Journal of the House of Representatives of the State of Georgia, at the adjourned session of the General Assembly, at Atlanta, Wednesday, July 6, 1887

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA,
AT THE
ADJOURNED SESSION
OF 'l'HE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, July 6, 1887.
ATLAXTA. GA.: PRINTED BY THE CONSTITUTION PUBLISHING CO)fPANY,
FOR JAS. P. HARRISON & Co., STATE PRINTERS.

PRINTED BY C:o"ST!TUTl<JN PUBLISHING Co. FOR 8TATR PRINTERS.

JOURNAL.

ATLANTA, GEORGIA,
Wednesday, July 6, 1887.
The House met pm>Suant to adjournment; called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names :

Those present are Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brndy, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of 'Valton, Coggins, Comer,

Ham, Hand, Hart, Harrell of Decatur, Harrell of Web~ter, Harrison of Franklin, Harrison of Quitman, Harper, HarYey, Harrili of Catoosa, Harris of Columbia, Hawkins,
Ha~es,
Henry, Hill of Meriwether, Hill of 'Vilkes, Holland, Holleman, Howard, Hughes, HuJi', Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler,

Olive. Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston. Ray, Bawls, Reid. Reiliey, Reynolds, Rich, Rountree, Hussell of Chatham, Russell ot Clarke, l~ussell of Polk, Schofield, Shewmake, Simmons, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson,

6

JouRNAL oF THE HousE.

Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Glenn, Green of Clay, Greene of !Ifaclison, Gresham, Griffith, Grindle, Hagan, Hale,

Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, :Madden, Mathews,
~Iauney,
Mills, Mixon, Monroe, Morgan, :MoJ7e, McCord, McLane, }IcGhee, :McGarrity, McLendon, }lcKibben, McCleskey, McMichael, Newton, Ni<:hols, Norris.

Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vining, Walker of Floyd, Walker of Putnam, Watts, Watson, vVay, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upst.n, Wilcox, vVilson, Worsham, Mr. Speakbr.

Those abent wen' Messrs.-

Evans, Gordon, Henderson.

Howell, Jones,

Sims, Vickers.

Mr. Ham, chairman of the Committee on Journals, reported that the Joumal of December 22 had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members to-wit: Messrs. Berner, Gordon, Howell and Evans.

Mr. Perry, of Gilmer, offered the following resolution, which was read and adopted, to-wit:

WEDNESDAY, JuLY 6, 1887.

7

Resolved by the House, the Senate concurring, That a committee of five from the House and three from the Senate be appointed to wait on his Excellency, the Governor, and notify him that the General Assembly is now in f'ession and ready to receive any communication he may see proper to make.
Mr. Calvin offered the following resolution, which was read and adopted, to-wit:
Resolved by the House of Rep1esentatives, the Senate concurring, That a joint committee of seven from the Senate and fifteen from the House be appointed to attend the commencement exercises of the University of Georgia, on Tuesday and wednesday, the 12th and 1:3th instant.
Mr. Calvin offered the following resolution, which was read and adopted, to-wit:
Resolved, That all restriction as to the introduction of new matter and the limit of debate imposed previous to the adjournment of this House in December last be and the same are hereby rescinded, and the regular rules of the House be declared in force on these subjects.
The Speaker announced the following named members from the House as the committee to notify the Governor of the organization of tl:e House, etc., to-wit: Messrs. Perry, watts, Glenn, 'V.illiams of Harris, Humphries of Brooks.

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

Mr. Speaker:
The Senate has adopted the following joint resolution and a'lks the concurrence of the Honse therein, to-wit:
A resolution appointing joint committee on the part of the Senate and House to wait upon his Excellency, the Governor, and notify him of the reconvening of the General Assembly, in pursuance of a joint resolution passed at the

JouRNAL oF THE HousE.
session of 1886, and has appointed, as a committee on the pmt of the Senate, Messrs. James and Guerry.
Mr. Ham offered the following resolution, which was read and adopted, to-wit:
Resoh,ed, That the Clerk of the House be directed to inform the Senate that the House of Representatives had re-assembled, pursuant to adjournment, that a quorum was present and ready to proceed with the public busine~s.
Upon motion of Mr. PeJTy, the Senate resolution was concurred in, to-wit:
A resolution relating to the appointment of a joint committee to notify the Governor that the General Assembly. had re-assembled and was ready for business.
The following message was received from the Senate, through Mr. Harris, Secretary therpof:
Jlr. Bpeake1:
I am directed by the Senate to notify the House of Representati\es that the Senate has met, pursuant to adjonmment; a quorum is present and is now ready to transact the bnsiness of the sef'sion.
Mr. Perry, chairman, on the part of the House of the committee to wait upon his Excellency, the Governor, to inform him that the General As,;emblj was ready to receive any message his Excellency might have to make, makes the following report:
Mr. Speaker :
The committee appointed, on the part of the House, to wait upon his Excellency, the Governor, and to noti(v him that the General Assembly had met, and was nady to receive any message that his Excellency might have to make, beg leave to report that :,aid duty has been performed, and the Goyernor will be ready to transmit to the General Assembly a communication during to-morrow's session.
JoHN P. PERRY, Chairman.

'VED~ESDAY, JULY 6, 1887.

9

Mr. Blalock offerec:l the following resolution, which was read, and upon motion tabled, to-wit:
Resolved, That the House adjourn to-day at 1 o'clock, and assemble hereafte1 daily at 10 o'clock, a. m., and adjourn at 1 o'clock, p. m.
Leave was granted to withdraw House bills Nos. 115, 198 and 401.
The 8peaker announced that the next order of business was the call of tht> counties for the introc:luction ot new matter, when the following bills were introduced, read the first time and referred to the Committee on General Judiciary, to-wit:
By Mr. Hill, of MeriwetherA bill to he entitled an act, making the burning of certain
houses a felony and prescribing a penalty for its violation.
The following bills were introduced and read the fi1~t time and referred to l'he Committee on Special Judiciary, to-wit:
By Mr. Felton, of BibbA bill to be entitled an act to amend an act approved
September-!, 1885, entitled an act to grant certain exemption to the Southern Cadet,;, a \olunteer military company, in the county of Bibb.
By Mr. Monroe, o( CalhounA bill to be entitled an act to amend paragraph ;30,
srctiou 1, of an act approved March :2, 187-!, entitled an act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller; to define their jnrisdiction, and for other purposes.
By Mr. McClesky, of CobbA bill to be entitled an act to amend an act, entitled an
act to authorize and require the registration of all voters in the county of Cobb, in thi;; State, and for other purposes.
By Mr. Harrell, of DecaturA bill to be entitled an aet to repeal section 2 of an

10

JouRNAL OF THE HousE.

act, entitled an act to organize a Criminal Court for the county of Decatur, and to definP- its jurisdiction, and for other purpose~. Approved February 25, 1876.
By Mr. Ham, of HallA bill to prohibit the sale of tobacco to minors, and for
other purposes.
By Mr. Little, of MuscogeeA bill to be entitled ar... act to authorize the congregation
of Benny Israel, of Columbus, Ga., to sell, and by proper deeds to convey to the purchasers title to certain lands held by them for church purpose,; in Columbus, Ga., and for other pnrposes.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. Monroe, of CalhounA bill to be entitled an act to incorporate the tow~ of
williamsburg, in the county of Caltoun; to grant cettain powers and privilege:; to the same, and for other purposes.
By l\Ir. Russell, of ChathamA bill to be entitled an act to incorporate the Guaranty-
l\Iutnal Insurance Company.
By Mr. Clay, of CobbA bill to be entitled an act to incorporate the town of
Kennesaw, in Cobb county; to provide for the election of a -:\Iayor and Conucil, Marshal and Clerk; to define their powers and duties, and for other purposes.
By Mr. McCleskey, of CobbA bill to be entitled an act to amend the charter of the
town of Roswell, of Cobb county, Georgia, by changing the corporate limits of said town, and for other purposes; approved September 13, 188:3, etc., so as to include within the corporate limits of th0 town of Roswell the premises and lands of E. H. \Vood, tormerly belonging to the estate of
J. S. Woorl.

'VED~ESDAY, JuLY 6, 1887.

11

By Mr. Smith, of GlynnA bill to be entitled an act to amend an act to incorpo-
rate the Turtle and Altamaha Rivers Canal Company, and to grant certain privileges therein named.
Also a bill to be entitled an act to incorporate the St. Mary's, Satilla and Turtle Rivers Canal Company; to grant certain powers therein named, an<l for other purposes.
By Mr. Chappell, of MuscogeeA bill to be entitled an act to provide for the extension
of the corporate limits of the city of Columbus, in the county of Muscogee.
The following bills were introduced, read the first time and referred to the Committee on Railroads, to-wit:
By Mr. Felton, of BibbA. bill to be entitled an act to amend the charter of the
Georgia Southern and Florida Railroad Company, so as to authorize consolidation with said company of railroads in Florida, the building of certain branch lines, and for other purposes.
By Mr. Smith, of CrawfordA bill to be entitled an act to incorporate the Macon and
Alabama Railroad Company, etc.
By Mr. Wei!, of FultonA bill to be entitled an act to amend tne charter of
originally the Marietta and ~orth Georgia Railroad Com pany, now by consolidation the Marietta anJ North Georgia Railway Company, so as to increase the rights, powers and privileges, and f(H ot~,er purposes.
By Mr. Bray, of FultonA bill to be e11titled an act to incorporate the Atlantic,
Atlanta and Great \Vestern Railroad and Navigation Company, with power to procure a right-of-way, to own or lease or operate Rhip!'l, sloops, steamboats and other water craft; to bsue stocks and bonds, and for other purposes.

12

JouRNAL OF THE HousE.

By Mr. Smith, of GlynnA bill to be entitled an act to amend an act entitled an
act to incorporate the Brunswick Street Railroad Company, and to define its rights, powers and privileges.
Also, a bill to be entitled an act to incorporate the Brunswick and Atlanta Railroad Company; to define its rights, powers, etc., and for other purposes.
The fullowing hill was introrluced, read t3e first time, a!ld referred to the Committee on Temperance, to-wit: By Mr. Smith, of Gwinnett-
A bill to prohibit the manufacture or f'ale of spirituous or malt liquors "ithin one mile of the Odd Fellows Hall, at Cains, Gwinnett county, Ga.
The following bill was it1troduced, read the first time, and referred to the Committee on Baukr:i, to-wit: By ~Ir. Clay, of Cobb-
A l,Jill to be entitled an aC't to incorporate the Marietta Bank, etC'.
The following bill was introduced and read the first time, and referred to the Committee on Militaty Affairs, to-wit:
By ~Ir. Reilley, of Chat!JamA hill to be entitled an act to incorporate the First Vol-
unteer Regiment of Georgia; to l'mpower the .same to acquire, hold and dispose of property, am! to issue bonds, which may be a lieu thereon, and f()t other purposes.
The follcming bill was introduced, t'Pad the first time, and referred to the Committee on County .:\Iatter.s, to-wit: By Mr. Rus~ell, of Chatham-
A bill to be entitled an act to regulate the fees of Justices of the Peace in Chatham county.
The following resolution;; were introduced, read the first timP and referred to appropriate committee,.;, to-\\'it: By Mr. \Veil, of Fulton-
A resolution for the reliet of The Reserve Globe Mutual Life and Insurance Company, of Baltimme.
Referred to Committee on Finance.

THURSDAY, JuLY 7, 1887.
By Mr. Chappell, of MuscogeeA resolution to appropriate money to pay for the Code
of Parliamentary law of forcE' in the State of Georgia, prepared by the Ron. Louis F. Garrard, and to provide for the disposition of the purchase money dedicated by the author to the pnrposei:i named.
Referred to (ommittee on Finance.
Mr. Calvin offered the following rei:iolntion, which was read and referred to the Committee on Rules, to-wit:
Re8olred, That with a view to making the Journal more complete, it shall be the duty of the Standing and Special Committees of this House in reporting bills for passage by substitute to st>t forth in full the titlE' of said substitute.
Upon motion of :i\Jr. Shewmake, it was agreed that when the House adjourns to-day it adjourn to meet to-morrow morning at 10.
The following bill was introduced, read the first time, and referred to the Committee on Printing, to-wit :
By Mr. Hawkins, of NewtonA bill to be entitled an act to amend section 3704 (a) of
the Code of 1~8:2, and for other purposes.
The hour of ndjournment having arrived the Speaker declared the House adjourned until to-monow morning at 10 o'cloek.
ATLANTA, GEORGIA,
Thursday, July 7, 18H7. The House met pursuant to adjournment; 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 :

14

JouRNAL OF THE HousE.

Those present were Messrs.-

Adams of Elbert.

Hand,

o;ive.

Adams of Greene, Arnheim Ashley. Atkinson,

Hart,
'V Harrell of Decatur,
Harrell of ebster, Harri;on of Franklin,

Page, Parker, Peeples, Perkins,

Bailey,

Harrison of Quitman, Perry,

Belt,

Harper.

Pickett,

Berner,

Harvey,

Pittman,

Birch more.

Hnrris of Catoosa,

Preston,

Black,

Harris ol Columbia, Ray,

Blalock,

Hnwkins,

Rawls,

Brady,

Hayes,

Reid,

Branch,

Henry,

Reilley,

Bray,

Henderson,

Reynolds,

Brown of Henry,

Hill of ~Ieriwether,

Rich,

Brown of Cherokee, Hll of Wilkes,

Rountree,

Brew~ter,

Holland,

Russell of Chatham,

Buchan,

Holleman,

Russell of Clarke,

Calvin,

Howard,

Russell of Polk,

Cameron,

Howell,

Schofield,

<:Jancller,

Hughes,

Shewmake,

Chappell,

Huff,

Simmons,

Clay of Cobb,

Humphries of Brooks, Smith of Crawford,

Clay of 'Yalton,

Hun.phries of Clinch, Smith of Glynn,

Coggins,

Hunt,

Smith of Gwinnett,

Comer,

Hutchison,

Smith of Jefferson,

Coney,

Iler,

Stevens,

Cook,

Johnson of DeKalb, Stewart of Mitchell,

Crawford,

Johnson of Echols, Stewart of Rockdale,

Darden,

Johnsor. of Hcreven, Stewart of Marion,

Denney,

Jones.

l:itovall,

Dodgen,

Kenan,

Strickland,

DuBose,

Kennedy,

Tate,

Duggan,

Key,

Taylor.

Durrance,

Kimbrough,

Terrell,

Fagan,

Lamar,

Thomas,

Felton of Bartow,

Lanier,

Vaughn,

Felton of Bibb,

l,ittle of Talbot,

Veazey,

Felton of .Macon,

Lumsden,

Vickers,

Featherston,

Madden,

Vining,

Fortner,

Mathews,

Walker of }<'loyd,

Fordhm,

.Mauney,

Walker of Putnam,

Fonte,

Mills,

Watts,

Franklin of Fannin, Mixon.

Watson,

Franldin of Thomas, Monroe,

Way,

THURSDAY, JULY 7, 1887.

15

Gamble, Gardner, Gibson. Gordon, Glenn, Green of Clay, Greell,ll of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham,

~!organ,
Moye, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McUleskey, Me :\fichael, Newton, Nichols, Norris,

Those absent \Vere Messrs.-

Evans,

Sims.

Wei!, West, Whaley. Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Mr. Ham, chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.

By unanimous consent the following bills were introduced, read the first time, and referred to appropriate committees, to-wit:

By Mr. Kenan, of Baldwin-
A bill to be entitled an act to amend sections 1341 and 1344 of the Code of 1882.
Referred to Committee on Lunatic Asylum.

By Mr. Lanier, of Early-
A bill to be entitled an act to establish a County Court in the county of Early.
Referred to Committ~c on Counties and County Matters.

By Mr. Harrell, of Decatur-

A bill to be entitled an act to prescribe the time for cut-

ting turpentine boxes, and fixing the penalty for the VIO-

lation of the same.



Referred to Committee on Hygiene and Sanitation.
a Also, bill to be entitled an act to provide for the sur-

veying of all wild or unimproved lots of land before the

16

JouRNAL oF THE HousE.

wood or timber on the same shall be cut or removed, and for other purposes.
Heferred to Committee on Counties and County Matters.
By Mr. Candler, of DeKalbA bill to be entitled an act to amend an act entitled an
act to create and organize a new Judicial Circuit ctf the Supreme Court of this State, approved September 8, 188.5, by striking therelmm th~ ptovisions at the eud of the first "'edion thPreof.
Referred to CouJn1ittee on General Judiciary.
By Mr. Preston, of JasperA bill to be entitled an act to create the office of Inspec-
tor of Roads for the county of Jasper; to provide for the manner of his appointment, his duties, liabilities, comp,~nsa tion and term of office, and for other purposefl.
Heferred to Committee on Counties and County Matters.
By Mr. PrE>Ston, of .JasperA bill to be entitled an act to make it unlawful for any
person to shoot, snare, trap or in any manner kill any buck, doe or fawn, wild turkey or partridge, running at large in Jasper county, and to provide a penalty for violation of the same.
Referred to Committee on Counties and County Matters.
By Mr. Mathews, of HoustonA bill to be entitled an act to amend the guano inspec
tion laws of this State, so as to prevent inspection of bulk lots of guano; to establish official brands upon guano packages for tags as evidence of inspection, and for other pur-
po~es.
Heferred to Committee on Agric'ulture.
By Mr. Fagan, of HoustonA bill to be entitled an act to prescribe the duties of the
.Jury Commissioners of the several counties of this State, in reference to excluding the names of certain county officers from the jury boxes, and for other purposes.
Referred to Committee on Special Judiciary.

THURSDAY, JULY 7, 1887.

17

By Mr. Humphrie!:l, of BrooksA bill to amend section 936 of the Code, so as to allow
the commission of Tax Receivers the same as the commissions allowed Tax Collectors for collecting county taxes.
Referred to General Jndicia1y Committee.
By Mr. Walker, of PutnamA bill to be entitled an act to amend section 1465 (d) of
the Code, so a~ to prescribe further duties of the Commissioner of Agriculture, and for other purposes.
Referred to Committee on Finane<:'.

The following eommnnieation was recei\ed from hi,; Excellency, the Govemor, through l\Ir. Harrison, his Secretary, to-wit :
~Hr. Speake1 :

I am directed by the Governor to deliver to the House of Representatives a communication in writing, with an accompanying <loeument.

ExECl'TIYE DEPAFT:'IIENT,
Atlanta, Ga., July 7, 1887.
To the Senate and House of Repnsentative.s: Through the medium of a special message I wish to invite
your attention to several matters of public importance.

THE ATLANL\. UXIYERSITY.

In transmitting the reports made by the Board of Visit-

ors, appointed to attend the examinations of the University

of Georgia and of the Atlanta University, your attention

is respectfully asked to the following extract from the

report in reference to the Atlanta University:



'' 'Ve feel it to be our duty to call the attention of your Excellency. to a tact in connection with the Atlanta University which was a i'iurprise to us, and which we feel sure is not in accord either with the policy and provisions of the Legislature of the State, or with the theory of our institutions.
2

18

JouRNAL OF THE HousE.

"'Ve find in attendance at the Atlanta University a numbet of white students of various ages and both sexes, most of them having more or less connection with the members of the faculty or other officers.: and one, at least, entirely unconnected with the officials. 'Ve mention these relations of the white students, not with the intention of suggesting that there is auy real difference between allowing the attendance of children of the faculty and children of those other than
"rthe faculty, but, in order that all the facts may be known. e have at'certained, by conference with the members of the faculty 0f tbis institution, that it is their avowecl intention to recei,e all white children who apply for admission into the f'chool; and we interpret this, in connection with certain publications of theirs, as a desire to break down the existing barriers again,.;t the eo-education of the two races.. We desire to say that we regard this practice as not only intrint'ically wrong, but as being, in this ease, an improper u~e of thP money appropriated by the State to this institution. I11 every enactment which the Legislature has made upon this subject since and inclu<ling the yeat 1874, as well as in the constitutional delegation of authority to make it, the appropriation has been made for the benefit of the colon:d race alone. Indeed, the act of 1874, in terms, deYotes the sum of $8,000 pa ann wn solely to that people, and the act is in the nature of a contract by ;vhich they reeeive the sum in lieu of other moneys. It occurs to us that the admission of white children to a participati0n in the benefits of this appropriation, aside from the violation of the general policy of the State, is in this case a misuse of public money."
From this extract from the Board's Report it appears not only that white children are received as pupils at the Atlanta University, but the authorities of that institution avow their determination to matriculate all white children who may apply for admission.
The sum of $8,000 annually appropriated under the act of March 3, 1874, to the Atlanta University is one-half of the interest on $243,000, which was the sum realized by

THURSDAY, JuLY 7, 1887.

19

the State from the Agricultural Land Scrip, under the act of Congres~ of ,July 2, 1862, and the amending act of April 14, 1864: "donating public lands to the sen~ral States and Territories which may provide colleges for the benefit ot agriculture and mechanic arts." This amount was at first an item iu the general appropriation bill, but afterwards the act of March 3, 1874, was passed, annually appropriating such sum to the At:anta Uniwrsity. This sum <Jf $R,OOO thus appropriated is no part ot the interest derived from what is known as the Agricu.!tural Land Scrip. The whole of that fund was turned over to the State University to be u~ed in ~<trict accorclance with the act ot Congress; but in the spirit of perfect fairne:-:s and of liberalitv to it;., colored population, the State appropriates from the Treasury this sum annually for the education of colored people. Ther1~ is an obligation npon the part of the State to give to its colored population this sum of money each yeat'; but, if no such legal obligation existed, the State, guided by an enlightened public policy, would continue such appropriation to colorPd institutions of learning.
The Constitution of the State, however, in providing for the establishment of a system of common schools, expressly provides that they shall be free to all children of the State, but that separate schools shall be provided for the white and colored races. The General A:;sembly of the State, in all its legislation upon the subject of education, has been careful to observe this proYision of the State Constitntion.
In fact, the people of Georgia, in every form in which public opinion can be expressed, have declared their unalterable opposition to the co-education of the races, and it must be considered as a part of the settled policy of the State in reference to the colored race. The co-education of the race is opposed in the interest of the colored as well as of the white race. It tends to the deplorable result of amalgamation, so destructive to both races. All races which have achieved anything in this world have been homogenous. I am in favor of the highest elevation of

20

JouRXAL OF THE HousE.

the colored people of this State, of which they are capable, but my first advice to them for the elevation of their race would be to keep it o;eparate and distinct.
Georgia's policy upon this subject is plainly expressed in her laws and constitution, and based upon the conviction that the interests of both races demand that the children of the two :-lwuld be educated apart, and she cannot abandon that policy or permit any one to ignore it upon any fal:-e prinei ple;.; of sociology or political economy. Eight thou:-an<l dollars must continue to be devoted to the education of the colored race; but it is for the General Assembly to cletenninc lwu. that :-;nm shall be appropriated. The colored raCE' in Georgia is making most commendable progress in education, and the State government will render every aid in its power to its colored citizens.
The ,;ole question to be settled is this: " How can this annual apptopriation of $R,OOO be ur,;ed so as to secure to the colored race the largest benefit?" It has been suggested more than once by the State School Commissioner that this sum should be expended annually in maintaining a Normal School for the education of colored teachers. Or the Legir,;lature might appropriate this sum, if deemed advisable, to f'.ome one of the well establit-:hed colored institutions, taught by colored teachers, and pref'ide<i over by colored president and officers.

THE BOARD OF VISITORS.
In this connection I ask the attention of the Legislature to the law under which a special Board of Visitors is appointed for the State University, and for the Atlanta University, as found in the 1201st section of the Code, and in the 3rd section of the act of March 3, 1874.
It will be observed that the duty of the Board is" to attend the University examinations preceding the annual commencements," and, by a committee, " to report to the Governor, with the least possible delay, the character of said examination." This is all they are authorized to do. They have no authority to enquire into the police of these

THURSDAY, JuLY 7, 1887.

21

institutions, or their sanitary arrangements, or their financial condition, or their curriculum of study, or anything else connected with them. They must, under the statute, simply attenn the examinations and teport their character. The Board, whose report accompanies this message, have performed their duty efficiently, but they had to go beyond their duty to note the use of an obnoxious text-book in the State University. Their reports, when confined to the subject specified in the statute, however able they may be, are practically worthless, and yet the State pays tor these reports more than half as much as is paid by the State for the edncation at Dahlonega, or Milledgeville, or Thomasville, of a large number of students for a full scholastic year. I recommend that the Ia w be repealen, m that it be amended so as to greatly enlarge the powers of the Board, and enable it to inquire into and report upon everything connectrd with them, which would be of interest to the representatives of the people. In my opinion, such a visitation annually, is imperatively needed and would result in great benefit to the institutions.

SALE OF THE SPARTANBL"RG AND ASHEVILLE RAILROAD
BONDS.
As a creditor of the Citizen's Bank, whie1h failed several years ago, the State became the owner of fifty-three bonds, ($1,000 each) of the Spartanbnrg and Asheville Railroad. Thef'e bonds were convertib!e into the stock of the road, but were not secured by any mortgage or other lien on the road. Individuals in this State and in South Carolina wete the holders also of a still larger amount of these bonds. After the State acquired these bonds, the Richmoml and Danville Railroad Company became the owner of a majority of the entire amount of the outstanding bonds of the road, and ha\ing thus become possessed of a controlling interest in the stoek, caused $i:iOO,OOO of preferred bonds to be issued to pay for the completion of the roan.
The issue of these preferred bonds, caused the bonds held by the State and other patties to greatly depreciate in value,

22

JouRXAL OF THE HousE.

and the road has been so managed for two years or more by the Richmond and Danville Raill'Oad Company, that it failed to pay the interest on the preferred bonds, which were secured by a first mortgage. In this condition of thing~', the Attorney General, as the representative of the State, attended a meeting or the stockholders at Spartanburg in December last. At hi;; instance a committee was appointed, of which I was made chairman, to confer with the parties who,.;e interests were antagonistic to the minority stockholders, and see if a sale of the interest of the minority could not be effected, or some adjustment made of the differences between the patties. The proposed conference wa:-; hdd in April la>'t, the Attorney General being also present, at my reque,;t. Preliminary negotiations were then had, which re:-;nlted in a proposition in May last, by the Richmoud and \Ve,;t Point Terminal Company (which has succeeded the Richmond ami Danville Company in the control of the road) to pay the minority forty-five per cent. in cash for th('ir bonds, or fifty per cent. in the bonds of the Terminal Company. All the minority bond-holders regarded tlw proposed settlement at Jorty-five per cent. ('ash with decided favor, and promptly accepted it. After conferring with the Attorney General and the Treasurer, I decided to accept it al:-;u, it being maniitstly to the interest of the State to make the settlement. I was com pelleJ to act promptly or lose the opportunity to make this advantageow:i di,.;position ot bonds which had become comparatinly valuele~s.
As a :-;trict construction of the Ia w relating to the sale of public property, (see Code, sections 64 to 68, inclusive,) requires a public sale, after due advertisement, ancl as this was wholly impracticable in this instance, I request that a resolution be passed approving and confirming my actiun in the matter. I hope that this may be promptfy done, as the money for the bonds ($23,800,) has been recei vert and placed in the Treasury of the State. It i<hould have been stated that the $.53,000 of boncl,.; so held by the State, were purchased at a sale of assets of the Citizen's Bank, several

THURSDAY, JULY 7, 1887.

23

years ago, by direction of the then Governor, at the sum of $25,000, and the debt due by the bank to the State credited with that amount.
THE PETER TREZEYANT CLADI.
By the act of Congress, approved ~Larch 3, 1883, the Secretary of the Treasury of the United States was authorized and empowered to pay the State of Georgia, or its lawfully authorized agent, out of any money in the Treasury not otherwise appropriated, the sum of $;3;1,;")5 ). The first Comptroller of tlw Trea<,ury (Judge Lawrence), declined to pay this sum, but ordered it to be entered as a medit on the account in the Trea,;ury against Georgia, for her quota of the direct land tax of 18G2. Since the war large sums of money have been paid to Georgia fiom the Treasury of the United States, and in one instance, after a ruling by the Comptroller (Hon. A. G. Porter) that Georgia was not liable for that direct <tax. Two bills have been introduced in the Hom;e of Rep1esentatives to compel the payment of this sum of $35,555 to Georgia, notwithstanding the decision or ruling of any officer ol the Govemment, and have been reported upon favorably by judiciary committees of that body; but it is not at all probable that any special bill can be passed without some very objectionable amendment. The only othE'r remedy which the State has, i,; suit in the Court of Claims, and I recommend that the Governor be authorized to bring such wit, and for that purpose to employ special counsel, as the Attorney General is under no legal obligation to serve the State outside of its limits. The right to sue will be barred on the ;3d day of March, 1889.
COT:1'TY J A II.S.
The health of the prisoners confined in the different convict camps has been tor some time past remarkably good ; but these convicts are often received into the penitentiary in feeble physical condition, rPsulting from their confinement, pending their t1iab, in our county jails. These jails in some of our counties are without sufficient air or light~

24

JouRNAL oF THE HousE.

or comforts of any kind, and are represented as unfit places in which to confine prisoners. "When it is remembered that a vast majority of those who are confined in our jails, in fact, all of them, until conviction, are, in contemplation of law, innocent, it would seem to be a commanding obligati~n of justice and humanity that these jails should be not only habitable but comfortable places of confinement. It is not unusual for prisoners to be kept in jail for one or two years awaiting trial, the results of applications for new trial and of appeals to the Supreme Court, and then to be discharged at last when acquitted of the offense of which they are charged. They are released from jail on acquittal or sent to the penitentiary it convicted, with shattered or enfeebled constitutions.
I recommend that some plan be adopted to remedy this evil. The Legislature might provide for an inspection of the jails and all other prisons of this State, arHI prescribe certain conditions as to light, ventilation, drainage, area, etc., etc., which must be complied with in the construction of evety jail in Georgia before it can be accepted and used as a place for the confinement of prisoners.

SlX PER CENT. COUPONS.
I desire to call the attention of the General Assembly to the claim made by those who are, or have been, holders of the six per cent. bonds of the State, maturing in August, 1886, and in August, 1887, and being a part ofthe issue of one million of bonds under the act of February 29, 1856. These bonds stipulate upon their face that they shall bear interest at the rate of six pet cent. per annum, payable semi-annually, until maturity. But upon the 11th and 15th series of said bonds. maturing on the first day of August, there is no coupon attached to represent the last six mont!Js interest dne thereon. The Treasurer has no authority to pay this interest unless specially authorized by the General Assembly, and the holders of these series of bonds, as these bonds matured, have received payment of the principal, and snrl'endered the bonds undet protest. The General

THURSDAY, JULY 7, 1887.

25

Assembly has, heretofore, by resolution, approved September 9, 1881, authorized the Treasurer to pav the last six months interest upon certain bonds ot this class, which had matured and been surrendered upon payment of the principal alone. The amount of interest due is comparatively small, but it is a just debt, and I recommend that the Treasurer be authorized to pay it. This recommendation is made not upon the ground that its non-payment will injure the credit of Georgia, but upon the higher and better r-round that the State should pay every honest debt which she owes.
THE fo;TATE ROAD.
The lease of the Western and Atlantic Railroad will not expire before the meeting of the next Legislature, in November, 1888. It will expire, however, so soon thert>after that a very short time will be allowed for discussing plans for future disposition of this most important property of the State, or for advertising for propositions, or for selecting proper lessees, should the Legislature decide upon another lease. It seems to me, therefme, in e\ery point of view, essential that the General Assembly, at its present sitting, give to this grave matter the fullest and most earnest consideration.
A PARDOX CO~DriSSWX.
There is no duty deYolving npon the Executive which is more importai:lt, more onerous, and oftentimes more embarrassing, than his exercise of the power to graut pardons, reprieves and commutations of the sentences of convict~, which is conferred upon him by the Constitution. The labor which it involves to a conscientiou~ official is very great, whilst the solicitude it causes to an Executive of ordinary sen~ibilities is often most painful. Indeed, the labor is so great that the Executive ('annot satisfactorily pertorm it without neglecting other duties belonging to his office.
A short while after the commencement of my term of office thete were, by aetna! count, on file in thP .Executiye

26

JouRNAL OF THE HousE.

Department more than six hundred applications for pardons, reprieves or commutations. The large majority of these were presented to my preclecessors. Some of the applicants had served their terms and been discharged; some had died; a few had escaped; but after deducting all these, several hundred cases remained requiring the action of the Ex2cutive, and to these others have been constantly added. The pardoning power is not a prerogative of the Executive to be used careh~~sly or arbitrarily, but a discretion to be exercised calmly, cautiomdy, conscientiously and courageously. Again, it is a power which ohould be exercised as soon as it is_invoked. If a convict petitions for pardon, and is entitled to it, he should have it with all practicable expedition. Every day of detention in confinement is a grievous wrong to him. Delay in considering a petition for pardon is as unjm,tifiable, if it can be avoided, as delay in deciding the issue presented upon a writ of habeas corpus. It is, itself, a writ of liberty, and should have a speedy hearing. The pardoning power C'annot be delegated. It. must be exercised by the Executive himsell, under the responsibility of his oath of office; upon his conviction of what is right after examination and investigation which he himself has made.
The Execnti ve, with the aid of efficient ~;ecretaries, might possibly dispose of all the applications for clemency filed in his office. But, as the law stands, he cannot avail himself even of this aid, or of any aid, so as to relieve himself from the necessity of personal investigation and decision, in every ease, and from the sense of personal re~;ponsibility in all cases. It is impossible tor the Executive to attend properly to his many other duties, and dispose of all applications for executive clemency with the dispatch which the applicants have a right to demand, and, at the same time, with the caution which the interests with the public require. If these are the facts to-day, what may they be a few years hence, when this great commonwealth of Goorgia has grown into an empire, in the qtent and multiplicity of its public business. I have given this subject much consider-

THURSDAY, JULY 7, 1887.

27

ation, and I am convinced that it would be wise legislation to organize a commission of pardons now, by which I, and my successors in office, might be relieved of a large share of this labor and responsibility which attaches to the pardoning power. A change of the Constitution may be necessary, but it occurs to me that such a commission might be established, without a change of the fundamental law, if the act establishing it shall place the ultimate decision of every application for pardon, reprieve, or commutation of senten'ce upon the Governor, and that it could be so organized as to add very little to the expense of the eivil establishment.
But, without entering into thP details of any plan, I must earnestly invoke the attention of the General Assembly to the subjeci:, as worthy of their immediate and careful eom<ideration.
J. B. GORDON.

Upon motion of ~Ir. \Vie!, the message from the Gnvemor was taken up and read.
Mr. Harrison, of Quitman, offered the following resolution, which was read and agreed to, to-wit;
Resolved, That oo much of the report of the Board of Visitors to Atlanta University as relates to the management of said institution contained in the Govemor's message, together with his rec0mmendation therein, be and are referred to Committee on Education, who are instructed to report by bi II ot otherwise l"uch action as in their judgment io beot calculated to accomplish the desired end.
Mr. Ham, of Hall, offered the following resolution, which was read and agreed to, to-wit:
Re8olved, That the resolution passed by this House, December 13, 1886, fixing the hours of meeting and adjournment be and the same is hereby rescinded so far as relates to afternoon sessions until the further order of the House.

28

JouRNAL OF THE HousE.

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

Resolved, That so much of the Governor's message as relates to the sale of the Asheville and Spartanburg Railroad bonds, be referred to the Finance Committee of this House, with instructions to report to this House, as soon as possible, a recommendation as to what action should be taken in reference thereto.
Upon motion of Mr. Watts, House bill No. 256, was recommitted to the Committee on Agriculture.
The Speaker announced that the next order of busiuess was the unfinished business of yesterday, which was the continuation of the <'all of counties for tlH~ introduction nf new matter, when the following bill was introd need, read the first time and referred to the Committee on Railroads, to-wit :
By Mr. Page, of RabunA bill to be entitled an act to incorporate the Tennessee,
Carolina and Georgia Railroad Company.
The following bills were introduced, read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. \Vatts, of StewartA bill to be entitlt-d an act to requite the owners of
horses, mules, cows, hogs, ;;heep aud goats, and cattle and stock of all kinds, to prevent the ;:ame from running at large upon the lands, whetlwr enelo;.:ed or unenelosed, in the 90.5th and flGGth Distriet, G. M., of Stewart county, etc.
By Mr. Holleman, of TaylorA bill to be entitled an act to better pmtect the lands
and farming interest in the 7-!3rd militia district of Georgia, Taylot county.

The following hilb were introduced, read the first time, and referred to the Committee on Finance, to-wit: '

THURSDAY, JULY 7, 1887.

29

By Mr. Wheeler, of WalkerA bill to authorize the relear;e of the Western and Atlantic
Railroad, and for other purpoi"es therein mentioned.
By Mr. Felton, of BartowA bill to be entitled an a('t to authorize the Governor to
lease the Western and Atlantic Railroad, subject to the present lease for a tetm of twen.ty years, and for other purpo..;es.
The following bill was introduced, read the first time, and referred to the Committee on Temperance, to-wit:
By ;\h. Clay, of WaltonA bill to be entitled an act to prohibit the sale of intoxi-
cating liquots within tliree miles of \Valnut Grove A('ademy, in the county of \Valton.
The following bill was introduced, read the first time, and refened to the Committee on Education, to-wit:
By Mr. Wilcox, of WareA bill to be entitled an act to amend the charter of the
city of \Vaycross, so as to authotize the Mayor and Council to establish a system ot public schools, and to provide revenue tor the suppott of the same, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit :
By Mr. Hart, of TroupA bill to be entitled an act to exempt from municipal
taxation two hundred and sixty acres of farming land lying within the corporate limits of the city of West Point.
The following bill was introduced, read the first time, and referred to the Committee on Banks, to-wit : By Mr. Stevens, of Terrell-
A bill to be entitled an act to incorporate the First State Bank of Dawson, Ga.
The !ollowing bills were introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit :

30

JouRNAL OJ<' THE HousE.

By Mr. McLendon, of ThomasA bill to authorize the Mayor and Council of the town
of Thomasville to issue $15,000 worth of bonds for park purposes.
Also, a bill to amend the charter of the town of Thomasville, by extending the corpmate limits for police purposes only.
By l\Ir. Pittman, of TroupA bill for the protection of game in Troup county.
Bv Mr. Blalock, of Clayton. A bill to be entitled ~n act to create a Board of Commis-
sioners of Road' and Revenue for the county of Clayton, any for other purposes.
The following hills were introduced, read the first time, and referred to the Gent'ral .Judiciary Committee, to-wit:
By l\Ir. McCord, of RichmondA bill to bP entitled an act to allow bona fide purchasers
of land the ;-alne of improvements, and for other purposes. Also, a bill to be entitled an act to amend section 1970 of
the Code of said State, in reference to rights to nndue; how enforced, and for other purposes.
By :Ylr. Lamar, of RichmondA bill to be entitled an act to define the offence of black-
mail; to prescribe a penalty, and for other purposes.
By l\Ir. Simmons, of SumterA bill to be entitled an act to require the Clerk of the
Supreme Court, in the grant of a new trial or refusal of any case by the Supreme Coutt, to forward with the remitter a full opinion of the court in the case without charge or cost for the same.
By 1\It-. McLendon, of ThomasA bill to be entitled an act to require the transfer of mis-
demeanor cases now pending, or which may hereafter arise in the Superior Court of Thomas county, to the County Court of said county, by the Judge of said Superior Court~

THURSDAY, JULY 7, 1887.

31

and to provide for the divisions and disposition of the money arising frorn fines and forfeitures in such transferred cases.
By Mr. Glenn, of WhitfieldA bill to fix the compensation of the Sheriff of the
Supreme Court, and to provide the manner of its payment. Also, a bill to amend section 4G62 of the Code of 1882.
By Mr. Featherston, of FloydA bill to be entitled an act to repeal sections 742 and 74:3
ot the Code of Georgia, and to provide how ruining companies may obtain rights-of-way.
Also, a bill to be entitled an aci to create a lien upon railroads in favor of persons employed as laborers or mechanics in the construction thereof, and to provide for the enforcement of such liens.
The following resolutions were introduced, read the first time, and referred to the Finance Committee, to-wit:
By Mr. Harrell, of "Webster-
A resolution approving and confirming the settlement, made by the GoYernor, of the State's elaim represented by bonds of the Asheville and Spartanburg Railwad.
Also, a resolution authorizing and directing the Governor to sell the one hundred and eighty-six shares of stock in Georgia Railroad and Banking Company, now covered by the State.
1\Ir. Simmons, of Sumter, offered the f{dlowing resolution, which was read and agreed to, to-wit:
Be it resolved by the Genrnd A.~8embly of Georgia, That, whereas, the Supreme Court Reporter of the State ofGeorgia is now two years behind in his work, and the decisions are withheld from the State for some unknown cause; and it further appearing that the decisions are promptly furnished to foreign publishing houses.
Therefore be it resolved, That a joint committee, composed of three from the House and two from the Senate, be

JouRNAL OF THE HousE.
appointed and empowered to investigate and make report of the same during this session of the Legislature.
l\lr. Chappell, of Muscogee, offered the following resolution, which wa:> read and agreed to, to-wit:
Re8olred by the Hou8e of Repre8entatire8, the Sen(tte concurring, That a committee of two from the Senate and three from the Hou~e, be appointed to enquire and report what public officers are to be elected dnring the pre:;ent session of the General As~embly.
LeaYe of ab;;ence \\m.; granted to :\Ies,.;r,.;. 'Valker of Floyd, and Perkins.
The hour of adjournment ~aving anived, the Speaker Jeelared the House adjourned until to-morrow morning, at 10 o'clock.

ATLANTA, GEORGIA,
Friday, July 8, 1887.

The House met pursuant to adjour,nment; called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adam;, of Elbert, Adams of Greene, Arnheim, Ashley, Atkimon, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady,

H::un,
Hand, Hart, Harrell of Decatur. Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins,

Norris, Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls,

FRIDAY, JuLY 8, li:!R7.

33

Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of .:\lacon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hide,

Hayes,

Henry,

Henderson,

Hill of Meriwether,

Hill of Wilkes,

Holland,

Holleman,

Howard,

Howell,

Hughes,

Huff,

Humphries of Brooks,

Humphries of Clinch,

Hunt,

Hutchison,

Iler,

9

Johnson of DeKalb,

Johnson of Echols,

Johnson of Screven,

,Jones,

Kenan,

Kennedy,

Key,

Kimbrough,

Lamar,

Lanier1 Little of Talbot,

Lumsden,

Madden,

Mathews,

Mauney,

_:Mills,

Mixon,

Monroe,

Morgan,

~Toye,

McCord,

~IcLane,

McGhee,

McGarrity,

McLendon,

McKibben, McUleskey, McMichael, Newton, Nichols,

Reid, Reilley, Reynolds, Bich, Bountree, Russell of Chatham, R uBsell of Clarke, Bussell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens. Stewart of _Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thoma,;, Vaughn, Veazey, Vickers, Vining, Walker of Putnam, Watts, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Absent-Mr. Walker, of Floyd. 3

34

JouRNAL OF THE HousE.

Mr. Gibson, ofthe Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Harrell, of Decatur, offered the following resolution, which was read and adopted, to-wit :
Re8olred, That from and after to-day the Honse shall meet at 9 o'clock a. m., and adjoum at 12 o'clock m., until further ordered.
Leave of absence was gr~ted to the following members, to-wit: Messrs. Little, of Talbot, Berner, Perry and Russell, of Clarke.

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

M1. Speaker :
The Senate has concurred m the following resolution of the House, to-wit :
A resolution appointing a committee of two from the Senate and three from the House, to enquire and report what public officers are to be elected during the present session of the General Assembly, and has appointed as a committee on the part of the Senate: Messrs. Hawkes and Dean.
The Senate has also concurred in the following joint resolution of the House, as amended, to-wit:
A resolution appointing a joint committee from the Senate and House to attend the commencement exercises of the University of Georgia.
The Speaker announced that the next order of business was the unfinished business of yesterday, when the following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit :

FRIDAY, JuLY 8, 1887.

35

By Mr. Schofield, of Bibb-
A bill to be entitled an act to provide for the inspection and regulate the sale of petroleum and its products, and to repeal existing laws governing inspection and sales in the State of Georgia.
Upon motion of Mr. Calvin, the resolution relating to appointing a committee to visit the State University on the 12th and 13th instant, was taken up and the Senate amendments thereto were concurred in.

The Speaker announced the following named members from the House on the committee to enquire and report what public officers are to be elected during the pres~::nt session of the General Assembly, to-wit: Messrs. Chappell, Brown of Cherokee, and Peeples.

The following message was received from his Excellency,
the Governor, through Mr. vV. H. Harrison, Clerk of the
Executive Department :

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., July 8, 1887.
To the Geneml Assembly :
It is my duty to report that Hon. James Jackson, Chief Justice of the Supreme Court of Georgia, departed this life January 13,1887, and that the Hon. James T. Willis, Judge of the Superior Courts of the Chattahoochee Circuit, departed this life May 6, 1887.
It will devolve upon the General Assembly, at the present session, to elect a Chief Justice of the tlupreme Court for the unexpired term of six years from January 1, 18~7;

36

JouRNAL OF THE RoesE.

and a Judge of the Superior Courts of the Chattahoochee

Circuit for the unexpired term of four years, from January

1, 1885.

J. B. GoRDON.

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

Mr. Speake1' :
The Committee on Finance have had under consideration the following resolution, which they instruct me to report back to the House with the recommendation that it do pass, as amended, to-wit :
A resolution approving and confirming the settlement made by the Governor of the State's claim represented by bonds of the Asheville and Spartanburg Railroad.
Respectfully submitted. Wl\L W. GoRDON, Chairman.

By unanimous consent the following bills were introduced, read the first time and referred to appropriate committees, to-wit:
By Mr. Strickland, of DawsonA bill to be entitled an act to create a Board of Pardons
to investigate applications for reprieves or pardons, commutations and suspensions, of sentence of convicts and other persons under sentence from the courts of tb is State.
Referred to Committee on Penitentiary.
By Mr. Gamble, of JeffersonA bill to be entitled an act to incorporate the town of
Bartow, in Jefferson county, to grant certain powers and privileges to the same, and for other purposes.
Referred to Committee on Corporations.
By Mr. Black, of GordonA bill to amend an act to organize a Board of County

FmDAY, JuLY 8, 1887.

37

Commissioners for the county of Gordon, and for other

purposes.

.

Referred to Committee on Counties and County Matters.

By Mr. Lamar, of RichmondA bill to be enti~led an act to ratify the consolidation of
the Augusta and Knoxville Railroad Co., and the Port Royal aiJd Augusta Railroad Co., as far as they ate corporations under the laws of Georgia and ate property in Georgia, and to authorize them to join in a mortgage of their property and franchises.
Referred to the Committee on Railroads.

By Mr. Peeples, of Berrien-
A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Berrien, to define their powers and duties, and for other purposes.
Referred to Committee on Counties and County Matters.

Also, a bill to be entitled an act to provide for registration of the qualified voters of Berrien county, and fot other purposes.
Referred to Committee on Special Judiciary.

Upon motion of Mr. Chappell, the message from the Governor was taken up and read.

Upon motion of Mr. Ham, the message was referred to the committee appointed to investigate and report what public officers are to be elected by the present General Assemblv.

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

Re.solved, That so much of the Governor's message as relates to the organization of a commission of pardons be referred to the Finance Committee with instructions to report by hill or otherwise.
The Speaker announced that the next order of business was the call of the roll of counties for the introduction of

38

JouRNAL oF THE HousE.

new business, when the following bills were introduced, read the first time and referred to the Committee on Counties and County Matters, to-wit :
By Mt. Hill, of WilkesA bill to be entitled an aet to pmhibit the sale, barter or
exchange of cotton in the seed, in the county of Wilkes, trom the 15th of August to the 15th of December of each year; to prE'Rcribe the penalty for the violation of the same, and for other purpo;,es.
By Mr. Hill, of MerriwetherA bill to be enti tied an act to settle and define the county
lines in this State, where differences may exist between counties as to the boundaries thereof, and for other purposes.
The following bills were introduced, read the first time and referred to the Committee on Counties and County Matters, to-wit:
By Mr. Mixon, ot CowetaA bill to be entitled an act to amend section 671 of the
Code of Georgia, so that the Commissioners of Roads and Revenue of Coweta county can, in their discretion, omit the condition required to be in bonds to build public bridges requiring contractors to keep the bame in repair for seven years.
By Mr. Gordon, of ChathamA bill to be entitled an act fixing the fees of the Ordinary
of Chatham county, and for other purposes. Also, a bill to be entitled an act to create a Board of
Assessors for Chatham county, etc., and hH other purposes.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit :
By l'.lr. Howell, of FultonA bill to be entitled an act to amend an act establis~Jing
a new charter of the city of Atlanta, appi'oved February

.FRIDAY, JuLY 8, 1887.

39

28, 1874, and the several acts amendatory thereof, so as to provide for the election and service of another Assistant Tax Receiver, etc., and for other purposes.
Also, a bill to be entitled an act establishing a new charter for the city of Atlanta, approved February 2S, 1R74, and the several acts amendatory thereof, so as to provide that tbe Board of Water Com missioners of said city shall consist of one member from each of the six wards of said city, and that the Mayor and Chairman of the Committee on Waterworks of the General Council shall ear:h be exofficio a member of said board, and for other purposes.
By Mr. Rountree-
A bill to be entitled an act to repeal an act incorporating the town of Swansboro, in Emanuel county, and to provide a new charter therefor.
By Mr. Gordon, of Chatham-
A bill to incorporate the Georgia Mutual Insurance CQ-mpany, of Savannah, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Mathews, of HoustonA bill to be entitled an act to amend an act entitled an
act to repeal an act entitled an act to so far modify the laws against lotteries as to enable william W. Boyd, of the, city of Atlanta, State of Georgia, and Mrs. william Wilson, widow cf Col. W. T. Wilson (Seventh Georgia), Mrs. Mary Ann Williams, Mrs. Phmbe Parker, et al., or as many of them as may accept the same, a majority of whom shall receive the powers herein granted to adopt a scheme to raise money for the purpose of building a home for and supportinf:' indigent widows and orphans; the home to be called The Masonic Orphan's Home, approved 12th December, 1866, and also to dispose of said property acquired under said aet by striking out and repealing the third section of said act.

40

JouRNAL oF THE HousE.

The following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Kenan, of BaldwinA bill to be entitled an act for the relief of .Jame:3 A.
Greene.
The following bill:'! were introduced, read the first time and referred to the Committee on the General Judiciary, to-\vit:
By Mr. Felton, of BibbA bill to be entitled an act to provide for the payment of
the insol vent felony costs of the Solicitors General, Clerks, Sheriff" and Justices of the Peace and Constables, of this State in felony cases, where there is a conviction or plea of guilty, and for other purposes.
By ::\fr. Foutc, of Bartow~l bill to be entitled ::tn act to alter and amend paragraph
2, section 18 of article 6, of the Constitution, so as to abolish all distinction between the classes of persons who shall serve as grand and traverse jurors, and to provide for the publication and ratification thereof.
By Mr. Pittman, of TroupA bill to amend section 3;).5-! of the Code ot Georgia.
By Mr. Way, of LibertyA hill to be entitled an act to provide for the amendment
of affidavits to foreclose Ieins.
By Mr. Fagan, of HoustonA bill to be entitled an act to prohibit county officerR and
attorneys-at-law from being jury commissioners in this State.
By Mr. Hayes, of ForsythA bill to ameml section 4655 (a) of the Code. Also, a bill to repeal section 4655 (b) of the Code.
By Mr. Lamar, of RichmondA bill to be entitled an act to make jurors compelant and
compellable witnesses for certain purposes in matters for

FRIDAY, JULY 8, 1887.

41

new trial, pleaR in abatement, or other judicial investigations, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Banks, to-wit:
By Mr. Clay, of CobbA bill to be entitled an act to incorporate the Austell Banking Company; to define its powers and duties, and for other purposes.
The iollowing bills were introduced, read the first time, and referred to the Committee ou Special Judiciary, to-wit :
By Mr. Fortner, of JohnsonA bill to be entitled an act to allow W. P. Williams and
Zachrie Claxton, Sr., of the county of Johnson, to peddle without license.
By Mr. Hayes, of ForsythA bill to be entitled an act to amend an act entitled an
act to repeal an act entitled an act to incorporate the town of Cumming, in Forsyth county, and for other purposes; approved December 27, 1845, and to re-incorporate said town, and for other purposes; approved October 10, 1885.
The following bill was introduced, read the first time, and referred to the Committee on Hygiene ann Sanitation, to-wit :
By Mr. Russell, ot PolkA bill to levy and collect a tax on physicians not perma-
nently located, or persons claiming to be such, and for other purposes.
Mr. Chappell, chairman on the part of the House of the joint committee to enquire and report what public officers are to be elected during the present session ot the General Assembly, submitted the following report:

Mr. Speaker: The joint committee, appointed for the purpose, beg leave

42

JouRNAL oF THE HoL"SE.

to report that the following public officers are to be elected by the General Assembly during its present session, to-wit:

A Chief J u>:tice ot the Supreme Court for the unexpired

term of six years from January 1, 1887, to fill the vacancy

caused by the death of Chief Justice James Jackson. Also

a Judge of the Superior Courts of the Chattahoochee Circuit

for the unexpired term of four year,.:, from January 1, 1885,

to fill the vacancy caused by the death of Judge James T.

Willis.

Respectfully submitted.

w. M. HAWKES,

Chairman on part of Senate.

T. J. CHAPPELL,

Chairman on part of House.

Un motion of Mr. Chappell, the report was adopted.
Mr. Mathews, of Houston, offered the following resolution, which was read and adopted, to-wit :
Be it resolved by the Hot~~e of Representatives, the Senate
concurring, That the Senate and House do convene on Mon pay, the 11th instant, at 10! o'clock a.m., for the purpose of electing a Chief Justice of the Supreme Court, to fill the vacancy created by the death of Chief Justice James Jackson, and also a Judge of the Chattahoochee Circuit, to fill the vacancy caused by the death of Hon. J. T. Willis.

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

Mr. Speaker :
The Senate has agreed to the following resolution, and asks the concurrence of the House therein, to-wit:
A resolution convening the General Assembly in joint session in the Hall of the House of Representatives, on Monday, the 11 tb instant, at 11 o'clock a. m., for the purpose of electing a Chief ,Justice of the Suprnme Court, and a Judge of the Chattahoochee Circuit.

FRIDAY, JuLY 8, 1887.

13

The resolution from the Senate, relating to the convening of the General Assemblv on Monday, the 11th instant, for the purpose of electing a Chief Justice of the Supreme Court, and Judge of the Superior Courts of the Chattahoochee Circuit, was taken up and concurred in.

Mr. Terrell, of Meriwether, introduced the following resolution, which was read the first time, and referred to the Finance Committee, to-wit :

A 1esolution for the relief of the Hartfield Steam Boiler Inspection and Insurance Company.

The following resolution, offered by Mr. West, of Habersham, which was read and adopted, as amended, to-wit :

'VHEREAS, .Judge C. H. Sutton, of the county of Habersham, has prepared, and has now ready for publication, a manuscript work to be entitled the "Georgia Justice," it being a treatise on the Ia ws in force in the Justice';,; Court of Georgia, and intended to aid J m;tices of the Peace and Notaries Public in the discharge of their various duties, etc.
AND 'V HEREAS, It may be a matter of public importance
that the State should ;,;ecure a sufficient number of copies thereof, to supply one to each Justice of the Peace and Judicial Notary in the State.
Resolved, That said manuscript be r~ferred to a committee of two from the Senate and fiye from the House, who shall examine the same, and report to this session of the Legislature whether, and upon what terms, copies thereof ean be procured, and such other facts as may be ot interest concerning the ;,;arne as they may think necessary.

The Speaker announced that the next order of businesR

was the reading of bills the third time and put upon their

passage, when the following bill was read the third time,

the report of the committee was agreed to, and the bill

passed, as amended, by the requi~;ite constitutional majority,

yeas 102, _nays 0, to-wit :

'

A bill to require the Clerk of the Superior Court of each

44

JouRNAl" OF THE HousE.

county to procure and keep a duplex index book of the written instruments of record in his office.

Resolution No. 20, which was taken up for a third read-

ing, was, upon motion of Mr. Harrell, tabled.

.

The following bill was read the third time, the report of

the committee agteed to, and the bill passed as amended by

the requisite conRtitutional majority; yeas 105, nays 0, to-

wit:

A bill to be entitled an act to alter and amend section 508 (I) of the Code of Georgia ; to determine whether or not two-thirds of i:he qualified voters in a county or municipality, or division vote, in favor of the issuance of county or municipal bonds.
Pending the consideration of House bill No. 34, the House, upon motion, adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday, July 9, 1887.

The Honse met .pur,;;uant to adjournment ; called to order by the Speaker, and opened with prayer by the Chap~ lain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black,

Ham, Hand, Hart, Harrell of Decrtur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa,

Norris, Olive, Page, Parker, Peeples, Perkins, Pickett, Pittman, Preston, Ray,

SATURDAY, JULY 9, 1887.

45

Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney,
Dod~~;en,
DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith. Grindle, Hagan, Hale,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Henderson,

Rich,

Hill of Meriwether, Rountree,

Hill of Wilkes,

Russell of Chatham,

Holland,

Russell of Polk,

Holleman,

Schotield,

Howard,

Shewmake,

Howell,

Simmons,

Hughes,

Sims,

Huff,

8mith of Crawford,

Humphries of Brooks, Smith of Glynn,

Humphries of Clinch, 8mith of Gwinnett,

Hunt,

Smith of Jefferson,

Hutchison,

Stevens,

Iler,

Stewart of Mitchell,

Johnson of DeKalb, Stewart of Rockdale,

Johnson of Echols, Stewart of Marion,

Johnson of Screven, 8tovall,

Jones,

Strickland,

Kenan,

Tate,

Kennedy,

Taylor,

Key,

Terrell,

Kimbrough,

Thomas,

Lamar,

Vaughn,

Lanier,

Veazey,

Lum~den.

Vickers,

.\1 adden,

Vining .

.Mathews,

'Valker of Putnam,

Mauney,

Watts,

)fills, Mixon,

Watron,
'Vav. ,

.Monroe,

Wei!,

Morgan,

West,

Moye,

Whaley,

McCord,

Wheeler,

McLane,

Whelchel,

McGhee,

'Villiams of Harris,

McGarrity,

'Villi5ms of Jackson,

McLendon,

Williams of Upson,

McKibben,

Wilcox,

McCleskey,

Wilson,

McMichael,

Worsham,

Newton,

Mr. Speaker.

Nichols,

46

JouR~AL OF THE HousE.

Those absent were Messrs.-

Evans, Little of Talbot,

Perry, Russell of Clarke,

Walker of Floyd.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matters have had under consideration the following bills, which they instruct me to report back to the House, with the recommendation that they do pass. Proofs correct, to-wit :
A bill to rf'gulate the fees of Justices of the Peace in Chatham county.
Also, a bill to provicle for the surveying of all wild or unimproved lots of land before the timber on same shall be cut or removed.
Also, a bill to exempt from municipal taxation two hundred and sixty acres of farming land within the corporate limits of the city of West Point.
J. M. TERRELL, Chairman.

The Speaker announced that the next business in order was the further consideration of House bill No. 34, when the same was read the third time, the report of the committee agreed to, and upon the passage of the bill the yeas and nays were called for, which call was sustained.

On calling the roll, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley,

Griffith, Hagan, Ham, Hand,

McCleskey, McMichael, Newton, Norris,

SA'ITRDAY, JuLY 9, 1887.

47

Atkinson, Belt, Beruer, Birch more, Black. Blalock, Branch, Bray. Brown of Henry, Brown of Cherokee,
Brew~ter,
Buchan, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coney, Cook, Darden, Denney, Dodgen, DuBose, Duggan, Felton of Bartow, Felton of Bibb, Felton of )lacon, Featherston, Fordham, Franklin of Thomas, Gamble, Gibson, Gordon, Green of Clay, Gresham,

Hart, Harrell of Decatur, Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henderson, Hill of ~leri wether, Holland, H11lleman, Howell, Hnghe8, Humphries of Brouks, Hunt, Hutchison, .Johnson of DeKalb, Johnson uf Screven, Jones. Kenan, Kennedy. Key, Kimbrough, Lamar, Lanier, Lnrnsden, Mathews, }launey, )! ills, Mixon, ~Ion roe, Morgan, Moye, McCord,
~IcGa.rrity,
McKibben,

Olive, Page, Peeples, Perkins, Pickett, Pittman, Preston, Ray, RawL;, Reid, Reilley, Hountree, Russell of Chatham, Shewmake, Sims, ::-lmith of Crawford, Smith of Hlynn, Smith of Jefferson, 8tevens, Stewart of Rockdale, 8tewart of Marion, Stovall, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Putnam, Watson, Wei!, Whaley, Whelchel, Williams of Jackson, Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

Bailey, Brady, Coggins, Comer, Crawford, Durrance, Fortner, Franklin of Fannin,

Harrison of Quitman, Henry, Huff, Humphries of Clinch, Iler. Johnson of Echols, Madden, McGhee,

Simn1ons, Smith of Gwinnett, 1:-ltewart of Mitchell, Strickland, Tate, Vaughn, Vining, Watts,

48

JouR~AL OF THE HousE.

Gardner. Greene of :\iadison,
Grindle, Hale, Harrell of Webster, Harrison of Franklin,

McLendon, Nichols, Parker, Reynolds, Rich, Schofield,

West, Wheeler, Williams of Harris, Wilcox, Wilson.

Those not voting were Messrs.-

Evans, Fagan, Foute, Glenn, Harris of Columbia,

Hill of Wilkes. Howard. Little of Talbot, McLane, Perry,

Russell of Clarke, Russell of Polk, Walker of Floyd, Way, Mr. Speaker.

Yeas 119. Nays 41. Not voting 15.

Having received the requisite constitutional majority, the bill passed as amended, to-wit:

A bill to be entitled an act tor the protection of cemeteries and burying places in this State, and to prevent and punish the unauthorized use of~ and traffic in, dead human bodies, and for the promotion of medical science by the distribution and use of unclaimed dead human bodies for scientific purposes, through a board created tor that purpose, and for other purposes.
Upon motion of Mr. Chandler, the bill was ordered immediately transmitted to the Senate.
Mr. McLendon, of Thomas, offered the following resolution, which was, upon motion, read and referred to Finance Committee, to-wit:
Resolved, That the Sub-committee appointed from the Penitentiary Committee under resolntion of the House be, and they are hereby authorized to employ a stenographer and sergeant at arms, the State to be at no greater expense than two hundred and fifty dollars on account of services rendered by such stenographer and sergeant at arms, and
Resolved .further, That. said committee be authorized to subpama witnesses and take testimony under oath.

Upon motion of Mr. Howell, resolution No. 20 wss taken from the table to be read the third time and put upon its passage.

SATURDAY, JULY 9, 1887.

49

The resolution was read the third t.ime. The report of the committee was agreed to. Upon the passage of the resolution the previous question was called and sustained. The .yeas and nayes were called for and the call sustained.
Upon motion of Mr. Howell the hour of adjournment was postponed until the consideration of the resolution was completed.

0fl calling the roll, the vote was as follows, to-wit :

Those voting in the affirmative \verc Messrs.-

Adams of Greene, Arnheim, Ashley, Bailey, Berner, Birchmore, Blalock, Brady, Bray, Brown of Henry. Brown of Cherokee, Brewster, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Crawford, Denney, Duggan, Durrance, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gordon, Green of Clay,
4

Gresham, Ham, Hand, Hart, Harrell of Decatur, Harrison of Franklin, Harrison of C-luitman, Harper, Harris of Columbia, Harvey, Hawkins, Hill of Meriwether, Holland, Holleman, Howell, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler. ,Johnson of Echols, Jones, Kenan, Kennedy. Kimbrough, Lanier, Mathews, Mills, Morgan, McGarrity, McKibben,

::\IcCleskey, 1\Ic:VIichael, Newton, Olive, Parker, Peeples, Perkins, Pittman, Preston, Ray, Rawls, Reid, Reilley, Rountree, Russell of Chatham, Russell of Polk, Schoffeld, Shewmake, Sims, Smith of Glynn, Smith of Jefferson, Stovall, Terrell, Vining, vValker of Putnam, Watts, Watson, Wei!, Whaley, Williams of Harris, Williams of Jackson, Williams of Upson.

50

JouRNAl, oF THE HousE.

Those voting in the negative were Messrs.-

Adams of Elbert, Atkinson, Belt, Black, Branch, Calvin. Cameron, Coggins, Cook, Darden, Dodgen, DuBose, Fortner, Gibson. Greene of :\ladi~on, Griffith. Grind!<:. Hagan. Hale, Harrell of\\' ebstPr.

Harris of Catoosa, Henry, Henderson, Hughes, Johnson of DeKalb, Johnson of Screven, Key, Lamar, Lumsden, Madden, Mauney, Mixon. )fonroe,
.Mo~e,
)lcCord. Niehol,, Norri,, Page, Pickett.

Reynolds, Rich, Simmons, Smith of Crawford, Smith of Gwinneit, Stevens, Stewart of Rockdale, Stewart of Marion, Strickland, Tate, Thomas, Vaughn, Veazey, Vickers. \Vest, Wheeler, Whelchel, Wilcox, Worsham.

Those not voting were Jiessrs.-

Buchan. Evans . .Fagan, Fonte. Glenn, Hnyes, Hill of Wilke,

Howard. Little of Tal bot. .McLane. )leGhef', .McLendon, Pcrr_,., Russell of Clarke,

1:-ltewart of Mitchell, Taylor, Walker of Floyd, Way, Wilson . .Mr. Speaker.

Yeas 97. Xays 58. Not voting 20.

Having received the requisite constitutional majority, the resolution passed to-wit:
A resolution for the relief of the Continental Insurance Company of New York.
The Speaker announced the following named members as the committee to attend the commencement exercises of the University of Georgia, to-wit: Messrs. Calvin, Perry, Rawls, Glenn, Moye and StevPns.
Leave 'of' absence was granted to the following members,

MoNDAY, JuLY 11, 1887.

51

to-wit : Messrs. Little of Talbot, Hill, McCord, Reynolds, Henry and Walker of Floyd.
The hour of adjournment having arrived, the Speaker declared the House adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA, Monday, July 11, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by Rev. Mr. Hayes.

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

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley. Atkinson, Belt, Herner, Birch more. Black, Blalock, Brady. Branch. Bray, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Cook,

Hart,

ParkPl'.

Harrell of Decatur. Peeples,

Harrell of ~Yebster, Perkin~.

Harrison of Franklin, Pickett,

Harrison of Quitman, Pittman.

Harper,

Preston,

Har-vey,

Ray,

Harris of Catoosa,

Rawls,

Harris of Columbia, Reid,

Hawkins,

Reilley,

Hayes,

Reynolds,

Henry,

Rich,

Henderson,

Rountree,

Hill of Meriwether, Russell of Chatham,

Holland,

Bussell of Polk,

Holleman,

Schofield,

Howard,

Shewmake,

Howell,

Sitnrnons,

Hughes,

Sitns,

Hutt',

Smith of Crawford,

Humphries of Brooks, Smith of Gwinnett,

Humphries of Clinch, Smith of Jefferson,

Hunt,

Stevens,

Hutchison,

Stewart of Mitchell,

Iler,

Stewart of Rockdale,

52

JouRNAL OF THE HousE.

Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Felton of Bartow, Feltnn of Bibb, FP!ton of l\Incon, Featherston, Fortner, Fordhatn, Foute, Franklin of Fannin, Frnnklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Hagan, Hale. Ham, Hand,

.Johnson of DeKalb, Johnson of Echols, Johnson of Screven,
.r ones,
Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, LittlP of Talbot, Lnrnsden, Madden. Mathews,
~fnuney,
Mills.
~Iixon,
.Monroe,
~lorgan, ~Ioye,
McGhee, McGarrity, McLendon, 'McMichael, Newton, Nichols, Norris, Olive, Page,

Those absent were Messrs.-

Brown of Henry, Bailey, Comer, Evans, Fagan,

Griffith, Hill of Wilkes, McCord, McLane, McKibben,

Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, ThOtnas, Vaughn, Vea;,.ey, Vieker,;, '!ining, Walkt>r of Floyd, Walker of Putnam, \Vntts, \V atson, \Vay, Wei!, West, Whaley, Wheeler, 'Whelchel, Williams of Harris, Williams of Jackson, Willinms of UpoCJn, 'Wilcox, \Vilson, Worsham, Mr. Speaker.
McCleskey, Perry, Russell of Clarke, Smith of Glynn.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Felton, of Bartow, offered the following memorial and resolution, which was read and referred to the Finance Committee, to-wit:

MoNDAY, JuLY 11, 1887.

53

A resolution authorizing the Governor to take sueh legal steps as he may deem proper to protect the State's property, known as the Western and Atlantic Railroad, etc.
The following preamble and resolutions were offered by Mr. Felton, of Bartow, to-wit :
WHEREAS, The Legislature of Georgia, in the year 1870, passed an act to authorize the lease of the Western anrl Atlantic Railroad, and for other purposes therein mentioned, which act was approved October 24th, 1870; and
WHEREAS, The minimum rental for said railroad was placed at $25,000 per month, said lease to run twenty years, and which will expire at the close of the year 1890; and
WHEREAS, The authorities of the State under this act leased the Western and Atlantic Railroad, which is the property of this State, together with all its houses, workshops, depots, rolling stock and appurtenances of every character to a company, of which company, Hon. Joseph E. Brown, a citizen of this State, has been president from .the beginning of the lease until the present time ; and
WHEREAS, It was provided for in said lease act that said company, to whom the road and its workshops, rolling-stock and appurtenances of every eharacter were leased, should give a bond with ample security, for the Rum of eight millions of dollars, which bond should bind the lessees and their securities for the prompt payment of the sum agreed on at the end of each month, and for the return of the road and its appurtenances at the expiration or termination or forfeiture of the ll'ase in as good condition as it was in when received by the company from the State under said lease, which bond was requirerl to be recorded in Sect'etary of State's office; and
WHEREM;; The Attorney-General of the State has pronounced such bond, which the State supposed to be its security_, worthless; and
WHEREAS, Thete has been no provision made in said lease act requiring the State to become accountable to said

54

JouRNAL oF THE HousE.

company for improvements, betterments and additions made to said railroad and its appurtenances of every character; and
WHEREAs, Said lease was made to a company for $25,000 per month, when another company was offering $3.5,000 per month, with ample security; and
WHEREAS, The company which has controlled the railroad has reaped pecuniary benefits and profits from said lease, and will continue to reap the same until the expiration of said lease far in excess of all thei1 improvements, betterments and additions to said railroad-the State bearing an actual loss of ten thousand dollars per month for twenty years that said company might swell its own profits; and
\V HElmA:-;, These immem;e pmfits are shown to be facts in the first annual report to the lessees, made by the officers of said lease company, and the increase was so great by the second that the company realized twenty-nine and a quarter per ct>nt. of net profit out of the gross earnings, which gross earnings amounted to one million five hundred and ninety thousand dollars; and
\VHEREAS, These net incomes were duplicated until the year 1880, it reached the enormou,.; sum of four hundred and six thousand seven hundred and ninety-five dollars net income, realizing a clean profit of seventeen thousanrl six hundred and eighty-two dollars to each of the twenty-three shares into which thP stock was divided; and
WHEREAs, President Joseph E. Brown admitted to a committee appointed by the Legislature to investigate the bond, which he and others offered to a confiding people as security, that the State made no agre':!ment to pay for betterments; that there was no danger that the lessees would return it in as bad a condition as they received it; that they were forced to keep it in good condition to do their work with it; and
WHEREA~, The Legislature declined to compel him to

MoNDAY, JuLY II, 1887.

55

strengthen his bond, because they accepted such statement as the purpose of the lessees ; and
WHEREAS, Hon .Joseph E. Brown, as president of said railroad company, in an open letter addressed to the Governor of the State, bearing date of July 8, 1887, announces his purpose and intention, and the purpose and intention of the other lessees," unlet.:s the State makes some arrangement" satisfactory to the lessees to depreciate the railroad to the condition it was in when he received it from the State; and
"rHEREAS, The lessee,_; paid only a nominal rental for valuable property, which he had publicly declared to be the best the State will ever own, without outlay on the part of the lessees, except the improvcments, betterments and additions, they found it convenient to make to increase their individual profits, and t(Jt which betterment~; said lease company have been recompensed many fold; therefore, be it
Resolved by the Genewl Assembly of Georgia, That his Excellency, the Governor of this State, be authorized and required to take such legal step;:; as he may dtem proper to protect this valuable property of the State, and that the Governor be required to enjoin said company from removing rolliug stock, steel railR, side tracks, or from depreciating in anywise the value of the \V estern and Atlantic Railroad; and be it further
Resolved, That the Governor be authorized and required, whenever he is informed of the removal, or of the intended removal, of such mlling stock, steel rails, or of other appurtenances now in use, or which may be hereafter used, on said railroad during the continuance of the lease, which appurtenances have been placed on the road for the successful working of said road by the lessees, to take immediate possession of the railroad and its appurtenances ; that the Governor be authorized and required, if nece~sary, to the successful accomplishment of such po;:;~ession of said

56

JouRNAL OF THE HousE.

railroad and its appurtenances, to call to his aid the :,;beriffs and posse comitatus of the several counties through which this railroad runs, and expel said lessees, and should the intention become apparent, to remove this rolling stock and other movable property to the State of Tennessee, or auy other State, by the officer of said lease company, the Governot is authorized and required to commence proceedings, by which the property of the State and its usefulness may be preserved and recovered to the State, and he is further authorized to use all his executive authority to prevent such "economy" as is manifestly contemplated by said lease company.
Upon motion of Mr. Felton, 200 copie;; of the memorial and resolution was ordered printed for the use of the House.
Upon motion of Mr. Brady, House bill No. 14, the special order for to-day, was displaced, and the same made the special order for Thursday next immediately after the reading of the Journal.
Upon motion of Mr. Preston, Honse bill No. 443 was withdrawn.
Mr. Huff~ of Bibb, offered the following resolution, which was read and referred to the Committee on Finance, to-wit:
A resolution relating to the protection of the State's property, known as the "\Vestern and Atlantic Railroad.

:Ylr. Harrison, chairman of the Committee on Corporation~, made the following report :

Afr. 8peake1:
Th~ Committee on Corporations has had under consideration the following bill, which they instruct me to report back to the House with the recommendation that the same do pass, to-wit:
A bill to incorporate the Atlanta Chemical Company, and for other purposes.

MoNDAY, JuLY 11, 1887.

57

Also, the following bill, with the recommendation that it do pass, as amended, to-wit:
A bill to incorporate the town of Williamsburg, in Calhoun county.
Also, the following bill, with the recommendation that it do not pass, to-wit :
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the act amendatory thereof, approved September 3, 1877, so as to declare the true intent and meaning of the laws of said State and city relative to the assessment of church property in said city for street improvement, and for sewers, so that the same shall be liable to assessment.
Respectfully suhmitted. HARRISON, of Quitman, Chairman.

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

Mr. Speaker:
The Committee on the General Judiciary have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that it do pass, as amended, to-wit :
A bill to allow fees to Justices of the Peace and ex-officio Justices of the Peace in cases where no fees are now allowed by law.
Also, the following bills, which they recommend that the authors be allowed to withdraw, to-wit:
A bill to amend an act to require the Tax Collectors of the counties of this State to record the names of all persons who have not paid their State and county taxes.
Also, a bill to require Justice Court executions when issued by a Justice of the Peace in one county and levied upon personal property of a defendant residing in a differ-

58

.JorRNAL oF THE HousE.

ent county, to be returned for trial when litigated to the Justice of the Peace backing the same.
Re"pectfully submitted. RoBERT L. BERNER, Chairman.

t'pon motion of Mr. Felton, of Bartow, House bill No. 188 was made the special order for Tuesday of next week, immediately after the reading of the Journal.
The Speaker announced that the next order of business was the call of the counties for the introduction of new business, when the following bill were introduced, read the first time and referred to the Committee on ~Wild Lands, to-wit:
By :VIr. Branch, of ApplingA bill to be entitled an act to amend section 874 of the
Code of Georgia.
The following bill were introduced, read the first time and referred to the General Judiciary Committee, to-wit:
By Mr. Brown, of CherokeeA hill to be entitled an act to require defendants in eject-
ment cases to withdraw affidavits of forgery in ejectment cases, in all cases when it shall appear that said dePd or deeds have been lost, in the possession of the defendant, or his counsel.
By Mr. Atkinson, of CowetaA bill to be entitled an act to provide for the payment
of fees in certain criminal cases.
Also, a bill to establish a City Court of Newnan; to define its jurisdiction and powers ; to provide for the appointment of a J ndge and other officers; to define their powers and duties, and for other purposes.
By Mr. Perry, of FloydA bill to authorize and empower the majority in amount
of the stockholders to dissolve corporations.

Mo~DAY, JL'LY 11, 1H87.

59

Bv Mr. Haves, of ForsythA. bill to be entitled and act to make oral slander a misdemeanor; to provide punishment for the same, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Education, to-wit~
Bv Mr. Felton, of Bartow. A bill to amend the charter and laws relating to the U ni-
versity of Georgia, creating a Senators' Academicus, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. Felton, of BibbB bill to incorporate the SaYannah, Macon and Birming-
ham Short Line Railroad Company.
The following bill was introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit :
By Mr. Harvey, of CampbellA bill to fix the compensation of grand and petit jurors
in the county of Campbell.
The following bill was introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:
A bill to fix the time for the adjcmrnment of the Superior and City Courts in the State of Georgia.
The following bill was introcluced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. Harvey, of CampbellA bill to amend the several acts incorporating the town
of Palmetto, in Campbell county, by providing for the working ot the stteets in said town, collecting of taxes, and fixing salaries and fees and the issuing of licences and conferring certain i'pecific corporate powers on the Mayor and Council of said tO\m, and for other purposes.

60

JouRNAL oF THE HousE.

The following bills were introduced, read the first time, and referred to the Committee on Banks, to-wit :
By Mr. Felton, of BibbA bill to provide for the election of vice-President of
the Exchange Bank of Macon, Georgia.
By Mr. Weil, of FultonA bill to be entitleo an act to amend an act entitled an
act to incorporate the Capital City Land Improvement and Banking Company of Atlanta; approved December 20, 1886, for the purpose of changing its corporate name to the Capital Bank.
The following resolution was introduced, read the first time, and referred to the Committee on Military Affairs, to-wit :
By Mr. Arnheim, of DoughertyA resolution to appropriate the sum of one hundred and
fifteen dollats to the Jackson Light Artillery Company, of Albany, in repayment of such sum expended in repairing, refitting and preserving four twelve pounder brass Napoleon guns, the property of the State of Georgia.
The hour having arrived lor conwning the joint session of the General Assembly, the Senate entered the hall of the House of Representatives, and the joint session was called to order by Hon. JohnS. Davidson, Presidt>nt of the Senate.
The resolution for a joint session of the two Houses was then published.
The President announced that the first business in order was the election of a Chief Justice of the Supreme Court of the State of Georgia, to fill the unexpired term of the Hon, James Jackson, deceased, and that nominations therefor will be received.
Mr. Kenan, of the county of Baldwin, placed in nomination for that office, the Hon. Logan E. Bleckley, of the county of Fulton, which nomination was seconded by Messrs. Hawkes, of the 13th District, and Messrs. Glenn and West, of the House.

. MoNDAY, JTLY 11, 1887.

61

There being no other nomination, the Secretary, by direction of the President, proceeded to call the roll for said election.

The following Senators cast their votes for the Hon . .Logan E. Bleckley:

Brannen .J. F. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette .J. T. Dilworth John H. Douglass .John A. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

Hand J. L. Hand I. H. Hawkes W . .\1. Hil!;rlon Samuel .J achon R. H. Lamkin S. L'. Lewis :\[ile" W. Lhingst<>fl Thos ..J. ;\[eKamy .Ja,;. A. .\IcCan ts .J. .J. :'II ortheutt ,J. .J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie,). M. Robins ,John W. Rusk J. E. S1rmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. }lr. President.

Those not voting were Messrs.-

Atwood W. H. Brantley W. G.

James J. S. McLeod .John D.

Roberts D. :u.

The following Representatives cast their votes for Ron. Logan E. Bleckley :

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Belt, .Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell,

Ha1t, Jiarrcll of Decatur, Harrell of W ehster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Colnmbia, Harvey, Hawkins. Hayes, Henderson. Hill of Meriwether, Holland, Holleman, Howard, Hvwell, Hughes, Huff;

Page, Parker, Peeples, Perkins, Pickett, Pittman, Preston. Ray, Rawls. Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Simmons,

JouRNAL oF THE HorsE.

Clay of Uobb, Clay of Walton, Coggins, Coney, Cook, (;rawford, Darden, Denney, Dodgen, DuBose, Duggan,
Durr~Lnce,
Felton of Bartow, Felton of Bibb, Felton of :Macon, Featherston, Fortner. Fordham, Foutc, Franklin of B'annin. Franklin of Thomas. Gnmble, Gardner, Gibwn. Gordon, Glenu, Green of Ulay, Greene of )Jadison, Gresham. Grindle, Hagan, Hale, Ham. Hand,

Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalh, ,Johnson of Echols, .Johnson of Screven, .Jones, Kenan, Kennedy, Key, Kimbrough, Lamar. Lanier, Little of Talbot, Lumsden, Mad<len, Mathews, :\fauncy, Mills, :Hixon, 1Ionroe, ;\forgan, :\Ioye, :\lcGhee, McGarrity, ""IcLendon, McMichael, Newton. Niehob, Norris. Olive.

Silns, Smith of Crawford, Smith of Gwinnett, Smith of .Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, StovalL Tate, Taylor, Terrell. Thomas, Yaughn, Veazey. Vickers. Vining, Walker of Floyd, IValker of Putnam, Watts, Watson. Way, Wei!, West, Whaley, Wheeler. Whelchel, Williams of Harris, Williams of Jackson, VVilliarnr of Upson, vYilcox. vVorsham, Mr. Speaktr.

Tho,;;e not voting were Messrs.-

Bailey, Brown of Henry, Buchan, Corner,
Evan~,
Fagan,

Griflith, Henry, Hill of Wilkes, M<'Cord, .J\IIcLane, MeKibben,

~leUieskt>y,
Perry, Russell ot Clarke, Smith of Glynn, Strickland, vVilson.

On counting up the vote it appeared that the whole number cast was 194; the Hon. Logan E. Bleekley having received the entire vote, and the same being a majority of

MoNDAY, JuLY 11, 1887.

63

the General Assembly, he was, by the President, declared duly elected Chief Justice of the Supreme Court of Georgia, for the unexpired term of the Ron. James Jackson, deceased, commencing January 1st, 1887.
The President announced that the next business in order was the election of a Judge of the Superior Court for the Chattahoochee Circuit; to fill the unexpired term of the Ron. J. T. Willis, deceased, and that nominations would be received therefor.
Whereupon, Mr. Robins, Senator of the 25th district, placed in nomination for that office the Hon. J. M. Mathews, of the county of Talbot, which nomination was seconded by Messrs. Little of Talbot, and Simmons.
The nomination of Mr. Mathews was seconded by several Senators and Representatives.
The Hon. James M. Smith, of the county of Muscogee,
was put in nomination by the Hon. ,V. B. Butt, of the 21th
district. The nomination of Hon. James M. Smith wa,; seconded
by Messrs. Berner, Felton of Bibb, McLendon and Hawkins.
There being no other nomination the Secretary proceeded to call the roll for the election.

The following Seuatms ca,;t their \'Ote,- for the Hon. ,J.

M. Mathewb:

Brannen ,J. F.
Daniel Young A.
Davis LewiR A.
Douglass .John A. Foster E. Guerry T. L.

Hand I. H.
Hawke' W. M. ,J !tckson R. H. Lewi, )files W. Peek W. L.

Rnlins .John \Y. Rtl>k .T. E.
:-;mith A. H .. of lith. Wri!!;ht H. G.. of 1:-t. \\~right R. F .. of :\8th.

The following Senators cast their Ynte:-; for the Hon.

James M. Smith:

Butt W. B. Courtenay W. H.
Dean Linton A.
DeJarnette J. T.
Dilworth ,John H. Faver Paul Hamilton J. L. Hand J.L.

Higdon Samuel Lamkin S.C.
Livingston Thos..J. ~IcKamy Jas. A.
McCants J. J. ~orthcutt J. J. Powell R. J.

I>rln_!..dC' C. IL Rikhie .J. ~l.
Sirmam F. H.
Sutith "\Y. E., of lOth. Turnipseed R. A. \Voltird A. P. :\[ r. Preeidellt.

64

JOURNAL OF THE HOUSE.

Those not voting were Messrs.-

Atwood W. H.
Brantley vV. G.

James J. S. McLeod John D.

Hoberts D. M.

The following Representatives cast their votes for the Hon. J. M. Mathews :

Adams of Elbert, Adams of Greene, Atkinson, Birch more. Brady, Branch, Clay of \Valton, Coggins, Crawford, Felton of ;\lacon, Featherston, Fortner, Greene of Madison, Hand, Hart, Harris of Catoosa, Henderson,

Hughes, Hutchison, Jones, Kenan, Kimbrough, Little of Talbot,
I~urnsden,
Mathews, ;\lonroe, .McGhee, Newton, Nichols, Norris, Page, Peeples, Pickett,

Ray, Reid, Hussell of Polk, Schofield, Simmons, Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, Stovall, Vaughn, Veazey, Walker of Putnam, \Vest, Wheeler, Williams of Harris, Wilcox.

The following Representatives cast their votes for the Hon. James M. Smith:

Arnheim Ashley, Belt, Berner, Black, Blalock, Bray, Brown of Cherokee, Brewstel', Calvin, Cameron, Chappell, Clay of Cobb, Coney, Cook, Darden, Denney, Dodgen, DuBose,

Hagan,

McGarrity,

Hale,

McLendon,

Ham,

Oiive,

Harrell of Decatur, Parker,

Harrell of Webster, Perkins,

Harrison of Franklin, Pittman,

Harrison of Quitman, Preston,

Harper.

Rawls,

Harris ot Columbia, Reilley,

Harvey,

Rich,

Hawkins,

Rountree,

Hayes,

Shewmake,

Hill of Meriwether, Sims,

Holland,

Smith of Crawford,

Holleman,

Stevens,

Howard,

Stewart of Rockdale,

Howell,

Stewart of Marion,

Huff,

Tate,

II umphries of Brooks, Taylor,

65

Duggan, Durrance, Felton of Bartow, Felton of Bibb, Fordham, F.,ute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson. Gordon, Glenn, Green of Clay. Gresham, Grindle,

Hun.phries of Clinch, Hunt, Iler, John"on of DeKalb, Johnson of Echols, Johnsor. of Screven, Kennedy, Key, Lamar, Lanier, Madden, .Mauney, :Mills, :Mixon.
~I o r g a n ,
Moye,

Terrell, Thomas, Vickers, Vining, Walker of Floyd, Watts, Watson, Way, Wei!, Whaley, Whelchel, Williams of Jackson, Williams of Upson, Worsham, )fr. Speaker.

Those not voting were Messrs.-

Bailey, Brown of Henry, Buchan, Candler. Comer, Evans, Fagan, Griffith,

Henry, Hill of Wilkes,
~fcCord,
.IHcLauc, McKibben, l\IcU!eskey, McMichael,

Perry, Reynolds, Russell of Chatham, Russell of Clarke, Smith of Glynn, Strickland, 'Wilson.

On counting up the vote it appeared that the whole num ber cast was 191; necessary to a choice, 96.
The Hon. J. M. Mathews received 65 votes.
The Hon. James M. Smith received 126 votes, which being a majority of all the votes cast, he was declared duly elected Judge of the Chattahoochee Judicial Circuit to fill the unexpired term of the Hon. J. T. 'Willis, deceased, commencing on the first of January, 1885.
On motion of Mr. Harrison, of the county of Quitman, the joint session was dissolved.
The Senate retiring, the Speaker called the House to order.
By unanimous consent, the following bills were introduced, read the first time, and referred to appropriate committees, to-wit :
5

66

JouRNAL OF THE HousE.

By Mr. Bray, of FultonA bill to be entitled an act to incorporate the Southern
Phamix Insurance Company. Referred to Committee on Corporations.
By Mr. Glenn, of WhitfieldA bill to regulate the manner of conducting educational
institutions in this State, and to protect the rights of colored and white. people, and to pl'ovide penalties for infraction of. of the provisions of this act, etc.
Referred to Committee nn Education.
By Mr. Bray, of FultonA bill to amend an act establishing a new charter for the
city of Atlanta; approved February 28, 1876, and the several acts amendatory thereof, so as to provide for the extension of the city limits of the city of Atlanta one-halt mile in each direetion from the present corporate limits, etc., and for other purposes.
Referred to Committee on Corporations.
By Mr. Howell, of FultonA bill to amend section 1201 of the Code, providing for
the appointment and payment, and prescribing the duties of a committee to attend the State University.
Referred to Committee on Education. Abo, a bill to be entitled an act to amend an act to incorporate the west End and Atlanta Street Railroad Company, approved August 26, 1872, by granting to said company, which now exists under the corporate name of the West End and Atlanta Street Railway Company, the right to exist under its present organization, and to extend its line to West View Cemetery, and for other purposes. Referred to Committee on Railroads. Also, a bill for the relief of W. B. Allen, J. M. Smith, F. M. Gober, T. C. McCrary, M. P. McCray, Geo. W. McDuff, George Allen and others of Fulton county, to pay them for labor performed on Western and Atlantic Railroad, for which they have not heretofore been paid. Referred to Committee on Finance.

TuEsDAY, JuLY 12, 1887.

67

The following resolution was introduced, read the first time, and referred to the Committee on Finance :
By Mr. Black, of GordonA resolution to authorize the sale or lease of certain
property belonging to the State.
Leave of absence was granted to the following members~ to-wit:
Messrs. McClesky, Fagan, Wilson, Humphries, of Clinch; Humphries, of Brooks; Johnson, of Screven; Felton of Macon, and Candler.
Leave of absence was granted to the committee to visit the State University, Tuesday and Wednesday.
The hour of adjournment having arrived, the Speaker declared the house adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Tuesday, July 12, 1887.

The House met pursuant to adjournment ; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Adamo of Elbert, Adams of GreenEl, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock,

Hand, Hart, Harrell of Decatur. Harrell of Webster, Harrison of Franklin; Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins,

Norris, Olive, Page, Parker, Peeples, Perry, Pickett, Pittman, Preston, Ray, Reid,

68

JOURNAL OF THE HoUSE.

Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Cla~- of Walton, Coggins. Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Felton of Bartow, Felt"n of Bibb, Fe!ltherstcin, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thom!ls, Gamble, Gardner, Gibson, Gordon, Green of Clay, Greene of ::I'Iadison, Greshfim, Grindle, Griffith, Hagan, Hale, Ham,

Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff. Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, ,Johnson of Echols, .Johnson of Screven, ,f o n e s , Kenan, Kennedy, Key. Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills,
~Iixon,
. lHonroe,
J\loro,.,un
)Ioye, McCord, McLane, McGhee, McGarrity. McLendon, McKibben, McMichael, Newton, Nichols,

Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Bussell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawtord, Smith of Glynn. Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, Stewart of Marion, i:ltov!lll, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Vining, Walker of Floyd, Walker of Putnam, watts, Watson, Way, Wei!, West, Whaley_ wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Worsham, Mr. Speaker.

TuEsDAY, JuLY 12, 1887.

69.

Those absent were Messrs.-

Evans, Fagan, Felton of Macon, Glenn,

Humphries of Brooks, Hunt, McUleskey, Perkins,

Rawls, Stevens, Stewart of Rockdale, "Wilson.

Mr. Williams, of Upson, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and upproved.

Mr. Gordon, chairman of the Committee on Finunce, submitted the following report :

Mr. Speaker :
The Committee on Finance have had under consideration th~ following bills, which they instruct 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 provide for the payment of election managers and their clerks for holding elections in this State.
Also, a bill to be entitled an act to provide compensation for managers of election in this State.
Also, a bill to be entitled an act to appropriate one hundred and seventy-five dollars, or so much thereof as may be necessary, for the purpose of supplying the county of Lee with the standard of weights and measures required by law.
Respectfully submitted.
w~r. w. GoRDO:-<, Chairman.

Upon motion of Mr. Kenan, so much of the Governor's message relating to the " Trezevant claim," was referred to the Committee on Finance.
The Speaker announced that the next business in order was the unfinished business of yesterday, to-wit: the con-

70

JouRNAL oF THE HousE.

tinuation of the call of the roll of counties for the introduction of new matter, when the following bill was introduced, read the first time, and referred to the Committee on Military Affairs, to wit:
By Mr. Mathews, of HoustonA bill to be entitled an act to amend an act entitled an
act to provide for the better organization, government and discipline of the volu?teer troops of this State, etc.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. Terrell, of MeriwetherA bill to be entitled an act to consolidate, amend, and
supercede the acts incorporating the town of Greenville, in the county cf Meriwether, to provide for a mayor and councilmen, to define their powers and duties, repeal conflicting laws, and for other purposes.
By Mr. Chappell, of Mu~;cogeeA bill to be entitled an act to authorize and empower
the tmstees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them for church purposes; to direct the disposition of the proceeds, and for other purposes.
The following bills were introduced, read the first time, and referred to the General Judiciary Committee, to-wit:
By Mr. HendersonA bill to be entitled an act to ameud section 3M4 of the
Code of Georgia.
By Mr. Lamar, of RichmondA bill to be entitled an act to prescribe the time within
which tax fi.Ja. may be enforced, and for !ither purposes.
By Mr. Simmons, of SumterA bill to authorize the Judges of the Superior Courts of
this State to grant charters to corporations in vacation.
By Mr. Weil, of FultonA bill to prohibit any person from dealing in futures, or

TuESDAY, JuLY 12, 1887.

71

keep any bouse commonly called Produce Exchange or bucket shops ; to provide for the punishment of the same, ,and for other purposes.
The following bills were introduced, read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. Terrell, of MerriwetherA bill to repeal the general law for incorporation of
railroads by the Governor and Secretary of State.
By Mr. Reid, of Putnam-: A bill to incorporate the Blue Ridge and Atlantic Railroad
Company.
The following bills were introduced, read the first time, and referred to the Committee on Banks, to-wit :
By Mr. Taylor, of RandolphA bill to incorporate the Bank of Cuthbert, to be located
in Cuthhert, Ga., etc.
By Mr. Arnheim, of DoughertyA bill to incorporate the Albany Savings Bank.
By Mr. Gordon, of ChathamA bill to incorporate The Citizens' Bank of Savannah,
etc.
The following bill was introduced, read the first time, and referred to the Committee on Agricnlture, to-wit:
By Mr. Lumsden, of WhiteA bill to amend section 4441 of the Code of 1882.
The following bills were introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:
By Mr Watts, of StewartA bill to prevent the obstruction of the waters of the
Pataula creek and its tributaries, in the counties of Clay, Quitman, Randolph and Stewart, with fish traps, etc.
By Mr. Simmons, of SumterA bill to amend the charter of the Georgia Loan and
Trust Company, and for other purposes.

72

JouRNAL OF THE HousE.

The following bill was introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit:
By Mr. Lamar, of RichmondA bill to provide a penalty for the improper payment of
public moneys in this State.
The following bills were introduced, read the first time, and referrecl to the Committee on Finance, to-wit:
By Mr. Smith, of JeffersonA bill to be entitled an act to exempt from taxation the
Parsonages of this State.
By Mr. Birchmore, of OglethorpeA bill to levy a tax upon the owners of dogs in the State
of Georgia.
By Mr. Russell, of PolkA bill for the relief of D. H. Hubbard, tax collector of
Polk county.
The following bill was introduced, read the first time, and referred to the Committee on Education, to-wit:
By Mr. Hawkins, of NewtonA bill to provide a system of public schools, for the city
of Covington.
The following joint resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Mathews, of Hom:tonA resolution authorizing payment of the last semi-annual
interest on certain bonds of this State.
Upon motion of Mr. Pittman, House bill No. 460 was withdrawn.
Upon motion of Mr. Watts, House bill No. 306 was withdrawn.
Upon motion of Mr. Watts, the petitions from the citizens of the 965th and 966th districts. G. M., Stewart county,

TuEsDAY, JuLY 12, 1887.

73

relating to stock law in said .districts, were referred to Committee on Agriculture.
The Speaker announced that the next business in order was the reading of bills a third time, and putting them upon their passage.
The following bill was read the third time; the reportof the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 108, nays 0, to-wit :
A bill to allow the sale of property taken in trover where neither plaintiff nor defendant replevies in the same manner, as is now permitted in cases of levy under attachment.
Upon motion of Mr. Felton, of Bartow, House bill No. 370 was made the special order for Friday next.
Upon motion, House bill No. 51 was withdrawn. Upon motion of Mr. Schofield, House bill No. 57 was made the special order fot Friday week, July 22.
Upon motion of Mr. Schofield, House bill No. i59 was tabled.
The following bill was read the third time; the report of the committee agreed to; the proper legal proof.<.; were exhibited. and the bill passed by the requisite constitutional majority; yeas 115, nays 0, to-wit:
By Mr. Watts, of StewartA bill to allow land owners of lots Nos. 154, 155, 156,
165 and 166, in the 20th District of Stewart county, to erect gates, etc.
The following bill was read the third time, the report of the committee agreed to, and the bill passed by requisite constitutional majority; yeas, 101; nays, 0; to-wit:
By Mr. Bmy, of FultonA bill to be entitled an act to amend an act establishing
a new charter fot the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to fix the amount of the surplus or sin king fund permanently at one hundred and seventy-five thousand dollars, and to

JouRNAL OF THE HousE.
authorize temporary loans from time to time, not exceeding seventy-five thousand dollars in any one year, and for other purpose:;;.
The following bill was read the third time, the report of the committee agreed to, and the bill passed by substitute, by requisite cop.stitutional majority; yeas, 105; nays, 0; to-wit:
By Mr. HowellA bill to be entitled an act to exempt from jury duty one
hundred and twenty-five members of the Atlanta Artillery of Atlanta.
The following bill was read the third time, and the report of the committee agreed to.
Upon motion of Mr. Harrison, of Quitman, the bill was recommitted to the General Judiciary Committee, to-wit :
A bill to authorize the Ordinaries of the several counties
of this State to issue fl. fas. for their cost, etc.
Upon motion of Mr. Schofield, House bill No. 100 was tabled.
The following bill was read the third time; the report of the committee agreed to; and the bill passed, by substitute, by the requisite <!Onstitutional majority; yeas 88, nays 2, to-wit:
By M:r. Lamar, of RichmondA bill to authorize manufacturing and mining companies
to beeome incorporated as savings banks; to prescribe the manner of such incorporation ; to define the powers and liabilities of sueh companies when so incorporated; to secure by lien, and define the rights of depositors therein; to fix the rate of interest to be paid depositors, and for other purposes.
By Mr. Bray, of FultonThe following bill was read the third time; the report of
the committee agreed to ; the proper legal proofs were exhibiterl, and the hill passed, as amended, by the requisite constitutional majority; yeas 101, nays 0, to-wit :

WEDNESDAY, JuLY 13, 1887.

75

A bill to incorporate the town of East Point, in the county of Fulton, to appoint aldermen for the same, and for other purposes.
Upon motion, House bill No. 391 was recommitted to the Committee on Finance.
Upon motion, House bill No. 325 was withdrawn.
Leave of absence was granted to the following members, to-wit: Messrs. Gardner, Stewart, Hunt, Perkins and Clay.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Wednesday, July 13, 1887.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were MessrR.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster,

Hand, Hart, Harrell of Decrtur, Harrell of vVebster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of ){eriwether, Holland, Holleman,

Norris, Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reilley, Rich, Rountree, Russell of Chatham,

76

JouRNAL OF THE HousE.

Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney. Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Felton of Bartow, Felton of Bibb, Felton of Macon, }'eatherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Green of Clay, Greene of }latlison, Gresham, Griffith. Grindle, Hagan, Hale. Ham,

Howard,

Russell of Clarke,

Howell,

Uu,;sell of Polk.

Hughes,

Schofield,

Hu1f,

Shewmake,

Humphries of Brooks, Simmons,

Humphries of Clinch, Sims,

Hunt,

Smith of Crawford,

Hutchison,

Smith of Glynn,

ller,

8mith of Gwinnett,

.Johnson of DeKalb, Smith of Jefferson,

.Johnson of Echols, Stewart of Mitchell,

Jones,

Stewart of Marion,

Kenan,

8tovall,

Kennedy,

Strickland,

Key,

Tate,

Kimbrough,

Taylor,

Lamar,

Terrell,

Lanier,

Thomas,

Little of Talbot.

Vaughn,

Lumsden,

Veazey,

Madden,

Vickers,

Mathews,

Vining,

Mauney,

Walker of Floyd.

Mills,

~Walker of Putnam,

Mixon,

Watts,

:\Ion roe,

Watron,

Morgan,

Way,

Moye,

Wei!,

McCord,

West,

}fcLane,

Whaley,

McGhee,

~Wheeler,

McGarrity,

Whelchel,

}IcLendon,

Williams of Harris,

McKibben,

Willi5ms of Jackson,

McCleskey,

Williams of Upson,

McMichael,

Wilcox,

Newton,

Worsham,

Nichols,

Mr. Speaker.

Th9se absent were Messrs.-

Evans, Fagan, Gardner, Glenn,

Hill of Wilkes, Johnson of Screven, Reynolds,

Stevens, Stewart of Rockdale, Wilson.

WEDNESDAY, JuLY 13, 1887.

77

Mr. Ham, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read corrected and approved.
Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Mr.Spwker:
The Committee on Railroads have had under consideration the following bill, which I am directed to report back to the House with the recommendation that it do pass, towit:
A bill to be entitled an act to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize consolidation with said company of railroads in Florida; the building of certain branch lines, and for other purposes.
Respectfully submitted. Tnos. J. CHAPPELL, Chairman.
Mr. Tate, Chairman of the Committee on Special Judiciary, submitted tlw following report:
Mr. Speaker:
The Committee on Special Judiciary have had under consideration the following bills of the Honse which the~ instruct me to report back with the recommendation that the same do pass, to wit :
A bill to be entitled an act to repeal section 2 of an act entitled an act to organize a Criminal Court for the county of Decatur and to rtefine its jurisdiction and for other purposes, approved February 23, 1876.
Also, a bill to be entitled an act to amend an act entitled an act to authorize and require the registration of all voters in the county of Cobb, of this State, to provide for penalties for the violation of the same, and for other purposes

78

JouRNAL OF THE HousE.

herein contained, so as to provide for persons to vote who have paid their taxes, and moved into Cobb county from other counties after the tax collector of Cobb county has coll~cted the taxes of Cobb county, and for other purposes.

The Committee have also had under consideration the following 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 3,700 of the Code of 1882, regulating the fees of Constables.

Respectfully submitted,

F. C. TATE, Chairman.

Mr. Jones, chairman of the Committee on Roads and Bridges, submitted the following report:

Mr. Speaker:

The committee on Roads and Bridges have had under consideration the following bill, which they recommend do not pass, to-wit:

A bill to encourage forestry by authorizing the hands on

public roads to plant shade trees on lines of roads.

Respectfully submitted.

P. w. JoNEs, Chairman.

The Speaker announced thai the next order of business was the call of the roll of counties for the introduction of new business, when the following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit :
By Mr. Norris, of WarrenA bill to be entitled an act to amend the charter of the
town of 'Varrenton, etc.
By Mr. McCleskey, of CobbA bill_ to incorporate the Marietta Insurance Company,
and for other purposes.

WEDNESDAY, JULY 13, 1887.

79

The following bill was introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:
By Mr. Hawkins, of NewtonA bill to prohibit the sale of any merchandise, tobacco,
cigarettes, or any article where indecent pictures accompany the same.
By Mr. Little, of MuscogeeA bill to be entitled an act to authorize the wardens and
vestry of Trinity Church, of Columbus, Ga., to sell, and, by proper deeds, to convey to the purchasers, title to certain lands held by them for church purposes, in Columbus, Georgia, and for other purposes.
By Mr. Wei!, of FultonA bill to amend an act establishing a new charter for the
city of Atlanta, approved February 28, 1878, and the acts amendatory thereof, so as to provide for the creation of a lien on the property of the principals and securities of all official bonds of officers of said city from the date of execution of said bonds, and for other purposes.
By Mr. Wilcox, of Ware-
A bill to amend the charter of the town of vVaycross, in
the county of Ware, so as to provide for the registration of voters of said town, etc.
Upon motion of Mr. Lanier, House bill No. 438 was withdrawn.
Upon motion, House bill No. 362 was withdrawn. The following bill was introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit:
By Mr. Henry, of CampbellA bill requiring the Commissioners of Roads and Reve-
nues of the County of Campbell, State of Georgia, to build court houses in each militia district.
By Mr. Lanier, of EarlyA bill to create a county court tor the county of Early.

80

JouRNAL OF THE HorsE.

By Mr. Preston, of JasperA hill to make it unlawful for any person to shoot, snare,
trap, or in any manner kill any buck, doe, or fawn, wild turkey or partridge running at large in the county of Jasper, between the fir;;t day of March and fifteenth day of October, to provide penalties, etc.
By Mr. Wilcox, of WarPA bill to change the dividing line between the counties of
\Vare and Pierce.
By Mr. Hand, of Miller-
A bill to provide for the appointment of a Board of Examiners to exnmine the books, papers and accounts of all county officers.
Upon motim, House bill Ko. 338 was recommitted to Committee on General Judiciary.
The folJowing bills were introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Stewart, of MitchellA bill to make an appmpriation to pay M. D. Weeks, of
the county of Mitchell, and State of Georgia, for an artificial arm, under an act approved December 4, 1866.
By Mr. W eil, of FultonA bill for the relief of Isaac S. Boyd, of the county of
Fulton.
By Mr. Huff, of BibbA bill to be entitled an act to amend an act entitled an act
to levy and collect a tax for the support of the State Government and public in,.titutions, to pay the interest on the public debt, and for educational and other purposes, for the fiscal years 1887 and 1888; and to prescribe what persons, professions and property are liable to taxation, etc., etc., so as to change the manner of taxing sewing machine companies, and for other purposes.
By Mr. Coggins, of BanksA bill to amend an act entitled an act to levy and collect

WEDNESDAY, JuLY 13, 1887.

81

a tax for the support of the State Government and public institutions, to pay interest, and for other purposes, for years 1887 and 1888, etc., by striking the words: "Grown on their own lands," wherever they occur in the sixteenth paragraph of the section of said act.
The following bill was introduced, read the first time, and referred to the Committee on Penitentiary, to-wit:
By Mr. Schofield, of BibbA bill to authorize the appointment of State Warden,
and perfect the police power of the State, over the various convict camps now established in this State, or that may hereafter be established in this State; to definp their powers, duties, etc.
The following bills were introduced, read the first time, and referred to the General Judiciary Committee, to-wit :
By Mr. Harrell, of. DecaturA bill to amend section 4440 of the Code of Georgia.
By Mr. Clay, of CobbA bill to provide for the certiorari of cases in the Jus-
tices Court of this State, when the amount involved is fifty dollars, or less than that sum.
By Mr. Smith, of GlynnA bill to amend paragraph 2, section 2, of article 7 of
the Constitution of Georgia, so as to provide for exemption from taxation of all lands and buildings held and owned by any church organization for parsonage, or home for the pastor, etc.
The following bill was introduced, read the first time, . and referred to the Committee on Railroads, t5-wit :
By Mr. Felton, of BibbA bill to incorporate the Central City Street Railroad
Company.
The following bill was introduced, read the first time, and referred to the Committee on Agriculture, to-wit:
6

82

JouRNAL oF THE HorsE.

By Mr. Dodgen, of MiltonA bill to amend section 1589 of the Code of Georgia.
Upon motion of Mr. Franklin, of Fannin, House bill No. 248 was withdrawn from General Judiciary Committee and recommitted to CommitteP on Special Judiciary.
The following resolutiou was introduced, read the first time, and referred to Committee on Special Judiciary, towit:
By Mr. Buchan, ofDodgeA resolution for the relief of James Mullin, W. P. Burt,
F. B. Stubbs, James M. Sapp. W. A. Morgan, and John A. Bonds.
Mr. Howell, of Fulton, offered the following resolution, which was read and adopted, to-wit :
A resolution commending the National Colored Industrial Exposition to be held in Atlanta.
The Speaker announced that the next business in order was the reading of bills a third time and putting the same on their passage, when the following hill was read the third time; the report of the committee agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 101, nays 0, to-wit :
By Mr. HawkinsA bill to provide for and require the registration of
voters in Newton county, and for other purposes.
Upon motion, House bill No. 137 was made the special order for \Ve<lnesday next, immediately after the reading of the Journal.
The following bill was read the third time; the report of the committee agreed to, and the bill passed as amended by requisite constitutional majority; yeas, 95; nays, 0, to-wit:
By Mr. LamarA bill to authorize juries to recommend the defendant in

WEDNESDAY, JULY 13, 1887.

83

felony cases to mercy, and to prescribe the effect of such recommendation.
House bill No. 131 was taken up for a third reading, and, upon motion of Mr. Berner, the bill was tabled.
Upon motion of Mr. Howell, House bill No. 134 was tabled.
The following bill was read the third time, the report of the committee ~ogreed to, and the bill passed by substitute by the requisite constitutional majority; yeas 95, nays 1, to-wit :
By Mr. HarperA bill to amend section 4371 0f the Code, defining the
crime of seduction, and the punishment of the same. The following bill was read the third time ; the report of
the committee agreed to ; the proper legal proofs were exhibited, and the bill passed by substitute by the requisite constitutional majority ; yeas 95, nays 0, to-wit:
By Mr. Walker, of Putnam-
A bill to amend an act to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren, and to provide a punishment for the violation of the same, approved December 12, 1882, so as to prohibit the sale and furnishing said liquors in the 1fi9th District, G. M., of said county; to provide a penalty, etc., and for other purposes.
The following bill was read the third time, the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas 96, nays 0, to-wit:
By Mr. SimmonsA bill to prevent the sale of opium and its preparations,
to persons habitually addicted to its use.
The following bill was read the third time ; the report of the committee agreed to.
Upon motion of Mr. Felton, of Battow, the bill was tabled, to-wit :

84

JouRNAL OF THE HousE.

Bill No. 157--To change the charter of the University of Georgia, etc.
Upon motion of Mr. Simmons, House bill No. 161 was tabled.
The following bill was read the third time ; the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas, 91, nays, 0, to-wit:
By Mr. SchofieldA bill to provide for the annual revision of the jury
lists in counties wherein whose limits there is an incorporated town of 10,000 or more inhabitants.
The following bill was read the third time ; the report of the committee agreed to, and the bill passed by the requisite constitutional majority; yeas, 89, nays, 0, to-wit:
By Mr. WestA bill to declare the Chattahoochee River to the mouth
of Duke's Creek navigable for certain purposes.
House bill Ko. 199 was read the third time. Pending the consideration of the bill, the hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, July 14, 1887.

The House met pursuant to adjournment ; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messis.-

Ad1w1b of Elbert, Adams of Greene,

Harrell of Webster, Parker, Harrison of Franklin, Peeples,

THURSDAY, JuLY 14, 1887.

85

Arnheim, Ashley, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch. Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Dugg>lll, Durrance, .Felton of Bartow, Felt,.,n of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute. Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison,

Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Hollalld, Holleman, Howard, Howell, Hughes, Huff. Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, ,Job nson of Screven, ,Jones, Kenan, Kennedy, Key, Kimbrough, I ..an1ar, Lanier, Little of Talbot, Lumsden, Madden. Mathews, Mauney, Mills. Mixon, Monroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity,

Perkins, Perry, Pickett, Pittman, Preston, Hay, Rawls, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Bussell of Clarke, Bussell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn. Smith of Gwinnett, ::Smith of .Jefferson, Stevens . Stewart of Mitchell, ::Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate. Taylor, Terrell. Thomas, Vaughn, Veazey, Vickers, Vining, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Weil, West, Whaley, \Vheeler,

86

JOURNAL OF THE HousE.

Gresham, Grindle, Griffith, Hagan, Hale, Ham, Hand, Hart. Harrell pf Decatur.

McLendon, McKibben, McOieskey, McMichael, Newton, Nichols, Norris, Olive, Page,

Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson. Worsham, Mr. Speaker.

Those absent were Messrs.-

Atkinson, Ch1~ of Walton,

_Evans, Faguu,

Gardner,

Mr. Ham, of the Committee on Journals, reported that the JoUJnal of yesterday's proceedings had been examined and found correct.

The .Journal was then read and approved.

By unanimous consent, the following bills were introduced, tead the first time, and appropriately referred, to-wit:
By Mr. Ham, of HallA bill to provide tor the examination of the books of
Tax Collectors by the Comptroller General, through an office appointed for that purpose; to fix his compensation, and for other purposes.
Heferred to Committee on Finance.
By Mr. Harrell, of WebsterA bill to make it penal to prevent or attempt to prevent
any person from engaging or remaining in or pPrforming the duties of any lawful employment.
Refel'l'ed to Committee on General Judiciary.
AJ,.o, a bill to incmporate the Planters Bank of Preston, Georgia.
Referred to the Committee on Banks.
By Mr. Walker, of PutnamA bill to pl'Ovide a home for feeble minded children and
idiots, etc., etc., where they may be employed and trained to develop whatever of mind they may possess.
Referred to Committee on Lunatic Asylum.

THURSDAY, JuLY 14, 1887.

87

By Mr. Stewart, of RockdaleA bill to incorporate the Survivors Association of the
18th Georgia Regiment, etc. Referred to Committee on CorporatioLJs.
By Mr. Crawford, of McintoshA bill to repeal an act entitled an act to provide for the
manner of appointing Commissioners of Mcintosh county, approved February 14, 1887,, and to amend an act entitled an act to create a Board of Commissioners for said county, approved February 26, 11<76, so that said commissioners shall be elected by ballot, and for other purposes.
Referred to Committee on County and County Matters.
By Mr. ClayA bill to be entitled an act to amend an act entitled an
act to incorporate the town of Salt Springs in the county of Douglas, and to provide for a Mayor and Council, etc., approved December 21, 1~86, so as to remove the corporate limits of said town from the entire lands of J. B. Humphries, a citizen of Cobb County, or :so much of the lands of said Humphries as lies in the county of Douglas and the corporate limits of the town of Salt Springs.
Referred to Committee on Special Judiciary.
By Mr. PerryA bill tor the relief of E. W. Coleman. Referred to Committee on Special Judiciary.
By Mr. WatsonA bill for the relief and discharge of D. W. Price, ex-
County Tteasurer of Douglas county, and his securities, and tor other purposes.
Referred to Committee on Special Judiciary.

Mr. Gordon, chairman of the Committee on Finance, submitted the following report:
il'lr. Speaker: The Committee on Finance have ahd under considera-

88

JouRNAL oF THE HousE.

tion the following bill, which thPy instruct me to report back to the House with a recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to make an appropriation to pay Chas S. McCall, of Wilcox county, for an artificial leg, under an act approved Decem her 4, 1866.
They also instruct me to report back to the House the following bill with a recommendation that it do not pass, to-wit:
A bill for the relief of S. H. Hubbard, Tax Collector of Polk county.
Respectfully ~>uhmitted. ~Wl\L \V. GoBDox, Chairman.

Mr. \Valker, of Putnam, chairman of the Committee on Temperance, snbmits the following report:

M1. Speake/' :
The Committee on Temperanee have had under consideration the following bills, which they recommend do pass, to-wit :
A bill entitled an act to amend an act to submit to the qualified voters of the towns of Calhoun and Resaca the question as to whether any spirituous or malt liquors shall he sold, etc.
Also, an act to prohibit the manufaeture or sale ot spirituous or malt liquors within two miles of Trinity Methodist Church in the ':)OUnty of Gwinnett.
Respectfully submitted. N. S. \VALKER, Chairman.

Mr. Terrell, chairman of the Committee on County and County Matters, submitted the following report:

Mr. Speaker:
The Committee on County and County Matters have had under consideration the following hills, which they in-

THURSDAY, JULY 14, 1887.

89

struct me to report back to the House, with the recommendation that they do pass, proofs correct, to-wit:
A bill to prohibit the sale of seed cotton in Butts county from 15th of August till 15th of December.
Also, a bill to create the office of Inspector of Roads for the county of Jasper; to provide for the manner of his appointment, his duties and liabilities, compensation and term of office, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien, and for other purposes.
Also, a bill fixing the fees of the Ordinary of Chatham county, and for other purposes.
Also, a bill to create a Board of Assessors for Chatham county, and for other purposes.
Also, a bill to create a County Court for the county of Early.
Respectfully submitted. J. M. TERRELL, Chairman.

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

Mr. Speaker:
The Committee on the General Judiciary have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that it do pass, as amended, to-wit :
A bill to substitute another section for section 3929 of the Code, as to the oath of Bailiffs.
Also, the following bill, which they recommen<l do pass, by substitute, to-wit :
A bill to amend section 534 of the Code, relative to ped-' dling by maimed soldiers.
Also, the foliowing bills, which they recommend do not pass, to-wit :

JouRNAL oF THE HousE.
A bill to amend section 1955 (a) of the Code of Georgia, in reference to the conditional sale of personal property.
Also, a bill to amend section 3962 of the Code of Georgia, so that the Judges of the Superior Court may grant rules nisi for the foreclosure of mortgages on realty, either in term time or in vacation.
Also, a bill to allow the increase or strengthening of bail bonds in criminal cases after the defendant has removed his or her case to the Supreme Court.
Also, a bill to provide for re-sentencing defendants in criminal cases upon affirmance of the judgment of the Superior Court by the Supreme Court.
Also, a bill to make cock fighting a crime, and betting thereon criminal.
Also, a bill requiring Ordinaries in this State to record the final settlements of administrators, executors, guardians, an<l trustees, to fix their compensation for said services.
Also. a bill to require Judges of the Superior Courts to have published in advance of the opening of the regular terms thereof, the order in which the dockets of said courts in each county of their circuits will be taken up.
Also, a bill to increase the fees of com,tables and bailiffs in criminal eases by giving them the same fees as is now allowld sheriffs.
Also, the following bills, which they instruct me to report back to the Rouse with a recommendation that they do pass, to-wit :
A bill to authori:>:e transferees of tax fl. jal'l. to collect lawful rate of interest on said fi. fas. from date of transfer.
Also, a bill to repeal section 4601 (a) of the Code, which gives jurisdiction enclusively to the Superior Courts to try offenders fot the wrongful saiP of mortgaged property, and the wrongful sale of personal prc,perty under liens.
Respectfully submitted. RoBERT L. BER~ER, Chairman.

THURSDAY, JUJ~Y 14, 1887.

91

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

Mr. Speaker:
The Committee on Special Judiciary have had under consideration the following bills of the House which they instruct me to report back with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to fix the time fot' the adjournment of the Superior and City Courts in the State of Georgia.
The committee have also had under consideration the following bill, which they instruct me to report back with the recommendation that the same be referred to the Committee on Hygiene and Sanitation, to-wit:
A bill to prohibit the sale of tobacco to minors, and for other purposes.
Respectfully submitted. F. C. TATE, Chairman.

The Speaker announced that the hour for the special order had arrived, to-wit: The consi(leration of House bill No. 14.
Upon motion of Mr. Simmons, the bill was taken up, and the same was read the third time.
Pending the consideration of this bill, upon motion of Mr. Howell, it was agreed that when the House adjoums, it adjourn to meet to-motrow morning at 10 o'clock, and adjourn at 1 o'clock p. m.
Upon motion of Mr. Watts, the further consideration of House bill No. 14 was postponed until to-morrow morning at 10 o'clock.
Leave of absence was granted to the following members, to-wit: Messrs. Lanier, Denny, and Terrell of Meriwether.
Upon motion, the House adjourned until to-morrow morning at 10 o'clock.

92

JouRNAL oF THE HousE.

ATLANTA; GEORGIA, Friday, July 15, 1887.
The House met pursuant to adjournment ; called to order by Mr. Clay, Speaker pro tem., and opened with prayer by the ChaplHin.
On motion of Mr. wheeler, the call of the roll was dis~ pensed with.
- Mr. Ham, chairman of tlte Committee on Journals, reported that the Journal of yesterday's proceedings had been examiner! and found correct.
The Journal was then read and approved.

Mr. Reilley, chairman of the Committee on Military Affairs, submitted the following report :

Mr. Speaker:
The Committee on Military Affairs have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to incorporate the First Volunteer Regiment of Georgia, and for other purposes.
Respectfully submitted. PETER REILLEY, Chairman.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Jfr. Speaker:
The Committee on Railroads have had under consideration the following bills, which I am directed to report back to the House with the recommendation that it do pass, as amended, to-wit:
A bill tQ incorporate the Loui:wille, Waynesboro and Alexander Railroad Company, and for other purposes.
Also, a bill to incorporate the Brunswick and Atlanta Railroad Company, and for other purposes.

FRIDAY, JuLY 15, 1887.

93

Also, a bill to ratify the consolidation of the Augusta and Knoxville Railroad Company, and the Port Royal and Augusta Railway Company, and for other purposes.
The committee have also had under consideration the following bill, which I am directed to report back to the House with the recommendation that it do not pass, to-wit:
A bill to amend the charter of originally the Marietta and North Georgia Railroad Company, now by consolidation the Marietta and North Georgia Railway Company; to increase its rights, powers, and privileges, and for other purposes.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

Upon motion of Mr. Felton, of Bartow, House bill No. 370, which was the special order for to-day, was displaced, and the same made the special order for Tuesday next, the 19th instant, immediately after the reading of the Journal.

Upon motion of Mr. Felton, of Bartow, House bill No. 188, which was the special order for Tuesday next, was displaced, and the same made the special order for Tuesday the 26th instant, immediately after the reading of the Journal.

Mr. \Veil, of Fulton, moved to recommit House bill No. 425, which had been adversely reported back to the Committee on Railroads.

Mr. Arnheim, of Dougherty, moved to amen.-1. by directing the bill to be recnmmitted to the Committee on Railroads, with instructions that the same be reported back by substitute or otherwise.

Mr. Wheeler, of Walker, called for the previous question,

which call was rmstained and the main question ordered.

The motion to recommit with instructions was lost.

Upon the motion to recommit, the yeas and nays were

called fot, which call was not sustained:

.

The motion to recommit was lost.

94

JOURNAL OF THE HOUSE.

Mr. West, of Habersham, offered the following resolution, to-wit:

Resolved, That when the House adjourns today, it adjourns to meet Monday morning at 9 o'clock.
Upon the adoption of this resolution the yeas and nays were called for, which call was sustained.

Oh calling the roll, the vote was as follows, to-wit :

Those voting in the affirmative were Messril.-

Adams of Elbert, Adnms of Greent:', Arnheim, Atkinson, Belt, Birch more, Branch, Bray, Brown of Cherokee. Buchan, Calvin. Cameron, Chappell, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, }'elton of Bibb, Felton of ~[aeon, Fentherston, Fortner, Gamble, Gardner, Green of Clay,

Griffith, Hagan, Ham, Harrison of Franklin, Harris of Catoosa, Harris of Columbia, H>lrvey, Hawkins, Henderson, Holleman, Howell, Hughes, Humphries of Brouks, Johnson of Echols, Johnson of Screven, Jones, Key, Kimbrough, Lamar, Little of Talbot, Mathews, :Morgan, Moye, McCord,
~[cLane,
Olive, Page,

Peeples, Perkins, Ray, Rawls, Russell of Polk, Schofield, Shewmake, Smith of Crawford, Smith of Jefferson, l:ltewart of Mitchell, Stewart of Marion, Stovall, Strickland, Veazey, Vickers, Vining, Walker of Floyd, Watson, Wei!, West, Whaley, Whelchel, Williams of Jackson, Williams of Upson. Wilcox, Worsham.

Those voting in the negative were Messrs.-

Brady, Brown of Henry, Brewster, Candler, Clay of Walton, DuBose,

Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holland, Huff,

Norris, Parker, Perry, Pickett, Pittman, Preston,

FRIDAY, JuLY 15, 1887.

Duggan, Felton of Bartow, Foute, Franklin of Fannin, Gibson, Gordon, Glenn, Gresham, Grindle, Hale, Hand, Hart, Harrell of Decatur. Hurrell of Webster, Harris0n of Quitman, Harper,

Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Kenan, Kennedy. Mauney,
~lills,
Monroe, MeGar1ty, McLendon, )fcKibben, McCleskey. :\'Ie1Iichael, Nichols,

Reilley, Rich, Rountree, Russell of Chatham, Simmons, Sirns, Smith of Glynn, Smith of Gwinnett, Tate, Taylor, Thomas, Walker of Putnam, \Vatts, Wheeler, \Villiums of Harris.

Those not voting were Messrs.-

Ashley, Bailey, Berner, Black, Blalock, Clay uf Cobb, Coggim, Durrance, Evans, J!'agan,

Fordham, Franklin of Thomas, Greene of Madison, Howard, Lanier, Lumsden, :\fad den, Mixon, McGhee, Newton,

Reid, Reynolds, Russell of Clarke, Stevens, Stewart of Rockdale, Terrell, Vaughn, Way, Wilson, Mr. Speaker.

Yeas 80. Nays 65. Not voting 30.

So the resolution was adopted. The Speaker announced that the next order of business was the unfinished business of yesterday, to-wit: The further consideration of House bill No. 14. Pending the consideration of this bill, Mr. Smith, of Gwinnett, having the floor, the House, on motion, voted to adjourn. The following members were granted leave of absence, to-wit: Messrs. Stevens, Ham, Lumsden, Durrance, Harris of Catoosa, Cook, Fordham, vValker of Putnam, Fortner, Little of Muscogee, Felton of Macon, Kennedy, Moye, Russell of Polk, Gamble, Rountree, Newton, Ray and Page. The House then adjourned till 9 o'clock a. m., Monday.

96

Joum>AL oF THE HousE.

ATLANTA, GEORGIA,
Monday, J nly 18, 1887.
The House met pursuant to adjournment; called to order by the Speaket, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those pre~;ent were Messrs.-

Adams of Elbert, Adams of G-reene, Arnheim. Ashley, Atkinson, Bailey, Belt, Berner, Birchmore. Bind::, Bin lock, Brady, Branch. Bray, Brown of Henry, Browr. of Cherokee, Brew>'ter, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton. Coggins, Comer, C(>ney. Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Evans, Fagan, Felton of Bartow,

Grindle, Hand. Hart, Harrell of Decrtur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Columbia, Hnwkins, Hayes, Henry, Henderson, Hill of }leri wether, Hill of wilkes. Holland, Holleman, Howard, H .. well, Hughes. Huff, Humphries of Brooks, Humphries of Clinch, Hunt. Hutchison. Johnson of DeKalb, .Johnson of Eehols, .Johnson of Screven, Kenan, Kimbrough, Lamar, !\1 add en, MRthews, Mauney, Mills.

Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Rawls, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Si1ns, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovnll, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Vea7.ey, Vickers, 'rining,

MoNDAY, JuLY 18, 1887.

97

Felton of Bibb, Felton of Macon, Featherston, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith.

)lixon, Monroe, Morgan,
~IcCord,
}fcLane, McGhee, :\IcGarrity, McLendon, McKibben, McCleskey, McMichael, .Nichols, Norris, Olive,

Walker of Putnam, Watts, Watron, Way, Wei!, West, Whaley, 'iN heeler, Whelchel, \Villiams of Harris, WWiams of Upson, Wilcox, Worsham, Mr. Speaker.

Thot:e absent were Messrs.-

Cook, Durrance, Fortner, Fordham, Hagan, Hale. Ham, Harris of Catoosa,

Iler, .Jones, Kennedy, Key, Lanier, Little of Talbot, Lumsden, Moye,

Newton, Page, Ray, Reid, Stevens, Walker of Floyd, Williams of Jackson, Wilson.

Mr. Gibson, of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found correct.

The Journal was then read and approved.

Mr. Howell gave notice that he would at the proper time move to reconsider so much of the action of the House on Friday as relates to recommitting House bill No. 425 to the Committee on Railroads.
Leave of absence was granted to the following members, to-wit: Messrs. Fordham, Walker of Floyd, Hagan, Stovall, Little of Talbot, and Moye.
Mr. Howell, of Fulton, moved to reconsider so much of the action of the House on Friday as relates to the recommittal of House bill No. 425 to the Railroad Committee.
Upon motion of Mr. Watts, the motion to reconsider was laid upon the table.
7

98

JouRNAL OF THE HousE.

Upon motion ot Mr. Simmons, the further consideration of House bill No. 14 was postponed until Thursday next, and the same was made the special order for that day, immediately after the confirmation of the Journal.
By unanimous consent, the following bills were taken up and read the SPcond time, to-wit:
By Mr. Felton, of Bibb-
A bill to amend the charter of the Georgia, Southern and Florida Railroad Company, so as to authorize consolidation with said company of railroads in Florida the building of certain branch lines, and for other purposes.
By Mr. Gardner-
A bill to amend an act entitled an act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Pike, after submitting the same to the qualified voters ot said county; to provide a penalty, and for other purposes, approved September 18, 1883.
By Mr. Monroe, of Calhoun-
A bill to incorporate the town of Williamsburg, in the county ot Calhoun, and for other purposes.
Mr. Franklin, of Thomas, offered the following resolution, which was read, and the same referred to the Committee on Finance, to-wit:
A resolution appointing a committee to confer with the lessees of the "\Vestern and Atlantic Railroad, with a view to ascertain, it possible, from said lessees what plan and terms they have to offer in settlement of claim for betterments, etc.
House bills Nos. :391 and 447 were withdrawn.
Mr. Harrell, of Decatur, offered the following resolution, which wa!:l read and adopted, to-wit:
Resolved, That the Senate is hereby respectfully requested to return House bill No. 113 to the House for tlte pur-

MoNDAY, JuLY 18, 1887.

99

pose of granting permission to the introducer of said bill to withdraw the same.

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

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back to the House with the recommendation that it do pass, to-wit :
A bill to amend an act amending the charter of the town of Salt Springs, in Douglas county, so as to remove the corporate limits of said town from the lands of J. B. Humphries.
AlsrJ, a bill to provide for the tegistration of the qualified voters of Berrien county.
Ref.lpectfully submitted. F. C. TATE, Chairman.
. Mr. Terrell, chairman of the Committee on County and County Matters, submitted the following report:
Mr. Speaker:
The Committee on County and County Matters have had under consideration the following bill, which they recommend do pass, proof.'3 being correct, to-wit :
A bill to fix the compensation of grand and petit jurors in the county of Campbell.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Calvin, chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
The Committee on Education have had under consideration the following bill, which I am instructed as their

100

JouRNAL OF THE HousE.

chairman, tc report back to the House, with the recom mendation that the same do pass, to-wit :
A bill to be entitleq an act to provide a system of public schools for the city of Covington.
Also, the following bill which they report back with the recommendation that the same do pass by substitute, to-wit:
A bill to authorize the town of Cedartown, Polk county, Georgia, to establish and maintain a system of public schools, and for other purposes.
Respectfully submitted. MARTIN V. CALVIN, Chairman.
By unanimous consent, the following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit :
By Mr. Terrell-
A bill to incorporate the town of Woodbury, Meriwether county, Ga. ; to provide for a town council, and prescribe their duties, and for other purposes.
By Mr. Howell-
A bill to extend the corporate limits of the city of Atlanta over Piedmont Park for police purposes.
By unanimous consent the following bill was introduced, read the first time, and referred to the Committee 0n Railroads, to-wit:
By Mr. Howell-
A bill to incorporate the Georgia Terminal Railroad Company, and for other purposes.
The following bill was introduced by unanimous consent, read the first time, and referred to Committee on Finance, to-wit:
By Mr. Lamar-
A bill to amend section 9 of the general tax act for 1887 and 1888.

TUESDAY, JULY 19, 1887.

101

The following bill, introduced by unanimous consent, was read the first time and referred to the General Judiciary Committee, to-wit:
By Mr. Watts-
A bill to alter and amend section 4625 of the Code of 1882.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit :
By Mr. Featherston-
A bill to amend an act to incorporate the Rome and Carrollton Railroad Company, approved August 20, 1881, so as to change the name of said corporation from the Rome and Carrollton Railroad Company to the Chattanooga, Rome and Columbus Railroad Company.
By unanimous consent the following bills were introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:
By Mr. Felton, of Macon-
A bill to create office of Solicitor County Court, of Macon county, Ga.
By Mr. Morgan-
A bill to define what is posting lands, when required by any general or local law of this State.
The hour of adjournment having arrived, the Speaker declared the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuebday, July 19, 1887.
The House met pursuant to adjournment ; called to

102

JouRNAL OF THE HousE.

order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston,

Hand, Hart, Harrell of Decatur, Harrell of W et>ster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins. Hayes, Henry, Henderson. Hill of l\Ieri wether, Hill of Wilkes, Holland, Holleman, Howard, Hvwell, Hughes, Huff, Humphries of B:-ooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy, Key, Kimbrough, Lamar, Little of Talbot, l\Iaddeil, Mathews, Mauney,

Olive. Parker, Peeples, Perkins. Perry, Pickett, Pittman, Preston. Rawls, Reid, Rcillev, Reynolds, Rich. Rountree, Ru:>sell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of l\Iitchell, Stewart of Rockdale, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers. Vining, Walker of Floyd,

THuRSDAY, JuLY 19, 1887.

103

Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham,

Mills, Mixon, Monroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton, Nichols, Norris.

Those absent were Messrs.-

Walker ot Putnam, Watts, Watson, Way, Wei!, "\Vest, Whaley, wheeler, Whelchel, williams of Harris, williams of Jackson, Williamr of Upson, vVilcox, Worsham, Mr. Speahr.

Coggins, Cook, Fortner, Fordham,

Johnson of DeKalb, Lanier, Lumsden, Page,

Ray, Stewart of Marion, Wilson.

Mr. Ham, chairman of the Committe-~ on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

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

Mr. Speaker:
The Committee on Finance have had under consideration the following bill, which thPy instruct me to report back to the House with a recommendation that it do pass, to-wit:
A resolution authorizing the sub-committee appointed from the Penitentiary Committee, under resolution of the Houst>, to employ a stenographer and sergeant-at-arms, the State to be at no greater expense than two hundred and fifty dollars for services rendered, and said sub-committee

104

JouRNAL oF THE HousE.

being further authorized to subprena witnesses and take testimony under oath.
The Finance Committee have also had under consideration the following resolution and bill, which they instruct me to report back to the House, with the recommendation that they do pass, as amended, to-wit:
A resolution authorizing and instructing the Governor to draw his warrant on the Treasurer for one hundred and twenty dollars in favor of William Haralson, Sergeant-atArms, of the sub-committeee appointed to investigate charges against Judge Fain, etc., as compensation for his services as sergeant-at-arms of that committee ; also authorizing the Governor to draw his warrant on the Trea>mrer for fourhundred and fifty dollars in favor of G. Y. Tignor, stenographer, as compensation for his servives as stenographic reporter of said sub-committee.
Also, a bill to be entitled an act to amend an act
approved September 22, 1881, extending the benefits of the act September 20, 1879 (to supply ex-confederate soldiers who lost a limb or limbs during the war, artificial limbs, etc.), to non-resident soldiers who returned and became bone~ fide citizens after September, 1879.
I am also instructed to return to the House the following bills, with the "recommendation that they do not pass, to-wit:
A bill for the relief of James A. Green.
Also, a bill for the reliet of W. B. Allen, James M. Smith, F. M. Gober, T. C. McCrary, M. P. McCrary, George \V. McDuffey, George Allen, Chas. S. Jones, Wil-
liam Hudson, James C. Bone, D. V. Stevens, R. A. Saye
and William Rice.
I am also instructed to return to the House the following resolution, with the recommendation that the introducer be allowed to withdraw, to-wit:
A resolution authorizing and instructing the Governor to draw his warrant on the Treasurer for one hundred and

TTTESDAY, JULY 19, 1887.

105

twenty dollars in favor of William Haralsrm, sergeant-atarms of the sub-committee appointed to investigate charges against Messrs. Rankin, Fain, etc., as compensation for his services as sergeant-at-arms of that committee ; also, authorizing:the Governor to draw his warrant on the Treasurer for four hundred and fifty dollars in favor of G. Y. Tignor, stenographer, as compensation for his services as stenographic reporter of said sub-committee.
Respectfully submitted. WM. W. GoRDON, Chairman.

The Speaker announced that the hour for the special order had arrived, to-wit : the consideration of House bill No. 370, to levy and collect a tax of $10,000 on wine rooms, etc.
Upon motion of Mr. Felton, of Bartow, the special order was taken up.
The bill was then read the third time ; the amendments thereto, which had been aaopted, were read for informaton.
Mr. Russell, of Clarke, proposed the following amendment, to-wit :
Amend section 1 by adding to said section, after the word "resides," in the seventh line of the printed bill, the words, "and provided further that none of the provisions of this act shall become effective in any county of the State until the same has been voted upon by the legal voters, and adopted or rejected in the same manner in all respects as is prescribed by the general local option liquor law. Approved September 18, 1885, etc."
Upon this amendment, the previous question was called, which call was sustained, and the main question ordered.
Upon the adoption of the amendment, the yeas and nays were called for, which call was sustained.

106

JouRNAL OF THE HousE.

Upon the call of the roll the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adtuns of Elbert, Arnheim Atkinson, Bailey, Birch more. Bray, Chappell, Coney, Crawford, Denney, DuBose, Felton of Bibb, Featherston, Franklin of Fannin, Gardner, Gordon, Green of Clay. Greene of Madison, Gresham, Grindle, Hagan, Hale, Harrell of Decatur, Henry, Hill of Meriwether,

Hill of Wilkes,

Russell of Chatham,

Holland,

Russell of Clarke,

Holleman,

Schofield,

Howard,

Simmons,

Howell,

Sims,

Huff,

8mith of Crawford,

Humphries of Brooks, Smith of Gwinnett,

Johnson of Echols, 8tevens,

Jones,

Stewart of Mitchell,

Kenan,

Stewart of Rockdale,

Key,

8trickland,

Lamar,

Tate,

Madden,

Terrell,

Mauney,

Thomas,

Monroe,

Viekers,

.\IcCord,

Vining,

.\lc Lendon,

Watson;

Newton,

Way,

Nichols,

Wei!,

Perry,

Whaley,

Pittman,

Whelchel,

Rawls,

Williams of Jackson,

Reilley,

\Villiams of Upson,

Rich,

Wilcox.

Those voting in the negative were Messrs.-

Adams of Greene, Ashley, Belt, Berner, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee,
Brew~ter,
Buchan, Calvin, Cameron, Candler,

Glenn, Griffith, Ham, Hand, Hart, Harrell of Webster, Harrison of Franklin, Harris ot Columbia, Harvey, Hawkins, Hayes, Henderson, Hughes, Hun.phries of Clinch, Hunt,

McGarrity, McKibben, }lcCleskey, McMichael, Norris, Olive, Parker, Peeples, Perkins, Pickett, Preston, Reid, Russell of Polk, Shewmake, Smith of Jefferson,

WEDNESDAY, JuLY 20, 1887.

107

Clay of Cobb, Darden, Dodgen, Duggan, Evans, Fagan, Felton of Bartow, Felton of Macon, Fo1ute, Franklin of Thomas, Gibson.

Hutchison, John"on of DeKalb, Johnsor. of Screven, Kimbrough, Little of Talbot, Mathews, Mills, Mixon. Morgan, McLane, McGhee,

~tovall,
Taylor. Vaughn, Veazey, Walker of Floyd, Walker of Putnam, Watts, West, Wheeler, Williams of Harris, Worsham.

Those not voting were Messrs.-

Clay of Walton, Coggins, Comer, Cook, Durrance, Fordham, Fortner, Gamble,

Harrison of Quitman, Harper. Harris of Catoosa, Iler, Kennedy, Lanier, Lumsden, Moye,

Page, Ray, Reynolds, Rountree, Smith of Glynn, Stewart of Marion, Wilson, )fr. Speaker.

Yeas 73. Nays 78. Not voting 24.

So the amendment was not adopted.

Leave of absence was granted to the following members, tl)-wit: Messrs. Lumsden, Lanier, Stewart of Marion, Johnson of DeKalb, Williams of Harris, Page and Coggins.

Pending the consideration of the bill, the hour of adjournment having arrived, the House adjourned until tomorrow morning at 9 o'clock.

ArLANTA, GEORGIA,
Wednesday, July 20, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the ChapIain.

108

JOURNAL OF THE HoUSE.

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

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Ca:ndler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Cook, Crawford, Darden. Denney. Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Feltrm of Bibb, Felton of Macon, Featherston, Fortner, Fordham,

Ham,

Norris,

Hand,

Olive,

Hart,

Parker,

Harrell of Decatur. Peeples,

Harrell of Webster, Perkins,

Harrison of Franklin, Perry,

Harrison of Quitman, Pickett,

Harper,

Pittman,

Harvey,

Preston,

Harris of Catoosa,

Ray,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Henderson,

Rich,

Hill of Meriwether, Rountree,

Hill of Wilkes,

Russell of Chatham,

Holland,

Russell of Clarke,

Holleman,

Bussell of Polk,

Howard,

Schofield,

Howell,

Shewmake,

Hughes,

Simmons,

Huff,

Sims,

Humphries of Brooks, Smith of Crawtord,

Humphries of Clinch, Smith of Glynn.

Hunt,

Smith of Gwinnett,

Hutchison,

Smith of Jefferson,

Iler,

Stevens.

Johnson of DeKalb, Stewart of Mitchell,

Johnson of Echols, Stewart of Rockdale,

Johnson of Screven, Stewart of Marion,

Jones,

Stovall,

Kenan,

Strickland,

Kennedy,

Tute.

Key,

Taylor,

Kimbrough,

Terrell,

Lamnr,

Tho111as,

Lanier,

Vaughn,

Little of Talbot,

Veazey,

1\Iadden.

Vickers,

Mathews,

Vining,

Maunpy,

Walker of Floyd,

WEDNESDAY, JULY 20, 1887.

109

Foute. Franklin of Fannin, Frank~in of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Griffith, Hagan, Hale,

Mills. Mixon, Monroe, Morgan, Moye, McCord, :McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton, Nichols,

Those absent were Messrs.-

Coggins, Lumsden,

Page,

Walker of Putnam, Watts, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.
Williams of Harris.

Mr. Preston, of the Committee on Journals, reported that the Jomnal of yesterday's proceedings had been examined and found correct.

The .Tournai was then read and approved.

An application from the G. U. 0. of 0. F. of America to the General Assembly asking permission to use the hall of the House of Representatives for the purpose of holding an annual ovation on Monday, August 15th, was read and referred to the Committee on Halls and Rooms.

A communication from Mr. Harry Camp, relating to betterments of the Western and Atlantic Railroad, was read and referred to the Finance Committee.

Upon motion of Mr. Brown, of Cherokee, the special order for to-day, which wat> the consideration of House bill No. 137, was displaced, and the same was made the special order for Thursday, the 26th instant, immediately after the reading of the .Journal.

Mr. Black, of Gordon, offered the following resolution, which was read, and, upon motion of Mr. Duggan, was tabled, to-wit :

no

JouRNAL oF THE HousE.

A resolution relating to the investigation of Messrs. J. C. Fl\in and W. R. Rankin, sequesting the committee to make a full and complete report at the Parliest day practicable, etc.
The following message was rPceived from the Senate, through Mr. W. A. Harris, Secretary thereof:

Mr. Speaker:
The Senate has passed the following Senate bill, to-wit:
A bill to prevent the running at large of stock on Cumberland Island in the county of Camden, and for other purposes, by a requisite constitutional majority, yeas 24, nays 0.
The Senate has agreed to the following Senate resolution and asks the concurrence of the House therein, to-wit:
A resolution providing for the appointment of a Joint Committe~, consisting of one /rom the Senate and two from the House, to visit Milledgeville and take into consideration the advisability of selling tpe old penitentiary lot, etc.
The Senate has passed the following bill of the House, to-wit:
A bill to be entitled an act for the protection of cemeteries and burying places in this State, and to prevent and punish the unauthorized use and traffic in dead human bodie8, and for the promotion of medical science, etc.
Passed by the req uis~te constitutional majority, yeas 23, nays 1.
The Senate also herewith rdurns to the House, as requested, House bill No. 113, to-wit:
A bill to repeal an act to organize a Criminal Court in the county of Decatur, etc.
The Senate has also concurred in the following resolution of the House, to-wit:
A resolution commending the National Colored Indusrial Exposition.

WEDNESDAY, JULY 20, 1887.

111

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

Mr. Speakm:
The Committee on General Judiciary have had under consideration the following bills, which they instruct me to report back to the House with the recommendation that they do pass by substitute, to-wit :
A hill to amend section 534 of the Code relative to peddling by .maimed soldiers.
Also, a bill to prevent foreign corporations doing busin~ss in this State from continuing such business after a removal of suit began against them in the courts of this State to a United States Court. . Respectfully submitted.
RoBT. L. BER~ER, Chairman.
Mr. Tate, chairman of the Committee on Special Judiciary, s'uhmitted thP following report:
Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act, approved September 4, li:i85, entitled an act to grant certain exemptions to the Southern Cadets, a volunteer miliary company in the county of Bibb.
Also, a bill to be entitled an act to authorize the wardens and vestry of Trinity Church, of Columbus, Georgia, to sell and by proper deeds to convey to the purchasers, title to certain lands held by them for church purposes in Columbus, Georgia, and for other purposes.
Also, a bill to be entitled an act to authorize the congregation Benay Israel, of Columbus, Georgia, to sell and by

112

JouRNAL OF THE HousE.

proper deeds, to convey to the purchasers title to certain lands held by them for church purposes, in Columbus, Georgia, and for other purposes.
The committee have also had under consideration the following bill which they instruct me to report back with the recommendation that the same do pass by substitute, to-wit:
A bill to be entitled an act to declare all notes or obligations tor the payment of money which contains an agreement to pay ten per cent. attorney's fees for collection of the same in addition to the rate of interest specified therein, void and of no effect.
The committee have also had under consideration the following bill which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit :
A bill to be entitled an act to prohibit the collection of attorney's fees from debtors in certain cases, and tor other purposes.
The committee have also had under consideration the following bill which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to he entitled an act to provide for paying State's witnesses in criminal cases, and for other purposes.
The committee have also had under consideration the following bill, which they instruct me to report back, with the recommendation that the same be referred to the Committee on General Judiciary, to-wit.
A bill to be entitled an act to amend article 3, section 7, paragraph 7 of the Constitution of 1877.
Respectfully submitted. F. C. TATE, Chairman.

Mr. Terrell, chairman of the Committee on County and (;ounty Matters, submitted the following report :

WEDNESDAY, JuLY 20, 188i.

113

Mr. Speaket :

The Committee on County and County Matters have

had under consideration the following bills, which they in-

struct me to report back to the House, with the recom-

mendation that. the same do pass, ~1rooJs of the local bills

being correct, to-wit :



A bill to provide a penalty for the improper payment of public moneys in this State.
Also, a bill to be entitled an act to make it unlawful for any person to shoot, snare, trap, or in any manner kill any buck, doe or fawt., wild turkey or partridge running at large in the county of Jasper, between the first day of March and the fifteenth day of October of each year, and to provide a penalty for the same.
Also, a bill to be entitled an act requiring the Commissioners of Roads and Revenues, of the county of Campbell, State of Georgia, to build court houses in each militia di">trict.

They have also had under eonsideration the following bill, which they recommend do not pass, to-wit:

A bill to be entitled an act to change the dividing line between the countie;; of \Vare and Pierce.

Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report:

Mr. Speaket :
The Committee on Agriculture have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to amend section 1589 of the Code by adding thereto the following words, "except farmers selling the products of their farms."
Also, they recommend that the following bills, Nos. 256 and 452, be consolidated and passed by substitute, to-wit:
8

114

JouRNAL OF THE HousE.

A bill to be entitled an act to require the owners of horses, mules, cows, hogs, sheep, goats and cattle and stock of all kinds to prevent the same from running at large upon the lands of another whether enclosed or unenclosed in the 796th, 96fith and 966th Districts, G. M., of Stewart county.
Respectfully submitted.
,V. H. FELTO::", Chairman.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

]fr. Speaker :
The Committee on Railroads have had under consideration the following bills, which I am directed 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 Thomasville, Florida and Western Railway Company.
Also, a bill to be entitled an act to incorporate the Eastman and Americus Air-Line Railroad Company.
Also, a bill to be entitled an act to amend an act to incorporate the West End and A.tlanta Street Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

The Speaker announced that the next business in order was the further consideration of House bill No. 370.
Mr. Howell, of Fulton, offered the following amendment, to-wit: Amend by adding at end of first section, "And provided further, that the provisions of this act shall not apply to any county in which prohibition now prevails, until after such county has again voted 'for or against the sale,' as provided for in the local option act adopted by the last General Assembly."
Upon this amendment the previous question was called, which call was sustained, and the main question ordered.

WEDNESDAY, JULY 20, 1887.

115

Upon motion of Mr. Fonte, the yeas and nays were called for, which call was sustained.

On calling the roll, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Atkinson, Birchmore, Bray, Chappell, Coggins, Coney, Crawford, Denney, DuBose, Felton of Bibb, Featherston, Fortner, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Greene of Madison. Gresham, Grindle, Hagan, Hale,

Harrell of Decatur, Perry,

Henry,

Rawls,

Hill of Wilkes,

Reilley,

Holland,

Rich,

Holleman,

Rountree,

Howard,

Russell of Clarke,

Howell,

t'lchofield,

Huff',

Sin1n1on~.

Humphries of Brooks, Sitns,

Iler,

Smith of Glynn,

.Johnson of Echols, Smith of Gwinnett,

Jones,

Stewart of Mitchell,

Kenan,

Stewart of Rockdale.

Key,

Strickland,

Lamar,

Tate,

Lanier,

Thomas,

)lad den,

Watsou,

Mauney,

Way,

}Ion roe,

Wei I,

McCord,

Whelchel,

McLendon, Newton, Nichols,

Williams of Jackson, .Williams of Upsou, Wilcox.

Those voting in the negative were Messrs.-

Adams of Greene, Ashley, Bailey, Belt, Berner, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron,

Hand,

Norris,

Hart,

Olive,

Harrell of W ebstcr, Page,

Harrison of Franklin. Parker,

Harrison of Quitman, Peeples,

Harper,

Perkins,

Harris of Columbia, Pickett,

Harvey,

Pittman,

Hawkins,

Preston,

Hayes,

Reid,

Henderson,

Russell of Polk,

Hill of Meriwether, Shewmake,

Hughes,

Smith of Crawford,

Humphries of Clinch, Smith of .Jefferson,

Hunt,

Stevens,

116

JouRNAL oF THE HousE.

Candler, Cl~t.v of Cobb, Clay of Wfllton. Comer, Darden, Dodgen, Duggan,
Evnns~
l1'agan, Felton of Barto\\, F'elton of :\lRcon, Fout", Glenn, Gre<'ll of Clay, Griffith, Ha111,

Hutchison, Johnson of DeKalb, Johnson of Screven. Kimbrough, Little of Tal bot. Mathews.
Mill~,
Mixon, .Moye, McLane. :\IeGhe<.', McG,nrity, McKibben, :\lcCleskey. :\Ic:\lichacl,

Stewart of }!arion, :Stovall, Taylor, Terrell, Yaughn. Veazey, Vickers, Walker of Floyd, \Yalker of Putnam, \Vatts, vYest, Whnley. \Vheelcr.
Wil~on,
\Vorsham.

Those not voting weL"e Messrs.-

Cook, Durrance, FPrdharn,
Gib~(1n,
( iordon,

Hnrris of Ontoosa, Kennedy. LuJitsden, :\!organ, Hay,

Reynolds, Hussell of Chatham,
' 1ining, williams of Harr-is, Mr. Speaker.

Yeas 69. Nays 91. Not voting Hi.

So the amendment was not adopted.

:\1r. 'Vest, of Habersham, offered the following amendllll'nt, which was adopted, to-wit:

Anll'nd by adding the following, to be known as section 2, to-wit:

That said tax shall be collected as now prescribed by law for collecting the liquor tax ii1 this State.

Mr. West proposed to amend by adding the following, to be known as section :~, which was adopted, to-wit:

That any person, or persons, who shall, after the passage of this act, deal in domestic wines and other intoxicants, to the exclusion of fereign wines, acoholic and malt liquors, and shall fail or refuse to pay the tax imposed in this act, shall be deemed guilty of a misdemeanor, and on conviction theteof, shall be punished as prescribed in section 4310 ot the Code of 1882.

WEDNESDAY, JULY 20, 1887.

117

Mr. West offered the following amendment, which was adopted, to-wit:
Amend caption of the bill by adding the following words in the second line of the caption after the word liquors, towit : "To prescribe a penalty for violation of this act."
The following amendment, adopted as a proviso to section 2, to-wit: "Nevertheless the Tax Collector shall proceed to collect the saiJ tax as in other cases of defaulting tax payers."
The amendment proposed by Mr. Howell to amend section fitst was not agreed to.
Mr. Glenn, of Whitfield, offered the following amendment, which was adopted, to-wit: Amend 1st section, fifth line, by inserting after words " dealers in " the words " or produeers of."
Upon motion of Mr. Glenn, the morning session was extended until the consideration of the pending bill was completed.
The bill as amended was then read, and the report of the committee was agreed to.
Upon the passage of this bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Ashley, Atkinson, Belt, Bern<>r, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee,

Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Columbia, Harvey, Hawkins, Hayes,

Norris, Olive, Puge, Parker, Peeples, Perkins, Pickett, Pittman, Preston, Reid, Rountree,

118

.JouRNAL oF THE HousE.

Brewster, Buchan, Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Darden, Dodgen, Evans, Felton of Bartow, Felton of Macon, Foute, Franklin of Thomas, Gibson, Glenn, Green of Clay, Griffith, Ham,

Henderson, Hill of Meriwether, Hughes, Humphries of Clinch, Hutchison, Johnson Of DeKalb, Johnson of Screven. Kimbrough, Little of Talbot, Mathews, Mills. Mixon, Morgan, MoVf, ;vrcLane, McGhee, McGarrity, McKibben, McCleskey, McMichael,

Russell of Polk, Shewmake, Smith of Jefferson. Stevens, Stewart of Rockdale, Stewart of Marion, Stovall, Taylor, Terrell, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, West, Whaley, Wheeler. Wilson, Worsham.

Those voting in the negative were Messrs.-

Adams of Elbert. Arnheim, Bailey, Bray, Calvin. Chappell. Coney, Crawford, Denney, DuBose, Duggan, Fagan, Felton of Bibb, Featherston, Fortner, Franklin of Fannin. Gamble, Gardner, Gordon, Greene of Madison, Gresham, Grindle, Hngan,

Hale, Henry, Holland, Holleman, Howard, Howell, Hufr, Humphries of Brooks, Hunt, Iler, .Johnson of Echols, .Jones, Kenan. Key, Lamar. Lanier, Madden, Mauney, :\fonroe, McCord, )fcLendon, Newton,
~i<>hols,

Perry. Rawls, Reilley, Reynolds, Rich, Russell of Clarke, Schofield, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stewart of Mitchell, Strickland, Tate, Thomas, Vaughn, Way, Wei I. Whelchel, Williams of Jackson, Williams of Upson, Wilcox.

THURSDAY, JULY 21, 1887.

119

Those not voting were Messrs.-

Birch more, (Jook, Durrance, Fordham, Harris of Catoosa,

Hill of Wilkes, Kennedy,. Lumsden, Ray,

Russell of Chatham, Vining, Williams of Harris, Mr. Speaker.

Yeas, 93. Nays, 69. Not voting, 13.

Having received the requisite constitutional majority, the bill passed as amended, to-wit :
A bill to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, and other intoxicants, who deal therein to the exclusion of foreign wines, alcoholic and malt liquors, and for other purpose!".
Upon motion of Mr. Foute, the bill was ordered to be immediately transmitted to the Senate.

Leave of absence was granted to Messrs. Harris and Vining.

Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday July 21, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey,

Hale, Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster,

Nic.:bols, Norris. Olive, Page, Parker, Peeples,

120

.JouRNAL OF THE HousE.

Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster. Buchan, Calvin, Cameron, Candler, Chnppell. Clny of Cobb, Clay of W>tlton. Coggins, Corner, Coney, Cook. Cmwford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance. Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Foute, Franklin of Funnin. Franklin of Thoma. Gamble, Gardner, Gibson, Gordon, Glenn, Green of Cluy, Greene of l\!ndison, Gresham,

Harrison of Franklin, Harrison of Quitman. Harper, Harris of Colnmhin, Haney, Hawkins. Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huft; Humphries of ll~ooks, Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalb. ,) ohnson of Eehols, .Johnson of Screven, ,Jones, Kenan, Kennedy. Key, Kimbrough, Lamar, Lanier. Little of Talbot. Mudd en. Mathews, }Iauney, Mills, Mixon, Monroe, )iorg-an, Moye, MeCord, McLane, ,\JcGhee. }!eGarrity, McLendon, McKibben,

Perkins, Perry, Pittman, Preston, Rawls. Reid, Reillev, Reynolds, Rich. Rountree, Russell of Chatham, Bussell or Clarke, Hussell of Polk, Schofield, Shewmake,
S1m1nons, Shns,
Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of .Jefferson,
~tevens,
Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland. Tate, Taylo1, Thomas, Vaughn, Veazey, Vickers, Vining, Wotlker of Floyd, Walker o! Putnam, Wottts. Watson, Way, Wei!, West, \\'haley, Wheeler, Whelchel, Williams of Jackson, W1lliams of Upson, 'Vilcox,

THURSDAY, JuLY 21, 1887.

121

Griffith, Grindle, Hagan,

)lcCleskey, .McMichael, Newton,

Those absent were Messrs.-

Fordham, Harris of Catoosa, Lumsden,

Piekett, Ray,

Wilson, Worsham, Mr. Speaku.
Williams of Harris. Terrell.

Mr. Ham, chairman of the Committee on Journals, reported that the ,Journal of yesterday's proceedings had been examined and found correet.

The Journal wa!:l then read and upproved.
Mr. Duggan, chairman of Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment report, as dnly enrolled and ready for the signature of the Speaker of the Honse of Representatives, the following act, to-wit:
An act for the protection of cemeteries and burying places in this State, and to prevent and punish the unauthorized use of, and traffic in dead human bodies and for the promotion of medical science by the distribution and nse of unclaimed dead human bodies for scientific purposes, through a board created f()r that purpose, and for other purposes.
Also, the following joint resolution, to-wit:
A resolution commending the National Colored Industrial Exposition to be held in AtlaHta, in 1888.
Respectfully submitted. Jyy W. DFGGAK, Chairman.
Mr. Perry, chairman pro tern. of the Committee on Special Judhiary, submitted the following report:

M1. Speaker : The Committee on Special Judiciary have had under

122

JouRNAL oF THE HousE.

consideration the following bills, which they instruct me to report back with the recommendation that the same do pass, to-wit :

A bill to be entitled an act for the relief and discharge of D. W. Price, ex-County Treasuret of Douglass county, and his securities, and for other purposes.

Also, a :30, section

bill 1,

otfoanbeacetntaitplep'rdovaend

act to amend paragraph March 2, 1874, entitled

an act to organize a County Court in each of the counties

of Calhoun, Baker, Quitman and Miller; to define their

jurisdiction, and for other purposes.

Respectfully submitted,

JoHN P. PERRY, Chairman pro tem.

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

Mr. Speake1' :
The Senate has passed the following bill of the House, to-wit:
A bill to be entitled an act to amend the charter of the city of Atlanta, etc., by the requisite constitutional majority, yeas 27, nays 0.
Mr. Duggan, chairman of the Committee 011 Enrollment, makes the following report :

Mr. Speaker:
The Committee 011 Enrollment repotts as duly enrolled and ready for the signature of the Speaker of the House of Representatives the following act, to-wit:
An act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to fix the amount of the surplm; or sinking fund permanently at one hundred and seventy-five thousand dollars, and for other purposes.
.Respectfully submitted. IvY W. DuuGAN, Chairman.

THURSDAY, JULY 21, 1887.

123

Upon motion of Mr. Ham, House bill No. 432 was recommitted to the Committee on Hygiene and Sanitation.

Leave of absence was granted to the following members, to-wit: Messrs. Grindle, Olive, Preston, Ashley, Brewster, Pickett, Belt, Terrell, Henderson, McMichael and Green.

The Speaker announced that the next order of business was the further consideration of House bill No. 14, which is the special order for to-day.

Upon motion of Mr. Simmons the special order was taken up.

The amendment to section 1, proposed by Mr. Glenn,

was read for information.

,

Mr. Wheeler, of Walker, called for the previous question, and the call was sustained, and the main question ordered.
The bill was read the third time.
The report of the committee was agreed to.
Upon the passage of the bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Belt, Birch more. Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Cameron,

Hand,

McMichael,

Harrison of Futn klin, Newton,

Harper,

Nichols,

Harvey,

Norris,

Hayes,

Page,

Henry,

Peeples.

Henderson.

Perkins,

Hill of Meriwether. Perry,

Hill of Wilke;;,

Rawls,

Holland,

Reynolds,

H0lleman.

Roundtree,

Howard,

Russell of Clarke,

Hughes,

Schofield,

Huff,

Simmons,

Humphries of Brooks, Smith of Crawford.

124

JouRNAL OF THE HousE.

Clay of Cobb, Coggins, Comer, Coney, Cook, Crawford, Dodgen, Durranee, Fagan, Fortner, Franklin of Fannin, Gardner, Gibson, Glenn, Green of Madison, Gresham, Griffith, Hagan, Ham,

Hunt, Hutchison, Iler, Johnson of DeKalh, ,Johnson of Eehols, ,Johnson of Screven, Kenan, Kennedy, Key,
~lanney.
.\I ills, .\lixon, Monroe, Moye, McLane, McGhee, McGarity, "'IcKihben, McCleskey,

Smith of Gwinnett, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strick land, Tate, Taylor, Thomas, Vaughn, Vickers. V.' atts, Watson, West. Wheeler, Whelchel, Williams of Jackson, 'Vilcox.

Those voting m the negative were Messrs.-

Arnheim, Atkinson, Railey, Berner, Calvin, Chappell. Clay of Walton, Darden. Denny, DuBose, Duggan, Evans. Felton of Bibb, Felton of Macon, Featheston, Foute, Franklin of Thomas, Gamble, Gordon, Green of Clay,

Hale,

Pittman,

Hart,

Reid,

Harrell of Deeatur, Reillley,

Harrison of Quitman, Rich,

Harris of Columbia, Russell of Chath!lm,

Howkins,

Bussell of Polk,

Humphries, of Clinch, Shewmake,

Jones,

Si~s,

Kimbrough,

Smith of .Jefferson,

La mal',

Stevens,

Lanier,

\' eazey,

Little of Talbot,

Walker of Floyd,

Madden,

Walker of Putnam,

Matthews,

Way,

)forgan.

Wei!,

}fcCord,

Whaley,

~IeLendon,

Williams of Upson,

Parker,

Wilson,

Piekett,

Worsham.

Those not voting were Messrs.-

Candl Jr, Felton of Bartow, Fordham,

Howell, Lumsden, Olive,

Smith of Glynn, Terrell, Vining,

FRIDAY, JULY 22, 1887.

12;)

Grindle, Harrell of Webster,
Harris of Catoosa,

Preston, Ray,

Williams of Harris, Mr. Speaker.

Yeas, 101. Nays, 58. Not voting, 16.

Having received the requisite constitutional majority, the bill passed, to-wit :

By Mr. Brady-

A bill to be entitled an act to provide for pleading and proving a failure of the consideration of any promissory note, or other instrument in writing given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state failure of consideration in the face of any negotiable promissory note, or other negotiable instrument given for same.

Upon motion of Mr. Simmons, the bill was ordered to be immediately transmitted to the Senate.

By unanimous consent the following bill was taken up; the same read the third time; the report of the committee agreed. to; and the bill passed by the requisite constitutional majority, yeas 102, nays 0, to-wit:

By Mr. Felton, of Bibb-

A bill to be entitled an act to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize consolidation with sairl company of railroads in Florida the building; of certain branch lines, and for 'other purposes.

Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Friday, July 22, 1887.
The House met pursuant to adjournment ; was called to

126

JoURNAL OF THE HousE.

order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnbeim, Atkinson, Bailey, Berner. Birch more. Blalock, Brady. Branch, Bray, Brown of Henry, Browr, of Cherokee. Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, c..,ok, Crawford, Darden, Denney, Dodgen, DuBose, Duggan. Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, !<'elton of Macon, Featherston, Fortner,

Ham,

Xichols,

Hand,

Norris,

Hart,

Page,

Harrell of Decatur. Parker.

Harrell of "''ebster, Peeples,

Harrison of Franklin. Perkim,

Harrison of (~nitman, Perry,

Harper,

Pittman,

Harris of Columbia, Preston,

H!trvcy.

Hawls,

Hawkins,

Reid,

Hayes,

l{eilley,

Henry,

Reynolds,

Hill of ~leri wether, Rountree,

Hill of Wilkes,

Hussell of Chatham,

Holhmd,

Russell of Clarke,

Holleman,

l{ussell of Polk;

Howard,

8chotield,

Howell,

8hewmake,

Hughes,

Si1nmons,

Huff,

Sims,

Humphries of Brooks, Smith of Crawford,

Humphries of Clinch, Smith of Glynn,

Hunt,

Smith of Gwinnett,

Hutchison,

Smith of Jefferson,

Tier,

Stevens,

.Tohnson of DeKalb, :'ltewart of Mitchell,

.Johnson of Echols, Stewart of Rockdale,

.Johnson of Screven, 8tcwart of Marion,

,Jones,

Stovall,

Kenan,

Strickland,

Kennedy.

Tate,

Key,

Taylor,

Kimbrough,

Terrell,

Lamar,

Thomas,

L>wier,

Veazey,

Little of 'ralbot,

Vickers,

~ladden,

Walker of Floyd,

:\fathews,

Walker of Putnam,

FRIDAY, JULY 22, 1887.

127

Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Greene of Clay, Greene of Mndison. Gresham, Griffith, Grindle, Hagan, Hale,

Mauney, Mills, Mixon, Monroe, Morgan, .Moye, McCord, . ::VfcLane, McGhee, McGarrity,
~leLendon,
McKibben,
~IcCleskcy,
Mc::Vlichael, Newton,

Those absent were Messrs.-

Ashley, Belt. Black, Fordham, Harris of Catoosa,

Henderson, Lumsden, Olive, Pickett, Ray,

Watts, Watson. Way, Weil, West, Whaley, Wheeler, Williams of Harris, Wtlliams of Jackson, Williams of Upst'n, Wilcox, wilwn, vVorsham, ~~ r. Speaker.
l{ich. Vaughn, Vining, Whelchel.

Mr. Williams, of Upson, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finance have had under consideration the following resolutions, which I am instructed to report back to the Honse, with a recommendation that they do pass, to-wit :
A resolution for the relief of The Hartford Steam Boiler Inspection and Immrance Company.
Also, a resolution authorizing the sale or lease of certain property belonging to the State.
' The committee have also had nuder consideration the

128

JouRNAL OF THE HousE.

' fullowing bill, :which I am instructed. to return to the Hou.se, with a .re~omine!Jdation that it do not pass, to-wit:
A bill to establish a Technological School as a branch of the Atlanta University; to approJ?riate money for the same, and for other purposes.
Respectfully submitted. \V:\I. W. GoRDO~, Chairman.
K. S. Walker, of Putnam, chairman of the Committee on Temperance, submitted the following report:

Mr. Speake1:
The Committee on Temperance have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, to-wit :
An act to prohibit the manufacture or sale of spirituous or malt liquor" within one mile of Odd Fellows Hall at Cains, in tlw county of Gwi!lnett. Proofs regular.
Respectfully submitted. N. S. W ALKEF, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speakfl' :
The General Judiciary Committee have had under consideration the Jollowing bills, which they instruct me to report back to the House, with the recommeudation that they do not pass, to-wit:
A bill to amend the claim laws of thit-i State, so as to allow persons to file claims in terms of law, etc.
Also, a bill to amend section 405i of the Uode, so as to require certiont,ri8 to be applied for in thirty days.
Also, a bill to regulate the fees of County Surveyors, and prescribe their powers and duties in certain cases.
Also, a bill to require the tran!'fer of misdemeanor cases now pending, or which may hereafter arise in the Superior

FRIDAY, JULY 22, 1887. ,.

129

Court of Thomas county, to the County, Cou,rt of tlaid county by the Judge of said Superior Court; and to ,Provide for the division and disposition of the money arising from fines and forfeitures in such transferred cases.
Respectfully submitted. RoBERT L. BERNER, Chairman.

Mr. Russell, of Clark, chairman of the Committee on Banks, submitted the following report :

J-Ir. Spcaltel' :
The Committee on Banks have had under consideration the following bills, which I am instructed to report back with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to amend section 2138 of the Code.
Also, a bill to be entitled an act to incorporate the First State Bank, of Dawson, Georgia.
Also, a bill to be entitled an act to amend an act ~ntitled an act, to incorporate the Capital City Land Improvement and Banking Company, of Atlanta, Georgia, approved December 20, 188(), for the purpose of changing its name to the Capital City Bank.
Also, a bill to be entitled an act to provide for the election of vice president of the Exchange Bank of Macon, Ga.
Also, the following bills, which they report back to the House, with the recommendation that the sarrie do pass, as amended, to-wit :
A bill to be entitled an act to incorporate the Planters' Bank of Preston, Ga.
Also, a bill to be entitled an act to incorporate the Mal'ietta Bank.
9

130

JouRNAL oF THE RoesE.

Also, a bill to be entitled an act to incorporate the Bank of Cuthbert, to be located in Cuthbert, Ga., etc.
Respectfully submitted. R. B. RussELL, Chairman.
Mr. Harrison, chairman of the Committee on Corporations, 1mbmitted the following report:

Mr. SpeakeI' :
The Committee on Corporations have had under consideration the following bills, which they instruct me to report back to the House with the reeommendation that the same do pass, to-wit :
A bill to be entitled an act to incorporate the town of Kennesaw, in Cobb county, Ga., and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to amend the charter of the town of Roswell, of Cobb county, Georgia, by changing the corporate limits of said town, and for other purposes.
AJ,.o, a bill to be entitled an act to incorporate the town of Bartow, in Jefferson county; to grant certain powers and prhrilt>ges to the same, and for other purposes. Proofs correct.
Respectfully submitted. vVILLLUf HARRISON, Chairman.
The following nwssage was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speake1 :
The Senate has pasl'led the following Senate bills, to-wit :
A bill to provide fol' the building and erecting of a court house in each militia district in the several counties of this State, and to provide for the holding of justices courts at the precincts in each militia district in this State, and for other purposes; passed by the requisite constitutional majority, yeas 24, nays 7.

FRIDAY, JuLY 22, 1887.

Also, a bill to be entitled an act to transfer the county of Twiggs from the Oconee Circuit to the Macon Judicial Circuit; paRsed by the requisite constitutional majority, yeas 23, nays 0.

Also, a bill to provide for the approval, custorly and record of the bond of the County School Commissioners, and for the giving of a new or supplemental bond when necessary; !la~sed by the requisite constitutional majority, yeas 29, nays 0.

Also, a bill to incorpomte the DuPont, Macon and Flor-

ida Railway Company; passed by the requisite constitu-

tional majority, yeas 26, nays 0.

'

Upon motion of Mr. Schofield, House bill ~o. 57 was recommitted to Committee on Labor and Labor Statistics.

Upon motion of Mr. Howell, resolution No. 19 was recommitted to Committee on Finance.

Upon motion of Mt. Terrell, House bills Nos. 417 and 494 were recommitted to Committee on Counties and County Matters.

By unanimous consent, the following bill was taken up, and the same read the third time; the report of the committee agreed to; the proper legal proofs were exhibited, and the bill passed as amended by req nisite constitutional majority, yeas 94, nays 0, to-wit:

By Mr. Monroe, ot Calhoun-

A bill to incorporate the town of Williamsburg, in the county of Calhoun ; to grant certain powers, and for other purposes.

By unanimous consent the following bill was taken up and the same read the second time, to-wit:

By Mr. Harrell, of Webster-

A bill to incorporate the Planters' Bank, of Preston, Ga.

By unanimous consent the following bills were introduced, read the first time, and appropriately referred, to-wit:

132

JoUR!'IAL oF THE HorsE.

By Mr. Harrison, of FranklinA bill to amend the act incorporating the town of Carnes-
ville, approved August 24, 1872, etc.
Referred to Committee on Corporations.
By Mr. Nichols, of TownsA bill rrpealing an act entitlerl an act requiring the roads
of Rabun, Towns, Macon, Fannin, Gilmer and Pickem; to be made 14 feet sidr digging.
Referred to Special Judiciary Committee.
By ~lr. Xichols, of TownsA bill to grant Thomas M. Nichols, Jr., of Towns county,
the privilege of peddling in Georgia without license.
Referred to Special J urliciary Committee.
By Mr. Reilley, of ChathamA bill to provide for the appointment and commissioning
of a Surgeon fOl" each Light Battery of Artillery of Volunteers.
Referred to Committee on Military Affairs.
By Mr. Atkinson, of CowetaA bill to repeal an act entitled an act to create a County
Conrt in each county of the State of Georgia, except certain counties therein mentioned; approved January 19, 1872, and all acts amendatory thereof, so far as the same apply to the county of Coweta, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Atkinson, of Coweta-
A bill to amend an act entitled an act to establish a system of public schools in the city of Newnan, Ga., and provide for the maintenance and support of the same; to provide for the issuance of bonds of said city, for the purpose of purchasing school property, etc.; approved. December 27, 1886.
Referred to Committee on Education.

FRIDAY, JULY 22, 1887.

133

::ay Mr. Smith, of GwinnettA bill to incorporate the North and South Short Line
Railway Company. Referred to Committee on Railroads.
By Mr. Henrlerson, of IrwinA bill to provide for the registration of the legal voters
of the county of Irwin, and fur other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Henderson, of IrwinA bill to prohibit fishing and hunting on the land of
another in the county of Irwin, without consent of the owner, or person having charge of the same.
Referred to Committee on Special Judiciary.
By Mr. Shewmake, of Burke-
A bill to require Justices of the Peace, Notary Publics and ex-officio Justices of the Peace to record transcript of
fi. Jas., etc., in Clerks' office of Superior Courts, and for
other purposes.
Referred to Committee on Special Judiciary.
By Mr. Williams, of Upson-
A bill for the relief of Dinkey Brown, of Upson ; to authorize him to peddle anywhere in this State without license, etc.
Referred to Committee on Finance.
By Mr. Denny-
A bill to amend an act entitled an act to incorporate the Rome and Northeast Railroad Company, with power to build branch roads, and to establish iron furnaces, etc., approved December 21, 1886, by striking from the 3d section thereof the following words, to-wit: "Provided, that the general situation and location of such new railroad

134

JouRNAL oF THE HousE.

shall be at least ten miles from any railroad already con~

stFucted, etc.

-

Referred to Committee on Railroads.

By Mr. Humphries, of Clinch-

A hill to make an appropriation to pay Madison M.. Carswell, of Clinch county, for an artificial arm, under an act approved December 4, 1886.

Referred to Committee on Finance.

By Mr. Russell, of Chatham-

A bill to cede to the United States of America exclusive jurisdiction over land in the city of Savannah.

Referred to Committee on General Judiciary.

By Mr. Russell, of Chatham-

A bill to proYide for tht~ taking of land which is private property, in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States government for a post office, court bouse, aud other uses.

Referren to Committee on General Judiciary.

By Mr. EvansA bill to incorporate the Bank of Sandersville, and for
other pu rposei'l. _Referred to Committee on Banks.

By Mr. Fagan-
A bill to amend an act to create a Board of Roads and Revenues for the county of Houi'lton, i'lO as to fix the term ot offiee of the membeJ'i'l of said board, etc.
Referred to Committee on Special .Tudiciary.

By Mr. Johnson, of Screven-
A bill to make it unlawful for any itinerant trader or peddler to vend, sell, or expose for sale, goods, wares, merchandise, or other articles upon the land or premises of any

FRIDAY, JULY 22, 1887.


13i)

person against the consent of the owner of such land or premises, etc.
Referred to Committee on General ,Judiciary.
By Mr. Buchan- . A bill to allow David Lovett, a cripple of Dodge county,
Ga., to peddle without license.
Referred to General Judiciary Committee.
Also, a bill for the disposition and appropriation to public bridges in Dodge county of all moneys in the county treasury of said county, by virtue of an act, to provide for the disposition of all moneys in the hands of Superintendents of Roads and Treasurer of Board of Roatl Commissioners in the State at the time of the passage of an act, approved December 13, 1884.
Referred to Committee on Special Judiciary.
By Mr. Black, of Gordon-
A bill to amend an act entitiPd an act to regulate the manner of letting contracts to build or repair publie buildings, bridges, causeways, or other public works in the several counties of this State, and for other purposes, approved tleptember 29, 1879.
Referred to Committee on Counties and County .Matters.
By Mr. Russell, of Polk-
A bill to incorporate the Ore Belt Railroad Company, ete.
Referred to Committee on Railroads.
By Mr. Russell, of Polk-
A bill to amend an act to incorporate The Van Wert Quarrying and Mining Company, approved December 18, 1886, by giving additional powers, and extending the time of said corporation.
Referred to Comn~ittee on Corporations.

136

JouRNAL OF THE HousE.

By Mr. ArnheimA bill to incorporate the Albany, Cuthbert and Western
Railroad Company, and to grant certain powers and privileges, and for other purposes.
Referred to Committee on Railroads. Also, a bill to incorporate the Albany Street Railroad Company, and for other purposes. Referred to Committee on Railroads.
By Mr. Rountree-
A bill to amend an act, approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one thou;and dollars by striking out the word "one," and inserting in lieu thereof the word "ten."
Referred to Committee on Temperance.
By Mr. TaylorA bill to exempt from city taxes that part of lot of land
No. 191 in Hth district of Randolph county, Ga., belonging to Miss Sallie F. Westmoreland, which lies within the corporate limits of the city of Cuthbert.
Referred to Special Judiciary Committee.
By Mr. McCord-
A bill to amend section 3322 of the Code of Georgia.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the Augusta, Gibson and Sandersville Railroad Company ; to confirm the charter under which said company is now acting. and for other purposes therein mentioned.
Referred to Committee on Railroads. By Mr. McCord-
A bill to incorporate the Augusta, Thomasville and Gulf

SATURDAY, JULY 23, 1887.

137

Railroad Company ; to define its powers and privileges, and for other purposes.
Referred t.o Committee on Railroads.
Mr. Smith, of Gwinnett, offered the following resolution which was read and adopted, as amended, to-wit :
WHEREAS, The Senate of Georgia, as a token of respect
to the memory of Ron. E. M. Word and the Ron. D. N.
Smith, late members of the upper branch of the General Assembly, have adjourned until Monday next; and whereas, the House of Representatives mourns the loss of these eminent and patriotic fellow-members, therefore,
Resolved, In honor of said deceased, that the House do now adjourn.
Leave of absence was granted to the following members, to-wit: Messrs. Wh~lchel, Gresham, Rich, Veazey, Hayes, Vaughn, Russell of Clarke, Hill of Wilkes, Cameron, Felton of Macon, Felton of Bibb, Walker of Putnam, Evans of Washington, Russell ot Chatham, and Parker.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday, July 23, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names :

Those present were Messrs.-

Adamo of Elbert, Adams of Greene, Arnhein1.

Hagan, Hale, Ham,

.McLendon, McKibben, i\lcUleskey,

138

.JouRNAL OF THE HousE.

Ashley, Atkinson, Bailey, Berner, Birch more, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Buchan, Calvin, Ca!!dler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuRoe, Duggan, Durmnce, Fagan, .Felton of Bartow, Featherston, Fortner, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson. Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Griffith.

Hand,

Newton,

Hart,

Nichols,

Harrell of Webster, Norris,

Harrison of Fr.mklin, Peeples,

Harrison of Quitman, Perry,

Harper,

Pittman,

Harris of Catoosa,

Preston,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Henry,

Heilley,

Hill of Meriwether, Reynolds,

Hill of Wilkes,

Rountree,

Holland,

Russell of Chatham,

Howard,

Bussell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Huff,

Sin1s,

Humphries of Brooks, Smith of Crawford,

Hunt,

Smith of Glynn.

Hutchison,

Smith of Gwinnett,

Iler,

Smith of Jefferson,

,Johnson of DeKalb, Stevens.

Johnson of Echols, Stewart of Mitchell,

.Johnson of Screven, Stewart of Marion,

,Jones,

Stovall,

Kenan,

Strickland,

Kennedy,

Tate,

Key,

Taylor,

Kimbrough,

Terrell,

Latnar,

Thomas,

Lanier,

Vickers,

Little of Talbot,

Walker of Floyd,

Madden.

Watts,

Mathews,

Watson,

Mauney,

Way,

Mills,

Wei!,

Mixon,

Whaley.

Monroe.

Wheeler,

)forgan,

Williams of Harris,

Moye,

Williams of Jackson,

McCord,

Williams of Upson,

McLane,

Wilson,

McGhee,

Worsham,

McGarrity,

Mr. Speaker.

Those absent were Messrs.-

Belt,

Henderson,

Rich,

SA'fURDAY, JULY 23, 1887.

139

Black, Brewster, Cameron, Clay of Walton, Evans, Felt'>n of Bibb, Felton of Macon, Fordham, Harrell of Decatur. Harvey, Hayes,

Holleman, Humphries of Clinch, Lumsden, McMichael, Olive, Page, Parker, Pe~kins, Pickett, Ray,

Russell of Clarke, Simmons, Stewart of Rockdale, Vaughn, Veazey, Vining, Walker of Putnam, \Vest, Whelchel, Wilcox.

Mr. Hutchison, ot the Committee on Joumals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

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

Mr. Speal..~er:
The Committee on Finance have had under consideration the following bill, which I am instructed to report back to thP. House with the request that it be read a second time and recommitted to the Committee on Finance, to- wit :
A bill to carry into effect paragraph 1, section 14, article 7 of the Constitution of this State, by providing a sinking fund to pay off and retire the bonds of this State, which have not yet matured, and prescribe how the same may be carried into effect, and for other purposes.
Respectfully submitted. W M. W. GoRDON, Chairman.

Upon motion of Mr. McCord, House bill No. 100 was tecommitted to the Committee on Manufacturing.

Leave of absence was granted to Mess1s. Henry, Sim-

mons, Holleman, Adams, Perkins, Coggins, Wilcox, West,

Harrell of Decatur, Stewart of Rockdale, Page, Clay of

Walton, and McLane.



Mr. Harrison, of Quitman, offered the following resolu-

140

JouRNAJ, oF THE HousE.

tion, which was read and referred to the Committee on Finance, to-wit :
A resolution authorizing the Governor to advertise for bids for the sale and lease of the Western and Atlantic Railroad, etc.
By unanimous conl'ient, the following bill was taken up and t'ead the third time; the report of the ccmmittee was agreed to, and the bill passed, as amended, by the requisite: constitutional majority, yeas 109, nays 0, to-wit:
By Mr. Harrell, of \Vebster-
A bill to incorporate the Planters' Bank, of Preston, Ga.
By unanimous consent, the following bill was taken up, and the same read the second time, to-wit :
By Mr. Clay, of Cobb-
A bill to amend an act entitled an act to amend an act to incorporate the town of Salt Springs, approved December 21, 1886, so as to remove the corporate limits of said town from the entire lands of J. B. Humphries, a citizen of Cobb county, etc.
By unanimous consent, the following bill was taken up and read the second time, and recommitted to Committee on Finance, to-wit :
By Mr. Felton, of BibbA bill to carry into effect pamgtaph 1, section 14, article
7 of the Constitution of this State, by pr<)Viding a sinking fund to pay off and retire the bonds of this State, which have not yet matured, and prescribe how the same may be carried into effect, etc.
By unanimous consent, the following bills were introduced, read the first time and appropriately refened, to-wit:
Bv Mr. HuntA bill to extend the corporate limits of the town of
Sparta, in the county of Hancock. Referred to Committee on Corporations.

SA'l'URDAY, JULY 23, 1887.

l.Jl

Also, a bill to amend an act entitled an act to incorporate the town of Jewell's Mills, in the counties of Warren and Hancock, and for other ptll'poses; appoved August 24, 1872, etc.
Referred to Committee on Corporations.
Also, a bill to provide for the payment of insolvent criminal costs to the officers of the County Court of Hancock county, and for other purposes.
Referred to Special .Judiciary Committee.
By Mr. Harris,m, of FranklinA bill to promote the health and agricultural interest of
Franklin county. Referred to Committee on Counties and County Matters.
By unanimous consent the following bills were taken up and read the second time, to-wit:
By Mr. Preston, of Jasper-
A bill to create the office of Inspector of Roads for the county of .Jasper, and for other purposes.
Also, a bill to make it unlawful fol' any person to shoot, snare, trap, ot in any manner kill any buck, doe, or fawn, wild turkey or partridges running at large in the county of Jasper, between the fil'st day of M::.rch and the fifteenth day of October of each year, and to provide penalties, etc.
Mr. Chappell offered the following resolution, which was adopted as amended, to-wit :
Resolved, That after the unfinished business of yesterday's session is exhausted, that the session ot to-day be devoterl .to reading a second time Honse bills which have been favorably repol'ted.
Mr. Harrison, of Quitman, chairman of the Committee on Corporations, submitted the following report:

142

JouRNAL oF THE HousE.

~Jr. Speaker:
The Committee on Corporations have had under consideration the following bill, which they instruct me to report back, with tlw recommendation that it be read the second time and recommitted, to-wit:
A bill to incorporate the town of Woodbury, in Meriwether county, Georgia.
Respectfully submitted. 'VILLIAM HARRISON, Chairman.
Mr. Ham, chairman pro tem. of the Special ,Judiciary Committee, submitted the following report:

Jh. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which they report back to the Honse with the recommendation that the same do
/
pass, to-wit :
A hill to amend the eharter of the town of Thomasville by extending the corporation limits for police purposes only.
Also, a bill to be entitled an act to define what is posting lands when re<[ uired by any geneml nr local law of this State.
Also, a bill to authorize the Mayor and Council of the town of Thomasville to issue $15,000 worth of bonds for park ptuposes.
Also, a bill to be entitled an act to amend the chatter of the Georgia Law and Trust Company, and for other purposes.
Also, the following bills, which they recommend do pass as amended, to-wit :
A hill to create office of Solicitor of County Court, Macon county.
Also, a hill to be entitled an act for the relief of A. C. Daniel, of the county of Elbert.

SATURDAY, JULY 23, 1887.

143

Also, the following bills, which they recommend that the introducer have leave to withdraw.
A bill to be entitled an act to provide for the payment of summoned tales jurors, and for other purpoRes.
Also, a bill to be entitled an act to allow W. P. Williams and Zachie Claxton, Sr., ot the county of Johnson, to peddle without license.
Abo, the following resolution, which they recommend be recommitted to Committee on Finance, to-wit :
A resolution for the relief of James Mullin, \V. P . .Burt, et. al., etc.
1\.lso, the following bill of the House, which they recommend do not pass, to-wit :
A bill to be entitled an act to fix the fees of the Ordinaries and Sheriffs, of the several counties in this State, in habeas corpus cases before the Ordinary, and to provide how the same shall be paid.
Respectfully submitted. H. W. J. HAM, Chairman.

Upon motion of Mr. Ham, House bill No. 48, was recommitted to Committee on General Judiciary.
By unanimous consent, the following bill was taken up, and the same read the second time, to-wit :
By Mr. Russell, of Polk-
A bill to authorize the town of Cedartown, Polk county, Georgia, to establish a system of public schools, etc.
By unanimous consent, thP following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Russell, of Clarke-
A bill for the relief of the estate of A. P. Dearinglate, of Clarke county, Georgia, deceased, and to provide for the payment, by the State, of the following bonds endorsed by the State of Georgia, to-wit: A first mortgage bond of

144

JouRNAL oF THE HousE.

the Macon and Brunswick Railroad for one thousand dollars, bearing seven per cent. interest, etc.
Referred to Finance Committee. By Mr. Howell, of Fulton-
A bill to amend the charter of the Atlanta and Hawk.insville Railroad Company, to change the name thereof to the Atlanta and Florida Railroad Company, and for other pmposes.
Referred to Committee on Railtoad>;.
By Mr. Stevens-
A bill to designate the officers of the County Court of Tenell county; t(J provide for their compensation, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Smith, of Crawford-
A bill for the protection of the traveling public against accidents, caused b~' color-blindness or other forms of delectiYe vision.
Referred to Committee on Hygiene and Sanitation.
By Mr. Pittman-
A bill to incorporate the LaGrange Street Railway Company; to define its powers, etc.
Referred to CommittPe on Corporations.
By Mr. Wilcox-
A bill to abolish the County Court of the county of Ware, and for other purposes.
Referred to Committee on Special ,Judiciary.
By Mr. Moye-
A bill to prevent fishing, hunting, or otherwise trespassing on the lands of another, in the county of Washington, after being notified by the owners, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, JULY 27, 1887.

161

By unanimous consent, the following bill was taken up, read the third time, and the report of the committee agreed to.
Upon motion of Mr. Harrison, of Quitman, the action of the House agreeing to the report of the committee was reconsidered.
Mr. Harrison, of Quitman, offered the following amendment, toTwit :
Amend by striking out all afte1 the word'' then " in 6th line of 3d section down to the word "<'onnty" in 4th line.
Mr. Harrell, of Webstt"r, moved to recommit the bill to the Special .Judiciary Com rnittee.
Pending the motion to recommit, the hour of adjournment arrived, and the House adjounH'd until to-morrow morning at !J o'clock.

A'rLANTA, GEORGIA,
Wednesday, July 27, 1887.

The Honse met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the f(,Jiowing members answered to their names :

Those present were Messrs.-

Adamo of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Berner, -Birchmore, Black, Blalock, Brady,
11

Hale, Hum, Hand, Hurt, Harrell "f Decatur. Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper,
. Harvey,
Harris of Catoosa,

Kewton, Nichols, Norris, Olive, Parker, PeP-ples, Perkins, Perry, Pittman, Preston, Hay,

162

JouRNAl. OF THE HousE.

Branch, Bray, Brewster, Brown of Henry, Brown of Cherokee. Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of vValton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denn!Oy, Dodg-eti, DuBo,c. Duggan, Durra11ce,
Evan~,
Fagan, Felton of Bartow, Felt0n of Bibb, Felton of ~lacon, Featherston, ~""'ort11 er, Foutc, Franklin of Fannin, Franklin of Thomas. Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan,

Harris of Columbia, Rawls,

Hawkins.

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Hill of Meriwether, Rountree,

Hill of Wilkes,

J'l-ussell of Chatham,

Holland,

Rw;sell of Clarke,

Hollemau,

Bussell of Polk,

Howard,

Schofield,

Howell,

Shewmak<:>,

Hughes,

Sirnrnons,

Huff;

Sitns,

Humphries of Brooks, Smith of Craw!ord,

Humphries of Clinch, Smith of Glynn,

I-I u n t,

Smith of Gwinnett,

Hutchison,

Smith of Jefferson,

Iler,

Stevens.

.Johnwn of DeKnlb, Stewart of l\1 itchell,

.Johnson of Echols, Stewart of ;\i11rion,

.T oh nsqn of Sereven, Stewart of Rockdale,

.Jones.

Stovall,

Kenan,

Strickland,

Kennedy,

Taylor,

Key,

Terrell,

Kimbrough,

Thomas,

Lamar,

Vaughn,

I . anier,

Vickers,

Little of Talbot,

Walker of Floyd,

Lumsden,

Walker of Putnnm,

Madden,

Watts,

Mathews,

Watson,

)I auney,

vVay,

;\] i !Is,

Wi>il,

Mixon,

V\' est,

J\Ion roe,

vVhaley.

~Morgan,

Wheeler.

nloyc,

Whelchel,

~McCord,

Williams of Harris,

}1cLane,

Williams of ,Jackson,

McGhee,

Williams of Upson,

McGarrity,

Wilcox,

Mci.endon,

vVilson,

McKibben,

Worsham,

:\lcCleskey,

;\fr. Speaker.

Those absent were Messrs.-

Ashley,

Page,

Tate,

WEDNESDAY, .JuLY 27, 1887.

Fordham, Henderson, McMichael,

Pickett, Rieh,

'\.T e a z e y , Vining,

Mr. Ham, chainuan of the Committee on .Journals, reported that the Journal of yesterday's proceedings had been

examined and found cof!'ect.

,

The Journal was then read and approved.

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

Jt!r. Speaker :
The Committee on Enrollment report as duly enrolled and signed by the Speaker of the Honse of Representatives and President of the Senate, nnd delivered to his Ex\;ellency, the Governor, the following act, to-wit:
An act to amend an act establishing a new eharter fot the city of Atlanta, approved February 28, 187 4, and the several acts amendatory thereof, so as to fix the amount of the surplus or sinking fund permanently at one hundred and seventy-five thousand dollars, and to authorize temporary loans from time to time, not exceeding seventy-five thousand dollars in any one year, and the same to be paid off and retired out of the income of the year in which said loans are made, and before the year expires.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Chappell, chairman of the Committee on Railroads, submitted the follo\ving report :

J1r. Speaker:
The Committee on Railroads have had under consideration the following House bills, which I am directed to report back to the House, with the recommendation that they do pass, as amended, to-wit :
~ bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company.

164

JouRNAL oF THE HousE.

Also, a bill to incorporate the Georgia Terminal Railroad Company.
Also, the following bill, which I am directed to report back, with the recommendation that it do pass, to-wit:
A bill to incot'porate the Central City Railroad Company. Rel"pectfully submitted.
THOi-:i. J. CHAPPELL, Chairman.
Mr..Johnson, chairman of the Committee on Hygiene and t\anitation, submitted the following report:

.Mr. .Speaker :
The Committe on Hygiene and Sanitation have had under consideration the following bills which they instruct me to report back, with the recommendation that the same do pas,;, as amended, to-wit:
A bill to be entitled an act to pre~cribe the time for cutting turpentine boxes and fixing the penalty for the violation of the same.
Also, a bill to be entitled an act to levy and collect a tax on physicians not permanently located, ~r persons claiming to be such, and for other purposes.
Respectfully submitted. ,J. W. .JoHNSON, Chairman.

Leave of absence was granted to the following members, to-wit : Messrs. Harris of Catoosa, Dodgen, Adams of Elbert, Terrell and Smith of C1awford, Sims, Page, Stevens, Watson, Fordham and Griffith.
The Speaker announced that the next order of business was the unfinished business of yesterday, to-wit:
The further consideration of House hill No. 43.
Upon motion of Mr. Harrell, ot Webster, the bill was recommitted to the Committee on Special Judicia1y.
Mr. Harrison, chairman of the Qommittee on Corporations, submitted the following report:

WEDNESDAY, JULY 27, 1887.

165

Mr. Speaker:
Th<l Committee on Corporations have had under consideration the following bills, which they instruct me to report back to the House, with the recommendation that the same do pass, proofs correct, to-wit :
A bill to incorporate the Georgia Mutual Insurance Company, of Savannah, Georgia, and for other purposes.
Also, a bill to incorporate the town of Woodbury, Meriwether county, Georgia, and for other purposes.
Also, a bill to consolidate, amend and supercede the acts incorporating the town of Green ville, in the county of Meriwether; to provide for Mayor and Council of the same, and for other purposes.
Also, a bill to authorize the Mayor and Council of the city of Dalton to operate and manage water works in said city.
Also, a bill to amend section 9 of an act entitled an act to amend the charter of the city of Dalton, approved October 6th, t 885.
Also, the following bills, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company, and to grant certain privileges therein named.
Also, a bill to incorporate the St. Mary'~, Satilla and Turtle Rivers Canal Company, and foe other purpo!"es.
Also, a bill to repeal an act incorporating the town of Swainsboro, in the county of Emanuel, and to provide a new charter therefor.
Respectfully submitted. WILLIAM HARRISON, Chairman.
Mr. Calvin, chairman of the Committee on Education, submitted the following report:

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.JouRNAL oF THE HousE.

Mr. Speaker:
The Committee on Education have had under consideration House bill No. 514, being a bill to be entitled an act to regulate the manner of conducting educational institions in this State, and to protect the right!" of colored and white people, and to provide penalties for the infraction of this act, and for other purposes, and instructed me to report the bill hack to the House, with a recommendation that the same do pas~.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.

Mr. Gordon, chaitman of the Committee on Finance, submitted the following repott:

Mr. Spea/.:e1:
The Committee on Finance have had under consideration the following resolution, which I am instructed to return to the House, with the recommendation that it do pass, to-wit:
A resolution appointing a joint committee to investigate and report upon certain property of the \VestPm and Atlantic Railroad lying within the limit~; of the State of Ten-
ne~see.
Respectfully ;.;ubmitted. \V llf. W. Go uno~, Chairman.

Mr. Little, e.r-o.flicio chairman of the Committee on Rules, submittPd the following report:

Mr. Speo ker :

.

The Committee on Rules ha\'e had under consideration the following resolutiou, which I am instmcted to report

back, with the recommendation that the same do pass, as

amended, to-wit:

WEDNESDAY, JuJ,Y 27, 1887.

167

A resolution instructing committees to report title of substitute for bills.
Respectfully submitted. W. A. LITTLE, Kc-0./ficio Chairman.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker: The Senate has passed the following Senate bills, to-wit:
A bill to restrict the rates of interest and charges for the use and loan of money on deeds, etc.; passed by the requisite constitutional majority; yeas 30, nays 1.
Also, a bill to regulate the practice in claim cases in the different courts of the State, etc.; passed by a requisite constitutional majority; yeas 32, nays 0.
Also, a bill to regulate the practice in cases of new trial in the Superior Courts and other courts of this State; passed hy the requisite constitutional majority ; yeas 30, nay; 0.
Also, a bill to regulate the practice in the Supetior Courts of this State in rules and attachments for contempt against officers of courts and attorneys at law; passed by requisite constitutional majority; yeas 31, nays 0.
Under a suspension of the rules, the following bill was taken up and read the second time, to-wit:
By Mr. Glenn-
A bill to regulate the manner of conducting educational institutions in this State, and to pi"Otect the rights of colored and white people, and to provide penalties for infriction, of the provisions of this bill, and for other purposes.
Mr. Harrell, of Webster, offered the following resol ution which was read and adopted, to-wit :
Resolved, That until further order of the House, the

168

JovRNAL OF THE HousE.

hour of adjournment shall be 1 o'clock, p.m., daily, except Saturdays.
By unanimous consent, the following bill was taken up, and the same read the second time, to-wit:
A bill to incorporate the Louisville, Waynesboro and Alexander Railroad Company.
Upon the call of the roll of counties for the introduction of new matter, the following bills were introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit :
By :Mr. Kenan-
A bill to authorize the Ordinary of Baldwin county to pay from the treasury of said county the reasonable expenses of costs of the officers and witnesses who conducted the contest in the prohibition P-lection in said ':)Ounty in 1886.
By Mr. Belt-
A bill authorizing the Commissioners of Roads and Revenues of Burke county to issue and sell bonds of the county for building jail, etc.
The following bills were introduced, read the first time, and n>ferred to the General Judiciary Committee, to-wit:
By 1\l:r. Schofield-
A bill to amend nection 4698 of the Code of Georgia.
By Mr. Monroe-
A bill to amend section 287 (a) and 288 of the Code of 1882, 80 far as the r,;amp may relate to the county of Calhoun, etc.
By Mr. Ru:;sell, of Clarke-
A bill to prescribe and make certain the fees of Clerks of the Superior and City Courts as therein ~tated, and also to provide for the payment of the fees of said clerks in certain other cases as therein stated.

WEDNESDAY, JULY 27, 1887.

169

Also, a bill to prohibit the issuance of any bonds or other evidence of debts, by any railroad company, in excess of the actual cost of construction of said railroad, etc.
By Mr. McCieskeyA bill to prevent the running of excursion trains, boats,
or vessels on the Sabbath day.
The following bills were introduced, read the first time, and referred to the Committe on Special Judiciary, to-wit:
By Mr. BeltA bill to change the time for holding Superior Court in
Burke county.
By Mr. Russell, of ClarkeA bill to authorize the Mayor and Council of the city
of Athens to lay out and widen the streets of said city, and for other purposes.
Also, a bill to authorize the Mayor and Council of the city of Athens to assess such part of the annual cost of water for fire purposes, as they shall deem proper against the property protected; to declare what property is so protected; to provide for the collection ot said assessments, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to levy a special tax on the several trades and professions in said city, and for other pnrposef'.
Also, a bill to authorize the Mayor and Council of the city of Athens to grade, pave, macademize and otherwise impl'Ove the streets of said city, and for other purposes.
Also, a bill to authorize the Maym and Council of the city of Athens to lay and construct drains and sewers in said city; to authorize the taking of private property for such purposes; to provide the manner of assef'sing damages when private property is so taken, and for other purposes.
By Mr. Green, of Clay-
A bill to authorir.e and require the registration of all

170

JouRNAL oF THE HousE.

voters in the county of Clay, in this State, and for other purposes.
Also, a bill to change and define the time ot holding the Superior Court;; of the countie;; of Quitman and Clay, and to allow the Superior Court of Clay county to set for two weeks when necessary, and to provide for the drawing of two panels of petit jurors in saitl county; one for each week.
By Mr. Buchan-
A bill to amend section 3()fl7 of the Code of Georgia.
By Mr. Adams, of Elbert-
A bill to fix the pay of jurors serving in cases of lunacy, and for other purposes.
Also, a bill to authorize County Treasurers to pay county orders out of different funJs than that upon which they are drawn, and for other purposes.
By Mr. LamarA bill to exempt the Richmond Hussar Military Com-
pany from jury duty.
Also, a bill to llefine and restrict the corporate privileges heretof<m: grantP(l to the first Presbyterian Church of Augusta, as tn the creation of debt, and limiting said power.
The following bills were introduced, read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. HarperA bill to ineorpomte the X orth Georgia and St. Andrews
Bay Railroad Company, and for other purposes.
Also, a hill to incorporate the Carr<lllton, Marietta and \V"estern Railway Company, and to authorize said company to build and operate its road from the city of Carrollton in Carroll county, to the city of Marietta, in the county of Cobb in this State, etc.
By Mr. Clay, of CobbA bill to incorporate the Lookout Mountain, LuJa Lake

WEDNESDAY, JuLY 27, 1887.

171

and Gadsden Railroad Company, and for other purposes.
The following bills and resolutions were introduced, read the first. time, and referred to the Committee on Finance, to-wit:
By Mr. Felton, of Bibb-
A re8olution for the relief of Henry J. Lamar, of the county of Bibb.
By Mr. Arnheim (by request)A bill to provide for the payment of bond Ko. !~4H of
the State of Georgia, issued under the act of the Legislature approved January 12, 1852, and of the coupons due thereon.
Also, a resolution to cause to be made an examination of the papers and vouchers in the State Treasury, as in their judgment may be necessary for the proper investigation of the bill to provide for the payment of bond No. 349, etc.
Mr. Clay, of Cobb, offered the following resolution, which was read and referred to tqe Committee on Finance, to-wit :
A resolution instructing the State Printer to turnish advance sheets of the Journals to .Jackson T. Taylor.
The following bills were introduced, read the first time, and referred to the Committee on Corporation;;, to-wit:
By Mr. Coggins-
A bill to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall 'and Banks, and for other purposes.
By Mr. Fl'lton, of Bartow-
A bill to amend an act entitled an act to amend the existing charters of the town of Adairsville, in Bartow county, approved August 27, 1872, and to confer additional powers upon the commissioners of said town.

172

.JouRNAL OF TIIE HousE.

By Mr. Johnson, of Echols-
A bill to incorporate the town of Tarver, m the county of Echols, and for other putposes.
By Mr. Denney, of Floyd-
A bill to amend an act entitled an act to consolidate, amend and codify the vat"ious acts incorporating the city of Rome, approvt>d September 25, 1883, etc.
The following bills were introduced, read the fit-st time and referred to the Committee on Education, to-wit :
By Mr. Rawls-
A bill to changt> the manner of electing trustees of the Effingham Academy.
By Mr. Adams, of Elbert-
A bill to authorize the Trustees of the Elbert County Male Academy, to sell the property belonging to said Academy, to invest proceeds of said sale, and for other purposes.
By Mr. Adams, of Elbert-
A bill to authorize the Trustees of the Elberton Female Collegiate Institute, to sell the property of said Institute; to invest the proceeds of said sale, and for other purposes.
A!so, a bill to authorize the town council of Elberton, Georgia, to issue bonds for the erection and equipment of public school buildings; to provide for payment of the same, and for other purposes.
The follmVing bill wai:i introduced, read the first time, and referred to the Committee on Hygiene and Sanitation, to-wit :
By Mr. Smith, of CrawfordA bill to prevent and punish as a misdemeanor the dis-
clo,;ure by physicians and surgeons of professional secrets communicated to them by their patients or di.~covered by them on an examination.

WEDNESDAY, JurJY 27, 1887.

173

The following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit:
By Mr. AtkinsonA bill to amPnd section 1465 (b) of the Code of Georgia.
The following bills were intr0duced, read the first time, and referred to the Committee on Penitentiary, 'to-wit:
By Mr. HuffA bill to create and establish a permanent penitentiary
and suppl~ farm, tor the confinement and reformation of all convicts who are now, or who may hereafter come into the charge and control of the State of Georgia ; to create and establish an Advisory Board of Pardons; to proYide tor the working of the publi<' roads of the State by convicts, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Roads and Bridges, to-wit:
lly Mr. Felton, of BartowA bill to authorize and empower M. A. Hardin to clo~e
up all private ways and roads upon his farm in the 17th district !!nd 3d section of Bartow county, Georgia, and for other purposes.
Upon motion, House bill No. 409 was recommitted to the Committee on General Judiciary.
Upon motion of Mr. Glenn, House bill No..}14, was made the special order for Tuesday August 2, immediately after the reading of the Journal.
Upon motion of Mr. Watts, the following resolution was taken up, read and adopted, to-wit :
A resolution to appoint a committee to inquire into the character and condition of the State's property located in the State of Tennessee, etc.
Upon motion, the resolution was ordered to be immediately transmitted to the Senate.

li4

JouRNAL oF THE HousE.

Upon motion of Mr. Calvin, resolution No. 87 was taken up, read, and adopted as amended, to-wit:
A resolution requiring bills reported for passage, by substitute, to set forth in full the title of said substitute.
Mr. Russell, of Clarke, offered the following resolution, wbich was read, to-wit :
Resolved, That commencing with the session of to-morrow, July 28, the House shall meet at 10 o'clock, a. m., and adjourn at 1 o'cloek, p. m., except Saturdays, when the hour of meeting shall be 9 o'clock, a. m., and of adjournment at 12 o'elock, p. m.
V pon the adoption of the resolution, the yeas and nays were called for.
Upon the que,-tion whether the call :-hould be sustained or not, no quorum voted.
Upon motion of Mr. Shewmake, the House adjourned until to-morrow morning at 9 o'clock.

ATLA~TA, GEORGIA,
Thursday, July 28, 1887.
The House met pursuant. to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, Arnheim, Ashley, Atkinson, Bailey,

Hale, Ham, Hand, Hart, Hnrrell of Decatur,

Newton, Nichols, Norris, Olive, Parker,

THURSDAY, JuLY 28, 1887.

175

Belt, Berner, Birch more, Black, Blalock, Brady, Bra ncb, Bray, Brown of Henry. Brown of Cherokee, Br<lwster, Buchan, Cftlvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of WRlton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, DuBose, Duggan, Durrance, Evans,
~'agan,
Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith,

Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Hnwkins, Hayes, Henry, Hill of }leri wether, Hill of Wilkes, Holland, Holleman, Howard. Howell, Hughes, Huff, Humphries of Brouks, Humphries of Clineh, Hunt, Hutchison, ller, .Johnson of DeKalb, ,Johnson of Echols, Johnson of Screven, ,Jones, Kenan, Kennedy. Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, .\[ad den, J\1ath8WS, Mauney, Mills, i.Vlixon, Monroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon,

Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Heid, Reilley, Reynolds, Rountree, Russell of Clarke. Russell of Polk, Schofield, t:lhewmake.
Sin1mon~.
Sints, Smith of Crawford, Slllith of Glynn, Smith of Gwinnett, t:lmith of ,) efl'erwn, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, 8trickland, Taylor, Terrell, Thomas, Vaughn. Vickers, Walker of Floyd, \Valker of Putnam. Watts, Wat:;ou, Way, Wei!, \Vest,
Whnle.v '
-wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham,

176

.JouRNAL OF THE HousE.

Grindle, Hagan,

McKibben,
~IcUleskey,

Mr. Speaker.

Those absent were Messrs.-

Adams of ~Elbert, Dodgen, Fordham, Harvey, Henderson.

Me Michael, Page, Hnwl,;, Rich, Rus>'ell of Chntham~

Stevens, Tate, Veazey, \ 7 ining.

Nir. \Villia.ms, of tlw Committee on .Journals, reported that the .Journal of :Vl'-~tenlay',.; procepdings had been examined and found eontet.

The .Tournai was then read and approved.

Leave of absence wa;-; granted to the following members, to-wit: :Messrs. Harvey, Brariy, McLane, Humphries of Clinch, Smith of Crawtord, Mixon, and Johnson of Screven.

By unanimous consent, the following bills were introdtH~ed, read the first time, and appropriately referred, to-wit:

By Mr. Denney-

A bill to amend, rev1se and consolidate the common school laws of the Htate of Georgia.

Referred to Committee on Education.

Also, a bill to provicle for holding annually, in the State, Teachers' Institutes; to provide fees for the support of the same, and for otheJ' purposes.

Referred to Committee on Education.

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

Mr. Spraker:
The Committee on Finance, have had under consideration the following bills, which I am requested to return to the House, with the req nest that the same be printed, and that they do pass, by substitute, to-wit :
A bill to carry into effect paragraph 1, section 14, of

TJ!URSDAY, JULY 28, 1887.

177

article 7, of the Constitution of this State, by providing a sinking fund to pay off and retire the bonds of thi~,; 8tate, which have not yet matured.
Also, a bill to carry into effect paragraph 1, section 14, article 7, of the Constitution of this State, by providing a sinking fund to pay off and retire the bonds of this State, which have not yet matured, and prescribe how the same may be carried into effect, and for other purposes.
Respectfully submitted. \V;\L W. GoRnos, Chairman.
Mr. Felton, of Macon, ehairman of the Committee on Agricultme, submitted the fi>llowing report:

Mr. Speake/":

The Committee on Agriculture have had under considerati0n the following bills, which they instruct me to report back to th-o Hom;e with the recommendation that they do pass, to-wit:

A bill to amend section -!4-11 of the Code. Also, a bill to require all persons buying cotton in the seed, lint, corn, wheat, oats, rice and other farm products to keep a record of the same.

Also, the following resolution which they recommend be adopted, to-wit :

A resolution that a joint committee from the Senate and House be appointed to investigate the sy~">tem and mode of inspecting and tagging commercial fertilizerti.

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

A bill to amend the guano inspection laws of this State so as to prevent the inspection of bulk lots.
Respectfully submitted. W. H. FELTON, of Macon, Chairman.

Mr. Berner, chairman of the Committee on General-

Judiciary, submitted the following report:

12

.

178

JouRNAL oF THE HousE.

Mr. Spenker :
The General Judiciary Committee have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that the same do pass, to-wit:
A bill to amend section :2H8 of the Cude of Georgia.
Also, the following hill, which they recommend do pass, as amended, to-wit:
A bill to amend o;eetion -tf)()() of the Code. Also, the following bill, which they recommend be recommitted to the Committe on Special J udieiary, to-wit:
A bill to amend an act for the protection of game m Fulton <ounty.
Also, the following bill, which they recommend be referred to the Committee on Agrieulture, to-wit:
A bill to prevent the sale of the neces5aries of life for more than 1;) per cent. above cash prices, on time.
Also, the following bill, which they recommend the author be allowed to withdraw, to-wit:
A bill to allow W. P. Williams and Zachie Claxton to 1wddle without license.
Also, the following bill, which they rpcommend do pass, to-wit :
A bill to amend an act to creai:e aml organize a new ,Judicial Circuit of the Superior Courts, approved September 8, 1885.
Respectfully submitted. RoH'r. L. BERXER, Chairman.
Mr. Wilson, fur the minority of the Committee on Education, submitted the following report:

.Wr. Speaker:
The Comm"ittee on Education have had under consideration Hom;e bill 514, which prohibits the eo-education of

THURSDAY, JuLY 28, 1887.

179

'the races, and we, the undersigned members, beg leave to submi~, the following minority report, to-wit :
Having carefully considered the above bill we are satisfied that it abridges the rights and privileges of thP citizens, and in this respect it violates the Constitution of the United States and the " Bill of Rights" in the Constitution of the State of Georgia, wherein justice is insured and the enjoyment of liberty guarantePd to all. We are of the opinion that it is neither policy nor proper for the State to interfere with the rights and privileges of the citizens, whether white' or colored, in the matter of educating their ehildren ; and
we b~lieve further that the bill is simply misehief-making,
and that its intention is to cripple :<orne of the best institutions in our State, and for these reason~ we recommend that the bill do not pass.
Respretfnlly sn bmitted. A. \VILHO:'>,
LECTUHED CRA \\'FORD.
Upon motion of Mr. Gordon, 350 copies each of Honse bills, Nos. 281 and 379, were ordered printer! for the usc of the House.
Upon motion of Mr. Gordon, Honse bills, Kos. 281 and :l79, was made the speciaL order for \\' edncsday August 3, immediately after the reading of the Journal.
Mr. Calvin offered the following resolntion, which waE< read and adopted, to-wit:
Resol1:ed, That there shall he printed daily, under the direction of the chairman of the Committee on Enrollment, two hundred copies of the calen(lar for the use of the House.
Mr. Calvin offered the fnllowing resolution, which was read and referred to the Committee on Public Printing, to-wit:
Resolved, That from and after the adoption of the resolution, there shall be printed daily under the direction of the chairman of the Committee on Enrollment two hundred

180

.TouRNAI, OF THE HocsE.

copies of a full abstract of the Journal of the House for the use of the members. Sairl abstract shall be a resume of the proceedings of each day, and shall give in full the title of each bill and the text of each resolution introduced and considered.
Upon motion of Mr. Felton, of Bartow, House bill No. 1R8 which was the order of the day, was ordered to be taken up as soon as the ,;pecial order of the day was completed, to-wit: the consideration of Honse bill No. 1:37.
The hour for the :,;pecial order having arrived, upon motiou of Mr. Brown, Honse bill No. 1:37, which wa~ the special order of the day, was taken up.
Pending the consideration of the bill, upon motion of Mr. Brown, the bill was recommitted to the CommittE'e on Agriculture.
The hour for the order of the day having arrived, House bill Xo. 188 wa;.; take[l np.
The bill was read the third time
The Finance Committee, to which the bill was referred, returned the same without recommendation.
Upon motion of Mr. Felton, of Bartow, the House resolved itself into a Committee of the Whole House.
As the bill urovidcs for an appropriation, Mr. Felton, of Bibb, was called to the chair.
The Hou;;e then went into a Committee of the 'Vhole Home.
Mr. Felton, of Bibb, chairman of the Whole Honse, made the following report :

11b. Spcake1:
The Committee of the Whole House has have under consideration House bill No. 1R8, and report some progress, and asks leave to sit again.

FRIDAY, JULY 29, 188i.

181

Upon motion, the House ac~jonrned until to-morrow morning at 9 o'clock.



ATLANTA, GEORGIA,
Friday, .July 29, 1887.

The Honse met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Mes!"rs.-

Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, BernPr, Birch more, Black, Blaloek, Br11nch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, C!indler, Chappell, Cl11y of Cobb, Clay of Walton, Coggins, Comer, Coney, Uook, Crawford,

Hand, Hart, HHrrell of Decatur, Harrell of "Vebster, Harrison of Franklin, Harrison of Quitman, Harper, Hnrvey, Harris of Catoosa. Harris of Columbia. Hawkins. Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell,. Hughes, Huft, Humphries of Brooks, Hunt, Hutchison, Iler, .Tohnson of DeKalb,

~orris,
Olive, Parker, Peep leo, Perkins, Perry, Pit:kett, Pittman. Preston, Hay, Reid; Reilley, Heynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Bussell of Polk, Schofield, Shewmake, Himnlons, S1n1s, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stew11rt of Mitehell,

182

JounxAL OF THE HousE.

Darden, Denney, DuBose, Duggan, Durrance, Fagan, Felton of Bartow. Felton of Bibb, Felton of Maeun. :Featherston, Fortner, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clny, Greene of 1Iadison. Gresham, Griffith. Grindle, Hagan, Hale. Ham,

.1ohnson of Echols, .Tones, Kenan, Kennedy,
Ke~,
Kimbrough, Lamar, Lani.er, Little of Talbot,
I_.~umsden,
:Madden, .\Iuthewo<, .\Iuuney, .\I ilk :Mixon. :\[on roe. }forgan. Mow, .\reCord, }lcGhec, }JcGarrity, }lcLendon, }[eKibhen, :VI cCleskey, :VIc :\iiehael. Newton. Nichols.

Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Vickers, Walker of ]<'loyd, Walker of Putnam, \Vatti', Watson, \Vay, Wei I, West, Whale_,., Wheeler, Whelchel, \Villiams of Harris, Williams of Jackson, Williams of Upson, \Vilcox, Wilson, Worsham, :\T r. 8peaker.

Those ahsent were :Messrs.-

Adams of Elbert. Brady, Dodgen, Evans, Fordham,

Humphries of Clinc:h, .Johnson of ~creven. :\lcLane,
Pn~e-.

Rawls, Stevens,
Vea>~ey,
-vining.

Mr. Lumsden, of the Committee on Journals, reported that the ,Journal of yesterday\ proceedings had been examined and found correct.

The ,Journal was then read and approved.

Leave of ahsence was granted to the following members, to-wit: Me;;srs. Thomas, Mills, Strickland, Hunt, .Jones, Evans, vVheeler, Ham, Harrison of Quitman, Heilley, Buchan, Franklin, Kimbrough, Ta,vlor, Harris of Columbia, Howard, Moye and Perry.

FRIDAY, JULY 29, 1887.

183

Mr. Calvin offered the following resolution, which was read. and adopted, to-wit:
Resolved, That immediately after the reading of the Journal to-day, one hour and a half shall be devoted to the call of the countier; for the introduction of new matter.
Upon motion of Mr. Calvin, 400 copies each ot House bills Nos. 673 and 674 were ordered printed 1or the use of the House.
Upon motion of Mr. Calvin, the following resolution was taken up, read, and adopted, to-wit:
A resolution providing for the printing of the daily abstract of the Journal, fot the use ot the Honse.
Upon motion of Mr. Maylor, House bill No. 60l was withdrawn.
Upon motion, House bills Nos. 481 and )88 wen~ withdrawn.
Mt. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

M1. Speaker :
The Committee on Counties and County Matters have had nuder consideration the following bill, whieh they instruct me to report back to the House with the recommendation that it do pass, to-wit :
A bill to authoriY-e the Commissioners of Roads and Revenue to issue and sell bonds of the county for building jail, etc.
Also, the f(Jllowing hill which they recommend tlo not pass, to-wit :
A bill to abolish the County Court of Henry county. Respectfnlly submitted.
J. M. TERRELL, Chaitman.
Mr. Calvin, chairman of the Committee on Education, submitted the following report:

18-!

Jm;R~AL OF THE HousE.

Mr. Specth'J" :
The Committee on Education have had undet eom>ideration the following bilb, which they in:-;truct me to report back, with the recommendation that the same rlo pass, towit:
A bill to be entitled an act to amend, revise, and consolidate the common school laws of the State of Georgia.
Also, a bill to be entitled an act to pto,,ide for holding annually. in the State, Teachers' Institute:-;; to provide fees for the support of the same, and for other purposes.
Re~pcctfitlly submitted. MARTI~ Y. CALVIN, Chairman.

~Ir. Chappell, chairman of the Committee on Railroads, submitted the following tepot't :

Jfr. 8perrkcr:
The Committee on Railroads have had under consideration the following House bills, whieh I am directed to report hack with the recomendation that the same do pass, to-wit:
.\.bill to amend an act to incorporate the Rome and Carrollton Railroad Company, so as to change the name to the Chattanooga, Rome and Columhu.~ RaiJrqad Company.
Abo, a bill to amend an act to ineotpmate the Rome and Xortheast Railroad Company, by striki!1g the proviso requiring the direction of said road to be at least ten miles ftom any other road.
The committee have abo had under consideration the following bill, which they report back, with the rer~ommen dation that it. do pass, as amended, to-wit:
A bill to incorporate the Blue Ridge and Atlantic Railroad Company.
The committee also report back the following House bill

FRID.A v, Jm:Y 29, 1887.

185

and recommend that it be read a t>econd time and recommitted to !>aid committee, to-wit:
A bill to incorporate the Savannah, Macon and Birmingham Railroad Company.
Respectfully 1-mbmitted. TH<nrAs J. ( HAPPELL, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:

J11. Speaket .
The committee on Finance have had under consideration the following bill and resolution, which I am instructed to retti.rn to the Honse, with the recommendation that they do pass, to-wit :
. A bill to appropriate twenty-senn dollars and eighteen cents for the payment of executive warrant ~o. 57, is;,med in favor of .Tames H. Worrill.
Also, a resolution for the relief of the Norwich Guion Fire Insurance Society of England.
They have also had under eon;.;idemtion the following bills, which I am instructed to return to the Housf', with the recommendation that they do not pass, to-wit :
A bill to levy ~ tax upon the owners of dogs in the State of Georgia.
Also, a bill for the relief of IsaacS. Boyd, of the county of Fulton.
Also, a bill to provide fot' the examination of the books of Tax Collectors by thP Comptroller' General, through an officer appointed for that purpose; to fix his compensation, and for other purposes.
They have also had under consideration the following bills, whieh I am instructed to return to the House, with the rPcommendation that the introducer be allowed to withdraw, to-wit :

186

JouRNAL OF THE HoeHE.

A bill to appropriate to the county of 'Vashington the sum of three thousand, three hundred and forty-one dollars and fifty-three cents, expended by said county of Washington in quelling and putting down an insurrection against the authority of the State, in the counties of 'Vashington, Johnson, Laurens, and other counties, in the month of August, 1875.
Also, a bill for the relief of Dinky Brown, of Upson county; to authorize him to peddle anywhere in this State, without paying any tax, general or special, either to the State or any county thereof, or a license therefor.
Respectfully submitted. WM. W. GoRDOK, Chuirman.
Mr. Tate, chairman of the Committee on Special Judiciary, submitted the following report:
llfr. Speake!' :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back, with the teeommendation that the same do pass, to-wit:
A bill granting to Thomas M. Xichols, Jr., of Towns county, the priYileg-e of peddling in Georgia without license.
Also, a bill to authorize and require the registration of all voters in the county of Clav, and for other puqusPs.
Also, a bill to ptohibit the fishing and hunting on the land ot another, in the eounty ot Irwin, without consent of the owner or petson having eharge of the samP.
Also, a bill to regulate the eapture of terrapins in the waters of thit'l State ; to provide penalties for a violation of the same, and for other purposes.
The committee l1ave also had under consideration the following bills, which they instnwt me to report back with the recommendation that the same do pass, a,.; amended, to-wit :

FRIDAY, JULY 29, 1887.

187

A bill to change and define the time of holding the Superior Courts of the counties of Quitman and Clay, and to allow the Superior Court in Clay county to sit for two weeks, when necessary, and to provide for the drawing of two panels of petit jurors in said county, and for other purposes.
Also, a bill repealing au act requiring the roads of Rabun, Towns, Union, Fannin, Pickens and Gilmer counties to be made fourteen feet side digging.
Also, a bill for the protection of the fish in Hiawassee River in Towns county, abov2 the mouth of Little Choostori on W. R. McConnell's land, and all it;; eontributary waters.
The committee have also had under consideration the following bill, which they instruct me to report back with the recommendation that the same be referred to the Committee on General Judiciary, to-wit :
A bill to require Justice;; of the Peace and Notaries Public and e.r-offieio ,Jnstices of the Peace to ncord trans-
cript of fi. fas., etc.
The committee have also had under consideration the following bill, which they instruct me to report back with the recommendation that the introducer have leaYe to withdraw the same, to-wit:
A bill to exempt from city taxes that part ot lot of land No. 191 in 9th district of Randolph county, Georgia, belonging to Mrs. Sallie F. Westmoreland, which lit>s within the corporate limits of the city of Cuthbert.
Respectfully submitted. F. C. TATE, Chairman.
Mr. Felton, of Bartow, chairman of the Committee on LunaticAsylnm, submitted th'e following repol't:

Mt. Speaker : The Committee on Lunati< Asylum have had under con-

188

JouRNAL oF ,THE HousE.

sideration the following bills which they instruct me to report back with the recommendation that the same do pass, to-wit:
A bill to repeal an act entitled au act for the relief of the State Lunatic Asylum, approved February 28, 1874, and for other purposes.
Also, a bill to amend sections 1341 and 13~~ of the Code of 1882.
Ref<peetfully submitted. \Y. H. FELTo;:.;, Chairman.
Mr. Hawkin,.., chairman ot the Committee on Public Printing, submitted the following report:

Mr. Speaker:
The Committee on Public Printing have had upder considerati0n the resolution of the gentleman from Richmond (Mr. Cal yin), which provides for the printing, daily, of two hnndtwl copies of a full abstract of the Journal of the Honse for the information of the members, and has instrnctC'd me to report the same back to the House with a recommendation that it do pas:-;.
Rt>spectfully :-;ubmitted. S. 'V. HA"Krxs, Chairman.
Nh. Duggan, chairman of the Committee on Enrollment, ~;ubmitted the following repMt:

Mr. Speaker:
ThP Committ!e on Enrollment report as duly enrolled, and :-;igned by the Speaker of the House o( Representatives and President of the Senate, and delivered to his Excclleney, the Governor, the following aets, to-wit:
~ln act for the protection of cemeteries and burying places in this State, and to prevent. and punish the unauthorized use of, and traffic in, dead human bodies; and for the promotion of medi(:a.l science by the distribution and use of unelaimed dead human bodies for scientific purposes,

FHIDAY, JuLY 29, 1887.

189

through a board created fi)r that purpose, and for other purposes.
Also, a resolution commending the National Colored Industrial Exposition to be held in Atlanta in 1888.
Respectfully ~mbmitted. IvY ,V. DL<WAN, Chairman.

Upon the call of the eounties for the introduction of new matter, the following bills were introduced, read the t]r,.;t time, and referred to th<' Committe<' on Corporations, to-wit:

By Mr. Howell-

A bill to amend the charter of the Atlanta Home Insurance nompany, ineorporated by act of the Legislature of this State, approve,} September 30, 1881, by ve,;ting in said Company the power to become a purely Mutual Insnranee Company upon certain termil and condition,.;.

By Mr. Felton, of Maeon-
A bill to amend an act entitled an act to ineorporate the town of Montezuma, in the county of Ma<:on, and to provide for an election of Mayor and Aldermen for the same' ; approved October l:Z, 1877, and for other purposes.

Also, a bill to incorporate the Montezuma Steamboat Company, and for other plll'poses.

By Mr. Little, of Muscogee-

A bill to continue in foree an act to investigate the GC'orgia .Insurance Company, approved December :20, 1860, and for other purposes.

The following bill;.; were introduced, read the first time

anrl

referred

to

the

Committee '

on

Special

.Judiciar.y,

to-wit:

By Mr. Perry-

A bill to amend section 813 of the Code of 1882. Also, a bill to amend the rharter of the town of Ellijay.

190

.JouRNAL oF THE HonsE.

By Mr. Coney-
A bill to provide for the registration of the legal voters of Lauren!:' county, and for other purposes.
By l\Ir. Hagan-
A bill to amend an act ineorporating the town of Valdo,.;ta, in the county of Loundel", approYt>d Deeember 7, HH)O, and the ,-eyeral acts amendatory tht>renf, so as to incr!'a.~c the ntunbet of aldermen, and fot other purposes. By :\Ir. H nghe,.;-
A bill to reliew Thoma:-; DaYis, ~~:., ;.;eenrit: on the penal bond of Gemge W. Davidson, etc.
Also, a bill to relieve ,J. Y. Hill, ,.;ecnrity on the penal
bond of Berrian Davi,.;, etc.
Also, a bill to <'reate a County Con1t for the County of Montgomery, in this :-\tate.
The following hills were introdtHed, read the first time, and referred to the Committee on Counties and County Matters, to-,\it :
Bv Mr. Sim~-
A hill to provide for the payment of fee:-; to sueh jurors who may be summoned to appear, and who after having obeyed .~uch ,.;u mmon~<, are excH:-:ed by the <'Otut, on its motion, without being ,.:worn, and for other purposes.
lh ~h. Howard-
A bill to create a board of Commi~.~imwrs of Roads and ReYenuts of McDuffie <otmty; to define their powers and duti(s, and tor other purpose~.
By Mr. Hughes-
A bill f(Jr the protection of game and in,.;el'tiverous birds and bird,; of song, and for other purpo"'es, in the <'OHnty of Montgomery.
The following bills were introduced, read the first time
and referred to the Committee on General .T ndiciary, to-wit.:

FRIDAY, JuLY 29, 1887.

191

By Mr. WestA bill to amend section 2010 of the Code of 1882.
By Mr. MathewsA bill to amend :-;eetion 157H of the Code of 1f\82, etc.
By Mr. WayA bill to punish for defacing or tearing down notices
posted by the railroad companies of this State. Also, a bill to amend t;ection 708 ot the Code of Gt>orgia
of 1882. The following !Jilt \\'aS introduced, read the iin:t time
and referred to the Committee on Banks, to-wit:
By Mr. ParkerA bill to incorporate the Hartwell Loan and Saving-s
Bank, etc. The following bill" and resolutions were introduced, read
the first time, and referred to the Committee on Financt>, to-wit:
By Mr. t:ltewart, of MarionA bill to allow the Ordinary of Marion county to levy a
tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 188H to pay off the indebtedness of "aid county.
By Mr. ChappellA re~;olntion for the relief of The Mutual Reserve Fund
Life A~;sociation.
The following resolution was introduced, rearl the first time, and referred to Committee on Internal Improvements, to-wit :
By Mr. Little, of Muscogee-
A resolution to further the improvement of the Flint, Chattahoochee and Apalachicola Rivers.

1!12

JoGRNAL oF THE Hon;E.

Upon motion, the following resolution waf' taken ur and. adopted, to-wit :
By Mr. McLendon-
A resolution, authorizing the f'uh-committee appointed by the Penitentiary Committee to employ a stenographer and sergeant-at-arms, and to provide compensation for the same, etc.
The hour f()r the order of the day having arrived, the House went into a Committee of the 'Vhole Honse ; Mr. Felton, of Bibb, called to the chair.
Mr. Felton, of Bibb, chairman of the Committee of the 'Vhole House, submitted the following report:

Mr. Speaka :
The Committee of the ..Whole Honse have had under <"Onsideration Hou~e bill Xo. 188, which they instruct me to report .~ome progress, and asks leave to sit again.
Upon motion of Mr. Felton, of Bartow, the further consideration of House bill No. 188 was made the special order for Thursday next, the -Hh of August, immediately after the reading of the .Journal.
r pon motion the House adjourned until to-morrow
morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday, J nly ;30, 1887.
The House met pursuant to adjoumment; was called to order by the Speaker, and opened with prayer by the Chaplain.
Upon motion of Mr. Gordon, the roll call was dispensed with.
Mr. Lumsden, of the committee oD Journals, reported that

SATURDAY, JULY 30, 1887.

193

the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Walker, of Putnam, 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 request me to report back, with the recommendation that they do pass, to-wit:
A bill entitled an act, approved March 5, 187t.i, which amended an act approved March 20, 1873, so as to apply the provision of said act of 1873 to the incorporate towns and villages of Harris county.
Also, a bill entitled an act to amend an act approved February 17, 1876, fixing the license for sale of spirituous liquors in Emanuel county at the sum of one thousand dollars, by substituting for the word "one," the word "ten," and for other purposes.
Also, bill No. 255, which is a bill to be entitled an act to make it unlawful for any minor to misrepresent his age for the purpose of obtaining spirituous liquors, which they request me to report back, with the recommendation that it do not pass.
Respectfully submitted. K. S. WALKEF, Chairman.

Mr. Tate, chairman ot the Committee on Speeial Judiciary, submitted the following report:
Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bill of the House, which I am instructed to report back with the recommendation that the same do pass, as amended, to-wit:
13

194

JouRNAL oF THE HousE.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Clayton.
Also, the following bill, which they report back with the recommendation that the same do not pass, to-wit :
A bill to alter and amend section 5u~ (z) of the Code of 1882, as to the manner of providing for the change of county site.
Respectfully submitted. F. C. TATE, Chairman.

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

Mr. Speaker:
The Committee on Finance have had unde1 consideration the following bills and resolutions, which they instruct me to report back with the recommendation that they do pass, to-wit :
A bill to amend section 9 of the General Tax Act for 1887 and 1888.
Also, a bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889 to pay off the indebtedness of said county.
Also, a resolution for the relief of the Mutual Reserve Fund and Life Association.
Respectfully submitted. W. W. GoRDON, Chairman.
By unanimous consent, the following bills were withdrawn, to-wit: Nos. 70, 176, 2.55, 459, 46'2 and 463.
Leave of absence was granted to the following members, to-wit : Messsrs. W eil, Comer, Henry, Hunt, Norris, Berner, Moye, Fortner, Reynolds, Smith of Gwinnett, Harrell of Decatur, Evans of Washington, Cook, Monroe of Calhoun, and Worsham.

SATURDAY, JULY 30, 1887.

195

By unanimous consent, the following bills were taken up and read the second time, to-wit :
By Mr. KenanA bill to amend section 1341 and 1344 of the Code of
1882.
By Mr. Felton, of MaconA bill to create the office of Solicitor for the County Court
of Macon county.
Upon the continuation of the call of counties for the introduction of new matter, the following bills were introduced, read the first time, aud referred to the Committee on General Judiciary, to-wit :
By Mr. ChappellA bill to alter and amend section 1969 of the Code of
Georgia, which relates to conveyances and bonds to reconvey.
By Mr. MorganA bill to amend section 3976 of the Code of Georgia.
By Mr. LamarA bill to authorize a citizen of this State to use the name
of the State in proceedings of quo warranto and other cases, when the State is a necessary party, upon giving bonds to pay costs.
By Mr. SimmonsA bill to amend section 4574 of the Code of Georgia. Also, a bill to amend section 1646 of the Code of Geor-
gia, which relates to fees of Solicitors General.
By Mr. WheelerA bill to amend paragraph 7 of section 7, article 3, of
the Constitution of 1877, providing that every bill, before it shall pass the Legislature, shall he read three times, and on three separate days, in each House, unless in cases of actual invasion or insurrection, so that upon introduction, every bill shall be read by caption only, and the second and third readings shall be in full.

196

JouRNAL OF THE HousE.

By Mr. McLendonA bill to punish cheating or attempting to cheat railroad
companies, by failure or refusal to pay fare, a~d for other purposes.
Also, a bill to amend section 710, of the Code of Georgia, of 1882.
Also, a bill to authorize the Judge of the Superior Court of this State to accept pleas of guilty and pass sentence in vacation, and to declare the Superior Courts of this State always open for such purpose.
By Mr. FouteA bill to alter and amend section 3910 (a) of the
Code, etc.
The following bills were introduced, read the first time and referred to the Committee on Special Judiciary, to-wit:
By Mr. CalvinA bill to amend an a('t entitleu an act to provide a Board
of Assessors of real and pcn;onal property subject to taxation for the county of Richmond, and for other purposes, approved October 10, 1885, by adding to section seven of said act, the words, " for the purpose of hearing and determining appeals, taken from their assessments; the said Board of Assessors shall meet in the Tax Receiver's office from time to time, up to the first day of July of each year," and for other purposes.
Al:<o, a bill to amend an act entitled an act to establish in the county of RiC'hmond, of this State, a Retormatory Institute, and for other purposes; approyed October 5, 1885.
By Mr. SimmonsA bill to repeal an act entitled an act for the disposition of
fines and forfieitures in cases arising from the County Court of Sumter county.
By Mr. WbaleyA bill to prohibit hunting or fishing on the lands of
another, in 'Vayne county, without the consent of the owner of the land.

SATURDAY, JULY 30, 1887.

197

By Mr. Humphries, of BrooksA bill to amend paragraph 7, of section 7, of article 3,
of thP Constitution, in regard to the reading of bills before the same shall pass.

By M1. McLendonA bill to require and provide for the registration of
the legal voters of Thomas county, and for other purposes.

By Mr. Franklin..\. bill to amend an act entitled an act to provide for a
Board of Commissioners of Roads and Revenue for the counties of Camden, Thomas and Echols, approved February 20, 1873, so far as the same relates to Thomas county, so as to provide that no more than two such commissioners shall reside in any one militia district, nor more than one in any district except the Thomasville district.

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

By Mr. ChappellA resolution to provide for the payment to Mrs. E. H.
Bedell, of certain coupons due on bonds stolen from her in 1882.

By Mr. Smith, of GlennA bill to appropriate money arising from liquor licenses
to educational purposes, in the county in which the sale of the same is licensed.

By Mr. Russell, of ChathamA bill to appropriate money to pay James Hunter, in
settlement ot certain coupons of the Macon & Brunl-lwick Railway Company therein enumerated.
By Mr. AtkinsonA reioiolution for the relief of J. L. Carmicheal, of Cow-
eta county.

The following bills were introduced read the first time

and referred to the Committee on Railro' ads, to~wit:

'

198

JouRNAL OF THE HousE.

By Mr. Watson-
A bill to require locomotive engineers in this State to be examined and licensed by a board to be appointed by the Gt <:Jrnor, and for other purposes.
By Mr. Russell, of ChathamA bill to incorporate the Savannah, Vernon and Rosedew
Railroad Compan~', and for other purposes.
By Mr. Stewart, of RockdaleA bill to incorporate the Long Shoals and Rockland
Railroad Company; to confer certain powers and privileges, etc.
The following bill was introduced, read the first time and referred to the Committee on Military Affairs, to-wit :
By Mr. GordonA bill to amend an act entitled an act to provide for the
better organization, government and discipline of the volunteer troops of this State, by striking out so much of section 12 of said act as grants exemption from jury duty to special pay members.
The following bills were introduced, read the first time, and referred to the Committee o~ Corporations, to-wit:
By Mr. McCordA bill to incorporate the Augusta Steamboat Company,
and for other purposes.
By Mr. Russell, of ChathamA bill to incorporate the town of Ocean City, on Tybee
Island, in Chatham county ; to grant certain powers and privileges to the same, and for other purposes.
The following joint resolution was introduced, read the ficst time, and referred to the Committee on Public Property, to-wit:
By Mr. HowellA rer-mlution providing for th~) appointment of a Com-
mission to report as to the needs and probable coRt in the

SATURDAY, JULY 30, 1887.

199

equipment and furnishing of the new State Capitol building.
The following bill was introduced, read the first time, and referred to the Committee on Roads and Bridges, towit:
By Mr. PeeplesA bill to repeal section 671 of the Code of Georgia, and
for other purposes.
The following bill was introduced, read the first time and referred to the Committee on Temperance, to- wit:
By Mr. GreshamA bill to prohibit the sale of spirituous, malt or intoxi-
cating liquors within three miles of Mount Carmel Church, in Walton county, near the Oconee line.
The following bills were introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit :
By Mr. MauneyA bill to create a Board of Commissioners of Roads and
Revenues, in the county of Union, and for other purposes.
By Mr. HendersonA bill to create a Board of Commissioners of Roads and
Revenues for the county of Irwin, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Agriculture, to-wit :
By Mr. CalvinA bill to amend section 2850 (a) of the Code of 1882,
etc.
The following resolution offered by Mr. Chappell, was read and adopted, to-wit :
A resolution instructing the Railroad Committee to report by bill or otherwise, concerning enforcement of the constitutional inhibition againt'lt monopolies.
The following resolution was introduced, read the first

200

JouRNAL OF THE HousE.

time, and referred to the General J ndiciary Committee, to-wit:

By Mr. McLendonA resolution to amend Hom.;e rule No. 98, etc.

Upon motion, House bill No. 705 was recommitted to the Special Judiciary Committee.

A petition from Dade County Coal Mines was offered and referred to the Committee on Penitentiary.

By unanimous consent, House bill No. 344 was takt~n up for a third reading.
Upon inotion of Mr. Rus;:;ell, of Polk, the bill was tabled. By unanimous consent, the following bills and resolutions were taken up aml read the second time, to-wit:

A bill fixing the fees of the Ordinary of Chatham county.

Also, a bill incorporating the Georgia Mutual Insurance

Company.

.

Also, a bill to create a Boatd of Assessors for Chatham

county.

Also, a bill authorizing the Commissioners ot Roads and

Revenues of Burke county, to issue and sell bonds of the

county for building jail, etc.

Al,;o, a resolution for the relief of the Mutual Reserve

Fund and Life Association.

Also, a bill to create a Board of Commissioners of Roads

and Revenues for the county of Clayton, and for other pur-

poses.

Also, a bill to change and define the time of holding the

Superior Courts of the counties of Quitman and Clay, and

to allow the Superior Court of Clay county to sit two

weeks when necessary, and to provide for the drawing of

two panels of petit jurors in said county-one for each

week.

Also, a bill to incorporate the Marietta Bank, etc.

Also, a bill to ratify the consolidation of the Augusta

and Knoxville Railroad Company and the Port Royal and

Augusta Railway Company, etc.

SATURDAY, JULY 30, 1887.

201

Also, a bill to appropriate twenty-seven dollars and eighteen cents for the payment of executive warrant No. 57, issued in favor of J. H. Worrill.
Mr. Way moved that the balance of the morning session be devoted to reading bills a second time.
Upon the question of agreeing to this motion, no quorum voted.
The Speaker caused the roll to be called, to ascertain if a quorum was present.

The roll was called, and the following members answered to their names :

Those present were MessrR.-

Adams of Greene, Atkinson, Bailey, Belt. Birch more, Blalock, Branch,
Brew~ter,
Calvin, Cameron, Candler,
Ch>~ppell,
Clay of Cobb, Clay of Walton, Comer, Coney. Crawford, Darden, Denney, Dodgen, DuBose, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Foute,
Franklin of Thomas, Gardner, Gordon, Glenn,

Harris of Columbia, Perkins,

Harvey,

Pickett,

Hawkins,

Pittman,

Hayes,

Preston,

Henry,

Ray,

Henderson,

Rawls,

Hill of Meriwether, Reynolds,

Hill of Wilkes.

Rich,

Holland,

Rountree,

Howard,

Russell of Chatham.

Hughes,

Russell of Clarke,

Huff,

Russell of Polk,

Humphries of Brooks, Schofield,

Hutchison,

Shewmake,

Iler,

Simmons,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Smith of Jefferson,

Kenan,

i':ltewart of Mitchell,

Kennedy.

Stewart of Rockdale,

Key,

Stovall,

Kimbrough,

Tate,

Lamar,

Terrell,

LaniPr,

Vickers,

Little of Talbot,

Walker of Floyd,

Lumsden,

Walker of Putnam,

Maclden,

Watts,

Mauney,

Watson,

McCord,

Way,

McGhee,

West,

McGarrity,

Whaley,

202

JouRNAL OF THE HousE.

Greene of Clay, Greene of Madison, Grindle, Hagan, Hale, Hart, Harrison of Franklin, Harper, Harris of Catoosa,

McKibben, McCleskey, McMichael, Newton, Nichols, Norris, Olive, Parker,

Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr, Speaker.

Those absent were Messrs.-

Adams of Elbert, Arnheim, Ashley, Berner, Black, Brady, Bray, Brown of Henry, Brown of Cherokee, Buchan, Coggins, Cvok, Duggan, Evans, Felton of ::\'lacon, Featherston, Fortner, Fordham, Franklin of Fannin, Gamble,

Gibson, Gresham, Griffith, Ham, Hand, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Holleman, Howell, Humphries of Clinch, Hunt, .Johnson of Screven,
~Jones,
:\I athews, ~I ills,
~Iixon,
~Ion roe, Morgan, :\foye,

McLane, McLendon, Page, Peeples, Perry, Reid, Reilley, Sims, Smith of Crawford, Smith of Glynn, Stevens, Stewart of Marion, Strickland, Taylor, Thomas, Vaughn, Veazey, Vining, vVeil, Wheeler.

A quorum was found to be present.

Upon motion, the House adjourned until Monday morning at 9 o'clock.

ATLA~TA, GEORGIA,
Monday, August 1, 1887.
The House met pur,.;uant to adjournment; was called to order by Mr. Clay, Speaker pro tem., and opened with prayer by the Chaplain.

MoNDAY, AuGusT 1, 1887.

203

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, Ashley, Atkinson, Builey, Belt, Berner, Birch more, Black, Blalock, Branch, Bray, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coney, Crawford, Denney, Dodgen, DuBose, Durrance, Fagan, Felton of Bibb, Felton of Macon, Featherston, Fonte, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn, Green of Clay, Greene of Madison, Grindle, Hagan, Rule, Ham,

Harvey, Harris of Catoosa, Harrie of Columbia, Hawkins, Hayes, Henderson, Hill of ~leri wether, Hill of Wilkes, Holland, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler. Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kenan, Kennedy. Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Mathews, Mauney, Mixon, .Monroe, Morgan, Moye,
~lcCord,
;'\'lcGarrtty, McLendon, McKibben, McCleskey, McMichael, Newton, Nichols,

Peeples,

Perkins,

Pickett,

Pittman,

Preston,

Ray, Rawls,



R~id,

Reilley,

Rich,

Rountree,

Russell of Chatham,

Russell of Clarke,

Russell of Polk,

Schofield,

Shewmake,

Simmons,

Sims,

Smith of Glynn,

Smith of Gwinnett,

Smith of Jefferson,

Stewart of Mitchell,

Stewart of Rockdale,

Stewart of Murion,

Stovall,

Strickland,

Tate,

Taylor,
v- aughu,

Vickers,

Walker of Floyd,

\Valker of Putnam,

\Yatts,

\Vatson,

Way,

Wei!,

\Vest,

Whaley,

\Vhelchel,

Williams of Harris,

\Villiams of Jackson,

\Villiams of Upson,

201

JouRNAL OF THE HousE.

Hand,

Norris,

Harrison of Franklin, Olive,

Harper,

Parker,

Wilcox, Wilson, Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Arnheim, Brady, Brown of Henry. Coggins, Comer, Cook, Darden, Duggan, Evans, Felton of Bartow, Fortner, Fordham, Franklin of Fannin,

Gibson, Gresham, Griffith, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Henry, Holleman, Jones, Key, :\lad den, .Vlills,

McLane, McGhee, Page, Perry, Reynolds, Smith of Crawford, Stevens, Terrell, Thomas, Veazey, Vining, Wheeler, Worsham.

Mr. Lum:oden, of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct.

The Journal was then read and approved.
Leave of absence was granted to the iollowing membei'S, to-wit : Messrs. Hill of Meriwether, Terrell, Smith of Jefferson; Stewart of Marion, Arnheim, McGarrity, Peeples, Brown of Henry, Gresham, Coggins, Madden, Duggan, Little of Muscogee, Reilley, Smith of Gwinnett, Hart, Ru:osell of Clark, and Johnson ot Screven.
The unfinii;hed business of the previous session was taken up, to-wit :
A resolution by Mr. Russell, of Clarke, relating to meeting and adjournment of the House.
Upon motion the resolution was tabled.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

MoNDAY, AuousT 1, 1887.

205

Mr. Speaker :
The Governor has approved and signed the following act, to-wit:
An act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to fix the amount of the surplus or sinking fund permanently at one hundred and seventy five thousand dollars, and to authorize temporary loans from time to time not exceeding seventy-five thousand dollars in any one year, etc.
Mr. Russell, of Clarke, chairman of the Committee on Banks, submitted the foll0wing report:

Mr. Speaker :
The Committee on Banks, have had under consideration the following bills, which they recommend do pass, to-wit :
A bill to incorporate the Austell Banking Company. Also, a bill to incorporate the Citizens Bank of Savannah. Also, the following bill, which they recommend do pat>s, by substitute, to-wit:
A bill to prevent officers of hanks from taking, borrowing or using, for their own nse, any money of said bank without the permission of the Board of DirectorR thereof; to provide for the character and contents of said permission ; to provide penalties for a violation of the same, etc.
Respectfully submitted. R. B. RussELL, Chairman.
Mr. Featherston, chairman pro tem. of the Committee on Corporations, submitted the following report.

Mr. Speaker :
The Committee on Corporations beg leave to report that they have had under consideration House bill No. 701, entitled an act to incorporate the Augusta Steamboat Cem-

206

JouRNAL oF THE HousE.

pany, and for other purposes, and instruct me to report the same back with the recommendation that it do pasA.
Respectfully submitted. C. N. FEATHERSTON, Chairman pro tern.
Mr. Kenan, acting chairman of the Committee on Public Property, submitted the following report:

ilfr. Speaker :
The Committee on Public Property have had under consideration a resolution providing for the appointment of a commission to report as to the needs and probable cost in the equipment and furnishing of the new State Capitol building, and recommend that the resolution do pass.
Respectfully submitted. THos. H. KENAN, Acting Chairman.

Mr. \Vatts, chairman pro tern. 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 Representativet., the following acts, to-wit :
An act to amend section 4003 of the Code of 1882 relating to the sale of lands and tenements by commissioners, where the same are sold under proceedings for partition.
Also, an act to repeal paragraph 5 of section 3854 of the Code of 1882 and make an amendment in lieu thereof.
Also, an act to repeal an act entitled an act to amend section 1689 (n n) of the Code of 1X82, by inserting after words ''paid in," in the fifth line of said section, the followlowing, "or if the necessities of th> road require more than one half ot the amount of capital stock already actually paid in then to the amount of three thousand dollars per mile," and for other purposes; approved December 12, 1884.

MoNDAY, AuGUST 1, 1~87.

207

Also, a bill to incorporate the town of Williamsburg, in the county of Calhoun, and for other purposes.
Respectfully submitted.
.R. F. WATTS, Chairman pro tem.
The following message was received from the Senate, through Mr. W. A. Harris, Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to repeal paragragh 5 of section 3854 of the Code of 1882, and make an amendment in lieu thereof; yeas 36, nays 0.
Also, a bill to amend section -1003 of the Code of 1882, relating to the sale of lands and tenements by commissioners, where the same are sold under proceedings of partition ; yeas 35, nays 0.
Also, a bill to amend section 1689 (nn) of the Code of 1882, by inserting after the words "paid in" in the fifth line of said section, the following: " or if the necessities of the road require more than cne-half the amount of the capital stock already actually paid in, then to the amount of three thousand dollars per mile, and for other purposes; approved December 1:l, 1884; yeas 33, nays 0.
Also, a bill to incorporate the town of "Williamsburg in the county of Calhoun; passed by the requisite constitutional majority, yeas 32, nays 0.
Upon the call of the counties for the introduction of new business, the following bill was introduced, read the first time and referred to the Committee on General Judiciary, to-wit:
By Mr. OliveA bill to more effectually secure the benefits of cross-
examination by parties in cases where testimony is taken by interrogatories, and for other purposes.

208

JouRNAL oF THE HousE.

Upon mqtion of Mr. Berner, the rules were suspended, and House bills and resolutions for a second reading were taken up.
The following bills and resolutions were read the second time, to-wit :
A resolution demanding the repeal of the Federal tax on State Bank circulation.
Also, a resolution for the relief of the Norwicli Union Fire Insurance Society of England.
Also, a resolution appointing a committee to frame an addtess to the Senators and Representatives in Congress to introduce and take such measures as may expedite the passage of a bill in Congress to establish a national financial system, of which real estate shall be the basis.
Also, a resolution to pay G. Y. Tigner, stenographic reporter, and William Haralson, sergeant-at-arms, for services rendered before the investigating committee mvestigating charges againet J uclge Fain, etc.
By unanimous consent, the following bill was introduced, read the first time, ancl referred to the Special Judiciary Committee, to-wit :
By Mr. LumsdenA bill to prevent the hunting, killing and taking of deer
and wild turkeys in the county of White, during certain seasons, and providing penalties for the violation thereof.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Corporations, to-wit :
By Mr. ChappellA bill to incorporate the Columbus Gulf Navigation
Company; to confer certain powers and privileges, etc.
Bv unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:

MONPAY, AuGUST 1, 1887.

209

By Mr. LamarA bill to regulate the issue of warrants and habeas corpus
writs in extradition cases; to provide for the hearing of habeas corpus, and to prescribe the effect thereof.
Upon motion of Mr. Russell, of Clarke, the following resolution was taken up, read and adopted, to-wit :
Resolved, That commencing with to-morrow, the House shall meet at 10 o'clock a. m., and adjourn at 1 o'clock p.
m., except Saturday, when the hour of meeting shall be
9 o'clock, a. m., and adjourn at 12 o'clock, m.
By unanimous consent the following resolution was taken up, and upon motion of Mr. Harrell, the resolution was tabled, to:-wit :
A resolution providing for a committee to report as to the needs and probable cost in the equipment and furnishing of the new State Capitol, etc.
By unanimous consent, Hvuse bill No. 656 was taken up for a third reading.
Upon motion of Mr. Green, Qf Clay, the bill was tabled. Upon motion, House bill No. 146 was recommitted to Committee on Agriculture.
Upou motion, House bill No. 360 was recommitted to Committee on Finance.
The following bills and resolutions were read the second time, to-wit:
A bill to amend section 4600 of the Code.
Also, a bill to amend an act to incorporate the Metropolitan Street Railroad Company, etc.
Also, a bill to alter and amend section 534 of the Code of 1882.
Also, a bill to prevent foreign corporations doing business in this State from continuing business in this State after a removal of suits begun against them in the Courts of this State, to a United States Court.
14

210

JouRNAL OF THE HousE.

Also, a bill to authorize transferees of tax fl. fas. to collect lawful rate of interPst on said fl. fa. from date of transfer.
Also, a bill to amend section 288 of the Code of 1882. Also, a bill to substitute another section for section 3929 of the Code, as to the oath of Bailiffs. Also, a bill to incorporate the Georgia Terminal Railroad Company. Also, a bill to levy and collect a tax on physicians not permanently located, or persons claiming to be such, and for other purposes. Also, a hill to define what is posting lands when required by any general or local law of this State. Also, a bill to amend section 9 of the General Tax Act for 1887 and 1888. Also, a bill to repeal an act incorporating tl:e town of Swainsboro, in Emanuel county, and to provide a new charter, etc. Also, a bill to amend the charter of the town of Thomas ville, by extending its corporale limits, and for other purposes. Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien; to define their powers and duties, etc.. Also, a bill to provide for the registration of the qualified voters of Berrien county, and for other purposes. Also, a bill to create a County Court in the county of Early, etc. Also, a bill to regulate the catching of terrepins in this State, and for other purposes. Also, a bill to incorporate the Citizens Bank of Savannah, Georgia, and for other purposes.
Also, a bill to authorize the congregation of Beney Israel, of Columbus, Ga., to sell and by proper deeds to convey to the purchasers title to certain lands held by them for church purposes, in Columbus, Ga., and tor other purposes.
Also, a bill to prescribe the time uf cutting turpentine boxes, and fixing the penalty for the violation of the same~

MoNDAY, AuGUST 1, 1887.

211

Also; a bill to provicle for the surveying of all wild or unimproved lots of land before the wood or timber on the same shall be cut or removed, etc.
Also, a bill to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State, approved Septem her 8, 1885, etc.
Also, a bill to authorize the Mayor and Council of the town of ThomasvilJe to issue $15,000 of bonds for park purposes.
Also, a bilJ to incorporate the Augusta Steamboat Company, and for other purposes.
Also, a. bill to designate the officers of the County Court of Terrell county; to provide for their compensation, etc.
Also, a bill to amend an act to incorporate the Turtle aDd Altamaha Rivers Canal Company, and to grant certain privileges, etc.
Also, a bill to incorporate the St. Marys, Satilla and Turtle Rivers Canal Company, and for other purposes.
Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows HalJ at Cains, Gwinnett county, Ga.
Also, a bill to repeal section 2 of an act entitled an act to organize a Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes ; approved February 23, 1876.
Also, a bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, and for other purposes.
Also, a bilJ to incorporate the Savannah, Macon and Birmingham Railroad Company, which bill was recommitted to the Railroad Committee.
Also, a bill to amend an act to incorporate the Rome and CarrolJton Railroad Company, approved August 30, 1881, and the various acts amendatory theteof, etc.
Also, a bill to incorporate the town of Bartow, in J efferson county, etc.
Also, a bill to amend p~ragraph 30, section 1, of an act,

212

JouRNAL OF THE HousE.

approved March 2, 1874, entitled an act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes.
Also, a bill to incorporatP. the First Volunteer Regiment of Georgia; to empower the same to organize, hold and dispose of property, and to issue bonds, which may be a lien thereon, and for other purposes.
Also, a bill to incorporate the town of Kennesaw, in Cobb county, and for other purposes.
Also, a bill to amend an act entitled au act to authorize and rellllire the registration of all voters in the COUnty Of Cobb, and for other purposes.
Also, a bill to amend an act entitled an act to amend the charter of the town of Roswell, of Cobb county, approved September 13, 1883.
A.lso, a bill to prohibit the collection of attorneys fees from debtors in certain cases, and for other purposes.
Also, a bill to amend an act entitled an act to submit to the qualified voters of the towns of Calhoun and Resaca, of Gordon county, the question as to whether any spirituous, malt, yinou8, and other intoxicating liquors shall be sold within the corporate limits of sai~l town, approved October 1:3, 188.'"i.
Also, a bill to amend an act approved September 4, 1885, entitled an act to grant certain exemption to the Southern Cadets, a volunteer military company in the county of Bibb.
Also, a bill to repeal an act entitled an act for the relief of the State Lunatic Asylum, apnroved February 28, 1874, and to repeal an act to amend an act, approved October 17, 18HO.
Also, a bill to amend an act amending an act, approved March i), 18/i), which amended an act approved March 20, 187:3, so as to apply the pnwisions of said act of 1873 to the incorporate towns and village:,; of Harris county.
Also, a bill to empower the gquJd juries of the several counties of this State to recommend the levy of a county tax for the support of common schools, etc.

MoNDAY, AuGUST I, 1887.

213

Also, a bill to provide for the registration of qualified voters of the county of Campbell, etc.
Also a bill to declare all notes or other obligations for
the pay'ment of money which contains an agreement to pay
ten per cent. attorneys' fees for collection of the same in addition to the rate of interest specified therein, void, and of no effect.
Also, a bill for the relief of A. C. Daniel, of the county of Elbert. Also, a bill to prevent officers or agents of banks, or other corporations organized under the laws of this State, from taking, borrowing, or using for their own use, any money, or other property of said banks or other corporations, without the permission of the board of directors thereof, etc.
Also, a bill to incorporate the Eastman and Americus Air Line railroad, and confer certain powers and privileges, etc.
Also, a bill to amend section 3700 of the Code of 1882, t:egulating the fees of constables.
Also, a bill to make an approp1iation to pay. Chas. S. McCall, of Wilcox county, for an artificial leg under an act, approved December 4, 1866.
Also, a bill to amend an act entitled an act to incorporate the Macon City and Suburban Street Railroad Company; approved December 24, 188 J, etc.
Also, a bill to amend an act, approved September 22, 1881, extending the benefits of the act of September 20, 1879, to supply ex-Confederate soldiers who lost a limb or limbs during the war, to non-re~ident Georgia soldiers, etc., so as to further extend the provisions of said act to all ex-Confederate soldiers, who were non-residents of Georgia in 1879, but who have become bona fide citizens ot this State, and have resided herein after one year before making application for the allowance.
The following bills were read the second time, to-wit :

214

JouRNAL OF THE HousE.

A bill to adopt the provisions of the stock law, in and, for the 796th, 965th and 966th district, G. M., of Stewart county.
Also, a bill to amend section 2138 of the Code. Also, a bill to ratify and confirm the charter of the Eatonton and Madison Railway Company, obtained under the general law for the incorporation of railroads in this State, approved September 27, 1887, and the act amendatory thereof. Also, a bill to incorporate the Thomasville, Florida and Western Railway Company. Also, a bill to prohibit the sale of spirituous, alcoholic or malt liquors, within a radius of three miles of Pleasant Hill Methodist Protestant church, in the county of Jackson. Also, a bill to amend section 2628 (a) of the Code of 1882. Also, a resolution approving and confirming the settlement made hy the Governor, of the State claims, represented by bonds of the Spartanburg and Asheville Railroad. Also, a resolution for the relief of the Hartford Steam Boiler Inspection and Insurance Company. Also, a, resolution to authorize the sale or lease of certain property belonging to the State. Also, a bill to incorporate the Atlanta Chemical Company for the manufacture of commercial fertilizers; to grant certain powers, etc.
Also, a bill to allow fees to Justices of the Peace and Notaries Public, and ex-officio Justices of the Peace, in cases where no fees are now allowed by law.
The following resolution was taken up, and, on motion, tabled, to-wit:
A resolution providing for the appointment of a committee to investigate the Department of Agriculture, etc.
Upon motion, House bills Nos. 732 and 527 were recommitted to the Commitee on Special.Judiciary.
Mr. Simmons, of Sumter, offered the following resolution, which was read, to-wit:

TuEsDAY, AuGusT 2, 1887.

215

Resolved, That the House meet at 9 o'clock and adjourn at 10 o'clock p. m., and this order to continue until changed by the House.
Mr. Russell, of Clarke, moved to table the resolution. Upon this question the yeas and nays were called for.
Pending the consideration of the resolution, upon motion of Mr. Harris, of Catoosa, the House adjourned until tomorrow morning at 10 o'clock.

ATLANTA, GEORGIA,
Tuesday, August 2, 1887.
The House met pursuant to adjournment; was called to order by the Speaker pro tem., and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams gf Greene, Arnbeim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray,
Brown of Cherokee, Brewster, Buchan, Calvin, Cameron,

Hagan, Hale, Ham, Hand, Harrison of Franklin, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of 21-Ieri wether, Hill of Wilkes, Holland, Holleman, Howard, Hvwell,

Nichols, Norris. Olive, Parker, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Rich, Rountree, Russell of Chatham, Russell or Clarke, Russell of Polk, Schofield, Shewmake,

216

JouRNAL OF THE HousE.

Oandler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Durmnce, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Fonte, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle,

Hughes, Huff, Humphries of B::ooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key, Kimbrough, Lanier, Little of Talbot, Lumsden, Mathews, :Hanney, Mills, Monroe, Morgan, McCord, :\IcLane, }IcGhee, :\IcGarrity, .:\lcLendon, McKibben, MeCieskey, 3Ic Michael, Newton.

Simmons, Sims, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stovall, Strickland, Tate, Terrell, Vickers, vV alker of Floyd, vValker ot Putnam, Watts, Watson, \Vay, \Veil, \Vest, Whaley, \Vheeler, \Vhelchel, williams of Hurris, vVilliams of Jaeksn11, vVilliams of Upson, vVilcox, Wilson, Worsham, }lr. Speakbr.

Those absent were Messrs.-

Brown of Henry, Cook, Duggan, Evans, Fortner, Franklin of Fannin, Gibson, Hart, Harrell of Decatur, Harrell of Webster,

Harrison of Quitman, Hunt, Jones, Lamar, Madden, Mixon, Moyc, Page, Peeples, Reilley,

Reynolds, Smith of Crawford, Smith of Jefferson, Stewart of Marion, Taylor, Thomas, Vaughn, Veazey, Vining.

Mr. Williams, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been ex:.._ amined and found correct.

TuESDAY, AuGUST 2, 1887.

217

The Journal was then read and approved.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker :
The Committee on Finance have had under consideration the following bill, which I am instructed to return to the House,with the recommendation that the same do pass, as amended, to-wit :
A bill. to appropriate twelve thousand dollars for the purpose of completing, repairing and furnishing the buildings of the Georgia Institution for the education of the deaf and dumb.
They have also had under consideration the following bill, which they instruct me to return to the House with the recommendati~n that the introducer bP allowed to withdraw, to-wit :
A bill to pay Irwin Humphreys, of Wilcox county, for an artificial arm under an act approved December 4, 1866.
Respectfully submitted.
w~L w. GoRDO~. Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Felton of Macon, DuBose, Hunt, Lamar, Smith of Jefferson, Smith of Gwinnett, and Mixon.
The hour for the special order having arrived, upon motion of Mr. Glenn, House bill No. 514 was taken up.
The bill wal:l read the third time. Mr. Glenn offered the following amendment, to-wit:
Amend by adding to the first section of the bill the following: "Nor shall any school, college, or other educational institution in this State matriculate, or receive as pupils, both white and colored persons."
Upon the adoption of the amendment, the previous question was called, which call was sustained, and the main question ordered, and the amendment adopted.

218

JouRNAL oF THE HousE.

The report of the committee was agreed to; Upon the passage of the bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert. Adams of Greene, Ashley, Atkinson, Bailey, Belt, Birchmore, Black, Brady, Branch, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell. Clay of Walton, Coggins, Coney, Darden, Denny, Dodgen, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fordham, Foute, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn, Green of Madison, Gresham, Griffith,

Hand.

Olive,

Harrison of F1anklin, Parker,

Harper,

Perkins,

Harris of Catoosa,

Perry,

Harris of Columbia, Pickett,

Harvey,

Pittman,

Hawkins,

Preoton,

Hayes,

Ray,

Henderson.

Rawls,

Hill of Meriwether, Reid,

Hill of Wilkes,

Rich,

Holland,

Rountree,

Howard,

Russell of Chatham,

Howell,

Russell of Polk,

Hughes,

8chofield,

Huff,

Shewmake,

Humphries of Brooks, Simmons,

Hutchison,

Sims,

Iler,

Smith of Glynn,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Stevens,

Kenan,

Stewart of Mitchell,

Kennedy,

Stewart of Rockdale,

Key,

Stovall,

Kimbrough,

Strickhmd,

Lanier,

Tat<'.

Little of Talbot,

Vickers,

Matthews,

~Walker of Floyd,

llhuncy.

Walker of Putnam,

Mor!-!:an.

Watts,

}lcCord,

\Vatson,

::'llcLane.

Way.

::\leG !we,

Wei!.

::'licGarrity.

West.

:\lcLendon,

VI' haley,

::'llc Kibbon.

W11eeler,

l\lcC!Pskey.

Whelchel,

Mo::\1 icha8l,

Williams of Harris,

TUESDAY, AUGUST 2, 1887.

219

Grindle, Hagan, Bale, Ham,

Newton, Nichols, Norris,

Williams of Jackson, Williams of Upson, Wilcox.

Those voting in the negative were Messrs.-

Crawford,

Wilson.

Those not voting were Messrs.-

Arnheim, Berner, Blalock, Bray, . Brown of Henry, Clay of Cobb, Comer, Cook. DuBose, Duggan, Evans. Felton of Macon, Fortner, Franklin of Fannin, Gibson, Green of Clay, Hart,

Harrell of De\)atur, Page,

Harrell of Webster, Peeples,

Harrison of Quitman, Heilley,

Henry,

Reynolds,

Holleman .

Russell of Clarke,

Humphries of Clinch, Smith of Crawford.

Hunt,

Smith ot Jefferson,

Johnson of Screven, Stewart of Marion,

Jones,

Taylor,

Lamar,

Terrell,

Lumsden,

Thomas,

Madden,

Vaughn,

Mills,

Veazey,

lVIixon,

Vining,

Monroe,

Worsham,

Moye,

Mr. Speaker.

Yeas, 124. Nays, 2. Not voting, 49.

Having received the requisite constitutional majority, the bill passed, as amended, to-wit :
A bill to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and to provide penalties for infriction of the provisions of this act, and for other purposes.
Upon motion, the House adjourned until to-morrow morning at 10 o'clock.

220

JOURNAL OF THE HOUSE.

ATLANTA, GEORGIA,
Wednesday, August 3, 1887.

The House met pursuant to adjournment; was called to
order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names :

Those present were Messrs.-

Adam& of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Crawford, Darden, Denney, Dodgen, Durrance, Fagan, Felton of Bartow, Feltnn of Bibb, Felton of Macon,

Ham, Hand, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnwn of DeKalb, Johnson of Echols, Kenan, Kennedy, Key, Kimbrough, Lanier, Little of Talbot, Lumsden,
~Iadden, ~athews,

Parker, Perkins. Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Bussell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, 8tovall, Strickland, Tnte, Taylor, Terrell, Vaughn, Veazey, Vickers, Walker of Floyd,

WEDNESDAY, AUGUST 3, 1887.

221

Featherston, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale,

Mauney, Mills, Mixon, Monroe, Morgan, McCord,
~lcLane,
McGhee, McGarrity, McLendon, McKibben, McUleskey, McMichael, Newton, Nichols, Norris, Olive,

Walker of Putnam, Watts, Watson, Way, Wei!, West, Whaley. Wheeler, \Vhelchel, vVilliams of Harris, Williams of Jackson, \Villiams of Up;;on, wilcox, \Vilson, Worsham, l\lr. Speaker.

Those absent were Messrs.-

Comer,
Cook,
DuBose,
Duggan, Evans, Fortner, Hart,

Harrell 0f Decatur. Harrell of webster,
Hunt, .Joh11son of Screven,
,Tones, 1.-atnar,
Moye,

P;:tge.
Peeples,
Heilley,
Smith of Jefferson, Tbotnas, Vining.

Mr. Lumsden, ot the Committee on .Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.

Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report:

M1. Speaker :

The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to amend section 1465 (b) of the Code, so as to requite the Commissioner of Agriculture to be elected by the people, etc.
Rei'pectfully submitted. W. H. FELTO~, Chairman.

222

JouRNAL oF THE HousE.

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

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to exempt the members of the Richmond Hussar Military Company of Augusta from jury rluty.
Also, a bill to be entitled an act for the deposition and appropriation to public bridges in Dodge county of all moneys in the county treasury of said county, by virtue of an act to p1ovide for the disposition of all moneys in the hands of Superintendents of Roads and Treasurer of Boards of Road Commissioners in the State at the time of the passage of an act, approved December 13, 18.'!4.
Also, a bill to be entitled an act to provide for the registration of the legal voters of Laurens county, and to provide a penalty for illegal voting or attempting to vote illegally.
Also, a bill to be entitled an act to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, approved February 20, 1873, so far as the same relates to Thomas county, etc.
Also, the following bill, which they report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to amend an act incorporating the town of Valdosta, in the county of Loundes; approved December 7, 1860.
Also, the f(>llowing bill, which they instruct me to report back to the House, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to abolish the County Court of the county of Ware; to provide for the winding up of the business ot said court, and for other purposes.

WEDNESDAY, AUGUST 3, 1887.

223

Also, the following bills, which they report back, with the recommendation that the same do pass, to-wit :
A bill to amend the charter of tl:e town of Ellijay.
Also, a bill to amend section 313 of the Code of 1882, so that the provisions of said section shall not apply to the county of Gilmer.
Respectfully submitted. F. C. TATE, Chairman.

Mr. Walker, of Putnam, chairman of the Committee on Temperance, submitted the following report:

Mr. Speake1:
The Committee on Temperance have had under consideration the following bills, which they request me to report back, with the recommendation that they do pass, as amended, to-wit :
A bill entitled an act to amend an act entitled an act to prescribe the manner of granting licenses to sell intoxicating liquors to the counties of Jefferson, Burke and 'Washington, approved February 20, 1873, so as to embrace the county of Richmond within the provisions of said act.
Also, a bill entitled an act to prohibit the sale of spirituous, malt, or other intoxicating liquors within four miles of Mt. Zion church, in the lOth district of Meriwether county, and provide a penalty, etc.; proofs correct.
Respectfully submitted. N. S. ~WALKER, Chairman.

Mr. Olive, chairman pro tem. of the Committee on Corporations, submitted the following report:
Jh. Speaker .
The Committee on Corporations have had under consideration House hill No. 404, entitled an act to incorporate the town of Logansville, in the county of Walton, and to grant certain powers and privileges to said town, and for

224

JouRNAL oF THE HousE.

other purposes, which they instruct me to report back to the House, with the recommendation that the same do pass, as amended.
Respectfully submitted. J. T. OLivE, Chairman pro tem.

Mr. Schofield, chairman of the Committee on Labor and Labor Statistics, submitted the following report:
M1. Speake1 :
The Committee on Labor and Labor Statistics have had under consideration House bill N"o. 57, entitled an act to establish in this State a Bureau of Labor and Industrial Statistics, and request me to report the same back with the recommendation that the same do pass, and that two hundred copies of the same be printed for the Ul:le of the House.
Respectfully submitted. JAllfES E. ScHOFIELD, Chairman.
Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the f0llowing report:

Mr. Speaker:
The Committee on Counties and County Matters have had under consideration the following bills which they instruct me to report back, with the recommendation that thE same do pass, as amended, to-wit:
A bill to provide for the payment of fees to such jurors who may be oummoned to appear, and who, after having obeyed such summons, are excused by the court on its own motion without being sworn, and for other purposes.
Also, a bill to be entitled an act to create a Board ot Commissioners of Roads and Revenues for the county of Irwin, and for other purposes.
The committee have abo had under consideration the following bills, which they instmct me to repor tback, with the recommendation that the same do pass, to-wit:

WEDNESDAY, AUGUST 3, 1887.

225

A bill to be entitled an act for the protection of game and insectiverous birds and birds of song, and for other purposes, in the county of Montgomery~
Also, a bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for McDuffie county; to define their powers and duties, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Watts, chairman pro tem. of the Committee on Enrollment, submitted the following repot't :
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and signed by the Speaker of the Honse of Repesentatives and the President of the Senate, and delivered to the Governor, the following acts, to-wit:
An act to repeal paragraph 5, of section 3854 of the Code of 1882, and make an amendment in lieu thereof.
Also, an act to repeal an act entitled an act to amend section 1689 (n n) of the Code of 1882, by inserting after the words ''paid in," in the fifth line of said section, the following : "or if the necessities of the road require more than one-half the amount of the capital stock already actually paid in, then to the amount of three thousand dollars per mile," and for other purposes, approved December 12, 1884.
Also, an act to incorporate the town of Williamsburg, in the county of Calhoun ; to grant eertain powers and privileges to the same, and for other purposes.
Also, an act to amend section 400:3 of the Code of 1882, relating to the sale of lands and tenements by commissioners when the same are sold under proceedings for partition.
Respectfully submitted. R. T. \V ATTS, Uhairman protem.
Mr. Preston offered the following resolution, which was read and referred to the Committee on Printing, to-wit:
15

226

JouRNAL oF THE HousE.

Resolved, That all bills and resolutions of a general nature, introduced for the consideration of this House shalJ, after they have been reported by the respective committees, be printed, and copies of the same placed at the desks of each of the members thereof.
Mr. Kenan offered the following resolution, which was read and adopted, to-wit :
A resolution appointing a committee of five from this House to visit the lunatic asylum and make a thorough inspection of the asylum ann report the spare rooms and beds, the progress of artesian well, ~nd all other matters connected with the proper management of the asylum, and for other purposes..
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker :
The Senate has passed the following bills of the Senate, to-wit:
A bill to incorporate the Buena Vista Loan and Savings Bank.
Passed by the requisite constitutional majority; yeas 33, nays 0.
Also, a bill to amend an act to incorporate the Atlan~ Birmingham and Great Western Railway Company.
Passed by the requisite constitutional majority; y8as 31, nays 0.
Also, a bill to amend section 1997 of the Code of 1882. Passed by the requisite constitutional majotity; yeas 24, nays 0. Also, a bill to incorporate the New Life Water Power and Granite Railway Com11any, and to define rights, powers and pr4vileges. Passed by the requi.~ite constitutional majority; yeas 27, nays 0.

WEDNESDAY, AUGUST 3, 1887.

227

Also, a bill to incorporate the Commercial Express Com. pany, and for other purposes.
Psssed by the requisitP constitutional majority; yeas 27, nays 0.
The Senate has also passed the following bills of the House, to-wit :
A bill to allow the land owners of lots numbers 154, 155, 156, 165 and 166, in the 20th district of Stewart county, to put up gates across the public road known as the Cuthbert and Florence road.
Passed by the requisite constitutional majority; yeas 115, nays 0.
Also, a bill to incorpotote the town of East Point. Passed by the requisite constitutional majority; yeas 31, nays 0.
The Senate has also adopted the following resolution, and asks the concurrence of the House therein, to-wit :
A resolution appointing a joint committee, to whom all resolutions of the Senate and House with reference to the Western and Atlantic Railroad shall be referred.
The Senate has also concurred in the following resolutions of the House, to-wit:
A resolution for the relief of the Continental Insurance Company of New York.
Also, a resolution appointing a committee to examine the manuscript prepared by Judge C. H. Sutton, entitled ''The Georgia Justice," and to report upon the same, and has appointed as a committee on the part of the Senate, Messrs. Roberts, Dean and Davis.
Upon motion, House bill ~o. :354 was recommitted to the Committee on Temperance.
Leave of absence was gtantcd to the following members, . to-wit: Messrs. Wei!, Johnson of Echols, Wilcox, Coney,
Page, Reilley, Williams of Upson and Reid.
The hour for the special order having arrived, upon

228

JouRNAL OF THE HousE.

motion of Mr. Gordon, House bill No. 281 was taken up. Tho bill was read the third time. As the bill provided for an appropriation, the House
went into a Committee of the Whole House. Mr. Watts, of Stewart, was called to the chair.
Mr. Watts, chairman of the Committee of the Whole House, submitted the following report :

Mr. Sp~aker:
The Committee of the whole House have had under consideration House bill Xo. 281, which they request me to report back that the same do pass, by substitute, to-wit:
A bill to create a sinking fund to pay off and retire bonds of the State, as they mature (in aecordance with article 7, section 14, paragraph 1 of the Constitution of 1877), by authorizing the levy and collection of a tax therefor, and for other purposes.
Upon the passage of the bill, the previous question was called, which call was sustained, and the main question ordered.
The report of the committee was agreed to. As the hill provided for an appropriation, the roll was called, and the vote taken by yeas and nays.
Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert. Adams of Greene, Arnheim Ashley. Bailey, Belt, Berner, Birebrnore. Blalock, Brady, Br11.neh, Bray,

Harrison of Quitman, Harper. Harris ot Columbia, Harvey. Hawkins.
Hn.ve~.
Henry. Henderson, Hill of :Ueriwcther, Hill of -Wilkes, Holl:mcl, Holleman,

Parker, Perkins, Perry, Pickett, Pittman, Preston, Rll.y, R>twls, Heynolds, Hich, H.ountree, Hussell of Chatham,

WEDNESDAY, A.UGUST 3, 1887.

229

Brown of Henry', Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Crawford, Darden, Denney, Dodgen, Durrance, Fagan, Felton of Bibb. Felton of Macon, Featherston, Gamble, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Hand, Harrison of Franklin,

Howard,

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Huff,

Simmons,.

Humphries of Brooks, Sims,

Hutchison,

Smith of Glynn,

Iler,

Smith of Gwinnett,

Johnon of DeKalb, Stevens,

Johnson of Echols, Stewart of Mitchell,

Keqan,

Stewart of Rockdale,

Kennedy,

::l'tovall,

Key,

Strickland,

Kimbrough,

Tate,

Lanier,

Terrell,

Little of Talbot,

Veazey,

Lumsden,

Viekers,

::VIadden,

Walker of ]!'loyd,

Mathews,

Walker of Putnam,

::\Iauney,

Watts,

Monroe,

\Vatson,

Morgan,

Way,

McCord,

West,

::\lcLane,

Whaley,

McGarrity,

Wheeler,

McLendon,

W.helchel,

McCleskey,

Williams of Harris,

Me :Vlichael,

\Villiams of Jackson,

Newton,

Williams of Upson,

Nichols.

Wilcox,

Norris,

Wilson,

Olive,

Worsham.

Those not voting were Messrs.-

Atkinson, Black, Brown of Cherokee, Buchan, Comer, Cook, DuBose, Duggan, Evans, Felton of Bartow, Fortner, Fordham, Foute,

Gtbson. Ham, Hart, Harrell of Decatur, Harrell of Webster, Harris of Catoosa, Hun.phries of Clinch, Hunt, ,Johnsor. of Screven, Jones, Lamar, M.ills, Mixon.

McKibben, Page, Peeples, Reid, Reilley. Russell of Clarke, ::lmith of Crawford, ::lmith of Jefferson, Stewart of Marion, Taylor. Thomas, Vaughn,
Vmin~,

230

JOURNAL OF THE HOUSE.

Franklin of Fannin, Franklin of Thomas, Gardner,

M.oye, McGhee,

Weil, Mr. Speaker.

Yeas, 129. Nays, 0. Not voting, 46.

Having received the requisite constitutional majority, the bill passed by substitute.

House bill No. 379 was taken up. As the bill provided for an apl'ropriation, the House went into a Committee of the Whole House. Mr. Rawls, of Effingham, was called to the chair.

Mr. Rawls, 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 which they instruct me to report back with the recommendation that the bill do pass by substitute, as amended, to-wit:

A bill to authorize the Governor of this State to issue bonds ot the State to an amount not to exceed nineteen hundred thousand dollars and negotiate the same fur the purpose of raising money, with which to pay off an amount of the public debt which falls due in Januaay 1st, 1889; not otherwise provided for, and for other purposes connected therewith.

The bill was read the third time; the report of the committee wao agreed, which was favorable to the passage of the bill.
As the bill provided for an appropriation, the yeas and nays were required.

Upon the call of the roll the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim,

Hand,

Olive,

Harrison of Franklin, Parker,

WEDNESDAY, AUGUST 3, 1887.

231

Ashley, Atkinson, Bailey, Belt, Bern<>r, Birch more, Blalock, Brown of Henry, Brewster, Buchan, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Crawford, Darden, Denney, Dodgen, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Gamble, Gardner, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham,

Harrison of Quitman, Harper, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Kenan, Kennedy, Key, Kimbrough, Lanier, Little of Talbot, Lumsden, Madden, Mauney, Morgan, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton, Nichols, Norris,

.Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Simmons, S1ms, Smith of Glynn, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stovall, Strickland, Tate, Terrell, Veazey, Vickers, Walker of Floyd, Walker of Putnam, \Vatts, Watson, Way, West, Whaley, Wheeler, Whelchel, vVilliams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Black, Brady,

Hart, Harrell of Decatur, Harrell of Webster,

Page, Peeples, Reid,

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JouRNAL OF THE HousE.

Braneh, Bray, Brown of Cherokee, Comer, Oook, DuBose, Duggan, Evans, Fortner, Fonte, Franklin of Fannin, Franklin of Thomas, Gibson,

Harris of Catoosa, Harvey, Humphries of Clinch, Hunt, Johnson of Screven. Jones, Lamar, "Mathews, :Mills, 2\'[ixon, ~Ion roe, Moye,

Reilley, Russell of Clarke, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stewart of Marion, Taylor, Thomas, Vaughn, Vining, Wei!, l\Ir. Speaker.

Yeas, 129. Nays, 0. Not voting, 46.

Having received the requisite constitutional majority, the bill passed, by substitute, as amended.
The Speaker announced the following special committee to visit Lunatic Asylum under resolution of the House, towit: Kenan, Felton of Bartow, Brown of Cherokee, Humphries of Brooks, and Arnheim.
By unanimous consent, the follo\ving resolution was taken up.
The resolution was read the third time ; the report of the committee was agreed to, which was favorable to the passage of the resolution.
The resolution passed by the requisite constitutional majority, yeas 105, nays 0, to-wit:
A resolution for the relief of the Mutual Reserve Fund and Life Association.

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

M-r. Speaker :
The Committee on Education have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, towit:

WEDNESDAY, AuousT 3, 1887.

233

A bill to be entitled an act to change the manner of electing the Trustees of the Effingham Academy.
Also, a bill to be entitled an act to authorize the Trustees of the Elbert County Male Academy to sell the property belonging to said Academy ; to invest the proceeds of said sale, and for other purposes.
Also, a bill to be entitled an act to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said Institute; to invest the proceeds of said sale, and for other purposes.
Also, a bill to be entitled an act to authorize the Town Council of Elberton, said State, to issue bonds for the erection and equipment of public school buildings; to provide for payment of the same; to provide for an election to ratify the provisions of thi:5 bill, and for other purposes.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.

By unanimous consent, the following resolution was taken up, to-wit :
A resolution providing for the appointment of a committee to report as to the needs and probable cost in the equipment ancl furnishing of the new State Capitol building.
The resolution was read. As the same provided for an appropriation, the House went into a Committee of the Whole House. Mr. Atkinson, of Coweta, was called to the chair.
Mr. Atkinson, 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 joint re;;olution, No. 134, which they instruct me to report back that the resolution is not in a condition to pass; as the same has not been read but twice in the Hou;;e.

234

JouRNAL OF THE HousE.

By unanimous consent, the following bills were introduced, read the first time and appropriately referred, to-wit: By Mr. Presto~-
A bill to change the time of holding the Superior Court in the county of Jasper, in the Ocmu)gee Circuit.
Referred to Committee on Generalludiciary.
By Mr. WestA bill to incorporate the town of Cornelia, in the county
of Habersham, and for other purposes. Referred to Committee on Corporations.
By unanimous consent, the following bill wa~> taken up, and the same read the third time.
The report of the committee, which was fiworable to the passage of the bill, was agreed to.
The bill passed by the requisite constitutional majority yeas llO, nays 0, to-wit:
A bill to change and define the time of holding the Superior Courts in the counties of Quitman and Clay, and to allow the Sup2rior Courts in Clay county to sit for two weeks, when necessary, and for other purposes.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
By unanimom; coment, the following bill was introduced, read the first time, and referred to the Committee on Banks, to-wit:
By Mr. Felton, of BibbA bill to incorporate the Progtes,.; Loan, Improvement
and Manufacturing (ompany, etc. Referred to Committee on Banks.
lJpon motion, House bill No. 62D was made the special order for Tuesday next, the 9th instant, immediately after the reading of the Journal.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 10 o'elock.

THURSDAY, AUGUST 4, 1887.

235

ATLANTA, GEORGIA,
Thursday, August 4, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Durrance, Fagan, Felton of Bartow,

Hale, Ham, Hand, Hart, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of ~leri wether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalh, Johnson of Echols, Jones. Kenan, Kennedy. Key, Kimbrough,

:\le)Iichael, Newton, Nichols, Norris, Olive, Parker, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Rich, Reynolds, Rountree, Russell of Chatham. Russell of Clarke, Russell of Polk, Schofield, 8hewmake, Sirnn1ons, Sims, 8mith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Sto\'tlll, 8trickland, Tate, Taylor,

236

JouRNAL OF THE HousE.

Felton of Bibb. Felton of )lacon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay. Greene of Madison, Gresham, Griffith, Grindle, Hagun,

Lamar, Lanier, Little of Talbot, Lumsden, )ladden, Mathews, }launey, }I ills, )lixon, :Monroe, )forgan, :\Ioye, .McCord, )[cLane, )lcGhee, )lcGarr1ty, )lcLendon, _,IcKibben, )lcUieskey,

Terrell,
Veaze~,
Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, West, Whaley, "Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Wilson, "\Vorsham, )f r. Speaker.

Those absent were "Messrs.-

DuBose, Duggan, Evans, Harrell of Decatur, Johnson of Screven,

Page, Peeples, Reilley, Smith of Jefferson, Thomas,

Vaughn, Vining, Weil, Williams of Upson.

Mr. Ham, of the Committee on Journals, reported that. the Journal of yesterday's proceedings had been examined and found correct.

The .Joumal was then read and approved.

Leave of absence was granted to the following members, to-wit : Messrs. Duggan, Vickers, Vaughn, Norris, Harrell of Decatur, Russell of Polk, Mauney, Clay of Walton, Lanier, Birchmore, Green of Clay, Whaley and Perry.

Mr. Preston offered the following resolution, which was read, and, upon motion, tabled, to-wit:

Resolved, That when the House adjourns on to-morrow, it shall stand ac\journed until Monday morning next, at 10 o'clock.
Mr. Stewart, of Rockdale, gave notice that he~ w7>uld, at

THURSDAY, AUGUST 4, 1887.

237

the proper time, move to reconsider so much of the proceedings of yesterday as relates to the appointment of a committee to visit and investigate the Lunatic Asylum.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker:
The Committee on Finance have had under consideratil)n the following bill, which they instruct me to report back to th') House, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to amend an act entitled an act to repeal an act entitled an act, etc., approved December 12, 1866.
They have also had under consideration the following bills, which I am instructed to return to the House with the recommendation that they do not pass, to-wit :
A bill to exempt from taxation the parsonages of this State.
Also, a bill to amend an act to levy and collect a tax for the support of the State government and public institutions, etc., for the years 18l'l7 and 1888, by striking the words "grown on their own lands," wht>rever they occur in the sixteenth paragraph of the second section of said act.
They have also had under consideration the following resolution, which I am instructed to return to the House, with the recommendation that the introducer be allowed to withdraw, to-wit :
A resolution to provide for compensation for services of J. Troup Taylor in making indexes of Journals of House and Senate for present sitting.
Respectfully submitted. "\V~r. W. GoRDO:->, Chairman.

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

JouRNAL OF THE HousE.
Mr. Sp~aker:
The Senate has passed the following Senate bills, to-wit:
A bill to amend se-ction 457R of the Code of 1882. Passed by the requisite constitutional majority; yeas 27, nays 3. Also, a bill to incorporate the Waycross Air-Line Railroad Company. Passed by the requisite constitutional majority; yeal'l 31, nays 0. Also, a bill to provide for manner of making public con-. tracts in Oconee and Clarke counties. Passed by the requisite constitutional majority; yeas 37, nays 0. Also, a bill to amend the charter of the town of Barnesville. Passed by the requisite constitutional majority; yeas 27, nays 0. Also, a bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the county of Oconee. Passed by the requisite constitutional majority ; yeas 38, nays 0.
The Senate has concurred in the following House resolution, as amended, to-wit :
A resolution providing for a joint committee to investigate certain matters pertaining to the Western and Atlantic Railroad.
Mr. Atkinson, chairman of the Committee on Internal Improvements, submitted the following report:
Mr. Speaker:
The Cc11nmittee on Internal Improvements have had under consideration the following resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

THURSDAY, AuausT 4, 1887.

239

A resolution to further the improvement of the Flint, Chattahoochee and Apalachicola Rivers.
Respectfully submitted. W. Y. ATKINSOX, Chairman.

Mr. McLendon, chairman oi the Committee on Penitentiary submitted the following report:

Mr. Speaker :
The Committee on Penitentiary have had under consideration the following bill, which I am instructed to return to the House with the request that the same be read a . second time and recommitted to the Committee on Penitentiary, to-wit:
A bill to create and establish a permanent penitentiary and supply farm tor the confinement, employment, punishment, and reformation of all convicts who are now or may hereafter come into the charge and control ot the State of Georgia; to create and establish an advisory board of pardons; to provide for the working of the public roads of this State by convicts, and for other purposes.
Respectfully submitted. S. G. McLENDON, Chairman.

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

i'rlr. Speaker :
The General .Judiciary Committee have had under consideration the following bill, which they instruct me to report back to the HouHe with the recommendation that it do pass, as amended, to-wit :
A bill to allow soldiers who have loHt au arm or leg to draw one-third the amount they may be entitled to annually instead of once in three years.
Also, the following bills, whieh they recommend do pa>~s, by substitute, to-wit:

240

JouRNAL OF THE HousE.

A bill to prescribe the manner of selling trust property and to require the re-investment of the proceeds within thirty days.
Also, a bill to require the indexing of all deeds, mortgages, judgments, liens, executions, conditional bills of sale, and other papers required to be recorded by the laws of this State.
Also, a bill to make it penal, to prevent or attempt to prevent any person from engaging in, remaining in or performing the duties of any lawful employment.
Also, the following bills which they recommend do not pass, to-wit:
A bill to amend section 45;36 of the Code, as to lewd houses.
Also, a bill to amend section 4541 of the Code, as to gambling generally.
Also, a bill to repeal section 3726 of the Code, in relation to bond and security for damages in claim cases.
Also, the following bill which they recommend do pass, to-wit:
A bill to amend section 1977 of the Code, by adding to said section the words, "landlord's special liens for rent shall be enforced by distress warrant in same manner as their general liens for rent are enforced, etc.
Respectfully submitted. RoBT. L. BERNER, Chairman.

~Ir. Coney, chairman pro tent. of the Committee on Roads and Bridges, submitted the following report :

!fir. SpeakeI' :
The Committee on Roads and Bridges have had under consideration the following bill which they recommend do pass, to-wit :
A bill to authorize an,l empower M. A. Hardin to close

THURSDAY, AUGUST 4, 1887.

241

up all private ways and roads upon his farm, in the 17th district and 3d section of Bartow county, Georgia.
Respectfully submitted. J. T. CoNEY, Chairman protem.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. Speaker :
The Governor bas approved and signed thE following act and resolution of the General Assembly, to-wit:
An act for the protection of cemeteries and burying places i'n this State, and to prevent and punish the unauthorized use of and traffic in dead human bodies and for the promotion of medical science, etc.
And a resolution commending the National Colored Industrial Exposition to he held in Atlanta in 1888.
Upon motion, House bill No. 659 was recommitted to Committee on Agriculture.
Mr. Stewart, of Rockdale, moved to reconsider the action of the House on yestPrday relating to resolution appointing a committee to investigate the Lunatic Asylum.
Mr. Kenan moved to lay the motion to reconsider on the table.
Upon this motion the yeas and nays were called for, which call was sustained.
Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmati,Te were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Belt, Buchan, Calvin,
16

Harrison of Quitman, Hawkins, Hayes, Henry, Hender;;on. Howard, Hughes,

Kewton, Ni.,hols, Perkins, Perry, Pickett, Ray, Rawls,

242

JOURNAL OF THE HOUSE.

Cameron, Chappell, Clay of Walton, Coggins, Crawford, Dodgen, Durrance, Franklin of Fannin, Franklin of Thomas, Gamble, Glenn, Green of Madison, Ragan, Hale, Ham, Harrison of Franklin,

Huff,

Rich,

Humphries of Brooks, Rountree,

Hutchison,

Russell of Chatham,

Iler,

Schofield,

Johnson of Echols, Shewmake,

Kenan,

Simmons,

Key,

Smith of Gwinnett,

Lanier,

Stewart of Mitchell,

JUadden,

Strickland,

~Mauney.

Vickers,

Mixon,

Wheeler,

~Monroe,

Williams of Harris,

:\[cCord,

Williams of Jackson,

McGhee,

Wilcox,

:\IcLendon,

Wilson.

:\IcKibben,

Those voting in the negative were Messrs.-

Adams of Greene, Berner, Birchmore, Blalock, Branch, Bray, Brewster, Candler, Comer, Darden, Denny, DuBose, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute, Gordon, Green of Clay, Gresham,

Griffith, Hand, Harper, Harris of Columbia, Harvey, Hill of Meriwether, Hill of Wilkes, Holland, Hunt, Johnson of DeKalb, Kennedy, Lamar, Little of Talbot, Lumsden, l\Iorp;nu, '\IcLane, :\fcGarrity, McCleskey, Mc'\Iichael, Norris, Olive,

Parker, Pittman, Preoton, Reynolds, Russell of Polk, Sims, Smith of Crawford. Stevens, Stewart of Rockdale, Stewart of Marion,' Tate. Terrell, Veazey, Walker of Floyd, Walker of Putnam, Watts,
~Watson,
Way, West, Whaley,

Those not voting were Messrs.-

Arnheim, Black, Brttdy, Brown of Henry, Brown of Cherokee,

Hart, Harrell of De~atur, Hurrell of Webster, Harris of Catoosa, Holleman.

Reid, Heilley, Russell of Clarke, Smith of Glynn, Smith ot Jefferson,

FRIDAY, AuGUST 5, 1887.

243

Clay of Cobb, Coney, Cook. Duggan, Evans. Fortner, Fordham, Gardner, Gibson, Grindle,
Yeas, 68.

Howell,

Stovall,

Humphries of Clinch, Taylor,

Johnson of Screven, Thomas,

Jones,

Vaughn,

Kimbrough,

Vining,

Matthews,

W eil,

Mills,

Whelchel,

Moye,

Williams of Upson,

Page,

vVorsham,

Peeples,

Mr. Speaker.

Nays, 62. Not voting, 45.

So the motion to reconsider was tabled.
The hour for the special order having arrived, upon mo~ion of Mr. Felton ,of Bartow, House bill No. 188 was taken up.
As the bill provided for an appropriation the House went into a Committee of the Whole House.
Mr. Felton, of Bibb, was called to the chair.
Mr. Felton, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 188, and instruct me to report that they have made some progress and asks leave to sit again.
Upon motion the House adjourned until to-morrow morning at 10 o'clock.

ATLANTA, GEORGIA,
Friday, August 5, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

244

JouRNAL OF THE HousE.

The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Elbert, Adams gf Greene, Arnheim, Aohley, Atkinson, Bailey, Belt, Berner, Birchnwrc, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Cameron, Candler, Chappell, Clay of Cobb, Coggins, Comer, ( rawfurd, Cook, Dnrden, Denney, Dodgen, DuBose, Durrance, Fftga.n, Felton of Bartow, Felton of Bibb, Felton of 31acon, Featherston, Fordham, Foute, Franklin of l<'~trmin, Franklin of Thomas, Gamble, Gardner,

Hale. Ham, Hand, Harrell of \Vebster, Harrison of Quitman, Harrison of Franklin, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins. Hayes. Henry, Henderson, Hill of :\Ieri wether, Hill of \Vilkes. Holland, Holleman, Howard, H.) well, Hughes, Hutl", Humphries of B:-ooks, Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalb, Kenan, Kennedy, Key, Kimhrough, Lamar, Lanier. I~ittle of Talbot, Lumsden, :\fadden, :'llnthew,;, :\[nuncy, :'llonroe, :\lixon, Morgan,

~IcMicbael,
Newton. Ni..,bols, Olive, Parker, Peeples, Perkins, Pickett, Pittman, Preston, Ray, Rawls, Reynolds, Rich. Rountree, Russell of Chatham, Russell ot Clarke, Schofield, Shewmake, Simrnons, Sin1s, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of )Iitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tnte, 1'aylor, Terrell, Veazey, Walker of Floyd, \Valker of Putnam,
\V~ttts,
\Vatson, vVay, Weil, \Vest, Whnley,

FRIDAY, AUGUST 5, 18B7.

245

Gibson, Gordon, Glenn, Greene of Madison, Gresham, Griffith, GTindle, Hagan,

Moye. McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McO!eskey,

Those absent were Messrs.-

Calvin, Clay of Walton, Coney, Duggan, Evans, Fortner, Green of Clay, Hart, Harrell of Decatur,

Johnson of Echols, Johnson of Screven, Jones, Mills, Norris. Page, Perry, Reid, Reilley,

Wheeler, Whelchel, Williams of Jackson, Wilcox, Wilson, Worsham, Mr. Speaker.
Russell of Polk, Smith of Jefferson, Thomas, Vaughn, Vickers, Vining, \Villiams of Harris, ~Williams of Upson.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Chappell, 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 direct me to report back, with the recommendation that it do pass, to-wit :
A bill to incorporate the Long Shoals and Rockland Railroad Company.
The committee have also had under consideration the following bill, which they report hack, with the recommendation that it do pass, as amended, to-wit :
A bill to amend the charter of the Atlanta and Hawkinsville Railroad Company ; to chang(~ the name to the

246

JouRNAL oF THE HousE.

Atlanta and Florida Railroad Company, and for other purposes.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

Mr. Gordon, chairman of the Committee on Finance, submitted the following report :
Mt. Speake1:
The Committee on Finance have had under consideration the following bill, which I am instructed to return to the House with a recommendation that it do pass, to-wit :
A bill to appropriate the sum of five thousand dollars, or so much thereof as may be necessary for the purpose of repairing the buildings of the University of Georgia.
Respectfully submitted. W. W. GoRDON, Chairman.
Mr. Berner, chairman of the Committee on General Judimary, submitted the following report:
Mr. Speaker :
The General Judiciary Committee have had under consideration the following bill, which they instruct me to report back to the House, with the recommendation that it do pass, to-wit:
A bill to change the time of holding the Superior Court in the county of Jasper, in the Ocmulgee Circuit.
Also, the following bills which they recommend do not pass, to-wit :
A bill to make slander or oral defamation a crime ; to define the same and prescribe a punishment.
Also, a bill to amend section 3293 of the Code. Also, a bill to amend section 2573 of the Code. Also, a bill to amenrl section 40-!7 of the Code. Also, a bill to make it unlawful for any person to become a party in the State of Georgia to any contract for

FRIDAY, AUGUST 5, 1887.

247

the purchase or sale of goods to be delivered at a future day when both parties are aware that the seller expects to purchase himselt to fulfill his contract.
Also, the following bill, which they recommend that the author be allowed to withdraw, to-wit:
A bill to authorize Judges of the Supreme Court to appoint a short hand writer to take down such matter for use of the court as may be deemed necessary.
Respectfully submitted. RoBERT L. BERNER, Chairman.
Mr. Franklin, of Thomas, chairman pro tem. of the Uom~ mittee on Education, submitted the following report:

Mr. Speaker :
The Committee on Education 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 provide for holding annually in this State teachers' institutes ; to provide fees for the support of the same, and for other purposes.
Respectfully submitted. P. J. FRANKLIN, Chairman pro tem.

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

Mr. Speaker :
. The Committee on Special Judiciary have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to prohibit hunting or fishing on the lands of another, in Wayne county, without the consent of the owner.
Also, the following bill which they report back, with the recommendation that it do pass, as amended, to-wit:

248

JouRNAL OF THE HousE.

A bill to change the time of holding the Superior Court in Burke county.
Respectfully submitted. F. C. TATE, Chairman.

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

Mr. Speaker :
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following acts, to-wit:
An act incorporating the town of East Point, in the county of Fulton, and to appoint Aldermen for the same, and for other purposes.
Also, an act to allow the land owners of lots Nos. 154, 155, 156, 165 and 166, in the 20th district of Stewart county, to put up gates across the publiC) road known as the Cuthbert and Florence road, at any point where said road may pass over said lots.
The committee report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following resolutions, to-wit:
A resolution for the relief of the Continental Insurance Company of New York.
Also, a resolution appointing a committee to examine manuscript prepared by Judge C. H. Sutton, entitled the "Georgia Justice" and report upon the same.
Respectfully submitted. R. F. WATTS, Chairman pro tem.

Leave of absence was granted to the following me.nbers, to-wit: Felton of Bibb, Williams of Harris, Little of Talbot, Hale, Calvin, Rountree, Darden, Hart, Lumsden, Adams of Greene, Stovall, Ray, Humphries of Brooks, Gresham, McGarrity, Howard, Harris of Columbia, and Grindle.

FRIDAY, AuGUST 5, 1887.

249

Upon motion, House bills Nos. 558, 709 and 384 were withdrawn.
Upon motion, House bill No. 674 was recommitted to the Committee on Education.
Upon motion of Mr. Watts, House resolution No. 123 was taken up, and the Senate amendments thereto were concurred in.
Upon motion, the following bills and resolution were withdrawn, to-wit:
Resolution No. 134 and bills Nos. 444 and 518.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit :
By Mr. Smith, of CrawfordA bill to prevent the running at large of horses, mules,
cattle, sheep, goats and swine in Crawford county, north of the old wite road running from Macon through Knoxville to Columbus, and for other purposes.
Mr. Johnson offered the following resolution, which was adopted, as amended, to-.vit :
Resolved, That the House meet at 9 o'clock a. m., and adjourn at 12 m., and thi~ order to continue until changed by the House.
The hour for the special order having arrived, the House went into a Committee of the Whole House.
Mr. Brewster, of Harris, was called to the chair.
Mr. Brewster, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration House bill No. 188, and request me to report that they have made some progress, and ask leave to sit again.

250

JOURNAL OF THE HoUSE.

Upon motion of Mr. Berner, the hour of adjournment was extended until 1 o'clock.
Upon motion, the House went into a Committee of the Whole House.
Mr. Brewster was called to the chair.
Mr. Brewster, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:
The Committee of the 'Vhole House, have had under consideration House bill No. 188, and request me to report that they have made some progress, and ask leave to sit again.
Upon motion of Mr. Glenn, House bill No. 188, was made the special order for Wednesday August 10, immediately after the reading of the Journal.
Upon motion, 200 copies each of the substitutes offered by Messrs. Felton, of Bartow, and Harrell, of'Webster, for the pending bill, were ordered printed for the use of the House.
The Speaker announced the following committee to investigate certain matters pertaining to the Western and Atlantic Railroad, to-wit: Messrs. 'Vatts, Lamar and Black.
Upon motion, the House adjourned until to-morrow morning at 10 o'clock.

ATLA::-<TA, GEORGIA,
Saturday, Augu~t 6, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

SATURDAY, AuousT 6, 1887.

251

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

Those present were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster, Cameron, Candler, Chappell, Clay of Cobb, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Durrance, .Felton of Bartow, Felton of Macon, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gordon, Glenn, Greene of Madison, Griffith, Hagan, McKibben, McMichael, Newton,. Nichols,

Olive,

McLendon,

Page,

Parker,

Ham,

Peeples,

Hand,

Pickett,

Harrell of Decatur. Preston,

Harrell of Webster, Ray,

Harrison of Franklin, Rawls,

Harrison of Quitman, Reynolds,

Ht~rper,

Rteh,

Ht~rvey,

Russell of Chatham,

Harris of Catoosa,

Russell of Clarke,

Harris of Columbia, Schofield,

Hawkins,

Shewmake,

Hayes,

Simrnons,

Henry,

Sims,

Henderson,

Smith of Crawtord,

Hill of }feriwether, Smith of Glynn,

Holland,

Smith of Jefferson,

Holleman,

Stevens,

Hughes,

Stewart of Mitchell,

Huff.

Stewart of Rockdale,

Humphries of Brooks, Stewart of M~trion,

Hunt,

Strickland,

Hutchison,

Tnte.

Iler,

Taylor,

Johnson of DeKalb, Terrell,

Johnson of Screven, Veazey,

Kenan,

Walker of Floyd,

Kennedy,

Wnlker of Putnam,

Key,

\Vatts,

Kimbrough,

watson,

Lamar,

Way,

Little of Talbot,

Weil,

Lumsden,

West,

Madden,

Wheeler,

Mathews,

Whelchel,

Mauney,

Williams of Harris,

Mixon,

Williams of Jackson,

Monroe,

Wilson,

Morgan,

Worsham,

McCord,

~ir. Speaker.

McGhee,

f

252

JOURNAL OF THE HOUSE.

Those absent were Messrs.-

Adams of Greene, Birchmore, Brown of Cherokee, Buchan, Calvin, Clay of Walton, Coggins, Coney, Duggtw, Evans, Fagan, Feltrm of Bibb, Featherston, Fortner, Gardner, Gibson, Green of Clay,

Gresham, Grindle, Hale, Hart, Hill of Wilkes, Howard, Howell, Humphries of Clinch, Johnson of Echols, Jones, Lanier, :\!ills, ::\Ioye, ::\IcLane, :VIcGarrity, McCleskey, Norris,

Perkins. Perry, Pittman, Reid, Reilley, Russell of Polk, Rountree, Smith of Gwinnett, Stovall, Thomas, Vaughn, Vickers, Vining, Whaley, Williams of Upson, Wilcox.

Mr. Hutchison, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

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

Mr. Speaker :
The Committee on Finance have had under consideration the following resolutions, which I am instructed to return to the House, with the recommendation that the same do not pass, to-wit :
A resolution instructing the State Printer to furnish advanced sheets of the Journals to Jackson T. Taylor.
Also, a resolution for the relief of J. T. Carmichael of the county of Coweta, Georgia.
Respectfully submitted. WM. W. GoRDON, Chairman.
Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report :

SATURDAY, AUGUST 6, 1887.

253

Mr. Speaker :
The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to prevent the sale of certain necessaries of life for more than fifteen per cent. profit on time sales.
ReRpectfully submitted. W. H. FELTON, Chairman.

Mt. Berner, chairman of the Committee on General Judiciary, submitted the fJllowing report :

Mr. Speaker:
The General Judiciary CommittE'e have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that the same do pass, to-wit :
A bill to require the grand juries of the several counties in this State to inspect the sanitary condition of the common jails at each regular term of the Superior Court, and make such rE'commendations in regard to ventilation, heating, etc., as they may deem necessary.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to create a State Board of Physicians and to prescribe their powers and duties.
Also, a oil! to provide for lenth of residence in this State by parties in divorce suits.
Also, a bill to amend section 4350 of the Code. Also, the following bills which they recommend be referred to the Committee on Special Judiciary, to-wit :
A bill to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the Northern Judicial Circuit, to the payment of the costs accruing to the officer8 of the court in which the conviction was had.

2.54

JouRNAL oF THE HousE.

Also, the following bill, which they recommend that the author be allowed to withdraw, to-wit:
A bill to amend paragraph I, section 9, article 3 of the Constitution, relating to the pay of the members of the General Assembly.
Respectfully submitted. RoBT. L. BERNER, Chairman.

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

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which I am instructed to report to the House with the recommendation that they do pass, to-wit :
A bill to submit to the qualified voters of Milledgeville the question of levying a tax for the support of the Middle Georgia M. & A. College and Eddy School.
Also, a bill for the protection of game in Troup county. Also, a bill to amend the charter of the city of Atlanta in reference to official bonds of city officers and the liability of those who sign them. Also, a hill to provide a registration law for the town of Waycross. Also, a bill to provide for the payment of insolvent criminal costs to the officers of Hancock county. Also, a bill to fix the pay of jurors serving in cases of lunacy. Also, a bill to amend the charter of the First Presbyterian Church of Augmta. Also, a bill to relieve Thos. Davis, Sr., as security on the penal bond of Geo. W. Davis. Also, a bill to relieve J. G. Hill, security on the penal boncl of Berrien Davis. Also, a bill to amend the act establishing a reformatory institute in the county of Richmond.

SATURDAY, AUGUST 6, 1887.

Also, a bill to amend the act providing a Board of Tax Assessors tor Richmond county.
Also, a bill to repeal an act for the disposition of fines and forfeitures in cases arising in the County Court of Sumter county.
Also; a bill to create a Board of Commissioners of Roads and Revenues for Union county.
Also, a bill for the protection of game in White county. Also, the following bill, which they recommend do pass, by substitute, to-wit :
A bill to designate the public gazette in which the legal advertisements of the county must appear.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to create a County Court for the county of Montgomery.
Also, the following bill, which they recommend be referred to the Committee on General Judiciary, to-wit:
A bill to amt>nd paragraph 7 of section 7 of article 3 of tEe Constitution in regard to the reading of bills.
Respectfully submitted. F. C. TATE, Chairman.

The following metlsage was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

JJ1. Speaker .

The Governor has approved and signed the following acts of the General Assembly, to-wit:

An act to amend section 4003 of the Code of 1882, relat-

ing to the sale of lands and tenements by commissioners,

where the same are !-!old under proceedings for partition.

Also, an act to repeal paragraph 5, of section 3~54 of

the Code of 1882, and make an amendment in lieu thereof.

Altio, an act to repeal an act entitled an act to amend

'*'

256

JouRNAL OF THE HousE.

section 1689 (n n) of the Code of 1882, by inserting after the words "paid in," in the f>th line of said section, the following: " or if the necessities of the road require more than one-half of the amount of the capital stock already actually paid in, then to the amount of three thow;aud dollars per mile, and for other purposes; approved December 12, 1884.
Also, an act to incorporate the town of 'Villiamsburg, in the county of Calhoun.
Mr. Wilson, of Camden, offered the fo1lowing resolution, which was read and adopted, as amended, to-wit:
Re.solved, That Smith W. Easley, .Tr., of the city of Atlanta, be allowed the use of such hook or books in the State Library, under the direction of the State Librarian, as he may need to aid him in preparing a history of the colored people of the State of Georgia.
Upon motion, House bills Nos. 95 and 250 were withdrawn.
Mr. Berner offered the following resolution, which was read and referred to the Committee on Rules, to-wit:
Re.solved, That from and after to-day the Honse shall meet at 10 o'clock and adjourn at 1 o'clock.
Upon motion, two hundred copies of the substitute for House bill No. 18R, offered by Mr. Arnheim, were ordered printed for the use of the House.
Leave of absence was granter} to the following members, to-,vit: Messrs. Coggins, Harrison of Franklin, Adams of Greene, Buchan, Gardner, 'Valker of Putnam, 'Williams of Jackson, Perkins, Felton of Bibb, Hill of 'Vilkes, Watson, Morgan, Sims, Strickland, Holleman, Mathews and Whelchel.
Leave of absence was granted to Mr. " 7 ilson, door-keeper, for to-day's ses~ion.
By unanimous consent, the following bills were taken up, and the same read the second time, to-wit:

SATURDAY, AUGUST 6, 1887.

257

A bill to create and establish a permanent penitentiary and supply farm for the confinement, employment, punishment and reformation of all convicts who are now, and who may hereafter come into the ch:uge and control of the State of Georgia; to create and establish an Advisory Board of Pardons; to provide for the working of the public roads of the State by convictt->, and for other purposes.
Upon motion, the bill was recommitted to the Committee on Penitentiary.
Also, a bill to fix the time for the adjournment of the Superior and City Courts in the State of Georgia.
Also, a bill to appropriate the sum of $12,000 for the purpose of completing, repairing and furnishing the buildings of the Georgia Institute for the education of the, deaf and dumb.
Also, a bill to relieve Thomas Davis, Sr., security on the penal bond of Geo. \V. Davis, etc.
Also, a bill for the protection of game and insectiverous birds, and birds of song, and for othet purposes, in the county of Montgomery.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, etc.
Also, a bill to prohibit the fishing and hunting on the land of another in the county of Irwin without the consent of the owner, etc.

By unanimous consent, the following bills were introduced, read the first time and appropriat~ly referred, to-wit:

By Mr.. Felton, of Macon_:_

A bill to provide for the registration of votel's in the county of Macon, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Kenan-

A bill to create a Board of Commissioners of Roads
Revenues and Public Buildings in the county of Baldwin~

Referred to Committee on Counties and Countv Matters

17

.



.

258

JOURNAL OF THE HOUSE.

By Mr. McCordA bill to more fully protect any person or persons, who
may work on real estate. Referred to General Judiciary Committee.
By Mr. McCordA bill to provide that the liens set forth in the Code of
1882 of Georgia, or which may be hereafter declared in favor of mechanics, laborerb, or material men, shall be good as between the parties for the space of 120 days after completion of the work or from date of furnishing material without record of lien, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. HuffA resolution authorizing the Governor to purchase for
the use of the State Library, and for distribution to the officers who are supplied at the State's expense, with the Supreme Court Reports-400 copies of "An Analytical Digest of Georgia Reports," from volumes 62 to 75, etc., prepared by Robert Hodges.
Referred to Finance Committee.
By Mr. GrindleA bill to incorporate the Blue Ridge Railrcad Company,
etc. Referred to Committee on Railroads.
By Mr. SchofieldA bill to provide for the registration of voters of Bibb
county. Referred to Committee on Sp'!lcial Judiciary.
By Mr. PerkinsA bill to require the registration of voters of the county
of Burke, State of Georgia, etc. Referred to Special Judiciary Corn mittee.
By Mr. Harris, of CatoosaA bill to provide for the disposition of the Western and
Atlantic Railroad. Referred to Committe on Finance.

SATURDAY, AUGUST 6, 1887.

259

Also, a resolution to pay Rev. John Woods for services rendered.
Referred to Committee on Finance.
By Mr. BlackA bill to incorporate the town of Sugar Valley, m the
county of Gordon, and for other purposes. Referred to Committee on Corporations.
By Mr. FooteA bill to amend an act entitled an act to establish a City
Court in the county of Bartow, etc.; approved October 10, 1885.
Referred to Committee on Special Judiciary.
By Mr. CrawfordA bill to amend an act entitled 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.
Referred to Committee on Counties and County Matters.
By Mr. HollemanA bill to amend an act entitled an act to submit to the
legal voters of Taylor county the question of prohibiting the sale of spirituous and malt liquors in said county.
Referred to Committee on Special Judiciary.
By Mr. StevensA bill providing for the registration of qualified voters
in Terrell county, Georgia. Referred to Committee on Special Judiciary.
By Mr. PickettA bill to provide for the registration of the qualified
voters of Worth county, etc. Referred to Special Judiciary Committee.
By Mr. McCordA bill to incorporate the Manufacturers Insurance Mu-
tual Aid Society. Referred to Committee on Corporations.

260

JouRNAL oF THE HousE.

By Mr. Weil-

A bill to change the penalty of larcenies after trust,

which comes under section 44z4 of the Code of 1882, when

the value converted is under fifty dollars.

'

Referred to Committee on General Judiciary.

Also, a bill to amend section 4372 of the Code of 1882, etc.
Referred to Committee on General Judiciary.

Also, a bill to ineorporate the Lowry Banking Company of Atlanta; to grant certain privileges thereto, and for other purposes.
Referred to Committee on Banks.

By Mr. Stewart, of MitchellA bill to extend the public school term in Mitchell
county, Ga., etc. Referred to Committee on Education.

Also, a hill authorizing the Board of County Commissioners of Mitchell connty to submit to the qualified voters of "aid county the question of issuing bonds to pay for a court house, etc.
Reft.'rred to Special Judiciary Committee.

~Ir. Harrell, of \Vebster, gave notice that he would file a \Yarranty report from the Finance Committee on the bill appropriating $5,000 to the State University.

Mr. Clay, of Cobb, chairman protem. of the Committee on Rules, submitted the following report :

llfr. Speaker:
The Committee on Rules, to whom was referred the resolution on the subject of the meeting and adjourning of the House, respectfully report the following substitute, and recommend its p3ssage, to-wit :
Re8olted, That on Monday and Tuesday the House shall meet at 9 o'clock and adjourn at 1 o'clock, p. m., and that these days shall be devoted to reading local bills, favora-

MoNDAY, AuGusT 8, 1887.

261

bly reported, the third time ; and after that time the House shall meet at 10 o'clock and adjourn at 1 o'clock, p. m., until further ordered by the House.
The Speaker ruled that as the resolution provided for an amendment to the rules of the House, it would have to lie for the space of one day.
The House then adjourned until Monday morning at 9 o'clock.

ATL.A~T.A, GEORGIA,
Monday, August 8, 1887.
The House met pursuant to adjournment ; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

.Adams of Elbert, A.rnbeim, .Ashley, .Atkinson, Bailey, Berner, Black, Blalock, Brady, Bray, Brown of Henry,
Brew~ter,
Cameron, Cand.ler,
Chappell, Clay of Cobb, Clay of Walton, Coggins, Cook, Crawford,

Griffith, Hagan, Hale, Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harper, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of }Ieriwether, Holland, Holleman, Howell, Hughes,

McCleskey, .Mcl\lichael, Newton, Nichols, Page, Parker, Peeples, Pickett, Pittman, Preston, Rawls, Reilley, Rich, Russell of Qhatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Smith of Crawford,

262

JouRNAL OF THE HousE.

Darden, Denney, Dodgen, DuBose, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Greene of Clay, Greene of Madison,

Huff,

Smith of Glynn,

Humphries of Brooks, Smith of Gwinnett,

Humphries of Clinch, Smith of Jefferson,

Hunt,

Stevens,

Hutchison,

Stewart of Mitchell,

Iler,

Stewart of Rockdale,

Johnson of DeKalb, Stewart of Marion,

Johnson of Screven, Tate,

Joneo,

Taylor,

Kenan,

Terrell,

Kennedy.

Vaughn,

Key,

Veazey,

Kimbrough,

Walker of Floyd,

Lamar,

Watson,

,\ladden,

Way,

Monroe,

Wei!,

~foye,

West,

McCord,

Wheeler,

)1cGhee,

Williams of Upson,

McGarrity,

Wilson,

McLendon,

Mr. Speaker.

McKibben,

Those absent were Messrs.-

Adams of Greene, Belt. Birch more, Branch, Browr, of Cherokee, Buchttn, Calvin, Con1er, Coney. Duggan, Felton of Macon, Gresham, Grindle, Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Hill of Wilkes,

Howard, Johnson of Echols, Lanier, Little of Talbot, Lumsden, )fa thews, )fauney, Mills, Mixon, Morgan, )[cLane, Norris, Olive, Perkins, Perry, Hay, Reid,

Reynolds, Rountree, Sims, Stovall, Strickland, Thomas, Vickers, Vining, Walker of Putnam, Watts, Whaley, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Worsham.

Mr. Williams, of Upson, of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct.

The J ourual was then read and approved.

MoNDAY, AuGUST 8, 1887.

263

Leave of absence was granted to the following members, to-wit: Messrs. Olive, Norris, Worsham, -Whelchel, Hayes, Branch, Comer, Belt, Felton of Macon, Little of Talbot, Watts, Reynolds, Harris of Catoosa, Nichols, Blalock and Harvey.
Upon motion, House bill No. 408 was withdrawn.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speake1:
The Senate has passed the following Senate bills, by the requisite constitutional majority, to-wit:
A bill to be entitled an act defining a contract of fidelity insurance and to provide for incorporated fidelity insurance companies, and for other purposes; yeas 25, nay!'l 0.
Also, a bill to be entitled an act to amend an act to incorporate the town of Clayton, in Rabun county; yeas 26, nays 0.
Also, a bill to be entitled an act to require all itinerant vendors of clocks in this State to pay an annual license fee in each and every county where they propose to do business, and for other purposes; yeas 26, nays 0.
Also, the following Honse bill, to-wit:
A bill to incorporate the Planters' Bank, of Preston, Georgia; passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate has also passed the following Senate resolution, in which they ask the concurrence of the House, to-wit :
A resolution for the relief of the Tax Collector of Talbot county; pagsed by the requisite constitutional majority ; yeas 2~, nays 0.
Under the head of unfinished business, the following bills were introduced, read the first time, and appropriately referred, to-wit:

264

JouRNAL OF THE HousE.

By Mr. MaddenA bill to make drunkenness a crime; to provide a penalty
therefor, etc. Referred to Committee on Temperance.
By Mr. ArnheimA bill to amend section 2385 of the Code of 1882. Referred to Committee on General Judiciary. Also, a bill to amend section 2386 of the Code of
1882, etc. Referred to Committee on General Judiciary.
By Mr. Williams, of JacksonA bill to incorporate the People's Bank; of Jefferson. Referred to Committee on Banks.
By Mr. Stewart, of MitchellA bill to establish a new charter for the town of Camilla,
in the county ofMitchcll; to grant certain privileges to said town}to repeal all prior acts establishing a charter for said town, and acts amendatory thereof; to define th limits of the same, and for other purposes.
Referred to Committee on Corporations.
The following resolution, offered by Mr. Wheeler, was read, and, upon motion, tabled, to-~it:
Resolved, That beginning with to-day, the hours of meeting of the House shall be 9 o'clock, a. m., and the hour of adjournment shall be 1 o'clock, p. m.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Spenker:
The Senate has passed the following resolution of the House, by the requisite constitutional majority, yeas 25, nays 0, to-wit :
A resolution for the relief of the, Mutual Reserve Fund and Life Association; and the same has been ordered transmitted forthwith to the House.

MoNDAY, AuGUST 8, 1887.

265

By unanimous consent, the following bills were read the second time, to-wit:
A bill repealing an act entitled an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pick-
ins to be made 14 feet side digging. Also, a bill granting Thomas M. Nickols, Jr., of Towns
county, the privilege of peddling in Georgia without license . . Also, a bill for the protection of the fish in Hiawassee River in Towns county, above the mouth of Little Choistoie, on W. R. McConnell's land, and its contributary waters.
Also, a bill to amend, revise and consolidate the common school laws of the State.
Also, a bill to provide for holding annually in the State, Teachers' Institute; to provide fees for the support of the same, and for other purposes.
Upon motion, House bills Nos. ti73 and 674 were made the special or0er for Tue.sday the 16th instant, immediately after the reading of the Journal.
The following bill was read the second time, to-wit:
A bill to provide for the payment of in sol vent criminal costs to the offi('erH of the County Court of Hancock county, etc.
Mr. Shewmake, chairman pro tem. of the <:ommittee on Enrollment, submitted the following report :

Air. Speaker:
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following resolution, to-wit:
A resolution for the relief of the Mutual Reserve Fund and Life Association.
Respectfully submitted. J. A. SHEWMAKE, Chairman protem.

266

JouRNAL OF THE HousE.

Mr. Shewmake, chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following resolution, to-wit :
A resolution for th~ relief of the Mutual Reserve Fund and Life Association.
Respectfully submitted. .J. A. SHEW~IAKE, Chairman protem.

Upon the call of the counties for the introduction of new matter, the following bills were introduced, read the first time, and referred to the Committee on Railroads, to-wit :
By Mr. HuffA bill to incorporate the Macon ()ity and Suburban
Railway Light and Pow~r Company, etc.
By Mr. Harrell, of DecaturA bill to incorporate the Alaba_ma Midland Railway
Company, etc.
By Mr. Little, of MuscogeeA bill to amend an act to incorporate the Columbus
Railroad Company. Also, a bill to amend the chari:er of the Georgia Midland
and Gulf Railroad Company.
The following bills were introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Clay, of CobbA bill to amend an act entitled an act to amend an act
to cany into effect the last clause of paragraph 1, article 7 of the Constitution of 1R77; said amended act approved September 26, 1H83, by striking the words "in three year's"

MONDAY, AUGUST 8, 1887.

267

in the last line of the first section of the above amended act, and inserting in lieu thereof the words '' every year," so as to provide annual payments to Confederate soldiers.
The following resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. Russell, of UlarkeA resolution relating to the payment of mileage to mem-
bers and officers of the present General Assembly for the summer sessiOn.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. GordonA bill to incorporate the Title Guarantee and Loan
Company of Savannah, and for other purposes.
By Mr. HowellA bill to amend the charter of the city of Atlanta, so as
to allow the City Council to increase the sahtries of the Tax Receiver and Collector, and Recorder and Auditor, etc.
By Mr. Key-
A bill to alter and amend so much of section 12 of the charter of the town o.f Harmony Grove as prescribes the mode and manner of levying taxes that may be levied, and for other purposes.
By Mr. Little, of Muscogee-
A bill to incorporate the Midland Telegraph Company.
By Mr. McCord-
A bill to amend the title of an act approved October 13, 1885, for the better organization, government and discipline of the volunteer troops of this State, and for other purposes.

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

268

JouRNAL OF THE HousE.

By Mr. MonroeA bill to amend section 2525 of the Code of 1882, so as
to change the time for making annual returns by representatives of estates from July to January.
By Mr. Russell, of Chatham-
A bill to settle and define certain boundary lines of wharf, lots 7, 8 and 9, west of Bull street, in the city of Savannah, and the owners of said wharf lots, and to carry same into effect, and for other purposes.
By Mr. CandlerA bill to amend the statutes of limitations in this State,
and for other purposes.
By Mr. Candler-(by request) A bill to amend section 4630 of the Code of 1882.
By Mr. WestA bill to authorize the Governor to call an election in
this State on the first Wednesday in August, 1888, at which election the question of the sale of that part of the State's
property known as the 'Vestern and Atlantic Railroad and
its attachments and Pquipage, shall be submitted to the legal voters of this State, etc.
By Mr. Hill, of MeriwetherA bill to prohibit the sale of spirituous liquors to a!1y
person who is at the time intoxicated or drunk, and to prescribe a penalty for its violation.
Mr. Glenn offered the following resolution, which was read and adopted, to-wit:
Resolved, That in the future the printing of abstract of Journal be dispensed with, and that in the future the Calander for the day alone shall be printed.
Tht following bills were introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:
By Mr. Walker, of FloydA bill to anwnd an act to require and provide for the

MoNDAY, AuGusT 8, 1887.

269

registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, etc., so far as the same relates to the county of Floyd.
Also, a bill to provide for the registration of voters of the county of Floyd, apd for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Roads and Bridges, towit:
By Mr. Johnson, of DeKalbA bill to prevent the obstruction of water courses in this
State.
The folio wing hill was introduced, read the first time, and referred to the Committee on Penitentiary, to-wit:
By Mr. Clay, of CobbA bill to amend an act leasing out penitentiary convicts,
and to proyide for better inspection of the same ; act approved February 25, 1876.
The following bills were introduced, read the first time, and referred to the Committee on Banks, to-wit:
By Mr. Russell, of Clarke-
A bill to amend an act tu incorporate the Athens Savings Bank, approved October 19, 1885, by inserting a new section, etc.
By Mr. HowellA bill to incorporate the Atlanta Savings, Loan and
Trust Company.
The following bills were introduced, read the fir"t time, and referred to the Committee on Counties and County Matters, to-wit:
By Mr. Gordon-
A bill to relieve the city of Savannah from the payment of any expense attached to the City Court of Savannah; from all payments of fees; of salary to the Solicitor General of the Eastern Circuit and the officers of said court, on

270

JouRNAL OF THE HousE.

account of service in said court ; and to require the payment out of the treasury of Chatham county of such fees to the Solicitor General and officers of said court as have heretofore been paid out of the city treasury of Savannah, and for other purposes.
By Mr. Pittman-
A bill for the protection of game in Troup county, and for otlier purposes.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, August 9, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock. Brady, Brny. Brown of Henry. Brewster, Calvin. Cameron,

Hale, Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Httrrison of Franklin, Httrrisrm of Quitman, Httrper, Htuvey, Hawkins, Ht1yes, Henry, Henderson, Hill of Meriwether, Holland,

Nichols, Norris, Olive, Page, Parker, Peeples, Perry, Pickett, Pittman, Preston, Rawls, Rich, Reilley, Russell of Chatham. Russell of Clarke, Russell of Polk,

TUESDAY, AUGUST 9, 1887

271

Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Durrance, Evans, ]'agan, Felton of Bartow, Felton of Bibb, Felton of ~aeon, Featherston, Fortner, Fordham, Fonte, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Hagan,

Howell, Hughes. Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler. Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy. Key, Kimbrough, Lamar, Lumsden, Madden, Mill8, Mixon, Monroe, Morgan, l\Ioye, McUord,
~IcLane,
McGhee, McGarrity, McLendon, _,fcKibben, .McUleskey, Mc)fichael, Newton,

Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Murion, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Walker of Floyd, vValker of Putnam, vVatts, Watson, Way, Wei!, vVest, Whaley, Wheeler, Williams of Harris, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Thof'e absent were Messrs.-

Adams of Greene, Branch, Brown of Cherokee, Buch11n, Co11ey, Duggan, Franklin of Fannin, Grindle. Harris of Cat<>osa, Harris of Columbia,

Hill of Wilkes, Holleman, Howard. Lanier, Little of Talbot, l\i>tthews, Mauney, Perkins, Ray,

Reid, Reynolds, Rountree, Stovall, Vaughn, Vickers, Vining, Whelchel, Williams of Jackson.

Mr. P1eston, of the Committee on Journals, reported that

272

JouRNAL OF THE HousE.

the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Mr. Shewmake, chairman pro tem. of the Committee on Enrollment, submitted the following report:

IYir. Speaker :
The Committee on Enrollment report as duly enrolled, and signed by the Speaker ot th8 House of Representatives and Pn~sident of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit:
An act incorporating the town of East Point, in the county of Fulton, and to appoint Aldermen for the same, and for other purposes.
Also, an act to allow the land owners of lots Nos. 1.54, 155, 156, 165 and 166 in the 20th district of Stewart county, to put up gates across the public road known as the Cuthbert and Florence road, at any point where said road may pass over said lots.
Also, the following resolution, to-wit:
A resolution appointing a committc>e to examine the manuscript prepared by Judge C. H. Sutton, entitled, "The Georgia Justice," and report upon the same.
Also, a resolution for the relief of the Continental Insurance Company of New York.
Respectfully submitted. J. A. SHEWMAKE, Chairman pro tem.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matters have had under consideration the following bills, which they instruct me to report hack, with the recommendation that the same do pass, to-wit :

TuESDAY, AuGUST 9, 1887.

273

A bill for the protection of game in Troup county, and for other purposes.
Also, a bill to prevent fishing, hunting, or otherwise trespassing on the lands of another in the county of Washington, and for other purposes.
Also, the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to amend an act entitled an act to create a Board of Commissioners for the county of Mcintosh, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.

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

J!Ir. Speaker :

The General Judiciary Committee have had under consideration the following bills, which they instruct me to report back to the House with the recommendation that they do pass, to-wit:

A bill to repeal an act to define the duties of Masters in Chancery and Auditors ; to regulate the filing of exceptions to their reports, and define the duties of Judges of the Superior Courts, etc.
Also, a bill to amend section 4662 of the Code. Also, the following bill, which they recommend do pass as amended, to-wit: .

A bill to fix the compensation of the Sheriff of the Supreme Court.

Also, the following bills, which they recommend do not

pass, to-wit :



A bill to amend section 3888 of the Code.
Also, a bill to declare all liens which landlords are now entitled to, void and of no effect, for supplies and other
18

274

JouRNAL oF THE HousE.

articles of necessity furnished for making a crop, when the landlord charges the tenant more than cash pnce with legal rate of interest added.
Also, a bill to regulate the fines and forfeitures of the Superior Courts of the State of Georgia.
Respectfully submitted. RoBT. L. BERNER, Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Reynolds, Coney, Lumsden and Newton.
By unanimous consent, House bill No. 563, was taken up, and the Senate amendments thereto were concurred in.
By unanimous consent, the following bill was taken from the table and read the third time.
The report of the committee was agreed to, which was favorable to the passage of the bill by substitute.
The proper legal proofs weee exhibited, and the bill passed, by substitute, yeas 113, nays 0, to-wit :
By Mr. Russell, of Polk-
A bill to authorize the town of Cedartown, Polk county, Ga., to establish and maintain a system of public schools, and for other purposes.
The hour for the special nrder having arrived, upon motion, Honse bill No. 629 was taken up; the bill was read the third time; the report of the committee was agreed to ; anu the bill passed as amended by the requisite constitutional majority; yeas 92, nays 8, to-wit:
By .Mr. Smith, of FlynnA bill to regulate the capture of terrapins in the waters
of t~1is State; to provide penalties for a violation of the same, and for other purposes.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
Bv unanimous consent, the following bill was introduced, read. the first time and referred to the Committee on General Judiciary, to-wit:

TUESDAY, AUGUST 9, 1887.

275

By Mr. Dodgen~ A bill to amend section 4527 of the Code of Georgia.

Upon motion, House bill No. 743 was recommitted to the Committee on Counties and County Matters.
Upon motion, House bills Nos. 205 and 206 were recommitted to Committee on Internal Improvements.

Resolution No. 13 was taken up for a third reading, and, upon motion, the resolution was tabled.

The following resolution was read the third time; the report of the committee agreed to, which was favorable to the passage ot the resolution.

Upon the passage of the resolution the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Bailey, Bichmore, Black, Blalock, Bradv, Bray, Brown of Henry, Brewster, Calvin. Candler, ChappelL C.1ay of Walton, Come, Cook, Cawford, Darden, Denney, Dodgen, lluCose, Durrance, Evans,

Green of Clay, Greene of Maaison, Gresham, Griffith, Hale. Rand, Hart, Harrell of Decatur, Harrison of Franklin, Harper, Harvey:, Hawkins, Hayes, Henry, Hi!. "f Meriwethel', Holland, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch. Hunt, Hutchison, Iler,

McGhee, McGardty, McLendon, McKibben, McCleskey, McMichael, New",on, Nichols, Olive, Page, Parker, Peeples, Perry,
Pic~ett, Pi~tman,
Preston, Rawls, Reilley, lhssell of Chatham, l~ussell of Clarke, Russell of Polk, Schofield, Shewmake, Stevens,

276

JOURNAL OF THE HOUSE.

Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon,

Johnson of DeKalb, Jones, Kenan, Kennedy, Kimbrough, Lamar, Madden, Mills, Mixon, Monrue, Morgan, l\Ioye, McCord, McLane.

Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Tate, Taylor, Terrell, Walker of Floyd, Walker of Putnam, Watson, Way, Wei!, West, Williams of Harris, Worsham.

Those voting in the negative were Messrs.,--

Coggins. Henderson, Johnson of Screven, Key,

Lumsden. Rich, Sin1mons, Smith of Jefferson,

Thomas, Vea?:ey, 'Vheeler.

Those not voting were Messrs.-

Adams nf Greene, Atkinson, Belt. Berner, Branch, Brown of Cherokee, Buchan, Cameron, Clay of Cobb, Coney, Duggan, Glenn, Grindle, Hagan, Ham, Harrell of W ebstcr, Harrison of Quitman.

Harris of Catoosa, H>wris of Columbia, Hill of Wilkes, Holleman, Howard, ,Johnson of Echols, Lanier, Little of Talbot, Mathews, Mauney, Norris, Perkins, Rny, Reid, Reynolds, Ro<lntree, Sims,

Smith of Cr.. wford, Smith of Glynn, Smith of Gwinnett, Stovall, Strickland. Vaughn, Vickers, Vining. Watts, Whaley,
~Whelchel,
Williams of .Jackson, vVilliams of Upson, Wilcox, Wilson, Mr. Speaker.

Yeas 114. Nays 11. Not voting 50.

Having received the requisite constitutional majority the resolution passed, to-wit:

TuESDAY, Auaus.r 9, 1887.

277

By Mr. Howell-
A resolution for the relief of the Norwich Union Fire Insurance Society of England.
Upon motion, the hour of adjournment was extended until 1 o'clock p. m.
Upon motion, House bill No. 430 was recommitted to the Committee on Railroads.
The following resolution was read the third time, and, upon motion, was tabled, to-wit :
By Mr. Pickett-
A resolution to memorialize Congress on the matter of a National Bank system founded on real estate.
House bill No. fl7, was taken up for a third reading, and, upon motion, the bill was tabled.
Resolution No. 6fi, was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the Whole House.
Mr. Wheeler, of Walker, was called to the chair.
Mr Wheeler, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speakm :

The Committee of the Whole House have had under consideration resolution No. 65, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

The resolution was read the third time ; the report of the committee agreed to.

On the passage of the bill, the following is the result of the vote.

Those voting in the affirmative were Messrs.-

Arnheim
Ashley, Atkinson,

Hagan, Hale,
Hart,

McMichael, Newton, Nichols,

278

JouRNAL oF THE HousE.

Berner, Birchmore, Blalock, Brady, Bray, Brown of Henry, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Walton, Comer, Darden, Denney, DuBose, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner,
Gtb811n,
Gordon, Green of Clay, Greene of Madison, Gresham, Griffith,

Harrison of Franklin, Olive,

Harrison of Quitman, Page,

Harper.

Parker,

Hawkins,

Peeples,

Hayes,

Perry,

Henry,

Pickett,

Hill of Meriwether, Pittman,

Holland,

Preston,

Howell,

Rawls,

Hughes,

Reilley,

Huff,

Russell of Chatham,

Humphries of Brooks, Russell of Polk,

Hun.phries of Clinch, Schofield,

Hunt,

Shewmake,

Hutchison,

Simmons,

Iler,

Smith of Jefferson,

John~on of DeKalb, Stevens,

Johnsor. of Screven, Stewart of Mitchell,

Jones,

Stewart of Rockdale,

Kenan,

Stewart of Marion,

Kennedy,

Tate,

Key,

Taylor,

Kimbrough,

Terrell,

Lamar,

Thomas,

Lumsden,

Veazey,

Madden,

Walker of Floyd,

.Mills,

"\Valker of Putnam,

Mixon.

Watson,

Morgan,

"\Vay,

Moye,

Wei!,

:\lcCord,

West,

McLane,

Wheeler,

McGarrity,

Williams of Harris,

McLendon,

Williams of Upson,

McKibben,

Wilson,

McCleskey,

Worsham.

Those voting in the negative were Messrs.-

Coggins,

Henderson.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Bailey, Belt, Black,

Harrell of Webster, Harris of Catoosa, Harris ol Columbia, Harvey, Hill of Wilkes,

Rich, Hou11tree, Hassell of Clarke, Sirns, Smith of Crawford,

TuESDAY. AuGUST 9, 1887.

279

Branch, Brown of Cherokee, Buchan, Clay of Cobb, Coney, Cook, Crawford, . Dodgen, Duggan, Glenn, Grindle, Ham, Hand, Harrell of Decatur,

Holleman, Howard, Johnson of Echols, Lanier, Little of Talbot, Mathews, Mauney, Monroe, McGhee, Norris, Perkins, Ray, Reid, Reynolds,

Smith of Glynn, Smith of Gwinnett, t:itovall, Strickland, Vaughn, Vickers, Vming, Watts, Whaley, Whelchel, Williams of Jackson, Wilcox, Mr. Speaker.

Yeas, 117. Nays, 2. Not voting, 56.

Having received the requisite constitutional majority, the resolution passed, as amended, to-wit :

By Mr. McLendonA resolution paying G. Y. Tignor, stenographic reporter,
and William Harrison, sergeant-at-arms, for services rendered in the investigation of the charges against .Tudge Fain and Mr. Rankin, etc.
Mr. Preston offered the following resolution, which was read and adopted, to -wit :

Resolved, That four suitable maps of the State of Georgia be purchased for the use of the House and its committees.

The following bill was read the third time. The report of the committee was agreed to. The bill pas~ed, as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:
By Mr. ChappellA bill to substitute another section for section 3929 of
the Code, as to the oath of Bailiffs.

The following bill was read the third time. Upon motion, the hour of adjournment was extended until the bill under consideration was completed.

280

JouRNAL OF THE HousE.

The report of the committee, which was favorable to the passage of the bill, was not agreed to.
Upon the passage of the bill, the vote was as follows: yeas 36, nays 76. Not having received the requisite constitutional majority, the bill was lost, to-wit :
By Mr. Hill, of MeriwetherA bill to amend section 2628 (a) of the Code.
The House then adjourned until 9 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Wednesday, August 10, 1887.

The House met pursuant to adjournment; was caJled to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams t'>f Greene, Arnheim, Ashley, Atkinson, Bailey, Berner, Birchmore, Black, Blalock. Brady, Bray, Brown of Henry, Brewster, -Calvin, Cameron, (.Jandler, Chappell,

Hart, Harrell of Decatur, Harrell of Wehster, Harrison of Franklin, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, . Holleman, Howell, Hughes,

Page, Parker, Peeples, Perkins. Perry, Pickett, Pittman, Preston, Ray, Rawls, Reillev, Reynolds, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield,

WEDNESDAY, AuGUST 10, 1887.

281

Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Durrance, Evans, Fagan, Felton of Bartow, .Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham, Hand,

Huff; Humphries of B:oooks, Humphries of Clinch, Hunt, Hutchison, Iler, ,Johnson of DeKalb, .Johnson of Screven, ,Jones, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Madden, Mathews, Mauney, :\I ills, Mixon, ~[on roe, )[organ, Moye. }IeCord, }[cLane, }fcGhee, }IcGarrity, McLendon,
~cKibben,
}feUleskey, }lcMichael, Newton. Niehols, Norris. Olive,

Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, VT e a z e y . Vickers, v\ialker of Floyd, \'\'alker ot Putnam, Watts, \Vatson, way, Wei I, vVest, Whaley, Wheeler, Whelchel, \Villiams of Harris, V'\'illiams of Jaekson, Williams of Upson, vVilcox, Wilson, V.'orsham, }fr. Speaktr.

Those absent were Messrs.-

Belt, Branch,
Brown of Cherokee, Buchan, Coney,

Duggan, Harris of Columbia, Howard,
Johnson of Echols, Lumsden,

Reid, Stevens, Vaughn. Vining.

Mr. Williams, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

282

JouRNAL OF THE HousE.

The Journal was then read and approved.
Leave of abRence was granted to the following members, to-w~t : Messrs. Stephens, Crawford, Hughes and Cameron.
Mr. Wilson gave notice that he would move to reconsider so much of the action of the House, yesterday, as relates to the passage of House bill No. 629.
Mr.Jones, chairman of the Committee on Roads and Bridges, submitted the following report:

Mr. Speaker:
The Committee on Roads and Bridges have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that it do pass, to-wit:
A bill to repeal section 671 of the Code. Respectfully submitted.
P. W. JoNES, Chairman.

Mr. Shewmake, chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House, the following bill, to-wit:
A bill to incorporate the Planters' Bank of Preston, Georgia.
Respectfully submitted. J. A. SHEWMAKE, Chairman pro tem.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads have had under consideration the following bill, which I am directed to report back, with the recommendation that it do pass, to-wit :

WEDNESDAY, AUGUST 10, 1887.

283

A bill to amend the charter of the Georgia Midland and Gulf Railroad Company.
The committee have also had under consideration the following bill, which I am directed to report back with the recommendation that it do pass, as amended, to-wit:
A bill to incorporate the North and South Short Line Railway Company.
The committee return to the House the following bill, which the introducer has withdrawn by the consent of the House, to-wit:
A bill to rPquire locomotive engineers in this State to be examined and licensed by a board to be appointed by the Governor.
Respectfully submitted. THos. J. CHAPPELL, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker :
The Committee on Finance have had under con5ideration the following resolution, which they instruct me to return to th'! House, with the recommendation that the same do pass, to-wit :
A resolution for the payment of mileage for the adjourned session of 1887.
They have also had under consideration the following resolution, which they instruct me to return to the House with the recommendation that the same do not pass, to-wit :
A resolution for the relief ot John Wood, of the county of Catoosa.
Respectfully submitted. WM. W. GoRDON, Chairman.
Mr. Wilson of Camden, moved to reconsider the action o1 the House on yesterday relating to the passage of House bill No. 629.

284

JOURNAL OF THE HouSE.

Upon motion of Mr. Ham, the motion to reconsider was tabled.
The hour for the special order having arrived, upon motion of Mr. Felton, House bill No. 188, was taken up.
The House went into a Committee of the Whole Home, Mr. Felton of Bibb, was called to the chair.
Mr. Felton, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 188, and instruct me to report progress, and ask leave to sit again.
Re,.pectfully submitted. W. H. FELTON, Chairman.
Upon motion of Mr. Tate, the hour of adjournment was extended until 1 o'clock.
Upon motion of Mr. McLendon, the House went into a Committee of the ~Whole House for the further consideration of House bill No. 188.
Mr. Felton, of Bibb, was called to the chair.
Mr. Felton, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 188, and instruct me to report that they have made some progress and ask leave to sit again.
Respectfully submitted. W. H. FELTON, Chairman.
Upon motion, the House then adjourned until to-morrow morning at 9 o'clock.

THURSDAY, AUGUST 11, 1887.

285

ATLANTA, GEORGIA,
Thursday, August 11, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messrs.~

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan,

Hale,

Olive,

Ham,

Page,

Hand,

Parker,

Hart,

Peeples,

Harrell of Decatur. Perkins.

Harrell of Webster, Perry.

Harrison of Franklin, Pickett,

Harrison of Quitman, Pittman,

Harper,

Preston,

Harvey,

Ray,

Harris of Catoosa,

Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Henderson,

Rich,

Hill of J\Ieri wether, R<>nntree,

Holland.

Ru.-sell of Chatham,

Hollemar,,

HLHsell of Clarke,

Howard,

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Huff.

Simrnons,

Humphries of Brooks, Sin1s,

Humphries of Clinch, Smith of Crawtord,

Hunt,

Smith of Glynn,

Hutchison,

Smith of Gwinnett,

Iler,

Smith of ,Jefferson,

.Johnson of DeKalb, Stewart of J\fitchell,

Johnson of Screven, Stewart of Rockdale,

Jones, Kenan,

Stewart of l\>Iarion, Stovall,

Kennedy,

Stricklomd,

Key,

Tute,

Kimbrough,

Taylor,

Lamar,

Terrell,

286

JouRNAL oF THE HousE.

Felton of Bartow, Felt"n of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute. Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan,

Lanier, Little of Talbot, Madden, Mathews, Mauney, Mills, Mixon, Monroe, Morgan,
~Ioye,
McCord,
~IcLane,
McGhee, McGarrity, :\IcLendon, McKibben, McCleskey, McMichael, Nichols, Norris,

Thomas, Veazey, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Weil, West, Whaley. Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, J\Ir. Speaker.

Those absent were Messrs.-

Cuney, Crawford, Harris of Columbia, Hill of Wilkes,

Johnson of Echols, Lumsden, Newton, Stevens.

Vaughn, Vickers, Vining.

Mr. Preston, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been ex,. amined and found correct.
The Journal was then read and approved.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to allow the land owners of lots Nos. 154, 155, 156, 165 and 166, in the 20th district of Stewart county, to put up gates across the public road known as the Cuthbert

THPRSDAY, AUGUST 11, 1887.

287

and Florence road, at any point where said road may pass over said lots.
Also, an act incorporating the town of East Point, in the county of Fulton, and to appoint Aldermen for the same, and for other purposes.
Also, an act to incorporate the Planters' Bank of Preston, Georgia.
The Governor has also approved and signed the following joint resolutions of the General Assembly, to-wit:
A resolution for the relief of the Mutual Reserve Fund and Life Associa~ion.
Also, a resolution for the relief of the Continental Insurance Company of New York.
Mr. Walkm, of Putnam, chairman of the Committee on Temperance, submitted the following report:

J:lr. Speakel':

The Committee on Temperance have had under consideration a bill which was recommitted to this committee, and which is a bill to amend an act approved March 5, 1875, which amended an act, approved March 20, 1875, so as to apply its provisions to the incorporated towns and villages of Harris county, which the committee request me to report back with the recommendation that it do pass.
Rm;pectfully submitted. N. S. WALKER, Chairman.
Mr. West, chairman pro tem. of the Committee on Special .Judiciary, submitted the following report :

Jfr. Speaker:
The Commil.tee on Special Judiciary have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pasi:', to-wit :

288

JouRNAL OF THE HousE.

A bill to be entitled an act for the relief of E. W. Cole-
man. They have also had under consideration the following
bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill providing for the registration of qualified voters in Terrell county, Georgia, and for other purposes.
Also, a bill to entitled an act to provide for the registration of the voters of Macon county, Georgia, and for other purposes"therein contained.

The committee haw also had under consideration the following bills, which they instruct me to report back, with the recommendation thai the same do not pass, to-wit:
A bill to be entitled an act to authorize County Treasurers to pay county orders out of different funds than that upon which they are drawn, and for other purposes.
Also, a bill to he entitled an act to amend section 3697 of the Code, by adding the following proviso : Provided, That the compensation for each of Raid officers for such services shall in no case exceed the sum of fifty dollars per annum.
Also, a bill to be entitled an act to prescribe the dutie~ of the Jury Commissioners of the several counties of this State, in reference to excluding the names of certain county officers from the jury boxes of the several counties, and for other purposes.
Also, a hill to be entitled an act to extend the semiannual sessions of the Superior Courts of the county of Worth.
Respectfully submitted. H. S. WEsT, Uhairman protem.
Mr. Calvin, chairman of the Committee on Education, submitted the following report :

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

THURSDAY, AuGusT 11, 1887.

289

tion the following bill, which they have instructed me to report back to the House with the recommendation that it do pass, to-wit :
A' bill to extend the public school term in Mitchell county, Georgia, and for other purposes.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker:
The Committee on Finanne have had under consideration the following bills, which I am instructed to return to the House, with the recommendation that they do pass, as amended, to-wit :
A bill to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee River at Fort Gaines, Georgia; to issue bonds to the amount of $10,000 for the payment of 'laid bridge, and tor other purposes.
Also, a bill to make an appropriation to pay Madison M. Caswell, of the county of Clinch, for an artifiical arm, under an act approved December 4, 1886, and for other purposes.
I am further instructed to return the following bill to the House, with the recommendation that the same do pass, by sub;;;titnte, to-wit :
A bill to provide that all amounts received from inspection of oils in this State shall be paid into the Treasury of this State, to become a part of the educational fund, and for other purposes.
Respectfully submitted. W:M. W. GoRDON, Chairman.
Leave of absence was granted to the following members, to-wit: Messrs. Page, Kennedy, Griffith, Hayes, Durrance,
19

290

JorRNAL oF THE HousE.

Adams of Elbert, Perry, Stewart of Mitchell, Parker, Featherston, and Green of Madison.
The Speaker announced the following committee to examine the book prepared by Mr. Sutton, of the county of Habersham, known as the" Georgia Justice," to-wit:
Messrs. Chappell, Clay of Cobb, Franklin of Thomag, and SimmonH.
Upon motion, Hou~e bills No~. 405 and 411 were withdrawn.
The hour for the special order having arrived, the House went into a Committee of the Whole House.
Mr. Felton, ot Bibb, was called to the chair.
Mr. Felton, of Bibb, chairman of the Committee of the Whole House, submitted the following report:

Mt. Speaker:
The Committee of the Whole House have had under consideration House bill No. 188, and requests me to report progress, and ask leave to sit again.
Upon motion of Mr. Felton, of Bibb, House bill No. 188 was recommitted to the Committee on Penitentiary.
Resolution No. 93 was taken up for a third reading.
Pending the consideration of the resolntion, the House adjourned until to-morrow morning, at 9 o'clock.

A'l'LANTA, GEOR<HA,
Friday, August 12, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names:

FRIDAY, AuausT 12, 1887.

291

Those present were Messrs.-

Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, BIHlock, Brady. Branch. Bray, Brown of Henry. Brown of Cherokee. Brewster, Buchan, Calvin, Candler, Chappell, Clay of Cobb. Clay of Walton, Coggins, Comer, Coney, Cook. Darden, Denny, Dodgen, DuBose, Evans. Fagan, Felton of Bartow. Felton of Bibb, Felton of :Macon, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thoma~. Gamble, Gardner, Gibson, Gordon, Glenn,

Hart, Harrell of Del)atur,

Norris, Olive,

Harrell of Webster, Parker,

Harrison of Franklin, Peeples,

Harrison of Quitman, Perkins,

Harper,

Pickett,

Harvey,

Pittman,

Harris of Catoosa,

Pre~ ton,

Harris of Columbia, Ray,

Haw kin~.

Rawls.

Hayes,

Reid,

Henr~.

Reilley,

Hender;;on.

Reynol<h.

Hill of Meriwether, Rich,

Hill of Wilkes,

Rountree.

Holland,

Russell of Chntham,

Holleman.

Russell of Clarke,

Howell,

Russell of Polk.

Hughes,

t'lchofield,

Huff,

Shewmake,

Humphries of Brooks, Simmons,

Humphries of Clinch, Sims,

Hunt,

Smith of Crawford.

Hutchison,

Hmith of Glynn,

Iler,

Smith of Gwinnett,

.Johnson of DeKtllb, Smith of ,Jefferson.

,Johnson of Echols, Stevens,

Johnson of Screven, Stewart of Mitchell,

.Jones,

Stewart of Rockdale,

Kenlln,

Stewart of Marion,

Kennedy,

Stovall,

Key,

Htrickland,

Kimbrough,

Tate,

Lamar,

Taylor,

Lanier,

Terrell,

Little of Talbot.

Thomas,

Lumsden,

Veazey,

Madden, :Vlatthews, Mauney. :Hills,

Vicker<', Wnlker of Floyd, Walker of Putnnm, Watts,

Mixon,

Watson,

Monroe,
~lorgnn.
Moye,

Way, Weil, West,

292

JouRNAL OF THE HousE.

Green of Clay, Green of Madison, Gresham, Griffith, Grindle, Hagan, Hale. Ham, Hand.

llLUord, McLane, McGhee, McGarrity, ::VlcLendon, ::VlcKihben, McCleskey. McMichael, Nichols,

Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, ~Williams of Upson,
~Wilson,
IN orsham, Mr. Speaker.

Those absent were Messrs.-

Adam:; of Elbert, Cameron, Crawford. Duggan, Durrarwe,

Featherston, Howard. Newton, Page,

Perry, Yaugbn, Vining, Wilcox.

Mr. Gibson, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correet.
The ,Journal was then reaJ and approved.

~fr. Harrison, chairman of the Committee on Corporations, >iubmitt.ed the following report:

M1. Speaka :
The Committee on Corporations have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend the charter of the city of Dalton. Also, a bill to incorporate the MonteY-nma Steamboat Company. Also, a bill to amend the charter of tl1e town of Fort Valley. Also, a bill to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall and Banks. Proofs correct. Also, a bill to continue in force an act to incorporate the Georgia Insuranee Company, approved December 20, 1860.

FRIDAY, AUGUST 12, 1887.

293

Also, a bill to amend the charter of the Atlanta Home Insurance Company. Proofs correct. . Also, the following bill which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend the charter of the town of Warrenton. Proofs correct.
Also, the following bills which they recommend that the author be allowed to withdraw, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 2R, 1874.
Also, a bill to incorporate the Royal Legion of H11nm of Georgia.
Respectfully submitted. \VrLLIAM HARRISON, Chairman.

Mr. Berner, chairman of the Committee on General J ndiclary, submitted the following report :

Mr. Spealter:
The General Judiciary ( ommittee have had under consideration the following bill, which they instruct me to report back to the House, with the recommendation that it do pass, as amended, to-wit:
A bill to provide for taking of land which is pri\ate property, in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States government.
Also, the following bill, which they instruct me to report back, with the recommendation that it be referred to the Committee on Counties and County Matters, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Houston.
Respectfully submitted. RoBERT L. BERNER, Chairman.

294

.JouRNAL OF THE HousE.

Mr. Johnson, of Screven, chairman of the Committee on Hygiene and Sanitation, submitt.ed the following report:

Mr. Speaker :
The Committee on Hygiene and Sanitation have had under consideration the fi)llowing bill, which .they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to prohibit the ~ale of tobacco to minors, and for other purposeti.
Respectfully submitted. J. ~W. JoHNsox, Chairman.
Leave of absence was granted to each of the following members to-wit: Messrs. Veazey, McLendon, Rich, Hand, Pickett, Iler, Walker of Floyd, Smith of nrawford, Stewart of Marion, McMichael, Gamble, and McCleskey.
Mr. Felton, of Bibb, offered the following resolution, which was read and adopted, to-wit:
Resolved, That the order of the day be the reading of bills the third time.
The following resolution was read the third time. As the same provided for an appropriation, upo~ motion, the House went into a Committee of the Whole House. Mr. Calvin was called to the chair. Mr. Calvin, chairman of the Committee of the Whole House, submitted the following report:
Mr. Speaker:
The Committee of the Whole House have had under consideration rel'Jolution No. 93, which they instruct me to report back wit.h the tecommendation that the same do pass, as amended.
Upon the adoption of the report of the committee, the previous question was called, which call was sustaim~d and the main question ordered.

.I!'RIDAY, AuGuST 12, 1887.

295

The report of the committee was agree to. Upon the passage of the resolution the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Adams of Greene. Arnbeim, Ashley, Birch more, Black, Blalock, Brady, Bray, Brown of Cherokee, Buchan, Comdler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Darden, Denney, Dodgen, DuBose, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Fortner, l<'ordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Gresham,

Hagan, Hale, Ham, Hand, Hart, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Hawkins. Henry, Holland, Howell, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Johnson of DeKalb, Johnson of Screven. .Jones, Kenan, Key, Kimbrough, Lamar, Lanier, Madden, Mauney, Mills, Mixon, Monroe, Morgan, Moy<', McCord, McLane,

!IcGhee, McMicbotel. Nichols, Norris, Olive, Peeples, Pittman. Preston, Rawls, Reid, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Smith of Glynn, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Taylor, Thomas, Vea7.ey, Walker of Floyd, Walker of Putnam, Watts, Whaley, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

Atkinson, Belt,

Henderson, Hill of Meriwether,

Pickett, Strickland,

296

JouRNAL OF THE HousE.

Clay of Walton, Oook, Fagan, Harrell of Webster, Harris of Catoosa,

Holleman, Little of Talbot, Mathews,
~IcGarrity,

Terrell, Vickers, Watson, Wheeler,

Those not voting were Messrs.-

Adams of Elbert, Bailey, Bern or, Branch, Brown of Henry, Brewster, Calvin. Cameron, Crawforc\, Duggan, Durrance, J<'eatherston, Greene of Madison, Griffith, Grindle, Harris of Columbia, Harvey,

Hayes, Hill of Wilkes, Howard, Hughes, Tier, ,Johnson of Echols. Kennedy, Lumsden, McLendon, :1-feKibben, )fc('leskey, Newton, Page. Parker. Perkins, Perry, Ray,

Reynolds, Rich, Simmons,
S1n1s,
Smith of Crawford, t-lmith of Gwinnett, Stevens, Stewart of Mitchell, Vaughn, vining, Way, Wei!, 'liVest, Wilcox, \Vilson. Mr. Speaker.

Yeas, lOG. Nays, 19. Not voting, ;)0.

HaYing receiYed the requisite constitutional majority, the resolution passed, as amended, to-wit :
By Mr. Harrell-
A resolution appro\ing and <~onfirming the settlement made by t!-:e GoYernor of the State's claim represented by bonds of the Asheville and Spartanburg Railroad.

Mr. Smith, of .Tefft>rson, offered the fi>llowing resolution, which was read and referred to the Committee on Rule~, to-wit:

Re8obed, That from and after the adoption of this resolution, no member shall bP allowed to make remarks, which ate personal and derogatory to his fellow-members.
The following reolution was tead the third time; the report of the committee agreed to, and the resolution pass-

FRIDAY, AUGUST 12, 1887.

297

ed by the requisite constitutional majority, yeas 9.5, nays 0, to-wit:
A resolution for the relief of the Hartford Steam Boiler Inspection and Insurance Company.
The following bill was read the third time ; the report of the committee agreed to, which was favorable to the passage of the bill by substitute, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to prevent officers or agents of banks, or other corporations organized under the laws of this State, from taking, borrowing, or using for their own nse, any money or other property of said banks, or other corporations, without the permission of the Board of Directors the1eof, and for other purposes.
The following resolution was read the third time; the report of the committee was agreed to, and thP resolution passed by the re<}Uisite constitutional majority, yeas 89, nays 0, to-wit :
By Mr. Black-
A resolution to authorize the sale o1 lease of cc1tain property belonging to the State.
The following bill was read the third time, and, upon motion, was tabled, to-wit:
By Mr. Bray-
A bill to incorporate the Atlanta Chemical Company. The following bill was 1ead the third time; the report of the committee was agreed to, as amended, and the bill passed, as amfmded, by the requisite constitutional majority, yeas 96, nays 0, to-wit :
A bill to allow fees to Justices of the Peace, Notaries Public, ex-offiC'io Justices of the Peace, in case where no fees are allowed by law.
Mr. DuBose offered the following resolution, which was read, and, upon motion, was tabled, to-wit :

298

JouRNAL oF THE HousE.

A resolution providing that no nPw bills shall be introduced in the House after the 20th instant, unless by unanimous consent.
The f~llowing bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill, by .mbstitute, and the bill passed by the requisite constitutional majority; yeas 98, nays 0, to-wit :
A bill to alter and amend section 034 of the Code of 1882, relating to peddling by maimed soldiers.
The following message was received fi'Om the Senate, through Mr. Harris, the Secretary thereof:

A'Ir. Speaker :
The Senate has passed the following Senate bills, to-wit:
A bill to regulate the husines'l of insurance in this State; passed by the requisite constitutional majority; yeas 29, nays 1.
Also, a bill to prohibit the sale of any spirituous liquors within three miles of the Lula Methodist Church in Hall connty; passed by the requisite constitutional majority; yeas :{:{, nays 0.
Also, a bill to promote the transportation of lumber and naval stores; to provide for the tran!lportation of the same by tramways, and to fix the mode of la~ring out such way; passed by the requisite constitutional majority ; yeas 33, navs 1.
The Senate has also passed the following bills of the Honse, to-wit:
A bill to amend section :1910 (b) of the Code; passed by the requisite constitutional majority.
The Senate has also concurred in the following resolution of the House, to-wit:
A I;esolution p1oviding fi>r the appointment of a joint committee to inquire into the can!-les of the delay in the

FRIDAY, AuGUS'l' 12, 18137.

299

printing and distribution of the Reports of the Supreme Court, and has appointed as a ccmmittee on the part of the Senate, Messrs. Brantley and Lewis.
The following bill was read the third time; the report of the committee agreed to, which was favorable to the passage of the bill by substitute, and the bill passed by the requisite constitutional majority, yeas 96, nays 2, to-wit:
By Mr. DuBoseA bill to prevent foreign corporations doing business in
this State from continuing sueb business in this State after a removal of such suit begun against them in the Courts of this State to a United States Court.
The following bill was read the third time ; the report of the committee, as amended, agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 97, nays 0, to-wit :
By Mr. Simmons-
A bill to authorize transferees of tax fl. Jas. to collect
lawful rate of interest on said ji. [as. from date of tmnsfer.
The following bill was read the third time; the report of the committee agreed to, and the bill passed by the requisite constitutional majority, yeas 90, nays, 2, to-wit :
By Mr. MonroeA bill to rf'peal section 4601 (a) of the Code of 1882.
House bill No. 210 was taken np. As the bill provided for an appropriation, upon motion, the HouRe went into a Committee of the ~Whole House. Mr. Ham, of Hall, was called to the chair.
Mr. Ham, chairman of the Committee of the Whole House, submitted the following report:

Mr. Spei~ker:
The Committee of the Whole House have had under consideration House bill No. 210, and request me to report progress, and ask leave to sit again.

300

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 94, nays 0, to-wit:
By Mr. GambleA bill to amend section 288 of the Code of 1882.
The following bill was read the third time ; the report of the committee, as amended, was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 96, nay~; 5, to-wit:
By Mr. GambleA bill to amend section -1:600 of the Code.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs we1e exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit :
By Mr. WeilA bill to amend an act to incorporate the Metropolitan
St1eet Railroad Company, and for other purposes.
Upon motion, House bills Nos. 210 and -!:32, were made the special orders for Wednesday August 17, immediately after tht> reading of the Joumal.
The following bill wa" read the third time; the report of the committee waH agreed to ; the legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas, 90, nays 0, to-wit :
By Mr. WfilA bill to pmhibit drunkenness, and indecent and disor-
derly conduct in WeHt View Cemetery in Fulton county.
The following bill was read the third time; the report of the committee waH agreed to, and the bill pasHed by the requisite constitutional majority, yeas 90, nays 0, to-wit.:
By Mr. Humphries, of ClinchA bill to aru!'nd section 1632 of the Code of 1882.

FRIDAY, AUGUST 12, 1887.

301

The following bill was read the third time; the report of the committee, as amended, was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 1, to-wit :
By Mr. HuffA bill to create a Police Commission for the city of Ma-
con, etc.
Mr. Berner offered the following resolution, which was read and adopted, to-wit :
Resolved, That the session of Saturday be devoted to the reading of House bills favorably reported the second time, and Senate bills first time, and the call of counties for the intr0duction of new matter.
The following bill was read the third time; the report of the committee agreed to, and the bill passed by the requisite constitutional majority, yeas 96, nays 0, to-wit:
By Mr. Felton of MaconA bill to create the office of Solicitor of the Conntv
Court, of Macon County.
The following bill was read the third time ; the report of the committee agreed to; the proper legal proofs exhibited, and the bill passed by the requisite constitutional majority, yeas 9.5, nays 0, to-wit:
By Mr. Hunt-
A bill to provide for the payment of insolvent criminal costs to the officers of the County Court of Hancock county, aud for other purposes.
Upon motion, Senate bill No. 2:2 was made the special order for Thursday the 18th, immediately after the reading ot the Journal.
By unanimous consent, the following Senate bill was read the first time, and referred to the Committee on Corporations, to-wit :

. 302

.JouRNAL OF THE HousE

By Mr. Powell, of the 22d DistrietA bill to amend the charter of the town of Barnesville
and the acts amendatory thereof, so as to provide for the . election and fix the term of offices of Mayor and Aldermen,
etc.
Upon motion, the House adjourned until to-morrow moming, at D o'cloek.

A.TLAYfA, GEOIWL\.,
Saturday, August 13,1887.

The House met pnr;-;nant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. W. F. Robison.

The roll was called, and the following members answered to their names :

Those pre~;ent were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt. Berner, Birch more, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee. Brewster, Buchan, Calvin, Candler, Chappell, Clay of Cobb,

Glenn, Greerw of Clay. Greene of :\[adisou. (-treshatnJ Griffith, Hagan, Hale, Ham. Hand, Hart. Harrell of Decatur, llarrell of \Vebster, Hnrrison of ~'ranklin, Harrison of quitman, Harper, Harvey. Harrii' of Cntoosa, Hawkins, Hayes, Heury, Henderson,

}lorgan, McCord, :VIeGarrity, McKibben, McCleskey, Nichols, Norris, Olive, Perkins, Prnstou, Haw is, Reid,
l~eilley,
Rich, Rountree, Russell of Chatham, Russell of Clarke, l{nssell of Polk, t'lchotield, Shewmake, Smith of Glynn,

30:3

Clay of Walton, Coggins, Comer, Coney, C..1ok, Darden, Denney, Dodgen, DuBose, Durrance, Evans,
Fag>~n,
Felton of Bartow. Felton of Bibb, Felton of C\Iacon. Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson, Gordon,

Hill of Meriwether, Hill of Wilkes. Holland,

Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale,.

Holleman,

Stovall,

Hull',

Strickland,

Humphries of Brooks, Taylor,

Humphries of Clinch, Terrell,

Hutchison,

Thomas,

,Johnson of DeKalb, Yickers,

.Johnson of Echols, Watts,

John::.:.on of Screven, Watson .

.Jono;;;,

W>ty,

Kenan,

Whaley,

Kimbrough,

Wheeler,

Latnar,

Whelchel,

Lnnier,

Williams of Harris,

Little of Talbot,

\Villiam,; of .Jackson.

.\lad den,

\Villiarns of Cp:'on,

~hthews.

Wilcox,

)launey,

Wilson,

Mills,

Worsham,

)fixon,

)[r. Speaker.

Monroe,

Those absent were Messrs.-

.Bray, Cameron, Crawford, Duggan, Feather;.ton, Gamble, Grindle, Harris of Columbin, Howard, Howell, Hughes, Hunt, Iler, Kennedy. Key,

Lumsden, Moye, i\{cLane, McGhee, )lcLendon, McMichael, Newton, Page, Pnrker, Peeples, Perry, Pickett, Pittman, ltay, l{eynolds,

Sirnmons, Sims, Smith of Crawford, Stevens, Stewart of "'litchell, 8tewart of Marion, Tate, Vnughn, Veazey, Vining, Walker of Floyd, Walker of Putnam, Wei!, West.

Mr. Williams, of Upson, of the Committee on ,Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
ThP Journal was then read and approved.

304

.JouRNAL OF THE HousE.

Mr. Felton, of Macon, 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 instruct me to report back, with the recommendation that the same do pass, by snbstitutt>, to-wit :
A bill to better protect the lands and farming interests in the 74;3d district, G. M., of Taylor county.
Respectfully submitted. vV. H. FELTOX, Chairman.

Mr. Russell, of Clarke, chairman of the Committee on Banks, "uhmitted the f<)llowing report:
lfr. Speake1:
The Committee on Banks, have had under consideration the following bill:-, which they instruct me to report back, with the recommen(lation that the same do pass, to-wit:
A bill to amend an act to incorporate the Van 'Vert lluarrying and MiniJJg Company, approved December 18, 188G.
Abo, the following bills, whieh I am instructed to report back, with the recommendation that they do pass, as amended, to-wit :
A bill to ineorporate the Albany Savings Bank. Also, a bill to incorporate the Bank of Handersville, and for other purposes. Respectfully :-;nbmitted.
R. B. RussELL, Chairman.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speala'l': The Committee on Counties and County Matters have

SATURDAY, AUGUST 13, 1887.

;305

had under consideration the followit'.~i bill, which they instruct me to. report back, with the re. ,Jmmendation that the same do pass, to-wit :

A bill to provide for the registration of the legal Yoters

of the county of Irwin.



Also, the following bill, which I am instructed to report back, with the recommendation t],at the same do pass, by substitute, to-wit:

A bill to settle and define the county lines in this State, when differences may exist between counties as to the bound-
aries thereof. Respectfully submitted. J. l\I. TERRELL, Chairman.

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

Mr. Spealel':
The Committee on Special J udiciar~ have had under consideration the following hills, which I am instructed to report back to the House with the recommendation that they do pass, to-wit :
A bill to pmvide fot the registration of Yoters in the . county of Floyd, and for other purposes.
Also, a bill to amend an act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, etc.
Also, a bill to authorize the Board of County Commissioners of Mitchell county to submit to the qualified voters of sRid county the question of issuing bonds to pay for a court house, etc,
Also, the following bill, which I am instructed to report back, with the recommendation that the same do not pass, to-wit:
A bill to pmvide for paying fees to jurors and witnesses in Coroner1s investigations, and for other purposes.
20

306

.JouRNAL OF THE HonsE.

Also, the following bill, which I am instructed to report
back, with the tecommendation that the introducer be
allowed to withdraw, to-wit:

A bill to change the time of holding the Superior Court of the count~ of Coffee, in the Brunswick Judicial Circuit of this ~tate, and for other purposes.
Rr,speetfnll: submitted.
F. C. TATE, Chairman.

~lr. Harri,;on, of <~nitman, ehairman of the Committee on Corporation:-;, ~nbmitted the following report:

.th. 8jJi'ol.e,:

The Committee on Corporations have had under condd eration the following bill,_ of the Hon'"'e, which they instruct me to report back, with the reeornmemlation that they do pa.~s. 1o-wit:

A bill to provide for the exten,:ion of the corporate limib of Columbus.

Abo, a bill to atuend tlw aets incorporating the town of Palmetto.
Al,;o, the follo"ing Senate bill, to-wit:

A bill to amend the charter of the town of Bamesville.

Al,;o, the following bill, which tlwy recommend do pass, at' amended, to-wit:

A bill to provid~: a new charter incotporating the town of Tennille.
Also, the following bills, which they recommend. that the author he allowed to withdraw, to-wit:

A bill to incorporate the town of Rosehill.

Also, a bill to amend tr.e title of an act for the better organi;,ation, goyernment and discipline of the volunteer

troop:-; of this State. Re,;~wctfully submitted.

vV ~L. IlA HIUSOK' Chairman.

8A'.rURDAY, Aum:rsT 13, 1887.

:~07

Mr. Olive, chairman pro tem. of the Committee on Corporations, submitted the following report :

J1r. Speaker.
The Committee on Corporations have had under consideration House bill No. 747, entitled an act to incvrporatl' the Mann factmets' Insurance Mutual Ai(l Society, which they instmet me to report back, with the recommendation that it do pass, as amended.
Re~peetfnlly submitted . T. T. 0LI\'E, Chairman pro teat.

Mr. Reilley, chairman of tht Committee 011 :\Iilitarv Affiairs, submitted the following report:

Mr. Speake;:
The Committee on Military Affair,.:, have had under consideration the following resolution and bill, which they instruct me to report back, with the recommendation that they do pass, to-wit :
A resolution to appropriate one hundred and fifteen dollars to the Jackson Light At-tillery Company of Albany.
Also, a bill to provide for the appointment and commissioning of a Stirgeon for each Light Battery of Artiller~ of volunteers.
Respectfully submitted. PETEH REILLEY, Chairman.
Mr. Calvin, chairman of the Committee 011 Education, ~ubmitted the following repmt:
.lfr. Speaker:
The Committee on Education have had under consideration the following bill, which I am inftructed to report back, with the reeommendation that the same do pass, by substitute, whose title is the same as original bi II, to-wit:
A bill to amend an act entitlrd an aet to establish a syt<-

308

.JouRNAL OF THE HousE.

tem of public schools in the city of Newnan, Georgia, and for other purposes.
Respectfully submitted.
MARTIN V. CALVIY, Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Simmons, Nichols, DuBose, Moye, Peeples, McGhee, Perkins, Hagan, Dodgen, Key, McCleskey, Evans, Black, Gibson, Gresham and Clay of Cobb.
Leave of absence wa5 granted to the Committee on Corporations from the morning session.
Upon motion, House resolution ~ o. 9~ wa,; withdrawn.
Upon motion, House bill ~o. 445 was recommitted to Committee on Special Judiciary.
Upon motion, House bills Nos. 303, ;)33 and 529 were withdrawn.
The following bills and resolutions were read the second time to-\vit :
A bill to appropriate the sum of five thousand dollars, or so much thereof as may be necessary for the purpose of repairing the buildings of the University of the State of Georgia.
Abo, a resolution to further the improvement of the Flint, Chattahoochee and Apalachicola Rivers.
Upon motion, the resolution was adopte<l. Also, a resolution for the payment of mileage for the adjourned session of 1887. Also, a bill to prescribe the manner of selling trust property, and to require the reinvestment of the proceeds within thirty days, and for other purposes. Al.,o, a bill to amend section 1977 of the Code of 1882. Abo, a bill to require the indexing of all deeds, mort gages, judgments, liens, executions, conditional bills of sale, and other papers required to be recorded by the laws of this State, etc.

SATURDAY, AUGUST 13, 1887.
Also, a bill to allow soldiers who have lost an arm or leg to draw one-thitd the amount they may be entitled to, annually, instead of once in three years.
Also, a bill to require the grand juries of the several counties in this State to inspect the sanitary condition of the common jails of their respective counties, at each regular term of the Superim Courts, etc.
Also, a bill to repeal an act to define the duties of Masters in Chancery and Auditors, etc., approved Octobet 16, 1885.
Also, a bill to amend an act entitled an aet to prescrib') the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and ~Washington, approved
February :W, 1873, so as to embrace Richmond within the
provisions of said act, etc. Also, a bill to authorize and empower the .Mayor and
Alderman of the city of Milledgeville to submit to the qualified voters of said city, the question of taxation for the support of the Middle Georgia Military and Agricultural College and Eddy School, and for other purpose,;.
Also, a bill to incorporate the town of Logan,;ville, in the county of \Valton, and to grant certain powers, etc.
Also, a bill to provide that all amounts received from inspection of oil in this State be paid into the treasury of this State, and become a patt of the educational fund, etc.
Also, a bill to better protect the lands and farming interests in the 7-!3d district G. M., of Taylor county, Ga.
Also, a bill to amend section 4662 of the Code of 1~82. Also, a bill to fix the compensation of the Sheriff of the Supreme Court, and provide the manner of its payment. Also, a bill to settle and define the county lines of this State where differences may exist between counties as to the botuJdaries thereof, and for other purposes. Also, a bill to amend au act entitled au act to repeal an act entitled an act to so far modify the law~> against lotteries as to enable William W. Boyd and others to adopt a scheme to raise money for the purpose of building a Horne for and

310

JoPRXAL OF THE HoesE.

supporting indigent widows and orphans; the Home to be called the Masonic Orphans' Home; approved December 12, 1866; and also to dispose of the property acquired under said act by striking out and repealing the 3d section of said act.
Also, a bill to incorporate the Austell Banking Company; to define its powers, etc.
Also, a bill to provide tor election of Vice President of Exchange Bank ot Macon, Ga.
Also, a bill to fix the eompen:,;ation of gtand and petit jutors in the county of Campbell.
Also, a bi II to amend an act to incorporate the West End and Atlanta Street Hailroad Company; approved August :26, 187:2.
Also, a bill to prohibit the manu!aetme or sale of spirituous or malt liquors within two miles of Trinity Methodist Church, in the county of Gwinnett, etc.
Also, a bill to consolidate, amend and supercede the acts incorporating the town of Green ville, in the county of Meriwether; to provide for Mayor and Councilmen, etc.
Al1-1o, a bill to provide a penalty for the improper payment of public moneys m this State.
Also, a bill to amend the charter of the Georgia Laon and Trust Company, etc.
Also, a bill to amend section 4441 of the Code of 1882. Also, a bill to incorporate the Albany Savings Bank. Also, a bill to incorporate the Blue Ridge and Atlantic Railroad Company. Also, a bill to amend the charterof the town of Warren-
ton, ete. Also, a bill to authorize the \Vardens and Vestry of
Ttinity Church, of Columbus, Ga., to sell, and by proper deeds, to convey to the purchasers title to certain lands held by them for chureh pmposcs in Columbns, Ga., and for. otlwt purpose,.;.
Also, a bill to amend an aet establishing a new charter tor the city of "\ tlanta, approved February :28, 1878, and tlw aets amendatory thereof, l'tl'.

SATURDAY, AUGUST 13, 1887.

311

Also, a hill requiring the Commissioners of Roads and Revenues of the county of Campbell, State of Georgia, to build court houses in each militia district.
Also, a bill incorporating the Central City Street Railroad Company.
Also, a bill to amend section 1589 of the Code of Georgia.
Also; a bill to amend the charter of the town of \Vaycro:;s, in the county of Warc, so as to provide for the registration of voters ot said town, etc.
Also, a bill to make it penal to prevent, or attempt to prevent, any persl)n from engaging or remaining iu, or performing the duties of any lawful employment.
Also, a bill for the relief of E. W. Coleman. Also, a bill to amend an act entitled an act to establish a system of public schools in the city of Newnan, Georgia, etc., approved December 27, 1886. AJso, a bill to incorporate the North and South Short Line Railway Company. Also, a bill to provide for the registration of the legal voters of the county of Irwin, and tor other purpose>'. Also, a bill to amend an act entitled an act to incorporate the Rome and Northeat>t Railroad Company, etc., approved December 20, 1886. Also, a bill to make an appropriation to pay Madison M. Carswell, of Clinch county, this State, for an artificial ann, under an act approveci December -1, 1866. Also, a bill to provide for the taking of land which is private property, in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States Government for a post office, court house and other purposes.
Also, a bill to incorporate the Bank of Sandersville, and for other purposes.
Also, a bill for the disposition and appropriation to puhlic . bridges in Dodge eounty, of all moneys in the County Treasury of said eounty, by virtue of an act to provide for

312

JouRNAL oF THE HousE.

the disposition of all moneys in the hands of Superintendents of Roads and Treasurer of Boards of Road Commissioners in the State at the time of the passage of an act, approved December 13, 1884.
Also, a bill to provide a new charter, incorporating the town of Tennille, in the county of Washington, and to grant certain powers, etc.
Also, a bill to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee.
Also, a resolution to approptiate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company of Albany, etc.
Also, a bill to amend the several acts incorporating the town of Palmetto, in Campbell county, etc.
The Committee on Halls and Rooms, to whom was referred the application of E. G. Simmons and others, committee in behalf of G. U. 0. of 0. F. f01 the use of the hall of the Houoe of Reptesentative" on Monday the 15th instant, report the following, which they recommend he adopted.
WHEREAS, Application has been made through a committee of the G. U. 0. of 0. F. of America for the use of the Legislation Hall on Monday, August 16, from the. hours of 12 m. to fi p. nt.; and
\VHEREAS, Thwngh the Committee on Hall and Rooms, it has been ascertained that the public service would be iutedered with and intermpted by granting the tequest.
Re8olved, That the request llltl.~t lw aml is tespectfully denied.
ltespectfully submittell. WILLIA~I BnAY, Chairman.

The report of the eommittee was taken up, and the resolution embodied therein was agreed to.
The hom ot adjournment having arrivetl, the House adjoumed until Monday morning at H o'clock.

MoNDAY, AuausT 15, 1887.

313

ATLANTA, GEORGIA,
Monday, August 15, 1887.
The House met pmsuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members anc;wered to their names :
Those present were Messrs.-

Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birehmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry. Brown of Cherokee, Urewster, Buchan, Calvin. Canleron, Candler, Chappell, Clay of Walton, <Joggins, Coney, Cook, Darden, Denney, Dodgen,
~'agan,
Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner,

Harrell of Webster, Harrison of Franklin, Httrrison of Quitman, Harris of Columbia, Harper, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hug he,;, Huff, Humphries of Clinch, llutchiwn, Iler, .Johnson of DeKalb, ,Johnson of Echols, Johnson ofRcreven, .Jones, Kenan, Kimbrough, La1nnr, Lanier, Little of Talbot, :Hadden, }lnnney,
Mill~,
}lixon, ::Honrot1 ,

Preston, Ray, Rawls, Reid, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Sirnn1ons, Sin1s, 8mith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of ,Jefferson, Stevens, 8tewart of Mitchell, Stewart of Rockd,lle. Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Vickers, Walker of Floyd, Walker of Putnnm, Wntts, Way, Weil,

31-!

JouRNAL oF THE HousE.

Fordham, Foute. Franklin of l<'tlllnin, Franklin of ThoiiH<~. Gamble, Gordon, Glenn, Green uf Clay, Grindle, Hale, Hart, Harrell of I>Peatur.

Moye, McUord McLane. :\feGheE'. McLendon, )lcUleskey. Norris. OliYt, Parker, Perkins, Pittmun,

'-''est, Whaley, Wheeler. Whelchel, Williams of Jackson, Williams of Harris, William of Upson, \Vilcox, Wilson, \Vorsham. :\It. Speaker.

Tho;;;e absent were 1'1essts.-

Adam' of Ellwit. Clay of Cobb. Comer, Crnwford, DuBose, Duggan, Dnrrnnce, E\ans, G-urdnl::.l', Gibson, Greene of ::\ladison. Gresham. Griffith,

Hagnn, Ham, Hand, Harris of Catoosa, Hill of )leri wether, Humphries of Broolks, Hunt. Ken ned,,. Key, Lnmoden. .\Ia thews.
~[orgnn,
:'ll<'Ga "l'It_v,

;\kKibhen, :lie Michael, Newton, Nichols, Page, Pt>eples, Perry, Pickett, Reynolds, Rich, Veazey, \Tining, Watson.

Mr. Preston, of the Committee on Journals, reported thatthe Journal of Satmday':-; ptoceedings had been examined and found correct.
The ,Journal was then read and approved.
LraYe of absence was granted to the following members, to-wit: Messr.... Humphries of Brooks, Williams of Harris, Rich, Hill of Meriwether, McGarritv, Russell of Chatham, Stenms, Ganltwr, Comer, McKibben and Watson.
::\i[r. \Veil was gtanted leave of absence for the last four da~s of last week, on aceount of ;:ickne:-;s.
Upon motion of :\h. Hanison, of Q,uitman, the 1egular ortlcr of busine:-:s was ehanged, and the following Senate bill,; and resolutions were read the tirst time, and appropriatt>ly rcfened, to-wit:

MONDAY, AuausT 15, 188i.

315

By Mr. Roberts, of the 14th Dist.A bill to transfer the county of Twiggs from the Oconee
Circuit to the Macon Judicial Circuit. Referred to Committee on Special Judiciary.

By Mr.Jackson, of the :3ith Dist.-
A resolution providing for the appointment of a joint committee to visit Milledgeville, and take into considera.tion the advisability of selling the old penitentiary lot, etc.
Referred to Committee on FinaneP.

By Mr. Hawkes, of the 13th Dist.-
A resolution that a joint committee of five from the Henate and nine from the House be appointed, to whom all resolutions of the Senate and the House, with reference to the Wtstern and Atlantic Railroad shall be referrPd, etc.
Referred to Finance Committee.
By Mr. Robins, of the 25th Dist.-
A resolution for the relief of the Tax Collector of Talbot county.
Referred to Committee on Finance.

By Mr. Powell, of the 22d Dist.A bill to regulate the business of insurance in this State,
and for other purpose;;. Referred to Committee on Finance.

By Mr. Lampkin, of the 29th Dist.A bill to amend section 4.578 of the Code of 1882. Referred to Committee on Railroads.

By Mr. Sirmans, of the 5th Dist.A bill to provide for the registration of the legal voters
of Clinch county. Referred to Committee on Special ,Judiciary.

By Mr. Hawkes, of the 13th Dist.-

A bill to provide for the approval, custody and record of

the bond of the County School Commissioner, and for the

giving of a new or supplemental bond when necessary.

Referred to Committee on Education.

.

311)

JorRNAL oF THE HovsE.

By Mr. Dean, of the 42d Dist.A bill to incorporate the Commercial Express Company,
and for other purposes. Referred to Committee on Special ,Judieiary.
By Mr. DeJarnette, of the 28th Dist.-
A bill to incorporate the Eatonton and Athens Railroad Company, etc.
Refened to Committee on Railroads.
By Mr. Peek, of thP 27th Dist.-
A bill to incorporate the New Life, Water Power and Granite Railway Company, and to define its rights, powers, etc.
Referred to Committee on Railroads.
By Mr. N ortheutt, of the 35th Dist. A bill to restrict the rates of interest and charges for the
use and loan of mone:' upon deeds to real estate; to prescribe the maximum rates and charges to be reserved, charged and taken by lenders and agents; regulating loans; to declare Yoid all deeds to real estate where greater charges or rates than prescribed by this act, and charged and taken, and for other purposes.
Referred to Committee on General Judiciary.
By .Mr. Sirman;.;, of the 5th Dist.A bill to incorporate the DuPont, Macon and Florida
Railway Company. Referred to Committee on Railroads.
By Mr. Powell, of the 21d Dist.A bill to pro\'ide for the building and erecting of a court
house in each militia distriet in the several counties ot this State, and for other purposes.
Referred to General ,Judiciary Committee.
By Mt. Dilworth, of the 4th Dist.A bill to prevent the running at large of stock on Cum-
berland Island, in the county of Camden, in this State, etc. Referred to Committee on Special .Judiciary.

MoNDAY, AuGUST 15, 1887.

317

By Mr. Robins, of the 25th Dist.A bill to amend an act to incotporate the Atlantic, Bir-
mingham and Great Western Railway Company. Referred to Committee on Railroads.
. By Mr. Atwood of the 2d Dist.A bill to promote the transportation of lumber, naval
stores, and timber; to provide for the transportation of the same by tramways, and to fix the mode of laying out such ways.
Referred to Committee on Railroads.
By Mr. McLeod, nf the 15th Dist.A bill to incorporate the vVaycro;;s Air-Line Railrad
Company. Referred to Committee on Rai Iroads.
By 1\tlt-. Roberts, of the 14th Dist.A bill to regulate the practice in claim east's in the dif-
ferent courts of the State of Georgia, and to declare who shall be entitled to open and conclude the argument on the trial of such cases.
Referred to Committee on General .J udiciarv.
By Mr. Butts, of the 24th DiRt.A bill to incmporate the Buena Vista Loan and Savings
Bank. Referred to Committee on Banks.
By Mr. Roberts, of the 14th Dist.A bill to regulate the practice in the Superior Courts of
the State of Gemgia in rules and attachments for contempt against officers of court and attorneys-at-law.
Referred to Committee on General J ndiciatv. Also, a bill to regulate the practice in cases of new trial in the Superior Courts, and for other purposes. Referred to Committee on General Judiciarv.
By Mr. Davidson, of the 18th Dist.A bill to authorize the Judges of the Superior Courts of
this State, to call special terms of their courts to grant

318

,JOURNAl" OF THE HousE.

charters to corporations under the same rules, regulations and restrictions now required by law for grant of same.
Referred to Committee on General .Judiciarv.
By Mr. Powell, of the :Z2d Dist.A hill defining a contraet of fidelity insurance, and
to proYide f(n incorporated fiJelity insurance companies, becoming smeties in bonds required by law, and for other pnrpo,:e,..
HdeiTed to Committee nn Corporations.
B.v Mr. Hand, of dw Hth Di,.:t.A bill to amend :-;eetion H!H7 of the Codl' of 1882. Rdt>tTPd to CommitteP on Gt>twral .JudiciarY.
By ;\h. Woff(ml, of the ;~:3d Dist.A bill to prohibit the sale of any spmtuous or malt
li(ptor;,; within three mile;,; of the Lnla Methodist Church, in Hall eountv.
Referred to Committee on Temperance.
B~ ~Ir. Peek, of the 27th Dist.A bill to provide for the manner of making public con-
tracts in Oconee and Clarke counties. Referred to Committee on Roads and Bridges. AIso, a bill to amend an act entitled an act to provide for.
a Board of Commis,;ioner.~ of Roads and Revenues fot the conntv of Oconee, etc.
Referred to Committee on Counties and County Matters.
Bv Mr.James of the 36th Dist.A bill to require all itinerant vendor,; of elocks in this
State to pay an annual license fee in each and evety county where they propose to do but>ine.~s.
Referred to Committee on Finance.
By Mr. Davidson, of the 18th Dist.-
A bill to confirm an ordinance of the City Council of Augusta, entitled an ordinance to prescribe the time and condition:-: nnd,:r which the power of the Augusta Canal

MoNDAY, ArGUBT 15, 1887.

:319

will be let and rented, and for other purposes; passed March 24, 18H6, etc.
Referred to Committee on Spel'ial .Jmlieiary. Also, a hill ceding to the United States the jurisdiction of this State over snchland in the city of Augusta as it may acquire title to for the purpose of erecting a public building. Refened to Com rnittee on Special .} n<1ieiary.
Bv Mt. RitchiP, of the -!Oth Dist.. A bill to amend an aet to incmporate tfw town of Clay-
ton, in Rabun county. Referred to Committee on Corporations.
By Mr. Hawk(;'s, of the L~th Dist.A bill to amend tlw charter of the Americu'!, Preston
and Lumpkin Railroad Company, f'O a,; to authorize and empower said company to extend its road in an easterly direction, either to the eity of narien, or the city of Savannah, or to some point tm Sapelo I"land, and to tonfer certain additional powers, etc.
Referred to Committee on Railroad,.:.
By Mt. Davidson, of che lRth Dist.A bill to amend an act, entitled an aet to regulate the
time fot which the members of the Cit;. Council of Augusta shall hold office, etc.
Referred to Committee on Corpomtion,.,.

ThP- following messag(;' was received ftom the He nate, through Mr. W. A. Harris, the Se<tetary thereof:

M1'. Speaker:

The Senate has passed the following Senate bills bv the

requisite constitutional majority, to-wit:

.

A bill to amend an act entitled an aPt to regulate the time for which the membets of the Citv Council of Augnsta shall hold office; passed. by the re<tnisitc constitutional majority, yeas 32, nays 0.
Also, a bill to authorize ,Judge,.; of thu Superior Courts

320

JouRNAL oF THE HousE.

of this State to call special terms of their courts to grant charters to corporations; passed by the requisite con stitutional majority, yeas 29, nays 0.
Also, a bill ceding to the United States the jurisdiction of this State over such land in the city of Augusta as it may acquire title to, for the purpose of erecting a public building; passed by the requisite constitutional majority, yeas 2-1-, nays 0.
Also, a bill to confirm an ordinance of the City Council of Augusta, relating to the Augusta Canal; passed by the requisitc> con:-;titutional majority, yeas :27, nays 0.
Also, a bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company; passed by the requisite constitutional majority, yea:o 29, nays 0.
The Senate has also passed the following bill of the House, by the requisite constitutional majority, to-wit:
A bill to amend an act c>ntitled an act to incorporate the town of Salt Springs; passed by the requisite com;titutional majority, yeas 20, nay,; 0.
The Senate bas also passed the following bills of the House, as amended, to-wit:
A bill to authorize manufacturing and mining companies to become incorporated as :-;aving::; banb; passed by the requisite constitutional majority, yeas :~3, nays 0.
Also, a bill to levy and collect a tax of ten thousand dollars upon dealers in domestic wine.~; passed by the requisite !'Onstitntional majority, yeas 2H, nays 1-1-.
:Mr. \Vatts, chairman p1o tem. of the Committee on Enrollment, submitted the following report :

]fr. SpeakeJ' :
The Uommittee on Enrollment report :a;; duly enl'Olled and ready for the signature of the Speaker of the House, the following act, to-wit :
An act to amend section ;H)l() (h) of the Code, and to

MoNDAY, AuGUST 15, 1887.

:321

provide for the revision of the jury li,;ts annually in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants. ' Also, the following resolution, to-wit:
A resolution providing for the appointment of a Joint Committee, to enquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State.
Respectfully submitted." R. F. \VATTS, Chairman protem.
Upon the call of the roll of the counties for the introduction of n~w matter, the following bills were introduced, read the first time, and refE'rred to Committee on Railroads, to-wit:
By Mr. Hill, of WilkesA bill to ineorporate the Anthony Shoals Land Improve-
ment Company, and to confer on said corporation the powers of constmcting and operating boats for the na vigation of the Broad and Savannah RiYers, and for other purposes.
By Mr. Lamar-
A bill to extend the charter and powers of the Western and Atlantic Railroad Company.
By Mr. McLendonA bill to incorporate the Tbo~asville and Northern Rail-
way Company, etc.
By Mr. Tate-
A bill to provide how stock gaps and private crossings shall be erected and kept in repair along and across the several railroads doing business in this State ; to provide a penalty for removing or damaging the same, etc.
By Mr. Olive-
A bill to incorporate tl1e Lexington Terminal Railroad Company, etc.
21

322

JouRNAL Of THE HousE.

By Mr. CandlerA bill to incorporate the Atlanta City and Suburban
Street Railroad Company, etc. Also, a bill to amend an act to incorporate the Atlanta
and Edgewood Street Railroad Company ; approved December 24, 1886.
By Mr. Russell, of ClarkeA bill to authorize the sale of that portion of the North
eastern Railroad lying north of the Atlanta and Charlotte Air-Line Railroad.
The following bills were introduced, read the first time, and referred to the Committee on General Judiciary, to-wit :
By -:\1r. McLendonA bill to authorize the foreclosure of mortgages on crops
in the eounty in which said crops may be found, etc.
By ::VIr. Johnson, of ScreYenA bill to amend ~eetion 437:2 of the Code of Georgia.
By Mr. ChappellA bill to protect the owner'l of founts used in the sale of
soda water, mineral and :"\'rated water, cider, ale, beer, and other beveraget'.
Bv Mr. FortnerA bill to amend section 36-H of the Code of Georgia.
By Mr. HowellA bill to amend section -1i"i27 of the Code of 1882. Also, a bill to prescribe regulations for the issuing or
endorsement of bonds by the railroad corporations in this State, etc.
The following bills were introduced, read the first time, and referred to the Committee on Temperance, to-wit:
By Mr. Clay, of WaltonA bill to prohibit the sale of spirituous, malt aud intoxi-

.<
MoNDAY, AuGUST 15, 1887.

32~

eating liquors within three miles of the Metho~ist Protestant Church at Jersey, in Walton county, Georgia, etc.
Also, a bill to prohibit the _sale of spirituous, malt or intoxicant liquors within three miles of Walnut Grove
Academy, in Walton county, etc.
By Mr. BlackA bill to prohibit the sale of spirituous or intoxi-
cating liquors within two miles of Salem Baptist Church, near ~1cDaniel's Station, in the county of Gordon, State of Georgia.
By Mr. McLaneA bill to prohibit the manufacture of spirituout-; liquors
from corn, wheat, rye and other grains in the county of Fayette, and to provide penalties, ete.
By Mr. BlalockA bill to prohibit the manufacture of distilled spirits of
all kinds within the limits of the county of Clayton, and to provide penalties, etc.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. BrayA bill to amend an act to incorporate the West End and
East Point Street Railroad Company, etc.
By Mr. Clay, of Cobb-A bill to amend an act entitled an act to incorporate the
town of Austell, in Cobb County, and to provide for the election of Mayor and Council, Marshal and Clerk, and for other purposes.

The following bill was introduced, read the first time, and refened to the Committee on Penitentiary, to-wit:
By Mr. TateA bill to provide fot working the convicts of this State
in building branch lines of railroads to or from main or trunk lines of railways, toot through any of the conn ties of this State without railroad facilities, etc.

3:24

JouRNAL oF THE HousE.

The following bill was introduced, read the first time, and referred to the Committee on Agriculture, to-wit:
By Mr. CalvinA bill to establish in this State two experimental farms
and stations, to be known as the Georgia Experiment Stations; to provide for the appointm_ent of a Board of Directors for the management of the same, and for other purposes.
The following bill was introduced, read the first time, and referred to the Committee on Banks, to-,vit :
By Mr. TerrellA bill to incorporate the Greenville Banking Company.
The following bills were introduced, read the first time and referred to the Committee on Special J ndiciary, to-wit: B~- ~ir. \Villiams, of Upson-
A bill abolishing the County Court of Upson county, etc.
By Mr. LamarA bill to amend an act to constitute the Judge of the
City Court e.r-o.lficio Commissioner of Roads and Revenues.
By :Yir. DenneyA bill to amend seetion:s 10 and 1-! of an act entitled an
act to establish a City Conrt in the county of Floyd; approved September 27, 1883, etc.
By Mr. RawbA bill to rm1uire verdicts for divorce, to apply equally to
both parties, and for the relief of all persons unJer a disability of partial verdicts for divorce.

The tollowing bills were in trod need, read the first time, and referred to the Committee o'h Finance, to-wit :
By Mr. WilcoxA bill to amend section 18H of the Code, fixing the pay
ot members of the General Assembly.

TuESDAY, Auausr 16, 1887.

325

By Mr. McLendon-
A bill to appropriate the sum of two hundred dollars to pay Emmet Barnes for his services in reporting testimony.
By Mr. Franklin, of Fannin~ A resolution for the relief of S. M. Douthet, late Tax
Collector of Fannin cfunty.
By Mr. CandlerA resolution directing the Treasurer to refund to Mrs. I.
H. Meador $21.4;') exeess over tax and costs conveyed into the treasury and arising from fjale of wild laml, lot No. 194, 7th dictrict, 3th section, of originally Carroll now Harralson county.
The Speaker announced the following committee on part of the House, to enquire and report the cause of the delay of the printing of the Supreme Court Reports, to-wit: Messrs. Simmons, Atkinson and Chappell.
The House then adjourned until to-monow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, August Hi, 1887.
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 answmed to their names :

Those present were Me;;srs.-

Adamr, of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Belt,

Hart, Harrell of Decatur. Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper,

Page, Parker, Perkins. Perry, Preston, Ray,

326

JouRNAL OF THE HousE.

Herner, Birch more. Blalock, Br&dy, Branch, Bray, Brown of Henry, Brown of Cherokee. Brewster, Buchan, Calvin, Cameron. Candler, Chappell, Clay of ~Walton, Coggins, Comer, Coney, Cook, Darden, Denuey,
DuBo~c,
Duggan, Fagan, :Felton of Bartow, Felton of Bibb. F<:'lton of )[aeon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay. Greene of Madion. Gresham, Grindle, Hagan, Hal<:", Ham,

Harvey, Harris of Columbia, Hawkins. Hayes, Henry, Henderson, Hill of Wilkes, Holland, Hollemau, Howard, Howell, Hughes, Huff', Humphries .:Jf Brooks, Humphries of Clinch, Hutchison, Johnson of DeKalh, Johnson of Echols, .Johnson of Screven, .Jones, Kenan, Key, Kimbrough, Lan1ar, Lanier, Little of Talbot, Madden. Mathews, Mauney, l\1 ills, )fixon, Monroe, }Iorgan, :\loye, McCord, McLane, McGhee, McGarrity. ;'\lcLendon, :VIcKibben, Nichols, Norris., Newton, Olive,

Rawls, Reid, Reilley, Rich, Rountree, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simrnons, Sims, Smith of Crawtord. Smith of Glynn, Smith of Gwinnett, i:lmith of Jefferson,
Stevens~
Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, \ i... e a z e y , Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Wei!, West, Whaley. Wheeler, Whelchel, ~Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, )f r. Speaker.

TUESDAY, AUGUST 16, 1887.

327

Those absent were Messrs.-

Bailey, Black, Clay of Cobb, Crawford, Dodgen, Durrance, Evans, Griffith,

.Hand, Harris of Catoosa, Hill of Meriwether, Hunt, Iler, Kennedy, Lumsden, McCleskey,

McMichael, Peeples, Pickett, Pittman, Reynolds, Russell of Chatham, Stewart of .Mitchell, Vining.

Mr. Hutchison, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.

Upon motion, House bill No. 99 was made the special order for Wednesday, August 24, immediately after the reading of the Journal.

Upon motion of Mr. Calvin, House bill No. ,')7 was taken from the table and placed on the Calendar.
Leave of absence was granted the following members, towit: Whelchel, Birchmore, and Ham.
Upon motion of Mr. Schofield, House bill No. 184 was taken from the table and reinstated upon the Calendar.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finance have had under consideration the following bill, which I am instrncted to return to the House, with the recommendation that the introducer be allowed to withdraw, as its objects have been accomplished by a bill previously reported, to-wit :
A bill to provide for the inspection and regulate the sale of petroleum, and its products, and to repeal existing laws governing its inspection and sale in the State of Georgia.
Respectfully submitted.
w. w~r. GoRDON, Chairman.

328

.TouRNAI, oF 'fHE HousE.

Upon motion, House bill No. 161 was taken from the table and reinstated upon the Calendar.
Upon motion, ;300 copies of the ,eport of the Special Committee on Savings Banks, wete ordered printed for the use of the House.
Mr. James offered the following resolution, which was read, to-wit:
Re.~olved, That the House adjourn to-day at 10 o'clock a. m., for the purpose of attending the opening exercises of the Farmers' Convention.
Upon the adoptio.n of the resolution, the yeas and nays were called for, and the call sustained.

Upon the call of the roll the following u; the result of the \'Ote, to-wit :

Those voting in the affirmative wen~ Messrs.-

Arnheim. Ashley. Branch. Brny.Brown of Clwrokee, Buehan, Coggin8, Darden, Fordham,. Gihson, Hale. Ham, Harriso11 of Franklin,

Henderson, Howell, Hutchison, Johnson of Echols.
~I ~nes,
Kimbrough, Little of Talbot, Mathews, ::IIcGnrrity. Perkin:<, Preston. Huwls,

Shewmake, tiin1s, StrJCkland, Thomns, Venzey, Vickers, \Vatts, 1.Vatson, Way, wei\, West. Wileox.

Those voting in the negative were .Mes~;rs.-

Adams of Elbert, Adnms of Greene. Atkinson, Brady, Brown of Henry, Brew>ter, Calvin, Candler, Chappell, Clay of \Vnlton,

Hart. Harrell of Vectttur, Harrell of Webster, Harper, Harris of Coh11nhia, Harvey. Hnyes, Henry, Hollnnd, Holleman,

McKibben, Newton, Norris, Olive, Parker, Perry, l'i Ltnlllll, l{ny, Rotlntree, Russell of Polk,

TFESDAY, AuGUST 16, 1887.

Unmer, Coney, Denney, Duggan, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Featherston, Fortner, Foute, Franklin of Fnnnin, Frnnklin of Thomas, Gamble, Gardner, Gordon, Green of Clay, Greene of Madison, Grindle,

Howard, Huff, Humphries of Brooks, Humphries of Clinch, ,Johnson ot DeKalb, .Johnson of Screven, Kenan, J,amur, Lanier,
~ladden, ~Iauney,
:\-I ills, Mixon,
~1onrvc,
Morgan, Moye, McLanP. :\IeGhee, :\IcLendon,

Schofield, Simmon8, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Stovall, Tate, Taylor, Terrell, Walker of Floyd, \Valker of Putnam, Wheeler, Williatns of Htwri~, Williams of .Jackson, \Villiams of Upson, Wilson, Worsham.

Those not voting were Messts.-

Bt~iley,
Belt. Berner, Birchmore, Black, Blalock,
Camero11,
Clay of Cobb, Cook, Crnwforcl, Dodgen, DuBose, Durrance,
Evn.ns~
Glenn, Gresham, Griffith, Hagnn,

Hand, Harrison of (~uitman. Harris of Catoosa, Hawkins, HiL of :\Ieriwether, Hill of \Vilkes, Hnghes,. Hunt, Iler, Kennedy, Key, Lumsden. "'lcCord, McCleskey, :\{e:\lichael, Nichols, Page,

Peeple>, Pickett, Reid, Reilley, Reynolds, J{ich, Hassell of Cbathalll, Russell of Clarke, Smith of Glynn, Stevens, Stewart of Mitchell, Stewart of Marion, Vaughn, Vining, Whaley, Whelchel. :\1 r. Speaker.

Yeas :H. Nays 86. Not voting 52. So the resolution was lost. The following resolution was read and adopted, to-wit: Re.9olved, That all members of the House who are dele-

330

JouRNAL oF THE HousE.

gates to the Interstate Convention, be excused from the
session for this day.
Mr. Harrison, of Quitman, moved that the House flfJ
now. adjourn until to-morrow morning at 9 o'clock.
Upon this motion the yeas and nays were called for anci the call sustained.

Upon the call of the roll the following IS the result of the vote, to-wit:

Those voting in the affirmative were Messrs.-

Arnheim Ashley, Belt, Blalock, Branch, Bray, Brown of Cherokee, Coggins, Darden, Fortner, Fordham, Franklin of Thom11s, Green of Clay, Hale, Ham, Hanioon of Franklin,

Harrison of Quitman, Harvey, Hayes, Henderson. Hill of Wilkes, Howell, Johnson of Echols, Johnsor. of Screven, Jones, Kimbrough, L11nier, Little of Talbot, Mathew,, Mills, Perkins, Preston,

Rawls, Reid, Shewmake, Stevens, Strickland, Thomas. Veazey, Vickers, Walker of Putnam, w,.tts, Watson, Way, Wei!, West. Wilcox.

Those Yoting in the negative were Messrt;.-

Adams of Elbert, Adams of Greene, Atkinson, Brady, Brown of Henry, Brewster, Uulvin, Candler, Ch!ippell, Clay of \Vnlton. Com PI', Coney, Denney. Duggan. Fagan,

Harrell of Decatur, Nor!'is,

Harrell nf Webster, Olive,

Harper.

Parker,

Hawkins,

Perry,

Henry,

Hay,

Holland,

Heilley,

Holleman,

Hountrcc,

Howard,

Hussell of Polk,

Humphries of Brooks, Schofield,

Hutchison,

Simrnons,

.Tohn">JI of DeKalb, Smith of Cruwfo1d,

Ken1.1n,

Smith of Gwinnett,

Lamar,

Smith of ,J eflerson,

l\ludden,

Stew1.1rt of Rockd1.1le,

)Jnuney,

Stovttll,

TuESDAY, AuGusT 16, 1887.

331

Felton of Bartow, Felton of Bibb. Featherston, Foute, Gamble, Gardner, Gordon, Greene of Madison, Grind!<', Hart,

Mixon. Monroe, Morgan, Moye, McLane, .McGhee, McGarrity, J\-lc.Lendon, Newton,

Those not voting were Messrs.-

Tate, Taylor, Terrell, Walker of Floyd, Wheeler, Williams of Harris, Williams of Jackson, Wilson, Worsham.

Bailey, Berner, Birch more. Black, Buchan, Cameron, Clay of cobb, Cook, Crawford, Dodgen, DuRose, Durrance, Evans, Felton of ~lacon, Franklin of ~'anr1in, Gibson. Glenn, Gresham, Griffith,

Hagan, Hand, Hurris of Cutoosa, Harris ot Columbia, Hill of Meriwether, Hughes, Huff', Hun.phries of Clinch, Hunt, Iler, Kennedy, Key, .Lumsden, 1fcCord, McKibben, McCleskey, McMichael, Nichols.

Page, Peeples, Pickett, Pittman, Reynolds, Rich, Russell of Chatham, Russell of Clarke, Sitns, Smith of Glyun, Stewart of Mitchell, Stewart of 11 ari<>ll, Vaughn . Vming, Whaley. Whelchel, Williams of Upson, }[r. Speaker.

Yeas, -+7. Nays, 73. Not voting, 55. So the motion to adjourn was lost.

Bt unanimous consent, the following bill was read the third time, the report of the committee was agreed to, the proper legal proofs were exhibited, and the bill pas~ed by the requisite constitutional majority, yeas 9;), nays 1, to-wit:
A bill to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee.
Upon motion of Mr. Harrell, of Webstc>r, 200 copies of the minority. report from the Finance Committee on the

.JouRNAL OF THE HonsE.
bill appropriating $5,000 for the State University were ordered printed for the use of the House.
Mr. Franklin, of Thomas, chairman of the Special Committee on Savings Banks, submitted the following report:
J:fr. Speake1 :
In December last, the undersigned were charged, by this House, with the duty of studying the question of Savings Banks, with a view to devising a system calculated to meet the wants of, and to benefit, the people of the State at large.
We beg to say that we have made diligent inquiry into the important and interesting subject committed to our investigation, ann, as a result of our inquiries and deliberations, sn hmit herewith bills which we commend tJ the earnest consideration of the House.
Savings institutions are a new growth on the economic policy of thl' people. It is a fact that England, with all her well-ordered and far-reaching care for her people, did not adopt the savings system, as illustrated by savings banks, until 1817. America distanced "the mother country" in this respect-the first saYings bank having been established in Boston, Mass., in 1~16.
Since that time the increase in the number of these excellent institutions has been rapid.
In the savings banks of Mas!lachusetts, in 1860, there was deposited the ~;um of $45,01)0,000; in 1880, the deposit account in said institutions amounted to $199,300,000. During the year 1885-86, the depositors numbered lH8,787 and the deposits amounted to $275,000,00V, while the iVerage to each of this host of depo~;itors amounted to $:324.
In .i\ew York State, during the year last mentioned, the savings deposits amounted to $457,000,000, made by 1,208,... 072 persons-the average amount to each of this great army of depositors being $a78.
In little Rhode Island, the same year, 116,381 persons deposited, in the savings institutions of that State, $51,800,000-an average to each depositor of $445.

TuESDAY, AuGUST 16, 1887.

333

According to the census of 1880, the population of New

England was 4,010,529. In 1885, the open deposit accounts of her savings banks number~d 1,460,185, or about

36.4 accounts to each one hundred inhabitants of the entire

population. The average amount of each account was

$337.21, or an average, per capita, of $122.77.

In New York State, with a population of 5,0H:2,871, the

savings banks deposits amounted, in 1885, to $437,107,501

-an average of $86 per capita.

We beg to dirt>ct yolll' attention to another fact, namely,

that, of the wholP number of savings banks in the lTnion,

less than seven per cent. have what is denominatt>d eapital.

The remainder are without capital. These institutions are

carefully hedged at every point. They receive deposits in

sums of one dollar and upwards, pay interest thereon and

lend money on real estate. To wage-\\orkers, to men and

women on small salaries, to boys and girls jnst beginning

the battle of aetive life, to the multiplied thousands who

daily eat their bread in the sweat of their faces, these

savings institutions have proved to be of incalculable value.

Economy and industry are the genuine sources of wealth.

Therc:; are higher purposes in lift> than the mere accumula-

tion of riches. No doubt about t!-Jat, hut he alone is wise, who,

having the opportunity successfully to practice the virtue

of industry, improves every snch opportunity and lays aside,

week by Wf'ek, a certain per centum of his earnings. The

massPs need to be led into the habit of saving. To that end,

there can be suggested no more potent influencE', no more

helpful agency than a well-ordered system of savings banks.

We commend the foregoing facts to your close attention,

and we request that the bill, hereinbefore mentioned be

referrf'd to the Committee on Banks.

'

Respeetfully snhmittecl.

P. J. FRANKLIN,

Chairman.

v. MAFTIN

CALVIN,

CLARK HoWELL,
vv. Y. ATKINsox,
GEo. R. BROWN,
D. M. RussELL.

JorRNAL oF THE Houi'!E.
Mr. Hanell, of Webster, submitted the following minority report:
.:."rlr. Speaka:
A minority of the Finance Committee, to which was referred the bill "to appropriate five thousand dollars to the State U ni \'ersity, for the purpo'le of repairing the building,n beg leave to di~Rent from the report of the committee recommending its pa"-sage on the following gmunds:
1st. The only power gi,en to the General A~>sembly to make appropriation~ to the U niver;.;ity is by article tl, section ti, paragraph 1, uf tbe Constitution, and is limited by the conditional provision that ~uch appropriations should he made "a~ the condition of the trea,.;ury will authorize."
The evident meaning of this clause is that no appropriations can be made to that institution unless the condition of the treasury, tRken in connection with all necessary and indispensable public expeni':\es poNitively J'eyuired by the or.r;onit law, and the financial ability of the people to bear taxarion, will authorize it.
In addition to these necessary and unavoidable expenses, article .S, ~ection 1, paragraph 1 of the Constitution requires that "there shall be a thorough system of common schools for the education of <'hildren in the elementary branches on!:," and "free to all the childrf'n of the State."
It is an admitted fact that our present common school system is not "thorough," but uotorionsly inefficient, and the reason of it1< want cf "thoroughness" is that the General ARsembly have and do now recognize the fact" that the financial condition of the tax-payers, after being burdened with all other necessary taxes, does not justify the levying of the increa;:;cd taxes which would be necessary to make it ;:;o."
Now, if the GPneral Assembly, in jubtice to the people, levy and expend taxes sufficient to comply with a plain and unconditional command of the Constitution, how can it exercise the power f(Jr a purpose which is "con-

_ TuESDAY, AuGUST 16, 1887.

335

ditional only" on having the means in the treasury to comply with it? We are of the opinion that the General Assembly have no such power, a~d that to assume it would be a palpable violation of the Constitution, more especially as its exercise would lessen the ability of compliance with the positive requisition " to establish a thorough system of common schools."
2d. In the very 1st article, 1st seetion and lRt paraagraph of our organic law it is stated" that all government of right originates with t!~e people, and is instituted .solel:lf for the good of the whole," and it is onP of the first principles of democmtic government that money raised by taxation from the people fihould only be used for their common and equal henefit, and not for the benefit of a part of tlwm or for any particular class.
We submit that this appropriation violates this great principle hy being devoted only to the benefit of the children of the State who reside in a particular locality or who are financially able to reside there temporarily for the purpose of receiving its benefits. Of the .107,000 children in the State of school age, the rec~rds of the University show that of this number only about 200 belong to these two classes, and the large majority of about 506,800 children of the State are as effectually debarred by theit circumstances from any participation in the benefits of this appropriation as if they were especially excluded by law. Furthermore, the present annual income of the Univer8ity is about $40,000, which is an average to each one who can attend it of ahout $200. Contrast this with the average devoted to the 506,800, viz: 90 cents per annum, and the inju::;tice of increasing the amount going to the benefit of those who have already the larger sum is apparent ; and when it is further considered that this increase comes from a fund that is raised partly by taxing those who have the ::;maller sum, and to that extent lessen~ their ability to obtain even an elementary education, and is devoted to the benefit ot those receiving a superior educa-

336

JouRNAL OF THE HousE.

tion, the result is still more l'!tartling. \Ve are fit-mly of the opinion that such appropriation is not only against the plain provisions of the organic law, but equally violative of the first principles of justice, equity and good government, and recommend that the 1'ame be not made.
D. B. HARRELL, JoHN E. GARDNER,
\VRWHT BHADY,
J. R. McMICHAEL, J. E. BLALOCK, J. B. \VnEELER, G. \V. ,JOHNSOX, T. F. BREWHTER, .J 0 T. BLACK, \V ~1. E. ADA:IIH, T. J. RAY, D. R. A. JoHNSON,
N. s. WALKER.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. \Ye~tA bill to amend the charter of the Elberton Air-Line
Railroad Company, approved December 13, 1881, etc. Referred to Committee on Railroads.
By Mr. Morgan-
A bill to provide for the election of marshals, deputy marshals and policemen in the seveml cities, towns and villages of this State.
Reterred to Committee on General Judiciary.
Also, a bill to pwvide for the removal of appeal cases in the Justice's Courts of this State, when competent jurors eannot be obtained in the militia distriet.
Referred to Committee on General Judiciary.
By Mr. FordhamA bill to amend an act to provide for the registration of
voters in the eounties of Floyd, McDuffie, Btuke, Wilkin-

TUESDAY, AUGUST 16, 1887,

337

son, etc., so far as the same relate to the county of 'Vilkinson.
Referred to Committee on Special Judiciary.
By Mr. Williams, of UpsonA bill to require the Board of Education of Upson
county to pay pro rata share of ;o:chool fund to Trustees ot Thomaston Star School, etc.
Referred to Committee on Special Judiciary.
By Mr. ArnheimA bill to amend an act to incorporate the Commercial
Bank of Albany; appro,ed December 11, 1871. Referred to Committee on Banks.
By Mr. DugganA bill to aboli~:>h the stock Ia w in the 117th and 118th
districts, G. M., of Hancock: county. Referred to Special ,Judiciary Committee.
By Mr. WilsonA bill to amend section 45 72 of the Code of 1882. Referred to Committee on General Judiciary.
By Mr. Franklin, of Thomas-
A bill to revise the statutes relating to banks, banking trust companieR; to establish a banking department, and for other purposes.
Referred to Committee on Banks.
Also, a bill to establish a system of laws for the establishment and government of savings banks, and for other purposes.
Referred to Committee on Banks.
By Mr. Felton, of BibbA bill to amend an act establishing a City Court of Macon. Referred to Committee on Special Judiciary.
Also, a bill to amend the charter of the cit.y of Macon' to
provide for a Board of Registration for the city of Macon Referred to Committee on Special Judiciary. 22

338

JouRNAL OF THE HousE.

By Mr. McKibbenA bill to lease the State Reserve known as Indian Spring
Reserve, for the term of ninety-nine years; to prescribe the terms of the lease, and for other purposes.
Referred to Committee on General .Tudiciary.
By Mr. HaleA bill to allow the voters of Dade county to vote under
the local option law of this State. Referred to Committee on Temperance.
Also, a bill to amend an act to incorporate the town of Rising Fawn, in the county of Dade, etc.
R1'fened to Committee on Temperance. By Mr. Henry-
A bill to provide for paying Justices of the Peace and Notaries public of this State for making and returning to the Receivers of tax returns, lists of names of all persons liable to tax on property or poll, in their respective districts.
Referred to Committee on General Judiciary.
By Mr. GardnerA bill to abolish the Connty Court of Pike county, etc. Referred to Committee on Special Judiciary.
By unanimous consent, the following bill was read the second time, to. wit:
A bill to change the time of holding the Superior Courts in the county of Jasper, in the Ocmulgee Circuit.
Upon moi:ion, the special order which was the consideration of Honse bills Nos. 673 and 674, was displaced, and the same was made the special order for Tuesday next, the 23d instant, immediately after the reading of the Journal.
An application from the Knights of Honor tor the use of hall Monday, at 4 o'clock p. m., was read and referred to Committee on Rooms and Hall.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were

WEDNE~DAY, AUGl'ST 17, 1887.

339

exhibited, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:
By Mr. TerrellA bill to incorporate the town of Woodbury, Meriwether
county, Georgia; to provide for a town council and prescribe their duties, etc.
The Hou<;e adjourned until to-morrow morning at 9 o'clock.

ATLA).'TA, GEORGIA,
Wednesday, August 17, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene. Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron,

Ham,

Olive,

Hart,

Page,

Harrell of Deeatur, Parker,

Harrell of Webster, Peeples,

Htlrrison of F1anklin, Perkins,

Harrison of Quitman, Perry,

Harper,

Pittman,

Harvey,

Prer,ton,

Harris of Catoosa,

Ray,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Henderson.

Rountree,

Hill of ~lcri wether, Russell of Clarke,

Hill of Wilkes,

Russell of Polk.

Holland,

~chofield,

Holleman.

Shewmake,

Howard,

Simmons,

340

JouRNAL OF THE HousE.

Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Coole Darden, Denny, DuBose, Duggan, Durrance, Evans. Fagan, Felton of Bartow, !<'elton of Bibb, Felton of J\lacon, Featherston. Fortner, Fordham. Foute, Franklin of Fannin. Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Green of Madison, Gresham, Griffith, Griudle, Hagan, Hale,

Howell,

Sims,

Hughes,

Smith of Crawford,

Huff',

Smith of Glynn,

Humphries of Brooks, Smith of Gwinnett,

Humphries of Clinch, Smith of Jefferson.

Hutchison,

Stevens,

Iler,

Stewart of Mitchell,

.Johnson of DeKalb, Stewart of Rockdale,

.Johnson of Echo!:;, Stewart of Marion,

.Johnson of Screven, Stovall,

Jones,

Strickland,

Kenan.

Tate.

Key,

Taylor,

Kimbrough,

Terrell.

La mat-.

Thorn as,

Lanier,

Vaughn,

Little of Talbot.

v-eazey,

Lumsden, )fadden,

Vickers,
'yalker of Floyd,

:Hatthews,

Walker of Putnam,

:Hanney.

Watts,

:\I ills,

Watson,

)fixon,

Way,

Monroe,

Wei!,

Morgan.

West,

Moye,

Whaley,

)[~Cord,

Wheeler,

:YlcLanc,

Whelchel,

McGhee,

Williams of Harris,

McGarrity,

Williams of ,Jackson,

:\Ic Lendon,

Williams of Upson,

}[cKihben.

"'ilcox,

}fc}[ichael,

Wilson,

Newton,

Worsham,

Norris,

'\1 r. Speaker.

Those absent were Messrs.-

Hlack, Crawford, Dodgen, Hanel.

Hunt, Kennedy, McCleskey. Nichols,

Pickett, Rich, Russell of Chatham, Vining.

Mr. Ray, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then reaJ and approved.

WEDNESDAY, AUGUST 17, 1887.

341

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads, to which was recommitted a bill to incorporate the Brunswick and Atlanta Railroad Company, report the same back to the Honse, with the recommendation that it do pass, as amended, to-wit:
The committee have also had un(ler consideration the following bill, which I am directed to report back to the the House, with the recommendation that it do pass, as amended, to-wit :
A bill to incorporate the Augusta, ThomasYille and Gulf Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.
Mr. Walket, of Putnam, ehaitnJan of the Committee on Temperance, submitted the following report :
M1. Speaker :
The Committee on Temperance have had under consideration the following bills, to-wit:
A bill to make dmnkenness a crime, which they request me to report back with the recommendation that it do not pass,
Also, a bill entitled an act to prohibit the manufacture and sale of spitituous, malt or other intoxicating liquors withm two miles of Macedonia Church, in the county of DeKalb, with the recommendation that the author be allowed to withdraw the same.
Respeetfully submitted, N. S. W AKER, Chairman.

Leave of absence was granted to the following members, ~o-wit: Darden, Coggins, McCleskey, Black, Harrison of
Franklin, and Terrell.

312

.JouRNAL oF THE HousE.

The following resolution was read and adopted, to-wit:
Resolved, That all members of the Interstate Farmers' Convention be tendered the privileges of the floor of the HousE during th('ir stay in the city.
The hour fot the special order having arrived, upon motion of Mr. Denney, House bill No. 210 was taken up.
As the bill provided for an appropriation, House went into a Committee of the \Vhole House, Mr. Hanison, of Quitman, in the chair.
Mr. Harrison, chairman of the Committee of the \Vhole House, submitted the following report:

Mr. Spea ler :
The Committee of the \Vhole Honse have had under consideration Honse bill No. 210, and request me to report back that the same do pass, as amended.
The following bill was then read the third time, and the report of the committee agreed to.
Upon the passage of the bill the vote was as follows:

Those voting in the affirmative wete Messrs.-

Adams of G1eene. Arnheim, Ashley, Atkinson, Bailey, Belt,
Berul)r,
Birch more, lllaloek, Brady, Branel1, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin.
Curneron,

Griffith, Grindle. Hale, Ham, Hart, Hurrell of Decatur. Hurrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper. Harris of Catoosa. Hnrris of Columbia, Ht.rvey. Hawkins, Hayes, Henry, Henderson, Hill of Wilkes,

McKibben, Newton, Norris, Olive, Parker, Peeples, Perkins, Perry, Pittman, Preston, Hay, Rawls, Reid, Reilley, Rountree, Russell of Polk, Schofield, Shewmake,

WEDNESDAY, AUGUST 17, 1887.

343

OILndler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Cook, Darden, Denney, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton .of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn, Green of Clay, Greene of Madison,

Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Clinch, Hutchison, ller, .Johnson of DeKalb, Kenan, Kej, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mauney, Mixon, Monroe, Morgan, Moye, McCord, :McLane, McGhee, McGarrity, McLendon,

Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stovall, Strickland, Tate, Taylor, Thomas, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watson, Way, Wei!, West, Whaley, Whelchel, "\Villiams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, \Vorsharn.

Those not voting were Messrs.-

Adams of Elbert, Black, Coggins, Crawford, Dodgen, Gibson, Gresham, Hagan, Hand, Hill of Meriwether, Humphries of Brooks, Hunt,

Johnson of Screven. .Jones, Kennedy, Mathews, Mills, McCleskey, McMichael, Nichols, l'age, Pickett, Reynolds, Rich.

Russell of Chatham, Russell of Clarke, Simmons, Stewart of Mitchell, Stewart of Marion, Terrell, Vaughn, Vining, "\Vatts, Wheeler, ~Ir. Speaker.

Mr. Johnson, of Echols, voting in the negative.

Yeas, 138. Nays, 1. Not voting, 35.

344

JouRNAL OF THE Hou~E.

Having rPceived the requisite constitutional majority the bill passed, as ame!lded, to-wit :
By Mr. DenneyA bill to appropriate the sum of $12,000 for the purpose
of completing, repairing and furnishing the buildings of the Georgia Institute tor the Education of the Deaf and Dumb.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

lrir. Speaker :
The Senate ha,; concurred in the following resolutions of the House, to-wit:
A resolution to further the impronment of the Chattahoochee, Flint and Appalachicola Rivers.
Also, a resolution for the relief of the Norwich Union Fire Insurance Society of England.
The Senate has also adopted the following Senate resolution and asks the concurrence of the House therein, to-wit:
A resolution authorizing the Governor to employ counsel to institute suit in the Court of Claims to recover the Peter Trezevant claim.
The Senate has also passed the following Senate bill, to-wit:
A bill to amend section 508 (.l') of the Code of Georgia of 1882; pas.;ed 15y the re<]uisite con::;titntional majority; yeas 24, nays ;~.
Mr. Stevens, chairman pl'o tem. of the Committee on Banks submitted the following report:

!rir. Speaker:
The Committee on Banks have had under <onsideratioo the following bill, which I am in.~tructed to report to the Hou!'e with the recommendation that the same do pass to-wit:

WEDNESDAY, AUGUST 17, 1887.

345

A bill entitled an act to amend the charter of the Com-
mercial Bank of Augusta, Georgia. Respectfully submitted. 0. B. STEVENS, Chairman, pro tem.

Mr. Tate, chairman of the Committee on Special JudiCiary, submitted the following report :

1lfr. Spealer :

The Special Judiciary ( ommittee have had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to aboli,.;h the County Court of Pike county, and for othet purposes.

Respectfully submitted.

F. C. TATE, Chairman.

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

Mr. Speake1':
The Committee on Corporation~< have had under consideration the following bills, which I am instructed to report baek, with the recommendation that the same do pass, towit:
A bill to amend an act establishing a new chart9r for the eity of Atlanta, approved February 28, 187-1-. Proofs correct.
Also a bill to authotize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell certain lots of land held by them, for church pmposes.
Also, a bill to extend the corporate limits of the city of Atlanta over Piedmont Park fm police purposes. Proofs correct.
Also, a bill to amend the charter of the town of Adairsville, in the county of Bartow, and for other purposes.

346

JouRNAL oF THE HousE.

Also, a bill to amend the act incorporating the town of Montezuma, in the county of Macon, and for other purposes.
Also, a bill to amend the charter of the city of Atlanta, so as to allow the City Council to increase the salaries of the Tax Receiver and Collector, and Recorder and Auditor.
Also, a bill to incorporate the Midland Telegraph Company.
Also, the following bill, which I am instructed to report back, with the recommendation that. it be referred to the Finance Committee, to-wit:
, A resolution for the relief of the Reserve Globe Mutual Life Insurance Company, of Baltimore.
Also, the following bill, which I am instructed to report back, with the recommendation that the introducer be allowed to withdraw, to-wit:
A bill to incorporate the Suvivors' Association of the 18th Georgia Regiment.
Respectfully submitted. \VILLLUI HARRISON, Chairman.

House bill No. 4:32, which was also the special order for to-day, was read the 8ecnnd time; the Committee on Hygiene and Sanitation, to which this bill was referred, returned the same to the House with an adversP teport.
Upon motion of Mr. Ham, the bill was recommitted to Committee on State of Republic.
By unanimous eon!'ent, House bill No. 819 was withdrawn trom the Committee on Special Judiciary, and recom mitterl to the Committee on Agriculture.
Upon motion, Hou,.;e bill No. 545 was withdrawn.
Unde1 the head of unfinished business, the eall of the counties for the introduction of new matter was continued, when the following bills were introduced, read the first time and appropriatrly rf'ferred, to-wit:

WEDNESDAY, AueusT 17, 1887.

347

By Mr. HarveyA bill to prohibit the manufacture of spirituous or malt
liquors in the county of Campbell, in this State. Referred to Committee on Temperance.
By Mr. PerkinsA bill to authorize the Town Council of the town of
Millen to levy a tax for school purposes; to provide for a submission of the question of tax or no tax to the qualified voters of said town, etc.
Referred to Committee on Education.
By Mr. Adams, of ElbertA bill to incorporate the Cleveland Manufacturing and
Improvement Company, and for other purposes. Referred to Committee on Mines and Mining.:
Leave of absence waR granted to the Special Committee appointed to visit the Lunatic Asylum for the purpose of investigating the same.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:
M1. Speaker :
The Committee on Enrollment reports as duly enrolled and signed by the Speaker of the House of Representatives and the President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit:
An act to amend section 3910 (b) of the Code, and to provide for the revision of the jury lists, annually, in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants.
Also, a resolution providing for the appointment of a. joint committee to inquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State.
Respectfully submitted. IYY W. DuoGAX, Chairman.

3-!8

JouRNAL oF 'HE HousE.

By unanimous consent, the following bills and resolutions were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Harrell, of Webster-
A resolution authorizing and directing the Governor to
sell the one hundred and eighty-six shares of stock in the Georgia Railroad and Banking Company, now owried by the State.
Referred to Committee on Finance.
By Mr. McGheeA bill authorizing the payment to R. E. Wilson of
b.alance due him for services rendered in 1872 as clerk of the cnmmittee to investigate the conduct of the auditing board of the Western and Atlantic Railroad.
Referred to Committee on Finance.
By Mr. OliveA hill to ptovide for additional ~mpervtswn of railroads
in this State, and to render less hazardous the transportation ot storage of persons and property by them ; to provide a penalty, etc.
Referred to CommitteE on General ,Judiciary.
By Mr. Smith, of GwinnettA bill to incotporate the Great North and South Railway
Company, and to define and confer its right;;, powers and pri \'i legeA, etc.
Referred to Committee on Railroads.
By ~Ir. MorganA resolution to relieve E . .A. Pollock, Tax Collector of
Pulaski county. Referted to Committee on Special ,Judiciary.
By Mr. BrayA bill to atm~nd an act entitled an act to incorporate
the Fulton County Street Railroad Company; approved September 17, 188:j.
Heferred to Committee on Corporations.

THURSDAY, AuousT 18, 1887.
Bv Mr. Holleman-
A bill to better protect the lands and farming interest of
the 768th district, G. M., known as the Pan Handle district of Taylor county, etc.
Referred to Committee on Agriculture. The House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Thursday, AugnRt 18, 1887.
The Hou~e met pmsuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnbeim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee,
Br~wster,
Buchan, Calvin. Cameron, Candler,

Hale, .Ham, Hart, Harrell of Decatur, Harrell of Webster. Harrison of Quitman, Harris of Columbia, Harris of Catoosa, Harper, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes,

Niebub. N orris1 Olive, Parker, Peeples, Perkins,
Perr~.
Pittman, Preston, Ray, Rawls, Reid, l{eilley, Reynolds, Rountree, Russell of Clatke, Russell of Polk, Schofield, Shewmake, Simmons, Sitns,

350

JouRNAl, oF THE HousE.

Chappell, Clay of Cobb, Clay of walton. Coggins, Comer, Coney, Cook, Darden, Denney, DuBose, Duggan, Durr,tnce. Evans, l''agan, Felton of Bart'J11. Felton of Bibb, Felton of }lacon. FPa therston,
Fortner, Fordham, Foute, l<'ranklin of .Fannin, l<'ranklin of Thomas. Gamble, G>trdner. Gibson, Gordon, Glenn, Green of Clay, Grecme of :\I ad ison. Gresham, Griffith, Grindle,

Huff, Humphries of Brooks, Humphries of Clinch, HunL, Hutchison, Iler. .Johnson of DeKalb, .Johnson of Echols, J nhnson of ~ereven, ,Jones.
l(Pilan.
Kennedy. KPy, Kimbrough, L:.unar, Lanier, Little of Talbot, Lumsden,

Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, ::itewart of Mitchell, Stewart of Rockdale, Stewart of Mttrion, Stovall, Strickhmd,
Tate, Tnylor, Thonuts,
Veazey, Yiekers, Wnlker of Floyd, \\Talker of Pntn>un, \Vatson,

:\lwlden. Mauney. )1 ills, }lixon. }lonroe, l\Iorgan, Moye, }lcUord. McLane. \IcGhee, M.cGanty, }lcLendon, "\IcKibben, \leMichaei, "N C'Wton,

Watts, Way, Wei I. \'Vest, Whaley, wheeler, "Whelchel, \Villiarns of Jackson, Williams of Harris, \Villiams of Upson, Wileox, Wilson, Vvorsham, 11 r. Speaker.

Those absent were :Messrs.-

Crawford, Dodgen, Hagan, Hand, Harrison of l''ntnklin.

}lathews, }lcCleskey, Page, Pickett, Rich,

Hussell of Chatham, Terrell, Vaughn. Vining.

Mr. Preston, of the Committee on Journals, reported that the J onrnal of yesterday's proceedings had been examined and found correct.
The .Journal was then read and approved.

THURSDAY, AuGOS'r 18, 1887.

351

Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report :

Mt. Speaker :
The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that it do not pass, to-wit :
A bill to amend section 14(:i5 (b) of the Code, so as to require the Commissioner of Agriculture to be eleeted by the people.
Respectfully submitted. VV. H. FELTOX, Chairman.

Leave of absence was granted to the follo\ving members, to-wit: Messrs. Cook, Vining (indefinite), Page (indefinite), McGhee, Pittman, Mix.m, Ashley, Little of Muscogee, Arnheim and 'Vorsham.
Mr. Atkinson, of the Committee on Agriculture, gave notice that there would be a minority report filed from the committee on Honse bill No. 659, reported to-day.
Mr. Hunt offered the following resvlution, which was read, to-wit:
WHEREAs, The House passed a resolution appointing a Special Committee of five members from the House to investigate the management and condition of the Lunatic Asylum of the State of Georgia; and,
WHEREAS, A Special Committee has been appointed from the Standing Committee of the House on Lunatic Asylum.
Therefore, be it tesolved, That said committee appointed
from the House be telieved from discharging said duties named in said resolution.
Mr. Kenan moved to table the resolution, which motion did not prevail.

352

.JouRNAL OF THE HouRE.

Upon the adoption of the resolution the veas and nay11 were called for, which call was sustained.

Upon the call of the roll, the following IS the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Berner, Birehmon:. Brew>ter, Candler, Comer. C. IOk, Denney. Duggan. Evans, Fagan, Felton of Bartow, Felton of Bibb. Felton of }lacon. Featherston. Fortner, Foute, Gibson, Greene of ('lay. (-ire:"' h a m ,

Griffith, Hart, Harrell of Decatur, Harper, Harri> of Catoosa, Harris of Columbia, Harvey, Hill of 'lleriwether, Holland, Hnnt, Hutchison. ,John"on of DeKalb, Lurnar, Little of Talbot, ~:\Ii xon. McCord. McLane, 'llcGarrity, )fc'IIichael. Norris,

Olive, Parker, Peeples,
PrJstl)II,
Reid, Reynolds, Russell of Polk, Sims, Smith of Crawford, Stewart of Rockdale, Stewart of '1-Iarion, Stovall. Tate, Vea:<ey, Walker of Floyd, Walker of Putnam, Way, Whaley, \Vorsham.

Those voting in the negative were ~lessrs.-

.Adan1s of Elbert, Ashley, Atkinson, Belt. Rinck. Branch. Bray. Buchau, Calvin, Chappell, Clay of Cobb,
Coggin~,
Coney, Durranle, Franklin of Fannin, Franklin of Thomas, Gamble,

Harrison of Quitman, Ha,vkin:-', Hayes, Henry, Hendetson, Hill of Wilke,, Howard, I-I u~hcs 1 Humphries of Brooks, Iler, ,Johnson of Echols, .John~on of Kcreven, .Jonet-:. Kenan, Kennedy. Lanier, :'rladrlen,

Newton, Perkins, Pittman, Ray, Hawls. Rountree, Schofield, Shewmake, Simmons, Smith of Gwinnett, Smith of J efterson, Stewart of )fitchell, Strickland, Taylor, Thomas, West, Wheeler,

THURSDAY, AUGUST 18, 1887.

853

Greene of Madison, Grindle, Hale, Ham. Harrell of Webster,

Mills. Monroe, Moye, McLendon,

Whelchel, Williams of Harris, Williams of Jackson, Wilcox.

Those not voting were Messrs.-

Arnheim,
Bailey, Blalock,
Brady, Brown of Henry, Browr, of Cherokee, Cameron, Clay of Walton, Crawford, Darden, Dodgen, DuBose, Fordham, Gardner, Gordon, Glenn, Hagan,
H~nd,

Harrison of Franklin, Holleman, Howell, Huff, Humphries of Clinch, Key, Kimbrough. Lumsden, Mathews. }laUJJey, }[organ, }fcGhee, McKibben,
"~IcUleskcy,
Nichols, Page, Perry,

Pickett, Reilley. Rich. Russell of Chatham, Russell of Clarke, Smith of Glynn, Stevens, 'l'errell, Vaughn, vickers, Vining, Watts, Watson, Wei!, Williams of Upson, Wilson, Mr. Speaker.

Yeas 59. Nays 64. Not voting 52.

So the resolution was not adopted.

Upon motion, House bill No. 57 was made the special order for Thursday, August 25, immediately after the reading of the Journal.

Upon motion of Mr. Schofield, 200 copies of House bill No. 57 were ordered printed for the use of the House.

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

Mr. Speaker :
The Uommittee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House, the following resolutions, to-wit :
A resolution for the relief of the Norwich Union Fire Insurance Society of England.
23

354

JouRNAL OF THE HousE.

Also, a resolution to iurther the improvement of tb~ Flint, Chattahoochee and Appalachicola River!".
Uespectfully submitted.
IvY W. DuGGAN, Chairman.

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

11/fr. Speaker :

The Committee on Special Judiciary have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pa1<s, to-wit :

A bill to abolish the County Court of Glynn county. Also, a bill to amend sections 10 and 14 of an act entitled an act to establish a City Court in the county of Floyd; approved September 27, 1883; proofs coned.
Also, a bill to amend the registration laws of Wilkinson county.
Also, a bill to amend an act establishing a City Court of Macon, Georgia.
Also, the following bill, which I am instructed to report back, with the recommendation that the same be referred to the Committee on Education, to-wit :

A bill to require the Board ot Education of Upson county to pay pro rata share of school fund to the Trustees of Thomaston Star School, etc.
Also, the following bills, which I am instructed to report back, with the recommendation that the same be read the second time and recommitted, to-wit:

A bill to provide tor the registration of the legal voters

of Thomas county.

Also, a bill to provide for the registration of the legal

voters of Burke county, Ga.

Respectfully submitted.

F. C. TATE, Chairmllill.

THURSDAY, AUGUST 18, 1887.
Mr. Berner, chairman of the Committee on General Judi-
ciary, submitted the following report:
Mr. Speaker: The Committee on General Judiciary, have had under
consideration the following bills, which they instruct meto report back, with the recommendation that they do pass, to-wit:
A bill to cede to the United Statef' jutisdietion over land in Savannah.
Also, a bill to provide tor the amendment of affidavits to~ foreclose liens.
Also, the following bill which the~' recommend do pass, as amended, to-wit:
A bill to make it unla wfnl for any itinerant trader or peddlet to sell goods, wares, etc., upon the premises of any person against the consent of the owner of such land ot premises.
Also the following bill, which they recommend do pass, by substitute, to-wit:
A bill to amend paragraph 7, section 7, article ;~ of the Constitution.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to repeal an act to regulate the issuance of req uisitions by the Governor 0f this State, for the extradition of fugitives from the justice of said Stat~.
Also, a bill to amend article 3, section 7, paragraph 7 of tbe Constitution.
Also, a bill to amend section 7, paragraph 7 of article 3 of the Constitution.
Respectfully submitted. RoBERT L. BERNER, Chairman.
Mr. Berner, chairman of the Committee on General
Judiciary, submitted the following report:

356

JmJRNAJ. OF THE HorsE.

Mr. Speaker :
The Genua! Judiciary Committee have had under consideration the following bill, which they instruct me to report back to the House, with the recommendation that it do pass, to-wit:
A bill to provide for establishing a line between Georgia and Tennessee.
Also, the following bill, whi ~h they recommend be referred to the Committee on Finance, to-wit:
A bill to amend section 936 (a) of the Code.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to repeal section 46;];) (b) of the Code. Also, a bill to ameml section 46i)5 (a) of the Code. Abo, a bill to make jurors competent and compellable witnesses f(Jr certain purposes in motions for new trial. Respectfully submitted.
RoBT. L. BERNER, Chairman.

By unanimous eom;ent, House bill No. 817 was recommitted to Committee on Education.
The hour for the special order having arrived, upon motion of Mr. Calvin, Senate bill No. 22 was taken up, and the same was read the third time; the report of the committee, which was favorable to the pasiiage of the bill, was not agreed to.
Upon the passage of the bill, the yeas were 39, and nays K6 ; so the bill was lost, to-wit :
A bill to amend section 1261 of the Code of Georgia, so as to provide for the study of physiology and hygiene in all the public schools of this State.
Under the head of unfinished business of yesterday, the following bills, which were introduced by unanimous consent, were read the first time and appropriately referred, to-wit:

THURSDA v, AUGUST 18; '1887.

357

By Mr. Howell-

_

A bill to amend an act entitled an act to incorporate the

Atlanta Loan and Banking Company, and for other purposes,

approved October 13,, 1885, so as to change the name of

said company to the Atlanta Insurance and Banking Com-

pany, etc. Referred to Committee on Banks.

Also, a bill to relieve M. C. Martin, surety on the penal bonds of Allen Johnson, Henrietta Thoma~ and Warren
Dennis, etc. Referred to Committee on Finance.

By Mr. ChappellA bill to amend sections 49;~ (a), (b) and (c) of the Code
of Georgia, etc. Referred to Committee on General Judiciary.
By Mr. VeazeyA bill to authorize the Georgia Electric Mound Im-
provement Company to build branch lines of railroad. Refem~d to Committee on Railroads.
U uder the head of unfinished bu~ines"l, upon the continuation of the call of counties, the following bills were introduced, read the third time, and appropriately referred, to-wit :
By Mr. Felton, of Battow-
A bill to amend an act entitled an act to establish a City Court in the county of Bartow; apptoved October 10 1885.
Referred tu Committee on Special Judiciary.
By Mr. Coggins-
A bill to prohibit the !'ale of distilled, malt or vinous liquors within three miles of Gil\ersville Baptist Church, in Banks county, Georgia, etc.
Referred to Committee on Temperance.

House resolution No. 113 was taken up for a third read-

JoURNAL oF THE HousE.

ing, and as the same provided for an appropriation, the House went into a Committee of the Whole House.
Mr. Gamble was called to the chair.
Mr. Gamble, chairman of the Committee of the Whote, 1Submitted the following report:

Mr. Speaker :

The Committee of the Whole House have had under consideration resolution No. 113, which they instruct me to report back with the recommendation that the same do pass.

The resolution was read the third time; the report of the committee was agreed to.
Upon the passage of the resolution the vote was as follows:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim Ashley, Belt, Berner, Black, Brady, Branch, Bray, Brown of Henry, :Brown of Cherokee, Hrew><ter, Buchan, <Aindler. Chappell, Clay of Uobu,
Clay or Walton,
(Jomer, Cook, Denney, DuBose, Duggan, Durranee, Evans, Fagan, Felton of Bartow,

Harrell of Decatur, Harrison of Quitman, Harris ol Columbia, Hawkins, Hayes, Henry, Hill of Meriwether, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Hun.phries of Clinch, Hutchioon, Jobn~on of DeK,tlb, .1 ohnson of Echols, .Tohnsor. of ~ereven, Kenan, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden,

Newton, o:ive, Peeples, Perkins, Pittman, Preston, Ray, Reilley, Reynolds, Rountree, tlchofield, Shew make, Simmons, Smith of Crawford, Smith of .Jefferson, Stevens, Stewart of Mitchell, Stewnrt of Rockdale, Stewart of Marion, Stovall, 8trickla11d, Tate, Taylor. Veazey. Viekers, Walker of }'loyd,

THURSDAY, AuGUST 18, 1887.

369

~lberston,
Fordhatll, Foute, i'ranklin of Fannin, Franklin of TholiUis, Gamble, Gardner, Gordon, Griffith, Bam, Hart,

Madden, .Mauney, .Mills, Mixon. Monroe, Morgan, Moye, McCord, McLendon, McKibben, McMichael,

Watts, Watson, Way, Wei!, West, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Worsham.

Those voting in tbe negative were Messrs.-

Bailey, Blalock, Coggins, Fortner, Gibson, Grindle, Hale,

Harper. Harris of Catoosa, Harvey, Henderson, Iler, McLane, McGarrity,

Norris, Parker, Rawls, Russell of Polk, Whelchel, Wilson.

Those not voting were Messrs.-

Adams of Greene, Atkinson, Birch more. Calvin, Cameron, Coney, Crawford, Darden, Dodgen, Felton of Bibb, Felton of Macon, Glenn, 'Green of Clay. Greene of Madison, Gresham,

Hagan, Hand, Harrell of Webster, Harrison of Franklin, Hill of Wilkes, Hunt,
,J{lnes,
Kennedy, Mathews, McGhee, McUleskey, Nichols. Page, PtJrry, Pickett,

Reid, Rich, Russell of Chatham, Russell of Clarke, Sims, Smith of Glynn, Smith of Gwinnett, Terrell, Thomas. Vaughn, Vming, Walker of Putnam, Whaley, Wheeler, Mr. Speaker.

Yeas, 110. Nays, 20. Not voting, 45.
Having received tbP. requisite constitutional majority, the resolution was passed, to-wit:

A resolution to appropriate tbe sum of one hundred and fifteen dollars to the .Jackson Light Artillery Company, of Albany, in repayment of such sum expended in repair-

360

JouRNAL oF THE Ho.usE.

ing, refitting, and preserving four twelve pounder brasa. Napoleon guns, the property of the State of Georgia;

The following bill was read the third time ; upon agreeing to the report of the committee, and amendments proposed; the previous question was called, which call was sustained, and the main question ordered.
The amendment proposed was not adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

Upon the passage of the bill, the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Bailey, Blalock, Branch, Brown of Cherokee, Brewster, Clay of Cobb. Coggins, Duggan, Durran<'e, Evan:-, Felton of Bartow. !<'elton of Bibb. Featherston, Fonte, Franklin of Fnnnin, Franklin of Thnma>, Gibson, Green of Clay. Grindle, Ham, Hart,

Harper, Harris of Columbia, Harvey. Hayes, Henry, Henderson, Howell, Hughes, Huff', Humphries of Brook,, Hutchison, .Tohn~on of ScJ'CVPil, Kimbrough, I ..aiuar, Laniel', Little of Talbot, Lumsden, i\'launey, \loye. McCord, McLanP. )IeGarrity, McMichael,

Peeples, Per kim, Perry, Pittman, Ray, Rawls, Reilley. Husscll of Polk, 8chofield, Smith of Glynn, Smith of Gwinnett, Stewart of Marion, Tate, T>1ylor, Vickers. \Valkcr of Floyd, Wntts, West. Wh"ley. Whelchel. Williams of Harris, Willi>lms of .Tackson, Wilson.

Those voting in the negative were Messrs.-

Adams of Green!', Ashley, Atkinson.

Harrell of Webstr r. Harris of Catoosn, Hawkins,

Olive, Keynolds, Rountree,

THURSDAY' AuGusT

18, .

18S7.

361

Belt. Brady, Brown of Henry,
Calviq, Cameron,
Candler, Chappell, Clay of Walton,
Comer, lluBose, Fagan, Fortner, Fordham, Gamble, Gardner, Hale.

HiL r_,f Meriwether,
Holland, . Howard, Humphries of Clinch,
Iler, Johnson of Echols, Key, Madden, Mills,
!dixon. Monrt>e, McLendon, McKibben, Newton, Norris,

Shewmake, Simtnons,
Sims, Smith of Crt~wford, Smith of Jefferson, Stewart of Mitchell,
Stovall, Thomas,
Veazey, Walker of Putnam,
Way, Wheeler, Williams of Upson, Wilcox, Worsham.

Those not voting were Messr~.-

Berner,
Birchmore, Black,
Bray.
Buchan,
Coney,
Cook,
Crawford,
Darden,
Denney,
Dodgen. Felton of Macon. Gordon, Glenn, Greene of :Madison, Gresham, Griffith,

Hagan,
Hand,
Harrell of Decatur,
Harrison of Franklin,
Harrison of Quitman.
Hill of Wilkes,
Holleman,
Hunt,
,Johnson of DeKalb,
.Jones,
Kenan, Kennedy, l\Iathews, Morgan, ,f.,Ghee, McCleskey, Nichols,

Page.
Parker,
Pickett,
Preston.
Reid,
Rich,
Kussell of Chatham,
Russell of Clarke,
Stevens,
Stewart of Rockdale,
StrJCkland. Terrell, Vaughn, Vining, Watson, Wei I, Mr. Speaker.

Yeas 69. Nays 55. Not voting 51.

A bill to designate the public gazette in which the legal advertisements of Ordinaries, Sheriffs, Coroners, Comtables and other public officers shall be published in this State, and for other purposeR.
By unanimous consent, House resolution No. 134, was reinstated upon the calendar and House bill No. 134 was withdrawn.

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

JouRNAL OF THE Hous;.

ATLANTA, GEORGIA,
Friday, August 19, 1887.

The House met pursuant to adjournment; was called to order by Mr. Clay, of Cobb, Speaker pro tern., and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their nameA :

Those present were Messrs.-

Adams of Elbert, Adams llf Greene, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, BMy, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Oandler, Chappell, Clay of Cobb, Clay of W11lton, Coggins, Comer, Coney, Umwforj, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagtw, l<'elton of Botrtow,

Hand, Hart, Harrell of Decatur, Harrell of W ehster, Harrison of Quitman, Harper, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins.
Haye~.
Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Hutr, Humphries of Brook~. Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalb. .Johnson of Eehols, .Johnson of fkreven, ,Jones, Kenn!ldy, Key, Kimbrough, Lamar. Lanier.

Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reillev, Reynolds, Rich. Rountree, Russell of Chatham, l{ussell or Clarke, Russell of Polk, Schofield, 8hewmalm, 8tmmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of ,J eff'erson, Stevens, Stewart of Mitchell, Stewart ot Rockdale, Stewart of Marion, 8tovall, Strickland, Tate, Taylor, Terrell,

FRIDAY, AUGUST 1~, 1887.

863

Pelton &f Bi'Ml, Felton of Macon, Featherston, Fortner. Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, G'!'esham, Griffith, Grindle, Hagan, Hale. Ham,

Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills, Mixon. Monroe, Morgan, Moye, McCord. McLane, McGarrity, McLendon, McKibben, McCleskey, .McMiabael, Newton. Nichols, Norris. Olive,

Thomas, Veazey. Vickers, Vaughn, Walker of Floyd, Walker ot Putnam, Watts, Watson, Way, Weil, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speakbr.

Those absent were Messrs.-

Arnheim, Ashley, Cook,

Harrison of Franklin, McGhee,

Kenan,

Vining.

'Mr. Gibson, of the Committee on Journals, reported that the Journal ofyesterday's proceedings had been examined and found correct.

The Journal was then read and approved.
Leave ot absence was granted to the following members, to-wit: Messrs. Walker of Floyd, Norris, Reid, Gresham, Felton of Macon, Worsham, Wei), Hart, Greene of Clay, Lanier, Fordham, Clay of Walton, McGhPe, Williams of Jackson, Madden, Henry, Mauney, Hill of Wilkes, Henderson, Adams of Greene, McLane, Jones, Humphries of Clinch, and Mr. Wilson, Door-keeper.
Mr. West gave notice that he would, at the proper time, move to reconsider so much uf the proceedings of the House yesterday as relates to the actiml'had on House bill No. 143. 'Mr. West moved to reconsider the action of the House on

364

.JouRNAL oF THE HousE.

yesterday, so far as relates to action had on House hill No. 143, to-wit:
A bill to prescribe the gazette in which the county officers shall advertise.
The motion to reconsider prevailed.
Mr. Duggan, chairman of the Committe(' on Enrollment, submitted the following report:

1Jfr. 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 resolutions, to-wit:
A resolution for the relief of The Norwich Union Fire Insurance Society of England.
Also, a resolution to further the improvement of the Flint, Chattahoochee and Appalachicola Rivers.
Respt'ctfully submitted. IvY ~W. DuGGAN, Chairman.

::\Ir. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:
Ml'. Spcal.~f'J':
T:1e Committee on Counties and ( ounty Matters have had under comlideration the following bills, which they instrnet me to repOI't back, with the recommendation that the :-;arne do pass, to-wit:
By Mr. McGarrityA bill to repeal an act entitled au act to establish a Board
of Commis;;ionerf' of Roads and Revenues for Paulding county, etc.
By Mr. FaganA bill to amend an act to create a Board of Commission-
ers of Roads and Revenues for the county of Houston, etc



FRIDAY, AuGusT 19, 1887.

;365

Also, the following bill, which they recommend be recommitted to the Committee on Hygiene and Sanitation, to-wit:
A bill to promote the health and agrwultural interest of Franklin county.
Also, the following bills which they recommend that the introducer be allowed to withdr-aw, to-wit:
A hill to amend an act to organize a Board of County Commissioners for the county of Gordon.
Also, a bill to prohibit the sale, barter or exchange of cotton seed in the county of Wilkes from the 15th of August to the 15th of December of each year; to pte;,eribe penalties, etc.
Respectfully submitted. .T. M. TERRELL, Chairman.

Mr. Lumsden offered the following resolution, to-wit :

Resolved, That no new bills shall be introduced after the first day of September, next.

The Speaker ruled that as the resolution proposed to change the rules of the House, it should lie over for one day.

Upon motion of Mr. W eil, House bill No. 355 was made the special order for Tuesday, August 30, instant, immediately after the reading of the .Journal.

Upon motion, House tesolution ~o. 1:36 was recommitted to Committee on FinancP.

By unanimous consent, House bills No. 47:3 and 477

were withdrawn.



Upon motion, Senat~ bill No. 117 was recommitted to Committee on Corporations.

By unanimouR consent, House bill No. 78.5 wa:-; withdrawn.

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

366

.JouRNAl, oF THE HousE.

JlJr. Spenker :
The Committee on Corporations have had under eonsidt'ration the following bills, which I am directed to report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act defining a contract of fidelity insurance, and to provide for incorporated fidelity insurance companies becoming sureties on bonds required by law,and for other purposes.
Abo, a bill to he entitled an act to incorporate the town of Cornelia, in the county of Haber;;ham, and for other purpo,.;et'. Proofs correct.
Re'ipectfully submitted. WM. HAHRISON. Chairman.

Mr. Chappell, chairman of the Committee on Railroad;;, submitted the following report:
Mr. Speaker :
The Committee on Railroads have had under consideration the following House bill, which I am directed toreport back, with the recommendation that it do pass, by substitute, to-wit:
A bill to incorporate the Savannah, Macon and Birmingnam Railroad and Bankin~ Company.
Respectfully submitted. THos. ,J. CHAPPELL, Chairman.

Mr. Walker, of Putnam, chairman of the Committee on Temperance, submitted the following report:

Jir. Speaker:
The Committee on Temperance have had under consideation the following bills, to-wit:
A bill entitled an act to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem church, in the county of Gordon, which they request me to report back, with the recommendation that it rlo pass.

FRIDAY, AUGUST 19, 1887.

367

Also, a bill to allow the v.,ters of. Dade county to vote under the local option law, which they request me to report back, with the recommendation that it do not pass, for the reason the local option law now applies to that county and that they now have the authority of law to hold said
election. Respectfully ~Submitted. N. S. WALKER, Chairman.

The following was received from the Senate, through Mr. W. A. HatTis, t!H' Secretary thereof:

Mr. Speaker .
The Senate ha,; pas><ed the following bill of tlw Senate, by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend an act entitled an act to authorize the corporation of Sandersville to establish and maintain public schools, etc.; approved September 18, 1881; passed by the requisite constitutional majority; yeas 27, nays 0.
Upon the call of the roll, for the introduction of new matter, the following bills were introduced, read the first time and referred to the Committee on Special Judiciary, to-wit:
By Mr. FouteA bill to amend an act entitled an act to establish a City
Court in the county of Bartow, etc., approved October 10, 1885, and for other purposes.
By Mr. PerryA bill to increase the fees of Justices of the Peace, Nota-
ries Public and Constables, etc.
By Mr. PickettA bill to remove the county site of Worth county from
Isabella to Sylvester, in said county, etc.
The following resolution aud bill were introduced, read

JouRNAL OF THE HousE.
the first time, and referred to the Committee on Finance, to-wit:
By Mr. EvansA resolution to appropriate $281.44 to J. E. Page, R. F.
Brown, J. W. Flicker, H. S. Brit, J. H. May, J. F. Smith and T. B. Smith, sureties on the Tax Collector's bond of J. A. Rob,;on, late of the county of Washington.
By Mr. G-lennA bill to compensate Chades P. McCalla for servwes
rendered the i':ltate.
The following bill was introdueeJ, read the first time, and referred to the Committee on Education, to-wit:
By Mr. WilcoxA bill to establish a system of publin schools for the
town of wayeross; to empower the Mayor and Connc>il of
said town to levy and collect a tax for the support and maintenance thereof, etc.
The following bill was introduced, read the. first time, and referred to the Committee on Agriculture, to-wit:
By Mr. McMichaelA bill to prevent the running at large of stock in the
882d district, G. M., in Schley county.
The following bills were introduced, read the first time, and referred to the Committee on Temperance, to-wit:
By Mr. HenryA bill to alter and amend section 4565 (a) of the Code
of 1882, embodying the act of February 27, 1877, etc.
By Mr. Clay, of WaltonA bill to prohibit the sale of spirituous, malt or intoxi-
cating liquors, within three miles of Bethlehem Academy, in the county of Walton, etc.
Also, a bill to prohibit the ~ale of spirituous, malt or intoxicating liquors within three miles of the Methodist chnrch at .Jersey, in Walton county, Ga., etc.

FRIDAY, AUGUS'l' 19, 1887.

369

The following bills were introduced, read the first time, and referred to the Committee on General Judiciary, to-wit :

By Mr. LamarA bill t~ amend an act entitled an act to establish a City
Court in the county of Richmond, etc.
By Mr. GlennA bill to make the provisions of the Code of Georgia as
to prescriptive title to land, appliPable also to claims of right to private ways over the lands of another, etc.
Also, a hill to amend section 730 of the Code of 1882.
Also, a bill to amend section 3739 of the Code of 1882.

The following bills were introduced, read the first time and referred to the Committee on Counties and County Matters, to-wit :

By Mr. Henry-
A bill to provide for the payment of accounts of road contractors against Chattooga county for work done in the .year 188t, upon the public roads of said county, etc.
By Mr. BlackA bill to amend an act entitled an act to organize a
Board of County Commissioners for the county of Gordon, etc.
By Mr. Fagan-
A bill to prevent fishing in Flint River, in Georgia, between the 1st of April and October, except with hook and line, etc.

By Mr. Fortner-
A bill to define the term of office of the Commissioners of Roads and Revenues of Johnson county, etc.
24

370

JouRNAL OF THE HousE.

By Mr. Hill, of Wilkes-
A bill to prohibit the sale of seed cotton in Wilke8 county, Georgia, from the 15th day of Aug-ust to the 15th day of December each year, and for other purposes.

The following bills were introduced, read the first time, and referred to the Committee on Raili'Oads, to-wit:
By Mr. Hill, of WilkesA bill to incorporate the Washington Steeet Railway
Company, etc.
By Mr. Piekett-
A bill to incorporate the Thomasville and Ty 'fy Rail-
way Company.
The following bills were introduced, read the first time, and referred to the Committee on Corporations, to-wit:
By Mr. ConeyA bill to authorize the Mayor and Council of the town
of Dublin toappropriate any moneys arising from licenses to .'iell spiritnows or malt liquors to the support of the school in said town.
By Mr. VeazeyA bill to incorporate the town of Hillman in the county
of Taliaferro, etc.
By Mr. GordonA bill authorizing the Mayor ann Aldermen of the city
of Savannah to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets o1 lanes of the city of Savannah; to make and collect assessments for the same, etc.
By unanimous consent, the following Senat.. bill was read the second time, to-wit:

A bill to amend the charter of the town of Barnesville and the acts amendatory thereof, so as to provide for the

FRIDAY, AuGUST 19, 1887.

election and fix the term of offices of the Mayor and Aldermen of said town, etc.
House resolution No. 134 was taken up for a third reading.
As the same providerl for an appropriation, the House went into a Committee of the whole House.
Mr. Mathews, of Houston, was called to the chair.
Mr. Mathews, chairman of the Committe!' of the whole House, submitted the following report:

Mr. Speaker :
The CommittPe of the Whole House have had under consideration HousP resolution No. 134, which they instruct me to report back, with the recommendation that the same do pass, as amended.
The following resolution was read the third time; the report of the committee was agreed to.
As the resolution provided for an appropriation, it was that the vote should be taken by the yeas and nays.
Upon the call of the roll the tollowing is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Atkinson, Bailey, Belt,
Bern~r,
Birch more, Branch, Brown of Henry, Brewster, Buchan, Calvin. Candler, Chappell,

Harper, IIarris of Catoosa, Harris of Columbia, Hawkins. Hayes, Henry, Henderson, Hill of ,\leri wether, Hill of Wilkes, Holland, Holleman, Howard, Howell,

Peeples, Perkins, Perry, Pickett, Preston, Rawls, Reid, Reilley, Reynolds, Rountree, Russell of Clarke, Russell of Polk. Schofield,

372

JouRNAL OF THE HouAE.

Clay of Walton, Coggins, Cou1er, Coney, Crawford, DuBose, Duggan, -Durrance, Evans, l<'agan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Foute, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Glenn, Greene of Madison. Griffith, Grindle, Hagan, Hale, Ham, Hand, Hart, Harrell of Webster, Harrison of Quitman,

Hughes, Humphries of Clinch, Hutchison, Iler, .Johnson of DeKalb, Johnson of Echols, Johnson of Screven, ,Jones, Kennedy, Key, Kimbrough, Lamar, Little of Talbot, Lumsden, Madden,
~lathews,
Mauney, } I ills, }Ion roe, Morgan, :Moye, )lcCord, )lcLane, McGarrity, l\IcLE'ndon,
~IcKibben,
McMichael, Newton, Norris, Page1 Parker.

Shewmake, Simmons, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vickers, \Valker of Putnam, \Vatts, \Vatson,
\Vt~y,
Weil, West, Whaley, WheelE'r, Whelchel, Williams of Barris, Williams of ,Jackson, Williams of Upson, Wilcox, Wilson.

Those not voting were Messrs.-

Adams of Greene, Arnheim, Ashley, Black, Blalock, Brady, Bray, Brown of Cherokee,
Car11eron,
Clay of Cobb, Cook, Darden,

Fordham, Franklin of Thomas, Green of Clay, Gresham, Harrell of Decatur, Harrison of Franklin, Harvey, Huff, Humphries of Brooks, Hunt, Kenan, Lanier,

McCleskey. Nichols, Olive, Pittman, Ray, Rich, Russell of Chatham,
Stms,
Vaughn, Veazey, Vining, Walker of Floyd,

FRIDAY, AUGUST 19, 1887.

373

Denney, Dodgen, Felton of Macon,

Mixon, }fcGhee,

Worsham. Mr. Speaker.

Yeas, 132. Nay:~, 0. Not voting, 43.

Having received the requisite constitutional majority, the resolution passed, as amended, to-wit:

A resolution providing for the appointment of a commission to report as to the needs and probable cost in the equipment and furnishing of the new State Capitol building.

House resolution No. 144 was taken up for a third tcadmg.

As the same provided for an appropriation, the House went into a Committee of the Whole House.

Mr. Evans was called to the chair.

Mr. Evans, chairman of the Committee of the \Vhole House, submitted the following report :

Mr. Speaker :

The Committee of the \Vhole House have had under consideration House resolution No. 134, which they instruct me to report back, with the recommrmdation that the same do pass.

The following resolution was read the third time; the report of the committee was agreed to.

Upon the passage of the resolution the call of the yeas and nays were necessary, as the samf> provided for an appropriation.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Atkinson,

Henderson, Holleman, Howard,

Pickett, Preston, Ray,

~74

.TouRNAI, oF THE HousE.

Belt, Berner, Birchmore, Branch, Bray, Brown of Henry, Buchan, Calvin. Chappell, Coggins, Comer, Coney, Crawford, Durrance, Evans. Fagan, Felton of Bibb. .Featherston, J<'ortner, Gamble, Gardner, Gordon, Greene of Madison, Griffith, Grindle, Hagan, Hale, Ham, Harri,;on of Quitman. Harris of Columbia.

Howell, Hughes, Huff, Humphries of Clinch, Hunt, Iler, .Johnson of Echols, Johnson of Screven, .Jones. Kennedy. Key, Kimbrough, Lamar, Lumsden, Madden, J\1ath8WS, Mauney, Mills . Monroe, )forgan, Moye, McCord, McLendon, McMichael, Olive, Parker, P<o'eples, Perkins, Perry,

Rawls, Reid, Reilley, Russell of Chuke, Schofield, Shewmake, Simmons, Smith of Crawford, Smith of Hlynn, Smith of Jefferson, Stevens, i::itewart of Mitchell, Stewurt of Rockdale, Stewart of Murion, Strickland, Tate. Terrell, Thomas, Veazey, Vickers, Walker of Putnam, Wutts, Watson, Way, Weil, Whaley, Williams of Jackson. Williams of Upson, Wilson.

Tho;;e voting in the negative were Me8srs.-

Black, Blalock, Rrewster, U:trnPron, Candler. Clay of \Vnltnn. Duggan, Felioll of Bartow, Fonte, Gibson, Hand, Hart, Ibrrell of Webster,

Harper, Harris of UatH>Sa, Hawkins, Hayes, Henry, Hill of .Meriwether, Hill of Wilkes, Holland, Hutchison, .Johnson of DeKalb, Little of Talbot, MeGarr1ty, McKibben,

Newton, Norris, Heynolds, Hnssell of Polk, Smith of Gwinnett, Taylor, Vaughn, West, Wheeler, Whelchel. Williams of Harris, Wilcox.

FRIDAY, AUGUST 19, 1887.

375

. Those not voting were Messrs.-

Arnbeim, Ashley, Bailey, Brady, Brown of Cherokee, Clay of Cobb, Cook, Darden, Denney, Dodgen, DuBose, Felton of Macon, Fordham, Franklin of Fannin,

Franklin of Thomas, Glenn, Green uf Clay, Gresham, Harrell of Decatur. Harrison of Franklin, Harvey, Humphries of Brooks, Kenan, Lanier,
~Iixon,
} [ c L a n e. McGhee,

McCleskey, Nichols, Page, Pittman, Rich, Rountree, Russell of Chnth>tm, Sims, Stovall, Vining, Walker of Floyd, Worsham, :Mr. Speaker.

Yeas 97. Nays 38. Not voting 40.
Having received the requisite constitutional majority, the resolution was passed, to-wit :
A resolution for the payment of mileage for the adjourned l'lession of 1887.
House bill No. 161 was taken up for a third reading, and, upon motion, the bill was tabled.
By unanimous consent, House bill No. 753 was withdrawn.
Upon motion, House bill No. 184 was made the special order for Thursday next, immediately after the consideration of the special order already fixed for that day.
Upon motion, 200 copies of the substitute propo.;ed for House bill No. 184 were ordered printed for use of the House.

The following message was received from his Excellency th'.l Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Jfr. Speaker:
The Governor has approved and signed the following act and resolution>' of the General Assembly, to-wit:

376

JouRNAL oF THE HousE.

An act to amend section 3910 (b) of the Code and to provide for the revision of the jury lists annually in those counties within whose limits there is an incorporate town of ten thousand or more inhabitants.
A resolution for the relief of the Norwich Union Fire Insurance Society of England.
Also, a reHolution to further the improvement of the Flint, Chattahoochee and Appalachicola Rivers.
The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, and the bill passed by substitute, by the requisite constitutional majority, yeas 98, nays 0, to-wit :
A bill to prescribe the manner of selling trust property, and to require the teinvestment of the proceeds within thirty rlays, and for other purpose!'.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite C'onstitutional majority, yeas 103, nays 0, to-wit:
A bill to amend an act to incorporate the Rome and Carrollton Railroad Company, approved August 30, 1881, and the various acts amendatory thereof; 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, and the bill passed by the requisite C'onstitntional majority, yeas 97, nays 0, to-wit:
A bill to change the time of holding the Superior Courts in the county of Jasper, in the Ocmulgee Citcuit.
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, as amended, by the requisite constitutional majority, yeas 105, nays 0, to-wit:

SATURDAY, AUGUST 20, 1887.

377

A bill to incorporate the Bru~swick and Atlanta Railroad Company, and for other purposes.

The House then adjourned until to-morrqw mormng.

ATLANTA, GEORGIA,
Saturday, August 20, 1887.
The House met pursuant to adjournment; was called to order by Mr. Clay, Speaker protem., and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Elbert, Atkinson, Bailey, Belt, Black, Blalock, Brunch, Bray, Brown of Henry, Brewster, Buchan, Cameron, Candler. Chappell, Clay of Cobb, Coggins, Comer; Coney, Crawford, Duggan, Durrance, Evans. Fagan,

Harris of Columbia, Piekett,

Hawkins,

Pittman,

Hayes,

Pre, ton,

Hill of :\'Ieriwether. Ray,

Holland,

lhwls,

Holleman.

Reilley,

Ht>ward,

Reynolds.

Howell,

Rieh,

Hughes,

Rountree,

Huff',

Russell of Clurke.

Humphries of Brooks, Schofield,

Humphries of Clinch, Shewmake,

Hunt,

Simmons,

Hutehison,

Sims,

Iler,

Smith of Crawford.

.Johnson of l>eKulb, Smith of Glynn,

.Johnson of Echols, Smith of Gwinnett,

,Johnson of Screven, Smith of .Jefferson,

Key,

Stevens,

Kennedy,

Stewart of Mitchell,

Kimbroug)1,

Stewart of Marion.

LanJaJ-,

Stovall,

Lanier,

Strickland,

378

JouRNAJ. oF THE HousE.

Felton of Bibb, Featherston, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay. Green of Madi~on. Griffith, Grindle, Hagan, Hale, Hum, Hand, Harrell of De~atur, Harrell of Webster, Harrison of Quitman, Harper, Harvey, Harris of Catoosa,

Little or Talbot, Lumsden, Matthews, Mills, Mixon, Monroe, Morgan. Moye, )lcLane, McGhee, 2\fcGarrity. :\[e Len don, McKibben, McCleskey. McMichael, Newton, Nichols.
Norri~.
Olive. Parker, Peeples. Perkins, Perry,

Tate. Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Wei!, West. Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Those ab~>ent were Me~>srs.-

Ad!lm;; of Greene. Arnheim, Ashley, Berner, Birehmore. Rmdy, Brown of ChorokeP. Calvin, Clay of Walton, Cook. Durden, Denny,

I lodgen, DuBose. Felton of Bartow. Felton of :\'fReon,
Fortner,
Fordham, Gresham. Hart, Harriso11 of Franklin, Henry, Henderson. Hili of Wilkes,

.Jones, Kenan, Madden. ;)lttuney. MtCord, Pugt>. Reid, Russell of Ch11tham, H.nssell of Polk, 8tewart of Rockdale, Vaughn, Vining.

Mr. Ray, of the Committee on Journals, reported that the J oumal of yesterday',.; proceedings had been examined and found correct.
The Journal wa~> then rea,l and approved.

SATURDAY, AUGUST 20. 1887.

379

Leave of absence was granted to the following members, to-wit: Messrs. Russell of Polk, Morgan, Hill of Wilkes, Brady, Berner, McCord, Black, Moye, Felton of Bartow, Stewart of Rockdale, Fortner, Birchmore, Smith of Gwin. nett, Denney, Mathews, Kimbrough, Calvin, and Stewart of Mitchell.
The following rPsolution was read and adopted, to-wit:

Resolved, That the order of business for to-day be : 1st. The reading of House bills favorably reported a second time; and :2d. Senate bills a first time.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill, as amended, by the requisite constitutional majority, yeas 95, i1ays 1, to-wit:
A bill to incorporate the North and South Short Line Railway Company.
By unanimous consent the following bill was read the third time ; the report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
The bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, etc.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
By unanimous consent, the following Senate bill was read the third time; the report of the committee was agreed to; the proper legal proof.-; were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 1, to-wit :

A bill to amend the charter of the town of Barnesville and the act:s amendatory thereof, so as to provitie for th:

380

JouRNAL oF THE HousE.

election and fix the terms of officers of the Mayor and Aldermen ot said town, etc.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report :

Af1. Speaker:
The Committee on Counties and County Matters have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to provide for the payment of accounts of road contractors against Chattooga county tor work done in the year 1884.
Also, a bill to amend an act to organize a Board of County Commissioners for the county of Gordon.
Also, the f(Jllowi ng Senate bill, to-wit:
A bill to amend an act entitled an act to provide for a Board of Commissioners for the county of Oconee.
Respectfully submitted. ,J. M. TERRELL, Chairman.

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

Mr. Speake1' :
The Special Judiciary Committee has had under consideration the lollowing Senate hills, which I am instructed to report baok, with the recommendation that they do pass, to-wit :
A bill to confirm an ordinance of the City Council of Augusta.
Also, a bill to provide for the registration of the legal voters of Clinch county.

SATURDAY, AUGUST 20, 1887.

381

Also, a bill to prevent the running at large of stock on Cumberland Island.
Also, a bill ceding to the United States the jurisdietion of this State over certain land in the city of Augusta.
Also, a bill to transfer the county of Twiggs from the Oconee to the Macon Judicial Circuit.
Also, the following bill, which I am instructed to report back, with the recommendation that the same be referred to the Committee on Corporation, to-wit :

A bill to incorporate the Commercial Express Company, and for other putposes.
Respectfully submitted. F. C. TATE, Chairman.

By unanimous consent, :Senate bill No. 63 was recommitted to tbe Committee on Corporations.
Leave of absence was gmnted to the Committee on Railroads for a few moments from the morning session.
Mr. Glenn moved that the order of business be changed, and that local bills fot a third reading be taken up.
Upon this motion no quorum voted.
The Speaker caused the roll to be called to ascertain if a quorum was present.
The roll was called and the f(JIIowing members answered to their names :

Those present were Messrs.-

Adamo of Elbert, Atkinson, Bailey, Rerner, Black, Blalock, Branch, Brown of Henry,

H11rrell of W eb~ter, H11rrison of Quitman, Harper, Harris of U!itoosa, Harris of Columbia, Harvey, Hawkins, Hayes,

Perry, Pickett, Preston, Ray, Rawls, Reilley, Reynolds, Rich,

38:2

.TouRNAI, oF THE HousE.

Brewster, Buchn, Candler, Chppell, Clay ,,f Cobb, c(lggint"o,
c. ,,,ey,
Craw f, ,rd, Dugga11, I urratH'P,
Evan~. ~~:tgHII,
Feltn11 of Bibb. Featbpr,;ton, .l!'oute, Franklin of Fannin. Franklin of Thoma>, Gamble, Gardner, Gibson, Gordon, Glenn, Greene of Madi"m. Griffith, Grindle, Hagan, Hale, Hand, Harrell pf Decatur.

Hill ot Meriwether, HollaHd. Howard, Hughes. Hu11t, Hutchison, Iler, ,John~un of DeKalb. ,J oh II SOli of Echols, .Juhns<Jil of fkreven, 1\:enn!'rly. Key, Kimbrough.
LMnlHr.
Lanier. Little of Talbnl. Lumsden, :'lfathews, Mills, l\Ionroe, McGarrity, McKibben, McMichael, Newton, OliYe, Parker, Peeples, Perkins.

Rountrell, Schofield, Shewmake, Simrnons, Sims, Smith of Crawtord, Smith of Jefferson, Stevens. Stewart of Marion, Strick lund, TatP. Tuylor, Terrell,
Tho111a~.
\T euzey, Vi<'kers, Walker of Putnam, \V a tts, Watson, Way,
we~t.
Whaley, Wheeler, Whelehel, Williams of Upson, Wilcox, Wilson, Mr. Speaker.

Those absent were Messrs.-

Ad:~ms of Greene. Arnheim, Ashley, Belt, Birchmore, Brady, Bray, Brown of Cherokee. Calvin, Cameron, Clay of Walton, Comer, Cook, Darden.

Gresh:~ on, Ham, Hurt. Harrison of Franklin, Henry, Henderson, Hill of WilkeF, Holleman, Howell, Huff, Humphries of Brooks, Humphries of Clinch, .Jones, Kenan,

:'llcLendon, l\ll'Cieskey, Nichols, Norris, Page, Pittman, Reid, Russell of Chatham, Russell of Clarke, Russell of Polk, Smith of Glynn, Smith of Gwinnett, Stewart of Mitchell, Stewurt of Rockdale,

SATURDAY, AuGUST 20, 1887.

383

Denney, Dodgeu, DuBose, Felton of Bartow. Ft'lton of Macon. Fortner, Fordham, Green of Clay,

Madden. Mauney, Mixon, Morgan, Moyfl, McCnrJ. McLane, McGhee,

~to vall, Vaughn, Vining, Walker of Floyd, W-eil, Williams of Harris, Williams of Jackson. Worsham.

A quorum was found to be present. The motion to change the order of business did not prevail.
Upon motion, Senate bill No. 82, was recommitted to the Committee on the Special Judiciary.

By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite con,;titntional majority, yeas 94, nays 0, to-wit:

A bill authorizing the Commissioners of' Roads and Revenue of Bmke county, to issue and sell bonds of the county for building a jail, etc.

By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill by Hubstitute; the bill passed by substitute, by the requisite constitutional majority, yeas 97, nays 0, to-wit:

A bill to amend an act entitled an act to establish a system of public schools in the city of Newnan, Georgia, and provide for the maintenance and support of the same, etc., approved December 27, 1886.

By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
, A bill to amend an act to incorporate the town of Blakely, lD the county of Early, approved October 24, 1870, so as to create the office of Mayor ot said town, etc.

384

.TouRNAL OF THE HousE.

By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to create a County Court for the county of Early,
By unanimous con<"ent, the following bill was read the third time; the report of the committee was agn~ed to as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to incorporate the Citizens' Bank of Savannah.

By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A hill to ratify and confirm the charter of the Eatonton and Madison Railway Company, obtained under the general law for the incorporations of railroads in this State, approved September 27, 1881, and the acts amendatory thereof.
By ummimou,.; consent, 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 97, nays O, to-wit :
A bill to repeal section 2 of an act entitled an act to organize a Criminal Court for the county of Decatur, etc.; approved February 23, 1876.
The House then adjourned until Monday morning at 9 o'clock a. m.

MoNDAY, AuGusT 22, 1887.

385

ATI,ANTA, GEORGIA,
Monday; August 22, 1887,
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Elbert, Arnheim, Atkinson, Bailey, Belt, Berner, Birch more, Blalock, Brady, Branch. Bray, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Cook. Craw lord, Denny, Hodgen, DuBose, Duggan, Durrance, Evans. Felton of Bartow, Felton of Bibb, P.elton of Macon, Featherston, Fordham,
25

Hart,

Parker,

Harrell of Decatur, Peeples,

Hurrell of \Vebster, Perkins,

Harrison of Quitman, Perry,

Harris of Catoosa,

PiC'kett,

Harris of Columbia, Pittman,

Harvey,

Pre& ton,

Hawkins,

Ray,

Hayes,

Rawls,

Henderson.

Reilley,

Hill of Wilkes,

Reynolds,

Holland,

Rieh,

Howard,

Rountree,

Howell,

Russell of Clarke,

Hughes,

Russell of Polk,

Huff,

Schofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hutchison,

Sims,

Iler,

Smith of Crawford,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Stevens,

Johnson of Screven, Kenan, Kennedy, Key,

Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion,: Stovall,

Kimbrough, Lam at,

StricklaTh\ Tate,

Lanier,

Taylor,

Little of Talbot,

Terrell,

Lumsden,

Thomas,

Madden, Matthews, Mauney,

Vaughn, Veazey, Vickers,

386

JouRNAL OF THE HousE.

Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green or" Clay, Green of Madison, Griffith, Grind!<>, Hagan. Hal<:. Hum, Hand,

Mills, M:ixon, Monroe, McUord, McGhee, McGarrity, McLendon, McKibben. McCleskey. McMicha'll, Newton,
Nidwl~.
011\e, Page,

Walker of Putnam, Watts, Watson, Way, Wei!, West. Whaley, Wheeler, Whelchel, Williams of Upson, Wil<ox, \Vi loon, \Vor;hurn, .JI r. t';penhr.

Those ab~ent were Me:ssrs.-

Adams of Greene, Ashley, Black, Brown of Henry, Brown of Cherokee, Comer, Darden, Fagan, Fortner, Gardner,

Gresham, Harrison of Franklin, Harper, Henry, Hill of Meriwether. Holleman. Hunt, Jones, ~I organ. Moye,

McLane, Norris, Reid, Russell of Chatham, t-lmith of Glynn, Smith of .Jefferson, Vining, walker of Floyd, Williams of Harris, Williams of ,Jackson.

Mr. \Villiams, of the Committee on Journals, reported that the Journal ofSaturday's ptoceediugs had been examined and found correct.
The Journal was then reaJ and approved.
Leave of absence was granted to the following members, to-wit: Smith of Glynn, Fagan, Brown of Cherokee, Comer, Williams of Harris, Smith of Jefferson, Belt and Harper.
The following resolution was read and referred to the Committee on Rules, to-wit:
A resolution to appoint a committee of five to ascertain the cause of the slow progress in the House, and to suggest plans for facilitating the transaction of business.

MoNDAY, AuausT 22, 1887.

387

The following resolution was taken from the table, and the same committed to the Committee on Rules, to-wit:

Reaolved, That no new business be introduced in this House after September 1st.
Mr. Wheeler offered the following resolution, which was read, to-wit:
Resolved, That the hours of meeting of the House be 9 o'clock, a. m., and the hour of adjurning be 1 o'clock, p. m. until further ordered by the House.
Upon the adoption of the resolution, the yeas and nays wete called for, which call was sustained.
Upon the call of the roll the following 1s the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Birch more, Blalock, Branch, Br<lwster, Candler, Clay of Cobb, Coggins, Coney, Dodgen, DuBose, Duggan, Durrunce. Felton of Bartow, Franklin of Fannin, Gibson, Gordon, Glenn, Greene of Madison, Hale, Hand, Harrell of Decatur, Harrell of Webster, Harrison of Quitman,

Harris of Catoosa, Hawkins, Holland, Hughes. Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Screven, Kenan, Kennedy, Key, Lamar, Lanier, Lumsden, Madden, Mixon, McGhee,
McGa~r1ty,
McKibben, McCleskey, McMichael,

Newton, OlivE>, Preston, Ray, Rawls, Rich, Rountree, Russell of Polk, Sirnmons, Stewart of Rockdale, Btewtut of Marion, Tate, Taylor, Thomas, Veazey, Watts, West, Whaley, Wheeler, Whelchel, Williams of Upson, Wilcox, Worsham.

388

JouRNAL oF THE HousE.

Those voting in the negative were Messrs.-

Arnheim, Atkinson, Berner, Bray, Clllvin. Cameron, Chappell, Crawford, Evans, Felton of Bibb, Featherston, Franklin ofThomas, Gamble, Griffith, Grindle, Hagan.

Ham, Hart, Harris of Columbia, Harvey, Hayes, Howard, Howell, Johnson of Echols, Kimbrough, .Mills, Monroe, Parker,
P~eples,
Perkins, Perry, Pickett,

Pittman, Reilley, Reynolds, Russell of Clarke, Schofield, Shewmake, Smith of Gwinnett, Strickland, Terrell, Vaughn, Vickers, Walker of Putnam, Watson, Way, Wei I, Wilson.

Those not voting were Messrs.-

Adams of Greene, Ashley, Bailey, Belt, Black, Brady, Brown of Henry. Brown of Cherol;ee, Buchan, Clay of Walton, Comer, Cook, Darden, Denney, Fagan, Felton of Macon, Fortner, Fordham, Foute,

Gardner, Green of Clay, Gresham, Harrison of Franklin, Harper, Henry, Henderson, Hill of l\leri weiher, Hill of Wilkes, Holleman, Hunt, Jones, Little of Talbot, Mathews, Mauney, Morgan, Moye, McCord, McLane,

McLendon, Nichols, Norris, Page, Heid, Russell of Chatham, Sims, Smith of Crawford, Smith of Glynn, Smith of .Jefferson, Stevens, Stewart of Mitchell, Stovall, Vining, Walker of Floyd, Williams of Harris, Williams of Jackson, Mr. Speaker.

Yeas 71. Nays 48. Not voting 56.

So the resolution was adopted.
Mr. Griffith offered the following resolution, which was read and referted to the Committee on Rules, to-wit:
Resolved by the House of Representative.9, the Senate con-

MoNDAY, AuGusT 22. 1887.

389

turri'A!J, That a joint committee of five from the House
and three from the Senate be appointed, who shall investig!lte fully the amount and condition of public business before the two houses, and report the earliest practicable date for the final adjournment of the present session of the General Assembly.
By unanimous consent, House resolution No. 135 was recommitted to Committee on Rules.
By unanimous consent, House bill No. 641 was recommitted to the Committee on Penitentiary.
Mr. Clay, of Cobb, chairman of t3e Committee on Manufactures, submitted the following report:

Mr. Speaker:
The Committee on Manufactures have had under consideration House bill No. 182, viz: an act to fix and regulate the hours of labor in all cotton, woollen or other manufacturing establishments in this State, and for other purposes; and they have instructed me as their chairman to report the same back, with the recommendation that it do pass by substitute.
The caption of the substitut~ is as follows:
A bill entitled an act to fix and regulate the hours of labor in all cotton, woollen or other manufacturing establishments in this State, and to provide renwdies for the violation of the same.
Respectfully submitted. A. S. CLAY, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:
Mr. Speaker :
The Commiti:ee on General Judiciary have had under oousidetation the following bill, which they instruct me to return to the House, with the recommendation that it do pass, as amended, to-wit :

390

JouRNAL OF THE HousE.

A bill to repeal sections 742 and 743 of the Code and provide how mining companies may ohtain rights-of-way.
Also, the following bill, which they recommend be referred to the Committee on Penitentiary, to-wit:
A bill to amend section 4698 of the Code. Also, the following resolution, which they recommend be referred to the Committee on Rules, to-wit:
A resolution amending Hom;e Rule 98. Also, the following bill, which they recommend do not pass, to-wit :
A bill to create a lien on railroads in favor of persons employed as laborer,; in the construction thereof.
Reiipectfnlly submitted. R. L. BERNER, Chairman.
Mr. Calvin, chairman of the Committee on Education, submitted the following report:

Mr. 6peake1' :
The Committee on Education have had under consideration the following bill of the Senate, which they instruct me to return to the House with the recommendation that it do pass, to-wit :
A bill to provide for the approval, custody and record of the bond of the County School Commissioner, and for the giving of a new or supplemental bond when necessary.
Respectfully submittetl. MARTIN V. CALVIN, Chairman.
Upon the call of counties for the introduction of new matter, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. WheelerA bill to incorporate the chattanooga Southern Railway
Company, and for other purposes. Referred to Committee on Railroads.

MoNDAY, AuGusT, 22, 1887.

391

By Mr. CameronA bill to alter and amend the act of October 12,.1885,
providing fm the registration of the voters of Telfair county.
Referred to Conunittee on Counties and County Matters.
By Mr. GriffithA bill to authorize defendants convicted of any offense
in any of the County Courts of this State, upon giving notice of his intention to apply for the writ of certiorari to give bail instanter to abide by, and perform the final judgment in the case, and fi>r other purposes.
Referred to Committee on Special Judiciary.
By Mr. Mathews-
A bill to provide for the election of County Court Bai. lifts, and for other purposes.
Referred to Committee on Counties and County Matters.
Also, a bill to amend the guano inspection laws ol this State, etc.
Referred to Committee on Finance.
By Mr. HowellA bill to exempt one hundred and twenty-five members
of the Atlanta Artillery from jury duty. Referred to Committee on Military Affairs.
By Mr. RawlsA bill to prevent the civil officers of this State from
serving on juries. Referred to Committee on General Judiciary.
By Mr. MixonA bill to amend au act entitled an act to prohibit the
sale of spirituous, vinous, malt and other intoxicating liquors within the county of Coweta; approved September lS, 1883, etc.
Referred to Committee on Temperance.
By Mr. GordonA bill to amend an act, approved September 21, 1883,

392

JouRNAl, oF THE HousE.

entitled an act to extend the corporate limit~ of the city tl Savannah, so as to exempt from taxation all real estate and. improvements therein, lying north ~f the Louisville road
and west of the limits of Savannah, as they existed before the passage of the above entitled act, while said property is used for agricultural or manufacturing purposes, or until tbe plan of the city is extended over said portion of the city, etc.
Referred to Special Judiciary Committee.
By Mr. HollandA bill to amend au act, approved March 3, 1875, entitled
an act to amend an act to consolidate, amend and supercede the several acts incorporating the town of Cartollton, in the county of Carroll; to grant certain privileges to the same; appl'Oved August 20, 1872, etc.
Refened to Committee on Corporations.
By Mr. Felton, of BibbA bill to prescribe the time of holding the Superior Courts
of the Macon Circuit, etc. Referred to Committe on Special Judiciary.
By Mr. WilsonA bill to amend section 1319 of the Code of 1882. Referred to Committee on General J udiciary.
By .Mr. HuffA bill to require the railroatl companies of this State
to lay out and establi;;h ways of accrss and egress to their depots and stations; to prescribe a penalty, etc.
Referred to Committer on GenNa! ,Judiciary.
By Mr. WestA bill to amend section 1456 of the Code of Georgia. Referred to Committee on General .Judiciary.
By Mr. Franklin.A bill to amend section 936 of the Code of 1882 by
striking therefrom the words, "one-halt uf the amount" in the eighth line of said section, and inserting iu lieu of snch words so striekPn out, the words, " the ~;ame as that," so far as the same relates to the county of Thomas, etc.
Referred to Committee on Special Judiciary.

MONDAY, AuGUST 22, HS87.
B.y unanimous consent, House bill No. 484 was recommitted to Committee on Corporations.
By unanimous consent, Honse bill No. 923 was withdrawn.
By unanimous consent, House bill No. :n was recom-
mitted to Committee on Special Judiciary. The Committee on Rules, to whom was referred a reso-
lution to appoint a committee of five to ascertain the causes of the !dow progress of business, and to suggest plans for facilitating the transaction of business, beg leave to submit the following report :
Unrler the Constitution and laws of this State, requiring ea<h bill before it shall become a law to be read three times on three separate days in each House, and the common custom authorized by the rules of each of the Houses of the General Assembly, to have each bill considered by a committee of each House, it will be seen that ltgislation is, as it should be, a slow and careful process.
When it is remembered that all these rules apply to bills which are not contested, and in addition thereto, days are frequently consumed both in committee and in each House, on one bill where members entertain conflicting view;.:, and further, that in addition to these requirement;.:, every bill which contains an appropriation mu~t be considered in Committee of the Whole House, where I'Uit's limiting debate are forbidden; it follows necessarily, that with the
utmost dispatch or busine:;s, a HCf'sion of the General
Assembly is obliged (it business is considered) to be regulated in length by the number of bills and resolutions introduced, and their importance; fot the reason that much time is required by reading first and second times, reference to, and consideration bv committees, before bills can be put on their passage, it is natural, proper and in accordance with the practical working under our mles, that much of the time of each session should be consumed in preparation of bills for final acti.m, and before they become the acts of this body..

394

JouRNAL OF THE HousE.

I

The committee would, therefore, for the reasons stated, recommend that the resolution do not pass.
Your committee believe that no additional rules are J'cquired to facilitate business, but ratlwr a eloser observance of those we now have.
Your committee are of the opinion that the frequent suspension of the rules, and granting unanimous consent to take up matter out of its regular order, very much retards the regular and harmonious disposition of the current business, and while they recommend no additional rule, they cannot refrain from calling attention to this practice, which does delay and postpone the regular order of business.
Under the operation of our rules, there are now about one hundred and twenty-five hills of this House, ready to be put on their passage, and by an observance of the regular order, these will be gradually and daily disposed of, while also work on their bills will be daily carried on.
Respectfully submitted. W.r>r. A. LITTLE, ex-officio Chairman.

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

Jlr. Speaker :
The Senate ha;; passed tht f(lllowing bills of the Senate by the requisite constitutional majority, to-wit :
A bill to amend an act approved December 27, 1886, to incorporate the Griffin, LaGrange and Western Railway Company; passed by the requisite eonstitutional majority, yeas 26, nays 0.
Also, a bill to be entitled an act to amend paragraph 1 of section 1676 of the Code of Georgia of 18t!:2; passed by the requisite constitutional majority, yeas 23, nays 0.
The Senatt> has aho passed the following hills of the House by the J'eq uisite eonstitutional majority, to-wit:
A bill to be entitled an act to amend an act entitled ~o
aet to ineorporate the Capital City Laud Improvement and

MoNDAY, AuGUST 22, 1887.

395

Banking Company of Atlanta, Georgia, approved December 26, 1886, for the purpose of changing its corporate name to the Capital City Bank; passed by the requisite constitutional majority, yeas 24, nays 0.
Also, a bill to be entitled an act to incorporate the First State Bank of Dawson, Georgia; passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate has also passed the' following resolutions of the House, by the requisite constitutional majority, to-wit:
A resolution approving and confirming the settlement made by the Govemor, of the State's claim represented by bonds of the Asheville and SpartanbUI'g Railroad; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a resolution for the relief of the Hartford Steam Boiler Inspection and Insurance Company ; passed by the requisite constitutional majority; yeas 26, nays 0.
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:i, nays 16, to-wit:
A bill to amend section 1977 of the Code of 1882, etc.
Upon motion, House bill No. 182 was made the special order for Wednesday, the 31st instant, immediately after the reading of the Journal.
Upon motion, two hundred copies of the substitute proposed for House hill No. 182, 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 proper legal prouts were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill for the relief of D. J. Hayes and P. F. Addison, of Franklin county.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill as amended; the bill passed as amended,

396

.JouRNAl, oF THE HousE.

by the requisite constitutional majority, yeas 97, nays 6, to-wit:
A bill for the relief of James Jordan, of Franklin county,.
House bill No. 254, was taken up for a third reading, and, upon motion of Mr. Lamar, the bill was tabled.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill by substitute.
Mr. Harrell moved to reconsidec the action of the House in agreeing to the report of the committee, which motion was not agreed to.
Upon motion of Mr. Watts, the bill was tabled, to-wit:
A hill to adopt the provisions of the st(ck law in the 796th district G. M., Stewart county.
House bill No. 259 was taken up for a third reading, and, upon motion of Mr. Shewmake, the bill was tabled.
The following bill was read the third time, to-wit:
A bill to require all fees from inspection of oils paid into the State Treasury, etc.
Upon motion, the bill was made the special order for Thursday, September I, immediately after the reading of the Journal.
Upon motion, 200 copies of House bill No. 261 and substitute proposed, were mdered printed for use of the House.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, August 23, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by th11 Rev. Mr. Hayes.

TUESDAY, .AUGUST 23, 1887.

397

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adllms 9( Greene, Arnbeim, Atkinson, Bailey, Berner, Bircbmore, Blalock. Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan,
Durr~tnce,
Evuns, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner. Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, 8ordon,

Hart,

Peeples,;

Harrell of Decatur, Perkins,

Harrell of Webster, Perry,

Harrison of Quitman, Pickett,

Harper,

Pittman,

Harvey,

Preston,

Harris of Catoosa,

Ray,

Harris of Columbia, Hawls,

Hawkins.

Reid,

Haye~.

Reille,,

Hill of Meriwether, Reynolds,

Holland,

Rich,

Holleman,

Rountree,

Howard,

Russell of Chatham,

Howell,

Russell ot Clarke,

Hughes,

Hussell of Polk,

Huff',

Schofield,

Humphries of B:-ooks, Shewmake,

Humphries of Clinch, Sun mons,

Hunt,

Sbns,

Hutchison, Iler,

Smith of Crawford, ~mith of Glynn,

.Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Smith of Jefferson,

.Johnson of Screven, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier,

Ste,ens,
Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate,

Little of Talbot,

Taylor,

Lumsden, Madden,

Terrell, Thomas,

Mathews, Mauney, Mills, Mixon, Monroe, Moye, McCord, McLane,

Veazey, Vickers, Vaughn,
'Valker o! Putnam,
Watts, Watson, Way, Wei!,

398

JOURNAL OF TJIE HousE.

Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale. Ham, Hand,

McGhee, McGarrity, McLendon,
~lcKibben,
McCleskey, MeMichRel, Newton. Norris. Olive, Parker,

West, Whaley, Wheeler, Whelchel, Williams of Jacksun, Williams of Upson, Wilcox, Wilson, Vooroham, 'lr. Speakbr.

Those absent were J\iessl':". --

Ashley, Belt, Black, Buchan, Clay of Walton, Coggins, Cook,

Fordham, Harrison of Franklin, Henry, Henderwn, Hill of Wilkes, Jones,

'lorgar>. Ni<;hols, Page, Vining, Walker of Floyd, Williams of Harris.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Mr. Dnggan, 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 Representateves and the President of the Senate, the following aets, to-wit :
An act to amend an act entitled an act to incorporate the Capital City Land Improvement and Banking Company of Atlanta, Georgia, approved December 20, 1886, for the purpose of changing its corporate name t.o the Capital City Bank.
Also, a resolution for the relief of the Hartford Steam Boiler Inspection and Insurance Company.
A!Ro, a resolution approving and confirming the settle-

TUUiDA Y, AUGUST 23, 1887.

399

ment made by the Governor, of the State's claim rcpreE~ented by bonds of the Asheville and Spartanburg Railroad.
Also, an act to incorporate the First State Bank of
Dawson, Georgia. Respectfully submitted. IvY W. DuGGAN, Chairman.

Mr. Berner, chairman of the Committee on General J u-
diciary, submitted the following report:

Mr. Speaker:
The General .TudiciHry Committee have had under consideration the following bill, which they instmct me to report back to the HousP, with the recommendation that it do pass, to-wit :
A bill to prescribe the time within which tax fl. Ja8. may
be enforced. Also, the following bills, which they recommend do pass,
as amended, to-wit :
A bill to prohibit county officers and attorneys at Ia w from being jury commissioners.
Also, a bill to prohibit any person from dealing in futures or keeping a produce exchange or bucket shop.
Also, a bill to l'equire defendants in ejectment eases to withdraw affidavits of forgety in cases when it shall appear that said deed or deeds have been lost in possession of the defendant or his counsel.
Also, the following bill, which they recommend do pass, by substitute, to-wit:
A bill to define the offense of blackmail, and to prescribe a penalty therefor.
Also, the following bill which they recommend do not pass, to-wit:
A bill to amend section 2525 of the Code. Respectfully submitted.
RoB'T L. BERNER1 Chairman.

400

JouRNAL OJ<' THE HousE.

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

11fr. Speaker:

The Senate has agteed to the Jollowing resolution, and asks the concurrence of the House therein, to-wit:
A resolution fm the relief of the Staunton Life Association of Virginia; passed by the requisite constitutional majority; yeas 25, uays 0.
The Senate has also passed the following bill of the Senate, to-wit:
A bill to be lntitled au act to regulate and control the inspection and sale of naval stores in the State of Georgia, and for other purposes.
The Senate has refused to pa;;" the following bill of the House, to-wit :

A bill to be entitled an act to alter and amend section 534 of the Code of 1882, and for other pUI'poses.
Leave of absence was gmnted to the followiug members, to-wit: Messrs. Coggins, Nichols, Buchan, Gamble and Kennedy.

Upon motion, Houiic bill No. 673, which was the special

order for to-day, wa,; taken up.



Upon motion of Mr. Denney, the House went into a Com-

mittee of the whole House.

Mr. Harrell, of Web,.,tet, was called to the chair.

Mr. Harrell, 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, which thl'Y instruct me to report back, with the recommendation that the same do no$ pass, to-wit:
A bill to amend, revise and consolidate the common school laws of the State.

WEDNESDAY, AUGUST 24, 1887.

401

Upon motion, the .bill was recommitted to the Committee on Education.
Upon motion, House bill No. 674, was recommitted to the Committee on Education.
Mr. Kenan offered the following resolution, to-wit:
Resolved, That the Special Committee of the House, charged with the investigation of affairs of the Lunatic Asylum, is herewith empowered to employ a stenographer, whose expenses shall not exceed one hundred and fifty dollars.
Mr. Smith, of Crawford, offered the following amendment, to-wit:
Resolved, That the joint committee from the House and Senate, appointed from the regular committee on Asylum of both Houses, be also allowed a clerk and stenographer.
Upon the adoption of the amendment proposeo, and the resolution, the previous question was called, which call was sustained and the main question ordered.
The amendment proposed by Mr. Smith was not agreed to.
The resolution offered by Mr. Kenan was adopted. The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Wednesday, August 24, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Hayes.
The roll was called, and the following members answered to their names :
26

402

JouRNAL oF 'l'HE Hom;E.

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt. Berner, Bircbmore. Blalock, Brndy, Branch, Bray. Brown of Henry. Brown of Cherokee, Brewster. Calvin, Catnerou, Candler, Chappell, Clay of Cobb, Clay of Walton, Ctlggins, Cotner, Coney, Crawford. Darden, Denney, Dodgen, DuBose,. Duggan, Durrrm<'e, E\ans, Fagan, Felton of Bartow. Felton of Bibb. }'elton of Macon. }'eatherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thoma, Gamble, Gardner, Gibson,

Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman. Harper, Harris of Catoosa, Harris of Columhin, Harvey. Hawkin,;, Hayes, HiL uf ~Ieri wdher. Hill nf 'Wilkes, Holland, Holleman, Howard, Howell, Hughes,
Huff~
Humphries of Brook,;, Hurnphries of Clinch. Hunt, Hut<-hison, Iler, Johnson of DeKalb, Johnson of Echols. Johnson of Screven, Jones, Kenan, Key, Kimbrough,_ Lam,tr, Lanier, Little of Talbot, Lumsden, Madden, .'\Iathews, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McCord,

Olive, Parker, Peeples, Perkins, Perry, Pickett. Pittman, Preston, Hay, Rawls, Heilley.
Reynold~.
Wch, Rountree, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Cr11wford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of ~'loyd, Walker of Putnam, Watts, Watson, Wny, Wei!, West, Whaley,

WEDNJ<jSDA Y, AUGUST 24, 1887.

403

Gordon, Glenn, Green <~f Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale. Ham,

McLane. McGhee, McGarrity. McLendon,
~IcKibben,
McCleskey.
~IeMichael, ~cwton,
Norris.

Wheeler, Whelchel, Williams of Harris. Williams of .Tackson, Williams of Upson, Wilcox, Wilson, Worsham, :VIr. Speaker.

Those absent wete MeHsrs.-

Ashley, Black, Buchan, Cook,

J1enry, Henderson, Kennedy. Nieholo,

Page,
!{pi(],
){ussell of Chatlutiii. Yiuing.

Mr. Lumsden, of the Committee on .Journals, repotted that the Journal of yesterday's proceedings had been examinee! and found cotrect.

The ,Journal was then read and approved.

Mr. Chappell, chairman of the Committee on Raill'Oads, submitted the following report :

Jfr. Speaker:
The Committee on Railroads have had under com;ideration the following Honse bill, which I am directed to report back, with the recommendation that it do pass, by substitute, to-wit:
A bill to incorporate the Macon and Alabama Railtoad Company.
The committee have also had under consideration the following House bills, which I am directed to report back, with the recommendation th.tt they do pass, as amended, to-wit:
A bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company.
Also, a bill to incorporate the Ote Belt Raihoad Company.

404

JouRNAL oF 'rHE Homm.

Also, a bill to incorporate the Carrollton, Marietta and Western Railway Company.
Also, a bill to inc01porate the Savannah, Vernon and Rosedew Railroad Company.
Also, a bill to amend an act to incorporate the Columbus Railroad Company.
Respertfully submitted. THos. J. CHAPPELL, Chairman.

Mr. Walket, of Putnam, chairman of the Committee on Temperance, submitted the following report:

Mv. Speake/' :

The Committee on Temperance have had under consideration the following bills, which they request me to report back, with the recommendation that they do pass, to-wit:

A bill to be entitled an act to prohibit the manufacture of spirituous liquors from corn, wheat, rye, or other grain, in the county of Fayette, and to provide a penalty for the same, as amended.

Also, a hill to be entitled an act to prohibit the sale of spirituous, malt or other intoxicating liquors, within three miles of \Valnut Grove Academy, in the county of Walton, and to provide a penalty for the same.

Also, a bill to be entitled an act to prohibit the sale of spirituous, malt or other intoxicating liquors, within three miles of the Methodist Church at Jersey, in Walton county, Georgia, and to provide a penalty for violating the same.

Also, a bill entitled an act to prohibit the sale of spirit-

uous, malt or other intoxicating liqu01 s within three miles

of Bethlehem Academy, in \Valton county, Georgia, and

for other purposes.



Also, a bill entitled an aet to prohibit the manufactureof spirituous or malt liquors in the county of Campbell, in this State, and provide a penalty.

Also, Senate bill No. 108, which is a bill to be entitled

WEDNESDAY, AuGUST 24, 1887.

405

an act to prohibit the sale of spirituous or malt liquors within_three miles of the Lula Methodist Church, in Hall county, in this State, a?d for other purposes. Proofs cor-
rect. Respectfully submitted. N. S. WALKER, Chairman.

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

Mr. Spenker:
The Senate has passed the following bill of the House by th2 requisite constitutional majority, yeas 2.5, nays 0, to-wit:
A bill to be entitled an act to create a sinking fund to pay off and retire bonds of the State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution of 1887.

Leave of absence was granted to the following members, to-wit: Messrs. Johnson of Screven, Taylor, Cameron, Howard, Gam hie and Clay of Walker.
Mr. Smith, of Glynn, was granted leave of absence from yesterday's session.
By unanimous consent, House bill No. 1;31, was taken from the table and reinstated upon the calendat.
Upon motion of Mr. McCord, House bill No. 9H, which was the special order of the day, was taken up.
As the bill provided for an appropriation, upon motion, the House went into a Committee of the Whole House, Mr. Humphries, of Brooks, in the chair.
Mr. Humphries, of Brooks, chairman l)f the Committee of the Whole House, submitted the following report:
Mr. Speaker :
The Committee of the Whole House have had under

406

JouRNAL oF THE HousE.

consideration House bill No. 99, which they instruct nie to report progress and ask leave to sit again.
Upon motion of Mr. Harrison, of Quitman, the time of debate was limited in the Committee of the Whole House, Qn the pending bill, to five minutes.
Upon motion, the House went into a Committee of the Whole Hou!'e for the further consideration of House bill No. 99, Mr. Humphries, of Brooks, in the chair.
Mr. Humphries, chairman of the Committee of the Whole House, submitted the following rPport:

M1. Speaker :

The Committee of the Whole House have had under consideration House bill No. 99, which they instruct me to report back, with the recommendation that the same do pass.

The following bill was read the third time. Mr. Rawls oflered as an amendment a substitute for the pending bill. U pun the adoption of the substitute the previous question was called, which call was sustained, and the main question ordered. The yeas and nays were called for, which call was not sustained. The amendment proposed was not agreed to.
The report of the committee, which was favorable to the passag-e of the bill, was agreed to.
As the bill provided for an appropriation, it was necessary that the vote should be taken by yeas and nays.

Upon the passage of the resolution the vote was as follows:

Those voting in the affirmative were Messrs.-

Adam~ of Elbc>rt, Arnheim Atkin.-:o11, Belt,

Gresham, Griffith, GrindlP, Hagan,

Norris, Olive. Peeples, Perkins,

WEDNESDAY, AuGUST 24, 1887.

407

Berner, Branch, Bray, Brown of Henry, Brown of Cherokee, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, F.1ute,
Franklin of Thomas, Gibson, Gordon, Glenn, Green of Clav, Greene of Madison,

Ham,

Perry,

Hart,

Pittman,

Harrell of Decatur, Preston,

Harrison of Quitman, Reilley,

Harris oi Columbia, Russell of Clarke,

Harvey,

Russell of Polk,

Hawkins,

Schofield,

Hayes,

Simmons,

Hill of Meriwether, Smith of Glynn,

Hill of Wilkes,

Smith of Gwinnett,

Holleman,

Smith of Jefferson,

Howell,

Stevens,

Hughes,

Stewart of Rockdale,

Huff,

Stewart of ~farion,

Humphries of Brooks, Strickland,

Huu.phries of Clinch, Tate,

Hunt,

Taylor,

Hutchison,
.r ones,

Terrell, Veazey,

Kenan,

Walker of .l<'loycl.

Key,

Watts,

Lamar,

Way,

Lanier,

Wei!,

Lumsden,

West,

Mauney,

Whaley,

Mixon,

Whelchel,

Morgan,

Williams of Harris,

M.oye,
~IcCord,
McLendon,

Williams of Jackson,
Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

Adams of Greene, Bailey,
Birchmore. Blalock, Brady, Brewster,
Clay of Walton. Durrance, Fagan, Fortner, Franklin of l!~nnnin, Gardner, Hale, Haud, Harrell of Webster.

Harper. Harris of Catoosa,
Holland, Iler, JohnRon of DeKalb, Johnson of Echols, Little of Talbot, Mills, Monroe, McGarrity, McKibben, )Ic Michael, Newton, Parker.

Pickett, Ray,
Rawls, Reynolds, Rich, Rountree, Shewmake, Stovall, Thomas. Vickers, Walker of Putnam, Wheeler, Wilcox, Wilson.

408

JouRNAL OF THE HousE.

Those not voting were Messrs.-

Ashley, .Black, Buchan, Cook, Fordham. Gamble, Harrison of Franklin, Henry, Henderson, Howard,

Johnsor. .of Screven, Kennedy, Kimbrough, Madden, Mathews, )lcLane, McGhee,
~IcUleskey,
Nichols. Page,

Reid, Russell of Chatham, Sims, Smith of Crawford, Stewart of Mitchell, Vaughn, Vming, Watson, Mr. Speaker.

Yeas, 103. Nays, 43. Not voting, 29.
Having received the requisite constitutional majority~ the bill passed, to-wit:

A bill to appropriate the sum of five thousand dollars, or so much thereof as may be necessary, for the purpose of repairing the buildings of the TT niversity of the State of Georgia.

The House adjourned until to-morrow morning at 9 o'cloek.

ATLA:-;TA, GEORGIA,
Thursday, August 2.1), 1887.
The House met punmant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
Upon motion, the eall of the roll was di~;pensed with. Mr. Hutchison, of the Committee on Journals, reported that the ,Journal of yesterday's pnJCeedings had been examined and found eorrect.
The .Journal was then read and approved
Mr. Schofield gave notice that he would, at the proper time, move to reconsider so much of the action of the

THURSDAY, AUGUST 25, 1887.

409

House on yesterday as relates to the passage of House bill No. 99.
Mr. Schofield moved to reconsider the action of the House on yesterday, relating to the passage of the following hill, to-wit:
A bill to appropriate the sum of $5,000, or so much thereof as may be necessary, for the 1epairing ot the buildings of the State University, etc.
Mr. McCord moved to lav the motion to reconsi<ler on the table.
Upon this motion the yeas and nays were called for, which call was sustained.
Upon the call of the I'oli the following 1s the result of the vote, to-wit :

Those voting in the affirmative wt-re Messrs.-

Adams of Elbert, Atkinson. Belt, Berner, Bray. Br.,wster, Gilvin. Candler. Chappell, Clay of Cobb. Comer, Coney, Darden, Denney, DuBose, Duggan, Evans, Felton of Burtow, Felton of Bibb. Felton of Macon, Featherston, Gamble, Gibson,

Glenn, Green of Clay, Greene of Madison. Griffith, Hart, Harrell of Decatur, Harrison of Quitman, Harris of Columbia, Harvey, Henry, Hill of :\leri weihflr, Hill of Wilke>, Holleman, Howell. Hughes, Humphries of Clineh, ,Jones, Key, Lamar, Lanier, Madden, Mathews, Mauney,

Mixon, Moye, McCord, iV[cLane, }lcLendon, Norris, Olive, Pittm!tn, Reilley, Russell of Clarke, Sirnmons,
Sinu~,
Smith of Glynn, Stevens, Terrell, Veazey, Walker of Floyd, Watts, Wei!, Whaley, Williams of Harris, Williams of Upson.

410

JoURNAL OF THE HousE.

Those voting in the negative were Messrs.-

Adams of Greene, Bailey, Birch more, Blalock, Brady, Branch, Brown of Henry, Crawford, Dodgen, Durranc(. l<'agan, Fortner, Fordham. Foute, l<'ranklin of Fannin, Franklin of Thomas, Gardner, Grindle, Hagan, Hale, Ham, Hand, Harrell of Webster, Harrison of Franklin. Harper, Hawkins.

Hayes, Holland, Huff, Hunt, Hutchison, Iler, Johnson of DeKalb, .Johnson of Echols, Johnson of Screven, Kimbrough, Little of Talbot, Lumsden, Mills. Monroe, Morgan,
~IeGhec,
McGarrity, c\IcKibben.
~IcMichael,
Newton, Parker. Peeples, Perry, Pickett, Preston, Ray,

Rawls, Reynolds, Rich, Rountree, Russell of Polk, Schofield, Smith of Crawford, 8mith of ,Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Thomas, Vnughn, Vickers, Walker of Putnam, Watson, West, 'Vheeler, Whelchel, Williams of .htckson, Wilcox. Wilson, 'V'orsham.

Those not voting were Messrs.-

Arnheim, Ashley, Blacl,, Brown of Cherokee. Buchan, Cameron, Clay of Walton. Coggins, Cook, Gordon,

Gresham, Harris of Ua toosa. Henderson, Howard. Humphries of Brooks, Kennn. Kennedy. McCleskey. Nichol,, l_)a.ge,

PNkins, l{eid. l{ussell of Chatham, Shewmake, Smith of Gwinnett, t>tewart of Mitchell, Taylor, Vining. Way, Ml'. Speaker.

Yeas HR. Nays i7. Not voting :w.

So the motion to table was lost.

The motion to reeonsider was agreed to.

THURSDAY, AuGUST 25, 1887.

411

Mr. Duggan offered the following resolution, which was read, and, upon motion, tabled, to-wit:
Resolved, That hereafter no member shall speak more than ten minutes at one time without leave of the House.
Lrave of absence was granted to the following, members, to-wit: Messrs. Smith of Gwinnett, Clay of \Valton, Brown of Cherokee, Green of Madison, \Valker of Putnam, Coney, Johnson of Screven, Lanier, Hayes, Rountree, Stewart of Marion, and McMichael.
Leave of absence was granted to Mr. Smith, Messenger, for two days.
Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. Speake1 :
The Committee on Counties and County Matters have had under consideration the following bill, which I am instructed VJ report back, with the recommendation that it be refened to the General J udieiary Committee, to-wit:
A bill to define the terms of office of the Commissioners of Roads and Revenues 0f Johnson eounty.
Also, the following bill, which I am instructed to report back, with the recommendation that it be referred to the General Judiciaty Committee, to-wit:
A bill to provide for the election of county Bailiff..._. Respectfully submitted.
.f. M. TERRELL, Chairman.
Mr. Jones, chairman of the Committee on Roads and Bridges, submitted the following report :
~tlr. Speaker :
The Committee on Roads and Bridges have had under consideration the following Senate bill,which I am instructed to report back, with the recommendation that it do pass, tp-wit:

412

.TouRNAI, oF THE HousE.

A bill to provide for the manner of making public oontracts in Oconee and Clarke counties.
Respectfully submitted. P. W. JoNEs, Chairman.
Mr.. McLendon, chairman of the Committee on Penitentiary, submitted the following report:

M1. Speaker :

The nommittee on Penitentiary have had under considers tiun the following bill, which I am instructed to report back, with the tecommendation that the same do pass, by substitute, to-wit:

A bill to create an Advisory Board of Pardons ; provide for theit appointments; fix their compensation, and for other purposes.
Respectfully submitted. S. G. McLENDON, Chairman.

Mr. Tate, chairman of the Special ,Judiciary fJommittee, submitted the following report:

lr.b. Speaker :
The Speeial .Judiciary Committee have had under consideration the following bills, which I am instructed to report back, with the recommen,lation that the same do pass, to-wit :

A bill to amend the charter of the city of Macon; to provide for a Board of Registration of said city, and for other purposes.
Also, a bill to constitute the Judge of the City Court e.r-o.fficio Commissioner of Roads and Revenues.
Also, the following bill, which I am instructed to report back, with the recommendation that the same do pass by substitute, to- wit :

A bill to amend an act establishing a City Court in the

county of Bartow.

Re;;pectfully submitted.

F. C. TATE, Chairman..

THURSDAY, AUGUST 25, 1887.

413

Mr. Harrison, of Quitman, chairman of the Committee ~n Corporations, submitted the following report :

Jfr. Speaker: The Committee on Corporations have had under consid-
eration the following House bill, which I am instructed to report back to the House, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to incorporate the town of Tarver, in the county of Echols, and for other purposes. Proofs correct.
They have also had under consideration the following House bill, which they recommend do pass, as amended, to-wit:
A bill to incorporate the town of Sugar Valley, in the county of Gordon; to grant certain powet,.; and privilege,;, and for other purposes. Proofs correct.
They haw also had under consideration the following Senate bills, which they recommend do pass, to-wit :
A bill to incorporate the Commercial Express Company, and for other purposes.
Also, a bill to amend an act entitled an act to regulate the time for which the members of the City Council of Augusta shall hold office, and for other purposes.
Respectfully submitted. \V;\1. HARRISON, Chairman.
Mr. Duggan, chairman of the Committee on Emollment, submitted the following report :
.lfr. !Speaker :
The Committee on Enrollment report as duly emolled, and ready for the signature of the Speaker of the House, the following act, to-wit :
An act to create a sinking fund to pay off and retire bonds of the State aH they mature (in accordance with

414

.JouRNAL oF rHE Hom.;J<~.

article 7, section 14, paragraph I, of the Constitution of 1fl77) by authorizing the levy and collection of a tax therefor, and for other purposes.
Respectfully submitted.
[vy \V. Dt:<wAN, Chairman.

Mr. Gordon, chairman of the Committee on Finance, suhmith~d the following report:
!lfl-. Spcake1 :
The Committee on Finane<' have had under eonsideration the following bill, which I am instrncted to retur11 to the House, with the recommendation that it do pass, to-wit:
A bill to appropriate the sum of two hundnd dollar<; to pay Emmett Barnes for his services in reporting testimony.
Abo, the following Renate resolution, which they recommend do pass, to-wit:
A re:<olution for the relief of the Tax Collector of Talbot county.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to appropriate five thousand dollar,.; to the University of Georgia to complete the branch college at Dahlonega, and for other purposes.
Also, a bill authorizing the payment to R. E. Wilson, of balance due him f()r ':lerviees rendered in 1872 as clerk of the committee to investigate the conduct of the Auditing Board of the W e~tern and Atlantic Railroad Company.
Also, the following bill, which they recommend that the introdueer be allowed to withdraw, to-wit:
A bill to amend ~ection 18!1 of the Code, fixing the pay of members of the General Assembly.
Respectfully ,.;ubmitted. W?lr. W. GoRDON, Chairman.

THURSDAY, AuousT 25, 1887.

415

Mr. Berner, chairman of the Committee on Genrml J udiciary, submitted the following report:

.Mr. Spea.ker:
The General .Judiciary Committee have had under consideration the following bill, which they instruct me to report back to the Honse, with the recommendation t.hat it do pass, to-wit :
A bill to amend paragraph :2, section :2, of article 7, of the Constitution, so as to provide for exemption from taxation of all lands and buildings held and owned by any church organization for a parsonage.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to establish the City Court of Newnan. Also, the following bill, which they recommend do pass, by substitute, to-wit: A bill to make oral slander a misdemeanor.
Also, the following bill, which they recommend be referred to Committee on Finance, to-wit:
A bill to allow David Lovett, of Dodge county, to peddle without license.
Also, the following bi11s, which they recommend do not pass, to-wit:
A bill to amend section 4440 of the Code. Also, a bill to provide for the certiorari of cases m the Justices Courts when the amount involved is fifty dollars or less. Respectfully submitted.
RoH'T L. BERNER, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:
Mr. Speake1 :
The Committee on General Judiciary have had under

416

JouRNAL oF THE HousE.

consideration the followin~ bill, which they recommend be referred to the Committee on Finance, to-wit:
A hill to amend paragraph 1, section 9, of article 3 ot the Constitution, which telates to pay of members of the General Assembly.
Respectfully submitted. R. L. BERNER, Chairman.

Mr. Gordon moved to suspend the rules in order to take up House bill No. 77, and recommit to the Committe on Finance, which motiou did not prevail.
House bill No. 57 was taken up for a third reading, and, npon motion of i\fr. Calvin, the bill was tabled.
Upon motion, House bill No. 1:31 was recommitted to the General Judiciary Committee.
The following bill was read the third time. The substitute, as amended, was adopted in lieu of the urigi nal hi II.
Upon motion, the following bill was recommitted to the Committee on Manufactures, to-wit:
A bill to regulate the employment of labor, etc.
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 0, to-wit:
A bill to allow soldiers who have lost an arm or leg, to draw om,-third the amount they may be entitled to annually instead of once in three years.
The following bill was read the third'time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 103, nays 0, to-wit :
A bill to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of Pleasant Grove and Pleasant Hill Methodist Protestant church in the county of Jackson.

THURSDAY, AUGUST 25, 1887.

417

The followin~ bill was read the third time; the report of committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority; yeas 98, nays 0, to-wit:
A bill to prevent the robbing or destruction of the nests of mocking birds, of their eggs and young birds within the incorporate limits of the town of Madison, and for other purposes.
By unanimous consent, House bill No. 256 was taken from the table, and the same read the third time. The substitute proposed, was adopted in lieu of the original bill. The report of the committee which was favorable to the passage of the bill, was agreed to ; the proper proofs were exhibited, and the bill passed, by substitute, by the requisite constitutional majority; yeas 92, nays 12, to-wit:
A bill to adopt the provisions of the stock law in and for the 706 and 965 and 966 Districts, G. M., of Stewart county.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on General .Judiciary, to-wit:
By Mr. Hunt-
A. bill to authorize any municipal corporation in this State to establish a system of public schools within the corporate limits of the same, and to levy taxes for the support of said system.
By unanimous consent, House bill No. 392 was recommitted to the Committee on Finance.
The following bill was read the third time ; the report of the committee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill pas~>ed, as amended, by the requisite constitutional majority; yeas 93, nays 0, to-wit:
A bill to alter and amend the registration act for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, etc., approved October 3, 1885, so far as the same applies to the county of Oglethorpe, etc.
27

418

JouRNAL oF THE HousE.

Mr. Atkinson, chairman of the Committee on Internal Improvement, submitted the following report:
lrli'. Speaker:
The Committee on Internal Improvement have had under consideration the lollowing bills, which I am instructed to report back to the House, with .th~ recommendation that they do not pass, to-wit:
A bill to amend paragraph 1, section 6, article 7 of the Constitution of 1877, by striking from the second line of .said paragraph, as given in the appendix to the Code of 1882, the words" county" and" or," and by striking from the third line ot said paragraph ao. aforesaid the words "political division," and for other purposes.
Also, a hill to amend paragraph 2, section 6, article 7 of the Constitution of 1877, by striking from the second line of said paragraph, as given in the appenrlix to the Code of 1882, the word " not," and by striking from the third line of said paragraph as aforesaid the words "any purpose, except," and inserting in lieu of said last mentioned words, the words "the purpose of aiding works of inter-improvement and," and for other purposes.
Respectfully submitterL ATKINSON, Chairman.
The following bill wa>5 read the thitd time ; the report of the committee, which was favorable to the passage of the bill, was agreed to; and the bill passed by the requisite constitutional majority; yeas 98, nays 0, to-wit:
A bill to amend section :2138 of the Code of 1882.
The f(Jllowing bill was read the third time; the report of the committee was agreed to ; and the bill passed as amended by the requi>5ite eonstitutional majority; yeas 103, nays 0, to-wit :
A bill to incorporate the Thomaoville, Florida and Western Railway Company.
The House adjourned until to-morrow morning at 9 o'clock.

FRIDAY, AuGusT 26, 1887.

419

ATLANTA, GEORGIA,
Friday, August 26, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the
Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster, Calvin, Cameron, U11ndler, Chappell, Clay of Cobb, Coggins, Comer, Cook, rawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner,

Hart, Harrell of Decatur, Harrell of Wel>ster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins. Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff; Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalb, Johnson of Echols, Jones, Kennedy, Key, Kimbrough, Lamar, Little of Talbot, Lumsden, Madden,

Parker, Peeples, Perkins, Perry, Piekett, Pittman, Pre, ton, Ray, Rawls, Reid, Reilley, Reynolds, Rich. Rountree, Russell ot Clarke, Russell of Polk, Stmn1ons, Sirns, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of R0ckdale, Stewrnt of Marion, Stovall, Stri('kland, Tate, Taylor, Terrell, Thomas, Vaughn, Vickers, Walker of Floy<l.,

420

JouRNAL oF THE HousE.

Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Gresham, Griffith, Grindle, Hagan, Hale, Ham Hand,

Mathews,
~Iauney,
Mills, Mixon, Monroe, Morgan, 1\Ioye, McCord, McLane, McGhee,
~IcGarrity,
McLendon, McKibben, Newton, Norris. Olive,

Walker ot Putnam, Watts, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speakbr.

Those absent were Messrs.-

Adams of Elbert, Arnheim, Ashley, Brown of Cherokee, Buchan, Clay of Walton, Coney,

Greene of Madison, Humphries of Brooks, Johnson of Screven, Kenan, Lanier, McCleskey, McMichRel,

Nichols, Page, Russell of Chatham, Schofield, Shewmake, Veazey, Vining.

Mr. Lumsden, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

.llr. Speaker:
The Committee on Railroads, to which was referred the following bill, direct me to report the same back with the recommendation that it do pass, to-wit :
A bill to authorize the Georgia Electric Mound Improv~ ment Company to build branch lines of railroads.
The committee have also had under consideration the following bills, which I am directed to report back, with the recommendation that they do pass as amended to-wit:

FRIDAY, AuGUST 26, 1887.

421

House bill to incorporate the Alabama Midland Railway
Company. Also, Senate bill to amend au act to incorporate the
Atlantic, Birmingham and Great Western Railway Com-
pany. Respectfully submitted. THos. J. CHAPPELL, Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Shewmake, Weil, Schofield, Ham, Veazey, Page, Hunt, McCleskey (indefinite), Adams of Elbert, Howell, Grindle, Strickland, Ray, Griffith, Walker of Floyd, Gordon, McGarity, Mixon (indefinite), Gamble, Stovall, Worsham and Gardner.
Upon motion, 200 copies of House bill No. 146 were ordered printed for the use of the House.
Mr. Johnston, of Screven, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:
The Committee on Hygiene and Sanitation have had under consideration the following bill, which I am instructed to report back to the House with the recommendation that the same do pass, to-wit:
A bill to prevent and punish as a misdemeanor the disclosure by physicians and surgeons of professional secrets communicated to them by their patient or discovered by them on an examination.
They have also had under consideration the following bill, which they recommend do not pass, to-wit :
A bill for the protection of the traveling public against accidents caused by color blindness or other forms of defective vision.
Respectfully submitted. JoHNSON, of Scriven, Chairman.

422

JouRNAL OF THE HousE

. Mr. Calvin, chairman of the Committee on Education,. submits the following report :

Mr. Speaker:
The Committee' on Education have had under consideration House resolution No. 89, as follows:
Resolved, That so much of the report of the Board of Visitors to the Atlanta University as relates to the management o.t said Institution, contained in the Governor's message, together with his recommendations thereon, be and are hereby referred to the Committee on Education, who are hereby instructed to report by Lill or otherwise, such action as in their judgment is best calculated to accomplish the desired end, and in compliance therewith report:
1st. That, in its opinion, the co-education of white and colored persons in this State, is in direct conflict with the fundamental law and the long settled policy of the State of Georgia.
2d. That the purpose of the founders of the Atlanta University, as declared in its charter granted by Fulton Superior Court at the October term, 18H7, thereof, was "the establishment and management of an institution for the liberal and Christian education of youth."
3d. That white and colored children have been taught in the same classes and under the same rules at the Atlanta University for several years past; that while neither the Board of Trustees nor the Faculty, we are informed, have officially declared their intention as to their course on the question of co-education of the races therein, yet it is the avowed opinion and belief of such individual members of the Board of Trustees (including the Vice-President and Secretary thereof) and of the Faculty, as appeared before your committe~; that no person applying for admission into said university, will be refused admission. That while the Faculty do not desire or encourage the application of white persons for entrance, nevertheless, in the future as in the past, all such persons as do apply will be received and

FRIDAY, AUGUST 26, 1887.

423

matriculated as students and permitted to enjoy all the privileges of said institution.
4th. That under authority of an act of the General Assembly, approved March 3d, 1874, and under the sanction of Article 8, Section 6 qf the Constiution of 1877, an annual donation of $8,000 is made by the State to the Atlanta University, to be applied,-in our opinion, solely to the education of colored children. That said donation is in lieu of all suppositions or actual claims of the colored people of this State on what is known as the "land scrip fund," and having been so expressly declared, ought to be applied exclusively for their benefit.
In the opinion of your committee, the application of any portion of said donation, directly or indirectly, to the education of white persons, is a misapplication thereof, a diversion from the purposes for which it was intended by the State, and injustice to the colored children of the State.
The remedy proposed by your committee, is suggested in section 1 of the act of 1874, the proviso of which as follows, to-wit: "Provided, The Governor shall not draw his warrant for the said sum, until the Trustees of said institution shall have submitted a plan for the expenditure of said sum to a Boa1d of Commissioners, consisting of the Chancellor of the State University, and two members of the Faculty of the same to be selected by him, and until such plan, upon such modification as may be required by said Commissioners shall be approved by them or a majority of them, each year in writing and filed in the Executive office, and said Commissioners shall, at all times, have authority to exercise all power necessary to see that said fund is faithfully applied according to said plan of expenditure."
Your committee, therefore, recommend " as the action, which, in their judgment, is best calculated to accomplish the desired end" of securing the exclusive use of this appropriation for the education of colored children, the adoption of the following joint resolution :
Resolved by the House of Representatives, the Senate concurring, That, in the future, the Governu1 be directed not

424

JouRNAL oF THE HousE.

to draw his warrant for the annual appropriation of the sum of $8,000 to the Atlanta University, under the act of
March 3, 1874, until such a plan of expenditure as will
secure the exclusive use of the same for the education of colored children only, in accordance with the declared and settled policy of this State on the subject of co-education of the races, has been submitted and approved by the Commission constituted in said act for the supervision of said appropriation.
Resolved, further, That said Commission be instructed to ''see that said fund is faithfully applied according to said plan of expenditure," and in no other way.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
Mr. Calvin moved to take up the report of the Committee on Education for the purpose of adopting the resolution embodied therein, which motion was withdrawn.
Mr. Glenn moved that 200 1opies of the report of the committee and resolution be printed for the use of the House, which motion did not prevail.
Mr. Calvin renewed his motion to take up the report of the Committee on Education for the purpose of adopting the resolution embodied therein.
The motion prevailed and the resolution was adopted.
Mr. Harrison, of Quitman, 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 the same do pass, to-wit:
A bill to amend an act e;;tablishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, so as to provide that the Board of Water Commissioners of said city shall consist of

FRIDAY, AUGUST 26, 1887.

425

one member from each of the six wards of said city, and for other purposes. Proofs correct.
Respectfully submitted. WILLIAM HARRISON, Chairman.
Mr. Little, ex-officio chairman Committee on Rules, submitted the following report :

Mr. Speaker:
The Committee on Rules have had under consideration a resolution in relation to the adoption of amendments to bills by a constitutional majority, which resolution they recommend be recommitted to General Judiciary Committee.
Also, a resolution prohibiting introduction of new matter in the House after September 1st, which they recommend do pass by substitute.
Respectfully submitted. w~r. A. LITTLE, ex-officio Chairman.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker:
The Governor has approved and signed the following act of the General Assembly, to-wit:
An act to create a sinking fund to pay off and retire bonds of the State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877, by authorizing the levy and collection of a tax therefor, and for other purposes.
Upon the call of counties for the introduction of new matter, the following bills were introd\}ced, read the first time and referred to the Committee on Education, to-wit: By Mr. DuBose-
A bill to establish a system of public schools m the

426

JouRNAL oF THE HousE.

town of Washington, Ga. ; to provide for raising revenu.e. to maintain said schools, etc.
The following bills were introduced, read the first time, and referred to the Committee on Railroads, to-wit :
By Mr. Gordon-
A bill to amend the charter of the City and Suburban' Railway of Savannah, Ga.
By Mr. Felton, of Bibb-
A bill to incorporate the Metropolitan Street Railway Company of Macon, and to define its rights, powers and duties, etc. By Mr. Schofield-
A bill to incorporate the Macon Terminal Railroad Company, and to define its rights, powers and duties, etc.
By Mr. HaganA bill to ratify and confirm the Florida Midland and
Georgia Railroad Company's charter, obtained on 20th February, 1884, under the general law, etc.
By Mr. BernerA bill to incorporate the Chattahoochee Terminal Com-
pany, to define its powers, rights, etc. The following bills were introduced, read the first time,
and referred to the Committee on Corporations, to-wit:
By Mr. Brown, of HenryA bill to repeal an act incorporating the town of Ramp-
toll in the county of Henry; approved August 23, 1872, and the acts amendatory thereof, and to provide a new charter for said town, etc.
By Mr. BlackA bill to incorporate the Connasauga Canal and Manu-
facturing Company of Gordon county, Georgia, and for other purposes.

FRIDAY, AUGUST 26, 1887.

427

By Mr. HuffA bill to incorporate the Central Trust Company of
Georgia, and for other purposes.

The following bills were introduced, read the first time, and refen-ed to the Committee on Special Judiciary, to-wit:

By Mr. SimmonsA bill to repeal section 1455 of sections a, b, c, d, e, f, g,
h, i, of the Code, so far as relates to Sumter county.

By Mr. Harper-
A bill to allow the grand jurors of the several counties of this State, at the Spring term of the Superior Courts, to recommend compenbation for Justices of the Peace, Notaries Public, who are ex-officio Justices of the Peace, and constables acting in courts of inquiry, in insolvent cases, to provide for the collection of the same, and for other purposes.

By Mr. Williams, of Jackson-
A bill for the relief of Mrs. Louisa A. McElroy who resides near the county line of Jackson and Gwinnett counties; to refund to her certain State taxes wrongfully collected from her, etc.

By Mr. Foute-

A bill to authorize and require the registration oi all voters in the county of Bartow, and for other purposes.

By Mr. Williams of Jackson-

A bill to amend an act incorporating the town of Jug Tavern, so as to confer additional powers on the Mayor and Marshal of said town, and for other purposes.

The following bills and resolutions were introduced, read

the first time and referred to the Committee on Finance

to-wit:

'

By Mr. Olive-

A resolution providing for a suitable place for storing and preserving books, etc. belonging to the State.

428

JouRNAL OF THE HousE.

By Mr. Williams, of UpsonA bill for the reliet of Dinkey Brown, of Upson county,
etc.
By Mr. ComerA resolution to appropriate $100 to pay W. L. McCul-
lough for preserving aud returning certain public records and papers belonging to the State, etc.
By Mr. Williams, of JacksonA bill to create a lien in favor of physicians upon the
crops of tenants and croppers.
By Mr. Clay, of CobbA resolution to authorize the sale of lot of land, No. 749,
in the 17th District, and 2d section of Cobb county.
By Mr. HuffA resolution for the relief of the Home Provident Safety
Fund Association of New York.
The following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit:
By Mr. Adams, of El~rt-
A bill to amend section 1553 (a) of the Code of 1882.
The following hill was introduced, read the first time, and referred to the Committee on Temperance, to-wit:
By Mr. Johnson, of DeKalb-
A bill to prohibit the manufacture, sale, exchange, bartering or furnishing for a valuable consideration of spirituous, vineous, malt, or other intoxicating liquors, etc., in the county of DeKalb, and for other purposes.
By Mr. Little, of Talbot-
A resolution for the relief of S. W. Wall & Son, of Talbot county.
The following bills and resolutions were introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:

FRIDAY, AUGUST 26, 1887.

429

By Mr. BernerA. resolution to require surety on the bond of the Lessees,
and for other purposes.
By Mr. WilsonA. bill to amend section 1668 of the Code of 1882.
The following bills were introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit:
By Mr. HowardA. bill to provide compensation for all managers and
clerks of General and Special Elections held in McDuffie county, etc.
By Mr. BrayA. bill to provide for the appointment of a Board of
Examiners for engineers operating stationary engines or boilers under steam pressure for Fulton county, by the County Commissioners of said county, etc.
Under a suspension of rules, the resolution of Mr. Lumsden relating to the introduction of new matter after September 1 was taken up.
The Committee on Rules, to which this resolution was referred, recommended the adoption of the resolution by substitute, to-wit:
Resolved, That after Monday, September 5, the regular call of the counties for the introduction of new matter be dispensed with, and no new bill or resolntion intending to have the effect of law shall be received or read in the House except by a three-fourths vote of the House.
Mr. Clay, of Cobb, moved the adoption of the substitute in lieu of the original.
Upon the adoption of the substitute the previous question was called, which question was sustained, and the main question ordered.

430

JouRNAL OF THE HousE.

The yeas and nays were called for, which call was not sustain-Pd.
Upon the adoption of the substitute, the yeas were 46 and the nays were 61, so the substitute was not adopted.
1he original rPsolution offered by Mr. Lumsden was not adopted.
Under a suspension of the rules the following bill was read the third time; the report of the committe was agreed to, as amended ; the proper legal proofs were exhibited, and the bill past5ed, as amended, by the requisite constitutional majority; yeas 107, nays 0, to-wit:
A bill to amend the charter of the Georgia Loan and Trust Company, and for other purposes.
Mr. Kimbrough offered the following resolution, which was read, and, upon motion, tabled, to-wit:
A resolution concerning the Marietta and North Georgia Railroad Company invet:ltigation, etc.
l\Jr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

il1. 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 the Governor, the following acts, to-wit:
An act to create a sinking fund to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1, of the Constitution of 1877,) by authorizing the levy and collection of a tax therefor, and for other purposes.
Also, an act to amend an act entitled an act to incorporate the Capital City Land Improvement and Banking Company of Atlanta, Georgia ; approved December 20, 1886, for the purpose of changing its corporate name to the Capital City Bank.

lfRIDAY, AuausT 26, 1887.

431

Also, an act to incorporate the first State Bank of Dawson, Georgia:
Also, a resolution approving and confirming the settlement made by the Governor of the State's claim represented by bonds of the Asheville and Spartanburg Railroad.
Also, a resolution for relief of the Hartford Steam Boiler Inspection and Insurance Company.
Respectfully submitted. IvY W. DuGGAN, Chairman.

The following resolution was read and adopted, to-wit:
Resolved by the Ho-use of Representatives, the Senate concurring, That the special committee appointed from the Committees of both Houses of the General Assembly on the Lunatic Asylum to visit the same on Monday next be and are hereby authorized to administer oaths, to subpoena witnesses and compel their appearance before them, to take testimC!ny and employ a stenographer therefor at a cost not to exceed $10 per day, and total not to exceed the sum of $75, etc.
Mr. Perry offered the following resolution, which was read, and upon motion, tabled, to-wit:
Resolved, That the time for the adjournment of the Legislature be fixed at the lOth day of September, 1887.
The following Senate bills and resolutions were read the first time and appropriately referred, to-wit:
By Mr. Powell, chairman of Finance Committee-
A resolution authorizing the Governor to employ counsel to institute suit in the Court of Claims to recover the Peter Trezevant claim.
Referred to Committee on Finance.
By Mr. Lampkin, ot' the 29th Dist.-
A resolution for the relief of the Staunton Life Association of Virginia.
Referred to Committee on Finance.

JouRNAL OF THE HousE.
By Mr. Faver, of the 26th Dist.A bill to amend an act approved December 27, 1886,
to incorporate the Griffin, LaGrange and Western Railroad Company, etc.
Referred to Committee on Railroads.
By Mr. Smith, of the lOth DistrictA bill to amend section 508 (x) of the Code of 1882. Referred to Committee on General Judiciary.
By Mr. Brantly, of 3d DistrictA bill to regulate and control the inspection and sale of
naval stores, (tar, pitch, rosin and turpentine) in the State
. of Georgia; to provide penalties, etc. Referred to Committee on General Judiciarv.
By Mr. Dean, of 42d DistrictA bill to amend paragraph 1, of section 1676 of die Code
of 1882. Referred to Committee on General Judiciary.
By Mr. Pringle, of 20th DistrictA bi.ll to amend an act entitled an act, to authorize the
corporation of Sandersville to establish and maintain public schools, etc., approved September 8, 1881, so as to increase the matriculation fee, etc.
Referred to Committee on Education.
The following message was received from the Senate through Mr. \V. A. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has concurred in the following resolution of the House, to-wit:
A resolution authorizing the special committee appointed from the committees of both Houses of the General Assembly on the Lunatic Asylum to visit the same on Monday next ; to administer oaths, subpcena witnesses and to confer certain other powers of said committee, and I am instructed to transmit the same immediately.

FRIDAY, AUGUST 26, 1887.

433

The following Senate bills and resolutions were read the

second time, to-wit :



A resolution for the relief of the Tax Collector of Tal-
bot county. Also, a bill to amend an act to incorporate the Atlantic,
Birmingham and Great Western Western Railway Com-

pany. Also, a bill to provide for the registration of the legal
voters of Clinch county.

By unanimous consent the following House bill was read the second time, to-wit:

By Mr. Little, ot MuscogeeA hill to amend an act to incorporate the Columbus Rail-
road Company.

The followiug Senate bills and resolutions were read the second time, to-wit :

A bill to provide for the approval, custody and record of the bond of the County School Commissioners, and for the giving of a new or supplemental bond when necessary.
Also, a bill to incorporate the Commercial Express Company, and for other purposes.
Also, a bill defining a contract of fidelity insurance and to provide for incorporated fidelity insurance companies becoming sureties on bonds required by law, etc.

By unanimous consent, House bill No. 630 was taken up for a third reading. As the same provided for an appropriation, upon motion, the House went into a Committee of the Whole House. Mr. Tate called to the chair.

Mr. Tate, chairman of the Committee of the Whole House, submitted the following report :

M?. Speaker :
The Committee of the whole House have had under consideration House bill No. 630, which they instruct me to report back, with the recommendation that the same do pass.
28

434

JouRNAL oF THE HousE.

The following bill was read the third time, the report of the committee was agreed to, as the bill provided for an appropriation, it was neccessary that the vote should be taken by yeas and nays.

Upon the call of the roll the following IS the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Greene, Atkinson, Belt, Berner, Birch more, Blalock, Branch, Brown of Henry, Brewster, Candler, Chappell, Clay of Cobb,
Coggin~,
Crawford, Denney, DuBose, Durrance, Evans, Fagan, Felton of Bartow, Felton of }facon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Glenn, Gresham, Griffith, Grindle, Hagnn, Hale, Ham, Hand,

Hart, Harrell of Decatur, HarreII of Webster, Harrison of Franklin, Harper, Hnrris of Cntoosa, Harris of Columbia, Harvey, Hawkins, Henry, Henderson, Hill of .Meriwether, Holland, Howard, Hughes, Huff; Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Jones, Kimbrough, Lamar, Little of Talbot, Lumsden, 1\indden, Mathews, Mauney, Mills, Monroe, Morgan, Moye, McLane, McGhee, McGarrity,

McKibben, Newton, Olive, Peeples, Perry, Pickett, Preston, Ray, Rawls,Reynolds, Rich, Russell of Clarke, Russell of Polk, Schofield, Simmons, Sims, Smith of Gwinnett, Smith of Jefferson, Stevens, Stovall, Strickland, Tate, Terrell, Thomas, Vaughn, Vickers, Wntts, Watson, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson. Wilcox, Wilson, Worsham.

SATURDAY, AUGUST 27, 1887.

435

Those n<!t voting were Messrs.-

Adams of Elbert, Anrheim, Ashley, Bailey, Black, Brady, Bray, Brown of Cherokee, Buchan, Jalvin. Cameron, Clay of Walton, Comer, Coney, Cook, Darden, Dodgen, Duggan, Felton of Bibb, Gibson, Gordon, Green of Clay,

Greene of Madison, Harrison of Quitman, Hayes, Hill of Wilkes, Holleman, Howell, Humphries of Brooks, Hunt, Johnson of Screven, Kenan, Kennedy. Key, Lanier, Mixon, McCord, McLendon, McUleskey, McMichael, Nichols, Norris, Page, Parker,

Perkins, Pittman, Reid, Reilley, Rountree, Russell of Chatham, Shewmake, Smith of Crawford, Smith of Glynn, 8tewart of Mitchell, Stewart of Rockdale, 8tewart of Marion, Taylor, Veazey, Vining, Walker of Floyd, Walker vf Putnam, Way, Wei!, Whaley, Williams of Upson, Mr. Speaker.

Yeas 109. Nays 0. Not voting 66.
Having received the requisite constitutional majority, the bill passed, to-wit :
A bill to appropriate twenty-Reven dollars and eighteen cents for the payment of executive warrant .Xo. 57, issued in favor of Ja~. H. Warrell.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday, Augu~t 27, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

436

JouRNAL OF THE HousE.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Arnheim, Atkinson, Bailey, Belt. Berner, Birchmore, Black, Blalock, Brady, Brown of Henry, Brewster, Calvin, Candler, Chappell, Clay of Cobb, Uorner, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gibson, Glenn, Green of Clay, Gresham, Hagan, Hale.

Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Hawkins, Henry, Henderson, Hill uf Meriwether, Holland, Holleman, Howard, Howell, Hughes, Huff, Hukhison, Johnson of DeKalb, Johnson of Echols, Jones, Kennedy, Key, Kimbrough, Lamar, Little of Talbot, Lumsden. Madden, Manney, Mills, Monrue, Morgan, Moye, McLendon. Newton, Nichols, Olive,

Parker, Peeples, Perry, Pickett, Pittman, Preston. Rawls, Reid, Reilley, Reynolds, Rich, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Terrell, Thomas, Vaughn, Vickers, Watts, Way, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert,

Harvey,

Norris,

SATURDAY, AuGusT 27, 1887.

437

Adams of Greene, Ashley, Branch, Bray, Brown of Cherokee, Buchan, Cameron, Clay of Walton, Coggins, Coney, Evans, Fagan, Gamble, Gardner, Gordon, Greene of Madison, Griffith, Grindle, Harrison of Quitman.

Hayes, Hill of Wilkes, Humphries of Brooks, Humphries of Clinch, Hunt, Iler, Johnson of Screven, Kenan, Lanier, Mathews, Mixon, McCord, McLane, McGhee, McGarrity, McKibben, McCleskey, McMichael,

Page, Perkins, Ray, Rountree, Russell of Chatham, Stewart of Mitchell, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Veazey, Vining, Walker of .!<'loyd, Walker of Putnam, Watson, Wei!, Worsham.

Mr. Gibson, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit:

Messrs. Feagin, Holleman, Norris, Brown of Cherokee, Iler, Coggins, Branch, 'Natson, Evans, McCord, Mathews, Adams of Greene, Pickett, McGhee, Reynolds, McLain, Stewart of Rockdale, Smith of Crawford, Hunt, "Talker of Putnam, Fagan, Howard, Harris of Columbia, Humphries of Clinch, and Harrison of Quitman.

Mr. Glenn gave notice that he would at the proper time move to reconsider so much of the proceedings of the House on yesterday as relates to the adoption of the resolution reported by the Committee on Education.

Mr. Glenn moved to reconsider the action of the House on yesterday so far as relates to the adoption of the resolution reported from the Committee on Education, relating to the Atlanta University.

438

JouRNAL oF THE HousE.

Mr. Calvin moved to lay the motion to reconsider on the table.

Upon this motion, the yeas and nays were called for, which call was sustained.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Berner, Birch more. Blalock, Brady, Brown of Henry, Brewster, Calvin, Candler, Chappell, Clay of Cobb, Darden, Denney, DuBose, Duggan, Durrance, Felton of Bibb, Felton of Macon, Featherston, Fordham, Franklin of Thomas, Gresham, Ham,

Hand, Hart, Harrell of Webster, Harrison of Franklin, Harper. Harris ot Columbia, Hawkins, Holland, Howell, Hutchison, Johnon of DeKalb, Lamar, Little of Talbot, Lumsden, Madden, Mauney,
~'fills, ~1cKibben,
Nichols. Parker, Peeples, Pittman,

Preston, Rawls, Reid, Reilley, Reynolds, Rich. Russell of Clarke, Russell of Polk, Simmons, Sims, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Tate, Terrell, Vaughn, West, Whelchel, Williams of Harris, Williams of Jackson.

Those voting in the negative were Messrs.-

Atkinson, Belt, Comer, Cook, Crawford, Felton of Bartow, Fortner, Foute, Franklin of Fannin, Gibson, Glenn, Green of Clay,

Harrell of Decatur, Harris of Catoosa, Henry, Henderson, Hill of Meriwether, Howard, Hughes, Huff, Johnson of Echols, Jones, Key, Monroe,

McLendon, Newton, Olive, Perry, Pickett, Schofield, Shewmake, Thomas, Vickers, Way, Wheeler, Williams of Up1on,

SATURDAY, Auaus'I 27, 1887.

439

Hagan, Hale,

Morgan, Moye,

Wilcox, Wilson.

Those not voting were Messrs.-

Adams of Elbert. Adams of Greene, Arnheim Ashley, Bailey, Black, Branch, Bray, Brown of Cherokee, Buchan, Cameron, Clay of Walton, Coggins, Coney, Dodgen, Evans, Fagan, Gamble, Gardner, Gordon, Greene of Madison, Griffith, Grindle,

Harrison of Quitman, Norris,

Harvey,

Page,

Hayes,

Perkins,

Hill of Wilkes,

Ray,

Holleman,

Rountree,

Humphries of Brooks, Rusself of Chatham,

Hurr.phries of Clinch, Smith of Glynn,

Hunt,

Stewart of Mitchell,

Iler,

Stewart of Marion,

J ohnsoL of Screven, ::-ltovall,

Kenan,

::-ltrickland,

Kennedy,

Taylor,

Kimbrough,

Veazey,

Lanier,

V ming,

Mathews,

Walker of }'loyd,

Mixon.

Walker of Putnam,

McCord,

Watts,

McLane,

Watson,

McGhee,

Weil,

McGarrity,

Whaley,

McCleskey,

Worsham,

McMichael,

Mr. Speaker.

Yeas, 66. Nays, 42. Not voting, 67.

So the motion to reconsider was tabled.

Leave of absence was granted to the Special Committee appointed to investigate matters pertaining to the Western and Atlantic railroad from the morning session.

The following resolution was offered by Mr. Candler, which was read and adopted, as amended, to-wit:

Resolved, That it is the sense of the General Assembly of Georgia, that an annual appropriation of at least $8,000, or such other amount as may be necessary for the higher education of the colored people of this State, exclusively, should be continued perpetually to some institution of this State for such purposes.

440

JouRNAL oF THE HousE.

Leave of absence was granted to the Committee on Penitentiary for a few moments from the morning session.
Mr. Felton of Bartow, chairman pro tem. of the Com-
mittee on Temperance, submitted the following report:

Mr. Speaker:

The Committee on Temperance have had under consider-

ation House bill No. 873, being a bill to be entitled an act

to amend an act entitled an act to prohibit the sale of

spirituous, vinous, malt and other intoxicating liquors in

the county of Coweta, and to provide a penalty for the

violation of the same, and for other purposes, approved

September 8, 1883, so as to fix and limit the terms of

licensed sellers appointed by the Ordinary, to authorize

their clerks, to give to the Commissioners of Roads and

Revenue certain powers, and for other purposes, which

they direct me to report back to the House with the recom-

mendation that the same do pass.

Respectfully submitted.

.

W. H. FELTON, Chairman protem.

Mr. McLendon, chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker :
The Committee on Penitentiary has had under consideration the following bill, which I am instructed to report back, with the recommendation the same do pass by substitute, to-wit :
A bill to amend section 4698 of the Code of Georgia. Respectfully submitted.
S. G. McLENDON, Chairman.

Mr. Hawkins, chairman on Printing, submitted the following report :

Mr. Speaker : The Committee on Printing, have had under considera-

SATURDAY, AUGUST 27, 1887.

441

tion the fellowing bills, and return them with the recommendation that they do pass, to-wit :
A bill to be entitled an act to amend an act to prescribe tile ma~ner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, pamgraph 1, of the Constitution, approved August 23, 1879, and for other purposes.
Also, a bill to be entitled an act to amend section 3704 (a) of the Code of 1882, and for other purposes.
Respectfully submitted. S. W. HAWKINS, Chairman.
Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report :

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to prevent the running at large of horses, mules, cattle, sheep, goats and swine, in Crawford county, north of the old wire road running from Macon through Knoxville to Columbus, and for other purposes.
Also, a bill to better protect the lands and farming interest of 768th Militia District, known as Panhandle District, Taylor county, Ga., and for other purposes.
Respectfully submitted. W. H. FELTON, Chairman.

Mr. Gordon, chairman of the Committee on Finance, submitted the following report :
.Mr. Speaker :
The Committee on Finance have had under consideration the following resolution, which I am instructed to return to the House, with the recommendation that it do pass, to-wit:

442

JouRNAL OF THE HousE.

A resolution directing the Treasurer to refund to Mrs. J.
H. Meador $21.45 excess over tax and costs covered into the treasury and arising from sale of wild land lot No. 194, 7th district, 5th section, originally Carroll, now Haralson county.
Also, the following resolution, which I am instructed to return to the House, with the recommendation that it do not pass, to-wit :
A resolution for the relief of J. T. Carmichael, of the county of Coweta.
Also, the following Senate resolution, to-wit:
A resolution providing for the appointment of a Joint Committee to visit Milledgeville and take into consideration the advisability of selling the old penitentiary lot, etc.
Also, the following bill, which they instruct me to return to the House with the recommendation that the introducer be allowed to withdraw, to-wit:
A bill for the relief of Dinkey Brown, of the county of Upson.
Respectfully submitted. W. W. GoRDON, Chairman.
Mr. Russell, of Clarke, chairman of the Committee on Banks, submitted the following report:

Mr. Sptaker:
The Committee on Banks has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass as amended, to-wit:
A bill to incorporate the Hartwell Loan and Savings Bank, and for other purposes.
Also, a bill to incorporate the Progress Loan Improvement and Manufacturing Company.
Also, the following bills, which I am instructed to report back, with the recommendation that they be read the second time and recommitted.

. SATURDAY, AuGUST 27, 1887.

443

A bill to estahlish a system of laws for the establishment and government of Savings Banks.
Also, a bill to amend an act to incorporate the Bank of

Thomasville. Also, a bill to amend an act to incorporate the Athens

Savings Bank. Also, the following Senate bill, which I am instructed to
report back, with the recommendation that the same do
pass, to-wit:

A bill to incorporate the Buena Vesta Loan and Savings

Bank. Respectfully submitted.

R. B. RusSELL, Chairman.

By unanimous consent the following bill was introduced, read the first time and referred to the Special Judiciary Committee, to-wit :
By Mr. Harper-
A bill to amend the second section of an act incorporating the town of Villa Rica, in Carroll county, Georgia, approved September 13, 1883, RO as to incorporate the cemetery on the west side of said town.
Upon motion, the order of business was changed and House bills favorably reported, were read a second time.
The following House bills and resolutions were read the second time, to-wit :
A bill to provide for establishing the line between Georgia and Tennessee.
Also, a bill to amend an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, etc.
Also, a reRolution directing the treasurer to refund to Mrs. J. H. Meador $21.45 excess in tax and cost covered into treasury and arising from sale of wild land lot No. 194, 7th district, 5th section, originally Carroll now Haralson county.

444

JouRNAL OF THE HoUBE.

Also, a bill to amend paragraph 7, section 7, article 3, etc., of the Constitution of Georgia, etc.
Also, a bill to repeal an act entitled an act to establish a board of commissioners of Paulding county.
Also, a bill to incorporate the Macon and Alabama Rail-
road Company, etc.. Also, a bill to amend section 3704 (a) of the Code of
1882. Also, a bill to define the offense of blackmail, etc. Also, a bill to exempt from municipal taxation two hun-
dred and sixty acres of farming land lying within the corporate limits of the city of West Point, which was by unanimous consent withdrawn.
Also, a bi 11 to repeal sections 742 and 743 of the Code of Georgia, etc.
1\.lso, a bill to create a Board of Pardons to investigate applications for reprieves or pardons, commutations and suspensions of sentences of convicts, etc.
Also, a bill to provide for the amendment of affidavits to foreclose liens, etc.
Also, a hill to prohibit county officers and attorneys at law from being jury commissiontrs in this State.
Abo, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, etc.
Also, a bill to require defendants in ejectment cases, to withdraw affidavits of forgery in ejectment cases in all cases, when it shall appear that said deed or deeds have been lost in the p()ssession of the defendant or his counsel.
Also, a bill to establish the City Court of Newnan, and for other purposes.
Also, a bill to make oral slander a misdemeanor, tJ provide punishment, etc.
Also, n bill to authorize and empower the Trustees ot the Second Presbyterian Church, Columbus, Ga., to sell and convey the title to certain lots of land held by them for church purposes, etc.
Also, a bill to prescribe the time within which tax ft. faa.
may be enforced, etc.

SATURDAY, AUGUST 27, 1887.

445

Also, a bill to prohibit any person from dealing in futures or keeping any house, commonly called a produce exchange or bucket shop, etc.
Also, a bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, etc.
Also, a bill to amend paragraph 2, section 2, of article 7, of the Constitution of Georgia, Code of 1882, section 5182,
etc. Also, a bill to extend the corporate limits of the city of
Atlanta over Piedmont Park for police purposes. Also, a bill to provide for the appointment and commis-
sioning of a surgeon for each light battery of artillery of volunteers, etc.
Also, a bill to cede to the United States nf America exclusive jurisdiction over land in the city of Savannah.
Also, a bill to make it unlawful for any itinerant trader or }leddler to vend, sell or expose for sale, goods, wares, etc., upon the land of any person against the consent of the owner of such land, etc.
Also, a bill to incorporate the Ore Belt Railroad Company, etc.
Also, a bill to amend an act to create a Board of Road and Revenues for the county of Houston, etc.
Also, a bill to amend an act to incorporate the Van Wert Quarrying and Mining Company, approved DecefDber 18, 1886.
Also, a bill to amend an act entitled an act to amend an act, approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuef county, etc.
Mr. McLendon, chairman of the Committee on Penitf'ntiary, submitted the following report:

Jlr. Speaker:
As chairman of the Committee on Penitentiary I am
directed to submit to the House the accompanying re~ort of
the sub-committee from the Penitentiary Committee appointed under resolution of the House, together with the

446

JouRNAL OF THE HousE.

evidence taken by that committee and the printed and written documents referred to in said sub-committee's report.

I am also directed to submit the following resolution,

to-wit:



Resolved, That three hundred copies of this report and accompanying documents be printed for the use of the House, and that the same be printed in such type as may enable the printer to deliver the same at the earliest day; and that thf;! same be printed in the following order to-wit:

1st. Resolution of the House calling on the Governor for information.
2d. Governor's message in response thereto. 3rd. Resolution of the House authorizing the appointment of a sub-committee from the Committee on Penitentiary. 4th. Synopsis giving history of lease contracts up to the present lease. 5th. Governor's letter authorizing inspection of camps by sub-committee. 6th. Testimony taken before sub-committee.
Exhibits as follows:
1st. Original contract and bond of Penitentiary Companies Nos. 1, 2 and 3.
2d. Grant's contract of sale with Brown and others. 3rd. Solicitor General's list of escape suits entered. 4th. Gross income and net income from all leases from 1872 to 1886. 5th. Reports of Principal Physician. 6th. Order abolishing Dougherty county camp. 7th. Report of Mr. Schofield on Smith's camp, Oglethorpe county. 8th. Letter of W. H. Harrison, relative to Executive orders. 9th. Open letter of Judge W m. M. Reese, author of present lease act. lOth. Letter of E. T. Shubrick, Assistant Keeper.

SATURDAY, AUGUST 27, 1887.

447

11th. Letters of W. 0. Reese. 12th. Letter of Turner on Jails. 13th. Letter of George T. Jackson. 14th. Report of Hon. W. A. Huff, chairman sub-committee, to chairman Committee on Penitentiary. Respectfully submitted.
S. G. McLENDON, Chairman.

Upon motion of Mr. McLendon, 300 copies of the report ofthe Committee on Penitentiary and accompanying documents were ordered printed for the use of the House.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, as amended; proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 92, nays 0, to-wit:
A bill to amend an act to incorporate the Columbus Railroad Company.
The following bills and resolutions were read the second time, to-wit:
A bill to incorporate the Augusta, Thomasville and Gulf Railroad Company, etc.
Also, a bill to amend the Atlanta and Hawkinsville Railroad Company, to change the name thereof, etc.
Also, a bill to p1event fishing, hunting, or otherwise trespassing on the lands of another in the county of Washington after being notified by the owner, agent, or lessee, to keep off the same, etc.
Also, a bill to authorize and empower M. A. Hardin to close up all private ways and roads upon his farm in the 17th district, 3d section of Bartow county, Georgia.
Also, a bill to prohibit the sale of spirituous, malt and other intoxicating liquors within four miles of Mt. Zion Colored Methodist Church, in the lOth District, Meriwether county, etc.
Also, a bill to authorize and empower the city of Fort Gaines to purchase or build a bridge across the Chattahoo-

44R

JoURNAL oF THE HousE.

chee River at Fort Gaines, Georgia ; to issue bonds to the amount of $10,000 for the payment of sa.id bridge, etc.
Also, a bill to amend an act to incorporate the Bank of Thomasville in this State, approved March 3, 1875, etc.
Also, a bill to amend the charter of the town of Fort Valley.
Also, a bill abolishing the County Court in Glynn county, etc.
Also, a bill to amend section 9 of an act entitled an act to amend the charter of the city .of Dalton, approved Octoher 5, 1885.
Also, a hill to amend the charter of the city of Dalton. Also, a bill to authorize the Mayor and Council of the city of Dalton to operate and manage water works in said city. Also, a bill to require all persons purchasing cotton in the seed and lint, corn, wheat, oats, rice and other products, to keep a record of the same ; to provide a penalty for failure t0 do so, etc. Also, a bill to amend the charter of the Commercial Bank of Augusta. Also, a bill to amend an act entitled an act to incorporate the town of Belton in the counties of Hall and Banks, etc. Also, a bill to amend the existing charters of the town of Adairsville, in Bartow county, etc. Also, a bill to amend section 4698 of the Code of Georgia.
Also, a bill to amend an act to incorporate the Athens Savings Bank, approved October 19, 188Fi, by inserting a new section thereto, etc.
Also, a bill to change the time of holding Superior Court in Burke county.
Mr. Russell, of Clarke, moved that the House do now adjourn.
Upon taking the vote it was ascertained that no quorum was presEnt.

MoNDAY, AuGusT 29, 1887.

449

A demand was made that the roll of the House be called.
Upon the call of the roll a quorum was found to be present.
The motion to adjourn was withdrawn. The following bill was read the second time, to-wit :
A bill to incorporate the Carrollton, Marietta and Western Railway Company, etc.
The hour of adjournment having arrived, the House adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, August 29, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, pro tem., and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Ashley, Atkinson, Bailey, Berner, Black, Blalock, Brady, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Cameron, Candler, Chappell. Clay of Cobb, Clay of Walton, Comer, Coney,
29

Green of Madison, Gresham, Hagan, Hale, Ham, Hand, Hart, Harre11 of De0atur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henry, Henderson. Holland,

Newton, Nichols. Olive, Parker, Peeples, Perkins, Perry, Preston, Rawls, Reid, Rei11ey, Rich, Russell of Chatham, Russell of Clarke, Russell of Polk, 8chofield, Shewmake, Simmons,

450

JouRNAL oF THE HousE.

Cook. Crawford, Darden, Denny, Dodgen, DuBose, Duggan, Durrance, Evans. Fagan, Felton of Bartow, Felton of Bibb, Felton of .Macon, .Featherston, Fortner, Fordham, J:i,oute,
Franklin of Fannin, Franklin of Thomas, Gardner, Gibson, Gordon, Glenn, Green of Clay,

Howard,

Sims,

Howell,

Smith of Crawford,

Hughes,

Smith of Gwinnett,

Huff;

Smith ot Jefferson,

Humphries of Clinch, .Stevens,

Hutchison,

Stricklar:~l

Johnson of DeKalb, Johnson of Echols, Jones, Key, Kimbrough, Lamar, Little of Talbot,

Tate, Taylor, Terrell, Thomas, Vaughn, Vickers, Watts,

Lumsden, Matthews, .Mauney. }fills, Mixon, Monroe, 1\forgan, McCord, McGarrity, }fcLendon,

Watson, Way, Wei!, West, Whaley, Wheeler, Williams of Harris, Williams of Jackson, Wilcox, Wilson,

McKibben,

'Vorsharn.

Those absent were MeHsrs.-

Adams of Elbert, Adams of Greene, Arnheim, Belt, Birch more, Branch, Bray, Calvin, Coggins, Gamble, Griffith, Grindle, Harrison of Quitman, Harris of Columbia, Hill of Meriwether, Hill of Wilkes, Holleman,

Humphries of Brooks, Pittman,

Hunt,

Ray,

Iler,

Reynolds,

Johnson of Screven, Rountree,

Kenan,

Smith of Glynn,

Kennedy,

Stewart of Mitchell,

Lanier,

Stewart of Rockdale,

Madden,

Stewart of Marion,

}1oye,

Stovall,

McLane,

Veazey,

McGhee,

Vining,

McCleskey,

Walker of Floyd,

.McMicha<Jl,

Walker of Putnam,

Norris,

Whelchel,

Page,

Williams of Upson,

Pickett,

Mr. Speaker.

Mr. Lumsden, of the Committee on Journals, reported

that the Journal ofSaturday's proceedings had been exam-

ined and found correct.

MoNDAY, AuGUST 29, 1887.

451

The Journal was then read and approved.
Leave of absence was granted to the following members, to-wit: Messrs. Williams of Upson, Reynolds, Smtth of Glynn, Whelchel, Moye, Little of Muscogee, West, Belt, Key, Madden, Birchmore and Calvin.
Upon motion of Mr. Wheeler, the order of business was changed, and the roll of counties was dispensed with.
Under a suspension of the rules, the following bills and resolutions were introduced, read the first time and appropriately referred, to-wit :

By Mr. Harrell, of Decatur-
A resolution authorizing and directing the Governor and Treasurer of the Stat~ to sell certain property belonging to the State.
Referred to Committee on Finance.

By Mr. Kimbrough-
A bill to prevent the running at large in Lee county, Georgia, of all horses, mules, cattle, sheep, goats and swiue, to provide penalties for its violation, etc.
Referred to Committee on Special Judiciary.

By Mr. Hand, of Miller-
A resolution to relieve J. J. Kirkland of penalty, etc. Referred to Committf'e on Finance.

By Mr. Lamar-

A bill to allow pay to jurors or comnnsswners sworn m cases of lunatics, idiots, insane persons and epileptics.
Referred to Committee on Counties and County Matters.
By Mr. La~ar-

A bill to prohibit the discharge of fire-arms on or near any public roads, and to prescribe penalty, etc.
Referred to Committee on General Judiciary.

452

JouRNAL oF THE HousE.

By Mr. Kimbrough-
A bill to ratif:V and confirm and amend the charter of the town of Chookee, Lee county, Ga.
Referred to Committee on Corporations.
By Mr. Simmons-
A bill to amend the charter of Americus, Ga., and for other purposes.
Referred to Committee on Corporations.
By Mr. McLendon-
A bill to purchase the files of the Milledgeville Southern Recorder.
Referred to Committee on Finance.
By Mr. Howell-
A bill to amend section 2563 ot the Code. Referred to Committee on General Judiciary.
By unanimous consent House bill No. 857 was recommitted to Committee on Finance.
The following Senate bills were read the second time, to-wit :
A bill to incorporate the Buena Vista Loan & Savings Bank, etc.
Also, a bill to prohibit the sale of any spirituous or malt liquors within three miles of the Lula Methodist Church, in Hall county, of this State, etc.
Also, a bill to provide for manner of making public contracts in Oconee and Clarke counties.
Als.,, a bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenue for the county of Oconee, etc.
Also, a bill ceding to the Uuited States the jurisdiction of this State over such land in the city of Augusta as it may acquire title to for the purpose of erecting a public building.
Also, a bill to amend an act entitled an act to regulate

MoNDAY, AuousT 29, 1887.

453

the time for which the members of the City Council of Augusta shall hold office, etc.
By unanimous consent the following bill was taken up, and the Senate amendments thereto were concurred m, to-wit:
By Mr. LamarA bill to authorize Manufacturing and Mining Compa-
nies to become incorporated as Savings Banks, etc.
The following resolution was taken up for a third reading, to-wit:
A resolution to refund to Mrs. S. H. Meador $21.45, over taxes paid.
As the same provided for an appropriation the House went into a Committee of the Whole House. Mr. Simmons in the chair.
Mr. Simmons, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration House resolution No. 150, which they instruct me to report back, with the recommendation that it do pass.
The following resolution was then read the third time; the report of the committee was agreed to; as the resolution provided for an appropriation, it was necessary that the vote should be taken by yeas and nays.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Ashley, Berner, Blalock, Brady, Brown of Henry, Brown of Cherokee,

Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin,

Nichols, Olive, Parker, Peeples, Perkins, Perry,

454

JouRNAL OF THE HousE.

Brewster, Buchan, Cameron, Candler, Chappell, Comer, Cvok, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson, Gordon, Glenn, Greene of Clay, Hagan, Hale,

Harper, Harris of Catoosa, Harvey, Hawkins, Henderson, Holland, Howell, Hughes, Huff, Humphries of Clinch, Hutchison, Johnson of DeKalb, Johnson of Echols, Jones, Kimbrough, Lamar, Little of Talbot, Lumsden, Mathews, Mauney, Mills, Mixon, Morgan, McCord, McGarrity, McLendon, McKibben, Newton,

Preston, Rawls, Reid, Reilley, Rich, Russell of Chatham, Russell of Clarke, Russell of Polk, Schotiel.d, Shewmake, Simmons, Sims, 8mith of Gwinnett, Smith of Jefferson, Stevens, Terreii, Thomas, Vaugh11, Vickers, Watts, Watson. Way, Whaley, Wheeler, Williams of Harris, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Birch more, Black, Branch, Bray, Calvin, Clay of Cobb, Clay of Walton, Coggins, Coney, Fagan,

Harris of Columbia, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Humphries of Brooks, Hunt, Iler, .Johnson of Screven, Kenan, Kennedy, Key, Lanier, .\1 adden,

Pickett, Pittman, Ray, Reynolds, Rountree, Smith of Crawford, Smith of Glynn, Stewart of Mitcl1ell, Stewart of Rockdale, Stewart of Marion, 8tovall, Strickland, Tate, Taylor, Veazey, Vining,

MoNDAY, AuGusT, 29, 1887.

455

Felton of Bartow, Fouta, Gamble, Greene of Madison, Gresham, Griffith, Grindle, Harrison of Quitman,

Monroe, Moye, JHcLane, McGhee, McUleskey, McMichael, Norris, Page,

Walker of Floyd, Walker of Putnam, Weil, West, Whelchel, Williams of Jackson, Williams of Upson, Mr. Speaker.

Yeas 103. Nays 0. Not voting 72.

Having received the requisite constitutional majority the resolution passed, to-wit:

A resolution directing the Treasurer to refund to Mrs. S. H. Meador $21.45 excess over tax and costs, covered into treasury and arising from sale of wild land lot No. 194, 7th district, 5th section, originally C11.rroll, now Haralson county.
Upon motion of Mr. Kimbrough, resolution No. 167, was taken from the table.

Upon motion the resolution was tabled.

The following bill was read the third time; the report of the committee agreed to, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:

A bill to amend an act to prescribe the manner, terms and specifications for letting the Public Printing to the lowest bidder in accordance with article 7, section 17, paragraph 1, of the Constitution, approved August 23, 1879, etc.

The following bill was read the third time; the report of the committee was agreed to; the propPr legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:

A bill to require and provide for the registration of all voters in the county of Ware and to provide for carrying the same into effect, etc.

The following bill was read the third time ; the report of the committee was agreed to ; the proper lPgal proofs were

456

JouRNAL OF THE HousE.

exhibited, and the bill passed by the requisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to make it illegal to fish with seins in the Alapaha river and its tributaries.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker :
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House of Representatives and President of the Senate, anrl delivered to his Excellency, the Governor, the following act, to-wit:
An act to amend an act to incorporate the Rome and Carrollton Railroad Company.
Respectfully submitterl. IvY W. DuGGAN, Chairman.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary, thereof:

11'11'. Speaker :
The Senate has passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to repeal an act entitled an act to create a Board of Commissioners of Roads and Revenues in the county of Polk, etc.; passed by the requisite constitutional majority; yeas 28, nays 0.
Also, a bill to amend an act incorporating the Darien Short Line Railroad Company, so as to allow an increase of its capital stock; paRsed by the requisite constitutional majority; yeas 31, nays 0.
Also, a bill to be entitled an act to prevent the spreading of hydrophobia in this State; passed by the requisite constitutional majority; yeas 31, nays 0.
The Senate has also passed the following Senate resolution by the requisite constitutional majority, to-wit:

MoNDAY, AuGusT 29, 1887.

457

A resolution memorializing Congress to make disposition of the surplus now in the Treasury of the United States and likely to accumulate by distributing the same among the States for the support of common schools, and for other purpQses.
The Senate has also passed the following bill of the House, by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend an act to incorporate the Rome and Carrollton Railroad Company, approved August 30, 1881, and for other purposes.
The following message was received from His Excellency the Governor, through Mr. W. H. Harrison, clerk of the Executive Department :

Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to incorporate the First State Bank of Dawson, Ga.
Also, an act to amend an act entitled an act to incorporate the Capitol City Land Improvement and Banking Company, of Atlanta, Ga., approved December 20, 1886, for the purpose of changing its corporate name to the Capitol City Bank.
Also, a resolution for the relief of The Hartford Steam Boiler Inspection and Insurance Company.
Upon motion of Mr. Glenn, the regular order of business was changed, and Local and Special bills were taken up for a third reading.
House bill No. 314, was taken up for a third reading, as ~he same provided for an appropriation, the House went Into a committee of the Whole House, Mr. Schofield in the chair.
Mr. Schofield, chairman of the Committee of the Whole House, submitted the following report:

458

JouRNAL OF THE HousE.

Mr. Speaker:

The Committee of the Whole House have had under consideration House bill No. 314, which they instruct me to report back, with the recommendation that the same do pass, as amended.

The following bill was then read the third time ; the report of the committee agreed to ; as the bill provided for an appropriation it was necessary that the vote should be taken by yeas and nays.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Ashley, Atkinson, Bailey, Blalock, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Cameron, Candler, Chappell, Comer, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Felton of Macon, Featherston, Fortner, Fordham, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson, Gordon, Glenn,

Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hawkins, Henry, Henderson, Holland, Howell, Hughes, Huff, Humphries of Clinch, Hutchison, Johnson of DeKalb, Johnson of Echols, Jones, Kimbrough, Lamar, Mathews, Mauney, 1\Iills, Mixon, )fonroe, 1\Iorgan, McCord, McGarrity,

Nichols, Olive, Parker, Peeples, .Perkins, Perry, Preston, Rawls, Reid, Reilley, Rich, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Smith of Gwinnett, Smith of Jefferson, Stevens, Terrell, Thomas, Vaughn, Vickers, watts, Watson, Wheeler, Williams of Harris, Williams of Jackson, Wilcox,

MoNDAY, AUGUST 29, 1887.

459

Green of Clay, Hagan, Hale,

McKibben, Newton,

Wilson, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Belt, BernAr, Birch more, Black, Brady, Branch, Bray, Calvin. Clay of Cobb, Clay of Walton, Coggins, Coney, Cook, Fagan, Felton of Bartow, Felton of Bibb, Foute, Gamble, Greene of Madison, Gresham, Griffith, Grindle, Harrison of Quitman,

Harris of Columbia, Harvey, Hayes, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Humphries of Brooks, Hunt, Iler, Johnson of Screven, Kenan, Kennedy, Key, Lanier, Little of Talbot, Lumsden, Madden, Mo.vf', McLane, McGhee, McLendon, McCleskey. McMichael, Norris, Page,

Pickett, Pittman, Ray, Reynolds, Rountree, S1ms, Smith of Crawford, Smith of Glynn, Stewart of ~Mitchell, Stewart of Rockdale, Stewart of ~Marion, Stovall, Strickland, Tate, Taylor, Veazey, Vining, Walker of Floyd, Walker of Putnam, Way, Weil, West, Whaley, Whelchel, Williams of Upson, Mr. Speaker.

Yeas, 97. Nays, 0. Not voting, 78.

Having received the requisite constitutional majority, the bill passed as amended, to-wit :

A bill to make an appropriation to pay Chas. S. McCall, of Wilcox county, Georgia, for an artificial leg, under an act, approved December 4, 1866.

Mr. Hawkins moved the suspension of the rules that House bill No. 525, might be taken up and put upon its passage.
Upon this question no quorum voted.

460

JouRNAL OF THE HousE.

The Speaker caused the roll to be called to ascertain if a quorum was present.
Upon the call of the roll a quorum was found to be present.
The following message was received from His Ex91lllency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

M1. Spwker:
I am directed by His Excellency, the Governor, to deliver to the House of Representatives a communication in writing.

EXECUTIVE DEPARTMENT, ATLANTA, GA., August 29, 1887.

To the General Aseembly :

It becomes my painful duty to announce to the General

Assembly the death of Hon. Samuel Hall, Associate

Justice of the Supreme Court uf this State, which occurred at Mt. Airy on the ~7th of the present month.

Georgia will long lament the loss of this devoted and

worthy son, and will proudly reckon among her treasures

the memory of his blameless private life and eminent public

service.

J. B. GoRDON.

Mr. Huff offered the following resolution, which was read and adopted, to-wit:

'VHEREAS, The General Assembly has received with profound sorrow the official notification of the neath of Hon. Samuel Hall, an AssociatP Justice of the Supreme Court of Georgia; and
WHEREAS, It is proper that the General Assembly should pay some tribute of respect to the memory of the deceased as a member of a co-ordinate branch of the Government.
Therefore, resoltJed, By the House, the Senate concurring, that the General Assembly, as a mark of respect to the

MoNDAY, AuGusT 29, 1887.

461

memory of the distinguished dead, do adjourn to-day at 12:30 p.m.
Resolved, further, As an additional mark of respect, that a committee of three from the Senate and seven from the House be appointed to accompany his remains to their last r~:sting place and attend his funeral.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker :
The Committel' on Enrollment, report as duly enrolled and. ready for the signatures of thP Speaker of the House of Representatives and President of the Senate, the following act, to-wit:
An act to amend an act to incorporate the Rome and Oarrollton Rrailroad Company, and for other purposes.
Respectfully submitted. IvY W. DuGGAN, Chairman.
By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill to provide a system of public schools for the city of Covington.
The following bill was taken up for a third reading, and, upon motion of Mr. Glenn, the bill was tabled, to-wit :
A bill to prohibit the sale or manufacture of liquors within three miles of Ellijay Seminary.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has concurred in the following resolution of
the House as amended, to-wit:

462

JouRNAL oF THE HousE.

A. resolution that the General Assembly adjourn for to-day as a mark of respect for the memory of Hon. Samuel Hall, Associate Justice of Supreme ,Court, lately deceased, and for the appointment of a committee consist-. ing of three from the Senate and seven from the House. to accompany his remains to their last resting place and attend his Juneral.
Upon motion of Mr. Berner, House resolution relating to the adjourning of the General Assembly for to-day as a mark of respect for the memory of Hon. Samuel Hall was taken up, and the Senate amendment thereto was concurred in.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary, thereof:

Mr. Speaker:
The Senate has appointed as a committee of three to accompany the remains of Ron. Samuel Hall to their last resting place, Senators Hawkes of the 13th Dist., Butt of the 24th Dist., and Guerry of the 12th Dist.
The Speaker announced the following members as a committee to accompany the remains of Hon. Samuel Hall, to their last resting place, to-wit : Messrs. Huff, Harrell of Decatur, Ham, Vickers, Felton of Bibb, Glenn and Smith of Gwinnett.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, August 30, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. John Jones.

TuESDAY, AuGusT 30, 1887.

463

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

Those present were Messrs.-'-

Adams of Elbert, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, . Duggan, Durrance, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute,
Franklin of Fannin, Franklin of Thomas, Gamble, Gardner,

Hale,

Page,

Ham,

Parker,

Hand,

Peeples,

Hart,

Perkins,

Harrell of Decatur, Perry,

Harrell of Webster, Pittman,

Harrison of Franklin, Preston,

Harrison of Quitman, Ray,

Harper,

Rawls,

Harris of Catoosa,

Reid,

Harvey,

Reilley,

Hawkins.

Reynolds,

Hayes,

Rieh,

Henry,

Rountree,

Henderson,

Russell of Chatham,

Hill of Meriwether, Russell of Clarke,

Hill of Wilkes, Holhwd,

Russell of Polk, Schofield,

Hollemau,

Shewmake,

Howard,

Simmons,

Howell,

Sims,

Hughes,

Smith of Glynn,

Huff,

Smith of Gwinnett,

Humphries of Clinch, Smith of Jefferson,

Hutchison,

Stevens.

Johnson of Echols, Stewart of Mitchell,

Johnson of Screven, i-:ltovall,

Jones,

Strickland,

Kimbrough,

Tate.

Lamar.

Terrell,

Lanier,

Thomas,

Lumsden, Madden, Mathews, Mauney, Mills, Mixon, Monroe, Morgan,
~foye,
.VIc Cord, McLane,

Vaughn, Veazey, Vining, Walker of Floyd, Watts, Watson, Way, Wei!, West, Whaley, Wheeler,

464

JouRNAl. oF THE HousE.

Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Hagan,

McGarrity, McLendon, McKibben, Newton, Nichols, Norris, Olive,

Whelchel,
Williams of Harris
Williams of Jac~s:n,
Wilcox, Wilson, Worsham, Mr. Speaker.

Those absent were Messrs.-

Adam of Greene, Arnheim, Black, Branch. Coney, Fagan, Grindle, Harris of Columbia, Humphries of Brooks,

Hunt, Iler, Johnson of DeKalb, Kenan, Kennedy, Key, Little of Talbot, McGhee, McCleskey,

McMichael, Pickett, Smith of Crawford, Stewart of Rockdale, Stewart of M11.rion, Taylor, Vickers, Walker of Putnam, Williams of Upson.

Mr. Gibson, of the Committee on .Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

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

.Mr. Speaker :
The Committee on Finance have had under consideration the following Senate resolution, which they instruct me to return to the House, with the recommendation that it do pass, to-wit:
A resolution for the relief of the Staunton Life Association of Virginia.
Also, the folll)wing tesolution, which they recommend do pass as amended, to-wit:
A resolution for the relief of Henry J. Lamar, of the
county of Bibb. Also, the following bill which they recommend do pass by
substitute, to-wit:
A bill amending the general tax act in relation to sewiDg machines.

TuESDAY, AuGUST 30, 1887.

465

Also, the following bill, which they recommentl do not
pass, to-wit:
A bill to create a Hen in favor of physicians upon the crops of tennants and croppers in Georgia.
Respectfully submitted.
WM. W. GoRDON, Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Johnson of DeKalb, Adams of Greene, Black and Reilly.
Bv unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Finance, to-wit :
By Mr. Russell, of Clarke-
A bill to establish an Industrial Institute and College for the education of the girl!" of Georgia, and for other purposes.
Mr. Preston offered the following resolution, which was read and referred to the Committee on Rules, to-wit:
Resolved, That from and after Friday, the first day of September next, the call of the roll of counties for the introduction of new matter shall be dispensed with and that any member desiring to do so shall be permitted to introduce new matter on the days now fixed for that purpose.
By unanimous consent, the following hills were introduced, read the first time and appropriately referred, to-wit:
By Mr. McCord-
A bill to require the clerks of the Superior Courts of this State to file, in the office of the Secretary of State, copies of all charters granted by the Superior Courts, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amenrl section 4185 of the Code of 1882. Referred to Committee on General ,Judiciary.
30

466

.JouRXAL oF THE HousE.

Also, a hill to amend section 250 of the Code of Georgia. Referred to Committee on General Judiciary.

Also, a bill to require caveators to all wills to give bond

and security for the cost of attorney's fees, etc., incurred as

a result of litigation, etc.



Referred to Committee on General Judiciary.

Also, a bill to provide for the payment of the expenses of Judges of the Superior Courts outside of their own Judicial Circuits.
Referred to Committee on General Judiciary.

Al,.o, a bill to regulate the charges of telephone compa nics tor the use of telephone by subscribers, etc.
Referred to Committee on Finance.

By Mr. Candler-
A bill to anu~nd the charter of the University of Georgia, so a>: to abolish the Board of Trustees for said institution, anu to provide for a Board of Regents instead, to define their right,;, powers and duties, etc.
Referred to Committee on Euucation.

By Mr. Veazey-
A bill tr> prohibit the sale of seed cotton in the county of Talliaferro from the first day of August to the first day of .Tanuary ot each year, etc.
Refern~d to Committee on Agriculture.

By iVIr. West-
A bill to prohibit the killing of wild turkeys and deer at certain seasons of the year in the county of Habersham in this State.
Referred to Special Judiciary Committee.

Also, a bill to provide f(Jr the sdection of a jury commis:-;ioner from elCh militia distriet in rhc CflUnty of Habersham by a ballot of the qualified voters ot each district, preseribe the m'ldc of holding such elect inns, etc.
Referred to Speeial Judiciary Comrnit.ee.

TUESDAY, AUGUST 30, 1887.

467

Also, a bill to provide for the selection of the County School Commissioner for the county of Habersham by a ballot of the qualified voters of said countv; to prescribe the manner of holding such election, and for other pur-
poses. Referred to Committee on Special Judiciary.

Also, a bill to repeal an act to incorporate the town of Tallulah Falls, in the county of Rabun, and for other pur-
poses. Referred to Committee on Corporations.

By Mr. Atkinson-

A bill to repeal an act entitled an act to prohibit the levy and collection of any taxes on any lands within the corporate limits of the city of N ewnaL, which are kept exclusively tor agricultural purpose,., other than that levied and eollected for State and county tax, approved Maach 2, 1874.
Also, a bill to repeal an act entitled an act to change the line defining ,:1e corporate limits of the city of Newnan, in the county of Coweta, approved February, 1876.
Referred to Committee on Corporations.

By Mr. Harris, of Catoosa-

A bill to amend section 493 (c) of the Code of this State. Referred to Committee on Roads and Bridges.

Also, a bill to re1.eal sections 671, 67:2 and 673 of the Code of thi~ State.
Referred to Committee on Roads and Bridges.
By Mr. Coggins-

A bill to prevent citizens living in stock law counties in this State from pasturing their stock in counties that have not adopted the law.
Referred to Committee on Agriculture.

Also, a bill to prohibit tl:.e making and selling of intoxi-

cating liquors within a three mile radius of Midway Meth-

odist Church in the county of Banks.

.

Referred to Committee on Temperance.

468

JouRNAL OF THE HousE.

By Mr. Clay, of Walton-
A bill to prohibit the sale of 8pirituous, malt or intoxicating liquors within three miles of John Wesley M. E. Zion Church and Marshall school house, near Social Circle, in Walton county.
Referred to Committee on Temperance.
By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to extend the corporate limits of the city of Atlanta over Piedmont Park for police purposes.
Mr. Griffith offered the following reso!ution, which was read and referred to the Committee on Rules, to-wit:
Resolved, That from and after this day the regular days for the calling of the roll of counties for the introduction of new matter shall be changed from Monday, Wednesday, and Friday as at present to Saturday and Monday of each week.
The hour for the special order having arrived, upon motion of Mr. Wiel, House bill No. 355, )Vhich was the special order, was taken up, and the same read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 1, to-wit:
A bill to authorize the commitment of juvenile offenders and others to the Honse of Refuge for the reformation of juvenile offender!> in Fulton county, Georgia, to prescribe and regulate the commitment, and for other purposes.
The unfinished business of yesterday, which was the consideration of House bill No. 353, was taken up.
The following bill was then read the third time. Mr. Chappel offered an amendment, which was not adopted.

TUESDAY, AUGUST 30, 1887.

469

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Upon the passage of the bill, the yeas and nays were called for, which call was sustained.
Upon the call of the roll, the following was the result of the vote:

Those voting in the affirmative were Messrs.-

Ashley, Atkinson, Berner, Blalock, Brady, Bray, Brown of Henry, Brewster, Buchan, Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Darden, Denney, Dodgen, Durrance, Evans, Felton of Bartow, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Thomas, Gamble, Gardner, Gibson, Glenn,

Green of Clay, Griffith, Hagan, Hale, Hand, Hart, Harrell of Webster, Harrison of Franklin, Harper. Harris of Catoosa, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hughes, Huff, Hun.phries of Clinch, Hutchison, Johnson of Echols, J ohnsor. of Screven, Kimbrough, Lamar, Lumsden, Madden, Mathews, Mauney, Mills, Mixon, Morgan,

McCord, McLane, McGarrity, McKibben, Nichols. Parker, Peeples, Perkins, Pittman, Preston, Rawls, Russell of Polk, Schofield, Shewmake, Simmons, Smith of Jefferson, Stevens, Strickland, Tate, Terrell, Thomas, Vaughn, Walhr of Floyd. Watson, West, Whaley, Wheeler, Whelchel, Williams of Harris, Wilson, Worsham.

Those voting in the negative were Messrs.-

Belt, Birch more. Chappell,

Gresham, Hill of Wilkes, Holland,

Russell of Chatham, Sims, Stewart of Mitchell,

470

JouRNAL OF THE HonsE.

Cook, Crawford, DuBose, Franklin of Fannin, Gordon, Greene of Madison,

Holleman, Jones, Monroe, McLendon, Perry, Rieh,

Veazey, "\\<Tay, Wei!, Williams of Jackson, Wilcox.

Those not voting were .Messrs.-

Adams of Elbert, Adams of Greene, Arnheim Bailey, Black, Branch, Brown of Cherokee, Calvin, Coney, Duggan, Fagan, Felton of Bibb, Grindle, Ham, Harrell of Decatur, Harrison of Quitman, Harris ol Columbia, Howard, Howell,

Humphries of Brooks. l'!.eid,

Hunt,

Reilley,

Iler,

Reynolds,

John,on of DeKalb, Rountree.

Kenan,

Russell of Clarke,

Kennedy.

Smith of Crawford,

Key,

Smith of Glynn,

Lanier,

Smith of Gwinnett,

Little of Talbot,

Stewart of Rockdale,

~loye,

Stewart of Marion,

}lcGhec,

t-itovall,

.:'ticUleskey,

Taylor .

)[c :\[ichrtcl.

Vickers,

Newton,

Vming,

Norris,

"\Valker of Putnam.

Olive,

Watts,

Page,

Williams of Upson,

l'ickett,

Mr. Speaker.

Ray,

Yeas, 93. Nays, 26. Not voting, 56.

Having received the requisite constitutional majority, the bill passed, to-wit :

A bill to amend an amended act, approved March 6, 1875, which amended an act, approved March 20, 1tl73, so as to apply the provisions of said act of 1873, to the incorporate towns and villages in Harris county.

The following bill was read the third time, the report of the committee was agreed to, and, upon motion, the bill was recommitted to the Committee on General Judiciary, to-wit:
A bill to define the liability of manufacturing, mining and other corporations, etc.

The following bill was read the third time, the report of

TuESDAY, AuGus.r 30, 1887.

471

the committee was agreed to, and the bill passed as amended, by the requisite constitutional majority, yeas 96, nays 0, to-wit:
A bill to amend an act, approved September 22, 1881, extending the benefits of the act of September 20, 1879, (to supply ex-confederate soldierH who lost a limb or limbs during the war), to non-resident Georgia soldiers, etc.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite ('onstitutional majority, yeas 105, nays 0, to-wit:
A bill to require the grand juries of the several counties in this State to inspect the sanitary condition of the common jails in their respective counties at each regular term of the Superior Court held in such counties, etc., and for other purposes.
House bill No. 338 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the Whole House. Mr. Atkinson cal:ed to the chair.
Mr. Atkinson, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speake1:

The Committee ot the Whole House have had under consideration Hous.e bill No. 338, which they instruct me to report back, with the recommendation that the same do pass as amended.
The following bill was then read the third time; the report of the committee was agreed to.

As the bill provided for an appropriation, the vote was taken by yeas and nays.

Upon the call of the roll the following is the resnit of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Green of Clay,

McKibben,

.A.ahley,

Greene of Madison, Newton,

472

JouRNAL oF THE HousB.

Berner, Birchmore, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Jalvin. Cameron, Candler, Chappell, Clay of Cobb, Clay gf Walton, Coggins, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Durrance, Evans, Felton of Bartow, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fa,.nin, Gamble, Gardner, Gibson, Gordon, Glenn,

Gresham, Griffith, Hagan, Hale, Hand, Hart, Harrison of Franklin, Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of J\1eri wether, Hill of Wilkes, Holland, Holleman, Howell, Hughes, Huff, Humphries of Clinch, Hutchison, Johnson of Echols, Jones, Kimbrough, Lamar, Lumsden, Madden, Mathews, Mills, Mixon, Monroe, Morgan, }lcLane, McGarrity, McLendon,

Nichols, Parker, Peeples, Perkins, Perry, Pittman, Preston, Rawls, Rich, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Jefferson, Stewart of Mitchell, Strickland, Terrell, Thomas, Vaughn, Veazey, Walker of Floyd, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Greene, Anrheim, Bailey, Belt, Black. Branch, Coney, Duggnn,

Iler. Johnson of DeKalb, Johnson of Screven, Kenan, Kennedy. Key, Lanier, Little of Talbot,

Reid, Reilley, Reynolds, Rountree, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens,

TUESDAY, AUGUST 30, 1887.

473

Fagan, Felton of Bibb. Franklin of Thomas, Grindle, Ham, Harrell of Decatur. Harrell of Webster, Harrison of Quitman, Harris of Columbia, Howard, Humphries of Brooks,
Hunt,

Mauney, Moye, McCord, McGhee, McCleskey, McMichael, Norris, Olive, Page, Pickett, Ray,

Stewart of Rockdale, ~tewart of Marion, Stovall, Tate, Taylor, Vickers, Vining, Walker fJf Putnam. Watts, Williams of Upson, }fr. Speaker.

Mr. Atkinson voting in the negative.

Yeas 116. Nays 1. Not voting 58.

Having received the requisite constitutional majority, the bill passed, to-wit:

A bill to provide for establishing the line between Georgia and Tennessee.

House bill No. 342 was taken up for a third reading. Upon motion, the bill was tabled.

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 1, to-wit:

A bill to repeal an act to define the duties of Masters in Chancery and Auditors, to regulate the filing of exceptions to their reports and define the duties of Judges of Superior Court in the premises, etc.

House bill No. 359 was taken up for a third reading, and upon motion the bill was tabled.

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

Mr. Speaker:
The Senate has passed the following bills of. the House by the requisite constitutional majority, to-wit:
A bill to change and define the time of holding the Superior Courts in the counties of Quitman and Clay; and to

474

.JouRNAL oF THE HousE.

allow the Court to sit two weeks, when necessary, in the county of Clay, and to provide for drawing two panels of petit jurors in said county; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to amend section 288 of the Code of 1882
passed by the requisite constitutional majority; yeas 25,'
nays 0.
Also, a bill to authorize transferees of tax fi. fas. to collect the lawful rate cf interest on said fi. fas. from date of
transfer, provided the same has been recorded as prescribed by law; passed by the requisite constitntional majority; yeas 24, nays 0.
Also, a bill to amend section 1632 of the Code of 1882; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to prevent the sale of opium and its preparations to persons habitually addicted to its use; passed by the requisite con ;titutional majority, yeas 25, nays 0.
Also, a bill to incorporate the town of Woodbury, Meriweather county, Georgia, to provide for a town council and to prescribe their powers and duties, and for other purposes; passed by the requisi~e constitutional majority, yeas 23, nays 0.
Also, a bill to fix the fees of Justices of the Peace and Notaries Public, who are ex-officio .Justices of the Peace, in certain cases where no fees are now allowed by law; passed by the requisite com;titutional majority; yeas 28, nays 0.
Also, a bill to provide for the extension of the corporate limits of the city of Columbus in the county of Muscogee; pa~sed by the requisite constitutional majority, yeas 28, nays 0.
Also, a bill to change the time of holding the Superior Courts of the county of Jasper in the Ocmulgee Circuit from the fourth Mondays in April and October to the fourth Mondays in March and September and provide tor the same; passed by the requisite constitutional majority, yeas 28, nays 0.

TTTESDAY, AuausT 30, 1887.

475

Also, a bill to require a reinvestment of the proceeds of trust property and a report of the acts of trustees making sales and to provide a remedy for the failure so to make the reinvestment and report; passed by the requisite constitutional majority, yeas 26, nays 0.
Also, a bill to prevent officers or agents of banks or other corporations from using or borrowing any money or other property of said banks or corporations without the permission of the Board of Directors, to provide a penalty for the violation of the sat.ue, and for other purposes ; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to authorize the Governor of this State to issue bonds to an amount not to exceed ninetenn hundred thousand dollarR and to negotiate the same for the pnrpose of raising funds with which to pay off an amount of the public debt, which falls due January hit, 1889, not oth~rwise pro.vided for, and for othe, purposes connected therewith; passed by the requisite constitutional majority; yeas 23, nays 0.
The following bill was read the third time ; the report of the committee was agreed to, and the proper legal proofs were exhibited.

Upon the passage of the bill the yeas and nays were called for, which call was sust~tined.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Ashley,

Brady,

Bray,

Brown of Henry,

Brown of Uherokee

Brewster,

'

Calvin,

Chappell,

Clay of Cobb,

Clay of Walton,

Gresham, Griffith, Hand, Hart, Harvey, Hayes, Henderson, Hill of Meriwether, Hill of Wilkes, Hughes, Hutchison,

Perry, Pittman. Preston, Rich, Russell of Clarke, Russell of Polk, Shewmake; Simmons, Sims, Smith of Glynn, Stewart of Mitcltell,

476

JOURNAL OF THE HoUSE.

Coggins, Darden, Durrance, Evans, Felton of Bartow, Featherston, Fonte, Franklin of Fannin, Gardner, Gordon, Greene of Clay,

.Johnson of Screven, Kimbrough, Lamar, Mathews, Mauney, Monroe, McCord, McLane, McGarrity, McKibben, Perkins,

Stovall, Tate, Terreil, Thomas, Walker of Floyd, Watson. Way, West, Whaley, Worsham.

Those voting in the negative were Messrs.-

Atkinson, Belt. Birch more, Buchan, Cameron, Candler, Comer, Cook, Crawford, DuBose, Duggan, Felton of :\lacon, Fortner, Fordham, Gamble, Gibson, Glenn, Greene of Madison,

Hagan, Hale, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hawkins, Henry, Holland, Holleman, Howell, Humphries of Clinch, Johnson of Echols, Lumsden, ,\1 adden, Mills, Mixon,

Newton, Nichols, Parker, Peeples, Rawls, Russell of Chatham, Schofield, Smith of Jefferson, Vaughn, Veazey, Wei!, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Wilson.

Those not voting were Messrs.-

Adams of Greene, Arnheim, Bailey, Berner, Black, Blalock, Branch, Coney. Denney,
Dod~cn,
Fagnn, Felton cif Bibb, Franklin of Thomas, Grindle,

Humphries of Brooks, Pickett,

Hunt,

Ray,

Iler,

Reid,

,Johnson of DeKalb, Reilley.

Jones,

Reynolds,

Kenan,

Rountree,

Kennedy.

Smith of Crawford,

Key,

t;mith of Gwinnett,

Lanier,

Stevens,

Little of Talbot,

Stewart of Rockdale,

Morgan,

Stewart of Marion,

Moye,

Strickland,

)icGhee,

Taylor,

McLendon,

Vickers,

TUESDAY, AUGUST 30, 1887.

Ham, Harrell of Decatur, Harrison of Quitman, Harris of Columbia, Howard, Hufl',

McCleskey, McMichael, Norris, Olive, Page,

Vining, Walker of Putnam, Watts, Williams of Upson, Mr. Speaker.

Yeas 65. Nays 52. Not voting 58.

So the bill was lost, to-wit:

A bill to prohibit the sale of seed cotton in Butts county from August 15 to December 15 in each year.

The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 105, nays 0, to-wit:

A bill to amend an act, approved October 28, 1870, entitled an act to incorporate the town of Cairo, in Thomas county, and for other purposes.

By unanimous consent, House bills No. 234 and 645 were recommitted to the Committee on Special Judiciary.

By unanimous consent, House bill No. 624 was recommitted to the Committee on Banks.

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

Mr. Speaker:
The Committee on Enrollment report the following acts as duly enrolled and ready for the signatures of the SpeakP,r of the House of Representatives and President of the Senate, to-wit:
An act to change the time of holding the Superior Courts ofthe eounty of Jasper in the Ocmulgee Circuit.
Also, an act to authorize manufacturing and mining companies to become incorporated as savings banks, etc.
RespectJnlly submitted. IvY W. DuGGAN, CHAIRMAN.

478

JOURNAL OF THE HOUSE.

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

Mr. Speaker :
The General Judiciary Committee have had under consideration the following bill of the House, which they instruct me to return with the recommendation that it do pas:l, to-wit :
A bill to amend section 3322 of the Code.
Also, the following bill of the Senate, to-wit:
A bill to authorize the judges of the Stlperior Courts to call special terms of their Court~; to grant charters to corporations.
Also, the fiJllowing bill, which they recommend do pass, as amended, to-wit :
A bill to authorize the Ordinaries of the several counties
of thiR State to is~;tw fl. fas. for their fees and costs and pre-
scribe lor the cnfo1cement ot the same.
Also, the following bills, which they recommend do not pass, io-wit :
A bill to amend section 4.'127 of the (;ode.
A].,o, a bill to amend section 4527 of thf~ Code in reference to rarrying cotH'Paled weapons.
Alt<o, the f(J!lowing hill, which they recommend be referred to the Committee on Special Judiciary, to-wit:
A bill to ameud oeetion 287 (a) and 2R8 of the Code so far a,; ,;anw may relate to the county of Calhoun.
l{e~ pp!tfnll y 1m bmi ttld. RoBERT L. BERN EH, Chairman.
Me. \\'o,sham "ubmitted the following minority report from till' Comn.ittl'e on Agriculture:

Ji1 .."]JcakPr: A minority of the Committee on Agriculture to which

TuESDAY, AuausT 30, 1887.

479

was referred the bill entitled an act to amend section 1465 (b) of the Revised Code, so as to require the Commissioner of Agriculture to be elected by the people, and for other purposes, beg leave to dissent from the report of the committee, which was adverse to the passagE' of the bill, and to urge the passage of said bill for the following reasons:

First. The election of the Commissioner oj Agr.iculture occurring at the same time as that of the Governor and other State H<mse officers will cost nothing, and will bring the people and the Department of Agriculture in closer relation, and aid in securing that relation between them which is es>;ential to the effective service of the farmers of Georgia by the Department.
Second. If the Commissioner 1s responsible directly to the people, it is bnt rea~onable to expect that the ten thousand dollars, the expendi' :ue of which is almost entirely in the discretion of the Commissioner, will be more judiciously used.
Third. The election of the Commissioner of Agriculture by the people will ntcessarily sc thoroughly acquaint the farmers of the State with Lhc workings, purposes, achievements ami value of the Department as to elicit support from them in accordance with its value and efficiency.
Fourth. The farmers of Georgia each year in vest in fertilizers more than four millions of dollars, purchased on the supposition that it bas been inspected and admitted to sale as good by the Department of Agriculture, and it is but just to the men who risk this enormous sum upon the efficiency of the Commis~;ioner of Agrim:lture that they should have a potent voice in nami11g this officer.
We respectfully submit that every reason which can be urged in favor of the election of the other State House officers apply with additional power to this officer. The pass~ge. of this bill will, in our opinion, be but an act of jnstlce to the farmers of Georgia, and secure a more efficient

480

JouRNAL OF THE HousE.

and economical administration of the Department of Agri-

culture.

J. A. J. Henderson, J. F. Madden,

W. L. Vaughn, Henry J. Hill,

M. H. Hart,

Elbert Fagan,

W. F. Cook,

J.P. Watson,

R. E. Adams,

R. J. Moye,

Wright Brady,

M. Norris,

M. Branch,

A. J. Monroe,

J. W. Hagan,

W. H. Stovall,

Lindsey Holland,

J. H. Pickett,

H. Reynolds,

Samuel McKibben,

Willit> Howard,

S. F. Mills,

D. B. Harrell,

W m. P. Whelchel,

S.C. Hale,

J. C. Mixon,

W. A. Worsham,

S. R. McCleskey,

E. A. J. Rich,

T. C. Gibson,

G. T. Holleman,

Archibald Brown,

J. F. McLean,

J. M. Gresham.

J. S. M. Darden,

Upon motion of Mr. Atkinson, 200 copies of the minority report from the Committee on Agriculture were ordered printed for the use of the Honse.
The following bill was read the third time ; the report of the committee wa;; agreed to, as amended, and the bill passed, as amended, by the requisite constitutional majority; yeas 111, nays 1, to-wit:
A bill to incorporate the Georgia Fire Insurance Company of LaGrange.
Under a ,;ut>pension of the rules, House bill No. 77, was recommitted to the Committee on Finance.
Pending the consideration of House bill No. 378, the hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, AUGUST 31, 1887.

481

ATLANTA, GEORGIA,
Wednesday, August 31, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by Rev. Mr. Hayes.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

A,dams of Elbert, Adams ef Greene, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Uandler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Felton of Bartow, Felton of Bibb,
31

Hagan,

Norris.

Hale,

Olive,

Ham

Parker,

Hand,

Peeples,

Hart,

Perkins,

Harrell of Decatur, Perry,

Harrell of Webster, Pickett,

Harrison of Franklin, Pittman,

Harrison of Quitman, Preston,

Harper,

Rawls,

Harris of Catoosa,

Reid,

Harvey,

Reynolds,

Hawkins.

Rich,

Hayes,

Rountree,

Henry,

Russell of Chatham,

Henderson,

Russell ot Clarke,

Hill of Meriwether, Russell of Polk,

Hill of Wilkes,

Schofield,

Holland,

Shewmake,

Holleman,

Simmons,

Howell,

Sims,

Hughes,

Smith of Glynn,

Huff',

Smith of Gwinnett,

Humphries of Clinch, Smith of Jefferson,

Hutchison,

Stevens,

Iler,

Stewart of Mitchell,

.Johnson of DeKalb, Stewart of Marion,

Johnson of Echols, Stovall,

,Johnson of Screven, Strickland,

Jones,

Tate,

Key,

Terrell,

Kimbrough,

Thomas,

Lamar, Lanier,

Vaughn, Veazey,

Lumsden,

Vickers,

482

JouRNAJ, OF THE HousE.

Felton of Macon, Featherston, Fortner. Fordham, Foute, Franklin of Fannin, Franklin of Thot>l:JS, Gamble, Gardner, Gibson, Gordon. Glenn, Green of Clay, Greene of :\1 adison, Gresham, Griffith, Grindle,

Madden, Mathews, Mauney, Mills, ::\fixon, :\Ion roe,
~forgan,
Moye, :VIc Cord, .\IeLane, :\IcGhee. McGarrity, }lcLendon, :vicKibben, :\IcMichael, )! ewton. Nichols,

Walker of Floyd, Walker ot Putnam, Watts, Watson, Way, Wei!, West, Whaley, wheeler, Whelchel, Williams of Harris, Williams of Jackson, '\Villiams of Upson, '\Vii cox, Wilson, '\Voroham, :\lr. Speaktr.

Those absent were Messr;.;. -

Arnheim, Black, Coney, Fagnn, Harri.:: of C'olllllllJla, Howard, Humphries ,,f 13 'Pob,

Hunt, Ken>tn, Kennedy, Little of Talbot, :1[,.( 'leokey, Page,

Ray, Reillev, tlmith of Crawford, Stewart of Rockdale, Taylor, Vining.

Mr. Ham, of the Committee on Journals, reported that the J oun1al had lwen ex a mint:<l and found correct.

Tlw Jonmal W<J.'' then read and approved.
Lca,c of a~l><f'nce was granted to the following members, to-wit :

1\fcsft'S. Schofiehl, Brew ier, Yi<kers and Gresham.

Mr. Rimmo11f! gave rwticc tha, ~Jt the proper time he would moYr !o r<cnn:-idn so n1n .J, of th( action of the Hou~e a.~ nlat s to Hon:- hill J'\,. i.
Mr. Rimt'lll~ mny,d t" !'<< idr the action of the How..l' <lll ye:-t< rday <HI li.usc' hill >71, to-wit:

A hill t" JH,hibit the sale of"' from i;-:th An'!:nst to 15th DPcelt.l
Tht :11 >I ion tn ''<'i':JW-idtr Jli'P\';,;

l'Ot!Ptl in Butts county, rn rwh year.

WEDNESDAY, AuausT 31, 1887.

483

Mr. Candler, chairman pro tem. of the Committee on Education, submited the following report :

11'11. Speaker :
The Committee on Education have had under consideration the following bills, which they instruct me to report back to the House, with the recommendation that they do paRs as amended, to-wit:
A bill to be entitled an act to amend, revise and consoliJate the c>ommon school laws of the State of Georgia.
Also, a bill to be entitled an act to levy a tax upon the taxable prorerty of the State for the support of common schools.
Also, a bill to be entitleJ an act to authorize the tow council of the town of Millen to levy a tax for school purposes; to provide for a submission of the question of tax or no tax to the qualified voters of said town; to prescribe the effect of said vote, and for other purposes.
Respectfully submitted. C. M. CANDLER, Chairman.
Mr. Terrell, chairman of Committee on Counties and County Matters, submitted the following report :

.1Jr. Speaker:

The Committee on Counties and County Matters have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to provide compensation for all managers and clerks of general and special elections held in McDuffie county, and for other purposes.
Also,. the following bill, which I am instructed to report back with the recommendation that the ~:lame do pass as amended, to-wit :

484

JouRNAL oF THE HousE.

A bill to make operative the provisions of the stock law

as to Fulton county.



Respectfully submitted.

J. M. TERRELL, Chairman.

Mr. Fonte offered the following resolution, which was read and adopted, to-wit :

Resolved, By the House, the Senate concurring, that the General Assembly convene in the Hall of the House of Representatives at 12 o'clock m., on Wednesday the 7th day of September, proximo, for the purpose of electing a successor to the late Judge Hall, for the unexpired term.

Upon motion ot Mr. McCord, the special order for to-day was displaced, and the same made the special order for Wednesday September 14th, immediately after the reading of the Journal.

By unanimous consent the following bill was read the second time, to-wit :

A bill to levy a tax upon the taxable property of the State for the support of common schools.

Upon motion of Mr. Candler, House bills Nos. 673 and 189 were made the special order for Wednesday, September 7th, immediateiy after the reading of the Journal.

By unanimous consent, House bill No. 763 was recommitted to the Committee on Banks.

The unfinished business of yesterday, which was the further consideration of House bill No. :378, was taken up.

Mr. Evans moved to recommit the bill to Committee on Temperance, which motion prevailed, and the bill was recommitted.

Mr. Harrif'on, of Quitman, chairman of the Committee on Corporations, submitted the iollowing report:

Mr. Speaker :
The Committee on Corporations have had under consideration the following bills of the House which they instruct

WEDNESDAY, .AUGUST 31, 1887.

485

me to report back, with the recommendation that they do pass, to-wit :
.A bill to amend an act to consolidate, amend and codify, the various acts incorporating the city of Rome.
Also, a bill to incorporate the town of Ocean City, on Tybee Island. Proofs correct.
Also, a bill to amend an act to incorporate the town ot Austell, in Cobb county. Proofs correct.
Also, the following Senate bill which they recommend do pass, to-wit:
A bill to confirm an ordinance of the City Council of .Augusta. Proof correct.
Also, the following House bill, which they recommend do pass, as amended, to-wit :
A bill to authorize the Mayor and Aldermen of Savannah to require grading, paving, etc., the streets of the city; to make and collect assessments for the same. Proof correct.
Respectfully submitted. WILLIAM HARRISON, Chairman.
Mr. Tate, chairman of the Special Judiciary Committee, submitted the following report :

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and require voters to vote in the ward and militia districts of their residence, and for other purposes.
Also, a bill to amend the act establishing game laws in Fulton county by striking out the word October and inserting in lieu thereof the word November.

486

JouRNAL OF TH-E HousE.

Also, a bill to amend the act establishing a City Court, in the county of Bartow, approved October 10, 1885, so as to provide for the drawing of eighteen jurors, instead of sixteen, etc.
Also, a bill establiRhing game laws in the county of Habersham, of this State.
Also, a bill to provide for the selection of a Jury Commissioner from each militia district, in the county of Habersham by a ballot of the qualified voters of said district, and for other purposes.
Also, a bill to provide for the selection of the County School Commissione1 for the county of Habersham, and for other purposes.
Also, the following resolution, which they recomme.nd do pass, to-wit:
A resolution for the relief of E. A. Polluck, Tax Collector of Pulaski county.
Also, the following bill, which I am im;tructed to report back, with the recommendation that the same do pass by substitute, to-wit:
A hill to make certain officers in this State incompetent to serve as Grand Jurors, and for other purposes.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to authorize defemlants convicted of any offense in any of the County Courts of this State, upon giving notice of his intention to apply for the writ of certiorari, to give bail instanter, etc.
Respectfully submitted. F. C. TATE, Chairman.
By unanimous consent, House bill No. 849, was recommitted to the Committee on the Special Judiciary.
Upon the call of the roll of counties for the introduction of new matter, the following bills were introdueed, read the first time and appropriately referred, to-wit: .

WEDNESDAY, AUGUST 31, 1887.

487

By Mr. FouteA bill to allow Leaboru Nally, a citizen of Bartow coun-
ty, who is seventy-five years of age, and who did his State service in the Indian wars in Florida during the years of 1836 and 1831, to peddle in any county in this State without license.
Referred to Finance Committee.
By Mr. Wilson-
A bill to provide an additional system of working public roads in Camden county ; to appoint a Board of Commissioners for the same, etc.
Referred to Committee on Counties and County Matters.
By Finance Committee-
A bill to make additional appropriations for the years 1887 and 1888, to supply deficiencies in the several appropriations for the expenses of the Government, etc.
Referred to Committee on Finance.
By Mr. Denny-
A bill to incorporate the Printup City Land and Improvement Company.
Referred to Committee on Banks.
ByMr. Bray-
A bill to require the County Commissioners ot Fulton county to surrender the amount of funds now in the hands of County Treasurer arising from the sale of fences which were the dividing lines between Fulton and DeKalb counties, and to give the same to the district or districts from which the tax was levied for the erection of the same.
Referred to Committee on Counties and County Matters.
By Mr. Stewart, of Mitchell-
A bill to fix the pay of jurors, horse and bar bailiffs, deputy sheriff.-, and deputy clerk of Mitchell county.
Referred to Committee on Counties and County Matters.

488

JouRNAL OF THE HousE.

By Mr. Hawkins-
A bill to confer police powers upon church officers, superintendents of Sunday-schools, or other assistants, etc.
Referred to Committee on Special Judiciary.
By Mr. McCord- .
A bill to amend an act entitled an act to constitute the judge of the City Court, in the county of Richmond, ex-officio Commissioner of Roads and Revenues for Richmond county, to define its powers and duties, etc.
Referred to Committee on Corporations.
Also, a bill to alter and amend an act entitled an act to incorporate The Planters Loan and Savings Bank, approved October 27, 1870, and acts amendatory thereof, so as to authorize the corporation to change its name and do a general insurance business, etc.
By Mr. Simmons-
A bill to incorporate Buena and Ellaville Railroad Company; to ratify and confirm the charter now granted; confirm the change of terminus; extend its line, etc.
Referred to Committee on Railroads.
By Mr. DuBose-
A bill to regulate the sale of spirituous liquors in any county in the State of Georgia not under the operation of a local law, as to general option law regulating the sale of spirituous liquors, except also such parts of any county as may be under control of an incorporated town or city.
Referred to Committee on Temperance.
By Mr. McCord-
A bill to exempt fifty members of the Clarke Light Infantry from jury duty.
Referred to Committee on Corporations. House bill No. 380 was taken up for a third readin~, and upon motion the bill was tabled.
The following bill was read the third time; the report

WEDNESDAY, AuGUST 31, 1887.

489

of the committee was agreed to ; the proper legal proofs were exhibited, and the bill pas'led by requisite constitutional majority, yeas, 90 nays 0, to-wit:
A bill to provide for the registration of qualified voters of the county oi Campbell, etc.
Mr. McLendon, chairman of the Committee on Penitentiary, submitted the following report :

Mr. Speaker :
The Committee on Penitentiary have had under consideration the following bills which they instruct me to report back, with the recommendation that they do not pass, towit:
A bill for the better government of the convicts now under lease by penitentiary companies Nos. 1, 2 and 3.
Also, a bill to amend an act leasing out the penitentiary convicts.
Respectfully submitted. S. G. McLENDON, Chairman.
Mr. Rawls, chairman of the Committee on the State of the Republic, submitted the following report:

Mr. Speaker:

The Committee on the State of the Republic have had under consideration House bill 432, which I am instructed to report back, with the recommendation that the 'lame do not pass, to-wit:

A bill to be entitled an act to prevent the selling, giving

or furnishing, of tobacco, in any form, to minors without

the consent of their parents or guardians.

MoRGAN RAWLS, Chairman.

Mr. Duggan, chairman of the Committee on Enrollme~t

submitted the following report:

'

.llr. Speaker: The Committee on Enrollment reports as duly enrolled

490

JOURNAL OF THE HoUSE.

and ready for the signatures ot the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to change and define the time of holding the Superior Courts in the counties of Quitman and Clay, and for other purposes.
Also, an act to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee.
Also, an act to require a re-investment of the proceeds of the sale of trust property and a report of the acts of the trustees making sales, and for other purposes.
Also, an act to amend section lli32 of the Code of 1882. Also, an act to prevent officers or agents of banks or other corporations from using or borrowing any money or other property of said banks or corporations without the permission of the Board of Directors, etc.
Also, an act to authorize transferees of tax fl. fas. to col lect the lawful rate of interest on saidfl. fas. from date of
transfer, provided the same has been recorded as prescribed by law.
Also, an act to prevent the sale of opium and its preparations to persons habitually addicted to its use.
Also, an act to fix the fees of ,Justices of the Peace and Notaries Public, who are e,r-(!f!icio Justices of the Peace in certain cases where no fees are now allowed by law.
Also, an act to amend section two hundred and eightyeight (288) of the Code of 1882.
Also, an act to authorize the Governor of this State to issue bonds to the amount not to exceed nineteen hundred dollars, for the purpose of raising money with which to pay oft an amonnt of the public debt, which falls due January 1st, 1889, not otherwise provided for, and for other purposes connected therewith.
Also, an act to incorporate the town of Woodbury, Meriwether County, Georga, to provide for a town council, and prescribe their powers and duties, and for other purposes connected therewith.
The following bill was read the third time; the report of

WEDNESDAY, AUGUST 31, 1887.

491

the committee, which was favorable to the passage of the bill by substitute, was agreed to.
Upon the passage of the bill the yeas and nays were called for.
Mr. Perry moved to table the bill.
Upon this question the yeas and nays were called for, which call was sustained.

Upon the call of the roll the tollowing is the result of the vote, to-wit:
Those voting in the affirmative were Messrs.-

Adams of Greene,
Bern~r,
Birch more, Blalock, Bray, Clay of Cobb, Denney, DuBose, Evans, Felton of Bartow, Felton of Bibb, Foute, Franklin of Thomas, Gamble, Gardner, Gordon,

Green of Clay, Hand, Harrison of Quitman, Harvey, Hawkins, Hill of Meriwether, Hill of Wilkes, Howell, Johnson of DeKalb, Johnson of Screven, Key, Kimbrough, Lamar, Lanier, Morgan,

~foyP,
McCord, .Perkins, Perry, Pickett, Rich, Russell of Polk. Smith of Jefferson, Stevens, Stovall, Walker of Floyd, Watson, Way, Wei!, Whaley.

Those voting in the negative were Messrs.-

Adams of Elbert, Ashley, Belt, Brady, Branch,
Brown of Cherokee, Buchan, C11ndler, Chappell, Coggins, Comer, Cook, Crawford, Darden,

Hale, Hart, Harrison of Franklin, Harper, Harris of Catoosa, Hayes, Henry, Henderson, Holland, Hughes, Humphries of Clinch, Hutchison, Iler, Johnson of Echols,

Parker, Peeples, Preston, Rawls, Reynolds, Russell of Chatham, Russell of Clarke, Schofield, tlhewmake, Simmons, Smith of Gwinnett, Stewart of Mitchell, Stewart of Marion, Tate,

492

JouRNAL oF THE HousE.

Dodgen, Duggan, Durrance, Featherston, Fortner, Fordham, Franklin of Fannin, Gibson, Glenn, Greene of Madison, Gresham, Griffith, Hagan,

Jones, Lumsden; Mauney, Mills, Mixon, Monroe, McLane, McGarrity, McLendon, McKibben, McMichael, Newton, Nichols,

Terrell, Thomas, Vaughn, Veazey, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson.

Those not voting were Messrs.-

Arnheim, Atkinson, Bailey, Black, Brown of Henry, Brewster, Calvin. Cameron, Clay of Walton, Coney, Fagan, Felton of Macon, Grindle, Ham, Harrell of Decatur, Harrell of Webster, Harris of Columbia,

Holleman, Howard, Huff, Humphries of Brooks, Hunt, Kenan, Kennedy, Little of Talbot, Madden, Mathews, :McGhee, McCleskey, Norris, Olive, Page, Pittman,

Ray, Reid, Reilley, Rountree, Sims, Smith of Crawford, Smith of Glynn, Stewart of Rockdale, Strickland, Taylor, Vickers, Vining, Walker of Putnam, Watts, Worsham, Mr. Speaker.

Yeas, 46. Nays, 80. Not voting, 49.

So the motion to table was lost.

Mr. Harrison, of Quitman, moved to reconsider the action of the House in agreeing to the report of the committee, which motion prevailed.
Mr. Terrell offered the following amendment, which was adopted, to-wit:

By adding to end of first section the following : " Provided that the provisions of this act shall not apply to notes

WEDNESDAY, AuousT 31, 1887.

-!93

or contract~ for borrowed money at the legal rate of interest."
The report of the committee was agreed to as ~uilended.

Upon the passage of the bill the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of th~ vote, to-wit :

Those voting in the affirmative were Messrs.-

Adam of Elbert, Ashley, Blalock, Brady, Branch, Brown of dherokee, Buchan, Cameron, Coggins, Comer, Cook, Darden, Dodgen, Durrance, Fortner, Fordham, Franklin of Fannin, Glenn, Greene of Madison, Gresham, Hagan, Hale,

Ham,

Nichols,

Hart,

Parker,

Harrison of Franklin, Peeples,

Harper,

Pittman,

Harris of Catoosa,

Rawls,

Hayes,

Reynolds,

Henry,

Russell of Clarke,

Henderson,

Schofield,

Holland,

Shewmake,

Hughes,

Simmons,

Humphries of Clinch, Stewart of Mitchell,

Hutchison,

Tate,

Iler,

Terrell,

Johnson of Echols, Thomas,

Lanier,

West,

Lumsden,

Wheeler,

Mauney,

Whelchel,

McLane,

Williams of Harris,

McGarrity.

Williams of Jackson,

McKibben,

Williams of Upson,

Newton,

Wilcox.

Those voting in the negative were Messrs.-

Adams of Greene, Belt, Berner, Birch more, Bray, Brown of Henry, Candler, Chappell, Clay of Cobb, Clay of Walton, Denney,

Gibson, Gordon, Green of Clay, Hand, Harrell of We bgter, Harvey, Hawkins. Hill of Meriwether, Hill of Wilkes, Holleman, Huff,

lVIoye, McCord, McLendon, McMichael, Perkins, Perry, Pickett, Preston, Rich, Russell of Chatham, Russell of Polk,

494

JouRNAL OF THE HousE.

DuBose, Duggan, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute, Franklin of Thomas, Gamble, Gardner,

Johnson of DeKalb, Johnson of Screven, Jones, Key, Kimbrough, Lamar. Madden, Mills, )fixon, .Monroe, .Morgan,

Smith of Gwinn11tt, Smith of Jefferson, Stewart of Marion, 8tovall, Veazey, Walker of Floyd, Watts, Watson, Way, Wei], Worsham.

Those not voting were Messrs.-

Arnheim, Atkinson, Bailey, Black, Brewster, Calvin, Coney, CrawfDrd, Fagan, Griffith, Grindle, Harrell of Decatur, Harrison of Quitman, H>nris of Columbia, Howard,

Howell, Humphries of Brooks, Hunt, Kenan, Kennedy, Little of Talbot. Mathews, McGhee, )i<'Cleskey,
~orris,
Olive, Page, Hay, Reid, Reilley,

Rountree, Sitns, Smith of Crawtord, Smith of Glynn, Stevens, Stewart of Rockdale, Strickland, Taylor, Vaughn, Vickers, Vining, Walker of Putnam, Whaley, ""ilson, J\lr. Speaker.

Yeas 64. ~ays 66. Not voting 45.

So the bill was lost, to-wit:

A bill to declare all notes or other obligations for the payment of money, which contains an agreement to pay ten per cent. attorney's fees for collection of the same in addition to the rate of interest specified therein void and of no effeet.
Housp bill No. 387 was taken up for a third reading. As the ><a me pi'Ovided tor an appropriation, the House went into a Committee of the Whole House; Mr. Candler in the chair.
Mr. CandiPr, chairman of the committee, submitted the following rPpmt:

WEDNESDAY, AuGusT 31, 1887.

495

Mr. Speaker :
The Committee of the whole House have had under consideration House bill No. 387, which they instruct me to report back, with the recommendation that the same do pass, as amended.
The following bill was then read the third time ; the report of the committee was agreed to ; the proper legal proof.~ were exhibited, as the bill provided for an appropriation it was necci'sary that the vote should be taken by yeas and nays.
Upon the call of the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Adams of Elbert, Ashley, Atkinson, Berner. Birch more, Blal,>ck, Branch, Brown of Henry, Brown of Cherokee, Buchan, Camerou, Candler,
Cht~ppell,
Clay of Walton, Umner. Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durr!lnce, Evuns, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Fonte,

Green of Clay, Greene of Mudison. Gresham, Griffith, Hagan, Ilule. Ham, Hand, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henry. Hi!. of }leriwether, Holland, .Hughes, Humphries of Clinch, Hukhison, Iler, Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, Jones, Key, Kimbrough, Lamar, Lanier,

ll! cCord, :\lcLane.
~lcGarrity, ~1cl~endon,
}leKibben, )lei\lichael, l'lewton, Kichols, Parker, P e e p lee, Perkins, Perry, Pickett. Pittlllan. Preston. Heynolds, l{ich, Russell of Polk, Shewmake, Smith of Gwinnett, Smith of J efff:rson, Stewart of Mitchell, Stewart of Marion, Stovall, Tate, Terrell, Thomas, Vaughn, Veazey, Watts,

496

JouRNAl. oF THE HousE.

Franklin of Fannin, Frankl;n of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn,

Lumsden. Mauney, Mills, Mixon, Monrue, Morgan, Moye,

Watson, Way, West, Whaley, Whelchel, Williams of Harris, Worsham.

Those not voting are Mef':srs.-

Adams of Greene, Arnheim, Bailey,. Belt. Black, Brady, Bray, Brewster, Calvin, Clay of Cobb, Coggins, Coney, Fagan, Fortner, Grindle, Hart, Harrell of Decatur, Harrison of Quitman. Harris of Columbia, Henderson, Hill of Wilkes, Holleman,

Howard, Howell, HuJf, Humphries of Brooks, Hunt, Kenan, Kennedy, Little of Talbot, Madden, Mathews, 1\IeGhee, McCleskey, Norris, Olive, Page, Ray, Rawls, Reid, Reilley, Rountree, Russell of Chatham,

Russell of Clarke, Schofield, Simmons, Sims, Smith of Cr11wford, Smith of Glynn, Stevens, Stewart of Rockdale, Strickland, Taylor, Vickers, Vining, Walker of .!!'loyd, Walker of Putnam, Wei!, Wheeler, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Mr. Speaker.

Yeas 111. Nays 0. Not voting 64.

So the bill passed as amended, to-wit:
A bill to refund to A. C. Daniel 39.S9 dollars raised on
a tax fi fa. it) excess of tax due.
The house then adjourned until to-morrow morning at 9 o'clock.

THURSDAY, SEPTEMBER I, 1887.

497

ATLANTA, GEORGIA,
Thursday, September I, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Hayes.

The roll was called, and the following members answered to their names :
Those present wete Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook. Crawford, Darden, Denny, Uodgen, DuBose, Duggan, Durrance, Evans. Fagan, Felton of Bartow,
32

Hnm,

Norris,

Hand,

Olive,

Hnrt,

Parker,

Harrell of De.:atur, Peeples,

Hurrell of Webster, Perkins,

Harrison of Fmnklin, Perry,

Harrison of Quitman, Pickett,

Hnrper,

Pittman,

Harris of Catoosa,

Pre, ton,

Harvey,

Ray,

Hawkins,

Rawls,

Hayes,

Reid,

Henry,

Reynolds,

Henderson.

Rich,

Hill of Meriwether, Rountree,

Hill of Wilkes,

Russell of Chatham,

Holland,

Russell of Clarke,

Holleman.

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Hutl',

Simmons,

Humphries of Brooks, Sims,

Humphries of Clinch, Smith of Crawford,

Hunt,

Smith of Glynn,

Hutchison,

Smith of Gwinnett,

Iler,

Smith of Jefferson,

Johnson of DeKalb, Stevens,

Johnson of Echols, Stewart of Mitchell,

Johnson of Screven, Stewart of Roekdale,

Jones,

Stewart of Marion,

Kenan,

Stovall,

Kennedy,

Strick Jar'~

Key,

Tate,

Kimbrough,

Taylor,

Lamar,

Terrell,

Lanier,

Thomas,

498

JouRNAL OF THE HousE.

Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, J<'oute, Fmnklin of Fannin, J<'ranklin of Thomas, Gamble, Gardner, (tibson, Gordon, Glenn, Green uf' Clay, Green of }ladison, Gresham, Griffith, Grindle, Hagan.
Hali:,

Little of Talbot, Lumsden, Madden, Matthews, Mauney, )fills, .Mixon, .Monroe, )forgan, Moye, }[cCord, McLane, :'llcGhee, McGarrity, :'IIeLendon, JieKihben, MeCIRskey, l\lc."\Iicllae I, N e\vton, ::'ilidwls.

Veazey, Vickers, walker of Floyd, Walker of Putnam, Watts, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Vl'ileox, vVils.,n, Worsham, Mr. Speaker.

Those absent were Messrs.-

Black, Buchan, Harris of Columbia,

Howard, Page, lteilley,

Vaughn, Vining.

Mr. Lumsden, of the Committee on Journals, reported that the Journal ofSaturday's proceedings had been examined and found correct.

The Journal was then reaJ and approved.

Leave of absence was granted to the following members, to-wit:

:Messrs. Y aughn, Durrance, Harper, Oli vc, Hart, Page (indefinite), Humphries of Clinch, Jonef', Wilcox, Wilson, 'Walker of Floyd, Franklin of Fannin, Henry, Perry.

:Mr. Gardner gave notice that at the proper time he would move to reconsider so rn uch of the action of the House on yesterday as relates to House bill No. :378.

l\Ir. Coggin,; ga \'e notice that at the proper time he would mu\c to reconsider so much of the action of the House on ytsterday as relates to House bill No. 386.

THURI:mAY, SEPTEMBER 1, 1887.

499

Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report :

Air. Speaker:
The committee on Agriculture have had under consideration the following bill, which they instruct me to return to the House, with the recommendation that it do not pass, to-wit:
A bill to prevent the running at large of stock in the 882d district, G. M., of Schley county.
Respectfully submitted. W. H. FELTON, Chairman.
Mr. Gardner moved to reconsider so much of the action of the House had on yesterday as relates to House bill No. 378.
Mr. Walker, of Putnam, moved to lay the motion to reconsider on the table, which motion did not prevail.
The motion to reconsider prevailed.
Mr. Coggins, moved to reconsider so much of the action of the House on yesterday as relates to House bill No. 386, which motion prevailed.
Upon motion, House bill No. 386, was recommitted to to the Committee on Special Judiciary.
The hour foJ" the special order having arrived, upon motion of Mr. Atkinson, House bill No. 261, which war; the special order for to-day, was taken up.
The following bill was then read the third time, to-wit:
A bill to regulate the inspection of oils, and require the money paid into the State treasury.
Upon motion of Mr. HarriRon, of Quitman, the special order was displaced, and 200 copier; of the substitute proposed, were ordered printed for the use of the House.
Upon motion of Mr. Atkinson, House bill No. 261, was ~ade the special order for Tuesday, Septembet 6th, immerltately after the reading of the Journal.

500

JouRNAl, oF THE HousE.

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

11r. Speaker :
The Committee on Finance have had under consideration the following resolution, which I am instructed to return to the House, with the recommendation that it do pass, to-wit:
A resolution for the relief of the Home Provident Safety Fund Association of New York.
Also, the following bill, which I am instructed to return to the Howse, with the recommendation that the same do pass as amended, to-wit:
A bill to make an appropriation to pay Moses Tomlinson, of the county of Clinch, for an artificial arm, under an act approved December 4, 1866, and for other purposes.
Also, the following resolution, which I am instructed to return to the House, with the recommtndation that the same do pass, by substitute, to-wit:
A resolution relating to the sale of the Western and Atlantic Railroad.
Also, the following bills and resolutions, which I am instructed to return to the House, with a recommendation that they do not pass, to-wit :
A bi II to authmize the re-lease of the Western and Atlantic Railroad, and for other purposes.
Also, the Governor to lease the Westt>rn and Atlantic Railroad, su~ject to the present lease, for a term of twenty years, and for other purpose;;.
Also, a bi 11 t J provide fot' the dispm;ition of the Western and Atlantic Railroad.
Also, a resolution authorizing the Governor to take such legal Rteps as be may deem best to protect the Western and Atlantic Railroad property of this State.
Also, a resolution authorizing and requiring the Gover-

THURSDAY, SEPTEMBER 1, 1887.

501

nor to take such legal steps as he may deem best to protect the Western and Atlantic Railroad property of this State.
Also a resolution authorizing the -appointment of a joint committee from the House and Sem.te charged with the duty of conferring with lessees of the Western and Atlantic Railroad, to ascertain what plan and terms they have to offer in settlement of claims for betterments, etc.
Respectfully submitted. W)I. W. GoRDON, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:

itfr. Speaker:
The General Judiciary Committee have had under consideration the following bills, which they instruct me to return to the House, with the recommendation that they do pass, to-wit :
A bill to prevent the running of excursion trains, boats or vessels on the Sabbath day.
Also, a bill to amend section 2040 of the Code.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to provide the manner of drawing the grand and petit jurors to serve in the Superior Court.
Also, a bill to amend section 3641 of the Co,]e. Respectfully submitted.
R. L. BERNER, Chairman.
Mr. Felton, of Bartow, submitted the following minority report from the Committee on Finance.
The undersigned, members of the Finance Committee, to which were referred bills and resolutions telating to "-restern and Atlantic Railroad, submit the following as a minority report from that committee :
WHEREAs, it is important and deemed expedient that this General Assembly should take initiatory steps looking to

502

JouRNAL oF THE HousE.

the proper disposition ot the Western and Atlantic Railroad at the expiration of the present lease of said railroad upon such terms as may be most advantageous to the interests of the State ; and
WHEREAS, it is the sense of this General Assembly that the State should continue its ownership of this most valuable property, from which a handsome annual income is now derived, and which income may be easily increa~ed; and
WHBREAS, from said income the public school system is largely maintained, and the bmden of taxation grf:'atly lessened ; now, therefore, in order that this purpose may be accomplished-
!. Resolued, by the General Assembly of Georgia, That the Governor, Treasurer and Comptolle of thi;; State, acting as a Board of Commissioners, creatccl and authorized by the General Assembly, shall, on or before the firl't day of November, 1887, aclvertise in such newspapers as they may designate in Georgia, and also in the citit's of Chicago, Cincinnati, Xew York and London, England, for bids to be submitted to saicl Board of Commissioners fi)r the lease of said railroad, with all of its houses, work-shops, rollingstock, depots and appurtenances of every character lor a prriod of not less than twenty or longer than fifty years from the date of the expiration of the present lease.
Said bids for the lease of said railroad shall be upon the following terms and according to the foliowing provisions, namely: That the Governor, the Treasurer and Comp troller, as a "Board of Commissioners," be, and tht>y are hereby authorized to lease the Western and Atlantic Railroad, together with all its houses, work-shops, rolling-stock, depots and appurtenances of every kind and character to a company or a corporation, or to any other party or parties who shall give good and sufficient security as herein after wards provided for-the said lease to be for a term of not less than twenty nor more than fifty-years, and for a sum of not less than thirty-five thousand dollars per month, to

THURSDAY, SEPTEMBER 1, 1887.

50:3

be paid monthly into the treasury ofthis State for the use

of the State. Provided, said lease shall be made subject to all of the

terms and agreements of the present lease contract, and

shall in no way interfere with said contract now existing

between the State and the present lessees; and provided fur-

trhoeard' ,thtoagt etthheerlewssietehs

under these its houses,

resolutions shall receive the work-shops, rolling-stock,

depots and appurtenances of every character in the condi-

tion and order as the State shall recei v'e the same from the

present lessees at the expiration of the present lease con-

tract; and in case the lessee or lessees under these resolu-

tions shall fail or refi1se to pay the monthly rental of thirty-

five thousand dollars, or whatever sum may be agreed upon,

as a monthly rentJ.I into the treasury of the State, within

twenty days after the end of the month, the lease shall be

forfeited, and also the lessee or lessees shall forfeit to the

State three months' rental as damages tor tailing or refusing

to comply with said lease contract, and it shall be the duty

of the Governor forthwith to declare the lease and the said

three months' rental forfeited, and to take immediate poses-

sion of said road and its appurtenances, and if any resist-

ance is offered by the lessee or lessees, it shall be the duty

of the sheriff.<; of all the counties in this State, thtough

which said roacl run,, to aid the Governor, with the posse

cornitat1Ls of their respective counties, to take the posse:,:sion

and. expel the lessee or lessees who have failed or refused

to make the payments when due as af(,resaid, and within

ten days after he has terminated the lease and taken posses-

sion of the road for the State, the Governor shall commence

suit against the lessee or lessees on the bond to be given by

the lessee or lessees to the State in any court ot this State having competent jurisdiction of the case, unle~s the ,.;um

due is sooner paid ; provided, neverthdess, said lessee

or lessees shall in no case sublet said road to other persons or corporations ~;o as to impair the contract made with the

State, or to impair, or annul, or modify the security given

by the original obligors to the State, and it shall be the

50t

JouRNAL oF THE HousE.

duty of his Excellency the Governor to require of the lessee

or lessees of said road, with its appurtenances, a bond with

ample security for the sum of one million of dollars.

The lessee or lessees shall be worth, over and above their

indebtedness, at least five hundred thousand dollars, and

there shall be security in this State worth at least five hun,

dred thousa.nd dollars. The Board of Commissioners shall

see to it carefully, in taking the bond, that these require-

ments are tully complied with.

This Board of Commissionsers shall lease to no company

or corporation, or other party or parties, who tender secu-

rity that is even doubtful.

The bond shall bind the lessee or lessees and their secu-

rities for the prompt payment of the sums agreed on at the

end of each month, and for the forfeiture of three months'

rental in case the Governor declares the lease of the road

forfeited, and for the return of the road and its appurten-

ances at the expiration or termination of the lease, or at its

forfeiture, in as good eonrlition as it was in when teceived

by the lessee or lesseeo from the State under said lease,

which bond shall be recorded in the SeeretaJ'Y of State's

office and filed in the Execnti ve office, which bond may be

sued on at any time when there has been a breach of its

condition ; Provided, that the lessee or lessees shall first

qualify that they are worth at least five hundred thousand

dollars over and above all liabilities of every character,

and the sureties, or their representatives or agents, shall

qualify that they are worth at least one million dollars over

all and every liability ; Provided further, that this shall not

preclude the Legislature from requiring othet surety at any

time, if the surety first given shall become insufficient by

reason of being worth less than one million of dollarii, nor

ot looking into its condition from time to time.

And this Board of Commissioner!:' shall appoint three

railroad men, who shall proceed at once, after the adoption

owforthke-soheoprse,sodleuptoiotsn,s'rotollinegx-asmtoicnke

the and

road and its houses, other appurtenances

catefully, and shall make out in writing a schedule or

THURSDAY, SEPTEMBER 1, 1887.

505

inventory of the same, carefully describing and setting forth the true condition of the road and its rolling-stock and appurtenances and property of every character, which shall be recorded in the office of the SecrEtary of State and filed in the Executive office. And in case the road and its rolling-stock and appurtenances are not returned, at the expiration or forfeiture of the lease, in as good condition as when received by the lessee or lessees, their securities on their said bond shall be liable to make good the difference to the State. And so soon as the terms of the lease are agreed upon between the Board of Commissioners and the lessee or lessees, and the name or names of the company or corporation, or parties leasing the roarl and its appurtenances, have been entered on the minutes of the Executive Department as the persons or corporation proposing to take said lease, and the acceptance of the proposition by the Board of Commissioners shall also have been recorded, said lessee or lessees shall then, and from that time, be and become a body corporate and politic for the term of twenty years or more, being the time for which they have leased said road from the expiration of the pre~ent lease contract, under the name and style of the Western and Atlantic Railroad Company, which body corporate shall be operative only from the time of their taking posf'ession of saicl road as lessee;;; and as ;;uch it shall have power to sue and be sued on all contracts made by said company in any county through which said road runs, after the execution of said lease, and for any cause of action which may accrue to said company, or to which it may become liable after said lease is executed; and it shall have power to make all rules, by-laws and regulations for the government of said company, and tor the working and management of said road, which are necesf:>ary and usual with railroad companies in this State, and which are not in conflict with the Constitution and laws of this State or of the United States.
If a le~se is made it shall be distinctly provided, and it is herein and hereby provided, that all improvement,.,, better-

506

JouRNAL OF THE HousE.

ments or ameliorations wh~tever shall be made at the expense of the lessee or lessees, and no claim for such will ever be entertained or allowed by the State. It is also distinctly provided, if a lease is made, that the lessee or lessees shall at all times keep the said road in good condition, and in condition safely to carry on the business of said road. The State reserves the right to have said property examined at such times and in such manner as to it may seem best, and if by the report of the examiners appointed by the State authorities, it shall appear that the lessee or lessees have depreciated said property, or have permitted the same to deteriorate, so that it is of less value than it was reported to have been in any preceding examination at the time of the commencement of or during the term of said lease, the lessee or lessees shall be liable under their bond for such depreciation or deterioration, and the proper officers of the State shall at once bring suit to collect from said lessee or lessees, or their sureties, a sum of money sufficient to restore Said roaU to its COndition at the datP of the aforesaid previOUS examination.
The lessee or lessees shall be worth, and shall first qualify that he, they or it is or are worth, over and above all liabilities of every character, the sum ol five hundred thou5and dollars, and the sureties, or their representatives or agents, shall qualify before the Governor that said sureties arc worth at least one million of dollars, ovet all and every liability, and that ot said amount there is one million of dollars' worth of security in the State. The Governor shall see to it carefully, in taking the bond, that these regulations are fully complied with. No doubtful security shall be accepted, and the bond shall bind the )e!,'see or lessees and securities for the prompt payment of the rental on the first of each month, and for the return of the road and its appurtenances, at the expiration or termination or forfeiture of the lease, in as good condition as it was in when received by the lessee or lessees. This bond shall be recorded in the Secretary of State's office and filed in the

THURSDAY, SEPTEMBER 1, 1887.

507

Executive office, and may be sued on at any time when there has been a breach of its conditions.
And provided, that said company shall be subject to and required to observe and obey all rules, orders, schedules of freight and pasenger tariffs which are applied to and required from other first-class railroads in this State; and provided further, said company shall not discriminate against any railroad company, or persons, or parties, or places having business connection or relations with said Western and Atlantic Railroad, but all schedules of freight and passenger tariffs shall be so arranged as to give all connecting roads and all places and persons having business relations with said road a fair and equal chance, doing equal justice between them in everything connected with the managemrnt of said road; and provided further, that said lessees or company shall have the exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same liabilities, disabilities and public burthens of all first-class railroad companies in this State, and no more, in all cases where these resolutions are silent and have made no provision on this subject; and it is further provided, that the State pledges her faith to redeem all mortgage bonds on said road which have been issued by the State, together with all intE'rest coupo11s as they fall due, and to save the lessees harmless against said bonds and coupons.
Resolvedfu?ther, All bids for the lease of said railroad, under the terms herein contained, shall be submitted to the Board of Commissioners on or before the first day of November, 1888, and should a bid be submitted conforming to the terms and conditions of these resolutions, and which meets the approval of the Board of Commissioners, said board shall recommend the acceptance, confirmation and ratification of the same by the next succeeding General Assembly, and it shall be the duty of said Board of Commissioners to transmit said bid, so approved by them, together with all other hids for the lease of said railroad, which they may have received, together with all informa-

508

JouRNAL OF THE HousE.

tion upon this subject in their possession, to said next General Assembly on the first day of the session thereof.
Respectfully submitted. W. H. FELTON, of Bartow, R . .<\_,DENNY, J. M. WALKER, of Floyd, J NO. H. PERKINS,
D. R. A. JoHNSON, of Echols, \V)L E. ADAMS, of Greene.
By unammous consent House resolution No. 121, was taken up and read the second time, to-wit :
A resolution, instructing the Governor to advertise for
bids Jor the sale and lease of the W. & A. R. R.
Upon motion, 300 copies of the resolution and the substitute proposed for the same, were ordered printed for the use of the House, also 300 copies of the minority report from the Finance Committee on the resolution, were ordered printed fin the use of the House.
The following me8sage was received from the Senate th rongh Mr. \V. A. Hat-ris, the Secretary thereof:

Jfr. Speake1 :
The Senate has passed the following bill of the House by the requisite constitutional majority, yeas 2.5, nays 8, towit:
A bill to exempt Jrom jury duty one hundred and twentyfive members of the Atlanta Artillery of Atlanta.
The Senate has also passed the following bill of the Senate by the requisite constitutional majorty, yeas 29, nays 0, to-wit:
A hi 11 to amend the charter of the town ot South Rome, in the county of Floyd.
The Senate has also concurred in the following resolution of the How;e, to-wit:

THURSDAY, SEPTEMBER 1, 1887.

.509

A resolution providing for the election of an Associate Justice of the Supreme Court of Georgia.
Untler a suspension of the rules House bills Nos. 591 and 592 were taken up for a third reading.
The following bill was then read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 112, nays 1, to-wit :
A bill to cede to th~ United States of America exclusive jurisdiction over land in the city of Savannah.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill a,; amended, and the bill passed as amended by requisite constitutional majority, yeas 110, nays 0, to wit :

A bill to provide for the taking of land which is private property in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States Government fur a post-office, court-house, and for other purposes.

Mr. McMichael offered the following resolution, which

was read, and, upon motion, referred to the Committee on

Rules, to-wit :

.

Resolved, That on and after Monday, September 5, the

House will hold sessions from 9 a. m. to 12 m., and from

3 p. m. until 5 p. m., on Tuesdays and Thursdavs of each

week.



House bill No. 378, was taken up, read the third time, and put upon its passage.
Upon the passage of the bill, the yeas and nays were called for, which call was sustained.
Upon the call of the roll, the following is the retmlt of the vote:

510

JouRNAL oF THE HousE.

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt. Birch more, Brady, Bray, Browr, of Cherokee, Chappell, Clay of Cobb, Coggins, Coney. CJok, Crawford, Denney, Dodgen, DuBose, Durrance, Fagan, Felton of Bibb, Feather,ton, Fortner, Fordham, Franklin of Fannin, Gardner, Gordon, Greene of Clay, Greene of 1Iadison. Hagan, Hale, Ham,

Harrison of Quitman, Harper, Harris of Catoosa, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howell, Huff, Humphries of Brooks, Hunt, Hutchiwn, Iler, Jones, Ken>lll, Key, Kimbrough, Lumsden, .\lad den, )Jathcws, 1huncy, Mills, Monroe, }!organ, McCord, )IcLendon, )lcKibben, Newton, Nichols, Perkins,

Perry, Pickett, Pittman, Rawls, Reynolds, Rich, Russell of Chatham, Russell of Polk, Schofield, Simmons, Sims, Smith of Glynn, ::lmith of Gwinnett, Stevens, Stewart of Mitcl\ell, 8tovall, Striekland, Tate, Terreli, Thomas, Watts, vVatson. Way, Wei!, West, Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox.

Those voting m the negative were Messrs.-

Berner, Blalock, Brown of Henry. Buchan, Cameron, Candler, Darden, Evans, Felton of Bartow, Fonte,

Griffith, Harvey. Hawkins, Hayes, .Johnson of Echols, Lanier, .l\lixon, )foye, McLane, McMichael,

Preston, Rountree, 8hewmake, Smith of Jefferson, Stewart of Marion, Txylor, Veazey, Walker of Floyd, Walker of Putnam, Worsham.

THURSDAY, SEPTEMBER 1, 1887.

511

Those not voting were Messrs.-

Adams of Elbert, Black, Branch, Brewster, Calvin, Clay of Walton, Comer, Duggan, Felton of Macon, Franklin of Thomas, Gamble, Gibson, Glenn, Gresham, Grindle, Hand,

Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harris of Columbia, Howard, Hughes, Humphries of Clinch, Johnson of DeKalb, ,Johnson of Screven, Kennedy. Lamar, Little of Talbot, McGhee, McGarrity, McCleskey,

Norris, Olive, Page, Parker, Peeples, Ray, Reid, Reilley, Russell of Clarke, Smith of Crawford, Stewart of Rockdale, Vaughn, Vickers, Vining, Wilson, Mr. Speaker.

Yeas 97. Nays 30. Not voting 48.
Having received the requisite constitutional majority the bill passed, to-wit:

A bill to amend an act entitled an act to prohibit the sale of alcoholic, spiritous or malt liquor::> or intoxicating bitters in the county of Pike, after submitting the same to the qualified voters of said county, etc.
Approved Sept. 18, 18R3.

The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill pas;;ed by the requisite constitutional majority, yaes 89 nays 0, to-wit:

A bill to repeal an act entitled an act to establish a Board of Commissioners fur Paulding County.

The following bill was read the third time ; the report of the committe was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 99, nays 0, to-wit :

A hill to incorporate the Louisville, Waynesboro and Alexander Railroad Company.

Under a suspension of the rules, House bill No. 432 was

512

JouRNAL oF THE Hous.~<~.

recommitted to the Committee on the State of the Republic.
By unanimous consent, the following resolution was introduced, read the first time and referred to the Committee on Finance, to-wit :
By Mr. Arnheim-
A resolution to appropriate the sum of one hundred and fifty dollars to pay John M. Graham Esq., for services rendered as stenographer.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committel' on Enrollment, report as duly enrolled and signed by the Speaker of the House and President of the Senate, and delivered to His Excellency the Governor, the following acts, to-wit:
An act to change the time of holding the Superior Courts of the county of Jasper, and for other purposes.
Also, an act to authorize manufacturing and mining companies to become incorporated as savings banks, .and for other purposes.
Also, an act to fix the fees of Justices of the Peace and Nota1ies Public in certain cases, where no fees are now allowed by law.
Also, an act to prevent officers or agents of banks or other corporations from using or borrowing any money of said banks without the permisRion of the Board of Directors.
Also, an act to provide for the extension of the corporate limits vf the city of Columbus.
Also, an act to amend section 288 of the Code.
Also, an act to authorize transferees of tax fi. fas. to collect the lawful rate of interest on said fl. fas. from date of
transfer.

THURSDAY, SEPTEMBER 1, 1887.

513

Also, an act to prevent the sale of opium and its preparations to persons habitually addicted to its use.
Also, an act to amend section 1632 of the Code.
Also, an act to incorporate the town of Woodbury in Meriwether county.
Also, an act to authorize the Governor to issue bonds of the State to an amount not to exceed nineteen hundred thousand dollars and negotiate the same to pay off an amount of the public debt which falls due January I, 1889.
Also, an act to change and define the time of holding the Superior C:ourts iu the Counties of Quitman and Clay.
Also, an act to require a reinvestment of the proceeds of the sale of trust property and a report of the acts of trustees making sales, and to provide a remedy for the failure so to make said reinvestment.
Respectfully submitted. IvY W. DuGGAN, Chairman.

The following bill was read the third time; the report of fhe committee was agreed to ; the proper legal proofs were exhibited, and the bill passed as amended by requisite constitutional majority; yaes 10.5, nay!' 0, to-wit:
A bill to provide a new charter incorporating the town of Teunelle, in the county of Washington, etc.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proof/; were exhibited and the bi'll passed by the requisite constitutional majority, yaes 97, nays 0, to-wit:
A bill to amend an act entitled an act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved Feb. 20, 1873, so as to embrace Richmond within the ptovisions of said act, etc.
Upon motion, House resolution No. 121 was made the 33

514

JouRNAL OF THE HousE.

special order for Tuesday, the 20th day of September, immediately after the reading of the Journal.
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 0, to-wit :
A bill to incorporate the Eastman and Americus AirLine Railroad and confer certain powers and privileges to the same, etc.
The following bill was read tht thild time, to-wit:
A bill to amend section 37u0 of the Code of 1882.
Upon motion, the bill was tabled.
Upon motion, the House adjourned until to-morrow morning, at 9 o'clock.

ATLASTA, GEORGIA,
Friday, September 2, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Hayes.
The roll was called and the f(Jllowing members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim Ashley, Atkinson, Bailey, Belt, Berner, Bii-ehmt>re. Blaek, Blalock,

Hagan, Hnle, Ham, Hand, Hart, Harrell of Decatur, Harrell of 'Vebster, Hnrrison of Fmnklin, Harrison of Quitmnn, Harper. Harris of Catoosa,

Olive, Pnrker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Rawls, Reid, Reilley,

FRIDAY, SEPTEMBER 2, 1887.

515

Brady, Branch, Bray, Brown of Henry, Brown of Cherokee,
Brew~ter,
Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, F.>ute, Franklin of .Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn,
Green of Ciav,
Greene of M~dison,
Gresham, Griffith,

Harvey,

Reynolds,

Hawkins,

Rich,

Hayes,

Rountree,

Henderson,

Rus~ell of Chatham,

Hill of Meriwether, Russell of Clarke,

Hill of Wilkes,

Russell of Polk,

Holland,

Schofield,

Holleman,

Shew make,

Howell,

Simmons,

Hughes,

Sims,

Huff,

Smith of Crawford,

Humphries of Brooks, Smith of Glynn,

Hun.phries of Clinch, Smith of Gwinnett,

Hunt,

Smith of Jefferson,

Hutchison,

Stevens,

. Iler,

Stewart of Mitchell,

John"on of DeKalb, Stewart of Rockdale,

Johnson of Echols, Stewart of Marion,

Johnsor. of Screven, ::-ito vall,

Jones,

Strickland,

Kenan,

Tate,

Key,

Taylor.

Kimbrough,

Terrell,

Lamar,

Thomas,

Lanier,

Vaughn,

Little of Talbot,

Veazey,

Lumsden,

Viekers,

Madden,

Walker of J<'loyd.

Mathews,

Walker of Putnam,

Mauney,

Watts,

Mills,

Watson,

Mixon.

Way,

Monroe,

Wei!,

Morgan,

West,

Moye,

Whaley,

McCord,

Wheeler,

McLane,

Whelchel,

McGhee,

Williams of Harris,

McGarrity, McLendon, McKibben,

Williams of Jackson, Williams of Upson, Wilcox,

McMichael,

Wilson,

Newton,

Worsham,

Nichols.

;\1r. Speaker.

Those absent were Messrs.-

Grindle,

Kennedy,

Page,

516

JouRNAL oF THE HousE.

Harris ol Columbia, Henry, Howard,

McUleskey, Norris,

Ray, Vming.

Mr. Williams, ofthe Committee on Journals, reported that the Journal of yesterday's proceedings_ had been examined and found correct.
The .Journal was then read and approved.

Leave of absence was granted to the following memLers, to-wit: Messrs. Smith of Gwinnett, Coggins, Felton of Macon, Lumsden, Tate, Morgan, Comer, Mixon, McKibben, Smith of Jefferson, Ashley, Gamble, Belt, Darden and Wheeler.

Upon the call of counties for the introduction of Dllw matter, the following bilb and resolutions were introduced, read the first time, and appropriately referred, to-wit:

By Mr. Stewart, of Rockdale-
A bill to amend an act to change the charter of the town of Conyers, Georgia, to that of a city, approved August 24, 1881, so as to authorize the Mayor and City Council of said city to grade, pave, macadamize and otherwise improve the streets and Hidewalks of said city, etc.
Referred to Committee on Corporations.

By Mr. HaganA bill to amend the registration law ot Lowndes county. Referrtd to Committee on Special Judiciary.

By Mr. HughesA resolution for the relief of J. G. Nichols, of the county
of Towns. Referred to Committee on Finance. Also, a resolution for the relief of .James H. Lootle, of
the county of Montgomery. Referred to Committee on Finance.

By Mr. HendersonA resolution f,H the relief of John B. Paulk, of the
county of Irwin. Referred to Committee on Finance.

FRIDAY, SEPTEMBER 2, 1887.

517

By Mr. West-
A bill to authorize the Ordinary of Habersham county,
to sell all insolvent tax ft. fas. belonging to saiii county, etc.
Referred to Committee on Special Judiciary.
By Mr. Greene, of Clay-
A bill to incorporate the Pataula Banking and Cotton Company of Fort Gaines, Clay county, Ga.
Referred to Committee on Banks.
By Mr. FouteA bill to prohibit the sale of alcoholic, malt or vinous
liquors in any quantity, within a radius of three miles of County Line Church, in the county of Bartow.
Referred to Committee on Temperance.
By Mr. HowellA bill to prevent fraud upon travellers by restricting the
sale of tickets to duly authorized agents of the public carriers for which they are sold.
Referred to Committee on Railroads.
By Mr. Mathews-
A bill to incorporate the Fort Valley and Dublin Railroad Company, etc.
Referred to Committee on Railroads.
By Mr. Russell, of Clarke-
A bill to change the time of holding the fall terms of the Superior Courts of Clarke county.
Referred to Committee on General Judiciary.
The Joint Committee to investigate the property of Western and Atlantic Railroad in Tennessee was granted leave of absence for the balance of the week.
Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker :

The Committee on Railroads, to which were referred the

518

JOURNAL OF THE HOUSE.

following bills, direct me to report the same back, with the . recommendation that they do pass, to-wit :
Senate bill to promote the transportation of lumber, naval stores and timber, to provide for the transportation of the samt> by tramways and to fix the mode of laying out such ways.
Also, Senate bill to amend section 4578 of the Cod~ of 1882.
The Committee on Railroads have also had under consideration, ~he following bills, which I am instructed to report back with the recommendation that the i'iame do pass as amended, to-wit:
Seuate bill to incorporate the Way Ctoss Air-Line Railway Company.
Also, House bill to incorporate the Great North & South Railway Company.
The committee have also had under consideration the following House bill, which I am directed to report back, with the tecommendation that it do pass by substitute, to-wit:
A bill to incorporate the Cartersville, Maysville and Knoxville Air-Line Railroad Company.
The committee report back the following House bill with the recommendation that it do not pass, to-wit:
A bill to amend Section 710 of the Code, as to blowing locomotive whistles at public crossings.
I am directed also, to report back the following House bill with the recommendation that the introducer be allowed to withdraw the same, to-wit :
A bill to amend and declare of force, an act to amend the charter of the Bainbridge,Cuthbert & Columbus Railroad Company.
Respectfully submitted. JoHN J. CHAPPELL, Chairman.

FRIDAY, SEPTEMBER 2, 1887.

519

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

Mr. Speaker: The Committee on Education have had under considera-
tion the following bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to establish a system of public schools in the town of Washington, etc.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to amend an act to authorize the corporation of Sandersville to establish and maintain a ><ystem of public schools, and for other purpose1<.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
Mr. Walker, of Putnam, 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 request me to report back, with the recommendation that the same do pass, to-wit:
A bill entitled an act to prohibit the sale of distilled, malt or vinous liquors, within three miles of Gillsville Baptist Church, in Banks county, in this State, and for other purposes.
Also, a bill rntitled an act to prohibit the manufacture of distilled spirits of all kinds within the limits of the county of Clayton, and to provide penalties for the same, and for other purposes. , Respectfully submitted.
N. S. WALK~<;R, Chairman.

520

JouRNAL OF THE HousE.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker :
The Committee on Counties and County Matters have had under consideration the following bills, which I am instructed to report back to the House, with the recommendation that the ::oame do pass, to-wit :
A bill to prohibit the sale of seed cotton in Wilkes CHmty, Georgia, from the 15th day of August to the 15th day of December, in each year.
Also, the following Senate bill, which thPy instruct me to report with the recommendation that the same do pass, as amended, to-wit:
A bill to amend the registration laws of Greene county. Respectfully submitted.
J. M. TERRELL, Chairman.

Mr. Tate, chairman ol the Special Judiciary Committee, submitterl the following report :

Mr. Speaker:
The Committee on Special Judiciary, have had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the second section of an act incorporating the town of Villa Rica in Carroll county, Georgia, approved September 13, 1883.
Also, the following bill, which I am instructed to report baek, with the recommendation that the same do not pass, to-wit:
A bill to allow the Grand Jurors ot the several counties of this State at the Spring term of the Superior Courts to recommend compensation for Justices of the Peace and Notaries Public, etc., acting in courts of inquiry in insol-

FRIDAY, SEPTEMBER 2, 1887.

521

vent cases, to provide for the collection of the same, and
for other purposes. Respectfully submitted. H. W. J. HAM, Chairman.

The following message was received from His Excellency the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. Speaker :
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to authorize manufacturing and mining companies to become incorporated as savings banks, to prescribe the manner of such incorporation, etc., and for other purposes.
Also, an act to fix the fees of Justices of the Peace and NotarieR Public, who are ex-officio Justices of the Peace, in certain ()ases where no fees are now allowed by law.
Also, an act to provide for the extension of the corporate limits of the city of Columbus, in the county of Mnscogee.
Also, an act to change and define the time of holding the Superior Courts in the counties of Quitman and Clay; and to allow the Superior Court to sit two weeks, when necessary, in the county of Clay, and for other purposes.
Also, an act to change the time of holding the Superior Courts of the County of Jasper.
The Governor has also approved the joint resolution approving and confirming the settlement made by the Governor ot the State's claim represented by bonds of the Spartanburg and Asheville Railroad.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Spenker :
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House of

522

JouRNAl. OF: THE HousE.

Representat.ive~ and President of the Senate, the following act, to-wit :
An act to exempt from jury rluty one hundred 11,nd twenty-five members of the Atlanta Artillery, of Atlanta.
Respectfully submitted. IvY W. DuGGAN, Chairman.

Mr. Little, ex-officio chairman of the Committee on Rules, submitted the following report:
The Committee on Rules have had under consideration House resolutions, in relation to the change of the rules as to the introduction of new matter, and report a substitute for said resolutions, which they recommend do pass.
Also, a resolution, in reference to the afternoon sessions of the House, which they recommend do pass, by substitute.
Respectfully submitted. \V111. A. LITTLE, ex-officio Chairman.

The following Senate bills and resolutions were read the first time, and approptiately referred, to-wit :
By Mr. Jackson, of 37th-
A resolution, memorializing Congress to make disposition of the surplus now in the treasury of the United States, and likely to accumulate by distril:mting the same among States for the support of common schools, etc.
Referred to Committee on Education.
By Mr. Wright, of 38th-
A bill to repeal an act entitled an act to create a Board of Commissioners of Roads and Revenues, in the county of Polk, etc. Approved Sept. 28, 1881.
Referred to Committee on Counties and County matters.
By Mr. Dean, of 42d-
A bill to amend the charter of the town of South Rome, in Floyd County.
Referred to Committee on Corporations.

FRIDAY, SEPTEMBER 2, 1887.

523

By :Mr. Daniel of 30th-.
. A bill to prevent the spreading of hydrophobia in this State, etc.
Referred to Committee on Hygiene and Sanitation.

By Mr. Atwood, of 2d-
A bill to .amend an act incorporating the Darien Short Line Railroad Company, approved ~eptember 19, 1885, etc.
Referred to Committee on Railroads.

The following Senate bills and resolutions were read the second time, to-wit :

A bill to amend section 4-)78 of the Code of 1882. Also, a bill to alter and amend the Registration act for the counties of Fioyd, McDuffie, Burke, Randolph, Wilkinson, Greene, etc., approved October 3d, 1885, so far as the same applies to the county of Greene.

By unanimous consent the following names were arldf'd to the minority report from the Finance Committee, submitted yesterday on resolution relating to Western and Atlantic Railroad, to-wit :

Messrs. Felton of Bartow, Denny, Walker of Floyd, Perkins, Johnson ot Echols, and Adams of Greene.
Also, a bill to promote the transportation of lumber, naval stores and timber ; to provide for the transportation of the same by tramways, and to fix the mode of laying out such wavs.
By unanimous consent, the following bill was introduced, read the firHt time, and referred to Committee on Banks, to-wit:
By Mr. Howell-
A bill to incorporate the Piedmont Savings Bank of Atlanta, Georgia.

.The
Wlt:

following

Senate

bills

were

read

the

second

time'

to-

524

JouRNAL OF THE HousE.

A bill to incorporate the Waycross Air-Line Railroad Company, etc.
Also, a resolution providing for the appointment of a Joint Committee to visit Milledgeville and take into consideration the advisability of selling the old Penitentiary lot, etc.
Report of committee agreed to and bill lost. Also, a resolution for the relief of the Staunton Life Association of Virginia. Also, a bill to authorize the Judges of the Superior Courts of this State to call special terms of their courts, to grant charters to corpc,ratiom; under the same rules, regulations and restrictions now required by law for grant of same. Also, a bill to confirm an ordinance of the City Council of Augusta entitled an ordinance to prescribe the time and conditions under which the power of the Angusta Canal will be let and rented, and for other purposes, passed March 24, 1886, etc. Also, a bill to amend an act entitled an act to authorize the corporation of Sandersville to establish and maintain public schools, etc.; approved September 8, 1881, so as to increase the matriculation fee, etc.
House bill No. 399 was taken up for a thirrl reading, and upon motion, the bill was recommitted to Committee on General Judiciary.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited and the bill passed by the requisite conRtitutional majority, yeas 110, nayH 0, to-wit:
A hill to authorize and empowt>r the Mayor and Aldermen of the city of Milledgville to submit to the qualified vote1s ot said city the question of taxation for the support of the Middle Georgia Military and Agriculural College and Eddy School, and for other purposes.
By unanimous consent, House bill No. 425 was recommitted to Committee on R~>ilroads, and House bill No. 765 was recommitted to Committee on Penitentiary.

FRIDAY, SEPTEM_BER 2, 1887.

525

The following bill was read the third time; the report of the committee was agreed to as amended ; the proper legal proofs were exhibited, and the bill passed as amended by the requisite constitutional majority, yeas 97, nays 0, to-wit :
A bill to incorporate the town of Logansville in the county of Walton, and for other purposes.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs exhibited, and the bill passed by the requisite cotntitutional majority, yeas 95, nays 0, to-wit:
A bill to amend an act entitled an act to submit to the qualified voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous or malt, vinous and other intoxicating liquors shall be sold in .':aid towns, etc., approved October 13, 1885.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed by requisite constitutional majority, yaes 100, nays 0, to-wit:
A bill to amend an act, approved Sept. 4, 1885, entitled an act to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb.
House bill No. 414, was taken up for a third reading, and, upon motiOn the bill, was tabled.
The following bill was read the third time; the report of the committee was agreed to as amended, the proper legal proofs exhibited, and the hill passed as amended by the requisite constitutional majority, yaes 102, nays 0, to-wit:
A bill to incorporate the town of Kennesaw, in Cobb county, and for other purposes.
House bill No. 418 was taken up for a third reading, and the same was, 11pon motion, referred to the Committee on General Judiciarv.
The following bill was read the thitd time ; the report of the committee was agreed to; the proper legal proofs

526

JouRNAL OF THE HousE.

were exhibited, and the bill passed by the requisite constitutional majority, yeas 94, nays 0, to-wit:

A bill to amend an act entitled an act to authorize and require the registration of all voters in the county of Cobb, of this State, and for other purposes.

By unanimous consent, House bill No. 421, was withdrawn.

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 89, nay~ 0, to-wit:

A bill to incorporate the Marietta Bank.

Mr. Preston offered the following resolU:tion, to-wit:

Resolved, That when the House adjourns to-day, it adjourns to meet Monday morning at 9 o'clock.

Upon the adoption of this reEolution, the yeas and nays were called for.

U pou the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Greene, Aahley, Belt, Bray. Cook, Darden, Dodgen, Fagan, Felton of Bibb.

Green of Clay, Harrison of Franklin, Harvey, Hawkins, Holleman, Hunt, Kenan, Kimbrough, Lumsden,

Madden, Schofield, Shewmake, l:;tewart of Mitchell, Strickland, Vaughn, Veazey, Way, Wei!.

Those voting in the negative were Messrs.-

Adams of Elbert, Atkinson, Bailey, Brady, Branch, Brown of Henry, Candler,

Hale, Hand, Hart, Harrell of Webster, Harper, Hayes, Hill of Meriwether,

)lcMichael, Newton, Nichols, Peeples, Pickett, Pittman, Preston,

FRIDAY, SEPTEMBER 2, 1887.

527

Chappell, Clay of Cobb, Clay 11f Walton, Coney, Crawford, Denney, DuBose, Duggan, Evans, Felton of Bartow, Featherston, Fortner, Fordham, Fonte, Gibson, Gordon, Glenn,_ Greene of Madison, Gresham, Griffith, Hagan,

Hill of Wilkes, Holland, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Lamar, Lanier, .Mathews, Mills,
~Ioye,
McCord, McLane, McGarrity, McLendon, McKibben,

Reilley, Rich, Rountree, Russell of Chatham. Russell of Clarke, Russell of P~lk,. Simmons, Stewart of Rockdale, t:ltewart of Marion, Stovall, Terrell, Thomas, Walker (,f Putnam, West, Whaley, Wheeler, Whelchel. Williams of Harris, Williams of Jackson, 'Vorsham.

Those not voting were Messrs.-

Arnheim, Berner, Birchmore, Black, Blalock, Brown of Cherokee,
Br~wster,
Buchan, ]alvin. Cameron, Coggins, Comer, Durrance. Felton of Macon, Franklin of Fa~nin, Franklin of Thomas, Gamble, Gurdner, Grindle, Ham,
Harrell of Decatur, Harrison of Quitman,

Harris of Catoosa, Harris of Columbia, Henry, Henderson, Howard. Howell, Johnson of Screven, Jones, Kennedy. Key, Little of Talbot, Mauney, .\iixon, Monroe, Morgan, McGhee, McCleskey, Norris, Olive, Page, Parker, Perkins,

Perry, Ray, Rawls,
Rei g.
Reynolds, Sirns, Smith of Crawford, Smith of Hlynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Tate, Taylor, Vickers, Vining, Walker of Floyd, Watts, Watson, Williams of Upson, Wilcox, Wilson, Mr-. Speaker.

Yeas 27. Nays 82. Not voting 66.

528

JouRNAL oF THE HousE.

So the resolution was lost.
Mr. Preston, offered the following, to-wit:
Resolved, That the House meet to-morrow morning at 7:30 o'clock a. m.
Upoi1 the adoption of this resolution the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adam& of Elbert, Adams of Greene, Ashley. Belt, Birch more, Blalock, Branch. Clay of Cobb, Clay of Walton, Comer, Cook, Dodgen, DuBose, Duggan, Fagan, Feltrm of Bibb, Felton of Macon, Fortner, Fordham, Glenn, Green of Clay, Gresham, Griffith,

Hagan, Hale, Harrell of Webster, HH.rrison of Franklin, Harper, Harvey, Hawkins. Hayes, Holhwd, Hughes. Humphries of Brooks, Hutchison, Iler, Kenan, Lamar, Lumsden, Mathews, Mauney, Mills, McCord, McGhee, McGarrity, McMichael,

Newton, Peeples, Pittman, Preston, Rich, Rountree, Russell of Clarke, Russell of Polk, Schofield, Simmons, Stewart of Rockdale, Stewart of MRrion, Stovall, Strickland, Thomas, Veazey, West, Whaley. Wheeler, Whelchel, Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

Atkinson, Bailey, Berner, Brady, Brown of Henry. Calvin, Candler, Chappell,

Greene of Madison, Hand, Hart, Henderson, Hill of Meriwether, Hill of Wilkes, Howell, Huff,

Nichols, Perkins. Pickett, Reilley, Reynolds, Russell of Chatham, Shewmake, Stevens,

FRIDAY, SEPTEMBEF 2, Hl87.

529

Coney, Cr11wford, Darden, Denney, Evans, Featherston, Fouta, Gibson, Gordon,

Hunt, .Johnson of DeKalb, Johnson of Echols, Kimbrough, Madden, Moye, McLane, McLendon, McKibben,

Stewart of Mitchell, Taylor, Terrell, Vaughn, Walker of Putnam, Way, Wei!, Williams of Harris.

Those not voting were Messrs.-

Arnheim, Black, Bray, Brown of Cherokee, Brews fer, Buchan, Cameron, Coggins, Durrance, Felton of Bartow, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Grindle, Ham, Harrell of Decatur, Harrison of Quitman, Harris of Catoosa,

Harris of Columbia, Henry, Holleman, Howard, Humphries of Clinch, Johnson of Screven, Jones, Kennedy, Key, Lanier, Little of Talbot, Mixon, Monroe, Morgan, McCleskey, Norris, Olive, Page, Parker,

Perry, Ray, Rawls, Reid, Sims, Smith of Crawtord, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Tate, Vickers, Vining, Walker of Floyd, Watts, Watson, Williams of Jackson, Wilcox, Wilson, Mr. Speaker.

Yeas 68. Nays 50. Not voting 57.

So the resolution was adopted.
Mr. Felton, of Bibb, offered the following resolution, to-wit:

Resolved, That all leaves of absence from the session of to-morrow be withdrawn and no more be granted from the session of to-morrow.

Pending the consideration of the resolution Mr. Stevens moved to adjourn.
Upon the question of adjournment the yeas and nays were called for, which call was sustained.
34

530

JouRNAL OF THE HousE.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert,
Bern~r,
Birch more, Brown of Henry, Candler, Chappell, Clay of Walton, Comer, Coney, Crawford, Darden, Denney,

DuBose, Fagan, Green of Clay, Gresham, Hand, Hayes, Hunt, Hutchison, Johnson of Echols, Kimbrough, Mop>,

McCord, McKibben, McMichael, Pickett, Russell of Polk, Stewart of Mitchell, Stewart of Rockdale, Vaughn, Veazey, Williams of Harris, Worsham.

Those voting in the negative were Messrs.-

Adams of Greene, Ashley, Atkinson, Bailey, Belt, Blalock, Brady, Braneh, Calvin. Clay of Cobb, Uook, Dodgen, Evans, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte, Gordon, Glenn, Griffith, Hagan, Hale,

Hart, Harrison of Franklin, Harper, Harvey, Hawkins, Henderson, Hill of Meriwether, Holland, Howell, Hughes, Huff, Humphries of Brooks, Iler, Kenan, Lamar, Lanier, Lumsden, Madden, Mathews, Mauney, Mills, :McGhee, McGarrity,

Newton, Nichols. Peeples, Pittman, Preston, Reilley, Reynolds, Rountree, Russell of Chatham, Russell of Clarke, Schofield, Shewmake, Stewart of Marion, Stovall, Strickland, Taylor, Terrell, Thomas, Walker of Putnam, Whaley, Wheeler, Whelchel, Williams of Jackson.

Those not voting were Messrs.-

Arnheim, Black,

Henry, Hill of Wilkes,

Rawls, Reid,

SATURDAY, SEPTEMBER 3, 1887.

531

Bray, Brown of Cherokee, Brewster, Buchan, Cameron, Coggins, Duggan, Durrance, Felton of Bartow, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Greene of Madison, Grindle, Ham, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harris of Catoosa, Harris of Columbia,

Holleman, Howard, Humphries of Clinch, Johnson of DeKalb, Johnson of Screven, Jones, Kennedy, Key, Little of Tal bot, Mixon, Monroe, Morgan, McLane, McLendon, McCleskey, Norris, Olive, Page, Parker. .Perkins, Perry, Ray,

Rich, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Tate, Vickers, Vining, Walker of Floyd, vV atts, Watson, Way, Wei!, West, Williams of Upson, Wilcox, Wilson, Mr. Speaker.

Yeas, 34. Nays, 70. Not voting, 71.

So the motion was lost.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 7! o'clock.

ATLANTA, GEORGIA,
Saturday, September 3, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by Rev. Mt. Hayes.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert,

Hale,

Nichols,

532

JoyRNAL oF THE HousE.

Adams ef Greene, Arnheim, Ashley, Atkinson, Bailey, Berner, Birchmore, Blalock: Brady, Branch, Bray, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Olay of Walton, Coggins, Coney, Oook, I rawford, Darden, Denney, Dodgen, DuBose, Duggan, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, Foute, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Hagan,

Ham Hand, Hart, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins. Hayes, Henderson, Hill of Meriwether, Holland, Holleman, Howell, Hughes,
Hufl~
Humphries of Brooks, Hunt, Hutchison, Iler, ,Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, Kenan, Key, Kimbrough, Lamar, Lanier, Madden, Mathews, Mauney, Mills, Moye, McCord, McLane, McGhee. McGarrity, McLendon, McMichael, Newton.

Olive, Peeples, Perkins, Pickett, Pittman,
Pr~ton,
Rawls, Reillev, Reynolds, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Putnam, Watson, Way, Wei!, West, Whaley, Whelchel, Williams of Hlirris, Williams of Jackson, Wor8ham, Mr. Speakbr.

Those absent were Messrs.-

Belt, Black,

Hill of Wilkes, Howard,

Parker, Perry,

SATURDAY, SEPTEMBER 3_. 1887.

533 .

Brown of Henry, Brown of Cherokee, Brewster, Buchan, Comer, Durrance, Evans, Felton of Macon, Franklin of Fannin, Franklin of Thomas, Grindle, Harrell of Wehster, . Henry,

Humphries of Clinch, Jones, Kennedy, Little of Talbot, Lumsden, Mixon, Monroe, Morgan, McKibben, Mc()Jeskey, Norris. Page,

Ray, Reid, Smith of Jefferson, Tate, Vaughn, Vining, Walker of Floyd, Watts, Wheeler, Williams of Upson, Wilcox, Wilson.

Mr. Ham, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit:

Messrs. Monroe, Hill of Wilkes, Evans, Johnson of Echols. Fortuer, Blalock, Veazey, McLean, Gardner, Greene of Madson, West, Williams of Jackson, Kimbrough and Olive.
By unanimous consent, House bill No. 414, was taken from table.

The bill was then read the third time; the report of the
committee was agreed to ; the proper legal proofs were exhibited, and the bill passed ty the requisit~ constitutional majority, yeas 90,, nays 0, to-wit :

A bill to amend paragraph 30, section 1, of an act approved March 2, 1874, entitled an act to organize a county court in each of the counties of Calhoun, Baker, Quitman and Miller, to define jurisdiction, etc.

The following bill was read the third time ; the report of the committee, which was favorable to the passage of the bill by substitute, as amended, was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:

534

JoURNAL oF THE HousE.

A bill to incorporate the Macon and Alabama Railroad Company, and for other purposes.
The following bill was read the third time; the report of the committee was agreed to, and the bil! passed, as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit :
A bill to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company, etc.
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 88, nays 0, to-wit :
A bill to incorporate the St. Marys, Satilla and Turtle Rivers Canal Company, and for other putpose,;.
ThP following bill was rearl the third time; the report ot the committee was agreed to; the proper legal proofs were exhibited, and the bill pass1~d by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows' Hall, at Cains, Gwinnett county, Georgia.
The following bill was read the third time; the repot't uf the committee was agreed to; and the proper legal proofs were exhibited, and the bil4 passed by the requisite consti-
tuional majority ; yeas 9v, nays 0, to-wit :
A bill to authorize the Congregation Benay Israel of Columbus, Georgia, to sell and by proper deeds to convey to the purchasers title to certain lands held by them for church purposes in Columbus, Georgia, and for other purposes.
The following bill was read the third time ; the report of the Committee was agreed to, and upon motion the bill was tabled, to-wit:
A bill tu amend section 3704 (a) of the Code.

SATURDAY, SEPTEMBER 3, 1887.

535

The following bill was read the third time, and upon motion, the bill was tabled, to-wit:
A bill to amend sections 1341 and 1344 of the Code, as to Trustees of Lunatic Asylum.
House bill No. 439 was taken up for a third reading, and upon motion the bill was tabled.
House bill No. 440 was also tabled.
Upon motion House bill No. 441 was recommitted to to Committee on General Judiciary.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited and the bill passed hy the requisite constitutional majority, yaes 89, nays 0, to-wit :
A bill to create the office of Inspector of Road's for the county of Jasper, to provide for the manner of his appointment, his duties, etc.
The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, and the bill paf'sed by substitute by the requisite constitutional majority, yaes 90, nays 2, to-wit :
A bill to define the offence of black mail ; to prescribe a penalty, etc.
House bill No. 452 was taken up, and upon motion, the bill was tabled.
The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to; the proper legal proofs were exhibited and the bill passed by substitute, by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill to better protect the lands and farming interest in the 743rd Militia District of Georgia, Taylor county.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were

536

JouRNAL oF THE HousE.

exhibited, and the bill passed by the requisite constitutional majority, yeas 9f>, nays 0, to-wit:
A bill to authorize the Mayor and Council of the town of Thomasville, to issue $15,000 worth of bonds for park purposes.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit :
A bill to amend the charter of the town of Thomasville by extending the corporate limits for police purposes only.
The following bill was read the third time; the report of the committee was agreed to and, upon motion, the bill was tabled, to-wit:
A bill to amend section 4662 of the Code.
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, yaes 88, nays 0, to-wit:
A bill to fix the compensation of the Sheriff of the Supreme Court, and provide the t..J.anner of its payment.
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, yaes 90, nays 0, to-wit:
A bill to repeal sections 742 and 743 of the Code of Georgia, and to provide how mining companies may obtain rights of way.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proof'l were exhibited, and the bill passed, as amended, by the aeq uisite constitutional majority, yeas 88, nays U, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Clayton, etc.

SATURDAY, SEPTEMBER 3, 1887.

537

Upon motion, House bill No. 99 was taken from the table, and reinstated upon the calendar.
Mr. McLendon, chairman pro-tem, of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finance havP had under consideration the following bill, which they instruct me to return to the House with the recommendation that it do pass, to-wit :
A bill to appropriate five thousand dollars to the U niversity of Georgia, to complete its branch college at Dahlonega, and supply the same with proper school furniture.
Also, a resolution which they recommend to pass as amended, to-wit :
A resolution releasing M. C. Martin, surety on the penal bonds of Allen Johnson, Henrietta .Thomas and Warren Dennis, and for other purposes.
Respectfully submitted. S. G. McLENDON, Chairman pro-tem.
Upon motion House bill No. 471 was made the special order for Friday, September 9th, immediately after the reading of the Journal.
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 90, nays 0, to-wit:
A bill to incorporate the town of Bartow, in Jefferson county, to grant certain powers, etc.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed as amended by requisite constitutional majority, yeas 95, nays 0.

A bill to ratify the consolidation of the Augusta & Knox-
ville R. R., Company and the Port Royal & Augusta Rail-

538

JouRNAI~ OF THE HousE.

way Company, as Jar as they are corporations under the laws of Georgia, etc.
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, nay:> 0, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien, to define their powers, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to provicle for the registration of the qualified voters of Berrien county, etc.
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 1, to-wit:
A bill to provide for the amendment of affidavits to foreclose liens.
The following bill was read the third time; the report of the committee was agreed to, as amended ; upon motion the bill was recommitted to Committee on Hygiene and Sanitation, to-wit :
A bill to levy and collect a tax on physicians not permanently loeated, etc.
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 88, nays 0, to-wit:
A bill to amend an act entitled an act to repeal an act to so far modify the laws against lotteries, as to enable Wm. W. Boyd, of the city of Atlanta, and Mrs. Wm. Wilson, Mrs. Mary A. Williams, et. al., the powers herein granted, to adopt a scheme to raise money for the purpose of building a home for and supporting indigent widows and orphans,

SATURDAY, SEPTEMBER 3, 1887.

539

etc., approved Dec. 12, 1866, etc., by striking out and repealing the third section of said act.
The following bill was taken from the table and the same read the third time; the report of the committee was agreed to ; upon the passage of the bill the yeas and nays were called for, which call was not sustained, and the bill passed by the requisite constitutional majority, yeas 102, nays 11, to-wit:
A bill to prescribe the time for cutting turpentine 'boxes and fixing a penalty for the violation of the r,ame.
Upon motion the bill was ordered to be immediately transmitted to the Senate.
Upon motion House bill 480 was recommitted to Committee on General Judiciary.
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 0, to-wit:
A bill to prohibit county officerl:l and attorneys at law from being jury commissioners in this State.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proof.<; were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta; approved February 28, 1874, and the several acts amendatory thereof, so as to provide for the election and service of another Assistant Tax Receiver and Assessor, etc.
The following bill was read the third time: the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill paRsed, as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to repeal an act incorporating the town of Swains-

540

JouRNAL OF THE HousE.

bl)ro, in Emanuel county, and to provide a new charter therefor.
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 0, to-wit:
A bill to incorporate the Austell Banking Company, to dPfine its powers and duties, etc.
The House then adjourn('d until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, September 5, 1887,

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by Rev. Mr. Hayes.

The roll was called, and the following members answered to their name8:

Those present were Messrs.-

Adallls of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt. Berner, Birch more, Brady, Branch. Bray, Brown of Henry, Brown of Cherokee, Buchtu1, Calvin, Camero11,

Hagan, Hale. Ham. Hand, Hart, Harrell of Decatur, Harrison of Franklin. Harrison of Quitman. Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henderson, Hil. ..,f Meriwether, Howard,

Parker, Peeples, Perkins, Pickett, Piltman, Preston. .K.ay, Rawls, Reilley, H.eynolds, l{ich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, t:)chofield, Shewmake,

MoNDAY, SEPTEMBER 5, 1887.

541

Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fordham, Foute, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Gresham, Griffith, Grindle,

Howell,

Simmons,

Hughes,

Sims,

Huff,

Smith of Cr!lwford,

Humphries of Brooks, Smith of Glynn,

Hut<ohison,

Smith of Jefferson,

Iler,

Stevens,

Johnson of DeKalb, Stewart of Mitchell,

Johnson of Echols, Stewart of Rockdale,

Johnson of Screven, Stewart of Marion,

Kenan,

Stovall,

Kimbrough,

Strickland,

Lamar,

Tate,

Lanier,

Taylor,

Mauney,

Terrell,

Mills,

Thomas,

Moye,

Veazey,

McCord,

Vickers,

McLane, McGhee,

Walker of Putnam, Watts,

McGarrity,

Watson,

McLendon, McKibben,

Way, Weil,

McCleskey,

Whaley,

McMichael,

Wheeler,

Newton,

Whelchel,

Nichols, Norris, Olive,

Williams of Upson, Worsham, Mr. Speaker.

Those absent were Messrs.-

Black, Blalock, Brewster, Uomer, Durrance, Evans, Felton of Macon, Fortner, Franklin of Fannin, Gardner,
Greene of Madison, Harrell of Webster, Henry,
Hill of Wilkes,

Holland, Holleman, Humphries of Clinch, Hunt, Jones, Kennedy, Key, Little of Talbot, Lumsden, Madden, Mathews, Mixon, Monrue,

Morgan, Page, Perry, Reid, Smith of Gwinnett, Vaughn, Vining. Walker of l<'loyd, West, Williams of Harris, Williams of .Jackson, Wilcox, Wilson.

Mr. Ham, of the Committee on Journals, reported that the Journal had been examined and found correct.

542

JOURNAL OF THE HOUSE.

The Journal was then read and approved.
Leave of absence was granted to the following members, to-wit : Messrs. Whelchel, Madden, Worsham, Little of Talbot, Comer, Holland, Clay of Walton, and Hart.
Upon motion House bill No. 261, which was the special order for to-morrow was vacated, and the same made the special order for Thursday next, immediately after the readIng of the Journal.
Upon motion of Mr. McCord, House bill No. 99, was made the special order for to-morrow the 6th instant, immediately after the reading of the Journal.
By unanimous consent, the following Senate bill was taken up, and the same 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 0, to-wit:
A bill to amend an act to incorporate the Atlantic, Birmingham and Great 'Vestern Railway Company, etc.
By unanimous consent, House bill No. 865, was withdrawn.
Upon the call of counties for the introduction of new matter, the following bills were introduced, read the first time and appropriately referred, to-wit:,
By Mr Brown, of CherokeeA bill to authorize administrators, executors, guardians
or trustees to sell lands belonging to the estates of their decedents, wards or cestue, give trust at private sale when such lands contain deposits of gold, silver or other valuable metal, rock, etc.
Referred to Committee on General Judiciary.
By Mr. McKibbenA bill to incorporate the Jackson and Indian Spring
Railroad Company, and to confer certain powers and privileges on said company, etc.
Referred to Committee on Railroads.

MoNDAY, SEPTEMBER 5, 1887.

543

By Mr. WorshamA bill to incorporate the city of Culloden, in the county
of Monroe, to define the limits of the same, etc. Referred to Special Judiciary Committee.
By Mr. Adams, of Greene-
A bill to amend section 4373 of the Code of 1882. Referred to General ~udiciary Committee.
By Mr. Morgan-
A bill to provide for the return of distress warrants. Referred to Committee on General Judiciary.
By Mr. Cameron-
A bill to alter and amend an act, providing for the registration of voters of Telfair county.
Referred to Committee on Counties and County Matters.
By unanimous consent House Resolution No. 18 was recommitted to Committee on Finance.
Under a suspension of the rules House bill No. 77 was taken up, and the same read the second time, to-wit:
A bill to appropriate five thousand dollar;; to the U niversity of Georgia to complete its branch college at Dahlonega and to supply the same with proper school furniture, etc.
The following bill was read the third time; the report of the committee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed as amenderl by the requisite constitutional majority, yaes 97, nays 0, to-wit:
A bill fixing the fees of the Ordinary of Chatham com1ty.
By unanimous consent the following House resolution was read the second time, to-wit:
A resolution to relieve E. A. Pollock, tax collector of Pulaski county, etc.
The following bill was read the third time ; the report

544

JouRNAL oF THE HousE.

ot the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 9,, nays 0, to-wit:
A bill incorporating the Georgia Mutual Insurance Company.
By unanimous consent, the following bill was read the second time, to-wit:
A bill to prescribe the duties of th~ Jury Commissioners of the several counties of this State, in reference to excluding the names of certain county officers from the jury boxes, etc.
The following bill was read the third time ; the report of the committee was agreed to, which was favorable to the passage of the hill by substitute ; the proper legal proofs were exhibited, and the bill passed by substitute, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to create a Board of Assessors for Chatham county, etc.
By unanimous consent, House bill No. 504, was withdrawn.
House bill No 502, was taken up for a third reading, and, upon motion, the.bill was tabled.
The following bill was rea<;l the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 94, nays O, to-wit:
A bill to provide for election of Vice-President Exchange Bank of Macon, Ga.
By unanimous consent, the following bill was read the second time, to-wit :
A bill to require and provide for the registration of the legal voters of Thomas county, etc.
Upon motion the bill was recommitted to Committee on 8pecial Judiciary.
The following bill was read the third time ; the repo'rt

MoNDAY, SEPTEMBER 5, 1887.

545

of the committee was agreed to ; the proper legal proofs were exhibited and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit :
A bill to amend the several acts incorporating the town of Palmetto, in county of Campbell, and for other perposes.
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 90, nays 0, to-wit:
A bill to fix the time for the adjournment of the Superior and City Courts in the State of Georgia.
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 0, to-wit :
A bill to require defendants in ejectment cases, to with-
draw affidavits of torgery in ejectment cases in all cases, when it shall appear that said deed or deeds have been lost in the possession of the defendant or his counsel.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary, thereof:
Mr. Speaker :
The Senate has passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend section 4578 of the Code of 1882, so as to allow the railroads in this State to give prompt, continuous and uninterrupted transportation to '3hipments of watermelons and other fruits and vegetables, perishable in their nature, and for other purpos~s ; passed by the requisite constitutional majority; yeas 23, nays 15.
A.ls~, a hill to be entitled an act to amend paragraph 1, of sectiOn 2, of article 6, of the Constitution ; passed by the requisite constitutional majority ; yeas 35, nays 0. . Al~o, a bill to authorize, require and provide for the regIstration of the qualified voters of Brooks county, and for
35

546

JouRNAL OF THE HousE.

other purposes; passed by the requisite constitutional majority; yeas 31, nays 0.
The Senate has also passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to authorize the town of Cedartown in Polk County, Georgia, to establish and maintain a system of public schools for said town, and for other purposes; passed by the requisite constitutional majol'ity ; yeas 27, nays 0.
Also, a bill authorizing the Commissioners of Roads and Revenues ot Burke county, to issue and sell bonds ot the county for building a jail, and for other purposes ; passed by the requisite consitutional majority; yeas 30, nays 0.
Also, a bill to amend an act to incorporate the Columbus Railroad Company ; passed as amended by the requisite constitutional majority ; yeas 27, nays 0.
Also, a bill to amend an act to incorporate the Metropolitan Street Railroad Company, and for other purpose~, approved Dec. 12, 1882, oo as to authorize said company to nse any motive power for its cars on any of its lines that its officers may think be:st for its interest; passed as amended by the requisite constitutional majority ; yeas 25, nays 4.
Also a bill to repeal. section "2" of an act to organize ll Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes, approved February 23, 1876 ; passed by the requisite constitutional majority; yeas 24, nays 0.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed as amended by requisite constitutional majority, yaes 90, nays 0, to-wit
A bill to establish the City Court of Newnan; to define its jurisdiction and powers, and for other purposes.
The following bill was read the third time; the report of the committee was agreed to as amended, and the bill

MoNDAY, SEPTEMBER 5, 1887.

547

passed as amended by the requisite constitutional majority, yeas 88, nayA 2, to-wit:
A bill to make oral slander a misdemeanor; to pro"vide punishment 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 the requisite constitutional majority, yeas 100, nays 0, to-wit :
A bill to amend an act to incorporate the West End and Atlanta Strem Railroad Company, etc., approved August 26, 1872, by granting to said company, which now exists under the corporate name of the West End and Atlanta Street Railway Company, the right to exist under its present organization, and to extend its line to Westview Cemetery, and for other purposes.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit :
A bill to prohibit the manufacture or sale of spirituous or malt liquors within two miles of Trinity Methodist Church, in the county of Gwinnett, and for other pmposes.
Mr. Wheeler moved to take up House resolution No. 176, which relates to evening sessions of the House.
Upon this motion, the yeas and nayr-; were called for, which call was not sustained.
The motion to take up the resolution did not prevail.
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, yPas 93, nays 0, to-wit:
A bill to consolidate, amend and supercede the acts incorporating the town of Greenville, in the county of Meriwether; to provide for Mayor and Councilmen, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs

548

.JouRNAL OF THE HousE.

were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authorize and empower the trustees of the Second Presbyterian Ohurch, Columbus, Georgia, to sell and convey the title to CPrtain lots of land held by them for church purposes; to direct the disposition of the proceeds, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to incorporate the Bank of Cuthbert, to be located in Cuthbert, Georgia, etc.
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 90, nays 0, to-wit:
A bill to prescribe the time within which tax fl. fas. may
be enforced, and for other purposes.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, September 6, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Heidt.
The roll was called, and the following members' answered
to their names :

Those present were Messrs.-

Adams of Elbert. Adams of Greene, Arnbeim, Ashley,

Hart, Harrell of Decatur, Harrell of Webster, Harrison of F1anklin,

Page, Parker, Peeples, Perkins,

TUESDAY, SEPTEMBER 6, 1887.

549

Atkinson, Bailey,. Belt, Berner, Birchmore, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Cook. Crawford, Darden, Denny, Hodgen, DuBose, Duggan, Evans. Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Ulay, Green of Madison, Gresham, Griffith, Grindle, Hagan,

Harrison of Quitman, Perry,

Harper,

Pickett,

Harris of Catoosa,

Pittman,

Harris of Columbia, Preston,

Harvey, Hawkins,

Ray, Rawls,



Hayes,

Reid,

Henderson.

Reilley,

Hill of Meriwether, Reynolds,

Hill of Wilkes,

Rich,

Holleman.

Rountree,

Howard.

Russell of Chatham,

Howell,

Russell of Clarke,

Hughes,

Russell of Polk,

Huft:

Schofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hunt,

Sims,

Hutchison,

Smith of Crawford,

Iler,

Smith of Glynn,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Smith of Jefferson,

Johnson of Screven, Stevens,

Kenan,

Stewart of Mitchell,

Key,

Stewart of Rockdale,

Kimbrough,

Stewart of Marion,

Lam at,

Stovall,

Lanier,

Stricklar:1>

Little of Talbot,

Tate,

Lumsden,

Taylor,

Madden,

Terrell,

Matthews,

Thomas,

Manney,

Vaughn,

Mills,

Veazey,

iHixon,

Vickers,

Monroe,

Walker of Floyd,

Morgan,

Walker of Putnam,

Moye,

Watson,

McUord, McLane,

Wav. '
Wei!,

McGhee,

West.

McGarrity,

Whaley,

McLendon,

Wheeler,

McKibben,

Whelchel,

McCleskey,

Williams of Harris,

McMichael,

Williams of Jackson,

Newton,

Williams of Upson,

550

JouRNAL OF THE HousE.

Hale, Ham, Hand,

Nichols, Norris, Olive,

Wilcox, Worsham, Mr. Speaker.

Those absent were Messrs.-

Black, Brewster, Comer, Durrance, Fortner,

Gardner, Henry, Holland, Jones,

Kennedy, Vining, Watts, \Vilson.

Mr. Williams, of the Committee 011 Journals, reported that the Jollfnal of yesterday's proceedings had been examined and found correct.

TheJournal was then read and approved.

Leave of absence was granted to the following members, to-wit: Messrs. Thomas and Mills.

By unanimous consent, House bill No. 851!, was recommitted to the Committee on Agriculture.

The hour for the special order having arrived, npon motion of Mr. McCord, House bill No. 99, was taken up.

Upon motion, the time of debate on the pending bill was limited to thirty minutes.

The bill was read the third time ; the report of the committee, which was favorable to the passage of the bill, was agreed to.

As the bill provided for an appropriation, it was necessary that the vote should be taken by yeas and nays.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheirn, Ashley, Atkinson, Belt, Berner,

Hagan, Ham, Hart, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harris of Columbia,

Olive, Page, Peeples, Perkins, Perry, Pittman, Preston,

TUESDAY, SEPTEMBER 6, 1887.

551

Birchmore, Bray, Brown of Henry, Brown of Cherokee, ]alvin. Cameron, Candler, Chappell, Clay of Cobb, Coggins, Coney, Crawford, Denney, Dodgen, DuBose, Duggan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute, Gamble, Gibson, Gordon, Glenn, Green of Clay, Gresham, Griffith, Grindle,

Hawkins,

Ray,

Hayes,

Reid,

Hill of Meriwether, Reilley,

Hill of Wilkes,

Rountree,

Holleman,

Russell of Chatham,

Howell,

Russell of Clarke,

Hughes,

Russell of Polk,

Huff,

Schofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, . Simmons,

Hunt,

Sims,

Hutchison,

Smith of Glynn,

Johnson of Screven, Smith of Jefferson,

Kenan, Key, Kimbrough,

. Stevens,
Stewart of Rockdale. Strickland,

Lamar,

Tate,

Lanier,

Terrell,

Madden,

Veazey,

Mathews,

Walker of Floyd,

Mauney,

Watson,

Mills,

Way,

Mixon,

Whaley,

Morgan,

Whelchel,

Moye,

Williams of Harris,

Mc<Jord,

Williams of Jackson.

McGhee,

Williams of Upson,

McLendon,

Worsham.

McCleskey,

Those voting in the negative were Messrs.-

Blalock, Branch, Cook, Fagan, Fordham, Franklin of Fa~nin, Hale, Hand, Harper, Harris of Catoosa, Henderson,

Johnson of DeKalb, Johnson of Echols, Little of Talbot,
McGa~rity,
McKibben, McMichael, Newton, Parker, Pickett, Rawls,

Reynolds, Rich, Smith of Crawford, t>tewart of Mitchell, t>tewart of Marion, Stovall, Thomas, Vickers, Walker rof Putnam, Wheeler.

Those not voting were Messrs.-

B~tiley, Black,

Greene of Madison, Harrell of Webster,

Nichols, Norris,

552

JouRNAL OF THE HousE.

Brady, Brewster, Buchan, Clay f Walton, Comer, Darden, Durrance. Evans, Fortner, Franklin of Thomas, Gardner,

Harvey, Henry, llolland, Howard, Iler, Jones, Kennedy. Lumsden, Monroe,
~lcLane,

Smith of Gwinnett, . Taylor, Vaughn, Vining, Watts, Weil, West, Wilcox, Wilson, Mr. Speaker.

Yeas 106. Nays 31. Not voting 38.

Having received the requisite constitutional majority, the bil'l was passed, to-wit:

A bill to appropriate the sum of five thom.and dollars, or so much thereof as may be necessary, for the purpose of repairing the buildings of the University of thE' State of Georgia.

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

Mr. Speaker :
The General Judiciary Committee have had under consideration the following bills of the House, which they instruct me to report back, with the recommendation that they do not pass, to-wit :
A bill to provide for the sale of property in certain cases, where there are remainder interests thereon.
Also, a bill to amend section 4579 of the Code. Also, a bill to settle and define certain boundary lines of certain wharf lots in Savannah. Also, the following Senate bill which they recommend do not pass, to-wit :
A bill to restrict the rates of interest and charges for the u::;e and loan of money upon deeds to real estate.
Also, the following bill, which they recommend be referred to the Committee on Agriculture, to-wit:

TUESDAY, SEPTEMBER 6, 1887.

553

A. bill to repeal the inspection laws and to abolish all

offices created thereby, in so far as they appertain to the

inspection of fertilizers.

R L. BERNER, chairman.

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

Mr. Speaker:

The Committee on Finance have bad under consideration the following resolution, which they instruct me to return to the House, with the recommendation that it do pass, to-wit:

A resolution authorizing the Governer to draw his warrant on the Treasurer in favor of John M. Graham, for one hundred and fifty dollars, for services rendered as steno. grapher to Special Committee on Lunatic Asylum.

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

A resolution authorizing the Governor to draw his warrant on the Treasurer in favor of W. L. McCullough, for one hundred dollars, for preserving and returning certain papers belonging to the State.

Also, a resolution for the relief of 8. M. Douthit, late tax collector of Fannin county.

I am also directed to return the following Senate bill to the House with the request that it be read a second time, and recommitted, to-wit :

A hill to regulate the business of insurance in this State

and for other purposes.

'

Respectfully submitted.

W:r.r. W. GORDON, Chairman.

House bill No. 534, was taken up for a third reading, and, upon motion, the bill was tabled.
By unanimous consent, House resolution No. Hi8, was

554

JouRNAL oF THE HousE.

withdrawn from the Committee on Temperance and recommitted to Committee on Finance.

By unanimous consent, House bill No. 615, was with-

drawn.





House bill No. 77, was taken up for a third re~ding; as the same provided for an appropriation, upon motion the
House went into a Committee of the Whole House. Mr.
Pittman in the chair.

Mr. Pittman, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole Honse have had under consideration House bill No. 77, which they instruct me to report back, with the recommendation that the same do pass.
The following bill was then read the third time ; the report of the committee was agreed to; upon the passage of the bill the previous question was called, whicla call was sustained and the main question ordered; as the bill provided vided for an appropriation it was necessary that the vote should be taken by yeas and nays.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Belt. Berner, Birchm?re, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Buchan, Calvin, Chappell,

Ham,

Olive,

Hart,

Page,

Harrison of Franklin, Parker,

Harrison of Quitman, Peeples,

.Harris of Columbia, Perkins,

Hawkins,

Perry,

Hayes,

Pittman,

Hill of Meriwether, Preston,

Hill of Wilkes,

Reid,

Howell,

Reilley,

Hughes,

Russell of Chatham;

Huff,

Russell of Clarke,

Humphries of Brooks, Schofield,

TUESDAY, SEPTEMBER 6, 1887.

555

Clay of Cobb, Clay of Walton, Coggins, Crawford, Denney, Dode;en, Duggan, Felton of Bartow, Felton of Bibb, Felton of Macon, Foute, Franklin of Fannin, Gamble, Gordon, Glenn, Greene of Clay, Griffith, Grindle, Hagan,

Humphries of Clinch, Hunt, Hutchison, .Johnson of Screven, Kenan, Key, Kimbrough, Lamar, Madden, Mathews, Mauney, Morgan, Moye, McCord, McLane, McGhee, McLendon, "1\IcCleskcy,

Shewmake, Simmons, Sims, Smith of Glynn, Stevens, Stewart of Rockdale, t:ltovall, Strickland, Tate, Veazey, Walker of Floyd, Watson, Way, Weil, Whelchel, Williams of Harris, Williams of Jackson, ~Williams of Upson.

Those voting in the negative were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Cameron, Candler, CJok, DuBose, Fagan, Feathergton, Fordham, Gibson, Gresham, Hale, Hand, Harrell of Decatur, Harper,

Harris of Catoosa, Harvey, Henderson, Holleman, Howard, Iler, Johnson of DeKalb, Johnson of Echols, Lanier, Little of Talbot, Mills, Mixon, McGarrity, McKibben, McMichael, Newton,

Nichols, Norris, Pickett, Rawls, Reynolds, Rich, Rountree, Stewart of Mitcl<ell, Stewart of Marion, Taylor, Terreil, Thomas, Vickers, Walker of Putnam, Wheeler, Wilson.

Those not voting were Messrs.-

Black, Blalock, Brewster, Comer, Coney.' Darden, Durrance,

Greene of Madison, Harrell of 1Vebster, Henry. Holland, Jones, Kennedy. Lumsden,

t:lmith of Gwinnett, Smith of Jefferson, Vaughn, Vining, Watts, West, Whale'y,

556

JouRNAL OF THE HousE.

Evans, Fortner, Franklin of Thomas, Gardner,

Monroe, Ray, Russell of Polk, Smith of Crawford,

Wilcox, Worsham, Mr. Speaker.

Yeas 94. Nays 49. Not voting 32.

Having received the requisite constitutional majority, the bill passed, to-wit :

A bill to appropriate five thousand dollars to the University of Georgia to complete its branch college at Dahlonega, and to supply the same with proper school furniture.

Upon motion the bill was ordered to be immediately transmitted to the Senate.

Upon motion, House bill No. 370, was made the special order for Thursday next the 8th instant, immediately after the completion of the first special order fixed for that day.

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

ilfr. Speaker:
The Senate has passed the following bill of the Senate by the requisite constitutional majority, yeas 27, nays 0, to-wit:
A bill to be entitled an act to amend an act to incorporate the Rome Street Railroad Company, and to define its powers, etc., approved on the 12th day of December, 1884.
The Senate has also passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend an act to establish a system of public schools in the city of l\.lewnan, Ga., and for other purposes; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also a bill to be entitled an act to incorporate the Brunswick & Atlanta Railroad Company and define its rights, powers and privileges, and for other purposes; passed by the requisite c'onstitutional majority; yeas 26, nays 0.

TUESDAY, SEPTEMBER 6, 1887.

5fi

The Senate has refusec.J to pass the following bill of the House, to-wit :
A bill to be entitled an Act to provide for pleading and proving a failure of consideration of any promissory note or other instrument in writing given for commercial fertilizers, guano or manures, and to prescribe a penalty for failure to state the consideration in the face of any negotiable promissory note or any other negotiable instrument given for the same.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

.Hr. Speaker :
The Governor has approved and signed the following acts of the General Assembly, to-wit :
An act to exempt from jury duty one hundred and twenty-five members of the Atlanta Artillery of Atlanta.
Also, an act to prevent efficers or agents of Banks or other corporations from using or borrowing any money or other property of said banks or other corporations without the permission of the Board of Directors ; to provide a penalty fo\' a violation of this act, and for other purposes.
Also, an act to authorize transferees of tax fl. fas. to collect the lawful rate of interest on said .fl. jas. from date of
transfer; provided, the same has been duly recorded as prescribed by law.
Also, an act to require a reinvestment of the proceeds of the sale of trust property, and a report of the acts of trustees making sales and to provide a temedy for the failure, so as to make said reinvestment and report, and for other purposes.
Also, an act to amend section two hundred and eightyeight (288) of the Code ot 1882.
Also, an act to amend section 1632 of the Code of 1882
by adding to said section the folluwing words : " nor to'

558

JouRNAL.OF THE HousE.

persons engaged in the m~nufacturing and selling of jugs, flower pots," etc.
Also, an act to authorize the Governor of this State to issue bonds of the State to an amount not to exceed nineteen hundred thousand dollars, and negotiate the ,;ame for the purpose of raising money with which to pay off an amount of the public debt which falls due .January 1, 1889, not otherwise provided for, and for other purposes connected therewith.
Also, an act to incorporate the town of Woodbury, Meriwether county, Georgia; to provide for a town council and prescribe their powers and duties, and for other purposes.
Also, an act to amend an act to incorporate the Rome and Carrollton Railroad Company, approved Aug. 3\l, 1881, and the acts amendatory of said act so as to change the name of said corporation to th(J Chattanooga, Rome and Columbus Railroad Company.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, ready for the signatures of the Speaker of the House of Representatives and President of the Senate the following act, to-wit :
An act to amend an act entitled an act to amend an act entitled an act to incorporate the town of Salt Springs, in county of Douglas, and to provide a Mayor and Council lor said town, etc. approved, Dec. 21, 1886, so as to remove the corporate limits of said town from the entire lands of J. B. Humphries, a citizen of Cobb county, or so much of the lands of said Humphries as lies in the county of Douglas, and the corporate limits of the town of Salt Springs.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Wheeler offered the following resolution, which was read and not agreed to, to-wit :

TlTESDAY, SEPTEMBER 6, 1887.

559

ReJJol'!Jed, That when the House adjourns to-day, it ad-
journs to meet at 7! o'clock, p. ni., and the night session
be devoted to reading House bills favorably reported the second time.
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 0, to-wit:
A bill to authorize the Ordinaries of the several counties
of this State to issue fl. fas. tor their fees and costs, and to
prescribe for the direction, return and enforcement of the same.
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 98, nays O, to-wit:
A resolution to relieve E. A. Pollock, tax collector of Pulaski county.
Upon motion, the rules were suspended and the following House bills were taken up and the Senate amendments thereto were concurred in, to-wit.:
A bill to amend an act to incorporate the Metropolitan Street Railroad Company, approved Dec. 12, 1882, so as to authorize said company to use any motive power for its cars on any of its lines that its officers may think best for its interest.
Also, a bill to amend an act to incorporate the Columbus Railroad Company.
Upon motion, the rnles were suspended and the following Senate bill was taken up, and the same read the first time: and referred to the Committee on General Judiciary, to-w1t:
By Mr. Davidson, of 18th-
A bill to amend paragraph 1, of section 2, of article 6, of the Constitution of this State, so as to increase the num-

560

JouRNAL oF THE HousE.

ber of Judges of the Supreme Court of this State from three to five, to consist of a Chief ,Justice and four Associate Justices, etc.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill by substitute ; the bill passed by substitute, by requisite constitutional majority, yeas 91, nays 0, to-wit :
A hill to prescribe the duties of the Jury Commissioners of the several counties of this State, in referrence to exclud ing the names of certain county officers from the jury boxes of the several counties, etc.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill as amended; and the bill passed as amended by the requisite constitutional majority, yeas 93, nays 3, to-wit:
A bill to incorporate the Albany Savings Bank, etc..
The House then adjourned until to-morrow morning at 9 o'clock.

ATLA,STA, GEORGIA,
Wednesday, September 7, 1887.

The Honse met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called and the following members answered to their names :

Those present were Messrs.-

Adttms of Elbert, Adttms of Greene, Arnheim Ashley,

Hale, Ham, Hand, Hart,

Norris, Olive, Page, Parker,

WEDNESDAY, SEPTEJIIBER 7, 1887.

561

Atkinson, Bailey, Belt, Berner, Birch more. Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cnmeron, Cnndler, Chappell, Clay of Cobb, Clay of walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrnnce, Evnns, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordhnm, Fo1Ute, Franldin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay,
36

Harrell of Decatur, Peeples,

Hurrell of webster, Perklns,

Hnrriwn of Franklin, Perry,

Harrison of Quitman, Pickett,

Harper.

Pittman,

Harris of Catoosa,

flreston,

Harris ol Columhia, Uay,

Harvey,

}~awls,

I-Iawkins,

Reid,

Hayes,

Reilley.

Henderson,

Jkynolds,

Hill nf ::lleriwcthcr, Hich,

Hill of \Vilkes,

Rtn.lntree,

Ho1Lmc1,

HnS>cll of Chatham,

Holleman,

RnsEcll of Clarke,

Howard,

Hu"ell of Polk,

Howell,

fkhofi(~l(l,

II ughe~,

She\Ynlake,

Huff.

Sin1n1ons,

Humphries of Brooks, Si1n::;)

Hun.phries of Clinch, Smith of Crawforc1,

Hunt,

Sn1ith of G1ynn,

II utchison,

Smith of Gwinnctt,

Iler,

Smith of J eftcrson,

John,on of DeKnlb, StflYCll~,

.Johnson of Echols, StPwnrt of )litchell,
.rohnsor. of t:lcreven, Stcw:nt of Rockcblc,

Kenan,

Stewart of Marion,

KPy,

Stovall,

Kimbrough,

t:ltrickland,

Lamar,

Tate,

Ijunier,

Taylor,

I,ittle of Talbot,

Terrell,

Lumsden,

Thoma3,

Maudcn,

\Taughn,

Mathews,

Veazey,

l\lnuney,

Vickers,

1\Iills,

"\Valker of Floyd,

Mixon,

\Vnlker of Putnam,

Monroe,

vVatts,

Morgan,

-watson,

Moye,

Way,

McCord,

"\V cil,

l\lc Lane, l\JcGhec,

Whaley, Wheeler,

McGarrity, McLendon,

Whelchel, Williams of Harris,

562

JouRNAL OF THE HousE.

Greene of I\Iadison, Gresham, Griffith, Grindle, Hagan,

McKibben, McCleskey, Me Michael, Newton, Nichols.

Williams of Jackson, Williams of Upson, Wilcox, Worsham, Mr. Speaker.

Those absent wete Messrs.-

Fortner, Henry, Jones,

Kennedy,
Vtnin~,

West, Wilson.

Mr. Ray, of the Committee on Journalf;, reported that the Joumal had been examined and found correct.
The Joumal was then reaJ and approved.

Leave of absence was granted to the following members, to-wit:

Messrs. Clay of Walton, Whaley, Greene of Clay, Newton and Cameron.

Mr. Gibson gave notice that at the proper time, he would move to reconsider so much of the action of the House on yesterday as r<:Jlates to House bill No. 445.

l\Ir. Gibson moved to reconsider so much of the action of the House on yesterday as relates to House bill NO.
445. Upon motion of Mr. Tate, the motion to reconsider was
tabled.
Upon motion of 1\fr. Calvin, House bill No. 57, was taken from the table and reinstated upon the calender, after to-day.
By unanimous consent, House bill No. 359, was taken from the table and reinstated upon the calender.
By unanimous consent, House bills Nos. 116, 784 and 832, were withdrawn.
By unanimous consent, the following Senate bill was read the third time; the report of the committee was agreed
to; the proper legal proofs were exhibited, and the bill

WEDNESDAY, SEPTEMBER 7, 1887.

563

passed by the requisite constitutional majority, yeas 93, nays 0, to-wit :
A bill to amen.d an act entitled an act to authorize the corporation of Sandersville, to establish and maintain public schools, etc., apptoved Sept. 8, 1881, so as to increase the matriculation fee, etc.
The following message was received from the Senate through Mr. W. A. Ranis, the Secretary thereof:

Mr. Speaker :
The Senate has pas~ed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to prevent the running at large of all horses, mules, cattle, sheep, goats and swine in Crawford county; passed by the requi~:;ite constitutional majority; yeas 23, nays 0.
The Senate has also passed the following bills of the Hon~e by the requisite constitutional majority, to-wit:
A bill to incorporate the North and South Short Line Railway Company; passed hy the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to provide for the payment of insolvent criminal costs to the oflieers of the County Court of Hancock county, and for other purposes; passed by the requisite constitutional majority ; yeas 24, nays 0.
Also, a bill to regulate the capture of terrapins in the waters of this State; to provide penalties for a violation of the same, and for other purposes; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend an act entitled an act to incorporate the Georgia Loan and Trust Company, approved September 26th, 1883; passed by the requisite constitutionmajority; yeas 27, nays 1.
Also, a bill to prevent the robbing or destruction of the nests .of mocking birds; of their eggs and young birds with-

564

JouRNAL oF THE Homm.

in the incorporate limits of the town of Madison; passed by the requi:;ite constitutional majority; yeas 28, nays 0.
Also, a bill to provide a system of puh}ic schools for the city of Covington and the county of Newton; passed by the requisite constitutional majority; yeas 27, nays 0,
Also, a bill to amend an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, and for other purposes; passed by the requi,;ite constitutional majority; yeas 27, nays 0.
The Senate bas al~o pr,sscd the following bills of the Hoti.~o, with cc>rtain amendments, by the requisite constitutional majority, to-wit:

A bill to appropriate tho snm of Nine Thousand Dollars for the purpose of completing, repairing and furnishing the buildings of the Georgia Institution {or the education of the Deaf and Dumh; passed by the requisite constitutional majority; yeas ;3G, nays 0.
Also, a bi 11 to pnwidc tor and require the registration of voters in Newton county; passed by the requisite constitutional majority; yeas 23, nays 0.

The Senate has also passetl the following resolution of

the Honse by the requisite constitutional majority, yeas 31,

nays 0, to-wit:



A resolution, direeting the Treasurer to refund to Mrs. S. H. 1\Ieadro, $21.4G, excess over tax and costs, covered into treasury and ari~ing from the sale of wild land lot No. 184, 7th di:::trict, E,th section of originally Carroll, now
Haralson county.

The Senate has also concurred in the House amendments to Senate bill to incorporate the Atlantic, Birmingham aud Great western Railway Company, and for other purposes.

The Special Committee appointed to visit Tennessee to investigate the property of the \Vestern and Atlantic Rai~ road, was granted leave for Monday and Tuesday of th1s
week.

WEDNESDAY, SEPTE:I>IBER 7, 1887.

56f)

The hour for the special order having arrived, upon motion, Housf bill No. 673, was taken up.
The followiug bill was then read the third time ; the report of the Committee of the 'VJwle House was not agreed to, which was advetse to the pasf'age of the bill; as the bill provided for an appropriation it was ncces,:;nry that the vote should be taken by yeas ami nays.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adan"' of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Bray, Brown of Cherokee,
Brew~tcr,
Calvin, Candllr, Chnppell, Clay of Cobh, Clay of Walton, Con1er, Cuney, Cook, Cra wt'ord, Darden, Denney,
Dod~cn,
DnB,"c, Duggan, .Durrance, Evans, Felton of Bartow, Felt'>n of Bibb, F(lton of llractm, Featherston,

Grindle, Ha;:atJ, Hale, Ham, Hart, Hand! nf D(>eHtnr, Harri'flll of Franklin, I-!arri"''ll of Quitman, Harper, llarri~ uf Cntoosa, Hanis of Columbia,
ILtl'VC_Y,
llaye,, Hill nf :\fpriwether, IIll of Wilke>, Ho\\ell, H nghPs~ Hufl; Hunt,
Hutehi~on,
I ier,
.John>"n of DeKalb, ,Jphn~on uf Eehols, 1\:t>nan, Key, Ki 111 brough, Lanwr. Little of Talbut,
Lum~den,
;\latlrlen, 1\Iathtwo, .\lauttey, ::Hixon,

Nichols, OliYe, Page, l'arkcr, PePple,, 1-'t~rkins .. Pickett,
Pittman~
Preston, ltay, Ila wls~ Heid, l:t>illey, Honntree, ltn"c'l of Chatham, Hu~stll of Clarke, Jlu,-,;ell of Pulk. i:kboflclt!, t:lhewlllake, SimJnt)nf", t-lmitb of Glynn, StP\'CIIS. tltPwart of :.\litchell, t-ltovall, t:ltri<>k land, Tate. Taylor, Terrell, Thorn as, v-ua:;-;ey,
\Valker of Floyd, \Valker of PLltnam, Watts,

566

JouRNAL oF THE HousE.

Fordham, Foute, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Griffith,

Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon, :McKibben, McCleskey,

Watson, Way, Wei!, Wheeler, Williams of Harris. Williams of Jackson, Williams of Upson, . Wilcox, Worsham.

Those voting in the negative were Messrs.-

Brady, Branch, Brown of Henry. Buchan, Cameron, Coggins, Fagan, Greene of Madison, Gresham, Hand, Harrell of Webster,

Hawkins. Henderson, Holleman, Howard, Humphfies of Brook>, Lanier, ~I ills. Monroe, McMichael, Newton, Norris,

Perry, Reynolds, Rich, Sints, Smith of Craw lord, Stewart of Rock<l,ale, Stewart of Marion, Vaughn, Vicl<ers, Whelchel.

Those not voting were Messrs.-

Adam& of Elbert, Fortner, Franklin of Thomas, Henry, Holland. Humphries of Clinch,

,Johnson of Screven. Jones,
Kennedy, Smith of G winnett,
Smith of .refferson,

Vining, West,
Whal~y.
wilson, Mr. Speaker.

Yeas 127. Nays 32. Not voting 16.

Having received the requisite constitutional majority, the bill passed as amended, to-wit:

A bill to amend, revise and consolidate the common school laws of the State of Georgia.

Mr. Harrison, chairman of the Committee on Corporations, :mbmitted the following report :

Mr. 8peake1:
The Committe on Corporations have had under consideration the following bill, whieh they instrt<ct me to report back, with the recommendation that it do pass.

WEDNESDAY, SEPTEMBEF 7, 1~87.

567

A bill to incorporate the Tittle Guarantee and Loan Company, of Savannah.

Also, the following bill which they recommend do pass by substitute, to-wit:

A bill to extend the corporate limits of Sparta, Georgia; proofs correct.

Also, the following bills which they recomm(jnd. do pass, as amended, to-wit :

A bill to amend the act incorporating the town of Carnes-

ville; proofs correct.



Also, a bill to incorporate the Guaranty l\Iutual Insurance Company; proof<; correct.

Also, a bill to establi;;h a new charter for the town of Camilla, and grant certain privileges, etc.; proofs correct.
Respectfully submitted. \VILLIAl'II HARRISON, Chairman.

Mr. N. S. Walker, of Putnam, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :
The Committee on Temperance ha,e had under consideration the following bills, whieh they request me to report back, with the recommendation that the same do paRs, to-wit:

A bill entitled an act to prohibit the sale of spirituous, malt or other intoxicating liquors within three miles of Mount Carmel Church, in walton county.
Also, a bill entitled an act to prohibit the manufacture, sale, exchange, bartering or furnishing, for a valuable consideration, of spirituous, vinous, malt, or other intoxicating Iiquori!, hitters or mixtures in the county of DcKal h, and to prescribe a penalty for a violation of the same.
Also, a bill to regulate the sale of spirituous liquors in this State, which they request that the author have the privilege of withdrawing the same.
Also, a bill to amend an act to incorporate the town of

568

JouRNAL OF THE HousE.

Rising Fawn, in the county of Dade, so as to repeal the right of Commissioners to regulate the sale of spirituous liquors, which they request me to report back, with the recommendation that it do pai's, by substitute; pmols correct.
Respectfully submitted. N. S. \VALKER, Chairman.
1\Ir. Chuppell, Chairman of the Committee on Railroads, submittl;d tlw following report :
JJ!r. 8pcu!;e,:
The Committee on Hailroad,; have had under consideration tlw f(Jilowing bill:, "hich I am directed to report back, with the ncommeudation that they do pass as amended, to-wit:
Honse bill :Ko. G01, to incorporate the Albany, Cuthbert Birmingham & \Ve,-tern Hailrohd Company.
Al:-;o, b<>nate bill Ko. 75, to ineorporte the DuPont, Macon & Florida Hailroacl Company.
The cummittl'c also report back the following bill with the recommt'!Hlation that the introducer be allowed to withdraw the :-;ame, to-wit:
IlmJ.e bi 11 K0. 1o:1, to illCUl'j)llrate tht Griffin, LaGrange
& \Ye.t<m H~1ilroad Company. Rl'~ pec:tfully :-:ubm i ttcd, Tnos. ,J. CH.\l'PELL, Chairman.

Upon motion, Hou:-:t bill No. 18!1, which wa,; the special onkr f(n to-day \\as di."'plaeed, and the same made the special ordn tor to-nwnow the 8th instant.
l\lr. \\'IHl!lcr, oif(red thl follmring rt~-olution which was read and adopll'd, to-\\'it:
Rc8olter1, That the morning oe"':-;ion of to-day be extended until fin minutts after thl di><.,olutwn of the joint ses~ion.
Upon tlw call of eountil'" for the introduction of new

WEDNESDAY, SEPTEMBER 7, 1887.

569

matter the,following bills were introduced, read the first time, and appropriately referred, to-wit:
By l\lk McLendon-
A bill to amend an act. to regulate the leasing out of Penitentiary convicts by the Govcrnol', anthorizing him to make contracts in relation thcl'eto, and for other purposes, approved Feb. 25, 187G, so as to pt>nnit tlw seY<~ral counties of this State to retain each the con\'ict.~ tried am! sentenced in ~aid county, to create a Board of Prison Commissioners and define its duties, etc.
Refened to Com111ittee on Penitentiary.
By 1\ir. Gresham-
A bi!J to regulate the fees of the Solicitor and County Comt of \Ya !ton and the costs of the the J udg<: of said court in certain cases.
Referred to Committee on Speci:1l .Tndiciary.
Also, a bill to repeal the ngistratiou law now of force in Walton county, passed in 188- and 18d.), and to pass another in which there ,:hall be anm:al rt'gi~ti'ation, etc.
Referred to Committee on General Judiciary.
By l\h. GardnerA resolution for the tclicf of ,J. L. Kennedy, of the county
of Pike, etc. Referred to Committee on Finance.
By l\lr. Hawkins-
A bill f(n the protcetiou of binb ancl other game in Newton county.
RcfetTcd to CommittPe on Counties and County .\Iatters. By :Mr. Mathe,v.~-
A rL!solntion f(n the rclif'! of .J. A. Flournoy. Referred to Committle ou Finanec. By l\Ir. Williams, of Hani~-
A bill to t'l'ljllite the owmrs of horses, mules, cow,;;, hogs, sheep and goats, and cattle and ;;tock of all kinds; to pre-

570

JouRNAL OF THE HousE.

vent the same from running at large upon the lands of another, whether inclosed or uninclosed in the. following malitia districts, to-wit: 672 Hamilton, (Milners) upper 19th Catawba and Blue Springs.
Referreu to Committee on Agriculture.
A resolution for the relief of Samuel J. Hunt, tax collector of Harris county.
Referred to Committee on Finance.
By l\Ir. Smith, of Glynn-
A bill to amend section 4573 of the Code of Georgia, of 1882, so as to make wife whipping a felony, and to prescribe the pe!lalty thcrPfor, etc.
Referred to Committee on General Judiciary.
By ~:Ir. Howell-
A bill amending the chartet of the city of Atlanta, and providing the conditions under which spirituous liquors may be sold in Fulton county.
Referred to Committee on Corporations.
Abm, a bill to incorporate the Mcrehants and Mechanical Banking and Loan Company, of Atlanta, Ga.
Rcf(rrcd to Committee on Banks. Also, a bill to be entitled an aet to incorporate th~ :Mutual Loan and Banking Company, etc. Referred to Committee on Banks.
By Mr. Atkin~on-
A bill to ineorporate the Cowetta Bank, and for other purpose!-l.
HefPrrc<l to Committee on Banks.
l\Ir. Perry, chairman ]JI'O tern. of the Special Judiciary Committee, submitted the following report:

JJ11. Spcul:cl':
The Committee on Special ,Judieiary, have had under contiidPration tlw following bill, which they instruct me to

WEn:NESDAY, SEPTEMBER 7, 1887.

571

report back, with the recommendation that the same do pass, to-wit :
A bill to prevent the running at large, in Lee county, Georgia, of all horses, mules, cattle, sheep, goats and swine, to provide penalties for its violation, and for other purposes.
Respectfully submitted. JoHN P. PERRY, Chairman pro tem.

The hour having arrived tor convening the joint session of the General Assembly, the Senate entered the hall of the Honse of Representatives, and the joint session was called to order by Hon. John S. Davidson, President of the Senate.
The resolution for a joint session of the two Houses was then published.
The President announced that the convening of the joint assembly was for the purpose of electing an Associate Justice of the Supreme Court, to fill the unexpired term of Hon Samuel Hall, deceased.
Mr. Terrell put in nominution the name of Hon. Thomas J. Simmons, of the county of Bibb.
Which nomination was seconded by Messrs. Felton of Bibb, Smith of Glynn and Moye, also by Messrs. Powell, of 22nd District and Roberts of the 14th.
Mr. Arnheim put in nomination the name of Hon. John T. Clarke, of the county of Randolph, which nomination
was seconded by Mrssrs. Jackson of the 37th, Hand of the 9th, Tate, Brewster, Feathetstone, Reid and Russell of Clarke.
Mr. McCord put in nomination the name of Hon. J. S. Hook of the county of Richmond, which nomination was seconded by Messrs. Shewmake, Johnson of Scri\en, Bray and Pringle of the 20th.
Upon the call of the roll of the Senate, the following is the result ofthe vote:

572

JouRNAL oF THE HousE.

Those voting tor Simmons are Messrs.-

Atwood w. H.
Brannen J. F. Brantley W. G. Butt \V. B. Courtenay \V. H. Dean Linton A. Dilworth John ll. Hawkes \-V. J\1.

James ,J. S. Lewis J\1 iles W. .Md(amy ,las. A. J\IcCants ,J. J. J\leLcod .John D. Peck '.V. L. Powell R. ,J. Hitchie J. JII.

Robins John W. Hoberts D. l\1. Rusk ,J. E. t;irmans F. B. Smith W. E., of lOth. tSmith Joel A., of 21st. wotforcl A. P. Wright B. F., of 38th.

Those voting for Clarke are :Messrs.-

De,Jarnette J. T. Faver Paul Fo,ter K Guerry T. L.

Hamilton .J. L. Hand .J. L. Hnnd l. H. Higdon :::lamucl

,Taekson R H.
Livingston Thos. J.
Northcutt .r. ,J.

Those voting for Hook are Messrs.-

Danif'l Yonng _._-\.. J,amkin S.C.

l'rinp;le C. R

l\Ir. President.

\Vright ll. G., of 1st.

Those not voting are Messrs.-

Davis Lewis A. Douglass .John A.

Smith A. H., of 6th. Turnipseed R. A.

Upon the eall of the roll of the House, the following is the result of the vote:

Those voting for Simmon,; are Messrs.-

Atkinson, Belt, Bern,r, Birch more, Black, Blalock, Brady. Brant'h, BrllWII of Henry, Brown of Cherokee, Buchan,
c~uneron,
Clay of Cobb, CPggins, Couwr, Coney, Dar<len,

Grt~s.ha1n,
GrindiP, Hale,
ll:tlll,
llarri"m of I<'ranklin, Ilarper, Iiarris of Catoosa, lia rn y, Hawkins. Henderson, Holleman, llup;hes, II 11tf, Ilnnt, Hnte!Jison, ller,
K_eiHUl,

_\le )[ichael, N iclwls, _Ptl.ge, Hay, Hawls, lt..ynolds, HJb;ell of Chatham, lt11%ell of Polk.
~~-'~lotie]d,
Sim1non::;, :-illlith of Cmwford, Slllith of Glynn,
Stewart of Huckdale,
st.. wart of l\Iarion,
'l'<nell, Thomas, Vaughn,

WEDNESDAY, SEPTEMBER 7, 1887.

573

Dodgen, Durrance, Evans, Fagan, Felton of Bibb, Fordham, Fonte, Frunklin of Fannin, Gardner,

Key, Lumsden, 1\'Iadden, :Mathews, Mauney, :Morgan, MoyP, .McGhee, 1\IdCibben,

Walker of Floyd, Whelchel, williams of Harris, Williams of Jackson, "\Villiums of Upson, Wilcox, \Vorsham, Mr. Speaker.

Those voting for Clarke are Messrs.-

Arnhcim, Ashley,
Bail~y.
Brew>tcr, Candler; Chappell, Clny of \Val ton, Cook, Felton of Macon, Featherston, Franklin of Thomas, Gordon, Green of Clay, Griffith, Hngnn, Hand, Hart, Hurrell of Decatur, Harrell of W cbster, Harrison of Quitman,

Hnyes, Hill of i\Ieriwether, Hill of Wilkes, Humphries of Brooks, II umphries of Clinch, ,Johnson of DcKalb, Kimbrough, Lanier, Little of Talbot, l\J ills, 2\lixon, ~Ion roe,
~IcLane,
l\I cGarrity, 1\IcLenclon, 2\I cCleskey, Newton, Olive, l>arker, Peeples,

Pickett, Pittman, Reid, Heillcy, Bich, Rn>'se\1 of Clarke, Stevens, 8tewart of i\Iitchell, Stovall, Strickland, Tate, Taylor, \Teazcy, Viekers, \Valkcr of Putnam, \Vatts, \Vay, \Veil, 'Vhuley, 'Vhccler,

Those voting for Hook ate Messrs.-

Adams of Elbert, Adams of Greene, Bray, Calvin, Denney, DuBose, Duggan, Felton of Bartow, Gamble,

Gibson, Glenn, Greene of Madison, Harris of Columbia, Howard, Howell, Johnson of Echols, Johnson of Screven, Lamar,

l\IcCorcl, Norris, Perkins, Perry, Rountree, Shewmake, Sims, Smith of Jefferson, Watson.

Those not voting are Messrs.-

Crawford, Fortner, Henry, Holland,

Jones, Kennedy, Preston, Smith of Gwinnett,

Vining, West, Wilson.

574

. JouRNAL oF THE HousE.

Upon counting and consolidating the vote it appeared that the whole number of votes cast was 204, necessary to a choice 103. The Hon. T. J. Simmons received 101 votes
I
Ron. J. T. Clarke, received 70 votes. The Hon. J. S. Hook received 32 votes.

No ont> having received a majority of all the votes cast, the President declared there had been no election, and another ballot was ordered.

lvh. Harrison, of Quitman, moved to dissolve the joi~t
session to reconvene to-morrow at 12 m., which motion was
lost.
Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Simmons are Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Dean Linton A. Dilworth J e>hn H. Foster E. Hamilton J. L.

Hawkes ,V, M. James J. S. Lewis Miles W. McKamy Jas. A. McCants J. J. McLeod John D. Peek W. L. Powell It. J. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith W. E. of lOth. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th.

Those voting for Mr. Clarke are Messrs.-

DeJarnette J. T. Faver Paul Guerry T. L.

Hand J. L. Hand I. H. Higdon Samuel

Jackson R. H. Livingston Thos J. Northcutt J. J.

Those voting for Mr. Hook are Messrs.-

Lamkin S.C. Pringle C. R.

Wright H. G. ot 1st. Mr. President.

Those not voting are Messrs.-

Davis Lewis A. Douglass John A.

Smith A. H., of 6th. Turnipseed R. A.

Mr. Daniel voting fot Mr. Hall.

Upon the call of the roll of the House, the following is the result of the vote :

WEDNESDAY, SEPTEMBER 7, 1887.

575

Those voting for Mr. Simmons are 1\Iessrs.-

Adams of Elbert, Atkinson, Berner, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Buchan, Cameron, Clay of Cobb, Coggins, Comer, Coney, Crawford, Darden, Dodgen, Durrance, Evans, Fagan, Felton of Bibb, Felton of Macon, Fordham, Foute, Glenn, Gresham, Grindle,

Hale, Hum, Harrison of Franklin, Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henderson, Holleman, Hughes, Huff, Hunt, Hutchison, Iler, Johnson of Echols, Lumsden, Madden, Mathews, Mauney, Mills, Morgan, Moye, McLane, McGhee, McKibben, McMichael,

Nichols, 11:tge, 1lay, l~a wls, TIPynolds, ltns,;cll of Chatham, l!nsoell of Polk, Sdwlielcl,
t';i tllll10TlS,
Smith of Crawford, 8mith of Glynn, Stewart of Hockdale, Stewart of .Marion, Strickland, Ttrreii, TlJoJnas, \"":lnghu, ''il'kcr5, \Valker of Floyd, \Vhccler, \Vbelehcl, \Villiams of Harris, \Villiams of Jackson, \\'illiams of Upson. \Vilcox, \Vorsbam, 11Ir. 8peaker.

Those voting for Mr. Clarke are 1\Icssrs.-

Arnheim, Ashley, Bailey, Birch more, Brewster, Candler, Chappell, Clay of Walton, Cook, Denney, Featherston, Franklin of Fannin, Franklin of Thomas, Gardner, Gordon,

Harrell of Decatur, Parker,

Harrell of Webster, Peeples,

Harrison of Quitman, Pickett,

Hill of Meriwether, l'ittman,

Hill of Wilkes,

Heid,

Humphries of Brooks, ]{.,ilJcy,

Humphries of Clinch, Jtich,

Johnson of DeKalb, Bussell of Clarke,

Kenan,

Sims,

Key,

Stevens,

Kimbrough,

Stewart of Mitchell,

Lanier,

8tuvall,

Little of Talbot,

Tate,

Mixon,

Taylor,

Monroe,

Veazey,

576

JouRXAL OF THE Homm.

Greene of Clay, Greene u[ M a<lism, Gritnth,
I-Ingan~
Hand, Hart,

)lcGarrity, .McLendon,
~IcCieokey, ~ewton,
Olive,

\Valker of Putnam, \Vatts, \Vay, \Yeil, IV haley.

Those voting for Mr. Hook are Messrs.-

Adams of Grc8ne, l:lelt. Bray, Cahin, DuB.JS(',
l)n~~g~U1:
Feltcll uf Bartow,

Gamhle, Gi b~on, ~-Iarri~ of Columbia. Howard, 1--Iowcll, .J uh tl.;;;.on of Screven,
1"amar,

McCord,' N orl'is, Perkins,
P(~rryJ
Hountrec,
Sh{~\\'Jnake,
t:imith of J eflerson.

Tbosc> not voting were ~Iessrs.-

Fortner,
H~._)nry.
Hullall(l, Jvuc::::,

1\.cnnc,]y.
Prt.'t-tt)Jl.
SIJ,ith of Gwinnett. Vining,

IVa !son. IV est, \Vi bon.

Upon conntin~ arH1 con,:;olidating the vote it appeared that lhc totalnnml>er of yo,.__s c ,,;t were :20-!, nece~sary to a
choice 10:~. Ron. T ..J. Simmor1s received 109 votes, Ron. John T. Clarke n'ccivcd 70 voteH, Hon. J. S. Hook received
23 Yotes ~md Hon. John I. Hall rect'ivcd one vote.

Hun. T. ,J. Simmons having a majority of all the votes
cast \Ya;.; declared duly elcekd A'l~oc:iate Justice of the
Supreme Conrt to-fill the unex]'ired term of l-Ion. Samuel Hall, uic:('ascJ; term p,.pi:i11'~ .hnuary 1st 1889.

1Jpon motion 1he _j01" c ~,c;sfil,n was dissolved, the Senate retiring; thl' H us.~ ' ,r:; called to order by the Speaker.

Upon motion the Honse adjourned until to-morrow morn-

ing at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, September 8, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

THtTRSDAY, SEPTEMBER 8, 1887.

577

The roll was called, ll.nd the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Coggins, Vomer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan,
Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute,
Franklin of Fannin,
37

Ham,

Olive,

Hand,

Page,

Hart,

Parker,

Harrell of Decatur, Peeples,

Harrell of Webster, Perkins,

Harrison of Franklin, Perry,

Harrison of Quitman. Pickett,

Harper,

Piltman,

Harris of Catoosa,

Preston.

Harris of Columbia, Ray,

Harvey,

Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Henderson,

Rountree,

HiL of Meriwether, Russell of Chatham,

Hill of Wilkes,

Itussell of Clarke,

Holleman,

Russell of Polk,

Howard,

Schofield,

Howell,

Shewmake,

Hughes,

Simmons,

Huff,

Sims,

Humphries of Clinch, Smith of Crawford,

Hunt,

Smith of Glynn,

Hutchison, Iler,

Smith of Gwinnett, Smith of Jefferson,

Johnson of DeKalb, Stevens,

Johnson of Echols, Johnson of Screven, Kenan, Key,

Stewart of Mitchell, Stewart of Itockdale, Stewart of Marion, Stovall,

Kimbrough,

Strickland,

Lamar,

Tate,

Lanier,

Taylor,

Little of Talbot,

Terrell,

Lumsden, Madden, Mathews, Mauney, Mixon, Monroe, Morgan, Moye,

Vaughn, Veazey, Vickers, Walker of ]'loyd, Walker of Putnam, Watts, Watson, Way,

578

JouRNAL OF TIIE HmJsE.

Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Gresham, Griffith, Grindle, Hagan, Hale.

McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleokey,
J\Ie~Iichacl,
Nichols, Norris,

Wei!; . Whaley,
\Vbceler, Whelchel, \Vii Iiams of Harris, \Villiams of .Jackson, Williams of Upson, Wilcox, \Vorshum, Mr. Speaker.

Those absent were 1\lessrs.-

Clay of Walton, Fortner, Gardner, Greene of Madison, Rolland,

Humphries of Brooks, Kennedy, Jones, Mills, Newton,

Rich, Thomas, V...-ining, \Vest, '\Vilson.

Mr. Preston, of the Committee on .Journals, reported that the Journal ofyestertlay's proceedings had been examined and found correct.

The Journal, was then rend and approved.

The following message was received from His Excellency, the Governor, through Mr. \V. H. Harrison, Clerk of the Executive Department:

Mr. Speaker:
I am directed by His Excellency, the Governor, to deliver to the House ofRepresentathcs a communication in writing:
ExECUTIVE DEPARTMENT,
ATLAN'.rA, GA., September 8, 1887.
To the General Assembly :
I have the honor to inform you that the resignation of Hon. Thomas J. Simmons, as Judge of the Supel'ior Courts of the Macon Judicial Cirenit, has been, this day, accepted. It will devolve upon the General Assembly, at its present session, to fill the vacancy thus created in said office, of which the term will expire January l, 1891.
J. B. GORDON.

THURSDAY, SEPTEl\IBER 8, 1887.

579

By unanimous consent, the messnge from his Excellency, the Governor, was taken up and rend.
Mr. Felton, of Bibb, offered the following resolution, which was read and adopted, to-wit:

. conRceusorrlvinedg',

by the that the

Honse Senate

of Representatives, the Senate and House of Representatives

convene in joint session on Friday the 9th instant, at 12

o'clock m., for the purpose of electing a Judge of the

Superior Court, of the Macon circuit, to fill the vacancy

caused by the resignation of Hon. T. J. Simmons.

Leave of ab~ence was grunted to the following members, to-wit:

Messrs. Green of Madison, Evans, Gardner, Rich, Humphries of Brooks, Coggins, Cook, Stevens and Mauney.

The hour for the special order having arrived, upon motionofMr. Atkinson, House bill No. 261 was taken up.

The following bill was read the thid time ; upon the passage of the bill the previous question was called, which call was sustained, and the main question ordered ; the report of the committee, which was favorable to the passage of the bill by substitute was agrecu to ; the bill passed by substitute by the requisite coustutional majority, yeas 92, nays 18, to-wit:

A bill to provide that all amounts received from inspection of oil in this State shall be paid into tbe Treasury of this State a:nd become a part of the educational fund of this State.

Mr. Little offered the following resolution which was read and adopted, to-wit :

A resolution authol'izing the correctiou, of a clerical error in House bill No. 776, now ready to be enrolled and signed.

By unanimous consent, the tollowing bills were introduced, read the first time and appropriately referred, to-wit:

580

JouRNAL oF THE HousE.

By Mr. Gordon-
A bill to authorize and empower the Commissioners of Chatham county and ex-officio Judges to sell the present site of the present Court House of Chatham county, and to use the proceeds of said sale in bu"ilding a more commodious court-house.
Referred to Committee on General Judiciary.
Also, a bill to vest in the Commissioners and ex-officio Judges the control of the tract of land in the city of Savannah, known as the Old Cemetery, situated on South Broad and Abercorn streets, and to authorize the said commissioners to use the same for the purpose of erecting thereon a court-house, etc.
Reft'rred to Committee on General Judiciary.
By Mr. Johnson, of Eehols-
A bill to amend an act to incorporate the Okefenokee and St. Mary's Canal and Drainage Company; approved Oct. 27, 1870, and re-enact the provisions of the same.
Referred to Committee on Internal Improvements.
By Mr. Calvin-
A bill to prevent the sale of Iiqtwrs within three miles of the Baptist Church at Heplizibah, Richmond county, in this State, etc.
Referred to Committee on Temperance.
By Mr. Bailey-
A bill to amend the charter of the city of Griffin, and the amendatory acts, etc.
Referred to Committee on Corporations.
By Mr. Franklin, of Fannin-
A bill to incorporate the town of Blue Ridge, etc. Referred to Committee on Corporations.
Mr. Berner, Chairman ofthc General Judiciary Committee, submitted the following report..

THlTRSDAY, SEPTEMBER 8, 1887.

581

Mr. Speaker: The General Judiciary Committee have had nuder con-
sideration the following bills, which they instruct me to return to the House, with the recommendation that they do not pass, to-wit :
A bill to amend section 3976 of the Code.
Also, a bill to amend section 4574 of the Code. Also, the following bill which they recommend be referred the Committee on Education, to-wit :
A bill to authorize any mnnicipal corpcration to establish a system of public schools within the corporate limits of same and to levy taxes for the support of the same.
Respectfully submitted, R. L. BERNER, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker :
The Committee on Finance have had under consideration the following bills, which I am directed to return to the House, with the recommendation that . they do pass as amended, to-wit:
A bill to appropriate sixty-five hundred dollars for the repairs of the old capitol at Milledgeville, Ga.
Also, a bill to appropriate four thousand dollars to the University of Georgia, to enable the Trnstees thereof to complete and furnish the buildings of the branch of said University at Thomasville, Ga.
I am also directed to return the following bill to the House with the recommendation that it do not pass, to-wit:
A bill to appropriate money to pay James Hunter, in settlement ot certain coupons of the Macon and Brunswick Railroad Company therein enumel'ated.
Respectfully submitted. WM. W. GoRDON, Chairman.

582

JounxAJ, oF THE HousE.

Mr. Felton of :Macon, chairman of the Committee on Agrieult~re, submitted the following report:
Mr. Speake1:
The Committee on Agriculture have had under consideration the following hill, which they instmet me to report back to the House, with the tecommendation that the same do pass, to-wit:
A bill to require owners of stock of all kinds to prevent the same from running at large in the 6i2d District, arid other distticts, G. M. of Harris county.
Respedfully Htbmitted. W. H. FELTON, Chairman.
Th~ following nwssagc was received from the Senate through Mr. W. A. Harri;., the Secretary thereof:

Mr. Speaker:
The Senate has concurred in the following resolutions of the Howse, to-wit :
A resolution to convene the Gent>ral Assembly in joint session to elect a judge of the Macon Circuit.
Also, House resolution in reference to a clerical error in House bill No. i'iG.
The Senate has refused to concur in the amendments to the following Senate bill, to-wit:
A bill to amend an aet to incorporate the Atlantic, Birmingham and G;cat \Vestcm Railway Company.
By unanimous consent, House bill No. s:~3 was recommitted to Committee on Finance.
By unanimous consent, the following House bill was taken up and the Senate amendtHents thereto were conCutTed in, to-wit:
A bill to appropriate the sum of nine thou~and dollars for the purpose of completing, repaiting and furnishing the building;; of the Georgia Institution for the education of the Deal and Dumb.

THURSDAY, SEPTEMBER 8, 1887.

583

By nnanimou!' consent, House bill No. 881 was recommit.ted to the Committee on Education.
By unanimous consent, Senate bill No. 90 was recommitted to Committee on Railroads.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committee on Enrollment reports as duly enrolled

and readv for the si"'natmcs of the Slleaker of the House



1::>

and President of the Senate the following acts, to-wit:

An act to repeal section 2 of an act to organize a Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes.
Also, an act to pmvidc for the payment of insolvent criminal costs to the officers of the County Court of Hancock county, and for otlwr pmposcs.
Also, an act to amend an act entitled an act to incorporate the Georgia Loan and Trust Company, approved September 26, 1883, so as to empower said company to issue debenture bonds to the amount of the face value of its first mortgage or trust real estate bonds, instead of to an amount not exceeding ninety per centum of the face value of said loans, and for other pu1poses.
Also, an act to ameiH] an act to incorporat~ the Metropolitan Street Railroad Company, and for other purposes, approved December 12, 1882, so as to authorize said company to use any motive power fm ib carb on any of its lines that its officers may think best for its interest.
Also, an act to authorize the town of Cedartown in Polk county, Georgia, to establi8h and maintain a system of public schooh; for sahl town, and for other purposes. Also, an act to amend an act entitled an act to establish a system of public schools in the city of Newnan, Ga., and provide for the maintenance and support of the same.
Also, an act to amend an act to incorporate the Uolurnbus Railroad Company.

584

JOURNAL OF THE HOUSE.

Also, an act authorizing the Commissioners of Roads and Revenues of Burke county to issue and sell bonds of 'the county for building a jail, and for other purposes.
Also, the following resolution, directing the Treasurer
to refund to Mrs. S. H. Meador $21.4.5 over tax and costs,
covered into treasury and a1ising from the sale of wild laud lot No. 194, in the 7th district, 5th section, originaUy Carroll, now Haralson county.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment, report as duly enrolled and signed by the Speaker of the House and President of the Senate, and delivered to His Excellency, the Governor, the following acts, to-wit:
An act to exempt from jury duty one hundred and twenty~ five members of the Atlanta Artillery of Atlanta.
Also, an act to amend an act entitled an act to amend act entitled an act to incorporate the town of Salt Springs, in the county of Douglas, and to provide for a Mayor. and Council of said town, etc.
Respectfully submitted. IvY \V. DuGGAN, Chairman.
Upon motion, the second special order, winch was House bill No. 370, was taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, who deal therein to the exclusion of Georgia wines, alcoholic and malt liquors, etc.
Upon motion, the third special order, which was House bill No. 189, was taken up.
The following bill read the third time ; Mr. Harrell, of Webster, proposed a suhstitute in lieu of the original bill;

FRIDAY, SEPTEMBER 9, 1887.

585

pending the consideration of the bill and the proposed substitute, upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ArLANTA, GEORGIA,
Friday, September 9, 1887.
The House met pursuant to adjournment; was called to order by Mr. Clay, Speaker, pro tem., and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams ~f Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook,

Hale,

Norris.

Ham

Olive,

Hand,

Page,

Hart,

Parker,

Harrell of Decatur, Peeples,

Harrell of We llster, Perkins,

Harrison of Franklin, Perry,

Harrison of Quitman, Pickett,

Harper,

Pittman,

Harris of Catoosa,

Preston,

Harris of Columbia, Ray,

Harvey,

Rawls,

Hawkins,

Reid,

Hayes,

Reillev,

Henry,

Reynolds,

Henderson,

Rountree,

Hill of Meriwether, Russell of Chatham,

Hill of Wilkes,

Russell or Clarke,

Holleman,

Russell of Polk,

Howard,

Schofield,

Huwell,

Shewmake,

Hughes,

S1mmons,

Hutt;

Sims,

Humphries of Clinch, Hunt, Hutchison, Iler,

Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson,

586

JouRNAL oF THE HousE.

Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durr11nce, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner. Gibson, Gordon, Glenn, Gresham, Griffith, Grindle, Hagan,

.Johnson of DeKalb, Johnson of Echols, .Johnson of Scre\'"en, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot. Lumsden, Madden, Mathews, Manney, Mixon, Monroe, Morgan, l\foye, McCord, McLane, McGhee. McGarrity. McLendon, McKibben,
~IcUleskey,
Me :\lichael, Nichols,

Stewart of Mil.chell, Stewart ot Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Walker ol Putnam. Watts, Watson, Way, Wei!, Whaley, Wheeler, Whelchel, Williams of Burris, Williams of Jackson, Williams of Upson, Wilcox, 'Yor,ham, Mr. Speakbr.

Those absent were Messrs.-

Brady, Green of Clay, Greene of M aclison, Holland, Humphri('s of Brooks,

.Jones, ~I ills, Newton. Rich, Steven>',

Vaughn, Vining. \VPst, Wilsou.

Mr. Williams, of Upson, reported that the Journal had been examined and found correct.
The J oumal was then read and approved.
Leave of absence was granted to the following members to-wit:
Messrs. Johson of DeKalb, Brady, Wilson, Reynolds, Pickett, Little of Muscogee, Buchan, Walker, Stewart, of Marion, Birch more, McLean, Harrison, of Quitman, Peeples, Hagan, Matlwws, Kimbrough, Stovall and Arnheim.

~'RIDAY, SEPTEMBER 9, 1887.

587

Mr. Gardner arose to a question of personal privilege, replying to a communication published in the Atlanta Con-stitution of yesterday.
By unanimous consent the following bill was introduced read the first time and referred to the Committee on Finance, to-wit:
By Mr. HarrellA bill to establish public schools in each of the counties
of this State as branches of the State University, and appropriate money for the same, et<'.
By unanimous consent, House bill No. 189 was recommitted to Committee on Finance.
By unanimous consent, the following bill was taken up, and the same read the third time; the report of the committee was ag1eed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to incorporate the Augusta Steamboat Company, etc.
By unanimous cons~nt, the following Senate resolution was taken up, and put upon its passage ; the following resolution was then read the third time; the report of the committee was agreed to, and the resolution passed by the requisite constitutional majority, yeas 96, nays 0, to-wit:
A resolution for the relief of t.he Staunton Life Association of Virginia.
Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
The Committee on Counties and County Matters have had under consideration the following bill of the House, which they instruct me to return, with the recommendation that it do pass as amended, to-wit:
' A bill to amend the registration laws of Telfai1 county.

588

JouRNAL oF THE HousE.

Also, the following Senate bill, which they recommend do not pass, to-wit :
A bill to repeal an act to create a Board of Commi88ion. ers of Roads and Revenue for the county of Polk.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Chappell, Chairman of the Committee on Railroads, submitted the following report:
Jfr. Speaker:
The Committee on Railroads have had under consideration tne following bills, which I am directed to report back, with the recommendation that they do pass, to-wit:
Bill of the Senate No. 143 to amend the act to incorporate the Darien Short Line Railroad Company, so as to authorize the increase of the capital stock.
Also, bill of the House No. 427 to amend au act to incorporate the Brunswick Street Railroad Company.
The committee have also considered the followin~ House bill, recommitted to it, and report the same back with the recommendation that it do pass by substitute, to-wit:
No. 425, a bill to amend the charter of the Marietta & North Georgia Railway Company.
The committee have also had under consideration the following bills, which I am instructed to report back, with the recommendation that they do pass as amended, to-wit:
House bill No. 747, to incorporate the Lexington Terminal Railroad Company.
.Also, House bill No. 86:2, to incorporate the Thomasville and Ty Ty Railroad Company.
Also, House bill No. 864, to incorporate the Chattanooga Southern Railway Company.
Also, House bill No. 897 to incorporate the Macon Terminal Railtoad Company.
Also, Senate bill to amend an act to incorporate the Griffin, LaGrange &nd 'Vestern Railroad .Company, to

FRIDAY, SEPTEliBER 9, 1887.

589

change the name to the Birmingham and Atlantic Air Line Railroad, Banking and Navigation Company, and for other purposes.
The committee also report back the following bill, with the recommendation that it be read the second time and recommitted to this committee, to-wit:
House bill No. 602, to incorporate the Albany Street Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.
Mr. Calvin, 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 instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend the charter of the U ni}ersity of Georgia, so as to abollish the Board of Trustees, etc,
Al~o, the following bill, which they recommend do pass, by substitute, to-wit:
A bill to nmend section 1201 of the Code, providing for the appoint,ncnt ~nd prescribing the duties of a committee to attend tbJ Rtat? University.
Also, a bill to provide for the appointment of a special Board of Visitors to the University of Georgia, to prescribe their powers and duties, to fix the compensation, and for other purposes.
Also, the following bill which they recommend do not pass, to-wit:
A bill to amend the charter and laws relating to the University of Georgia creating a senatus acadimcus.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.

590.

JouRNAL OF THE HousE.

Under a suspension of the rules, the following House bill. was taken up, and the same read the third time; the repon of the committee was agreed to as amended; the proper legal proofs were exhibited, and the bill passed as ataended
by the requisite constitutional majority, yeas 98, nays o.
to-wit :
A bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, etc.
By unanimous consent, House bill No. 502, was taken from the table and reinstated upon the calender.
Mr. Chappell, offerred the following resolution, which was read and adopted, to-wit :
A resolution to correct clerical error in Senate bill No. 87.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk ofthe Executive Department:

Mr. Speaker:
The Governor ~as approved and signed the following acts of the General Assembly, to-wit:
An act to prevent the sale of opium and its preparation to persons habitually addicted to its use.
Also, an act to amend an act entitled an act to amend an act entitled an act to incorporate the town of Salt Springs, in the county of Douglas, and to provide a Mayor and Council for said town, etc., approved December 21, 1886, so as to remove the corporate limits of said town from the entire lands of J. B. Humphries, a citizen of Cobb county, or so much of the lands of said Humphries as lies in the county of Douglas and the corporate limits of Salt Springs.
The following message was received from the Senate,. through Mr. W. A. Harris, the Secretary thereof:
M1. Speaker :
The Senate has passed the following bills of the Senate by the requisite constitutional majority, to-wit:

FRIDAY, SEPTEMBER 9, 1887.

591

A bill to create a Board of Trustees to sell and reinvest the proceeds of the certain lands in the town of Franklin ; passed by the requiste constitutional majority, yeas 25, nays O,
Also, a bill to incorporate the Coosawatee Steamboat Company; passed by the requisite constitutional mafority, yeas 24, nays 0.
Also, a bill to incotporate the Chattanooga & Eastern Railroad Company; passed by the requisite constitutional majority, yeas 25, nays, 0.
Also, a hill to incorporate the Darien & Daboy Telegraph Company; passed by the requisite constitutional majority, yeas, 25, nays 0..
Also, a bill to amend an act approved September 22, 1881, prohibiting the sale of spirituous liquors in the county of Wilkinson; passed by the requisite constitutional majority, yeas, 25, nays 0.
Also, a bill to amend an act entitled an act to amend section 3623 of the Code of 1873, approved September 24, 1879, passed by the requisite constitutional majority, yeas 25, nays 0.
The Senate has also passed the following bill of the House by the requisite constitutional majority, yeas 24, nays O, to-wit :
A bill to require the owners of horses, mules, cows, hogs, sheep and goats, etc., from running at large upon the lands of another in the 796th, 965th and 6t:i6th Districts of Stewart County.
The Senate has also concurred in the following resolution of the House, to-wit :
A resolution that the Governor be directed not to draw his warrant for $8,000 to the Atlanta University Jinder the act of March 3, 1~74, until such a plan of expenditure as will secure the exclusive use of the same for the education of colored children only.

592

JouRNAL oF THE HousE.

The hour for the special order having arrived, upon motion of Mr. McLendon, House bill No. 471 was taken up;:
as the same provided for an appropriation, upon motion, the House went into a Committee of the Whole Ho~ ;: Mr. Lamar in the chair.
Mr~ Lamar, chairman of the Committee of the Whole! House, submitted the following report :

Mr. Speaker:
The Committee of the \Vhole House have had under con-. sideration House bill No. 471, which they instruct me to report back, with the recommendation that the same do pass, by substitute, as amended, to-wit:

The following bill was then read the third time ; the report of the committee was ag1eed to, which was favorable to the passage of the bill, by substitute; as the bill provided for an appropriation, it was necessary that the vote should be taken by yeas and nays upon the pa!>sage of the bill.

Upon the call of the roll the following is the result of the vote, to-wit :

Those votingin the affirmative were Messrs.-

Adams of Greene, Arnheim, Ashley, Atldnson, Belt, Berner, Birchmore, Blalock, Branch, Bray, Brewster, ;]alvin. Cameron, Chappell, Clay of Walton, Comer, Coney, Crawford,

Hawkins, Hayes, Henderson, Hill of Meriwether, Hill of Wilkes, Howard, Howell, Hughes, Huff, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key,

Page, Perkins, Pickett, Pittman, Preston, Hay, Heid, Heilley, Reynolds, Rountree, Bussell of Chatham, Russell of Clarke, Schofield, Shewmake, Sims, Smith of Glynn, Smith of Jefferson, Stewart of Mitchell,,

F'uAT, SEPTEMBER 9f 1887.

llt!Mea-,.
Denney, Dodgen, i'eltoa-of B.tow. Felton of Bibb, Feat11er.ton, Fordham, FGUte, Gamble, Gardner,
am-,
Gordon, Glenn, @fi'Mtb. Hagan, Ham, Bert, Harrell of Decatur, Har~ll of Webster, H'lll'per;
B.ftmtm. of Columbia,

Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden; Mathews, Monroe', Morgan, Moye, McOord, McLane, McGhee, McGa,.rity, McLendon, McKibben, McOleskey, McMichael, Norris, Olive,

Stewart of Rookdal4. t:ltewart of Marion, Stovall, Strickland, Tate, Taylor, Terreli, Veazey, Vickers, Wa.lker of Floyd, Watts, Watson, Way, Weil, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Worsham.

Those voting in the negative were Messrs.-

Ada-m8' of E~bert, Bailey, Brown of Hel)ry. Candler, Cook, DuBoee, Duggan, Durrance, Fagan,

Felton of Macon, Franklin of Fannin, Gresham, Grindle, Hale, Hand, Harrison of Franklin, Holleman, Mauney,

Mixon, Nichols, Parker, Perry, Rawls, Russell of Polk, Vaughn, Wheeler.

Those not voting were Messrs.-

BliiCk, Brady, Brown of Cherokee; Buchan, Clay of Colib, Coggins, Evu~. :fortner, Franldin of Thomas, Green of Clay, Greeno of Madison, IJ:arriaon of Quitman,

Harris of Catoosa, Harvey, Henry, Holland, Humphries of Brooks, Johnson of DeKalb, Jones, Mills, Newton, Peeples, . Rich,

Simtnons, Smith of Crawford, Smith of Gwinnett, Stevens, Thomas, Vining, Walker uf Putnam, West, Whal!Jy, Wilson, Mr. Speaker.

Yeu 119. N&ys 26. Not voting 34. 38

&94

Jou:aNAL oF THE HousE;

Having received the requisite constitutional majority, thf bill passed by substitute, to-wit:

A bill to create a Board of Pardons to investigate appli.; cations for reprieves or pardons, co9}mutations and suspensions of sentence of convicts, and for other purposes.

By unanimous consent, House bill No. 937, was recom~ mitted to Committee on General Judiciary.

By unanimous consent, House bill No. 410, was recommitted to Committee on Special Judiciary.

Mr. Cook, offered the following resolution, which was read, to-wit:

Resolved, That when the House adjourns to-day, itadjourns to meet Monday morning at 9 o'clock.

Mr. Hill, of Meriwether, moved to table the resolutionr upon this motion the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Ashley, Atkinson, Birchmore, Brewster, Canuler, Chappell, Clay of walton, Crawford, Darden, DuBose, Durrance, Felton of Bartow, Felton of Macon, Featherston, Fordham, Fonte, Gardner, Gordon, Glenn, Gresham,

Hart, Harrell of Decatur, Harrell of Webster, Harper, Hill of Meriwether, Holleman, Huff, Humphries of Clinch, Hutchison, Iler, Lamar, Lanier, Little of Tal bot, Madden, Mixon, Monroe, Morgan, .McCord, McGarrity, McLendon,

Nichols, Olive, Parker, Perkins. Pittman, Ray, Rawls, Reid, Reilley, Rountree, Russell of Chatham, Russell of Polk, Smith of Jefferson, Stovall, Taylor, Vaughn, Vickers, Walker of Floyd, Wheeler, Williams of Harris,

FRIDAF; :SEPTEMBER 9, 1887.

595:

Bale, Band,

McK;ibben, _McCleskey,

Wilcox,, Worsha~ . .

Those voting in the negative were Messrs.-

Arnheim, Bailey, Belt, Berner, Blalock, Brady, Branch, Bray, Calvin, Cameron; Comer, Coney, Cook, Denney, Dodgen, Fagan, Felt"n of Bibb, Franklin of Fannin, Gamble, Gibson, Grindle, Ham,

Harrison of Franklin, Harris of Catoosa, Harvey, Hawkins, Hayes; Henderson, Hill of Wilkes, Howard, Howell, Hughes, Hunt, Johnson of Echols, Johnson of Screven, Kenan, Key, Kimbrough, Lumsden, Mathews, Mauney, Moye, McGhee,

McMichael, Norris, Peeples, Perry, Pickett, Preston, Reynolds, Russell of Clarke, Schofield, Shewmake, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Strickland, Tate, Veazey, Watson, Way, Weil, Whelchel, Williams of Upson.

Those. not voting were Messrs.-

Adams of Elbert, Adams of Greene, Black, Brown of Henry, Brown of Cherokee, Buchan, Clay of Cobb, Coggins, Duggan, Evans, Fortner, Franklin of Thomas, Green' of Clay, Greene of Madison, Griffith,

Hagan, Harrison of Quitman, Harris of Columbia, Henry, Holland, Humphries of Brooks, .Johnson of DeKalb, Jones, Kennedy, Mills, McLane, . Newton, Page, Rich, Simmons,

Sims, Smith of Crawtord, Smith of Glynn, Smith of Gwinnett, Stevens, Terrell, Thomas, Vining, Walker of Putnam, Watts, West, Whaley, Williams of Jackson, Wilson, Mr. Speaker.

Yeas 66. Nays 64. Not voting 45.

So.11be motion prevailed, and the resolution was tabled;

'JouRNAL OF 'J'HE Hot7SE.
By unanimous consPnt, the following bills were inCroduced, read the first time, and appropriately referred, towit:
By Mr. Wheeler-
A bill to repeal an act entitled an act to provide for the
printing of the Department of Agriculture of the StaW: of Georgia; approved February 29, 18", 6.
Referred to Committee on Agriculture.
By Mr. Rawls-
A bill to incorporate the town of Guyton m Effiugbaa county.
Referred to Committee on Corporations.
By Mr. Brewsrer-
A bill to make it unlawful to transport seed cotton in o.r out of the county of Harris, between the hours of sllllli8L
and sunrise, or from one place to another in said OOuMr
between said hours, etc. Referred to Committee on Agriculture.
By Mr. PrestonA bill to authorize incorporated towns and> cities af this
State to condemn property to be used as street:.s,, and defi.u how damages may be aseertained, and for other purpsse.
Referred to Committee on Corporations.
By Mr. HarperA bill to amend an act entitled an act to establish. a. CitJ
Court, in the city of Carrollton, etc. Referred to Committee on Special Judiciary.
By Mr. Mills-
A bill to authorize Thomas Walton. Vickery to peddle-. without license in certain counties in this State.
Referred to Committee on Agriculture.
By Mr. Fordham..& bill tJo relieveS. Ji. :D\trand, u-Tax C6Uector ofW"Jl-

FRU>AY, SEPTEMBER 9, 1887.
JUDson county, and securities from penalty imposed by O~mp troller General.
Referred to Committee on Finance.
Mr. Duggan, Chairman of the Committee on Enrolment, eubmitted the following report :
Mr. Speake1:
The Committee on Enroliment 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 authorize the town of Cedartown in Polk county to establish and maintain a system of public schools in said town.
Also, an act to amend an act to incorporate the Metropoltan Street Railroad Company.
Also, an act to amend the act establishing a system of public schools in the city of Newnan.
Also, an act to amend an act to incorporate the Co!umbus Railroad Company.
Also, an act to authorize the Commissioners of Roads and Revenues of Burke county to issue and sell bonds of said county for building a jail.
Also, an act to repeal section 2 of an act to organize a Criminal Court for the county of Decatur, approved February 23, 1876.
Also, an act to provide for the payment of insolvent criminal costs to the officers bf the County Court of Hancock Uouuty.
Also, an act to amend the act to incorporate the Georgia Loan and Trust Company.
Also, a resolution directing the Treasurer to refund to Mrs. S. H. Meador $21.45 over tax and costs from sale of wild land lot.
Respectfully submitted. IvY W. DuGGAN, Chairman.

698

JouRNAL OF THE Hous:E.

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

Mr. Speaker:

The Senate has passed the following bill of the House

by the requisite constitutional majority, yeas 24, nays 0, to-

wit:



A bill to consolidate, amend and supercede the acts incorporating the town of Greenville in Meriwether county.

Mr. Duggan, chairman of the Committee on Enrollment~

submitted the following report:



Mr. Spenker:
The Committee on Enrollment reports as duly enrolled, ready for the signatures of the Speaker of the House of Representatives and President of the Senate, the following act, to-wit :
An act to require owners of stock of all kinds, to prevent the same from running at largE' on the land!' ot another, in the 796th, 96.5th and 966th Districts, G. M., of the county of StPwart.
Als~, an act to provide a system of public schools for the city of Covington, and provide for their support and maintenance.
Also, an act to appropriate the sum of nine thousand dollars for the purpose of completing, repairing and furnishing the buildings of the Geocgia Institution for the deaf and dumb.
Respectfully submitted. IvY W. DuGGAN, Chairma?
Mr. Tate, chairman of the Special Judiciary Committee, submitted the following report:

Mr. Speaker: -The Special Judiciary committee have had under consid-

FlunAY, SEPTEMBER 9, 1887.

599

eration the following bills, which they instruct me to report to the House, with the recommendation that they do pass, to-wit :
A bill for the relief of D. H. Hubbard, Tax Collector of Polk county.
Also, a bill to amend an act to establish a City Court in the county of Bartow.
Also, a bill to amend the registration law of Lowndes county.
1\.lso, a bill to provide for the registration of the qualified voters of Worth county, etc.
Also, a bill to incorporate the city of Culloden in the county of Monroe, to define the limits of the same, and for other purposes.
Also, a bill to prescribe the time of holding the Superior Courts of the Macon Circuit, and for other purposes.
Also, a bill to authorize and require the registrati<m of all voters in tile county of Bartow.
Also, the following bills, which I am instructed to report back to the House with the recommendation that the same do not pass, to-wit:
A bill to provide for the registration of voters in Bibb county.
Also, a bill to amend an act to submit to the legal voters of Taylor county, the question of prohibiting the sale of spirituous and malt liquors -in said county.
Also, a bill to remove the county site of Worth county from Isabella to Sylvester, situated upon the Brunswick and Western Railroad in said county of Worth.
Also, the following bill, which they instmct me to report back, with the recommendation that the same be referred to the Committee on General Judiciary, to-wit:
A bill to confer police powers upon church officials, superintendents of Sunday-schools or their assistants, and for other purposes.
Respectfully submitted.
F. C. TATE, Chairman.

600

JouRNAL OF THE HousE.

The fQllowing message was received from tU &ute
through Mr. W. A. Harris, the Secretary, the.reof:

Mr. Speaker :
The Senate has passed the following bill of tlw H9WM1,
with certain amendments, by the requisite constitutiOflal majority, yeas 24, nays 0, to-wit:
A bill to create the office of Solicitor for the County Court of Macon county, and said act to fix appointment of same.
The following Senate bills were read the first time, and appropriately referred, to-wit:
By Mr. Hand, of 8th-
A bill to amend section 45-7R, of the Code of 1882, so as to allow the railroads in this State, to give prompt, con.. tinuous and uninterrupted transportation to shipments of watermelons and other fruits and vegetables, etc.
Referred to Committee on Railroads.
By Mr. Dean, of 4:2--
A bill to amend an act entitled an act to amend section 3623, of the Code of 1873; approved Sept. 24, 1879, and codified in the addenda to the Code of 1882.
Referred to Committee on General Judiciary.
By Mr. Foster, of 4-!-
A bill to incorporate the Chattanooga, Eastern Railroad Companv, and to confer certain powers, etc.
Referred to Committee on Railroads.
By unanimous consent, the following House bill was taken up, and the Renate amendmentR thereto were concurred in, to-wit:
A bill to create the office of Solicitor for the County Court of Macon county, and said act to fix the appointment of the same.
The hour having arrived for convening the joint session

F&IDA.Y, SJ!:PTENBBB ~. 1387.

oftbe General ABSembly, the Senate entered the hall of the House of Representative!'!, and the joint session was called
to order by President JohnS. Davidson.

The resolution for convening the joint seesion was then published.

The President announced that the convening' of the joint seilllion of the General Assembly was for the purpose of electing a Judge of the Superior Court of the Macon Circuit to fill the unexpired term of Hon. T. J. Simmom;, resigned, term expiring January 1, 1891.

Mr. Felton, of Bibb, placed in nomination the name of Hon. Geo. W. Gustin, which was seconded by Mr. Powell, of the 22d Dist., and Mr. Howell.

Upon the call of the roll of the Senate the following is the result of the vote, to-wit :

Those voting for Mr. Gustin were Messrs.-

Atwood W. H. Brannen .J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. Dilworth John H. Douglass John A. Faver Paul J'oster E.

Hamilton J. L. Hand I. H. Hawkes W. M. Higdon Samuel .Jackson R. H. James J. S. Lewis Miles W. McKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R. J. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Wright B.F., of 38th. Mr. President.

Those not voting are Me!'lsrs.-

Davis Lewis A. DeJarnette J. T. Guerry T. L. Hand J.L.

Lamkin S.C. Liviugston Thos. J. McLeod John D. Pringle U. R.

Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright H. G., of lst.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting for Mr. Gustin are Messrs.-

Adams of Elbert Adams of Greene: Arnheim,

Hand, Hart, Harrell of Decatur,

Norris, Olive, Page,

602

JouRNAL OF THE HousE.

Ashley, Atkinson, Bailey, Belt, Bern<>r, Birch more, Blalock, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Uook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance,. Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Glenn, Gresham, Griffith, Grindle, Hagan, Hale, Ham,

Harrell of Webster, Harrison of Franklin; Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henderson, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Howell, Hughes, Huff, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mixon, Monroe, Morgan, MoyP, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Nichols,

Parker, Peeples, .Perkins, .Perry, Pickett, Pittman,, Preston, Ray, Rawls, Reid, Reilley, Reynolds, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Vaughn, Veazey, Vickers, Walker of Floyd,
'V atts, Watson, Way, Wei!, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Worsham.

FRIDAY, SEPTEMBER 9~ 1887.

.603

Those not voting are Messrs.-

Black, Bra,d,y, . Buchan, Coggins, Evans, Fortner, Franklin of Thomas, Green of Clay, Greene of Madison,

Henry, Holland, Humphries of Brooks, Johnson of DeKalb, Jones, Mills, Newton, Rich, Smith of Gwinnett,

Stevens, Thomas, Vining, Walker of Putnam, West, Whaley, Wilson, Mr. Speaker.

Upon counting and consolidating the vote, it appeared that the total number of votes cast were 184, and that the Hon. George W. Gustin had received all of the votes cast, was declared duly elected Judge of the Superior Court of the Macon Circuit to fill the unexpired term of Hon. T. J. Simmons, term expiring January I, 1891.
Upon motion of Mr. Jiwkson, the joi~t session was dissolved, the Senate retiring.

The House was called to order by the Speaker pro tem.

Mr. Smith, of Crawford, offered the following resolution, to-wit:
R~olved, That when the House adjourns it adjourns to meet again Monday morning at 9 o'clock.
Upon the adoption of the resolution the previous question was called, which call was sustained, and the main question ordered.

Upon the adoption of the resolution the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmatjve are Messrs.-

Arnheim,

Belt.

Berner,

Bray,

Brown of Cherokee

Calvin',

'

Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Henderson, Holleman, Howard,

Page, Peeples, Pittman, Preston, Reynolds, Shewmake,

JouRNAL oF THE HoUSE'.

Comer, Cook, Darden, Denney, Dodgen, Fagan, Felton of Bibb, Gardner, Gibson, Ham,

Howell, Hunt, Johnson of Echols, Kenan, Key, Kimbrough, Lanier, Lumsden, Madden,

Sims, Smith of Crawford, Smith of Glynn, . Stewart of Mitc\el, Strickland, Veazey, Watson, Weil, Whaley.

Those voting in the negative were Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Atkinson, Bailey, Blalock, Branch, Brown of Henry, Brewster, Cameron, Candler, Chappell, Clay of Walton, Coney. Crawford. DuBose, Duggan, Durrance, Felton of Bartow, Felton of Macon, FAatherston, Fordham, Foute, Franklin of Fannin, Gamble, Gordon, Glenn, Greene of Clay. Gresham, Griffith, Hale.

Hand, Hart, Harrell of Decatur, Harrell of Webster, Harper, Harvey. Hawkins, Hayes, Hill of Meriwether, Hill of Wilkes, Hughes, Huff, Humphries of Clinch, Hutchison, Iler, ,Johnson of Screven, Kennedy. Lamar, Little of Talbot, Mathews, Mauney, Mixon, Morgan, Moye, McCord, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael,

Nichols, Olive, Parker, Perkins, Perry, Ray, Rawls, Reilley, Rountree, Russell of Chatham, Russell of Claro, Russell of Polk, Schofield, Simmons, Smith of Jefferson. Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Taylor, Terrell, Vickers, Walker oi Floyd, Watts, Wheeler, Whelchel, Williams of Harris, Williams of Upson, Wilcox, Worsham.

Those not voting were Messrs.-

Birch more, Black,

Henry, Holland,

Rich, Smith of Gwinnett,

FRIB'kY, S'I!:P:PEMBEit S, 1887.

'Brady. Bucm... Clay of Cobb,
C.,P.,.
Jbua,. Fortner, Franklin of Thomas, Greene of Madison, .Grindle,
Hagan, Harrison of Quitman,

HIIDlphlies of Brooks, Stevens,

Johllso11 of DeK.alb, Thomas,

Jones,

Vaughn,

:Mills,

Vining,

Monroe,

Walker of Putnam,

McLane,

Way,

Newton,

West,

Norris,

Williams of Jackson,

Pickett,

Wilson,

Reid,

Mr. Speaker.

Yeas, 46. Nays, 92. Not voting, 37.

So the resolution was lost.

Mr. Glenn, of Whitfield, offered the following resolution which was read and referred to the Committee on Rules, to-wit:

Resolved, That th rules of the House be amended as follows: "No motion to adjourn to a particular time shall be made on Friday at a time earlier than fifteen minutes prior to the hour of adjournment of the day."

Under a suspension of the rules Mr. Harrison of Quitman, chai,man. of the Committee on Corporations, submitted the following ret>ort :

Mr. Speake:~ :
The Committee on Corporation& have had under consid.eration the followin-g bills, which they recommend dh pll'llll;. as amended, to-wit :
A bill to amend an act to incorporate the town of J ewells Mills ; proof correct.
Also, a bill to change the line defining the corporate lim,.. its of the city of Newnan ; proof correct.
Respectfully submitted. HARRISON, of Quitman, Chairman.

Upon motion the House adjourned until to-morrow morning at 9 o'clock.

606

JouRNAL .o~. TilE HousE.

- ATLANTA, GEORGIA,
Saturday, September 10, 1887
The House met pursuant to adjournment; was cal1ed to, order by Mr. Clay, Speaker pro tem.,and opened with prayer' by the Rev. Mr. Jones.

The roH was called, and the following members answered 1 to their names :

Those present were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Branch, Brown of Henry, . Brewster, Calvin, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Crawford, Darden, Dodgen, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute, Franklin of Fannin, Franklin of Thomas,

Hale,

Page,

Ham,

Parker,

Hand,

Perkins,

Hart,

Perry,

Harrell of Webster, Piekett,

Harrison of Franklin, Pittman,

Harper,

Preston,

Harris of Columbia, Ray,

Hawkins,

Rawls,

Hayes,

Reid,

Henderson.

Reilley,

Hill of Meriwether, Rountree,

Hill of Wilkes,

Russell of Chatham,

Howard,

Russell of Clarke,

Howell,

Russell of Polk;

Hughes,

Schofield,

Hull:

Shewmake,

Humphries of Clinch, Simmons,

Hunt,

Sims,

Hutchison,

Smith of Crawford,

Iler,

Smith of Glynn,

Johnson of Echols, Stewart of Mitchell, .

Johnson of Screven, Stewart of Rockdale,

Kenan,

StricklarJ.~,

Kennedy,

Tate,

Key,

Taylor,

Lamar,

Terrell,

Lanier,

Veazey,

Little of Talbot,

Vickers,

Lumsden,

Watts,

Madden,

Watson,

Matthews,

Way,

Monroe,

Weil,

Morgan, McUord,

Whaley, ' Wheeler,

SATURDAY, SEPTEMBER 10, 1887.

607,

Gamble, Gardner, Gibson, Gordon, Glenn, Gresham, Griffith,

McGhee, McGarrity, McLendon; McKibben, 'Nichols, Norris,. Olive,

Whelchel,

.

Williams of Harris,

Williams of Jackson,

Williams of Upson,

Wilcox,

Worsham,

Mr. Speaker.

Those absent were Messrs.-

Adams of Greene, Brady, Br.ay, Brown of Cherokee, Buchan, Cameron, Coggins, Cook. Denny, Evans. Fortner,

Harris of Catoosa,

Newton,

Harvey,

Peeples,

Henry,

Reynolds,

Holland,

Rich,

Holleman.

Smith of Gwinnett,

Humphries of Brooks, Smith of Jefferson,

Johnson of DeKalb, Stevens,

Jones,

Stewart of Marion,

Kimbrough,

Stovall,

Mauney,

Thomas,

Mills,

Vaughn,

Green of Clay, Greim of Madison,

Mixon, Moye,

Vining, Walker of Floyd,

Grindle,

McLane,

Walker of Putnam,

Hagan,

McCleskey,

West,

Harrell of Decatur, McMicha'll,

Wilson.

Harrison of Quitman,

Mr. Williams, ofthe Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members,:

to-wit: Messrs Walker of Floyd, Grindle, Griffith, Smith

of Jefferson, Brown of Cherokee, Harrell of Decatur; Holle-

man, Evans, Adams of Greene, Denney, Smith of Craw-

ford, Williams of Upson, and Clay of Cobb.

.

Mr. Russell, of Polk, offered the followiqg resolution,'

which was read and adopted, to-wit :

. . '

Resolved, That the order of business be changed, and the.

morning session be devoted to reading House.bil}s 1:1 seGopd

time, favora,bly reported.

....

Mr. BerB'el", elmirman of the Committee on ~:
Judiciary, submitted the following report:

Mr. ffpeaker:

The General Judiciary Committee have had under ~ sideration the following bill, which they instruct m~ QJ' return to the House with the recommendation that i~ lio pa!'ls as amended, to-wit :

A bill to amend section 1969, of the Code.

Also, the following bill of the Senate, which they report. back with the recommendation that it do pass, to-wit :

A bill to amend paragraph 1, of section 2, of article ~'

of the Constitution, so as to increase the number of Judges.'

of the Supreme Court.

,,

Also, the following bills which they recommend do noC: pass, to-wit :

A bil'l to define the liability of manufacturing-, mimng and other corporations.
Also, a bill to amend section 1646, of the Co~, whi!i relates to fees of Solicitors General.
Respectfully submitted. RoBERT JJ. BERNER, CiUI'Mall.

Mr. Darden, chairman pro tem. of the Committee on Counties and County Matters, submitted the fo!ilowing- report:

Mr. Speaker:

'!:he Committee on Counties and County Matteft hawe. had under consideration the following.: bill,, whieia the1 instruct me to report back to the House with the recommendation that it do not pass, to-wit:

A bill to prevent fishing in Flint River between Aprif

l\9t a'lld' OCtober 1st, exceptt with hook and line.

Rtespeutfully submitlteu~

.

J. S.M. DARDEK, Chairm!MtJH"'tell-

' . . . , _'., ~~:~~:~~:.::. '-~~-'.

t~

-c 8ATYRDAY, SEPTEMBER 10, 1887.

609

Mr~ M~Lendon, chairman of the Committee on Peni-
. .tentiary, submitted _the f(}llowing report:

Mr. Speaker:
The Committee on Penitentiary has had under consideration the following bill, which I am directed to report back to the House, with the recomme-ndation that the same be read a second time and recommitted to said committee, to-wit:
A bill to amend an act to regulate the leasing out of Penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes, approved February 25, 1876, so as to permit the several counties of this State to retain, each the convicts tried and sentenced in said county, to create a Board of Prison Commiss~oners and define its duties, and for other purposes.
I am further directed to report back to the House the petition of W. H. Hammond for pardon, with the request that the same be referred to the Governor and his attention invited thereto.
Respectfully submitted. S. G. McLENDON, Chairman.
Mr. Tate offered the following resolution which was read and agreed to, to wit :
Resolved, by the House, the Senate concuning, that the joint committee to investigate certain matters appertaining to theW. &A. 1{. R. property, be and they are hereby authorized to employ a sufficient clerical force to copy evidence from records in possesion of the committee, and abstract titles, take down evidence, etc.
Upon motion House bill No. 425 was made the special order for Thursday next, immediately after the reading of the Journal.
By unanimous consent House bill 441 was recommitted to committee on Judicial Circuits.
39

610

JouRNAL oF THE HousE.

Mr. Terrell, chairman of the Committee on .Coun.ti~ apd
County Matters, submitted the following report:

Mr. Speaker :

The Committee on Counties and County Matters, have

had under consideration the following bills, which they

instruct me to report to the House, with the recommenda-

tion that they do pass, to-wit :



A bill to provide for the appointment of a Board of Examiners for engineers operating stationary engines for Fulton county.
Also, a bill to pay ,Jurors or Commissioners sworn in cases of lunatics, idiots, etc.

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

A bill for the protection of game and birds in Newton county.
Respectfully submitted. J. M. TERRELL, Chairman. :

By unanimous consent, House bill No. 602 was recom:.. mitted to Committee on Railroads.

The Committee on Banks was granted leave of absence for a few minutes from the morning session.

By unanimous consent, House bill No. 57 was made the special order for Friday of next week, immediately after the reading of the Journal.

Mr. McGhee offered the following resolution, which was read and referred to the Committee on Rules, to-wit :

A resolution providing for a final adjournment of the Legislature by 28th instant.

Mr. Gordon, Chairman of the Committee on Finance submitted the following report :

Mr. Speaker: The Committee on Finance have had under consideration

SATURDAY, SEPTEMBER 10, 1887.

6lJ

th~ following resolution, which they instruct me to return to the House with the recommendation that the same do pass, to-wit :
A resolution for the reliefof the Imperial Fire Insurance Company. Also, the following bill which they recommend do pass, to-wit:
A bill to pay M. D. Weeks, of Mitchell county, for an artificial arm. Also, the following resolution which they recommend do not pass, to-wit :
A resolution for the relief of S. W. Wall and son of Talbot county.
Respectfully submittPd. WM. W. GORDON, Chairman.
r. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House of Representatives and President of the Senate, the following acts, to-wit :
An act to prevent the robbing or destruction of the nests of mocking-birds of their eggs and young birds within the limits of the town of Madison.
Also, an act to regulate the capture of terrapins in the waters of this State.
Also, an act to amend an act to prescribe the manner, terins and specifications for letting the public printing to the lowest bidder.
Also, an act to incorporate the North and South Short Line Railway Company.
Also, an act to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, except as provided

612

JouRNAL OF THE HousE.

by this act; to prescribe penalties for violations of this act, and for other purposeR.
Respectfully submitted. IvY W. DuGGAN, f;hairmao;

Mr. Russell, of Clarke, chairman of the Committee on Banks, submitted the following report:

M1. Speaker :
The Committee on Banks have had under consideration the following bill, which they instruct me to report back to thr Honse with the recommendation that the same do pass; as amended, to-wit :
A bill to be entitled an act to amend an act to incorporate the Bank of Thomasville, in this State, approved March 31 lSi 5, and for other purposes.
Respectfully submitted. R. B. RussELL, Chairman.

.M.r. Chappell, chairman ofthe Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bill which they report back, with the recommendation that it be read the second time and recommitted, to-wit:
House bill No. 6()6, to incorporate the Augusta, Gibson and Sandersville Railroad Company, and for other purposes.
Respectfully submitted, THus. J. CHAPPELL, Chairman.

The following House bills and resolutions were read the seeond time, to-wit :
A resolution for the relief of Henry J. Lamar, of the. county of Bibb.
Also, a resolution to relieve M. C. Martin, surety on

SATURDAY, SEPTEMBER 10, 1887.

613

the penal bonds of Allen Johnson, Henrietta Thomas and Warren Dennis, etc.
Also, a resolution for the relief of the Home Provident Safety Fund Association, of New York.
Also, a resolution to appropriate the sum of one hundred and fifty dollars to pay John M. Graham for services rendered as stenographer.
Also, a bill to amend an act to regulate the leasing out of penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, etc.; approved Feb. 2fi, 1876, etc.
Re-committed to Committee on Penitentiary.
Also, a bill to appropriate the sum of four thousand dollars to the University of Georgia, to enable the trustees thereof to complete and furnish the building ot the branch of said University at Thomasville.
Also, a bill to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlauta, etc.
Also, a bill to amend an act entitled an act for the protection ot deer, partridges and wild turkeys, in the counties of Chatham and B.ryan, etc., and the amendatory act applying the provisions of said act of Fulton and other connties. so as to strike out the word " October" in section 1 of said original act and insert in lieu thereof the word " N ovember," and to apply this amendment only to Fulton county.
Also, a bill to make an appmpriation to pay Moses Tomlinson of Clinch county, of this State, for an artificial arm,.
under an act approved December 4th, 1866, etc.
Also, a bill to make operate the provisions of the stock law as to Fulton county.
Also, a bill to incorporate the Cartersville, Marysville & Knoxville Air Line Railroad Company, etc.
Also, a bill to appropriate the sum of sixty-five hundred dollars for the repairs of the old Capitol Building now used
by the Middle Georgia Military and Agricultural College,.
in Millegeville, Ga.

614

JouRNAL oF THE HousE.

Also, a bill to incorporate the Guaranty Mutual lnsur- ance Company, etc.
Also, a bill to appropriate the sum of two hundred dollars to pay Emmet Barnes for his services in reporting testimony.
Also, a bill to amend the charter of originally the M. & N. G. Railroad Company, now by consolidation the M. & N. G. Railway Company; to incorporate. the rights, power.s and privileges, etc..
Also, a bill to amend an act entitled an act to incorporate the Brunswick Street Railroad Company, etc.
Also, a bill to amend section 1201 of the Code, etc. Abo, a bill for the relief of D. H. Hubbard, Tax Collector of Polk county, etc. .\.lso, a bill to amend an act entitled an act to levy and Collect a tax for the support of the State Government, etc:, for fiscal years, 1887 and 1888, so as to change the manner Df taxing sewing machin'l companies, etc. Also, a bill to amend the act incorporating the town of Carnesville, approved August 24, 1872. Also, a bill to incorporate the Albany, Cuthbert and Westem Railroad Company, etc. Also, a bill to incorporate the Albany Street Railroad <Jompany, etc.
Also, a bill to amend section 3322 of the Code.
Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock.
Also, a hill to amend an act entitled an act to incorporate the town of Jewell's Mills, in the counties of Warren and Hancock, approved August 24, 1872, etc.
Also, a bill to authorize and require the registration of :all voters in the county of Clay, in this State, etc.
Also, a resolution for the relief of the Imperial Fire Insurance Company of London. ' Also, a resolution to pay M. D. Weeks, of the county of Mitchell, for an artificial arm, , under an act approved Decem her 4, 1866.

SATURDAY, 8PTEMBER 10, 1887.

615

boaA'tlssoo'r

a bill to p vessels on

reve the

nt Sa

t b

he bat

r h

unnin day.

g

of

excursion

trains,

Also, a bill to prevent and punish, as a misdemeanor, the

disclosure of physicians and surgeons of professional secrets

communicated to them by their patent or discovered by

them on an examination. Also, a bill to incorporate the town of Tarver in the

county of Echols, etc. Also, a bill to change the manner of electing trustees of

the Effingham Academy. Also, a bill to authorize the trustees of the Elbert county

Male Academy to sell the property belonging to said acad-

emy; to invest the proceeds of said sale, etc.

Also, a bill to fix the pay of jurors serving in cases of

lunacy, etc.

Also, a bill to authorize the trustees of the Elberton

Female College Institute to sell the property of said insti-

tute ; to invest the proceeds of said sale, etc.

Also, a bill to authorize the town council of Elberton to

issue bonds for the erection and equipment of public school buildings, etc.

Also, a bill to amend charter of First Presbyterian Church of Augusta.

Also, a bill to exempt from jury duty, the Richmond Hussar Military Company.

Also, a bill to amend an act entitled an act to consoli-

date, amend and codify the various acts incorporating the

city of Rome; approved Sept. 25, 1883, etc.

Also, a bill to amend the charter of the Atlanta Home

Insurance Company; approved Sept. 30, 1881, etc.

Also, a bill to amend sectiou 813, of the Code of 1882.

Also, a bill to amend the charter of the town Ellijay.

. Also, a bill to amend section 2040, of the Code of Geor-
. g1a, of 1882.

Alw, a bill to incorporate the Hartwell Loan and Savings Bank, etc.

Also, a bill to provide for the registration of the legal voters of Laurens county, etc.

616

JouRNAL OF THE HousE.

Also, a bill to provide tor the payment of fees to such jurors wlio may be summoned to appear and who after having obeyed such summons, are excused by the C.mrt on its own motion without being sworn, etc.
Also, a bill to amend an act incorporating the town oi Valdosta, in the county of Lowndes, etc.
Also, a bill to incorporate the Augusta, Gibson & Sandersville R. R. Company, etc., and the same was recommitted to Committee on Railroads.
Also, a bill to amend an act entitled an act to incorporate the town of Montezuma, in the (JOUnty of Macon, etc. .
Upon motion the House adjourned until Monday morning at 9 o'clock.

ATLA~TA, GEORGIA,
Monday, September 12, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Atkinson, Berner, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Buchan, Calvin, Cameron,

Harrison of Franklin, Harper. Harris of Catoosa, Harris ol Columbia, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell,

McCleskey, Me :\lichacl, Newton, Nichols. Norris, Olive, Page, Parker, Peeples, l'erki11s. Perry, Pittman, Preston, Ray, Rawls,

MoNDAY, SEPTEMBER 12, 18_87.

617

()andler, Chappell, Clay of Walton, Coney, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, F.mte, Franklin of Fannin, Gamble, Gardner, G1bson. Gordon, Glenn, Greene of Madison, Gresham, Grind!>, Hale, Ham, Hand, Hurt, Harrell of Decatur, Harrell of Webster,

Hughes,

Reid,

Huff,

Reilley,

Humphries of Brooks, Rountree,

Hun..phries of Clinch, Russell of Chatham,

Hunt,

Russell of Clarke,

Hutchison,

Russell of Polk,

Iler,

Schofield,

John~on of DeKalb, Shewmake,

Johnson of Echols, Simmons,

Johnsor. of Screven, Sims,

Jones,

Smith of Glynn,

Kenan,

Smith of Jefferson,

Kennedy,

Stewart of Mitchell,

Key,

Stewart of Rockdale,

Kimbrough,

Strickland,

Lamar,

Taylor,

Lanier,

Terrell,

Little of Talbot,

Vaughn,

Lumsden,

Veazey,

Madden,

Vickers,

Mathews,

Walker of Floyd.

Mauney, Mills,

"rWatts. at~nn;

Mixon. Monroe,

W' ' 'eaiyl ,,

Morgan,

'Vest.

MoyP,

Whaley,

McCord,

Wheeler,

McLane,

Williams of Jackson,

McGhee,

\Villiams of Upson,

McGarrity,

Wilcox,

McLendon,

Worsham,

McKibben,

l\fr. Speaker.

Those absent were Messrs.-

Arnheim, . Bailey, Belt, Birchmore. Brewster, Clay of Cobb, Coggins, Comer, Cook,
DuBose,
Felton of Macon,

Franklin of Thomas, Green of Clay, Griffith, Hagan, Harrison of Quitman, Pickett, Reynolds, Rich, Smith of Crawford, Smith of Gwinnett,

Stevens, Stewart of Marion, ::itonill, Tllte, Thomas,
Vming,
Walker of Putnam, Whelchel, Willhtms of Harris, Wilson.

618

JouRNAL o:F THE HousE.

Mr. Lumsden, of the Committee on Journals, reported that the Journal had been examined and found correct.
The Journal was then read and approved.
Leave of absence was granted to the foJlowing members, to-wit: Messrs. Felton of Macon, Whelchel, PerkiDB, Howard, Brown of Cherokee, Berner, Little of Talbot, Williams of Harris, Hill of Wilkes, Harrell of Decatur, McKibben and Featherston.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 1, to-wit:
A hill to designate the .officers of the County Court of Terrell county; to provide for their compensation, and for other purposes.
By unanimous consent, 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 94, nays 0, to-wit:
A bill ceding to the United States the jurisdiction ofthis State over such land in the city of Augusta as it may acquire title to, for the purposeof erecting a public building.
By unanimous consent, the following House bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays O, to-wit:
A bill for the relief and discharge of D. W. Price,. ex-County Treasurer of Douglas county, and his sureties, etc.
Mr. Glenn oflered the following resolution, which was read and referred to the Committee on Finance, to wit:
A resolution relating to the matters affecting the State of Georgia and the lessees of the Western and Atlantic Rail road.

.

-

MoNDAY, SEPTEMBEF 12, H!87.

619

Under a suspension of the rules the following bills were
introduced, read the first time, and appropriately referred, to-wit:
By Mr. DenneyA bill to incorpora~e the Traders Bank of Atlanta, Geor-
gia. Referred to Committee on Banks.
By Mr. Ried~
A 'bill to issue bonds for building school houses in the city of Eatonton, etc.
Referred to Committee on Counties and County Matters.
By Mr. Morgan-
A bill to provide tor the protection of landlords and their legal assignees in their liens on debts not due when the crops of the tenants raised on the rented premiRes are levied on by other process.
Referred to Committee on General Judiciary.
By Mr. Weil-
A bill to amend paragraph I, section 3, article 6, of the Constitution of Georgia.
Referred to Committee on General Judiciary.

By Mr. Madden-
. A bill to incorporate the town of Concord, in the county
of Pike, and State of Georgia, and to appoint Commissioners for the same, etc.
Referred to Committee on Corporations.
By Mr. Hutchison-
. A bill to incorporate the Tallapoosa Male and Female College, etc.
Referred to Committee on Corporations. By Mr. Olive-
. A bill to prescl'ibe the method of working the public roads in this State; to authorize the payment of a yearly

620

JOURNAL OF THE HOUSE.

commutation tax, and the levy of an ad valorem COillJ~IIQ

for that purpose, etc.

.

Referred to Committee on Roads and Bridges.

By Mr. Candler-

A resolution directing the Treasurer of the St&te ot Georgia, to pay to T. R. R!tmspeck, administrator of ~~ late E. M. Wood, Senator from the 34th senatorial district, his per diem and milage for the full time for which he was elected a member of the General Assembly.
Referred to Committee on Finance.

By Mr. Schofield-
A resolution to authorize Frank M. Long, of the county of Bibb, to peddle without license.
Referred to Committee on Finance.
By Mr. Fortner-

A resolution to relieve C. C. Thorp, J. W. Kight, Ql Johnson county, from forfeiture of a criminal bond.
Referred to Committee on Finance.

By Mr. Schofield-

A bill to vest exclusive jurisdiction in the ordinary over

committments in bastardy cases.



Referred to Committee on General Judiciary.

By Mr. McLendon-
A bill to amend au act to incprporate the Thomasville and Augusta Railroad Company.
Referred to Committee on Railroads.
A memorial from 500 laboring men of the city of Colum bus was read and referred to Committee on Labor and Labor Statistics, also a memorial from the laboring clasa of the city of Augusta, urging the passage of th bills now
pending before the Legislature affecting the laboring clueee;
which was also referred to same committee.
The following Senate bills were read the first time ao4
appropriately referred, to-wit:

MoNDAY, S'EP"rEMBER 12, 1887.

621

:By Mr. Robert!!, of the 14th Dist.A bill to regulate the public printing m the different
counties-of this State, etc. Referred to Committee on Public Printing.
By Mr. James, of the 36th Dist.- ~
A bill to amend an act to incorporate the Rome Street Railroad Company, and to define the powers, etc.; approved December 12th, 1884, etc.
Referred to Committee on Railroads.
By Mr. Livingston, of the 7th Dist.-
A bill to authorize, require and provide for the registration of the qualified voters of Brooks county, etc.
Referred to Committee on Special Judiciary.
By Mr. McCants-
A bill to. prevent the running at large of all horses, mules, cattle, sheep, goats and swine in Crawford county, etc.
Referred to Committee ou Counties and County Matters.
By Mr. Dean of 42.d Dist.-
A bill to incorporate the Coosawatee Steamboat Company, etc.
Referred to Committee on Railroads.
By Mr. Atwood of 2d Dist.-'-
A hili to incorporate the Darien and Dobay Telegraph Company, etc .
.Referred to Committee on Corporations.
By Mr. Smith of the 20th Dist.-
A bill to amend an act, approved Sept. 22, 1881, prohibiting the sale of spirituous liquors in the county of Wilkinson, Sta:te of Georgia.
Referred to Committee on Temperance.
By Mr. Jckson of the 37th Dist.-
A bill to create a Board of Trustees to sell and reinvest

622

JouRNAL oF THE HousE.

the proceeds of certain lands in the town of Franklb,t,

Heard county, Ga, known aA the vacant school lot, etc.' '

Referred to Committee on Corporations.



By Mr. Powell of the 22d Dist.-

A bill to repeal an. act entitled an act to carry into ek the last clause of paragraph 1, section 1, article 7 of the
Constitution of 1877, approved S~ptembet- 20th, 1879, aqd
the amendment thereto approved December 24th, 1884.
Referred to Committee on General Judiciary.

The following message was r~>ceived from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien; to define their powers and duties and for other purposes; passed by the requisite constitutional majority ; yeas 29, nays 0.
Also, a bill to amend an act to incorporate the town of Blakely in the county of Early ; passed by the requisite constitutional majority ; yeas 27, nays 0.
Also, a bill to amend section 1977 ofthe Code of 1882; passed by the requisite con-,titutional majority; yeas, 28, nays 0.
Also, a bill to repeal sections 742 and 743 of the Code of Georgia; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to provide for the registration of the qualified voters of Berrien county ; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to substitute another section for section 3929 of the Code, as to the oath of bailiffs ; passed by the requisite constitutional majority, yeas 27, nays 0.
Also, a bill to prohibit drunkenness and disorderly and indecent conduct in South View Cemetery in Fulton county i

MoNDAY, SEPTEMBER 12, 1887.

623

pas~~ed by the requisite constitutional majority; yeas 28,

nays 0.

.

Also, a bill to cede to the United States of America ex-

clusive jurisdiction over land in the city Gf Savannah ;

passed by the requisite constitutional majority; yeas 27,

nays 0. Also, a bill to provide for the taking of land which is
private property in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States; passed by the requisite constitutional majority; yeas 27, nays 0.

Also, a bill to make it unlawful to seine for fish in the Alapaha river and its tributaries in Wilcox county ; passed by the requisite constitutional majority, yeas 25, nays 0.

Also, a bill to incorporate the St. Mary's Satilla and Turtle Rivers Canal Company; passed by the requisite constitutional majority ; yeas 24, nays 0.

Also, a bill to incorporate the town of Loganville, in the county of Walton ; passed by the requisite constitutional majority; yeas 24, nays 0.

Also, a bill to incorporate the town of Bartow, in the county of Jefferson; passed by the requisite constitutional majority ; yeas 24, nays 0..

Also, a bill to authorize and empower the Mayor and Aldermen of the city of Milledgeville, to subMit to the qualified voters of said city, the question of taxation for the support of the Middle Georgia Military and Agricultural College and Eddy School ; passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate has also passed the. following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit :

A bill to create a County Court for the county of Early ; passed by the requisite constitutional majority; yea;; 26, nays 0.
Also, a bill to amend the charter of the Georgia South-

624

JouRNAL oF THE HousE.

ern and Florida Railroad; passed by the requisite eooatit&J

tiona! majority ; yeas 28, nays 0.



The Senate has also concurred in the folll)wing resolution of the House, to-wit :

A resolution to pay G. Y. Tigner, stenographer, and
W m. H. Haralson, sergeant-at-arms of the committee ap-
pointed to investigate charges against Judge Fain and others; concurred in by yeas 28, nays 0.
Also, a resolution for the appointment of a Commission to report as to the needs and probable cost in equipmeut and furnishing of the new Capitol building; concurred in; yeas 30, nays 0.
The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:

A bill to regulate the Public Printing in the different counties of this State; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also, a bill to repeal an act entitled an act to carry into. eftect the last clause of paragraph 1, of section 1, of article 7, of the Constitution of 1877; approved September 20, 1879; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a Senate resolution asking the American Forestry Congress and Southern Forestry Congress to hold their next sessions in Atlanta.
By unanimous consent, the following Senate resolution was read and agreed to, to-wit :

A resolution to invite the American Forestry Congresa and the Southern Fore~try Congress to meet in .Atlanta, in 1888.
By unanimous consent, the following bill was introduced read the first time, and referred to Committee on Temperance, to-wit:

By Mr. Williams, of JacksonA bill to prevent any dealer in intoxicating stimalanta

MoNDAY, SEPTEMBEB 12, 1887.

625

from registering as now required by law, until they h11ve paid all taxes or license fee demanded of them by Iaw.
By unanimous consent, the following House bills were taken up, and the Senate -amendments thereto were con. ourred in, to-wit:
A bill to 'amend the chart~r of the G~orgia Southern and Flbrida RailroadCompany, so as to authorize consolidation with said company of railroads in Florida ; the building of certain branch lines, etc. Also, a bill to create a County Court for the county of
Early; to define the power and jurisdiction, etc.
Upon motion, House resolution No. 176 was taken up, ~nd the same passed, by substitute, to-wit:
Resolved, That in addition to the present morning session, that the House hold on Tuesday's and Thursday's, of each week, an aJteFnOOn session, commencing at 3 o'clock.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker :

- The Governor has approved and signed the following acts of the General Assembly, to-wit :

An act to amend an act to incorporate the Metropolitan

Street Railroad Company, and for other ptirposesJ approved

_December 12th, 1882, so as to authorize said -company to

use any motive power for its cars on any of its lines that its

pfficers may think best for its interest.

Also, an act to authorize the town of Cedartown, in Polk

county, Georgia, to establish and maintain a system of pub-

lic schools for said town, and for other purposes.

Also, au act to to authorize the Commissioners of Roads and Revenues of Blll'ke county. to issue and sell bonds of

the county for building a jail and for other purposes.

Also, au act to repeal section 2 of an an act to organize a

40

.

626

JouRNAL oF THE Hou8E.

criminal court for the county of Decatur;. to define itsjuri~W diction, and for other purposes, approved February 2~1876~
Also, an act to amend an act entitled an act to inco~
rate the Georgia Loan and Trust Company; approved Sep-
tember 26, 1883, so as to empower said company to issue debenture bonds to the amount of the face value of its first mortgage or trust real estate bonds instead of to an amount not exceeding ninety per cent. of the face value of said loans, etc.
Also, an act to amend an act entitled an act to establish a system of public schools in the city of Newnan, Georgia, etc.; approved December 27, 1886,
Also, an act to provide for the payment of insolvent criminal costs to the officers of the County Court of Han- cock county, and for other purposes.
Also, an act to amend an act to incorporate the Columbus Railroad Company ; approved March 9, 1866.

The Governor has also approved the following_joint resolution of the General Assembly, to-wit:

A resolution directing the Treasurer to refund to Mrs. S. H. Meador $21.45, excess over tax and costs covered into trea.,ury, and arising from the sale of wild land lot No. 194, in the 7th district, 5th section, originally Carroll, now Haralson county.

St:>nate bill No. 74 was taken up, and, upon motion, the bill was tabled.

The following Senate bills were read the second time,' to-wit:

A bill to amend an act approved December 27, 1886,

to incorporate the Griffin, LaGr,mge and Western RaJlroad'

Company, etc.

.

Also, a bill tn regulate the insurance business of this

State; upon motion, the bill was recommitted to the Com-

mittee on Finance.

Also, a bill to amend an act incorporating the Darien

MoNDAY, SEPTEMBER 12, 1887.

627

Short Line Railroe.d- Company; approved September 19,

1885, et(l.

Also, a bill to incorporate the Du Pont, Macon and

Florida Railway Company.

Also a bill to repeal an act entitled an act to create a

Board of Commissioners of Roads and Revenue in the

county of Polk; approved Sept. 28, 1881.

Also, a bill to amend paragraph 1, of section 2, of article

n6'umofbtehreofCJoundsgtietsutoiof nthoef

this State, so as Supreme Court of

to increase the this State, from

three to five, to consist of a Chief Justice and four Asso-

ciate Justices.

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

A resolution requesting his Excellency, the Governor, to return Senate bill No. 87, amended in House, that said bill may be corrected and perfected.

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

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled and re'ady for the signatures of the Speaker of the House and President of the Senate the following acts, to-wit :
An act to consolidate, amend and supercede the acts incorporating the town of Greenville, in the county of Meriwether; to provide for Mayor anrl Councilmen.
Also, an act to cede to the United States exclusive jurisdiction over land in the city of Savannah.
Also, and act to create the office of Solicitor for the County Court of Macon county.
Also, a resl.llution to pay G. Y. Tigner, stenographer, and Wm. H. Haralson, sergeant-at-arms of the committee appointed to investigate charges' against Judge Fain and others.
Also, a resolution providing for the appointment of a Commission to report cost of furnishing new State Capitol.

628

JouRNAl, OF THE HousE.

Also, a resolution that the Goveroor be directed not to draw his warrant for $8,000 to the Atlanta -University under the act of March 3, 1874, until such a plan of expenditure as will secure the exclusive use of the same for the education of colored children only.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker:
The Committee on Enrollment, reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to.-wit:
An act to incorporate the North and South Short Line Railway Company.
Also, an act to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, except as provided by this act.
Also, an act to regulate the capture of terrapins in- the waters of this State.
Also, an act to amend an act to prescribe the manner, terms and specifications for letting the Public Printing to the lowest bidder.
Also, an act to prevent the robbing or destruction of_ the nests of mocking birds of their eggs and young birds within the limits of the town of Madison.
Also, an act to require owner~ of horses, mules,- cows, hogs, sheep, goats and stock of all kinds, to prevent the same from running at large in the 795th, 965th, and 966th, Districts, G. M. of Stewart county.
Respectfully submitted. IvY W. DuGGAN, Chairman.

House resolution No. 18, was taken up for a third reading, and, upon motion, the resolution was tabled.

MONDAY, SEPTEMBER 12, 1887.

629

House resolution No. 124, was taken tip for a third read-

,

" .~ ~

.

iog.

As the same provided for an appropriation, upon motion;

the House went into a Committee of the Whole House,

Mr. Way in the chair

Mr. Way, chairtrian of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

The Committee of the Whole House have had under consideration House resolution No. 124, which they instruct me to report back, with the recommendation that the same do pass, as amended.
The following resolution was then read the third time ; the report of the committee was agreed to ; as the bill provided for an an appropriation, it was necessary that the vote should be taken by yeas and nays upon the passage of the bill:
Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Black, Blalock, Bray, Brown of Henry, Brewster, Cameron, Chappell, Comer, Coney; Crawford, Denney, Duggan, Durrance, Evans,

Harrell of Webster, Harrison of Franklin, Harper, .Harris of Catoosa, Harris of Columbia, Harvey, Hawkins. Hayes, Henry, Henderson, Hughes, Hutt; Humphries of Clinch, Hutchison, ller, Johnson of DeKalb, Johnson of Echols, Johnson of Screven,

Nichols, Norris, Olive, Parker, Perry, Pittman, Preston, Ray, Rawls, Reid, Reillev, Rountree, Russell of Chatham, Russell of- Polk, Schofield, Shewmake, Simmons, Sims,

630

JouRNAL oF THE HousE.

Fagan, Felton of Bartow, Felton of Bibb, Fortner, Fordham, Foute, Franklin of Fannin, Gibson, Gordon, Glenn, Gresham, Grindle, Hale, Ham. Hart, Harrell of Decatur,

Jones, Kenan, Kennedy, Lanier, Lumsden, Madden, Mathews, Mixon, Morgan, McCord, McGhee. McGarrity, McLendon, McKibben, McCleskey,

Stewart of Mit.chell, Stewart of Rockdale, Strickland, Taylor, Terrell, Vea7.ey, Vickers, Watson, Wuy, Wei I. Whaley, Wheeler, Williams of Jack,;u11, Wilcox, \Yor,;ham.

Those voting in the negative were Meesrs.-

Dodgen,

Lamar,

Page.

Those not voting were Messrs.-

Adams "f Greene, Arnheim, Belt, Berner, Birchmore, Brady, Branch, Brown of Cherokee, Buchan, Calvin, Vandler, Clay of Cobb, Clay of Walton, Coggins, Cook, Darden, DuBose, Felton of Macon, Featherston, Franklin of Thomas, Gamble, Gardner, Green of Clay, Greene of Madison,

Griffith, Hagan, Hand, Harrison of Quitman, Hi II of :JHeri wether, Hill of Wilkes, Holland, Holleman, Howard, Hvwell, Humphries of B~ooks, Hunt, Key, Kimbrough, Little of Talbot, Mauney, Mills, Monroe, Moye, McLane, McMichael, Newton, Peeples, Perkins,

Piekett,
Reynold~,
Rieh. Russell ot Clarke, S111ith of Crawford. Smith of Glynn, Smith of Gwinnett, Smith of ,Jett'eroon. Stevens, Stewart ..,f Marion,Stovall, Tate, Thoma;, Vaughn, Vining, Walker of Floyd, Walker ot Putnam, Watts, West, Whelchel, Williams of H11rris, Williams of Upso11, Wilson, Mr. Speak~>r.

Yeas. 100. Nays, 3. Not voting, 72.

MoNDAY. SEPTEMBER 12. ~887.

631

Having received the requisite constitutional majority the resolution passed as amended, to-wit :
A resolution for the. relief of Henry J. Lamar, of the county of Bibb.
House resolution No. 153, was taken up for a third read. ing, and, upon motion, tabled.
House resolution No. 162, was taken up for a third reading, and, upon motion, the resolution was tabled.
House resolution No. 177, was taken up for a third read- ing; as the same provided for an appropriation, upon motion, the House went into a Committee of the Whole House, Mr. Perry in the chair.
Mr. Perry, chairman of the Committee of the whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration resolution No. 177 which they instruct me to report back with the recommendation that the same do pass.

The following resolution WhS then read the third time ; the report of the committee was agreed to; as the resolution provided for an approprirtion it was necessary that upon the passage of the bill the vote should be taken by yeas and nays.
Upon the call of the roll, the following was the result of the vote:

Tbose voting in the affirmative were Messrs.-

Adams of Elbert, Ashley, Atkinson, Black, Blalock, Branch,' Bray,
Brown of Henry, Brewster, Chappell,

Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hughes, Huff,

Nichols, Norris, Page, Parker, Perry, Pittman, Preston. Ray, Rawls, Reid,

632

JouRNAL OF THE HousE.

Vomer, coney,
Crawford, Darden, Denney, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Fortner, Fordham, Foute, Franklin of Fannin, Gibson, Gordon, Glenn, Greene of Madison, Gresham, Grindle, Hale. Hart, Harrell of Decatur, Harrell of Webster,

Humphries of Clinch, Hutt.hison, Iler, Johnson of DeKalb, Johnson of Echols, Johnson of Screven,. Jones, Kenan, Kennedy, Lamar, Lanier, Lumsden. :Madden, Mathews, Mixon, Monrue, Morgan, McCord, McGhee, )IcGarrity, McLendon, McKibben, McCleskey,

Reilley, Rountree, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Simmons. Sims,, Stewart of Mitchell, Stewart of Rockdale, Strickland, Taylor, Terrell, Veazey, Vickers, Watts, Watson, Way, Wei!, Wheeler, Williams of Jackson, Wilcox, Worsham.

Those not voting were Messrs.-

Adams of Greene, Arnheim,' Bailey, .Belt. Berner, Birchmore, Brady, Brown of Cherokee, Buchan, Calvin, Cameron, Candler, -clay of Cobb, Clay of Walton, Doggins, .Cook, Dodgen, DuBose, Duggan, Felton of Macon, .Featherston,

Griffith, Hagan, Ham, Hand, Harrison of Quitman. Harvey, HiL uf Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Humphries of Brooks, Hunt, Key, Kimbrough, Little of Talbot, Mauney, Mills, Moye, McLane.

Perkins, Pickett. Reynolds, Rich, Russell of Clarke, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Marion, Stovall, Tate, Thomas, Vaughn, Vining, Walker of .!!'loyd, Walker of Putnam, West, Whaley, Whelchel,

TuESD.Y, SEPTEMBER 13, 1887.

. 633

Franklin of Thomas, Gamble, Gardner, Green of Clay,

McMichael, Newton, Olive, Peeples,

Williams of Harris, Williams of Upson, Wilso.n, Mr. Speaker.

Yeas 100.. Nays 0. Not voting 75.

Having received the requisite constitutional majority, the resolution passed, to-wit :

A resolution to appropriate the sum of one hundred and fifty dollars to pay John M. Graham, Esq., for services rendered as stenographer.

Mr. Wheeler, of Walker moved to adjourn.

Upon this motion the yeas and nays were called for, which call was not sustained.
The motion prevailed, and the House adjourned until to-morrow mornillg at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, September 13, 1887.

The House met pursuant to adjoummeut; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Berner, Black, Brady, Branch, Bray,
BNlwn of B:enry, Brewster,

Ham, Hand, Hart, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes,

McCleskey, Nichols, Norris, Olive, Page, Parker, Perkins, Perry, Pittman, Pre;ton, Ray,

634

JouRNAL oF THE HousE.

Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Crawford, Darden, Denny, Hodgen, DuBose, Duggan, Durrance; Evans. Fagan, Felton of Bartow, Felton of Bibb, Fe!ton of Macon, Featherston, Fortner, Fordham, Foute, Fmnklin of Fannin, ranklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Madison, Gresham, Grindle, Hale,

Henry,

Rawls,

Henderson,

Reid,

Hill of Meriwether, Reilley,

Hill of Wilkes,

Rountree,

Holland,

Russell of Chatham,

Holleman.

Russell of Clarke,

Howard,

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Hutt:

Simmons,

Humphries of Brooks, Sims,

Humphries of Clinch, Smith of Crawford,

Hunt,

Smith of Glynn,

Hutchison,

Smith of Jefferson,

Iler,

Stewart of Mitchell,

Johnson of DeKalb, Stovall,

Johnson of Echols, Stricklan1_

Johnson of Screven, Tate.

Jones,

Taylor,

Kenan,

Terrell,

Kennedy,

Vaughn,

Key,

Veazey,

Kimbrough,

Vickers,

La mat,

Walker of Floyd,

Lanier,

Walker of Putnam,

Little of Talbot,

Watts,

Lumsden,

Watson,

Madden,

Way,

Matthews,

Wei!,

Mixon,

Whaley,

Monroe,
~!organ,

Wheeler, Williams of Harris,

McCord, McGhee,

Williams of Jackson, Williams of Upson,

McLane,

Wilcox,

McGarrity,

Worsham,

McLendon,

Mr. Speaker.

Those absent were Messrs.-

Adams of Greene, Arnheim, Belt, Birch more, Blalock, Brown of Cherokee, Cook. Green of Clay,

Harrison of Quitman, Mauney. Mills, Moye, McKibben, McMicha131, Newton, Peeples,

Rich, Smith of Gwinnett, Stevens, Stewart of Rockdale, Stewart of Marion,
Thoma8,. Vining, West,

TUESDAY, SEPTEMBER 13, 1887.

635

'Griffith,

Pickett,

Hagan,

Reynolds,

Harrell of Decatur,

Whelchel, Wilson.

Mr. Ray, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave of absence was grant~d to the following members, to-wit: Messrs. Stewart ot Rockdale, Sims, Clay oi Walton, Chappell and Mathews.

House bill No. 220, was taken up for a third reading; as the bill provided for an appropriation, the House went into a Committee of the Whole House ; Mr. Hill of Meri. wether, in the chair.

Mr. Hill, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration House bill No. ::!20, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to appropriate money to the University for the branch college at Thomasville.
Upon motion, the bill was tabled.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to requi1e the owners of horses, mule,., cows, hogs, sheep, goats and cattle and stock of all kinds, to prevent the . same from running at large upon the lands of another, Whether enclosed or unenclosed, in the 796th, 965th and 966th Districts of the county of Stewart, etc.

636

JouRNAL OF THE HousE.

Also, an act to prevent the robhing or destruction of the
nests of mocking birds of their eggs and young birds within the incorporate limits of the town of Madison, and for otber purposes.
Also, an act to amend an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder in accordance with art. 7, section 17, paragraph 1 of the Constitution, approved August 23, 1879, by adding a provision allowing for the rejection of bids in certain cases, etc.
Also, an act to levy and collect a tax of ten thousand dollars upon dealers in domestic wineR, except as provided in this act, to prescribe penalties for violation of this act and for other purposes.
Also, an act to consolidate, amend and supercede the acts incorporating the town of Greenville, in the county of Meriwether, to provide fol' Mayor aud Councilmen, define their powers and duties, etc.
Also, an act to regulate the capture of terrapins in the waters of this State, to provide penalties for a violation of the same, and for other purposes.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary, thereof:

Mr. Speaker:

The Senate has passed the following bill of the House by the requisite constitutional majority, yeas 26, nays 0, to-wit :

A hill to amend an amended act approved March 5th, 1875, which amended an act approved March 20th, 1873

so as to apply the provisionR of said act ot 1873, to the

incorporated towns and villages in Harris county.

Also .

'

the

Senate

has

concurred

in

a

resolution

of the

House, asking the Governor to return Senate bill No. 87,

for the purpose of having the same conected and pel'fected .

Mr. Terrell, chaitman oft he Committee on Counties and. County Matters, submitted the following report:

TuESDAY, SEPTEMBER 13, .1887~

637

Mr. Speaker : The Committee on Counties and County lV~atters have
had under consideration the following bill, which I am in$l:~ to report back to the House, with the recommendation that the same do pass, to-wit :
A bill to require County Commissioners of Fulton county to surrender funds arising from sale of fences, which were dividing lines between Fulton and DeKalb.
Also, the following bill which they recommend do not pass, to-wit :
A bill to authorize the Ordinary of Baldwin county to pay the expenses of the contest in the prohibition election.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker :

The General Judiciary Committee have had under consideration the following bill, which they instruct me to return to the House, with the recommendation that it do pass, as amended, to-wit:

A bill to incorporate the First Volunteer Regiment of Georgia.
Also, the following bill, which they recommend do pass, by substitute, to-wit :

A bill to amend section 2971 of the Code.
Also, the following bills, which they recommend do not pass, to-wit :

A bill to provide the manner of drawing the grand and petitjurors to serve in the Superior Courts.

Also, a bill to amend section 3910 (a) of the Code, so as

to provide for one Jury Commissioner from each militia

diRtrict.





Respectfully submitted.

R. L. BERNER, Chairman~

638

Jou:RNAL OF THE HousE.

Mr. Gord(m, chairman of the Committee on FiNaee,
submitted the following report:

.lfr. Sp~aker:

The Committee on Finance have had under conside~

tion the following resolution, which I am instructed tct

return to the House, with the recommendation that it do

pass, to-wit :

,.

A resolution directing the Treasurer to pay to T. R.
Ramspeck, administrator on the estate of the late E. H. Word, Senator from the 34th District, his per diem and mileage for the full term, for which he was elected to the General Assembly.

Also, a resolution which I am instructed to return to the House with the recommendation that it do pass, as amended, to-wit:

A resolution authorizing the Governor to purchase 400 copies of Hodges' Analytical Digest.

Also, a bill, which I am instructed to return to the House, with the recommendation that it do not pass, to-wit;

A bill to compensate Chas. P. McCalla for service~~ rendered the State.
Respectfully submitted. WJ\L W. GoRDON, Chairman.

Mr. Speaker :
The Committee on Labor and Labor Statistics, to whom was referred the various petitions touching the labor bills
now pending in the House, and especially urging the. pas-
sage of the Ten Hour and Minor bills, after careful examination, report :
That the same, coming as they do from all portions' of the State, at least indicate the working people, as against the great tendency to monopolistic legislation, have 1lt last awakened to the necessity of attempting to protect their rights.

TuESDA;Y; SEPTEMBER 13, '1887.

639

In all of the petitions presented, there is no demand. The respectful luguage in which all are couched, shows
au intelligent study of the situation, and a quiet determina-
tion in presenting their claims for recognition as a component part of the body politic of the State ; to ask, under the law, and abide the decision of its chosen representa-
tives. The petitions, running up into the thousands, are one of the most significant facts connected with their presentation, and we would recommend to the assembled wisdom and intelligence of the State a careful consideration of their requests so modestly but firmly urged, and such action as the importance Qf the questions involved imperatively demand.
Recognizing the parties who send these petitions as the bone and sinew of our people, upon whom mainly depends the peace, prosperity and good order of the whole State and as a class, on whom we mainly depend for the developement of our vast resources in peace and the protection of our rights and homes in time of trouble.
BeJieving they now ask for nothing but what they conceive to be their rights under the law, we submit the accompanying documents, and ask such attention be given them as they deserve.
Respectfully submitted.
JAMES E. ScHOFIELD, Chairman. J. A. Dodgen, D. R. A. Johnson, J. A. Harrison, S.. C. Hale, W. H. Morgan, R. E. Adams, John S. Reid, R. H. Lanier, C. Z. McCord, W. C. Glenn.

640

.JouR:r:uJ. OF THE HouSE.

.llr. Speaker:
The Committee on Manufactures have had under ooneid-
eration the following bills, and have instructed me to report
the same to the House, with . the recommendation that. the same do pass, to-wit :
Hou~e bill No. 100, entitled an act to fix and regulate the years at which minors. may be employed in cotton, woolen or other manufrcturing establishments in this State, and to provide remedies for violating the same.
House bill No. 184, entitled an act to regulate the employment of labor as amended by the commjttee.
Respectfully submitted.
C. Z. McCORD, Chairman, pro tem.
By unanimous consent, House resolution No. 18, and House bills Nos. 153 and 484 were taken from the table and reinstated upon the calendar.
The following bill was read the third time; the report of the committee was agreed to the proper legal proofs were exhibited ; and the bill passed as amended by the requisite constitutional majority, yeas 99, nays 0, to-wit:
A bill to require Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence and not elsewhere, etc.

The following bill was read the third time; the report of the committee was agreed to; upon motion of Mr. Wheeler, the action of the house iu agreeing to the report of the COlll mittee was reconsidered, and the bill amended by striking out the words $500 and the words $100 inserted in lieu thereof.
The report of the committee was argreed to as amended; the proper legal proofs were exhibited, and the bill paSAed
as amended by the requiste constitutional majority, yeas 93,
nays 0, to-wit:

TUESDAY, S~PTEMBER t:l, 1887.

641

A bill to amend an act entitled an act for the protection
of deer, partridge and, wild turkeys in the counties of Chatham and Bryan; to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, etc., and the amendatory act applying the provisions of said act to Fulton and other counties, so far as to strike out the word October, in section 1 of said original act, and insert in lie.u thereof the word November, and to apply this amendment only to Fulton county.
House bill No. 240 was then taken up for a third reading; as the bill provided for an appropriation, the Honse went into a Committee of the Whole House, Mr. Glenn in the chair.
Mr. Glenn, chairman of the Committee of the Whole House, submitted the following report :

Jfr. Speaker:

The Committee of the Whole House have had under consideration House bill No. 240, which they instruct me to report back, with the recommendation that the same do pass, as amended.

The following bill was then read the third time; the report of the committee was agreed to ; upon the passage of the hill it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adami of Elbert, Ashley, Atkinson, Bailey, Berner, Black,.
B~y.
Branch,
Brown of Henry,
41

Hale,

McCord,

Hand,

McLane,

Hart,

McGhee,

Harrell of Webster, McGarrity,

Harrison of Franklin, McLendon,

Harper,

McCleskey,

Harris of Catoosa,

Nichols,

Harris of Columbia, Norris,

Hawkins,

Parker,

642

JouRNAL OF THE HousE.

Brewster, Buchan, Calvin, Cameron, Candler, Chappell, (:lay of Cobb, Comer, Cuney, Crawford, Darden, Den11ey, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felt"n of Bibb, Felton of Macon, Featherston, Fortner, Fordha111, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Glenn, Greene of Madison, Gresham, Grindle,

Hayes,

Perkins.

Henry,

Perry,

Henderson,

Pittman,

Hill of Meriwether, Preston,

Hill of Wilkes,

Ray,

Holleman.

Rawls,

Howard,

Reid,

Howell,

Reilley,

Hughes,

Russell of Chatham,

Huff,

Russell of Clarke,

Humphries of Brooks, Russell of Polk,

Humphries of Clinch, Schofield,

Hunt,

Simmon8,

Hutchison,

Smith of Jefferson,

. ller,

Stewart of Mitchell,

Johnson of DeKalb, t>tuvall,

Johnson of Echols, Strickland,

Johnson of Screven, Taylor,

Jones,

Terrell,

Kenan,

Vaughn,

Kennedy,

Veazey,

Key,

Vickers,

Kimbrough,

Walker of Putnam,

Lamar,

Watts,

Lanier, Little of Talbot,

Watson, Weil,

Lumsden,

Whaley.

Madden.

Wheeler,

Mathews,

Williams of Jackson,

~fixun,

Williams of Upson,

l\lorgan,

Worsham.

Those not voting were Messrs.-

Adams of Greene, Arnheim, Belt, Birch more, Blalock, Bray, Brown.of Cherokee, Clay of Walton, Coggins, Cook, Dodgen, DuBose, Fonte, Franklin of Thomas,

Harrison of Quitman, Harvey, Holland, Mauney, Mills, Monroe, Moye, McKibben, McMichael, Newton, Olive, Page, Peeples, Pickett,

Sims, Smith of Crawtord, Smith of Glynn, Smith of Gwinnett,
Stevens, Stewart of Rockdale, Stewart of Marion, Tate, Thomas, Vining, Walker of Floyd,
Way, West, Whelchel,

TUESDAY, SEPTEMBER 13, 1887.

643

Green of Clay, Griffith, Hagan, Ham, Harrclfof Decatur,

Reynolds, Rich, Rountree, Shewmake,

Williams of Harris, Wilcox, Wilson, Mr. Speaker.

Yeas 120. Nays 0. Not voting 55.

Having received the requisite constitutional majority, the bill passed, as amended, to-wit:

A bill to make an appropriation to pay Moses Tomlinson, of Clinch county, in this State, for an artificial arm, under an act approved December 4, 1866.

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 98, nays 2, to-wit:

A bill to make operative the provisions of the stock law as to Fulton county.
Upon motion, House bill No. 100 was made the special order for to-morrow, immediately after the reading of the Journal.

M1. Mathews offered the following resolution, which was read and adopted, to-wit:

Resolved, by the House of Representatives, That from and atter the passage of this resolution, the printed calendar of the House shall contain a list of special orders, and orders of the day set for days subsequent to the date of the calendar.

By unanimous consent, House bills Nos. 926 and 927, were withdrawn.

Upon motion, House bill No. 1R4, was tahled.

The following bill was read the third time; the report

of the committee was agreed to, which was favorable to the ~ssage of the bill, by substitute; the bill passed, by sub-

stitute,- by the requisite constitutional majority, yeas 97,

nays O, to-wit :

.



644

-JouR-NAl, oF THE HousE.

A bill to incorporate the Cartersville, Marysville and Knoxville Railroad Company.
The following message was received from the Senate, through Mr. W. A Harris, the Se.cDeiary thereo-f:

Mr. Speaker :

The Senate has reconsidered and passed as amended the following Senate bill, returned by the Governor by re!1olution of the General Assembly, to-wit:

A bill to amend an act to incorporate the Atlantic, Bir-

mingham & Great Western Railway Company, passed by

vote of yeas 30, nays 0.



Mr. Calvin, offered the following resolution, which was read, and, upon motion, tabled, to-wit:

Resolved by the House of Representatives, the Senate concurring, That a joint committee of five from the Senate and seven from the House be appointed and instructed to study the convict lease problem, with a view to devising a system which shall be free from the objectionable features of the one now in' operation i.n the State.
Resolved, That all bills and resolutions, bearing directly on the subject matter of the foregoing resolution, be com mitted to said committee with instructions to report, by hillor otherwise, at the earliest day practicable.

Mr. Duggan, chairman of the Committee on Eurollmerit, submitted the following report:

Mr. Speaker :
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the Speaker of the Houee and President of the Senate the following acts, to-wit:
An act to provide for the taking of land, which is private _ property, in the city of Savannah, for the purpose of erect-
ing thereon a building for the use of the United Stares
Government.

TUESDAY, SEPTEMBER 13, 188~.

645

Also, an act to authorize and empower the Mayor and Aldermen of the city of Milledgeville to submit to the qualified voters of said city the question ot taxation for the support of the Middle Georgia Military and Agricultural College and Eddy School.
Also, ari act to substitute another section for section 3929 of the Code, as to the oath of Bailiffs.
Also, an aet to make it illegal to seine for fish in the Alapaha river and its tributaries, in ~Wilcox county.
Also, an act to prohibit drunkenness and indecent and disorderly conduct in Southview Cemetery, in Fulton county and within one-fourth of a mile of the same.
Also, an act to provide for the registration of the voters of Berrien county.
Also, an act to amend an act to incorporate the town of Blakely.
Also, an act to amend section 1977 of the Code of 1882. Also, an act to repeal sections 742 and 743 of the Code. Also, an act to incorporate the Brunswick and Atlanta Railroad Company. Also, an act to create a Board of ( ommissioners o( Roads and Revenues for the county of Berrien. Also, an act to incorporate the town of Bartow in Jefferson connty.
Also, an act to amend the charter of the Georgia Southern & Florida Railroad Company.
Also, an act to create a County Court for the county of Early.
Also, an act to incorporate the St. Mary's, Satilla & Turtle Rivers Canal Company.
Respectfully submitted.
IvY W. DuGGAN, Chairman.
Mr. Worsham, offered the following resolution, which was read and adoptee!, to-wit:
Resolved, That the afternoon, session of to-day be devoted to rt-ading a second time House bills favorably reported.
Upon motion, the House adjourned until 3 o'clock p. m.

646

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,

Tuesday, September 13, 1887, 3 o'clock, p.m.

The House met pursuant to adjournment and called tl>

order by the Speaker.



The roll was called, and a quorum was found to be
present.

Leave of absence was granted to Messrs. Monroe, Wilson

(indefinite) and Blalock.



Leave of absence was granted to the Committee on Corporations from the evening se;;sion ; also the Committee on Penitentiary.

The following bills and resolutions wete tead the second time, to-wit
A bill to amend section 2971 of the code of 1882.
A resolution to purchase Analytical Digest of the Georgia Reports prepared hy Robt. Hodges, etc.
Also, a resolution directing the Treasurer of the State of
Georgia to pay to T. R. Ramspeck, administratot ol the
estate of the late E. M. Word, Senator from the 34th Senatorial District, his per diem and milage for the full term for which he was elected a member of the General Assembly.
Also, a bill to incorporate the 1st VoluntcPr Regiment of Georgia, etc.
Also, a bill to incorporate the the Montezuma Steamboat Company, etc.
Also, a hill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay off indebtedness of said county.
Also, a bill to create a Board of Commissioners of Roads. and Revenues of McDuffie county, etc.
Also, a bill to continue in force an act to incorporate the Georgia Insurance Company, approved December 20,1860, etc.

TuE~DAY, SEPTEMBER -13, 188'7.

647

Also, a hill to alter and amend section 1969 of the Code of Georgia.
Also, a bill to amend an act entitled an act to establish in the county of Richmond, in this State, a Reformatory Institute; to provide for the mailhenance of the same, etc.
Also, a bill to amend an act entitled an act to provide a Board of Assessors of real and personal property subject to taxation for the county of Richmond, approved October 15, 1885, etc.
Also, a bill to repeal an act entitled an act for the disposition of fines and forfeitures from cases arising from the County Court of Sumter county.
Also, a bill to create a Board of Commissioners of Roads and Revenue in the county of Union, etc.
Also, a bill to prohibit the sale ot spirituous, malt or intoxicating liquors within three miles of Mount Carmel Church, in Walton county, near the Oconee line.
Also, a bill to prohibit hunting or fishing on the lands of another, in Wayne county, without the comient of the owner of the land.
Aloo, a bill to repeal section ti71 of the Code of Georgia. Al1'o, a bill to incorporate the town ot Ocean City, on Tybee Island in Chatham county, etc. Also, a bill to incorporate the Savannah, Vernon and Rosedew Railroad Company, etc.
Also, a bill to incorporate the Long Shoals and Rockland Railroad Company, etc.
Also, a bill to amend an act entitled an act to provide for a Board of Commissi11ners of Roads and Revenues for the counties of Thomas and Echols, approved Februaty 20, 1873, so far as the same relates to Thomas county, etc.
Also, a bill to prevent the hunting, killing and taking of deer and wild turkeys in the county of White during certain seasons, etc.
Also, a bill to prevent the running at large of horses, mules, cattle, sheep, etc., in Crawfor{l county, etc.
Also, a bill to incorporate the town of Cornelia, in the county of Habersham, etc.

648

JouRNAL oF THE HousE.

Also, a bill to provide for the registration of voters in the county of Macon, and to prescribe penalties, etc.
Also, a bill to require and provide for the registration of votets in the county of Burke, State of Georgia.
Also, a bill to incorporTtte the town of Sugar Valley, in the county of Gordon.
Also, a bill to incorporate the Progress Loan Imperial Improvement and ManufactUl'ing Company.
Also, a bill to amend an act entitled an act to establish a City Court in the county of Bartow, etc.; approved Octo ber 10, 1885, etc.
Also, a bill providing for the registration of qualified voters in Terrell county.
1\.lso, a hill to provide for the registration of the qualified voters of Worth county, etc.
Also, a bill to incorporate the Manufacturers' Insurance Mutual Aid Society.
Also, a bill to extend the public school term in Mitchell county, Georgia, etc.
Also, a bill authorizing the Board of County Commissioners of Mitchell county to submit to the qualified voters -of said county the question of issuing bonds to pay for a court-house, etc.
Also, a bill to establish a new charter for the town of Camilla, in the county of Mitchell, etc.
Mr. Duggan, chairman of t3e Committee on Enrollment>. submitted the following report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House and PrPsident of the Senate, the following act>:, to-wit:
An act to amend an amended act, approved March 5, 1875, which amends an act approved March 20, 1873, so as to apply the provisions of said act of 1873 to the incorporated towns and villages in Harris county.
Also, an act to incorporate the town of Logansville, i~ the county of Walton.

WEDNESDAY, SEPTEMB1!1R 14, 1887.

649

Also, an act to extend the corporate limits of the city of AtJanta over Piedmont Park for police purposes.
RespectfuHy submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Jfr. 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 Exc~ellency, the Governor, the following acts, to-wit:

An act to appropriate the sum of nine thousand dollars

for the purpose of completing, repairing and furnishing the

buiJdings of the Institute for. the deaf and dumb.

Also,~ an act to provide a system of public schools for

the city of Covington.

Also, an act to incorporate the North and South Short

Line Railway Company.

.

Also, an a~t to extend the corporate limits of Atlanta

over Piedmont Park for police purposes.

Respectfully submitted.

IvY W. DuGGAN, Chairman.

By unanimous consent, House bill No. 446 was recommitted to the Committee on Finance :

Upon motion, the House adjourned until to-morrow morning, at 9 o'clock.

ATLANTA, GEORGIA,
Wednesday, September 14, 1887.
The House met pursuant to adjournment; was called to
order by the Speaker, and opened with prayer by the
Chaplain.

650

JouRNAL OF THE HousE.

The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Greene, Arnheim, Ashley; Atkinson, Bailey,
Bern~r,
Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster, Buchan, Calvin. Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner,

Hart, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of ~leriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy, Key, Kimbrough, Lttmar,
Lanier~
Little of Talbot, Lumsden, Madden, Mauney, Mixon. Monroe, Morgan, MoyP,

Olive, Page, Parker, Perkins, Perry, Pittman, Preston, Ray, Rawls, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons,
Stms, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale~ Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Vining, Walker of Floyd, Walker of Putnam, Wutts, Watson,

WEDNESDAY, 8EPTEM1!ER 14, 1887.

651

Gibson, Gordon, Glenn, Green~ of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham, Hand,

McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, Newton, Nichols, Norris,

Way, Weil, Whaley, Wheeler, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Worsham, Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Belt, Birch more, Brown of Cherokee, Chappell, Uook,

Green of Clay, Harrell of Decatur, Harrison of Quitman, Mathews, Mill8, McMichHel,

Peeples, Pickett, Smith of Gwinnett, West, Whelchel, Wilson.

Mr. Preston, of the Committee on .Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.

Mr. McLendon, chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:
The Committee on Penitentiary have had under consideration the following bill, which they instruct me to return to the House, with the recommendation that it do pass, by substitute, to-wit :
A bill to create arid establish a permanent penitentiary and supply farm for this State.
Also, the following bill, which they recommend do not pass, to-wit:
A hill to establish a Reformatory Prison and House of Correction for this State.
Respectfully suhmited. S. G. McLENDoN, Chairman.

652

JouRNAL oF THE HousE.

The following message was received from the Se11ate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :

The Senate has passed the following bills of the Ho118e by the requisite constitutional majotity, to-wit:

A bill to amend the charter of the town of Thomasville

by extending the corporate limits for police purposes only;

passed by the requisite constitutional majority; yeas 28,

nays 0.

Also, a bill to prohibit the sale of spirituous, alcoholic or

malt liquors within three miles of Pleasant Grove and

Pleasant Hill Protestant churches, in the county of Jack-

son ; passed by the requisite constitutional majority; yeas 30,

nays 0.

Ali'o, a bill to require the Grand Juries in the several

counties of this State to inspect the common jails, and for

other purposes; passed by the requisite constitutional major-

ity; yeas 29, nays 0.

Also, a bill to extend the corporate limits of the city o{

Atlanta over the Piedmont Park for police purposes only;
pa'lsed by the requisite constitutional majority; yeas ao,

nays 0.



Also, a bill to fix the time for adjournment of the City

and Superior Courts in the State of Georgia; passed by the

requisite constitutional majority; yeas 29, nays 0.

Also, a bill to amend an act, approved September 4, 1885,

entitled an act to grant certain exemptions to the Southern

Cadets, a volunteer military company in the county of Bibb;

passed by the requisite constitutional majority; yea8 24,

nays 0.

The Senate has also passed the f<Jllowing bills of the Senate by the requisite constitutional majority, to-wit:

A bill to require ami provide for the registration of all voters in the county of Morgan, and for other .purpose therein named; passed by the requisite constitutional ma jority; ye~:ts 25, nays 0.

WED1U:8DAY, SEPTEMBEB 14, 1887.

653

Also, a bill to amend section 45 , 0 of the Code of this State, relating to the penalty for selling or furnishing liquor on election days, and for other purposes ~ passed by the requ~site constitutional majority; yeas 24, nays 0.
Also, a bill to prohibit the sale of intoxicating liquors in . three miles of the two churches and the academy in the town of Belton ; passed by the requisite constitutional majority; yeas 30, nays 0.
Also, a bill to amend section 4595 of the Code of Georgia of 1882, so as to make said section apply to tenant, laborer or cropper, using and making false and fraudulent promises to obtain advances in money or other valuable thing, thereby cheating and defrauding any person ; passed by the requisite constitutional majority; yeas 2S, nays 6.
The t~llowing message was received from His Excellency, the Gove1'nor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker :

The Governor has approved and signed the following acts of the General Assemby, to-wit:

An act to appropriate the sum of nine thousand dollars for the purpose of completing, repairing and furnishing the b.uildings of the Georgia Institution for the education of the deaf and dumb.

Also, an act to provide a system of public schools for the city of Covington, in the county of Newton ; to provide for the maintenance and support of the same, and for other purposes.

. Alllo, an act to incorporate the North and South Short Line Railway Company.

Also, an act to extend the corporate limits of the city of

Atlanta over Piedmont Park for police purposes.



Mr. Hawkins, chairman of the Committee on Pnblic Printing, submitted the following report:

654 .

JOURNAL OF THE HousE.

Mr. Speaker:
The Committee on Public Printing have had under con. sideration the following resolution of the House, which
they instruct me to report back to the House with the
recommendation that it do not pass, to-wit:
A resolution that all bills and resolutions of a general nature after a favorable report be printed.
Also, the following Senate bil1, which they recommend do not pass, to-wit :
A bill to regulate the public printing in the different counties of this State.
Respectful1y submitted. S. W. HAWKINs, Chairman.
Leave of absence was granted to the following members, to-wit: Messrs. Birchmore, Coney, Ashley, Stewart of Rockdale, Smith of Crawford, Hunt, Walker of Putnam, and Fagan.
By unanimous consent, House resolution No. 190 was taken up.
Upon motion, the same was recommitted to Committee on Finance.
The hour for the special order having arrived, upon motion of Mr. McCord, House bill No. 182 was taken up.
The following bill was then read the third time: Pending the consideration of the bill, upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, September 15, 1887. The House met pursuant to adjour~ment; was ca11ed to order by the Speaker, and opened with prayer by the Chaplain.

THURSDAY, SEPTEMBER 15, 1887.

655

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, A.rnheim, Aahley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brllwsier, Buchan, Jalvin. Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, l!'ranklin of Fa~nin, Gamble, Gardner, Gibon,

Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes; Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKal b, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy. Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McCord,

Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Heid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stevens, Stew.art of Mitchell, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Way,

656

JOURNAL OF THE HousE.

Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Hagan, Hale, Ham, Hand, Hart,

McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton, Nichol8, Norris, Olive,

Weil, West, Whal~y, Wheeler, Whelchel,
Williams of Jackson, Williams of Upson, Wilcox, Worsham,
Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Brown of Cherokee, Chappell, Cook, Coney, Fagan,

Franklin of Thomas, Griffith, Harrell of Decatur, Harrison of Quitman, Hunt, Mathews,

Smith_ of Gwinnett, Stewart of Rockdale, Vining, Williams of Harris, Wilson.

Mr. Lumsden, ofthe Committee on Journals, reported that the Journal of yesterday1s proceedings had been examined and found correct.

The Journal was then read and approved.

Mr. Walker, chairman of the Committee on Temper"' ance, submitted the following report:

l'Ir. Speaker:
The Committee on Temperance have had under consideration the following bills, which they request me to report back, with the recommendation that they do pass, to-wit:
A bill entitled an act to prohibit the making or selling of any intoxicating liquors within three miles of Midway Methodist Church in the county of Banks, and for other purposes.
Also, a bill to be eutitled an act to prohibit the sale of spirituous, malt or other intoxicating liquors within three miles of John Wesley M. E. Church and Marshall school house near Social Circle, in the Ci)Unty of Walton, and for other purposes.
Also, a bill entitled an act to prohibit the sale of liquor

. THURSDAY, SEPTEMBER 15, 1887.

657 't

within three miles of the Baptist church at Hepzibah, in the county of Richmond, State of Georgia, and for other purposes. Proofs regular.
Respectfully submitted. X. S. 'VALKER, Chai1man.
Mr. Felton, chai1man of the Committee on Agriculture, submitted the following report :

Mr. Speaker :
The Committee on AgricultL~re have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to prevent the running at large of stock in the 882d District, G. l\I., Schley county, Georgia.
Also, the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to repeal an act entitled an act to establish a Department of Agriculture for the State of Georgia.
Rt!specttully submitted.
,V, H. FELTON, Chairman.

Mr. Russell, of Clarke, chairman of the Committee on Banks; submitted the following report:

Mr. Speaker.

The Committee on Banks have had under consideration the following bill, which they instruct me to return to the House, with the recommendation that it do pass, to-wit:

A bill to amend an act to incorporate the Commercial Bank of Albany.
Also, the following bill which they recommend do pass, as amended, to-wit:

A bill to incorporate the People's Bank of Jefferson. Respectfully submitted.

42

R. B. RussELL, of Clarke, Chairman.

658

JouRNAL OF THE HousE.

Leave t'o-wit :

of absence was granted to the Messrs. McG.hee, Birchmore,

foAldloawmisngomfeEmblb~errst,'

Kimbrough, Rountree, Humphries of Clinch, Ray, Iler,

Pittman, Preston, Lanier, Vickers, Rawls, Hayes and Bla-

.lock.

By unanimous consent, House bill No. 659, was recommitted to Committee on Agriculture.
N otiee was gi vt>n that a minority teport from the Committee on Agriculture would be filed on House bill No. 388.

:\h. Schofield off!red the following resolution, wliich was read and referred to tlw Committee on Rules, to-wit :

Re8olved, That iu ordet to shut off much irrelevant debate from this vote, debate be limited to twenty minutes by any member except by consent of the House.

The hour for the special order having arrived, upon motion of Mr. Howell, House bill No. 425 was taken up.
The hill was then read the third time. Mr. Glenn moved to indefinitelv postpone action on the bill. Upon this motion the previous question was called, ~hich call was sustained, and the main question ordered. Mr. Felton, of Bibb, moved to reconsider the action of the House in sustaining the call for the previous question and ordering the main question put. Upon this motion the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result ofthe

vote, to-wit :



Those voting in the affirmative are Messrs.-

Bailey, Blalock, Brady, Bray, Calvin, Candler, Clay of Cobb,

Harris of Catoosa, Hayes, Henderson, Hill of Wilkes. Holland, Howell, Huff,

Perkins, Perry, Preston, Ray, Reid, Reilley, Reynolds,

THURSDAY, SEPTEMBER Hi, 1887.

659

Crawford, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, Fordham, Fr11nklin of Fannin, Gardner, Gibson, Gordon, Gnene of :\Iadisou, Gresham, Grindle,
Ha~an,
H>1m, H>1rt, Harper,

Humphries of Brooks, Russell of Chatham,

Humphries of Clinch, Russell of Clarke,

Hutchison,

Shewmake,

.Johnson of Screven, Simmons,

Kenan,

Sims,

Kimbrough,

Smith of Glynn,

Lamar,

8tewart of }fitcl1ell,

Lumsden,

Stewart of Marion,

~I .u.lden,

~trick land,

}l,mney,

Tate,

:\[organ,

Walker of Floyd,

}lcCord,

Watts,

}[c Lane,

\Vatsun.

:\lcLenJon,

Way,

:\IeKibben,

\Veil,

Xiehol;,

\\"est,

Oli\'e,

Williams of Upson,

Page,

Thm;e voting in the negative were Messrs.-

Adams of Greene, Arnheim, Atkinson, Belt, Berner, Black, Brauch, Brown of Henry, Brewster, Buchan, Cl!ly of Walton, C,>ggins, Darden, Durrance, Evans, Felton of Bartow, Fortner, Foute, Gamble, Glenn,

;.Greene of Clay, Hale, Hand, Harrell of webster, Harri''"l of Franklin, Hawkins, Henry. Hill of Meriwether, Howard,
Hu~hes,
Iler, Johnson of DeKalb, Johnson of Echols, Jones, Kennedy, LaniPr, Little of Talbot, Mixon, Monroe, McGarrity,

Newton, Norris, Parker, Pickett, Rawls, Rich, Rountree, Rus,;c,]] of l'olk, Schotield, Smith of Jefferson.
~tovall,
Taylor, Terreii, Vaughr1, Veazey, Vickers, Wheeler, Williams of Jackson, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Ashley, Birch more, Brown of Uherokee,

Harrell of Decatur, Harrison of Quitman, Harris of Columbia, Harvey,

Pittman, Smith of Crawford, Smith of Gwinnett, Stevens,

660

JouRNAL OF THE HousE.

Cameron, Chappell, Comer, Coney, Cvok,
DuBose,
Fagan. Featherston, Franklin of Thomas, Griffith,

Holleman, Hunt, Key, .Mathews, Mills,
.Moye, McGhee, McUieskey, Mc;\Iichael, Peeples,

Stewart of Rockdale, Thomas, Vining,
Walker of Putnam, Whaley, Whelchel,
Williams of Harris, Wilcox, "\\7 ilson, Mr. Speaker.

Yeas, 74. Nays, 59. Not voting, 42.

So the motion to reconsider prevailed.

Upon the question of indifinitely postponing action on the bill, the previous question was called, which call was sustained, and the main question ordered.

Upon this question the yeas and nays were called for, which call was sustained.
Upon the call of the roll the followini is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Atkinson, Bailey, Berner, Black, Brady, Branch,
Brewster, Cameron,
Clay of Walton, Coggins, Comer, Darden, Denney, Durrance,
.Evans, Felton of Bartow,
Fortner, Fordham, Fonte, Gamble, Gibson, Glenn,

Hale,

'Newton,

Harrell of Webster, Norris,

Harrison of Franklin, Parker,

Hawkins,

Pickett,

Henry,

Preston,

Henderson,

Rawls,

Hill of }feriwether, Reynolds,

Howard,

Rich,

Hughes,

Rountree,

Hutchison,

Russell of Chatham,

Iler,

Russell of Polk,

Johnson of DeKalb, Schofield,

Johnson of Echols, Simmons,

Johnson of Screven, Smith of Jefferson,

Jones,

Stewart of Marion,

Kennedy,

l:ltovall,

Lanier,

Taylor,

Little of Talbot,

Terrell,

Madden. Mixon,
Monroe, McGarrity, McKibben,

Vaughn,
Veazey, Watts, Wheeler, Worsham.

THURSDAY, SEPTEliBER" 15, 1887.

-t>61

Those voting in the negative were Messrs.-

LBelt, Blalock, Bray, --Brown of Henry,
Calvin, Candler, Clay of Cobb, -Crawford, Dodgen, Duggan, Felton of Bibb, Felton of .Macon, Franklin of Fannin, Gardner, Gordon, Greene of .Madison, Gresham, Grindle, Hagan, Ham, _Hurt, Hurper,

Harris of Catoosa,

Olive,

Harris of Columbia, Page,

Hayes,

Perkins.

Hill of Wilkes,

Perry,

Holland,

Ray,

Holleman,

Reid,

Howell,

Reilley,

Huff.

Russell of Clarke,

Humphries of Brooks, 8hewmake,

Humphries of Clinch, Sims,

Kenan,

Smith of Glynn,

Key,

Stewart of Mitchell.

Kimbrough,

Strickland,

Lamar.

Tate.

Lumsden,

'Valker ot Floyd,

llauney,

way,

Morgan,

Weil,

McCord,

West,

McLane,

'Villiams ot Jackson.

McLendon. McMichael, Nichols,

Williams ot Upson, Wilcox.

Those not voting were Messrs.-

Adam~; of Elbert, Ashley, Birch more, Brown of Cherokee, Buchan, Chappell, Coney, Cook, DuBose, Fagan,
Featherston, Franklin of Thomas, Green of Clay, Griffith,

Hand, Harrell of Decatur, Harrison of Quitman. Harvey, Hunt,
~Iathews,
Mills, Moye, McGhee, McCleskey, Peeples, Pittman, Smith of Crawtord,

Smith of Gwinnett, Stevens. Stewart of Rockdale, Thomas, Vickers, Vining, Walker of Putnam, Watson, Whaley. Whelchel, 'Williams of Harris, Wilson, .Mr. Speaker.

Yeas 70. Nays 65. Not voting 40.

So the motion prevailed, and the bill was indefinitely postponed, to-wit :

A bill to amend the charter of the Marietta and North Georgia Railroad.
The House then adjourned until 3 o'clock P. M.

662

Jou~AL OF THE HousE.

THURSDAY, 3 O'CLOCK, P.M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
Upon motion, the rules were changed and the evening session devoted to the reading of House and Senate bills favorably reported a second time.
Leave of absence was granted to the following members, to-wit: Me!Ssrs. Sims, John!Son of DeKalb, and Weil.
Leave was granted to the Committee on Corporations from the evening session.
Mr. McLendon, chairman pro tem. ol the Committee on Railroads, submitted the following report:

Jr. Speaker:
The Committee ou Railroads have had under consideration the following hill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend an act to incorporate the Rome Street Railroad Company, and to define its powerR, etc., approved on the 12th day of December, 1884.
Also, the fo!lowing bill ,,,.hich they ask be read the second time and recommitted to the Committee on Railroads, towit:
A bill to incorporate the New Lite water Power and Granite RaUway Company, etc.
Respectfully submitted. S. G. McLENDON, Chairman pr_o tem.
Mr. Jones, chairman of the Committee on Roads and Bridges, submitted the following report:

Mr. Speaker : The Committee on Roads and Bridges have had under

THURSDAY, SEPTEMBER 15, 1887.

663

consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to prevent the obstruction of water courses in this State.
Respectfully submitted. P. W. JoxEs, Chairman.
Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted t,he following report:

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which I am instructed to report to the House, with the recommendation that it do pass by substitute, to-wit :
A bill to amenrl section 1465 (b) of the Code, so as to require the Commissioner of Agriculture to be elected by . the people.
Resp~ctfully submitted. W. H .. FELTON, Chairman.
Mr. Feathe1ston, chairman pi'O tem. of the Committee on Corpor11.tions, submitted the following report:

Mr. Speaker:
The Committee on Rules to whom was referred a resolution in reference to limiting debate, which they recommend do pass by substitute.
Respectfully submitted. W. A. LITTLE, ex-officio Chairman.
Mr. Olive, chairman pro tem. of the Committee on Cor- poratiuns, submitted the following report:

iJb. Speaker :
The Committee on Corporations have had under consideration the following bill, which I am instructed to report to

664

JouRNAL oF THE HousE.

the .House, with the recommendation that it do pass; proqfs

correct, to-wit :



A bill to amend the act incorporating the town of ThQ~
to asville, so as to empower the mayor to sentence offenders

<- work on the streets, and for other purposes.

Respectfully submitted.

J. T. OLIVE, Chairman protem.

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

Mr. Speaker :

.

The Committee on Finance have had under consideration

- the following resolution, which they instruct me to return to

the House with the recommendation that the same do pass,

as amended, to-wit :

A re;;olution authorizing the ~ale of lot of land No. 749,

in the 1ith District and section 2 of Cobb county.



- Also, a resolution which they instruct me to return to

the House, witlt the recommendation that it do pass, by sub~

stitute, to-wit:

A resolution autho~rizing the Governor to sell the one
-hundred and eighty-six shares of stock in the Georgia Rail-
road and Banking Company now owned by the State.

Also, the following bill and resolution which they instruct me to retum to the House with the recommenda~
tion that they do not pas;:, to-wit:

A resolution appropriating $281.44 to sureties on the
bond ot J. A. Robson, late Tax Collector of Washington
county. Also, a bill to purchase the filrs of the ~Iilledgeville
Southern Recmder. Respectfully submitted, \V:\I. W. GoRDO~, Chairman.

Mr. Little, ex-officio chairman of the Committee on Rltles, .~ubmitted the followicg report :

THURSDAY, SEP'IEMBER 15, 1887.

665

. Mr. Speaker:
The Committee on Corporations have considered the fo.llowing bill, which they direct me to report to the House, with the recommendation that it do pass, to-wit :
A bill to be entitled. an act to ratify and confirm aQd amend the charter of the town of Chokee, Lee county of Georgia. (House bill No. 907.)
Also, a bill to be entitled an act to incorporate the . LaGrange Street Railway Company; to define its powers, and for other purposes. (House bill No. 616.)
Also, a bill to be entitled an act to amend the charter of Americus, etc., being House bill No. 908.
Also, a bill to be entitled an act to strike out, alter and amend so much of section 12 of the charter of the 'town of Harmony Grove, etc., being House bill No. 775.
Respectfully submitted. C. N. FEATHERSTON, Chairman pro tern.
The following Senate bills were read the second time, to-wit:
1\. bill to inc>rporate the New Life Water Power and Granate Railway Company, which was recommitted to Committee on Railroads.
Also, a bill to amend an act to incorporate the Rome Street Railroad Company, approved Dec 12, 1884.
The following House bills and resolutions were read the second time, to-wit :
A bill to amend section 1465 (b), of the revised Code of Georgia, so as to require the Commissioner of Agriculture to be electt>d by the people, etc.
Also, a bill to incorporate the Title Guarantee and Loan Company of Savannah.
Also, a bill to incorporate the Alabama Midland Railway Company
Also, a bill to prevent the obstruction of water courses in this Statt~.
Also, a bill to incorporate the Peoples Bank of Jefferson.

666

.JouRNAL oF THE HousE.

Also, a bill to amend an act to require and provide for
the registration of all voters of, the counties of Floyd, McDuffie, Burk, et al., so far as the same relatrs to the county
of Flovd, by striking therefrom said county of Floyd. Also, a bill to provide for the registration of voters in
the county of Floyd, etc.

Also, a hill to amend the charter of the city of Atlanta. so as to allow the City Council to increase the salaries of the Tax Receiver and Collector and Recorder.
Also, a bill to incorporate The Midland Telegraph Company.
Also, a bill to amend the charter of the Georgia Midland and Gulf Railroad Company.
Also, a bill for the protection ot game in Troup county. Also,' a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grdve Academy, in ~Walton county, Georgia. Also, a bill to amend an act,approved March 3, 1R74,

incorporating the town of Thomasville, ;;o as to empowPr the Mayor to srntence offenders to work on the street~, etc.

Abo, a bill to amend an act entitled an act to constitute
the Judge of City Court, in the county of Richmond, .exofficio Commissioner of Roads and Revenue for Richmond~

county. Also, a bill to incorporate the Lexington Terminal Rail:

road Company. Also, a bill to prohibit the sale of spirituob.,; or intoxi-
cating liquors within two miles of Sarem Baptist church,

near McDaniel's Station, in Gordon county, Georgia.

Also a bill to amend sections 10 and 14 of au act to establi:h a City Court in the county of Fluy(l, 'apprt;ved

Septt>mber 27, 1883.

.

Also, a bill to prohibit the manufacture of spirituous liquors from corn, wheat, rye and other gmin, in the county

of Fayette, and to provide penalties, de.

Also, a bill to amend an act entitled an at;t to incorpo-

rate the town of Austell, in Cobb county.

THURSDAY, SEPTEMBER 15, 1887.

667

Also, a bill to prohibit the manufacture of distilled spirits , of all kinds within the limits of the county of Clayton, etc.
Also, a bill to amend the registration laws in Wilkinson

county Also, a bi'll to amend an act to incorporate the Commercial
of Bank Albany, approved Dec 11, 1871.
Also, a bill to establish a syRtem of laws for the establish-
ment and government of Savings Banks, etc.
Also, a bill to amend an act establishing a City Court of

Macon . .A.l!oo, a resolution authorizing and directing the Governor
to sell the one hundred and eighty-six shares of stock in Georgia Railroad Company, now owned by the State
Also, a resolution to authorize the sale of lot of land, No. 747, in 17th district and 2d section of Cobb county.
Also, a bill to amend an act to incorporate the town of Rising Fawn, in the county of Dade, etc.
Also, a bill !o abolish the County Court of Pike county, etc.
Also, a bill to prohibit the manufacture of spirituous or malt liquors, in the county of Cam.pbell, in this State.
Also, a bill to authorize the Town Council of the town of Millen to 1evy a tax for school purposes, etc.
Also, a bill to incorporate the great North and South Railway Compa'ny.
Also, a bill to better protect the lands and farming inteest of 768th militia district, Taylor county, Ga.

Also, a bill to authorize the Georgia Electic Mound Improvement Company to build branch lines of railroads.

A Iso, a bill to amend an act entitled an act to establish a

City Court in the county of Bartow.

-

Also, a bill to prohibit the sale of distilled, malt or vi-

nous liquors within three miles of Gillesvjlle Baptist Church,

in Banks county.

-

Also, a hill to amend ~n act entitled an act to establish a

City Court in the county ot Bartow, approved October 10

1885.

'

1668

JouRNAL oF THE HousE.

-,' Also, a bill to provide for the payment of accounts of

road contractors against Chattooga county for work doft'e in the year 1884 upon public roads in that county.

Also, a bill to amend an act to organize a Board 'Of
'County Commissioners for the county of Gorrlon, etc
Also, a bill to prevent the running at large of stoc~ :i~

the 882d district G. M., in Schley county, Ga.

Also, a bill to prohibit the sale of spirituous or intox'icating liquor~'> within three miles of Bethleham Academy,

in Walton county, Ga. ,, Also, a bill to prohibit the sale of spirituous, mal~, or intoxicating liquors within three miles of the Metho,-

dist Protestant Chmch at Jessey, in walton county, Ga. Also, a bill to prohibit the sale of seed cotton in Wilk~

county, Georgia, from the Hith day of August to the 15th

day of December each year.

Also, a bill to incorporate the Thomasville and Ty-Ty

Railroad Company. A!so, a bill to anthorize the Mayor and Aldermen of the
city of Savannah, to require the grading, paving and othe~

wise improving, etc., of the streets and lanes of the city of

Savannah. Also, a bill to incorporate the Chattanooga Southern

Railway Company.

i

Also, a bill to authorize defendants convicted of any

offense in any of the county courts of this State, upon giv:ing notice of his intention to apply for the writ of certiorati,

to give bail instanter, to abide by and perform the fina,l

judgment in the case, etc.

'

Also, a bill to amend an act to prohibit the sale of spirit~

uous, malt or other intoxicating 1iquors in the county of

Coweta, etc. Also, a bill to p~;escribe the time of holding the Superior

Courts of Macon Circuit, etc.

towAnlsoo'f

aWhaisllhm.togteosnta,belitcsh.

a

system

of

public

schools

in

the )

Also, a bill to provide compensation for all manager!

THU~SDAY, SEPTEMliER 15, .1887.

669(1

a~d clerks <?f general and special elections held in Me-

. :q!lffie county, etc. Also, a bill to prohibit the manufacture, sale, exchange,:

bartering or furnishing, for a valuable consideration, of sp~rituous, vinous or other intoxicating liquors, in the .

county of DeKalb.

Also, a bill to incorporate the Macon Terminal Railroad

Company, etc.

Also, a bill to authorize and require the registration of all

voters in the county of Bartow.

Also, a bill to provide for the appointment of a Board of ,

Examiners for engineers operating stationery engines or

boilers under steam pressure for Fulton county by tile .

County Commissioners of said county.

Also, a bill to amend the 2d section of an act incurporat-

ing the town of Villa Rica, in Canoll county, approved ..

Sept 13, 1883.

Also, a bill to prevent the running at large in Lee county,

Georgia, all horses, mules, cattle, etc., to provide penalties,.

ect.

Also, a bill to incorporate the LaGrange Street Railway

Company.

Also, a bill to strike out, alter and amend so much of

section 12 of the charter of the town of Hatmony Grove,

etc.

,1

Also, a bill to allow pay to jurors as commissioners sworn '

in cases of lunacies, idiots, insane persons and epeleptics.

Also, a bill to amend the charter of Americus, Ga., etc.

Also, a bill to ratify and confirm and amend the charter of the town of~ Chokee, Lee county.

Also, a ,bill to amend the charter of the University of .

Georgia, so as to abolish the Board of Trustees for said in-

stitute, and provide for a Board of Regents instead, etc.

!Also, a bill to prohibit the killing of wild turkey and ,,

deer, at certain seasons, in the county of Habersham.

.

I.A~so, a bill to provide for the selection of a Jury Com-

~swner from each militia district in the county of Hab- .

ersham, etc.

'

670

JouRNAL oF THE HousE.

Also, a bill to provide for the selection of the county School Commissioner for the county of Habersham by a ballot of the qualified voters of said county
Also, a bill to ~epeal an act to change the line defining the corporate limits of the town of Newnan, in the county of Coweta
Also, a bill to prohibit the making or selling of intoxicating liquors within three miles of Midway Methodist Church, in the county of Banks.
Also, a hill to prohibit the sale of spirituous, malt or btoxicating liquo1s, within three miles of .John Wesley M. E. Zion Chn1ch and :\l:w'lhal school-house, near Social Circh,; in \Valtnn eounty, Georgia.
Also, a bill to require th~ County Commis)iioners of Fulton county to surrender the amount of funds now in the bauds of County Treasurer arising from the sale of fencing which were the dividing lines between Fulton and DeKalb counties, and to give the same to the districts or district from which the tax was levied for the e1ection of the same.
Also, a bill to amend the registration law of Lowndes county.
Also, a bill to incorporate the city of Culloden, in the county of Monroe, etc.
Also, a bill to alter and amend the act of Oct. 12, H!85, providing for the registration of voters of Telfair county.
Also, a bill for the protectio~ of birds and other game in Newton county.
Also, a bill to require owners of horses, mules, cows, hogs, sheep goats and cattle and stock of all kinds, to prevent the same from running at large on the lands of another in the following districts of Harris county : 672 (Hamilton), Mil ins, Upper 19, Catauta and Blue Springs.
Also, a bill to prohibit the sale of liquors within three miles of the Baptist Church, at Heplizabah, Richmond
county, of this State. Upon motion, Honse bill No. 642 was. made the special
order for Thursday of n~xt week, immediately after the reading of the Journal.

.FRIDAY, SEPTEMBER 16, 1887.

671

Upon motion, two hundred copies of House bill No. 642 were ordered printed for the use of the House.
Upon motion, the House adjourned until to-morrow
morning at 9 o'clock.

ATLANTA, GEORGIA,
Friday, September 16, 1887.
The House met pmsnant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
Th.e roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Greene, Arnheim, Atkinson, Bailey, Belt,
Bern~r,
Bircbmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster, Buchan, Calvin. Cameron, Candler, Clay of Cobb, Olay of Walton, Coggi'ls, Comer, Crawford, Darden, Denney,

Hand, Hart, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Ho.well, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Johnson of DeKalb, Johnson of Echols,

Norris, Olive. Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Ray, Rawls, Reid, Reilley, Reynolds, Rich, Russell of Chatham, Russell of Clarke, Russell of Polk, Sc1wfield, Shewmake, Simmons, S1ms, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson,

672

JouRNAL oF THE HousE.

Dodgen, DuBose, Duggan, I Durrance, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn. Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham,

J uhnson of Screven, Junes, Kenan, Kennedy, Key, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills, Mixon. Munroe, Morgan,
~fO.Yf',
McCord, McLane, McGarrity, McLendon, Mc:\lichuel, }IcKibben, McCleskey, Newton, Nichols.

Stevens, Stewart of Mitchell, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts. Watson, Way, wei!,
Whaley, West, Wheeler, \Villiams of Jackson, Williams of Upson, Wilcox, Worsham, Mr. Speaker.

Those absent were Messrs.-

Adams oi Elbert, Ashley, Brown of Cherokee, Chappell, Coney, (.)ook, Fagan,

Harrell of Decatur, Harrison of Quitman, Hunt, Iler, Kimbrough, McGhee, Prestc>n,

Rountree, Smith of Crawford, Stewart of Rockdale, Vining, Whelchel, Williams of Harris, Wilson.

Mr. Gibson, of the Committee on Journals, reported that the Journal ofyesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Leave of absence was granted to the following members, to-wit: Messrs. Kimbrough, Comer, Crawford, Walker of Floyd, Terrell, Sims, V eazy, Green of Madi~n,

FRIDAY, SEPTEMBER 16, 1887.

673

Howell, Key, Madden, Gamble, Morgan, Little of Talbot, Norl'is, Russell of Clarke, Hill of Wilkes and Coggins
Mr. Russell of Clarke gave notice that at the proper time he would move to reconsider so much of the action of the House on yesterday as relates to House Bill No. 425.
Upon motion of Mr. Scofield, House Resolution No. Hl5 was taken up, and upon motion, the same tabled, to-wit:
A resolution limiting debate to 20 minutes, etc.
The following message was received from the Senate through Mr. W. A. Harris, the Secntary, thereof:

Mr. Speaker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to incorporate the town of Kennesaw, m Cobb county, and for other purposes ; passed by the requisite constitutional majority, yeas 26, nays 0.

Also, a bill to repeal an act incorporating the town of Swainsboro, in the county of Emanual, approved December 22, 1857, and the several acts amendatory thereof and to provide a new charter for said town; passed by the'requisite constitutional majority, yeas 24, nays 0.
Also, a bill to amend the several acts incorporating the town of Palmetto, in Campbell county, by providing for the working of streets, and for other purposes ; passed by the requisite constitutional majority, yeas 27, nays 0.
Also, a bill to authorize the Mayor and Council of Thomasville, Georgia, to issue bonds. of said town under certain conditiohs, and for other purposes; passed by the requisite constitutional majority; yeas 28, nays 0.
The SP-nate has also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:

A bill to prescribe the time for cutting turpentine boxes

43

..

.

674

JouRNAL oF THE HonsE.

and fixing a penalty for a violation of the same ; passed by
the requisite consitutional majority ; yeas 25, nays 0. Also, a bill to provide a new charter incorporating the
town of Tennille, in the county of Washington, and for other purposes; passed by the requisite constitutional majority; yeas 30, nays 0.
The Senate has also passed the following bill of the Senate by the req ui,;ite constitutional majority, yeas 25, nays 0, to-wit:
A bill to change the time of holding the fall term of the Supvrior Coutt of Uniun cquuty, in the Xortheasteru Judicial Circuit, and fin other puq>osts
The Senate has also pa;;sed the following resolution of thP House, to wit:

A resolution fot the relief of E. A. Pollock, Tax Collector of Pulaski county, from the penalty of---dollars for failure to make a settlement with the Comptroller-General of the State of Georgia, and $50.00 special whisky tax for the year 1885; passed by the requisite constitutional majority ; yeas 30, nays 0.

Mr. Russell, of Clarke, moved to reconsider so much of the action of the House had on yesterday as relates to House bill~. 425.
Upon motion, the previous question was called, which call was not sustained.
Mr. Glenn moved to table the motion to reconsider. Upon the motion to table the yeas and nays wer~ called for, which call was sustained.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams llf Greene, Arnbeim, Atkinson, Bailey, Berner, Birchmore,

Glenn, Greene of Madison, Hale, Hand, Harrell of Wehster, Harrison of Franklin,

McGarrity, McKibben, Mcllicbael, Newton, Norris. Parker,

FRIDAY, SEPTEMBER 16, 1887.

675

Bhick, Brady, Branch, Brown of Henry, Brewster, Buchan, Cameron, Clay of Walton, Coggins, Comer, Darden, Durmnce, Evans, Felton of Bartow, Feutherston, Fortner. Fordham, Foute, G11mble,

Harris of Columbia, Hawkins. Henry, Henderson, Hill of Meriwether, Holland, Howard, Hughes, Hutchison, .Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, .Jones, Kennedy, Key, Little of Talbot, :\I ills, Mixon, :\Ion roe,

Pickett, Reynolds, Rich. Russell of Polk, Schofield, Simmons, Smith of Jefferson, Stewart of Mitchell, Stewart of .Marion, Stovall, Tn:dor, Terrell. Thomas, Vaughn, Yeazev. Watts. Wheeler. \\'oro ham.

Those voting in the negative were Messrs.-

Belt, Blalock. Bray, Calvin, Uandler, Clay of Cobb, Crawford, Denney, Dodgen, DuBose, Duggan, Felton of Bibb, Felton of Macon, Franklin of Fannin, Gardner, Gibson, Gordon, Gresham, Griffith, Grindle, Hagan,

Ham Hart, Harper, Harris of Catoosa, Hill of Wilkes, Holleman, He> well, Huff, Humphries of Brooks, Kenan, Lamar, Lumsden, "'Iadden, :\Iauncy, :Morgan, McCord, :\IcLane, McLendon, Nichols, Olive,

Page. Peeples, Perkins, Perry, Pittman, Russell ot Clarke, Shewmake, Sims, Smith of Glynn, Stevens, Strickland, Tate, Walker of Floyd, Watson, Way, Wei!, West, Williams of Jackson, Williams of Upson, Wilcox,

Those not voting were Messrs.-

Adams of Elbert, Ashley,

Hunt, Iler,

Rountree, Russell of Chatham,

676

JouRNAL oF THE HousE.

Brown of Cherokee, Chappell, Coney, Cook,
Fag~n,
Franklin of Thomas, Green of Clay, Harrell of Decatur, Harrison of Quitman, Harvey, Hayes, Humphries of Clinch,

Kimbrough, Lanier, Mathews, Moye, )IcGhee, McCleskey, Preston, Ray, Rawls, Reid, Reillev,

Smith of Crawford, Smith of Gwinnett, Stewart of Rockdale, Vickers, Vining. Walker ot Putnam, Whaley, Whelchel, Williams of Harris, vVilson, Mr. Speakbr.

Yeas. 74. Nays, 61. Not voting, 40.

So the motion prevailed, and the motion to reconsider was lost.

Mr. Strickland offered the following resolution which was read and tabled, fo-wit:

Re8olved, That when the Bouse adjourns to-day it ad. journs to meet Monday evening at 9 o'clock.

Mr. F(lton of Bibb, offered the following resolutimi, which was reau and adopted, to-wit:

Re8olved, That the session of to-morrow be devoted to the consideration of Senate bills favorably reported that are of local or special interest, and bank and railroad charters to which there is no opposition.
Mr. Olive, Chairman, pro tem, of the Committee on Corporations, made the following report :

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, to-wit :
Senate bill N c. 153, entitled an act to create a Board of Trustees to sell and reinvest the proceeds of certain lands in the town of Franklin, Heard county, Georgia, known as the vacant school lot, and for other purposes.
Also, House bill No. 924, entitled an act to repeal an act to prohibit the levy and collection of any taxes on any Iande

FRIDAY, SEPTEMBER 16, 1887.

677

within the corporate limits of the city of Newnan, which
. are kept exclusively for agricultural purposes other than
that levied and collected for State and county tax, approved March 2, 1874.
Also, House bill No 986, entitled an act to incorporate the town of Concord in the county of Pike and State of Georgia, appoint commissioners for the same, and for other purposes, which they instruct me to report to the House, with the recommendation that they do pass.
Also, House bill No. 547, entitled an act to incorporate the Marietta Insurance Company, and for other purposes connected therewith, which they instruct me to report to the House, with the recommendation that it do pass, as amended.
Respectfully submitted. J. T. OLIVE, Chairman pro tem.

Mr. Black, o:ffered the following resolution, which was read and referred to Committee on Rules, to-wit:
A resolution providing for an early adjournment, etc.
Mr. Ham o:ffered the following resolution, which was read and referred to Comt.littee on Rules, to-wit:
Resolved, That no more leaves of absence be granted from the session of to-morrow.
The unfinished business of Wednesday, which was the further consideration ot House bill No. 182, was taken up.
Upon motion, the unfinished business was displaced, and the bill placed upon the calender.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

678

JouttNAL oF THE HousE.

ATLANTA, GEORGIA,
Saturday, September 17, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Jones.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, Arnheim, .Atkinson, Bailey, Belt, Berner, Birchmore, Black, Brady, Branch. Bray. Brown of Henry, Brewster, Buchan, Calvin, Cameron, Candler, Clay of Cobb, Clay of Walton, Cook. Darden, Denny, Dodgen, DuBose, Duggan. Durrance, Evans. Felton of Bartow, Felton of Bibb, Felton of ~lacon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin,

Ham,

Page,

Hand.

Parker,

Hart,

Peeples,

Harrison of F1anklin, Perkins,

Harper,

Perry,

Harris of Catoosa,

Pickett,

Harris of Columbia, Pittman,

Hawkins,

Reilley,

Henry,

Reynolds,

Henderson.

Rich,

Hill of :\leri wether, Russell of Chatham,-

Holland,

Russell of Clarke.

Holleman.

Russell of Polk,

Howard.

Schofield,

Hugbes,

Shewmake,

Hutt:

Simn1ons,

Humphries of Brooks, Smith of Crawford.

Hutchi><lll,

Smith of Glynn,

Johnson of Dekalb, Smith of Gwinnett,

Johnson of Echols. Smith of Jefferson,

Johnson of Screven, Stevens,

Jones,

Stewart of Mitchell.

Ke11an, Kennedy.

Stewart of Rork<lale, Stewart of Marion,

Kimbrough,

Stovall.

L>illlln.

Stricklar <

Lanier.

Tnte.

Lumsden,

Taylor,

.Madden,

Thoma!',

:\latth~w~.

Vaughn,

.:\Linney. :Mills,

\Tickers, walker of Floyd,

:\lixon,

Wutts,

.Monroe,

Wutson,

Moye,

Way,

SATURDAY, SEPTEMBER 17, 1887.

679

Franklin of Thomas, Gardner, Gibson, Gordon, Glenn, Green of Olay, Gresham, Griffith, Grindle, Hagan, Hai(J,

~[c(Jord,
McGhee, :\lcLane, McGarrity. McLendon, McKibben, Mc:\Iichafll, Newton, Nichols, Olive,

Those absent were Messrs.-

Wei I, Whaley, West. \Vheeler, Whelchel, Williams of.Jackson, Williams of Upson, Wilcox, \Vorsharn, ~[ r. Speaker:

.&.dams of Elbert, Ashley, Blalock. Brown of Cherokee, Chappell. Coggins, Comer, Coney, craw lord, Fagan, Gamble, Green of .\ladisun, Harrell of De~atur,

Rt~rreli of Webster, Norris,

Harrison of Quitman, Preoton,

Harvey,

Ray,

Hayes,

Rawls,

Rill of \Vilkes,

Reid,

Howell,

Rountree,

Humphries of Clinch, Sims,

Runt,

Terrell,

Iler,

Veazey,

Key.

Vining",

Little of Talbot,

Walker of Putnam.

:\lurgan.

Williams ot Harris.

J\leCieskey.

Wilson.

Mr. Lumsden, of the Committee on Journals, reporte<.l that the Journal had been examined and Jound correct.
The Journal was then reacl and appr.ove<.l.

Mr. Felton of Macon, chairman oJ the Committe on Agriculture, submitted the fl>llowing report:

Mr. Speaker:

The Committee on Agriculture have had uri.der consideration the following bill, which I am instructed to return to the House, with the recommendation that the same do pass, as amended, to-wit :
A bill to prevent citizens, living in stock law counties, from pasturing their stock in counties that have not adopted the law.

680

JouRNAL oF THE HousE.

Also, the following bill, which they recommend that the

author be allowed: to withdraw, to-wit:

A bill to prohibit the sale of seed cott~ in the county of

Taliaferro.

Respectfully submitted.

w-. H. FELTON, Chairman.

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

!rlr. Spertker:
The General Judiciary Committee have had under consideration the following bills of the House, which I am instructed to report back with the tecommendation that the same do pa~s, to-wit:
A bill to provide that the liens which may hereafter be declared in favcr of mechanics, laborers or material men shall be good as between the parties for the space of 120 days.
Also, a bill to ptohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk.
Also, a bill to change the time of holding the fall terms of the Superior Courts of Clark> county.
Also, thP following Senate bill, which they recommend do pass, to-wit:
A bill to regulate and control the inspection and sale of naval stores.
Also, the fl>llowing hill, which they recommend do pass, as amended, to-wit:
A bill to 'prescribe the fees of Clerks of the Superior and City Coutts.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to settle and llefine the county lines in this State, wh~re differences may exist, between counties as to the boundary thereof.

SATURDAY, SEPTEMBER 17, 1887.

681

Also, the following bills, which they recommend do not pass, to-wit:
A bill to amend section 4630 of the Code. Also, a bill to amend section 2386 of the Code. Also, a bill to amend section 2385 of the r,ode.
Also, abill to make the provisions of the Code as to pre-
r scriptive title to land applicable, also as to claims of right to private ways over the lands of another. Also, a bill to amend section 4372 of the Code. Also, a bill to authorize the foreclosure of mortgages on crops in any county in which said crops may be found. Also, a bill to provide for the election of marshals, deputy marilhals and policemen in the several cities and towns of this State. Al>~o, a bill to provide tor the removal of appeal cases in the Justices Courts of this State when competent jurors cannot be obtained in the militia districts.
Also, a bill to punish defacing or tearing down notices posted by the Raihoad Companies.
Respectfully submitted. R. L. BERNER, Chairman.
Leave of absence was granted to the following members, to-wit:
Messrs. Evans, Stevens, Wei!, Russell and Arnheim, Gardner, Henderson, Howard, Harris of Uolumbia, Williams of Jackson, Smith of Jefferson, Clay of walton and West.
By Unanimous consent House bill No. 804, was recommitted to Committee on Special Judiciary.
By unanimous consent, House bill No. 22, was recommitte,l to the Committee on Agriculture.
By unanimous consent, House bill No. .552, was recommitted to Committee on Railroads.
Mr. Calvin offe1ed the following resolution, which was read and adopted, to-wit :

682

JouRNAL oF THE HousE.

Resolved, That on and after Monday next, there shall be two sessions of this House daily, except on Saturdays, the morning session shall begin at 9 a m, and close at 1:2:30. The afternoon session shall begin at 3 o'clock, and continue during the pleasure of the Honse.
By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. IlerA tesolution authorizing the Treasurer to pay to :\Irs.
Mary W. Blitch, of Bullock county, $25.65 excess over costs and taxes paid into the treasury from sale of lot 71 in the 8th district of Wilcox county.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit:
By Mr. HarrisA bill to require railroad companies of this State to re-
turn thrit property for taxation by counties in this State; to prescribe the mode of making such returns, etc.
Mr. JIIcLendon, chairman pro tem of the Committee on Finance, submitted the following report:

Jfl". Speaker:
The Committee on Finance have had under consideration the following bills and resolutions, which I am instructed to return to the Hou,e, with the recommendation that they do not pass, to-wit:
A bill to amend paragraph I, section 9, of article 3, of the Constitution of this State, in reference to the compensation of members of the General AssPmhly.
Also, a bill to allow Seaborn Nally, of Bartow county, to peddle without license in any ot the counties of this State.
Abo, a bill to authorize Frank M. Long, of the county o 1 Bibb, to peddle without license.
Also, the tollowing Senate tesolutioh to-wit:

SATURDAY, SEPTEMBER 17, 1887.

683

A. resolution authorizing the Governor to employ counsel, to institute suit in the Court of Claims to recover the Peter Trezevant Claim.
Respectfully submited. S. G. McLENDON, Chairman, pro tem.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays '0, to-wit:
A bill providing for the registration of qualified voters in Terrell county, Georgia.
Under a suspension of the rules, the following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, by the ruquisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax f()r the years 1887, 1888 and 1889, to pay off the indebtedness of said county.
Under a suspension of the rules, the following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to provide for the payment of acounts of road contractors against Chattooga county, for work done in the year 1884, upon the public r,oads of said county, etc.
Undu a suspension of the rnles, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill
passed by requisite constitutional majority, yeas 96, nays o,
to-wit:
A bill to create a Board of Commissioners of Roads and Revenue in the county of Union.

684

JouRNAL oF THE Homm.

Under a suspension of the ruleR, the following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to provide for the registration of voters in the county of Floyd, etc.
Under a suspension of the rules, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and th~ bill passed by the req nisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to authorize and require tbe registration of all voters in the county of Bartow, etc.
The following Senate bill was read the third time; the , report of the committee was agreed to; the proper legal
proofs were exhibited, and the resolution passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A resolution for relief of the Tax Collector of Talbot county.
The following Senate bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to provide for the registration of the legal voters of Clinch county.
The following Senate bill was read the third time; the rPport of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit:
.\ bill to alter and amend the registration act for the counties or Foyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, 'Vashington, Morgan, Sanders, etc.; approved Oct. 3, 1885, so far as the same applies to the county of Green, etc.

SATURDAY, SEPTEMBER 17, 1887.

685

By unanimous consent, House bill 896, was recommitted to Committee on Special Judiciary.
The following Senate bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by requisite contutional majority, yeas 88, nays 0, to-wit :
A bill to incorporate the Commercial Express Company. 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 90, nays 0, to-wit : A bill to incorporate the DuPont, Macon and Florida Railway Company.
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 0, to-wit :
A bill to provide for the transportation of lumber, naval stores and timber; to provide for the transportation of the same by tramways, and to fix the mode of laying out such ways.
The following Senate bill was read the third time ; the report of the committee was agteed to ; and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 3, to-wit :
A bill to amend an act approved December 27, 1886 ; to incorporate the Griffin, LaGrange and Western Railroad Company, etc.
Mr. Tate, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
The Committee on Special Judiciary have had under consideration. the following bills, which I am instructed to report back to the House, with the recommendation that the same do pass, to-wit :

686

JOURNAL OF THE HoUSE.

A bill to authorize, require and provide for the registration of the qualified voters of Brooks county, and for other purposes.
Also, a bill to regulate the fees of the Solicitor of County Court of Walton, and the cost of the Judge of said Court in certain cases.
Also, a bill to authorize the Ordinary of Habersham county to sell all insolvent tax fi. fas. belonging to said county, and for other purposes.
Also, a bill to increase the fE>es of Justices of the Peace, Notarie':i Public and ( onstables.
Also, a bill to amend an act entitled an act to tlstablish a City Court in the city of Carrollton, in the county of Carroll, and lor other purposes.
Also, a bill to require and provide for the registration of voters of the county of Burke, and for other purposes.
Also, the following bills, which they recommend do pass as amended, to-wit:
A bill for the relief of Miles G. Copelan, Tax Collector of Green county.
Also, a bill to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the Northern Judicial Circuit, to the payment of the cost accruing to the officers of the court, in which the conviction was had, and for distribution on the insolvent cost.
Abo, the following bills which they recommend do pass, by substitute, to-wit:
A bill to amend sections 10 and 14 of an act entitled an
act to establish a City Court in the county of Floyd, ap-
proved September 27th, 1883, and for other purposes.
Also, a bill abolishing the County Court of Upson county.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to amend an act, approved September 21, 1883, entitled an act to extend the corporate limitsof the city of Savannah, so as to exempt from taxai.ion all real ':lState and

SATURDAY, SEPTEMBER 17, 1887.

687

improvements thereon, lying north of the Louisville Road,

and west of the limits of the city of Savannah, as they

existed before the passage of the above entitled act, while

said property is used tor agricultural or manufacturing pur-

poses, or until the plan of the city is extended over said por-

tion of the city, and for other purposes.

Respectfully submitted.

F. C. TATE, Chairman.

Mr. Duggan, ehairman of the Committee on Enrollment, submitted the following report:

Jh. Speake1:

The Committee on Enrollnwnt reports as July enrolled, and signed by the Speaker of the House and President of the Senate the following acts, to-wit:

An act to prohibit drunkeness and indecent and disor-

derly conduct in South View Cemetery, in Fulton county,

and within one-fourth of a mile of the same.

Also, a resolution that the Governor be directed not to

draw his wanant for $8,000 to the Atlanta University under the act of March 3rd, 1874, until such a plan of

expenditures as will secure the exclusive use of the same for the education of colored children only.

Also, an act to provide for the registration of the qualified voters. of Benien county.

Also, an act to create a Board of Commissioners of Roads

and Revenues for the county of Berrien.

Also, an act to cedP to the United States of America ex-

clusive jurisdiction over land in the city of Savannah.

Also, an act to create the office of Solicitor for the County

Court of Macon county.



Also, an act to repeal sections 742 and 743 of the Code

of Georgia, and to provide in lieu thereof another mode of

obtaining rights..:of-way by persons engaged in the business

of mh.ing.



Also, an act to provide for the taking of land which is private property, in the city of Savannah, for the purpose

68R

JouRNAL oF THE HousE.

of erecting thereon a building for the use of the United States Government for a post-office, court house, etc.
Also, a resolution providing for the appointment of a commission to report as to the needs and probable tost in the equipment and furuishing of the new State Capitol building.
Also, a resf)lution to pay G. Y. Tignor, stenographer, and W m. H. Haralson, Sergeant-at-Arms, of the committee appointed to investigate charges against Judge Fain and others.
Also, an act to make it illegal to seine for fish in tlie Alapaha River, and its tributaries, in \Vilcox county.
Also, an act to authorize and empower the Mayor and Aldermen of the city of Milledgeville, to submit to the qualified voters of said city the question of taxation for the support of the Middle Georgia Military and Agricultural College and EJdy School.
Also, an act to amend section 1977 of the Code of 1882. Also, an act to incorporate the Brunswick and Atlanta Railroad Company. Also, an act to incorporate the town of Bartow, in the county of J etferson.
Also, an act to amend an act to incorporate the town of Blakely, in the county of Early.
Also, an act to substitute another section for section 3929 of the Code, as to the oath of Bailiffs
Respectfully submitted. IvY W. DuGGAN, 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 92, nays 0, to-wit :
A bill to incorporate the Bue.na Vista Loan and Savings Bank, etc.
The following Senate bill was read the third time ; the report of the committee was agreed to, and the bill passed

SATURDAY, SEPTEMBER, 17, 1687.

689

by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to authorize the judges of the Superior Courts of this State to call special terms of their courts to grant charters to co1porations unde1 the same rules, regulations and restrictions now required by law for grant of 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 88, naye 0, tv-wit:
A bill to prohibit the sale of any spirituous or malt liquors within three miles of the Lula Methodist Church in Hall county, of this State, (>tc.
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 92, nays 0, to-wit :
1\ bill to provide for the manner of making public con-
tracts in Oeonee and Clarke counties.
The following Senate bill was read the third time, the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to amend an act entitled an act to provide tor a Board of Commissi-oners of Roads and Revenue for the county of Oconee.
The following Senate bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the re~uisite constitutional majority, yeaR 93, nays 0, to-wit:
A bill to confirm an ordinance of the City Council of Augusta, entitled an ordinance to prescribe the time and conditions under which the power of the Augusta Canal will be let and rented, and for other purposes, passed Marth 24, 181!6, etc,
The following Senate bill was read the third time ; the 44

690

JouRNAL oF THE HousE.

report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majQrity, yeas 94, nays 0, to-wit:
A bill to amend an act entitled an act to regulate the time for which the members of the City Council of Augusta, shall hold office, etc.
The following Senate bill was read the third time; the report of the committee wa~ agreed to, and the bill passed by I'Pqui~ite con"titutional majority, yeas 92, nays 0, to-wit:
.-\ hill to amend an act incorporatiug the Darien Short Line Railroad Compauy; approwd Sl'pt. 19, 1885, so as to allow :;aid Railroad Company to increase its capital stock.
The following Senate bill was read the third time; the report of the committee was agreed to; proper proofs exhibited, and the bill passed as amended by the requisite constitutional maiority, yeas 93, nays 0, to-wit:
A bill to amend an act to incorporate the Rome Street Railroad Company, etc., approved 12th day of December, 1884,
By unanimous consent, the following bill was introduced, read the first time and referred to Committee on Corporations, to-wit :
By Mr. JohnsonA bill to incorporate the town of Collinsville, in DeKalb
and Rockdale counties.
,By unanimous consent, Honse bill No. 789, was taken up for passage.
As the bill provided for an apprQpriation the House we.ot into a Committee of the Whole HouS(l, Mr. Gardner~ in the chair. Mr. Gardner, chairman of the Commit~e of the Whole House, submitted the following report :

Mr. Speaker : The Committee of the Whole House have had under con-

SATURDAY, SEPTEMBER 17, 1887.

691

sideration House bill No. 789, which they instruct me to report back, with the recommendation that the same do pass, as amended.
The following bill was then r~ad the third time; the report of the committee was .agreed to; upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the same provtded for an appropriation .
.Upon the call of the roll the following is the result of the vote, to-wit :

Thosevoting in the affirmative were Messrs.-

Atkinson, Helt, Ber11er, Birch more, Black, Brady, Branch, Brown of Henry.
Brt~wster,
Buchan, Jalvin. Cameron, Candler, Clay of Cobb, Clay of Walton, Cook, Darden, Denney, DuBose, Duggan, Durrance. Felton of Bartow, Felton of Bibb, Felton of Macon, Fortner, Fordham, Fouta,
Franklin of Fa....ni,n, Gardner, Gibson, Glenn, Gresham, Griflitb, Grindle, Bagan,

Hale, Ham, Hand, Hart, Harrison of Franklin, Harper, Harris of Columbia, Harvey, Hawkins, Henry, Hill of Meriwether, Howard, Hughes, Huff; Humphries of Brooks, Hutchison, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy, Lamar, Lumsden, Mathews, Mauney, Mills, Mixon, Monroe, McUord, McGarr1ty, McLendon, McMichael, Newton,

Nichols, Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Reilley, Reynolds, Rich, Schofield, Shewmake, Simmons,
Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens,
t:itewart of Mitchell, t'ltewart of Marion, Stovall, Strickland, Tate, Taylor, Thomas, Vaughn, Watson, Whaley, West, Wheeler, Williams of Upson, Wilcox, Worsham.

692

JouRNAL OF THE HousE.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Arnbeim, Ahley, Bailey, Blalock. Bray, Brown of Cherokee, Chappell, Coggim, Comer, Coney, Crawford, Dodgen, Evans, ]'agan, Featherston, Franklin of Thomas, Gamble, Gordon, Green of Clay, Greene of .Madison, Harrell of Decatur, Harrell of 'Vebster,

Harrison of Quitman, Harris of Catoosa, Hayes, Henderson, Hill of Wilk'es, Holland, Holleman, Howell, Humphries of Clinch, HunL, Iler. Key, Kimbrough, Lanier, Little of Tal bot,
~Iadden,
~I organ, Moye.
~IcLane,
McGhee, McKibben,
~IcCleskey,
Norris, Preston,

Ray, Rawls, Heid, Rountree, Hussell of Chatham. Russell of Clarke, Russell of Polk, Sims, Smith of Crawford, Stewart of Rockdale, Terrell, Veazey, Vickers, Vining, Walker of Floyd, 'Valker of Putnam, V\T atts, Way, Wei!, Whelchel, Williams of Harris, Williams of Jackson, Wilson, Mr. Speaker.

Yeas 103. Nays 0. Not voting 72.

Having received the requisite constitutional majority, the bill passed, to-wit:
A bill to appropriate the sum of two hundred dollars to pay Emmet Barnes for his services in reporting testimony.

Mr. Duggan, chairman of the Committee on Enrollment,

submitted the following report :

.

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House . and President of the Senate, the following acts, to-wit:
An act to authorize the Mayor and Council of the town of Thomasville, Georgia, to issue bonds to be used for the purchase of land for park purposes and for water works.

SATURDAY, SEPTEllfBER 17, 1887.

693

Also, an act to amend an act entitled an act, to submit to the qualified voters of the towns of Calhoun and Resaca, the question as to whether any spirituous or malt, vinous and other intoxicating liquors, shall be sold within the limits of said towns.
Also, an act to relieve E. A. Pollock, Tax Collector of Pulaski county.
Also, an act to amend an act to incorporate the Exchange Bank of Macon.
Also, an act to amend an actentitled an act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, so as to embrace Richmond.
Also, an act to repeal an act incorporating the town of Swainsboro, and to provide a new charter for said town.
Also, an act to fix the time for the Superior and City Courts in the State.
Also, an act to amend an act approved September 4th, 1885, entitled an act to grant certain exemptions to the Southern Cadets, of Bibb county.
Also, an act to prohibit the sale of spirituous liquors within three miles of Pleasant Grove and Pleasant Hill Methodist Churches, in Jackson county.
Also, an act to amend the charter of the town of Thomasville.
Also, an act to require grand juries to inspect jails in their counties, etc.
Also, an act to incorporate the town of Kennesaw, in (;obb county, and to elect officers therefor.
Also, an act"to amend the several acts incorporating the town of Palmetto, in Campbell county.
Also, an act to ratify the consolidation of the Augusta and Knoxville Railroad Company with the Port Royal and Western Carolina Railway Company, and to authorize the

694

JouRNAL OF THE HousE.

Port Royal and Augusta Railway,Company to con~>olidatl' with said last named company, and for other purposes.
Respectfully submitted.
Iv-r- W. DuGGAN, Chairman.

Upon motion the House adjourned until Monday morning at 9 o'clock.

ATLA~TA, GEORGIA,
Monday, September 19, 1887.

The House met pursuant to adjournment; was called to order by the Speaker p1o tem., and opened with prayer by the Chaplain.

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

Those present were Me:-;srs.-

Adams of Greene, _Bailey, Belt, Berner, Birchmure. Black, Blalock, Brady. Branch, Bray, Brewster, Buchan. Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, 'Comer, Cook, Denney, Dodgen,

Harri,.nn of Franklin. Parker,

Harri5tJO vf Quitrnun, Peeples,

Harper.

Perki11s.

Harris of Catoosa,

Perry,

Harve\,

Pickett,

Hawkins,

Pittman,

Henry.

Ray,

Hill of Mt>riwether, Reynolds,

Holland,

Reid,

Howell,

Rich.

Hughes,

Rou11tree.

Huff.

Rus"ell of Chatham.

Humphries of Brooks. Russell of Clarh,
Hun.phries of Clinch, Rus8e11 of Polk.

Hutchison,

Schofield,

.Jo!Jn,on of DeKalb, Shewmake,

Joh'""n of Echols, ,Johnsor. of Screven, Jones. Kenan. Kennedy, Kimbrough,

Simmons, Sin1s, Smith of .Glynn, Smith of Gwinnett, Smith of .Jefferson, Stewart of Mitchell,

MoNDA"Y, SEPTEMBER 19, 1887.

695

Duggan, DuBose, Durrance, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, Foute, Franklin of Fannin,
Gordon, Glenn, Green of Clay. Gresham, Griffith, Hagan. Hale. Ham, Hand, Hart,

Latmtr,
Lum~den.
1\fnthews, Mauney, Mills, Mixon. Monroe, Moye, McCord, McLane, McGhee, McGarrity, :\lcLendon, !l!cKibben,
~[cCieskey.
Me ;\[icht\c1. Newton, Nichols. o;1n. Page,

Stewart of Rockdale, Stewart of Marion, Stonlll, Strickland, Tate. Taylor. Terrell, Thomas, Viekers, "\Valker of Putnam. Watts. "\Vut;;on, Wuy,
~'est.
Whaley, Wheeler, Whelchel, Williams of Jackson, Wilcox, Wilson.

Tho~e absent were Messrs.-

AdBms of Elbert. Arnheim, Ashley, Atkinson, Brown of Henry. Brown of Cherokee, Coggins, Coney, Crawford, Darden, Evans, Fagan. Felton of Macon, Franklin of Thomas, Gamble. Gardner, Gtbson.

Greene of Madison, Grindle, Harrell of Decatur, Harrell of Webster, Harris o1 Columbia, Hayes. Henderson. Hill of "\Vilkes. Holleman, Howard, Hunt. Iler. Key. Lunier, Little of Talbot, :\ladden.

Morgan, Norris, Preston, Rawls, Reilley. Smith of Crawford. Stevens, Vaughn.
Veaze~. VIning.
\Valker of Floyd. Weil. Williams of Burris, Williams of Upson, Worshfun. Mr. Speaker.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct.

The .Journal was then read and approved.

Leave of absence was granted to the following members,

696

JouRNAL oF THE HousE.

-
to-wit : Messrs. Gibson, Veazey, Worshaw, Norris, Felton

of Macon, Smith of Crawford, Holland, Little of Talbot,

Vaughn, Darden, Grindle, Little of Muscogee, Reilley,

Atkinson, McCleskey. Hawkins, Belt and Gamble.

Mr. Calvin offered the following resolution, which was read and adopted, to-wit :

Resolved, That the order of business for the morning session this day shall be the reading of House bills Javorably reported, and the reading of Senate bills for reference.
The following Honse bill was read the second time, to-wit :

A bill for the relief of Miles G. Copelan, Tax Collector of Greene county.

The following message was receive<] from the Senate, through .Mr. W. A. HatTi:s, the Secretary thereof:

Mr. Speaker :

The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to ratify the consolidation of the Augusta and Knoxville Railroad Company with the Port Royal and western Carolina Railway Company, and to authorize the Port Royal and Augusta Railway Company to consolidate with said la:o~t uamed company, and to authorize the Augusta and Knoxville Railway Company and the Port R0yal and Augusta Railway Company to mortgage their property and franchises; pa~sed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to amend an act entitled an act to prescribe the mode oJ gtanting license to sell intoxicating liquors in the countie"' <~f ,J emr:son, Burke and \Vashington, approved F-ebruary 20, 1873, so as to embrace Richmond within the provisions of said a('t; pa.~sed by the requisite constitu
tional majority; yeas 23, nays 0. Also, a bill to provide for election of Vice-President of

MoNDAY, 8EFTEMBER19, 1887.

697

the Exchange Bank of Macon Georgia; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the Atlantic, Atlanta and Great Western Railroad; passed by the requisite com;titutional majority ; yeas 24, nays 0.
Also, a bill to amend an act to submit to the qualified voters of the towns of Calhoun and Resaca, in Gordon county, as to whether any spil'ituous, vinous or malt liquors shall be sold anywhere withithin the corporate limits of said towns; pllssed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to incorporate the Austell Banking Company ; to define its powers and duties; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate has also passed the following bills of the House, with certain amendments, by the requieite con~Stitu tional majority, to-wit:
A bill to incorporate the Bank of Cuthbert; to be located in Cuthbert, Georgia; pas~ed by the requisite cnnstitutional majority; yeas 25, nays 0.
Also, a bill to incorporate the Augusta Steamboat Company; pa><sed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to in<>orporate the Citizens' Bank of Savannah; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to incorporate the Albany Savings Bank; passed by the requisite constitutional majority; yeas 23, nays U.
The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend section 4251 of the Code of Georgia of 188:2, and for other purposes; passed by the constitutional majority ; yea~' 25, nays 0.
Also, a bill for the protection of game and insectiverous birds and birds of song in the county of Telfair, and

698

JouRNAL OF THE HousE.

for other purposes; passed by the requisite constitutional

majority; yeas 26, nays 0.



By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:

By Mr. Chappell~

A bill to amend an act to vest the titles to the commons of the city of Columbus in commissions.
Referred to Committee on Corporations.

By Mr. Green, of Clay-
A bill to incorporate the town of Bluffton, in the county of Clay, State of Georgia.
Refened to Committee on Corporations.

By Mr. Newton-

A bill to a appropriate $33 to M. M. Blanton, refunded liquor tax, etc.
Referred to Committee on Finance.

By Mr. Hughes-

A resolution to authorize Daniel J. Matthews, to pPddle without license.
Referred to Committee on Finance.

By :VIr. BrayA bill to incorporate the Atlanta Suburban Railway
Company, etc. Reft>rred to Committee on Railroads.

The following House bills were read the second time, to-wit:
A bill to appropriate the proceeds of the hire of mi~de meanor convicts in the counties composing the Northern Judicial Ci1cuit to the payment of the costs acqruing to the officers of' the Court in which the conviction was had, and for distribution on the insolvent costs.

Also, a bill to incorporate the Marietta lnsumnce Company, etc.

MoNDAY, SEPTEMBER 19, 1887.

699

Leave of absence was granted the Committee on General
J udiciat:y from the morning seAsion.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. JonesA bill to incorporate the Albany and Bainbridge Rail-
road Company, etc.
The following House bills and resolutions were read the second time, to-wit :
A bill to prescribe and make certain the fees of Clerks of the Superior and City Courts as therein stated, and also to provide for the payment of the fees of said Clerks in certain other cases as therein stated.
Al~o, a bill to provide that the liens set forth in the Code (1882) of Georgia, or which may ht::aeafter be declared in favor of mechanics, laborers, or material men shall be good as between the parties for the space of one hundted and twenty days after completion of the work, or from date of furnishing material without record of lien, etc.

Also, a bill to prohibit the sale of spirituous liquors to

any person who is at the time intoxicated or drunk, and

to prescribe penalty, etc.



Also, a bill abolishing the County Court of Upson county.

Also, a bill to increase the fees of J u <tices of the Peace,

Notaries Publio and Constables.

Also, a bill to authorize the Ordinary of Habersham
county to sell all insolvent tax fi. fas. belonging to said
county, etc.

Also, a bill to regulate the fees of the Solicitor of County
Court of Walton, and the costs of the Judge of said Court in certain cases. ,

Also, a bill to amend an act entitled an act to establish a

City Court in the city of Carrollton, in the county of Car-

roll, etc.





700

JouRNAL oF THE HousE.

Also, a bill to repeal an act entitled an act to prohibit the levy and collection of any taxes on any lands within the corporate limits of the city of Newnan, which are kept exclusively for agricultural purposes, etc. Approved March 2, 1874.
Also, a bill to prevent citizens living in stock law counties in this State from pasturing their stock in counties that have not adopted the law.
Also, a bill to change the tiRle of holding the fall term of the Superior Court of Clarke county.
Also, a bill to incorporate the town of Concord, in the county of Pike and State of Georgia, etc.
Also, a bill to issue bonds for building school houses in the city of Eatonton.
Also, a bill to incorporate the Citizens' Bank of Savannah.
Also, a bill to incorporate the Bank of Cuthbert, Georgia. Also, a bill to incorporate the Augusta Steamboat Company, etc. Abo, a bill to prescribe the time for cutting turpentine boxes and fixing the penalty for the violation of the same. Also, a bill to provide tor and require the registration of voters in Newton county.
Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Jfr. Speaker:
The Committee on Counties and County Matters have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to issue bonds for school purposes in the city of Eatonton.
' Respectfully submitted. .J. M. TERRELL, Chairman.
By unanimous consent House Bill No. 707 was withdrawn.



"MoNDAY, SEPTEMBER 19, 1887.

701

The following Senate Bills were read the first time and appropriately referred, to-wit :
By Mr. Peck of 27th Dist.-
A bill to amend section 4595 of the Code of 1882, so as to make said section apply to tenant, laborer or cropper, using and making false and fraudulent promises to obtain advances in money or other valuable things, thereby cheating and defrauding any person.
Referred to Committee on Agriculture.
By Mr. DeJarnette of 28th Dist.-
A bill to require and provide for the registration of all voters in the county of Mo.-gan.
Referred to Committee on S~ecial Judiciary.
By Mr. Wofferd of 33rd Dist.-
A bill to prohibit the sale of intoxicating liquors in three miles of the two churches and academy in the town of Belton.
Referred to Committee on Temperance.
By Mr. Ritchie, of the 40th Dist.A bill to change the time of holding the fall term of the
Superior Courts of the county of Union, in the Northeastern Circuit.
Referred to Committee on Special Judiciary.
By Mr. Livingston, of the 7th Dist.A bill to amend section 4570 of the Code of this State
relating to the penalty for selling or furnishing liquors on election d:.ys, etc.
Referred to Committee on Temperance.
The following House !.ill were taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to incorporate the Albany Savings Bank.
The following House bill was taken up, and the Senate amendments thereto were disagreed to, to-wit:

702

JouRNAL OF THE HousE.

A bill to provide a. n~w charter incorporating the town of Tennille, in the county of Washington, etc.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Special Judieiary, to-wit:
By Mr. Rns,;ell, of Clarke-
A bill to amend an act to establish a system of public free sehrwls in tlw city of Athens, Georgia.
The following Senate resolution was read the second time; the report of the committee which was adverse to the pa.~~:~agl' of the rt>solution wai:i agreed to, and the rrsolutiun "a,; lost, to-wit:
A re~:~olution authorizing the Governor to empby council to institute snit in the Court of Claims to recover the Peter Trezevant elaim.
The following Senate bi!l was read the second time; the report of the committee which was adverse to the passage of the bill was agreed to, and the bill was lost, to-wit: .
A bill to regulate the public printing in the different counties of this State, etc.
The following Senate bills were read the second time, to-wit:
A bill to regulate and control the inspection and sale of naval stores, tar, pitch, rosin and turpentine, in the State of Georgia ; to provide penalties, etc.
Also, a bill to authorize and require for registration of the qualified voters of Brooks county, etc.
. Also, a bill to create a Board of Trustees to sell and reinvest the proceeds of certain lands in the town of Franklin, Heard county, Georgia.
Mr. Wheeler moved that the,order of business be changed, and that House bills of a local nature be taken up for a third reading.
Upon this motion no quorum voted. The Speaker caused the roll to be called to ascertain if a quorum was present.

MoNDAY, SEPTEMBER 19, 1~87.

703

The roll was called, and the follo~ing members answered to their names :

Those present were Messrs.-

Adams of Greene, Berner, Birch more, Blalock, Brady. Branch, Bray, Brewster. Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobli, Vmner, Cook, Dodgen, Duggan, Durrance, Felton of Bartow, Fortner, Fordham, Foute, Franklin of Fannin, Glenn, Green of Clay, Gresham, Griffith, Hagan, Hale. Ham, Hand, Hart,

Harrison of Franklin, H~rrison of Quitman. Harper, Harvey, Hnwkins, Her1ry, HiL ~f Meriwether, Howell. Hughes, Hutf, Humphries of Brooks, Hukhison, .Johnson ot DeKalb, Johnson of Echols. Johnson of Screven, Jones, Kimbrough, Lamur, Lumsden. Mathews, Mauney, Mills, Mixon, Monroe, Moye, McCord, McGarrity, McLendon, McMichael, Newton, Nichols, Olive,

Page, Parker, Peeples, Perkins, Perry, Pickett. Piltman, Reynolds, Hich, Russell of Clark,e, Rus,ell of Polk, Schofield, Shewmake, Simmons, Smith of Gwinnett, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, StoYall, Strickland, Taylor, Terrell, Thomas, Walker of Putnam, Wutts, Watson, Way, Whaley, 'Wheeler, Whelchel, Wilcox, Wilson.

Those absent were Messrs.-

Adams of Elbert, Arnheim, Ashley, , Atkinson, Bailey, Belt.

Greene of Madison, Grindle, Harrell of Decatur, Harrell of Webster, Harris of Catoosa, Harris of Columbia,

Norris, Preston. Ray, Rawls, Reid, Eeilley,

704

JouRNAL oF THE HousE.

Black, Brown of Henry, Brown of Cherokee, Clay of Walton, Coggins. Coney, Crawford, Darden, Denney, DuBose, Evansl Fagan, Felton of Bibb, Felton of Macon, Featherston, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon,

Hayes, Henderson, Hill of \Vilkes, Holland, Holleman, Howard, Humphries of Clinch, Hunt. Iler, Kenan, Kennedy. Key, Lanier. Little of Talbot, .llladden, Morgan. 2\IcLane. :'\feGhee, )fcKibben, -'fcCleskey,

Rountree, Russell of Chatham,
~in1s,
Smith of Urllwford, Smith of Glynn, Smith of Jefferson, Stevens, Tate, Vaughn, Veazey, Vickers. Vining, Walker of .!<'loyd, Wei!, ".est, \Villiatns of Harris, Williams of Jackson, \Yilliams of Upson, Worsham, :Mr. Speaker.

A quorum was found to be present. The motion of Mr. \Yheeler, to change order of business, prevailed

Upon motion, the special order for Thursday next was displaced, and the same made the special order for Tuesday next immediately after the reading of the Jouurnal.

The following House bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to incorporate the Guaranty Mutual Insurance Company.

The following House bill was read the third time; the report of the com mittee was agreed to; the proper legal proof'> were exhibited, and the bill passed by the requisite con::,titutional majority, yeas 91, nays 0, to-wit:
A bill to incorporate the First Volunteer Regiment of Georgia, to empower the same to acquire, hold and dispose. of property, and to issue bonds, which may be a lien thereon, etc.

MoNDAY, SEPTEMBER 19, 1887.

705

The following bill was read the third time ; report of the committee was agteed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory theteof, so as to provide that the Board of Water Commissioners of Raid city shall consist of one member from each of the six wards of said city, and for other purposes.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to authorize the wardens and vestry of Trinity Church, of Columbus, Ga., to sell, and by proper deeds, to convey to the purchasers title to certain lands held by them for church purposes in Columbus, Ga., etc.
House bill ~o. 540 was taken up, and upon motion the bill was tabled.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority; yeas 89, nays 0, to-wit :
A bill requiring the Commissioners of Roads and Revenues of the county of Campbell, State of Georgia, to build court-houses in each militia district.
The following bill'was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority; yeas 90, nays 0, to-wit:
A bill to amend an act to incorporate the Brunswick Street Railroad Company, etc.
The following bill was .read the third time; the report of the c~~mittee was agreed to ; the proper legal proofs were

706

JouRNAL OF THE HousE.

exhibited, and the bill pas~ed by the requisite constitutional
majority, yeas 90, nays o, to-wit:
A bill to make it unlawful for any person to shoot, snare, trap or in any manner kill any buck, doe or fawn, wild turkey or partridge, etc., in the county of Jasper, between the first day of March and the fifteenth of October of each year, and to provide penalties, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proof.<J were exhibited, and the bill passed by the requi8ite constitutional majority, yeas 89, nays 0, to-wit.
A bill to amend the charter of the town of waycross, in the county of 'Vare, so as to provide 1or the registration of voters of said town, etc.
The following bill was read the third time ; the r~port of the committe was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 90, nays 0, to-wit:
A bill to amend the act incorporating the town of Carnesville, approved August 24, 1872.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 90, nays O, to-wit :
A bill repealing an act entitled an act requiring the roads of Raburn, Towers, Union, Fannin, Gilmer and Pickins to be made fourteen feet wide.
By unanimous consent, the following bill was introduced, read the first time, and re1erred to the Committee on Penitentiary, to-.vit:
By Mr. FeatherstonA bill to make all leases of penitentiary convicts of the
State, hereafter, made revocable at the pleasure of the General Assembly, and so modify the powers of the Governor as to the revocation of convict leases.

MoNDAY, SEPTRMBER 19, 1887.

707

House bill No. 580, was taken up for a third reading. Pending the consideration of the bill the House adjourned until 3 o'clock p. m.

MoNDAY, 3 o'cLocK, P.M. The House met pursuant to adjournment and was called to order by the Speaker pro tem.
The roll was called, and a quorum was found to be present.
Upon motion House bill No. 580 was tabled.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:
By Mr. Wheeler!\. bill to amend article 2, section 4, paragraph 6 of the
Constitution of Georgia by striking out the word "forty" and substitnting the word "fifty" and striking out the words "unless by a two-thirds vote of the whole number of each House."
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on General Judiciary, to-wit :
By Mr. LamarA bill to provide for the transfer of shares of stock
belonging to the estates of non-residents. Also, by unanimous consent, the following bill was intro-
duced, read the first time, and referred to Committee on Agriculture, to-wit:
By Mr. Calvin-
A bill to amend section 1465, (f) 1 of the U0de of 1882.
Upon motion of Mr. McLendon, the evening session was devoted to local bills for a third reading.

708

JouRNAL oF THE HousE.

The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majotity; yeas 88, nays 0, to-wit :
A bill to provide for the registration of the legal voters of the county of Irwin, etc.
Houst> bill No. 586 was taken up for a third reading, and, upon motion, the bill was tabled.
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 891 nays 0, to-wit:
A bill to incorporate the Bank of Sanderville, etc.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed as amended by the requisite constitutional maJority, yeas 88, nays 0, to-wit:
A bill to amend an act providing for the registration of the voters of Telfair county.
The following bill was read the third time; the report of . the committee was agreed to; the proper legal proofs were exhibited, a~d the bill passed by the requisite constitutional majotity, yeas 90, nays 0, to-wit:
A bill to amend an act to create a Board of Roads and Revenues for the county of Houston, so as to fix the term
of office of members of said Board, etc.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit:
Bv Mr. Monroe. A bill to incorporate the Newton, Morgan and Lumpkin
Railroad Company, etc. House bill No. fi97 was taken up for a third reading,
and, upon motion, the bill was tabled.

MoNDAY, SEPTE:r.mER 19, 1887.

709

Upon motion, House bill No. 259 was taken from the table and reinstated upon the calendar.
The following bill was read the third time; the report of the committee waR agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 0, to-wit :
A bill to ineorporate the Ore Belt Railroad Company, etc.
By unanimous consent, House bills Nos. 44, 184 and 319 were taken from the table and reinstated upon the calendar.
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 90, nays 0, to-wit: . A bill to amend an act to incorporate the Rome and Northeast Railroad Company, approved December 20, 1886.
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 0, to-wit:
A bill to amend an act to incorporate the Van Wert Quarrying and Mining Campany, approved December 18, 1886, by giving additional powers, etc.
The following bill was read the third time ; the report of the committee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadamizing, or otherwise improving for travel or drainage any of the streets or lanes of the city of Sa\annah, etc.
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 0, to-wit:
A bill to repeal an act for disposition of fines and forfeitures from cases arising from the County Court of Sumter county.
Upon motion, the House adjourned until to-morrow morning, at 9 o'clock.

710

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
Tuesday, September 20, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Greene, Arnheim, Bailey,
Bern~=~r,
Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, Candler, Clay of Cobb, Ulay of 'Val ton, Chappell, Coggins, Cotner, Coney, Cook. Crawford,
D~nney,
Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon,

Hand, Hart, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, H&rvey, Hawkins, Hayes, Henry, Hill of 11eri wether, Hill of Wilkes, Holland, Holleman, Howell, Hughes, Hut!, Humphries of Brooks, Hutchison, ller. Johnson of DeKalb, Johnson of Echols, Johnson of Screven, .Tones, Kenan, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Mndden, Mathews, Mtnntey,

Parker, Peeples, .Perkins, Perry, Pickett, Pittman, Rawls, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk. Schofield, Shewmake, Simmons, SllllS, Smith of Crawford, Smith of Glynn, Smith of Gwinnett,. Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Viekers, Vining,

TUESDAY, SEPTEMBER 20, 1887.

711

Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison; Gresham, Griffith, Ragan, Hale, Ham,

Mills, Mixon, Monroe, Morgan,
Mo~p,
McCord, McLane, McGhee,. McGarrity, McLPndon, Mdlichael, McKibben, Newton, Nichols, Norris, Olive, Page,

Those absent were Messrs.-

Walker of Floyd, Walker of Putnam, wutts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, \Villiams of Upson, Wilcox, Wilson, \Vorsham, Mr. Speaker.

Adams of Elbert, Ashley, Atkinson, Belt, Darden, Grindle,

Harrell of Decatur, J.Iarris of Columbia, Henderson, Howard, Humphries of Clinch, Hunt,

Key, McCleskey. Preston, Ray. Reid, Stevens.

Mr. Williams, of the Committee on .Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to wit: Messrs Worsham, Felton of Bibb, Hunt, Key Watts (until Wednesday of next week), Adams of Greene, Taylor, Matthews and Duggan.

Mr. Moye gave notice that at the proper time he would move to reconsider so much of the action of the House on yesterday so far as relates to Senate amendments to House bill :~94.

Upon motion of Mr. Moye, the action of the House had on yesterday relating to Senate amendments to House bill No. 394 was reconsidered.

712

JouRNAL OF THE HousE.

u pori motion, the bill was tabled.

:Mr. Duggan, Chairman of the Committee on Enrollment

submitted the following report:

'

1lfr. Speaker:

The Committee on Enrollment reports as duly enrolled, signed by the Speaker of tlte House and President of the Seuate, and delivered to his Excellency, the Governor, the following acts, to-wit:

An act to incorporate the town of Logansville in the county ot Walton.

Also, an act to incorporate the St. Mary's, Satilla and Tmtle Rivers Canal Company.
Also, an act to incorporate the town of Kennesaw in Cobb county.
Also, an act to prohibit the sale of spirituous, alcoholic or malt liquors within three miles of Pleasant Grove and Pleasant Hill :Methodist Protestant ch'urches.
Also, an act to amend the charter of Thomasville. Also, an act to req nire the Grand Juries of the several counties in this State to inspect the sanitary condition of jails in their counties, at each regular term of the Superior Court.

Also, an act to amend an act to incorpomte the Exchange Bank of :\lacon, approved December 12th, 1871.

Also, an act to fix the time for the adjournment of the Supet'ior and City Courts in the State of Georgia.

Also, an act to amend an act entitled an act to submit to the qualified voters of the towns of Calhoun and Resaca the question of selling spirituous liquors in their limits.

Also, an act to authorize the Mayor and Council of Thomasville to issue bonds for the purchase of land for park pmposes and fot water-works.

Also, an act to amend an act entitled an act to prescribe the mode of granting liseense to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, ap-

TUE!:!DAY, SEPTEMBER 20, 1887.

713

proved February 20th, 1873, so as to embrace Richniond. Also, an act to ratify the consolidation of the Augusta
and Knoxville Railroad company with the Port Royal and Western Carolina Railway Company.
Also, an act to amend an amended act approved March 5th, 1875, which amended an act approved March 20th, 1873, so as to apply the provisions of said act of 1873 to the incorporated towns and villages in Harris county.
Also, an act to amend the several acts incorporating the town of Palmetto, in Campbell county.
Also, an act to amend the charter of Georgia Southern and Florida Railroad Company.
Also, an act to amend an act approved September 4th, 1885, entitled an act to grant certain exemptions to the Southern Cadets.
Also, an act to repeal an act incorporating the town of of Swainsboro, in the county of Emanuel, approved December 22d, 1887, and the several acts amendatory thereof.
Also, an act to create a County Court for the county of Early.
Also, a resolution to relieve E. A. Polluck, Tax Collector of Pulaski eounty.
Respectfully submitted, IvY W. DuGGAN, Chairman.
By unanimous consent, tbe following bill was read the third titne ; the report of the committee was agreed to ; the pr9per legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays I, to-wit:
A bill to amend the charter of the town of Warrenton, etc.
'lhe following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majol'ity, yeas 98, nays 0, to-wit:

714

JOURNAL OF THE HoUSE.

A bill for the disposition and appropiation to public bridges in Dodge county, of all moneys in the County Treasury ot said county, by virtue of an act to provide for the disposition of all moneys in the hands ot Superinten dants of Roads and Treasurer ot Boards of Road Commissioners in this State, at the time of the passage of an act

approved December 13, HS84.

The hour for the special order having arrived.

~

Upon motion of Mr. Harrison, of Quitman, House reso-

lution No. 121, was taken up, and the same read the third

time.

Upon motion, the special order was displaced, and the same made the special order for Wedne,;day, September 28, immediately after the reading of the Journal.

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

Mr. Speaker:
The Committee on Enrollment 1eports as duly enrolled, and ready for. the signatures of the Speaker ot the House, and President of the Senate, the following acts, to-wit:
An act to incorpvrate the Austell Banking Company. Also, an act to incorporate the Atlantic, Atlanta and Great W esten1 Rrailroad and Navigation Company. Respectfully suhmitted,
IvY W. DuGGAX, Chairman.

The following resolution was taken up and the same read the third time; the report of the committee was agre.ed to. Upon the pa;;;sage of the bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following is the result of the vote, to-wit:

Those voting in the affirmative are Messrs.-

Adams of Greene, Arn heim, Bailey,

Gresham. Griffith, Hagan,

McLendon, McKibben, Mc:\'lichael,

TUESDAY, SEP':fEMBE:a- 20, 1887.

715

Berner, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Comer, Coney. Denney, DuBose, Duggan, Felton of Bartow, Felton of Bibb, Featherston, Fordham, Foute, Franklin of Thomas, Gardner, Gibson, Gordon,

Ham,

Page,

Hand,

Parker,

Hart,

Peeples,

Harrison of Franklin, Perkins,

Harper,

Pittman,

Henry,

Rawls,

Hill of Meriwether, Reilley,

Hill of Wilkes,

Reynolds,

Holland,

Russell of Chatham,

Holleman,

Russell of Clarke,

Howell,

Russell of Polk,

Huff,

Shewmake,

Humphries of Brooks, Smith of Glynn,

Hutchison,

Smith of Gwinnett,

Johnson of DeKalb, Stewart of Mitcl1ell,

Jones,

Tate,

Kenan,

Taylor,

Kimbrough,

Terrell,

Lama1',

Watson.

Little of Talbot,

Way,

Madden,

vYeil,

Mathews,

Whaley,

Mixon,

Williams of Harris,

Morgan,

Williams of Jackson,

McCord, McLane,

Williurns of Upson,

Those voting in the negative were Me~srs.-

Birch more, Clay of Walton, Cook, Dodgen, Durrance, Fortner, Franklin of Fannin, Gamble, Hale,
Harrell of Webster, Harrison of Quitman, Harris of Catoosa, Hawkins, Hayes,

Humphries of Clinch, Johnson of Echols, .Johnson of Screven, Kennedy. Lumsden, Mills, Monroe, McGhee, McGarrity, Newton, Nichols. Norris, Olive,

Pickett, Rich, Schofield, Simmons, Stewart of Rockdale, Stewart of Marion. Stovall, Striekland, Thomas, Veazey, Wheeler, Whelchel, Wilcox.

Those not voting were Messrs.-

Adams of Elbert, Ashley, Atkinson,

Harrell of Decatur, Harris of Columbia, Harvey,

Reid, Rountree, Sims,

716

JOURNAL OF THE HousE.

Belt. Black, Branch, Buchan, Coggins, Crawford, Darden, Evans, Fagan, Felton of }lacon, Glenn, Greene of Clay, Greene of }ladisou, Grindle,

Heqderson, Howard, Hughes, Hunt, Iler, Key, Lanier, }launey, .Moye, McCleskey, Perry, Preston, Ray,

Smith of Crawford, Smith of Jefferson. Stevens, Vaughn, Vickers, Vining, Walker of Floyd, Walker of Putnam, Watts, West, Wilson, Worsham, Mr. Speaker.

Yeas, 86. Nays, 40. Not voting, 49.

Not having received the requisite constitutional majority the resolution was lost, to-wit:

A resolution for the relief of The Imperial Insurance Fire Company of London.

The following resolution was read the third time, and upon motion, tabled, to-wit:

A resolution memorializing Congress to amend the financial policy of the United States Government.

House bill No. 57 was taken up for a third reading, as the bill provided for and appropriation, the House went into a Committee of the whole House, Mr. Stewart of Rockdale in the Chair.

Mr. Stewart, Chairman of the Committee of the Whole House, submitted the following report.

l'tfr. Speaker :

The Committee of the Whole House have had under consideration House bill No. 57, which they instruct me to report back, with the recommendation that the same do pass, as amended.
Pending the reading of House bill No. 57, the hour of adjournment having arrived, the House adjourned until 3 o'clock, p. m.

TuESDAY, SEPTEMBER 20, 1887.

717

TUESDAY, 3 o'CLOCK, P. M.
Th.e House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
The unfinished business of the morning sesswn was resumed.
The following bill was then read the. third time ; and the report of the committe was agreed to; upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Bailey, Berner, Birch more, Bray, Calvin, Clay of Cobb, Dodgen, Fonte, Glenn, Green of Clay, Ham Henry,

Hill of Wilkes, Hvwell, Hull', Humphries of Clinch, Hutchison, Johnson of Screven, Lamar, Mathews, Mixon, McCord, McLane, McKibben,

Olive, Pickett, Reilley, Russell of Chatham, Schofield, Shewmake, Smith of Glynn, Strickland, Tate, Veazev, wei!.
Whelchel.

Those voting in the negative were Me~srs.-

Black, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Chappell, Clay of Walton, Comer, Coney, <look,

Hale. Hand, Hart, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hayes, Hill of Meriwether, Holland, Holleman, Hughes,

Norris. Page. Perkins, Perry, Reynolds, Rich, Russell of Polk, Simmons, Smith of Gwinnett, Stewart of Marion, Stovall, Taylor,

718

JouRNAL OF THE HousE.

Denney, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Featherston, Fortner, Fordham, Franklin of Fannin, Gamble, Gardner, Greoham, Hagan,

Johnson of DeKalb, Johnson of Echols, Jones, Kennedy, Kimbrough, Little of Talbot, Madden, Mills, Moye, )lcGhee, )lcGarrity, :\Ic :Michael, Newton. Nichols.

Terrell, Thomas, Vickers, Walker of Putnam, Watson, Way, Whaley, Wheeler, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Elbert,

Harrell of Decatur, Peeples,

Adams ef Greene,

Harrison of Quitman, Pittman,

Arnheim,



Ashley,

Atkinson,

Harris of Columbia, Harvey, Hawkins.

Preston, Ray, Rawls,

Belt,

Henderson,

Reid,

Blalock,

Howard,

Rountree,

Cameron,

Humphries of Brooks, Russell ot Clarke,

Candler,

Hunt,

Sims,

Coggins,

Iler,

Smith of Crawford,

Crawford,

Kenan,

Smith of Jefferson,

Darden,

Key,

Stevens,

Evans,

Lanier,

Stewart of Mitchell,

Felton of Bibb,

Lumsden,

Stewart of Rockdale,

Felton of Macon,

::\Iauncy,

Vaughn,

Franklin of Thomas, Monroe,

Vining,

Gibson,

Morgan,

Walker of Floyd,

Gordon,

McLendon,

Watts,

Greene of Madison, McCleskey,

West,

Griffith,

Parker,

Mr. Speakbr.

Grindle,

Yeas, 36. Nay,, 78. Not voting, 61.

So the bill was lost, to-wit :

A bill to establish in this State a Bureau of Labor and Inoustrial Statistics, etc.

Leave of absence was granted to the following members, to-wit : Messts. Harvey and Stewart of Rockdale.

TUESDAY, SEPTEMBER 20, 1887.

719

The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill bv substitute, was agreed to, and the bill passed, by
sub~titute, by the requisite constitutional majority, yeas 92,
nays 0, to-wit: A bill to amend section 2971 of the Code of 181'12, to
give right of action to husband, children or any legal representative of any female in case of homicide occasioned by anv railroad company or corporation, and also to any pa~ent or legal representative of unmarried male.
Leave of absence was granted to the Committee on Corporations from the evening session.
By unanimous consent, House bill No. 919 was withdrawn.
Also, House bill No. 90.'i.
Upon motion of Mr. Glenn, the order of business was changed and the evening session devoted to local bills for a third reading.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas, 90, nays 1, to-wit :
A bill to amend an act entitled an act to amend an act approved Februa1y 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one thousand dollars by striking the word " one" and inserting in lieu thereof the word "ten."
House bills Nus. 608 and 609, was, upon motion, tabled.
The following bill was read the third time; the report of the rommittee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to incorporate the LaGrange Street Railway Company, etc.

720

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to prevent fishing, hunting or otherwise trespassing on the lands of another in th~ county of Washington, after being notified by the owners, agent or lessee to keep off the same, etc.
The following bill was read the third time; the report oi the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to prohibit the sale of spirituous, malt or vinous liquors within four miles of Mt. Zion Colored Methodist Church in the lOth District of Meriwether county, etc.
The following bill was read the third time; the report of the committee was agreed to ; the ptoper legal proofs were exhibited and the bill passed as amended by the requisite constitutional majority, yeas 97, nays 0, to-wit.
A bill to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee river at Fort Gaines, Ge~rgia, to issue bonds to the amount of $10,000 for the payment of said bridge.
The following bill was read the thitd time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill for the protection of the fisl: in the Hiwassee river, in Towns cqunty, above the mouth of Little Choistoie, on W. R. McConnell's land, and all its contributary waters.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 96, nays 0, to-wit:

TUESDAY, SEPTEMBER 20, 1887.

721

A bill to amend an act to incorporate the Bank of Thomasville, in this State, approved March 3, 1875.
Leave of absence was granted to the Committee on Railroads from the evening session.
By unanimous consent, House bill No. 890, was recommitted to Co~mittee on Finance.
By unanimous consent, House resolution No. 162, was taken from the table ahd reinstated upon the calendar.
The following bill was read the third time; the report of the committee was agreed to ; the propet legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 94, nays 0, t0-wit:
A bill to amend an act approved March 3, 1874, incorporating the town of Thomasville, etc., so as to empower the Mayor to sentence Qffenders to work on the streets, etc.
Mr. Tate, Chairman of Committee on Special Judiciary, submitted the following report :

Mr. Speaker:

The Committee on Special Judiciary have had under consideration the following bills which they instruct me to report back to the House with the recommendation that the same do pass, to-wit :

A bill to change the time of holding the fall term of the Superior Courts ot the county of Union.

Also, a bill to amend an act to establish a system of public.free schools in the city of Athens.

Also, the following bill which they report back to the House with the recommendation that the same be referred to the Committee on Finance to-wit :

A bill for the relief of Mrs. Louisa N. McAlray who

:::-tsides near 'the county line of Jackson and Gwinnett, to

refund to her certain State taxes etc.

Respectfully submitted,

46

F. C. TATE, Chairman.

722

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the committee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requi~ite constitutional majority, yeas 90, nays 0, to-wit:
A bill to amend the charter of the town of Fort Valley, etc.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill abolishing the county court in Glynn county, etc..
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite consti-
. tutional majority, yeas 89, nays 0, to-wit: A bill to amend section 9, of an act to amend the charter of the city of Dalton, approved Oct. 5, 1885.
The following bill was read the third time ; the report of the committee agreed to.
Upon motion, the bill was tabled, to-wit:
A bill to amend the charter of the city of Dalton. House bill No. 633, was taken np for a third reading, and, upon motion, the bill was tabled. The following bill was read the third time; the report of the committee was agreed to a~; amended, and the bill passed as amended by the reqnisite constitutional majority, yeas 93, nays 0, to-wit: A bill to amend the charter ot the Commercial Bank of
Augu~;ta.
. Mr. Russell of Clarke, chairman of the Committee on
Banks, submitted the following report :

Mr. Speaker: The Committee on Banks have had under consideration

WEDNESDAY, SEPTEJ.IBER 21, 1887.

723

the following bills, which they instruct me to report back, with the recommendation that they do pass, to-wit :
A bill entitled an act to amend an act to incorporate the Athens Savings Bank, and for other purposes.
Also, the following bill which they instruct me to report back, with the recommendation the same do pass as amended, to-wit :
A bill to be entitled an act to incorporate the Traders Bank of Atlanta, Georgia.
Respectfully submitted,
R. B. RusSELL, of Clarke, Chairman.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Wednesday, September 21, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Arnheim, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray,
Brown of Henry,

Hart,

Page,

Harrison of Franklin, Parker,

Harrison of Quitman, Peeples,

Harrell of Webster, Perkins,

Harper,

Perry,

Harris of Catoosa,

Pickett,

Hawkins,

Preston,

Hayes,

Pittman,

Henry,

Rawls,

Hill of Meriwether, Reilley,

Hill of Wilkes,

Reynolds,

Holland,

Rich,

Holleman.

Rountree

.,

724

JouRNAL oF THE HousE.

Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Cook. Comer, Coney, Denny, Dodgen, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Green of Madison, Gresham, Griffith, Ragan, Hale, Ham, Hand,

Howell, Hughes,

Russell of Chatham, Russell of Clarke,

Huft:

Russell of Polk,

Humphries of Brooks, Schofield,

Humphries of Clinch, Shewmake,

Runt,

Simmons,

Hutchison,

Sims,

Iler,

Smith of Glynn,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Echols, Stewart of Mitchell,

Johnson of Screven, Stewart of Rockdale,

Jones,

Stewart of Marion,

Ke11an,

Stovall,

Kennedy,

Stricklar, '.

Kimbrough,

Tate.

Lamar,

Taylor,

Lanier,

Terrell,

Little of Talbot,

Thomas,

Lumsden,

Vaughn,

Madden,

Veazey,

~latthews,

Vickers,

Maupey,

Vining,

Mills,

Walker of Floyd,

b1ixon,

Walker of Putnam,

Monroe,

Watts,

~Ior~an,

Watson,

~loye,

Way,

~[d)ord,

Wei!,

McGhee,

.. whaley,

~lcLane,

West.

McGarrity,

Wheeler,

McLendon,

Whelchel,

McKibben,

Williams of Harris,

McCleskey,

Williams of Jackson,

McMicba<Jl,

Williams of Upson,

Newton,

Wilcox,

Nichols,

Wilson,

Norris,

Worsham,

Olive,

Mr. Speaker.

Those absent were Messrs.-

Adams of Greene, Ashley, Coggins, Crawford, Darden, Evans.

Grindle, Harrell of Decatur, Harris of Columbia, Harvey, Henderson, Howard,

Kev Ra},: Reid, Smith of Crawford. Smith of Jefferson,
Stevens.

WEDNESDAY, SEPTEMBEF 21, 1887.

725

Mr. Williams, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then reaJ and approved.

Leave ofabsence was granted the following members, towit: Messrs. Whelchel, Durrance, Smith of Jefferson, and Johnson of Echols.
Pending the reading of the Journal, Mr. Howell gave notice that at the proper time he would move to reconsider so much of the action of the House had on yesterday relating to House resolution No. 18.
Mr. Howell moved to reconsider so much of the action of the House had yesterday as relates to House resolution No. 18.
Upon this motion, the previous question was called, which call was sustained and the main question ordered.
Upon the motion to reconsider the yE-as and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Arnheim, Belt, Berner, Black, Blalock, Brady, Brown of ChE!rokee, Brewster, Buchan, Candler, Chappell, Clay of Cobb, Comer, Coney, Cook, Denney, DuBose, Duggan, Felton of Bartow,

Green of Clay, Greene of Madison, Gresham, Hand, Hart, Harper, Harris of Catoosa, Harvey, Henry, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Huff, Humphries of Brooks, Hunt, Hutchison, Jones,

Madden. Mixon, McCord, McLendon, McMichael, Nichols, Page, Peeples, Perkins. Preston, Rawls, Reynolds, Russell of Chatham, Russell of Polk, Shewmake, Sims, Stewart of Mitchell, Tate, Watson,

726

JouRNAL oF THE HousE.

Featherston, Franklin of Thomas, \}ardner, Gibson,

Kenan, Kimbrough, Lamar, Little of Talbot,

Wei!, Williams of Harris, Williams ot Jackson, Williams ot Upson.

Those voting in the negative were Messrs.-

Adamo of Elbert, Birchmore, Branch, Clay of Walton, Dodgen, Durrance, Fagan, Fortner, Fordham, Foute, Griffith, Hagan, Hale. Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Hawkins,

Hayes, Humphries of Clinch, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kennedy, :\'Iauney, :\'I ills. Monroe, Moye,
~lcGhee,
:McGarrity, McKibben, Newton, Norris, Olive, Perry,

Pickett, Rich, Stewart of Marion, 8tovall, Strickland, Thomas, Veazey, Vickers, Walker ot Floyd, Whaley, West, Wheeler, 'Vhelchel, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Greene, Ashley, Atkinson, Bailey, Bray, Brown of Henry, Calvin, Cameron, Coggins, Crawford, Darden, Evans, Feltfln of Bibb, Felton of Macon, Franklin of Fannin, Gamble, Gordon, Glenn, Grindle,

Ham, Harrell of Decatur, Harris of Columbia, Henderson, Howell, Hughes. Iler, Key, Lanier, Lumsden, .\[a thews, )I organ, .\IcLane,
~leCieskey,
Parker, Pittman, Ray, Reid, Reilley,

Rountree, Russell of Clarke, Schofield, Simrnons, Smith of Crawtord, Smith of Glynn, Smith of Gwinnett, Smith of .Jefferson, Stevens. Stewart of Rockdale, Taylor, Terrell, Vaughn, Vining, Walker of Putnam, 'Vatts, 'Vay, .\Ir. Speaker.

Yeas 69. Nays 50. Not voting 56.

So the motion to reconsider prevailed.

WEDNESDAY, SEPTE.llfBER 21, 1887.

727

By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to as amended; the proper legal proofs were exhibited and the bill passed as amended by the requisite constitutional majority, yeas 101, nays 0, to wit:
A bill to amend the charter of the city of Dalton.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, aud the bill passed by the requisite constitutional majority, yeas 96, nays 1, to-wit:
A bill to authorize the M~yor and Council ofthe city of Dalton to operate and manage water works in said city.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit :
An act to provide for and require the registration of voters in Newton county.
Also, an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same.
Also, an act to incorporate the Albany Savings Bank. Also, an act to incorporate the Augusta Steamboat Com pany. Respectfully submitted.
IvY 'N. DuGGAN, Chairman.
Mr. Dugg~n, Chairman of the Committee on Enrollment, submitted the following report :
Mr. Speaker:
. The Committee on Enrollment reports as duly enrolled, s1gned by the Speaker of the House and President of the Senate and delivered to his Excellency, the Governor, the followingacts, towit :

728

JouRNAL oF THE HousE.

An act to incorporate the Atlantic, Atlanta and Great Western Railroad and Navagation Company.
Also, an act to incorporate the Augusta Steamboat Company.
Also, an act to incorporate the Albany Savings Bank. Also, an act to incorporate the Austell Banking Company. Also, an act to provide for registration of voters in Newton county. Also, an act to prescribe the time for cutting turpentine boxes, and fixing the peualty for violation of the same. Respectfully submitted,
IvY W. DuGGAN, Chairman.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker :

The Committe on Railroads have had under consideration the following bills of the House, which I am directed to report back, with the recommendation that they do pass, as amenrled, to-wit :

A bill to incorporate the Augusta, Gibson and Sanders-

ville Railroad Company.

Also, a bill to incorporate the Blue Ridge Railroad

Company.

,

Also, a bill to incorporate the Atlantic City and Sub-

urban Street Railroad Company.

Also, a bill to amend the charter of the Atlanta and Edgewood Street Railroad Company.

Also, a bill to amend the charter of the Elberton Air Line Railroad Company.
Respectfully submitted, THos. J. CHAPPELL, Chairman.

Mr. Felton; of Macon, Chairman of the Committee OD Agriculture, submitted the following report:

WEDNESDAY, SEPTEMBER 21, 1887.

729

- Mr. Spealw:
The Committee on Agriculture have had under consideration the following bill, which I am instructed to report back to the House, with the recommendation that the same do pass, to-wit :
A bill to make it unlawful to transport seed cotton in or out of the county of Harris, between the hours of sunset and sunrise.
Also, the following bill, which they recommend do pass as amend~d, to-wit :
A bill to authorize T. W. Vickery to peddle without license.
Respectfully submitted. W. H. FELTON, Chairman.
Mr. Gamble offered the following resolution which was read and adopted, as amended, to-wit :
Resolved, that no memher shall speak longer than ten minutes on any measure except by consent of the House, provided this resolution shall not interfere with the time granted in Rule 64.
Provided further, That the provision of the resolution shall not apply to such bills and resolutions as are, or may be, made the special order at any time by this House.
Mr. Harrison, chairman of the Committee on Corporations submitted the following report :
Mr. Speaker:
The Corporation Committee have under consideration the following bill, which I am instructed to report back with .the recommendation that the same do pass as amended: to-w1t:
A bill to be entitled an act to amend the charter of the city of Atlanta for certain purposes therein mentioned.
Respectfully submitted, WM. HARRISON, of Quitman, Chairman.

730

JouRNAL OF THE HousE.

, The following message was received from the Sena.te
through Mr. W. A. Harris, the Secretary, thereof:

Mr. Spwker:
Th.e Senate has passed the following bill of the 'House, with certain amendments, by the requisite constitutional majority, yeas 24, nays 0, to-wit:
A bill to incorporate the Maeon and Alabama Railroad Company.
The Senate has concurred in the amendment of the House to the following Senate bills, to-wit :
A bill to incorporate the Dupont, Macon and Florida Railway Company.
Also, a bill to amend an act to incorporate the Rome Street Railroad Company, and for other purposes.
Also, a bill to amend an act, approved December 27, 1886, to incorporate tha Griffin, LaGrange and Western Railroad Company, so as to confirm the change of name, and for other purposes.
Also, a bill to confirm an ordinance of the City Council of Augusta entitled an ordinance to prescribe the time and conditions, under which the power of the Augusta Canal will be let and rented, and for other purposes, passed March 24, 1886.
The Senate has also passed the following bill of the House hy the requisite constitutional majority, yeas 26, nays O, to-wit:
A bill to make operative the provisions of the stock law as to Fulton county.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk ot the Executive Department:

Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:

WEDNESDAY, SEPTEMBER 21, 1887.

731

An act to substitute another section for section 3929 of

the Code, as to the oath of Bailiffs. Also, an act to amend section 1977 of the Code of 1882,

relating to landlord's special liens for rent, etc.

Also, an act to prohibit drunkenness and indecent and

disorderly conduct in South View Cemetery, in Fulton

county, and for other purposes. Also, an act to amend an act to incorporate the town of

Blakely, in the county of Early and State of Georgia, approved October 24, 1870, so as to create the office of

Mayor of said town, and define his qualifications, duties

and powers, and for other purposes.

1

Also, an act to authorize and empower the Mayor and

Aldermen of the city of Milledgeville to submit to the qual-

ified voters of said city the question of taxation for the sup-

port of the Middle Georgia Military and Agricultural

College and Eddy School, and for other purposes. Also, an act to repeal sections 742 and 743 of the Code

of Georgia, and to provide in lieu thereof another mode of

obtaining rights-of-way by persons engaged in the business

of mining.

Also, an an act to incorporate the town of Bart0w in the the county of Jefferson.

Also, an act to create a Board of Commissioners of Roads

and Revenues fot the county of Berrien.

Also, an act to provide for the registration of the q ualified voters of Berrien county.

Also, an act to create the office of Solicitor for the County

Court of Macon county and to fix the appointment of the same.

Also, an act to cede to the United States of America

exclusive jurisdiction over land in the city of Savannah.

Also, an act to provide for the taking of land which is

private property in the city of Savannah for the purpose of

erecting thereon a building for the use of the United States

Government for a post office, court-house and other uses.

Also, an act to incorporate the Brunswick and Atlanta Railroad Company.

732

JouRNAL OF THE HousE.

Alilo, an act to amend an amended act, approved March 5, 1M75, which amended an act approved March 20, 1873, so as to apply the provisions of said act to the incorporated towns and villages in Harris county.
Also, an act to amend an act entitled an act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20, 1873, so as to embrace Richmond county within the provisions of said act, etc.
Also, an to. incorporate the town of Logansville, in the county of Walton.
Also, an act to amend an act approved Sentember 4, 1885, entitled an act to grant certain exemptions to 'the, Southern Cadets, a voluntary company in the county of Bibb.
Also, an act to amend the several acts incorporating the town of Palmetto, in the county of Campbell.
The Governor has also approved the following joint resolutions of the General Assembly, to-wit:
'VA resolution to pay G. Y. Tignor, stenographer, and m. H. Haralson, Sergeant-at-arms of the committee appointed to investigate the charges against Judge Fain and others.
Also, a resolution providing for the appointment ofa Commission to report as to the needs and pt'obable cost in the equipment and furnishing of the New State Capitol Building.
Also, a resolution to relieve E. A. Pollock, Tax Collector of Pulaski county, from the penalty for failure to make a settle~ent with the Comptroller General, and fifty dollars special whiskey tax for the year 1885, and for other purpo ses.
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

WEDNESDAY, SEPTEMBER 21, 1887.

733

with amendments, by the requisite constitutional majority,
yeas 27, nays 0, and I am instructed to transmit the same
forthwith, to-wit:
A bill to require the Commissioners of Roads and Revenue in Fulton county, to establish a voting precinct in each ward in thr city of Atlanta, and to require voters to vote in the wards and militia districts in which they reside and not elsewhere, and to require persons in registering to give the street and number of their residence, and for other purposes.
Upon motion the rules were suspended and the call of counties for the introduction of new matter was dispensed with.
The following bills were introduced by unanimous consent, and the same read the first time, and appropriately referred, to-wit:
By Mr. CandlerA bill to regulate the sale of commercial fertilizers and
manures in this State; to prescribe penalties and forfeitures for violation of the provisions of this act ; to repeal existing laws for the im;pection and sale of such fertilizers and manures in this State, etc.
Referred to Committee on Agricultur~.
By Mr. Candler-
A hill to amend an act entitled an act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land-script, approved Match 3, 1874, by adding an additional proviso to the end of the 1st section thereof.
Referred to Committee on Education.
By Mt. Berner-
A bill to prohibit the sale of cotton in the seed in the county of Monroe or any Militia District therein, etc.
Referred to Committee on Special Judiciary.

734

JouRNAL OF THE HousE.

By Mr. Howell-
A bill to incorporate the Tallulah Falls Railroad and Improvement Company.
Referred to Committee on Railroads.
By Mr. Reilly-
A bill to amend an act entitled an act to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State, approved October 13th 1885.
Referred to Committee on Military Affairs.
Also, a bill to make an additional appropriation to carry into effect an act to provide for a complete roster of Georgia troops in Confederate Army, etc.
Referred to Committee on Finance.
By Mr. Felton, of BartowA bill to require all persons who sell country produce on
commission to send with their account sales the price received, date of sale, name and address of purchaser, etc.
Referred to Committee on Agriculture.
~y Mr. ShewmakeA bill to incorporate the Waynesboro Loan and Improve-
ment Company ; to define its powers, etc. Referred to Com;nittee on Banks.
By Mr. FaganA resolution to diseharge from the lunatic asylum Bunk
Gunn, of Houston co'tlllty. Referred to Committee on Special Judiciary.
By unanimous conRent, House bill No. 161 was taken from the table and reinstated upon the calendar.
The following bill was read the third time; upon the adoption of the amendment proposed by Mr. Williams of Upson, the previous question was called, which call was sustained, and the main question ordered.
The amendment proposed was lost.

WEDNESDAY, SEPTEMBER 21, 1887.

735

Upon the passage of the bill, the previous question was called, which call was sustained, and the main question ordered. The yeas and nays were called for, which call was sustained.

Upon the call of the roll, the following was the result of L he vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, .Belt. .Berner, Birchmore, Black, Branch, Brown of Cherokee, .Brewster, Calvin, Candler, Chappell, Clay of Cobb, Coney, Denney, Dodgen, DuBose, Durrance, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay,

Griffith, Ham, Harrison of Franklin, Harper, Harris of Catoosa, Hayes, Howell, Huff, Humphries of Clinch, Hunt, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Lamar, Lumsden, Mauney, Moye, McCord, McGhee, McLendon, McCleskey, Norris, Olive,

Peeplee, Perkins, Perry, Preston. Rawls, Reilley, Bussell of Chatham, Russell of Clarke, Schofield, Sin1s, Stewart of Rockdale, Tate, Veazey,. Vickers, Walker of ~'loyd, Walker of Putnam, \Yay, \Veil, Whaley, Wheeler, Williatns of Ranis, Williams of Jockson, \Vilcox, wilson.

Those voting in the negative were Messrs.-

Bailey, Brady, Brown of Henry, Uomer, Cook, Duggan, Fagan,
Felton of .Bartow Felton of Macon '
'

Harrison of Quitman. Harvey, Hawkins, Henry, HiL .,f Meriwether, Hill of Wilkes, Holland, Holleman, Humphries of Brooks,

Morgan, McGarrity, McKibben, Mc)Iichael, Newton, Page, Parker, Pickett, Pittman,

736

JouRNAL oF THE HousE.

Featherston, Fortner, Fordham, Gardner, Greene of Madison, Gresham, Hagan, Hale. Hand, Hart, Harrell of Webster,

Hutchison, Iler, Johnson of DeKalb, Jones, Kimbrough, Lanier, Little of Talbot, .Madden, Mills, :Mixon, Monroe,

Reynolds, Rich, Russell of Polk, Shewmake, Stewart of Mitchell, Stewart of Marion, StcThomas, Vaughn, West, Whelchel.

Those not voting were Messr~.-

Adams of Greene. Arnheim, Ashley, Atkinson, Blalock, Bray, Buchan, Cameron, Clay of Walton, Coggins, Crawford, Darden, Evans, Felton of Bibb,

Grindle, Hanell of Decatur, Harris of Columbia, Henderson, Howard, Hughes, Key, Mathews, McLane, Nichols, Ray, Reid, Rountree, Simmons.

Smith of Cr>twford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Strickland, Taylor, Terrell, Vining, Watts, Watson, Williams of Upson, Worsham, Mr. Speaker.

Yeas 73. Nays 60. Not voting 42.

So the bill was lost, to-wit :

A bill to fix and regulate the years at which minors may be employed in cotton, woolen, or other manufacturing establishments in this State, and to provide remedies for violating the same.

The House then adjourned until 3 o'clock p. m.

WEDNESDAY, :~ o'cLocK, P. M.
The House met pursuant to adjournment and called to order by the Speaker.
The roll was called, and a quorum was found to be present.

WEDNESDAY, SEPTEMBER 21, 1887.

737

Leave of absence was granted to the following members, to-wit: Messrs. Simmons, Terrell, ~ichols and Denney.
Mr. Harris, of Catoosa, offered the following resolu,tion, which was read and referred to the Committee on Rules, to-wit:
Resolved, That after Saturday, September 24, the call of the roll of counties for the introduction of new matter be dispensed with, and that no new matter be allowed to be introduced after that day.
By unanimous consent House bill No. 744 was recommitted to the Committee on Temperance.

Mr. Peeples offered the following resolution, which was read and adopted, to-wit:

A resolution requesting the Governor to return to the

House, House bill ~o. 313 for the purpose of correctiBg

errors in the bill.



Under a suspension of the rules, the following bill was read the third time ; the report of the committee was agreed to, and upon the passage of the bill the yeas and nays were called for, which call was sustained.

Mr. Candler called the ,Previous question, which call was sustained and the main question ordered.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Bailey, Belt, Brady, Bray, Chappell, Comer, Coney, Fagan, Fortner, Fordham,
47

Holland, Holleman, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key,

Parker, Perkins, Perry, Preston, Rawls, Reilley, Reynolds, Russell of Chatham, Russell of Polk, Shewmake, Sims,

738

JouRNAL oF THE HousE.

Gamble, Gibson, Gordon, Glenn, Greene of Madison, Hale, Hart, Harrison of Franklin, Harris of Columbia, Hayes, Henry, Hill of }feriwether, Hill of Wilkes,

Lanier, Madden, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McLendon, McKibben, .McCleskey, McMichael, Newton,

Stewart of Mitchell; Stovall, Tate, Thomas, Vaughn, Veazey, Weil, West, Wheeler, Whelchel, Williams of Upson, Wilcox, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Berner, Birch more, Blalock, Branch, Brown of Henry, Brown of Cherokee, Brewster, Dalvin. Candler, Clay of Walton, Cook, Dodgen, Duggan, Durrance, Felton of Burtow,

Featherston, Foute, Gresham, Griffith, Hagan, Hand, Harper, Harris of Catoosa, Howell, Huff, Jones, Kimbrough, Lamar, Little of Talbot, Lumsden, McUord,

McGarrity,

Olive,

Page,

Peeples,

Pickett,

Schofield,

Stewart of Rockdale,

~tewart of Murion,

Strickland, Vickers,

.

Walker of Floyd,

Walker of Putnam,

Watson,

Way,

Williams of Harris,

Williams of Jackson.

Those not voting were Messrs.-

Adams of Greene, .Ashley, Atkinson, Black, Buchan, Cameron, Clay of Cobb, Coggins, Crawford, Darden, Denney, DuBose, Evans,

Grindle, Ham, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harvey, Hawkins, Henderson, Howard, Hughes, Humphries of Brooks, Johnson of DeKalb, Mathews,

Ray, Reid, Rich, Rountree, Russell of Clarke, Simmons, Smith of Crawford, Smith of Glynn,J Smith of Gwinnett, Smith of Jefferson, Stevens, Taylor, Terrell,

WEDNESDAY, SEPTEMBER 21, 1887.

739

Felton of Bibb, Felton of Macon, Franklin of Fa~nin, Franklin of Thomas,
Gardner,
Green of Clay,

McLane, McGhee, Nichols, Norris, Pittman,

Vining, Watts, Whaley, Wilson, Mr. Speaker.

Yeas 72. Nays 48. Not voting 55.

So the bill was lost, to-wit :
A bill to repeal an act entitled an act for the relief of the State Lunatic Asylum, approved February 28, 1874, and to repeal an act to amend an act, approved Oct. 17, 1880.
House resolution No. 141 was taken up for a third reading, and as the same provided for an appropriation the House went into a Committee of the Whole Honse, Mr. Glenn in the chair.
Mr. Glenn, chairman of the Committee ot the Whole House, submitted the following report:

Mr. Speaker :
The Committee of the Whole House have had under consideration House Resolution No. 141, whicl: they instruct me to report back, with the recommendaticn that the same do not pass.
The resolution was then read the third time ; the report of the committee, which was adverse to the passage of the re!:~olution, agreed w, and tne resoiution was lost, to-wit :
A resolution to subscribe for copies of Hodge Digest of Georgia Reports.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill by snbsti- tute; the proper proofs were exhibited, and the bill passed by substitute by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to extend the corporate limits of the town of Sparta, in the county of Hancock, etc.

740

Jou"""RNAL oF THE HousE.

House bill No. 609, was taken up for a third readinc, and, upon motion, the bill was tabled.
A memorial from the Woman's Christian Temperance Union was received and referred to the Committee on Tem-
pera~ce.
Upon motion, the House adjo,urned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, September 22, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, .Blalock, Brady, Bray, .Brown of Henry, Brown of Cherokee, Brewste"T, Buchan, Calvin, Candler, Chappell, Clay of Cobb,

Ham, Hand, Hart, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper. Harris of Catoosa, Harris ot Columbia, Harvey, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Hunt, Holland, Howell, Hughes, Huff,

Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Rawls, Reynolds, Reid, Reilley, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons,

THURSDAY, SEJ;'TEMBER 22, 1887.

741

Clay or Walton, Oomer, Ooney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, DuBose, Durrance, Fagan, Felton of Bartow, Felton of Bibb Felton of Macon, Featherston, Fortner, Fordham, i!oute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale,

Humphries of Brooks, Sims,

Hun.phries of Clinch, Smith or Glynn,

Hutchison,

Smith of Gwinnett,

l'ler,

Smith of Jeilerson,

Johnson of DeKalb, Stewart of Mitchell,

Johnsor. of Screven, Stewart of Rockdale,

Jones,

Stewart of Marion,

Kenan,

t:ltovall,

Kennedy,

Strickland,

Key,

Tate,

Kimbrough,

Taylor,

Lamar,

Terrell,

Lanier,

Thomas,

Little of Talbot.

Veazey,

Lumsden,

Vickers,

Madden,

Walker of Floyd,

Mauney,

Walker of Putnam,

Mills,

Watts,

Mixon.

Watson,

Monroe,

Way,

Morgan,

Weil,

Moye,

West,

McCord,

Whaley,

McLane,

Wheeler,

McGhee,

Whelchel,

McGarrity,

Williams of Harris,

McLendon,

Williams of Jackson,

McKibben,

Williams of Upson,

McUleskey,

Wilcox,

McMichael,

Wilson,

Newton,

Worsham,

Nichols.

Mr. Speaker.

Norris,

Those absent were Messrs.-

Branch, Cameron, Coggins, Evans, Hawkins,

Henderson, Howard, Johnson of Echols, Mathews, Ray,

Smith of Crawford, Stevens, Vaughn,
Vming.

Mr. Lumsden, ofthe Committee on Journals, reported that
the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

742

JouRNAL OF THE HousE.

Leave of absence was granted to the following members,

to-wit: Messrs. Hawkins, Branch, Vaughn, Cameron, Fordham, Strickland, Hart, Perry, Smith of Glynn, and..Jta~ri-

son of Franklin.

.....

Peudingthe. reading of the Journal Mr. McCord gave

notice that at the proper time, he wonld move to reconsider

so much of the action of the House had on yesterday re,at-

ing to House bill No. 100.



Mr. McCord rpoved to reconsider the action of the House

had on yesterday, relating to I;Io.use bill No. 100. .

Mr. Jones moved to table the. motion to reconsider,,,:

Upon this motion the yeas and nays were called. for,

which call was sustained.

Upon the call of the rdl +he following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Bailey, Brady, Brown of Henry, Brewster, Buchan, Clay of Walton, Comer, Cook,
. DuBose,
Duggan, Fagan, Felton of Bartow, Felton of Macon, Featherston, Fortner. Fordham, Gardner, Green of Clay, Gresham, Hagan, Hale, Hand, Hart, Harrell of Webster,

Harrison of Quitman, Harper, Harris of Columbia, Harvey, Henry, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Humphries of B;oooks, Hutchison, Iler, Johnson of DeKalb, Jones, Key, Kimbrough, Lanier, Little of Talbot, Mills, Mixon, Monroe, Morgan, McGhee, McGarrity, McKibben, McMichael.

.dew Lon, Nichols, Page. Perkins, Pickett, Pittman, Reynold.s, Rich, Rountree, Russell of Polk, Simmons, Stewart of Marion, Stovall, Strickland, .Thomas, Veazey, Vickers, Walker of Putnam,
Whaley, West, Wheeler, Whelchel, Williams of Harris,
Wilcox, Worsham.

THURSDAY, SEPTEMBER 22, 1887.

~43

Those voting in the negative were Messrs.-

Adams ef Greene, Ashley, Belt, Berrrer, Birchmore, Black, Bray, Brown of Cherokee, Calvin, Chappell, Clay of Cobb, Coriey, Crawford, Dodgen, Foute, Franklin of .Fannin, Franklin of Thomas, Gamble, Gibson, Glenn,

Griffith, Harrison of Franklin, Harris of Catoosa, Hayes, Howell, Huft; Humphries of Clinch, Hu-nt, Johnson of .Screven, Kenan, Kennedy, Lamar, Lumsden, Madden, Mauney, Mcc"ord, McLane, McCleskey, Norris, Parker,

Peeples, Perry, Preston, Rawls, Reilley, Russell of Chatham, Russell ot Clarke, Schofield, Shewmake, Sims, Smith of Jefferson, Stewart of Rockdale, Tate, Terrell, Walker of Floyd, Watson, Way,_ Wei!, Williams of Jackson, Wilson.

Those not voting were Messrs.-

A~kinson,
Blalock, Branch, Cameron, Uandler, Coggins, Darden, Denney, Durrance, Evans, Felton of Bibb, Gordon, Greene of Madison,

Grindle, Ham Harrell of Decatur, Hawkins, Henderson, Howard, Hughes, Johnson of Echols, Mathews, Moye, McLendon, Olive, Ray,

Reid, Smith of Crawford, S~ith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Taylor, Vaughn, Vining, Watts, Williams of Upson, Mr. Speahr.

Yeas. 77. Nay~, GO. Not voting, 38.

So the motion to reconsider was tabled.
By unanimous consent, the following House bill was read
the second time, to-wit :

' A bill to amend an act entitled an act to equitably adjust the claims of the colored race for a portion of the proceeds

'744

JOURNAL OF THE HOUSE.

of the agricultural land-scrip, approved March 3, 1874, by
adding an additional proviso to the end of the first section thereof, etc.
The following Senate bill was taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to amend an act to incorporate the Atlantic, Birmingham and Great Western Railway Company.
Mr. Russell of Clarke, chairman pro tem, of the Committee on Rules, submitted the following report:

Mr. Speaker:
1_he Committee on Rules have had under consideration the following resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolution to dispense with the call of the roll of counties for the introduction of new matter and prohibit the introduction of the same, after September 24th next.
Respectfully submitted. R. B. RussELL, Chairman, protem.

Mr. Duggan, Chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker :
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of House and President of the Senate, the following acts, to-wit :
An act to make operative the provisions of the stock law as to Fulton county.
Also, an act to amend paragraph 30, section I, of an act approved March 2d, 1874, entitled an act to organize a County Court in each of the counties of Calhoun, Baker Quitman and Miller.
Also, an act to relieve P. T. Addison and D. J. Hayes in cases of A. D. McDaniel Governor of the State of Geor-

. THURSDAY, SEPTEMBER 22, 1887.

745

gia, against Rachel Baty or alias Rachel Kimball, principal, and D. J. Hayes and P. T. Addison, securities.
Also, an act to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows' Hall at Caines, Gwinnett county, Georgia.
Also, an act to prohibit the manufacture or sale of alcoholic, spirituous, or malt liquors within two miles of Trinity Methodist Church in the county of Gwinnett.
Also, an act to create a Board of Commissioners of Roads and Revenues for the county of Irwin.
Also, an act to incorporate the Bank of Cuthbert. Also, an act to ratify and confirm the charter of the Eatonton and Madison Railway Company, obtained under the general law. Also, an act to amend an act entitled an act to authorize and require the registration of all voters in the county of Cobb. Also, an act to amend an act entitled an act to repeal an act entitled an act to so far modify the laws against lotteries as to enable Wm. W. Boyd of the city of Atlanta, and Mrs. William Wilson, widow of Colonel W. T. Wilson, Seventh Georgia, Mrs. Mary Ann Williams and others, shall be granted authority to adopt a scheme to raise money for the purpose of building a home for, and supporting indigent widows and orphans. Also, an act to incorporate the Louisville, Waynesboro and Alexander Railroad Company. Respectfully submitted.
IVY W. DuGGAN, Chairman.

Mr. Chappell, 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 directed to report back, with the recommendation that they do pass llP amended, to-wit :

746

JouRNAL OF THE HousE.

A bill to incorporate the North G~orgia and St. Andrew& Bay Railroad Company.

Also, a bill to incorporate the Fort Valley .and Dublin

Railroad Company.



The Committee have also had nuder consideration the following bill of the House, which I am directed to report back, with the recommendation that it do pass, to-wjt:
A hill to amend the chart~r of the . chy and Suburban Railway of Sav~nnah, Georgia.
Respectfully submitted. THos. J .. CHAPPELL, Chairman.

Mr. Calvin, chairman of the Committee on Education, aubmitted the following report:

Mr. Speaker :
The Committee on Education have had under consideration the following bills which they instruct me to return to the House with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to amend an act entitled an act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land-scrip by adding an additional proviso to the end of the first section thereof, etc.
Also, a bill to establish a system of public schools for the town of Waycross, and for other purposes.
Respectfully submitted. M. V. CALVIN, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

Mr. Speaker :
The Committee on Finance have had Hilder consideration the following resolution which they instruct me; to return to the House with the recomendation that it do pass, as amended, to-wit :

THUBSDAY, SEPTEMBER 22, 1887.

747

A resolution for the relief of C. C. Thorpe and J. W. Kight from forfeiture of a criminal bond.
Also, the following hili and . resolutions which they instruct me to return to'th~ House with the recommendation that they do not pass, to-wit:
A bill authorizing the payment of balance due R. E. Wilson as Clerk of the committee to investigate the conduct of the Auditi~g Boa~d of the Western & . Atlantic
Railroad, in 1872.
Also, a resolution providing for the payment to Mrs. E. A. Bidwell of certain coupons due on bonds stolen from her iu 1882.
Ahm, a resolution for the relief of J. J. Kirkland, ;former Tax CollectoF of Miller county.
Respectfully submitted.
w~I. w. GoRDON, Chairman.

The following resolution was taken up, read and adopted, as amended, to-wit:
Resolved, That after Saturday September 24th, the call of the roll of counties for the introduction of new matters be dispensed with, and that after that time no new matter shall be allowed to be introduced into this House without
consent ot three-fourths of the House.

The following House bills were taken up, and the Senate amendments thereto were concurred, to-wit:

Abill to incorporate the Cartersville, Marysville and Knoxville Air-Line Railroad Company.
Also, a. billto require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and for other purposes.
Also, a bill to incorporate the Macon an,d Alabama Railroad Company. to define its rights, powers, etc.

By unanimous consent, the following bills were intro-

d~ced, read the first time and appropriately referred,

to-wit:



748

JouRNAL OF THE HousE.

By Mr. Tate-

A bill to incorporate the Blue Ridge Banking and Loan

and Trust Company.



Referred to Committe on Banks.

By Mr. WheelerA bill to amend paragraph 3, section 4 of article 3 ot
the Constitution of 1877. Referred to Committee on General Judiciary.

By Mr. ShewmakeA bill to incorporate the Hetchzibah and Hawkinsville
Railroad Companny, etc. Referred to Committee on Railr,>ads.

House resolution No. 151, was taken up for a third read-

ing; as the resolution provided for an appropriation, the

House went into a Committee of the Whole House, Mr.

Howell in the chair.

.

Mr. Howell, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaket:
The Committee of the Whole House have had under consideration House resolution No. 151, which they instruct me to report back, with the recommendation that the same do pass by substitute.
The following r<-l'.>o ution was read the third time; the substitute proposed by the committee was adopted in lieu of the original, and, upon motion, the pending resolution was recommitted to the Committee on Finance.
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 91, nays 0, to-wit:
A resolution to relieve M. C.Martin, surety on penal bonds of Allen Johnson, Henrietta Thomas and Warren Dennis.
The following resolution was read the third time; t}le

THURSDAY, SEPTEMBER 22, 1887.

749

report of the committee was agreed to as amended, and the resolution passed as amended by the requisite constitutional majority, yeas.lOO, nays ll, to-wit:
A resolution to authorize the sale of lot land No. 749, in in 17th district and 2d section of Cobb county.
The following bill was read the third time; the report of the committee was agreed to; upon motion, the bill was rf'committed to Committee on General Judiciary, to-wit:
A bill to provide for the appointment of Inspectors of provisions, etc.
Upon motion, the House adjourned until 3 o'clock p. m.

THURSDAY AFTER~OON, Sept., 22, 1887.

The House met pursuant to adjournment and called to order by the Speaker.

The roll was called, and a quorum was found to be present.

By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Special Judiciary, to-wit:

By Mr. StricklandA bill to authorize the sale of domestic wine manufac-
tured from berries, in quantities not less than one quart, in this State, and for other purposes.

The following resolution was taken up, read the third

time ; report of the committee agreed to, and passed by the

requisite constitutional majority, yeas 93, nays 2, to-wit:

A resolution for the relief of the Home Provident Insu-

rance Company.

.

Also, the followig bill was read the third time; substi-

tute was amended.

Mr. Dodgen called the previous question on the bill and substitute as amended which was ordered.

-750

JOURNAL OF THE HOUSE.

Report of the committea was agreed to, which was avor able to the passage of the bill by substitute as amended.
Mr. Humphries of Brooks, called for the yeas and nay on the passage of the bill.

Upon the call of the roll the following is the result vote, to-wit:

Those voting in the affirmative are Messrs.-

Adams of Elbert, Ashley, Belt. Birch more, Brown of Cherokee, Buchan, Calvin, Candler, Chappell, Clay of Cobb, Clay of Walton, Coney. Darden, Denney, Dodgen, DuBose, Fordham, Franklin of Fannin, Gamble, Gibson, Gordon, Glenn, Greene of Clay, Griffith, Hagan, Hale, Harper, Harris of Columbia,

Hayes, Henry; Huff, Hunt, Hutchison, Johnson of DeKalb, .Johnson of Screven, Kena11, Kennedy. Key, Lamar, Lumsden, i\1 ad den, Mauney, Mills, )I organ, :McCord, McLane, .McGhee, McGarrity, :McKibben, .McCleskey, Norris, Olive, Page, Peeples, Perry,

Pickett, Pittman, Preston, Reilley, Rountree, Russell of Chatham Russell of Clarke, Russell of Polk, Schofield, Sims, Smith of Glynn, Smith of Jefferson Strickland, Tate, Terrell, Veazey, Vickers, Walker of Floyd, "Walker of Putnam. Watson. Way, Whaley,; Wheeler, Whelchel, Williams of Jackson, Williams of Upson, Wilson,

Thos'e voting in the negative were Messrs.-

Adams of Greene, Atkinson, Black, Brady, Brown of Henry, Brewster,

Hill of Meriwether, Newton,

Hill of Wilkes,

Perkins,

Holland,

Reynolds,

Holleman,

Rich,

Humphries of Brooks, Shewmake,

Humphries of Cline:-. l...,.!.. nmon~,

THURSDAY, SEPTEMBER 22, 1887.

75!

Fagan, Felton of Bartow, Featherston, Fortner, Greene of Madison, Gresham, Hand, Harrell of Webster,

Iler, Jones, Lanier, Mixon, Monroe, ::'tlcLendon, McMichael,

Stewart of Mitcl1ell, Stewart of Marion, Stovall, Thomas, Weil, Williams of Harris, \Vorsham.

Those not voting were Messrs.-

Arnheim, Bailey, Berner, Blalock, Branch, Bray, Cameron, Coggins, Comer, Cook, Crawford, Duggan, Durrance, Evans, Felton of Bibb, Felton of J\-Iacon, Fonte, Franklin of Thomas,

Gardner, Grindle, Ha.m, Hart, Harrell of Decatur, Harrison of Frnnklin, Harrison of Quitman, Harris of Catoosa, Harvey, Hawkins7 Henderson, Howard, Howell, Hughes, Johnson of Echols, Kimbrough, Little of Talbot, }lathews,

l\Ioye, Nichols. Parker, Ray, Rawls, Heid, Smith of Crawford, Smith of Gwinnett, Stevens, Stewatt of Rockdale, Taylor, Vaughn, Vining, 1-Vatts, West, "Wilcox, Mr. Speaker.

Yeas, 82. Nays, 40. Not voting, 53.

So the bill was lost, to-wit:

A bill to fix and regulate the hours oflahor in all cotton and woolen manufactories, etc.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk ot the Executive Department :

Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of Pleasant Grove and

o; . __ ,

752

JouRNAl~ o:F THE HousE.

Pleasant Hill Methodist Protestant Churches in the county

of Jackson.



,

-

Alsu, an act to require the Grand Juries of the several

counties in this State to inspect the sanitary conditioo of the common jails of their respective counties at each reg-

ular term of the Superior Court held in such counties, and to make such recommendations in regard to the ventilation

and heating and the general sanitary condition of such jails

and the treatment of the inmates of the same as they may deem necessary, etc.

Also, an al"t to amend an act to submit to the qualified

voters of the towns of Calhoun and Resaca, respectively, of. Gordon county, the question as to whether any spirituous

or malt, vinous and other intoxicating liquors, shall be sold

within the corporate limits of said towns, etc, approved October 13, 1885.

Also, an act to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorizE\ con-

solidation with said company of railroads in Florida, the building of certain branch lines, and for other purposes.

Also, an act to incorporote the town of Kennesaw, in

Cobb county, and for other purposes.

Also, an act to incorporate the St. Mary's, Satilla and

Turtle Rivers Canal Company.

Also, an act to authorize the Mayor and Council of the town of Thomasville, Georgia, to issue bonds of said town (the question of "bonds" or "no bonds," having first been

submitted to the qualified voters of said town,) to the

amount of fifteen thousand dollars, to be used for the pur-

chase of land for park purposes and for water works. .

Also, an act to amend the charter of the town of Thomasville, by extending its corporate limits for police purposes

only.

Also, an act to ratify the consolidation of the Augusta

and Knoxville Railroad Company with the Port Royal and

Western Carolina Railway Company, and the Port Royal

THURSDAY, SEPTEMBER 22, 1887.

753

and. Augusta Railway Company to consolidate with said last named company, etc.
Also, an act to repeal an act incorporating the town of Swainesboro, in the county of Emanuel, approved December 22, 1857, and the several acts amendatory thereof, and to provide a new charter for said town, etc.
Also, an act to amend an act to incorporate the Exchange Bank of Macon, approved December 12, 1871, for the purpose of authorizing the Ditectors of said Bank to elect a Vice-President, and for other purposes.
Also, an act to fix the time for the adjournment of the Superior and City Courts in the State of Georgia.

Also, an act to create a County Court for the county of Early, and for other purposes.

By unanimous consent, the following resolution was taken up and read the second time, to-wit :
A resolution for the relief of C. C. Thorpe and J. W.
Kight of Johnson county from forfeiture of a criminal bond.

The following bill was read the third time, to-wit:

A bill to regulate the employment of labor.

Mr. Jones of Baker moved to indefinitely postpone the
bill, and on that motion Mr. Lamar called for the yeas and nays.

Upon the call of the roll, the following was the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, . Adams of Greene,
Atkinson, Belt. Berner, Birchmore, Black, Blalock, Brady,
48

Harris of Columbia, Henry,
Hill of Meriwether, Holland, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler,

Parker, Peeples, Perkins, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Polk, Shewmake, .

754

JouRNAL oF THE HousE.

Brown of Cherokee, Brewster, Clay of Walton, ()omer, Coney, Cook, Fagan, Felton of Bartow, Felton of Macon, Featherston, Fortner, Fordham, Gibson, Greene of Madison, Gresham, Hagan, Hale, Hand, Harrell of Webster,

Johnson ot DeKalb, Jones, Kennedy, Key, Lanier, Lumsden, Madden, Mauney,
~fills,
Mixon, Monroe, Moye, :McLane, McLendon, McCleskey, Mc:\Iichael, Newton, Nichols, Page,

Simmons,Sims, Stewart of Mitchell, Stewart of Marion, Stovall,
Strickland~
Terrell, Them as, Veazey, Vickers, Wei!, Whaley, Wheeler, Whelchel. Williams of Harris, Williams of Jackson, Wilcox, Wilson, Worsham.

Those voting in the negative were Messrs.-

Ashley, Brown of Henry, Buchan, Calvin, Chappell, Denney, Dodgen, Franklin of Fannin, Griffith, Hayes, Huff,

Johnson of Screven, Kenan,
~lurgan,
:McCord, l\IeGhee, McGarrity, McKibben, Olive; Perry, Pickett,

Pittman, Preston. Reilley, Schofield, Smith of Glynn, Tate, Walker of ~'loyd, Watson, Way, Williams of Upson.

Those not voting were Messrs.-

Arnheim, Bailey, Branch, Bray, .Cameron, .Candler, Clay of Cobb, Coggins, Crawford, Darden, DuBose, Duggan,

Glenn, Green of Cl~ty, Grindle, Ham, Hart, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman. Harper, Harris of Catoosa, Harvey, Hawkins,

Lamar, Little of Talbot, Mathews, Norris, Rawls, Ray, Reid, Russell of Clarke, Smith of Cr~twford, Smith of Gwinnett, Smith of Jefferson, Stevens,

THURSDAY, SEPTEMBER 22, 1887.

755

Durrance, Evans, Felton of Bibb, Foute, Franklin of Thomas, Gamble, Gardner, Gordon,

Henderson, Hill of Wilkes, Holleman, Howard, Howell, Hughes, Johnson of Echols. Kimbrough,

Stewart of Rockdale, Taylor, Vaughn, Vining, Walker of Putnam, Watts, West, Mr. Speaker.

Yeas 84. Nays 31. Not voting 60.

So the motion prevailed, and the bill was indefinitely postponed.

N. S. Walker, 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 request me to report back,with the:recommendation that they do pass as amended, to-wit :
A bill entitled an act to alter and amend section 4565 (a), of the Code of Georgia, of 1882, and for other purposes.
Also, Senate bill which is a bill entitled an act to amend section 4510, of the Code of this State, relating to the penalty for selling liquor on election day_., and for other purposes.
Also, Senate bill entitled an act to prohibit the sale of intoxicating liquors within threelmiles of the two churches and Academy in the town ot Belton, as amended, and for other purposes.
Also, an act to amend an act to amend an act approved September 22d, 1881, prohibiting the sale of spiritous liquors in the county of Wilkerson, State of Georgia.
Respectfully submitted, N. S. WALKER, Chairman.

Mr. Chappell, chairman of the Committee on Railroads,
~bmitted the following report :

756

JouRNAL OF THE HousE.

Mr. Speaker:

The Committee on Railroad.,;, to whom were submitted the following bills, report the same back, with the recommendation that they do pass as amended, to-wit :

Senate bill No. 70, to incorporate the New Life Water

Power and Granite Railway Company.

Also, House bill No. 953, to incorporate the Jackson and

Indian Springs Railway Comnany.

Also, House bill No. 998, to incorporate the Albany and

Bainbridge Railroad Company.

Also, House bill No. 1,004, to incorporate the Newton,

Morgan and Lumpkin Railroad Company.



The committee have also had under consideration the

following bill, which I am directed to report back, with

the recommendation that it do pass, to-wit:

A bill to incorporate the Washiugton Street Railway Company.
Respectfully submitted, THos. J. CHAPPELL, Chairman.

On motion House bill No. 188 was tabled.

On motion bills Nos. 252 and 392 were committed to the Committee on Finance.

By unanimous consent Senate bill 150 was recommitted to Committee on Temperance.

Under. suspension of the rules the following bill was.read the third time ; report of the committee agreed to, and bill passed by the requisite constitutional majority, yea.s 116, nays 0, to-wit:

A bill to change the time of holding the fall terms of the

Superior Court of Clarke county.

.

Mr. Harrison of Quitman, Chairman of the Committee

on Corporations, submitted the following report :

Mr. Speaker : The Committee on Corporations have had under consider

THURSDAY, SEP',l'EMBER 22, 18~7.

757

ation the following bills which I am instructed to report to the House with the recommendation that they do pass. Proofs correct, to-wit:

A bill to incorporate the Connasauga Canal and Manufacturing Company.

Also, a bill to repeal an act to incorporate the town of Tallulah Falls, a.pproved October 7, 1885.
Also, a bill to ()hange the chatter of the town of Conyers to that of a city, approved August 24, 18fll.

Also, a bill to incorporate the Tallapoosa Male and

Female College.

Also, a bill to amend the charter of the city of Griffin,

and acts amendatory thereof.

Also, a bill to incorporate the town of Blue Ridge, and

for other purposes.



Also, the following bill, which they recommend do pass

as amended ; proofs corrl;)ct, t-wit :

A bill to incorporate the town of Guyton, in Effingham county.
Respectfully submitted, WM. HARRISON, Chairman.

The following bill was taken up, read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill by substitute, and receiving the requisite constitutional majority, yeas 97, nays 3, was passed by substitut.:, to-wit :
A bill to require the indexing of all deeds, mortgages, judgments, liens, executions and other papers, required to be recorded by the laws of this State.
Also, the following bill was read the third time, the previous question was called and the call sustained, and the main question ordered; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit:

758

JouRNAL OF THE HousE.

as A bill to amend section 508 (f) of the Uode, to. tbe
manner of providing for the change of county site. On motion, th~ House adjourned until to-morrow morn-
ing at 9 o'clock.

ATLANTA, GEORGIA,
Friday, September 23, 1887.
The House met pursuant to adjournment; was called to order by the Speaket, and opened with prayer .by the Chaplain.
The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt,
Bern~>r,
Birchmore, Black, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, Candler, Clay of Cobb, Clay of Walton, Chappell, Coggins, Cotner, Coney,

Ham, Hand, Harrell of Webster, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of .Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, ller, Johnson of DeKalb,

Olive, P.age, Parker, Peeples, l:'erkins, Perry, Pickett, Pittman, Preston, Rawls, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk. Schofield, Shewmake, Simmons, S1ms, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens,

FRmAY, SEPTEMBER 23, 1887.

759

Oook, Crawford, .Denney, Dodgen, DuBose, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glef\n, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale,

Johnson of Screven, Jones, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills, Mixon, Munroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon, McMichael, McKibben, McCleskey, Newton, Nichols, Norris,

Those absent were Messrs.-

Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Branch, Darden, Duggan, Hart,

Harrell of Decatur, Harrison of Franklin, Johnson of Echols, Ray,

Smith of Crawford, Strickland, Vining.

Mr. Gibson, of the Committee on Journals, reported that the Journal ofyesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

Leave of absense was granted to the following membe:-s,

to-wit : Parker, Brady, Wilcox, Henry, McLane, Birch-
more, Stewart of Marion, McMichael, Tate, Atkinson, Fortner.

760

J QURNAL OF THE HousE.

Pending the reading of the Journal, Mr. McCord gave notice that he would at the proper time move to reconsider so much of the action of the House had on yesterday as. relates to House bill No. 182.

Mr. McCord moved to reconsider so much of the action
of the House had on yesterday relating to House bill .No.
182. Mr. Hartwell of Webster, mov.ed to lay the motion to
reconsider on the table.

Upon the motion to table the yeas and nays were called for which call was sustained.
Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Belt, Berner, Black, Brady, Brown of Henry, Brewster, Comer, Coney, Cook, DuBose, Fagan, Felton of Bartow, Felton of Macon, Fortner, Gardner, Greene of Madison, Gresham, Hagan, Hale, Hand, Harrell of Webster,

Harrison of Quitman, Nichols,

Hurper,

Parker,

Harvey,

Peeples,

Hawkins,

Perkins.

Henry,

Pickett,

Hill of Meriwether, Reynolds,

Holland.

Ric b.

, Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hutchison,

Sims,

Iler,

Stewart of Marion,

Johnson of DeKalb, Stovall,

Jones,

Terrell,

Kimbrough,

Thomas,

Lanier,

Vickers,

Little of Talbot,

Walker of Putnam,

Madden.

Whaley,

Mills,

Wheeler,

Mixon, Monroe,

Whelchel, Will~ams of Harris,

Morgan,

Wilcox,

McMichael,

Wilson,

Newton,

Worsham.

Those voting in the negative were Messrs.-

Ashley, Bailey,

Howell, Huff,

Pittman, Preston,

,.

.FRIDAY, 8EPTEMBER 23, 1887.

761

Birchmore, Blaiock, Bray, Brown of Cherokee, Calvin, Candler, Chappell, Clay of Cobb, Coggins, Crawford, Dodgen, .Foute, Franklin of Fannin, Gamble, Gibson, Glenn, Green of Clay, Griffith, Hayes,

Hunt, Johnson of Screven, Kenan, Kennedy, Key, Lamar, Lumsden, Mauney, McCord, Jl.1cLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, Norris, Olive, Page,

Rawls, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Schofield, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Tate, Veazey, Walker of Floyd, Watson, Way, Weil, West, Williams ot Upson.

Those not voting were Messrs.-

Atkinson, Branch. Buchan, Cameron, Clay of Walton, Darden, Denney, Duggan, Durraflce, Evans, Felton of Bibb, Featherston, Fordham, Franklin of Thomas, Gordon,

Grindle, Ham, Hart, Harrell of Decatur, Harrison of Franklin, Harris of Catoosa, Harr.is of Columbia, Henderson, Hill of Wilkes, Holleman, Howard, Hughes, Johnson of Echols, Mathews, Moye,

Perry, Ray, Reid, Russell of Polk, Smith of Crawtord, Stevens, Stewart of Mitchell, Strickland, Taylor, Vaughn, Vining,. Watts, Williams ot Jackson, Mr. Speaker.

Yeas 70. Nays 61. Not voting 44.

So the motion to reconsider was tabled.

By unanimous consent, the following resolution was read the third time ; the report of the committee was agreed to, and the resolution passed as amended by the requisite constitutional majority, yeas 94, nays 0, to-wit:
A resolution to relieve C. C. Thorpe and J. W. Kight, of Johnson county, from forfeiture of a criminal bond.

762

JoURNAL OF THE HousE.

Upon motion, the resolution was ordered to be ir~nn: diately transmitted to the Senate.
Under a suspension of the rules the following. bill waa
read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill to amend an act to incorporate the CommercW Bank of Albany, approved December 11, 1871.

The following House bill was taken ilp and the Senate

amendments thereto were concurred in, to-wit :

'

A bill to create the office of Inspector of Roads and Bridges for the county of Jasper, etc.
By unanimous consent, House bill No. 833 was withdrawn.
By unanimous consent, House bill No. 127 was recommitted to Committee on Special Judiciary.
By unanimous consent, the following bills and resolution~ were introduced, read the first time. and appropriately referred, to-wit:

By Mr. Ashley-

A bill to make it illegal to fish with seines in Allapaha

River and its tributaries, in the county of Wilcox, etc.

Referred to Committee on Special Judiciary.



By Mr. PerkinsA resolution for the relief of the National Life and Ma-
turity Association of Washington, D. C. Referred to Committee on Finance.

Mr. Hunt offered the following joint resolution, which was read and adopted, to-wit:

Resohed, That a joint committee composed of the President anJ two members of the Senate, and the Speaker and three members from the House, be appointed to look int() the business of both Houses and report an Tuesday next the earliest practical day of adjournment.
The following message was received from His Excelle~o,y

FRIDAY, SEPTEMBER 23, 1887. .

763

the Governor, through Mr. W. H. Harrison, Clerk of the Executiv-e Department,
Mr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to provide for and require the registra,ion of voters in Newton county and for other purposes herein contained.
Also, an act to incorporate the Atlantic, Atlanta and Western Railroad and Navagation Company, and for other puaposes.
Also, an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purpOS(!S.
Also, an act to incorporate the Austell Banking Company. Also, an act to incorporate the Albany Savings Bank. Also, an act to incorporate the Augusta Steamboat Company, and for other purposes.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereto :
Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend an act entitled an act to authorize and require the registration of all voters in the county of Cobb; and for other purposes; passed by the requisite constitutional majority, yeas 29, nays 1.
Also, a bill to prohibit the manufacture of alcoholic, vinous or malt liquors within two miles ~f Trinitv Methodist Church, in the county of Gwinnett; passed by the requisite constitutional majQrity, yeas 28, nays 0.
Also, a bill to create a Board of Commissioners of Roads and. Revenue for the county of Irwin, and for other purposes;. passed by the requisite constitutional majority, yeas 26, nays 0.

764

JotrRNAL oF THE HotrsE.

:r. Also, a bill to relieve P. Addison and D. J. Hayes in
the cases of H. D. McDaniel, Governor, etc., and for other purposes; passed by the requisite constitutional majo.rity,. yeas 28, nays 0.
Also, a bill to ratify and confirm the charter of the Eatonton and Madison Railway Company; passed by the requisite constitutional majority, yeas 32, nays 0.
Also, a bill to incorporate the Louisville, 'Vaynesboro and
Alexander Railroad Company, and for other purposes; passed' by the requisite constitutional majority, yeas 24, nays 0.
Also, a bill to prohibit the manufacture or 'sale of spirituous or malt liquors within one mile of the Odd Fellows Hall at Caiues, Gwinnett county, Ga. ; passed by the requisite constitutional majority, yeas 28, nays 0.
Also, a bill to amend an act entitled an act to repeal an act entitled an act, to so far modify the laws against lotteries
as to enable W m. M. Boyd, of the city of Atlanta, with cer-
tain other persons, to adopt a scheme to raise money for a Masonic Orphan's Home; passed by the requisite constitutional majority, yeas 28, nays_ 0.
Also, a bill to amend paragraph 30, section 1 of an act approved March 2, 1874, to organize County Courts in Calhoun, Baker, Quitman and Miller; passed by the requisite constitutional majority, yeas 23, nays 0.
The Senate has also passed the following bill of t~e House, with certain amendments, by the requisite constitu~ tional maj~rity, to-wit:

A bill to incorporate the CartersviPe, Marysville and Knoxville Air-Line Railroad Company ; passed by the requisite constitutional majority, yeas 29, nays 0.
The Senate has also passed the following bills of the House by the requisite constitutional maj~rity, to-wit:

A bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State ~x f(lr the years 18117, 18~8 and 1889 to pay off the indebtedn~

~'RIDAY, SEPTEMBER 23, 1887.

765

of said county; passed by the requisite constitutional major-
ity, yeas 35, nays 0. Also, a bill to create the 0ffice of Inspector of. Roads and
Bridges for the county of Jasper, and for other purposes; passed by the requisite constitutional majority, yeas 30,
nays 0. Mr. Berner, chairman of the Committee on General Ju-
diciary, submitted the following report:

Mr. Speake1:
The General Judiciary Committee have had under eonsideration the following bill, which they recommend report back to the House with the recommendation that it be referred to the Special Judiciary Committee, to-wit:
Bill No. 960, to repeal the registration now of force in Walton county, passed. in 1884 and 1885, and to pass another in which there shall be annual registrations; to require all persons to vote in the district of their residence, and for other purposes.
Respectfully submitted. RoBT. L. BERNER, .Chairman.

Mr. Berner, chairman of the Committee on the General Judiciary, submitted the following report:
Mr. Speaker :
The Committee on the General Judiciary have had under consideration the following bills which they recommend do . pass, to-wit :
A bill to amend section 730 of the Code. Also, a bill to amend section 250 of the Code. Also, the following bill which they recommend do pass, .. as amended, to-wit:
A. bill to amend an act to establish a City Court in the county of Richmond.
Also, the following bills which they recommend do not pass, to-wit :

766

JouRNAL OF THE HousE.

A hill to confer police powers on church officers.

Also, a bill providing for mortgages for plantation sup-

plies furnished a superior lien to all other liens, etc.

Als~, a bill to amend section 3739 of the Code.

Also, a bill to prevent civil officers of this State from

serving on juries.

Also, a bill to require the railroad companies in this

State to lay out and establish ways of access and egress, to

their depots and stations, etc.

Also, a bill to amend section 1456 of the Code.

Also, a bill to prohibit the discharge of fire-arms in or

near any public road, etc.

_

Also, a bill to amend section 2563 of the Code.

Also, a bill to require caveators to all wills to give bond

and security for the cost, attorney's fees, etc.

Also, a bill to authorize administrators, executors, guard-

ian or tmstees to sell lands belonging to the estates of

their decedents, wards or cestui que trust at private sale, etc.

Also, a bill to amend section 4373 of the Code of 1872.

Also, a bill to provide for the return of distress war-

rants.

Respectfully submitted.

RoBT. L. BERNER, (;hairman.

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

Mr. Speaker :
The Committee on Finance have had under consideration the following, resolution which they instruct me to 1eturn to the House with the recomendation that it do not pass, to-wit :

A resolution to appropriate money to pay for the Code of Parliamentary Law of force in the State of Georgia, and to provide for the purchase money dedicated by the author, etc.
I am also requested to return the following bill to the

FRIDAY, SEPTEMBER 23, 1887.

767

House, with the request that it be read a second time and recommitted, to-wit :
.A bill to establish an industrial institute and college for
the education of the girls of Georgia, and for other pur-
poses. Respectfully submitted.
w~r. w. GoRDON, Chairman.
Mr. Shewmake, chairman pro tem., of the Committee on Enrollment, submitted the following report :

Mr. Speaker:
The Committee on Enrollment report as duly enrolled, and ready for the signatures ot the Speaker and Clerk of the House, the following act, to-wit:
An act to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, for county purposes, etc.
Respecefully submitted. J os. A. SHE\V.:.IAKE, Chairman pro tem.
By unanimous consent, the following Senate bill was taken up, and the Senate amendment to House amen?ment was concurred in, to-wit:
A bill to amend an act to incorporate the Atlantic, Birmingham and Great Western Railroad Company.
By unanimous consent, House bill No. 960 was recommitted to Committee on Special Judiciary.
By unanimous consent, the following bill was read the second time, to-wit :
A bill to establish an Industrial Institute and College for the education of the girls of Georgia, etc.
Upon motion, the bill was recommitted to Committee on Finance.
Upon motion, the resolution offered by Mr. Hunt, oroviding for an early adjournment was reconsidered. -
Mr Pate offered a substitute, as follows :

768

JouRNAL OF THE HousE.

Resolved by the House, Senate concurring : That this General Assembly do adjourn sine die October 8th.
Upon motion, the resolution and substitute was tabled.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Corporation~, to-wit:
By Mr. SimsA bill to consolidate, amend and supercede the acts in-
corporating the town of Lincolnton, in the county of Lincoln, etc.
Also, by unanimous consent, the following bill was intwduced, read the first time and referred to the Committee on Banks, to-wit:
By Mr. McMichaelA bill to incorporate the Planters' Bank of Ellaville,
Schley county, Georgia.
The following Senate bills were read the first time and appropriately referred, to-wit:
By Mr. McLeod, of 15th DistrictA bill for the protection of game and insectiverous birds,
and birds of song, in the county of Telfair, etc. Referred to Committee on Special Judiciary.
By Mr. Hawkes, of 13th DistrictA bill to amend section 4251 of the Code of Georgia of
1882. Referred to Committee on General Judiciary.
The following Senate bills were read the second time, to-wit:
A bill to change the time of holding the fall term of the Superior Courts of the county of Marion, in the Northeastern Judicial Circuit.
Also, bill to amend an act, approved September 22, 1881, prohibiting the sale of spirituous liquors in the county o{ Wilkinson, State of Georgia.
Also, a bill to amend section 4570 of the Code of this State.

FRIDAY, SEPTEMBER 23, 1887.

769'

By unanimous consent, House resolution, No. 202, was recommitted to the Committee on Lunatic Asylum.
Upon !DOtion of Mr. Hunt, Hom;e resolution, No. 205, was taken from the table, and the following substitute adopted in lieu of the ot;iginal, to-wit :
Resolved by the House, the Senate concnning, That a joint committee ot the President of the Senate and two members of the Senate, and the Speaker of the House and three members from thE' HousE', be appointed to examine into the business of both Houses and to report the earliest practicable day for adjournment.
Mr. Tate, Chairman of Committee oD Special Judiciary, submitted the following report :

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back to the House with the recomme~dation that the same do pass, to-wit:
A bill to prevent the running at large of stock on Cumberland I:;land, in the county of Camden, this State.
Also, a bill to transfer the county of Twiggs from the Oconee Circuit to the Macon Judicial Circuit.
Also, a bill to prohibit the sale of cotton in the seed in Monroe or any militia district therein ; to provide for submitting the same to the people, etc.
Also, a bill to authorize the sale of domestic wine manufactured from berries in quantities of not less than one quart in the several counties of this State.
Also, the .following resolution which they recommend be reco~mitted to the Committee on the Lunatic Asylum, to-wtt:

A resolution to discharge from the Lunatic Asylum

Bunk Green, of Houston county.



Also, the following bill which they report back, with the

recommendation that the same do not pass to-wit :

49

'

770

JouRNAL OF THE HousE.

A bill to require verdicts for divorce to apply to both parties, and for the relief of all persons under a disability of partial verdicts tor divorce.
Also, the following bill which they report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to require and provide for the registration of the legal voters of Thomas county.
Respectfully submitted. F. C. TATE, Chairman.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker :
The Senate nas passed the f,)llowing hili of the House,' by substitute, by the requisite constitutional majority; yeas 25, nays, 13, to-wit:
A bill to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored or white people, and provide penalties for infractions of the provisions of said act.
The Senate has also concurred in the following resolution of the House, to-wit :
A rPsolution requesting the Governor to return to thP. General Assembly House bill No. 318.
Mr. Shewmake, chairman protem., of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
The Committee on Enrollment report as signed by the .Speaker of the House and President of the Senate, and delivered to the Governor, the following act, to-wit:
An act to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay off the indebtedness of said county.
Respectfully submitted. Jos. A. SHEWMAKE, Chairman, protem.

FRIDAY, SEPTEMBER 23, 1887.

771

House bill No. 359 was taken up for a third reading, and

upon motion, the bill was recommitted to Committee on

Finance.

'

House bill No. 403 wal-l taken up for a third reading.

As the bill provided for an appropriation the House went

into a Committee of the Whole House, Mr. Lumsden in

the chair.

Mr. Lumsden, chairman of the Committee of the Whole House, submitted the following report :

, Mr. Speaker :

The Committee of the Whole House have had under consideration House bill No. 403, whicl: they instruct me to report back, with the recommendati"n that the same do pass, as amended.

The following bill was then read the third time, and the report of the committee was agreed to.
Upon the passage of the bill, it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll the following was the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Ashley, Bailey, Belt, Berner, Bray, Brown of Cherokee, Buchan, Calvin, Candler, Chappell, Clay of Cobb, Coggins, Comer, Coney,

Griffith,

Olive,

Harrison of Quitman, Page,

Harris of Columbia, Perkins,

Hawkins,

Pittman,

Henry,

Preston,

Hill of Wilkes,

Reilley,

Holleman,

Reynolds,

Howell,

Russell of Chatham,

Huff,

Russell of Clarke,

Humphries of Brooks, Schofield,

Humphries of Clinch, Shewmake,

Hunt,

Sims,

Hutchison,

Smith of Glynn,

Iler,

Stewart of Rockdale,

Johnson of Screven, Stovall,

Kenan,

Tate,

772

JouRNAL OF THE HousE.

Crawford, Dodgen, Fagan, Felton of Bartow, Felton of Macon, Fortner, Foute, Franklin qf Thomas, Gardner, (-tibson, Gorrlon, Green of Clav Green of :'IL;d'iwn. Gresham,

Kennedy, Key, Lamar, Lanier, Little of Talbot, Lumsden, Madden, J\launey.
:'IIor~an,
Moye, :'lie Cord, ?llc Lane. !lie LP11clon,

Veazey, Walker of Floyd, Walker of Putnam, Watts, Watson, Way, Wei!, 'Whaley, West. Whelchel, Williams of .Jackson, ~Williams of Upson, \Vorsharn.

Those voting in the negative are Messrs.-

Adams of Elbert, Birch more, Black, Brown of Henry, Brewster, Clay of \Valton, Cook. DuBose, Franklin of Fannin, Gamble, Hagan, Hale, Hand, Harrell of \Vebster, Harper, Harvey, Hayes,

Hill of Meriwether, Holland, Johnson of DeKalb, Jones, )!ills, )lixon, Monroe, .McGarrity, McKibben, :McCleskey, )fc}Iicha<Jl, Newton, Niehols, Norris, Parker, Peeples, Pickett,

Rawls, Rich, Rountree Russell of Polk, Simmons, Smith of Gwinnett, Smith of J eff'erson, Stewart of Mitchell, Stewart of }!arion, Terrell, Thomas, Vaughn, Vickers,
~Wheeler,
Williams of Harris, Wilcox.

Those not voting are Messrs.-

Atkinson,

Glenn,

~Matthews,

Blalock,

Grindle,

McGhee,

Brady,

Ham,

Perry,

Brancq,

Hart,

Ray,

Cameron,

Harrell of De8atur, Reid,

Darden, Denny, Duggtm, Durrance, Evans. Felton of Bibb, Featherston, Fordham,

Harrison of Franklin, Harris of Catoosa, Henderson. Howard,
Hughes, Johnson of Echols, Kimbrough,

Smith of Crawford. Stevens, Stricklan\ Taylor, Vining, Wilson, Mr. Speaker.

Yeas 88. Nays 50. Not voting 37.

FRIDAY, 8EPTEMBER 23, 1887.

773

Having received the requisite constitutional majority, the bill passed, a~ amended, to-wit:
A bill to appropriate the sum of sixty-five hundred dollars for the repairs of the old capitol building, now used by the Middle Georgia Military and Agricultural College, in Milledgeville, Ga.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. Spenker:
In response to the joint resolution, asking for the return ofHouse bill No. 313, to make it illegal to seine for fish in the Allapaha River and its tributaries in Wilcox county, the engrossed and enrolled copies of said bill art herewith returned to the House of Representatives, that the same may be corrected.
Mr. Shewmake, chairman pro tem. of the Committee on Enrollment, submitted thP following report :

Mr. Speaker:
The Committee on Enrollment report as duly enrolled and ready tor the signatures of the Speaker of the House and President of the Senate, the following resolution, to-wit :
A resolution requesting the Governor to return to the House House bill No 313, passed through a mistake.
Respectfully submitted. J. A. SHEWMAKE, Chairman pro tem.

Upon motion, the House adjourned until 3 o'clock p. m.

FRIDAY AFTERNOON, Sept., 23, 1887. The House met pursuant to adjournment and called to order by the Speaker.

174

JouRNAL oF THE HousE.

Upon motion, tbe roll call was dispensed with.
Leave of absence was granted to the following members, to-wit: Kimbrough, Black, Hill of Meriwether, and Mauney.
The following bill was read the third time; the report of the committee was agreed to, as amended, the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 88, nays 7, towit:
A bill to appropriate the proceeds of the hire of misdemeanor convicts in the counties comprising the Northern Judicial Circuit to the payment of the costs ac~ruing to the officers of the court in which the conviction was had, and for the distribution in the insolvent cost.
The following bill was read the third time; the report of the committee, whtch was favorable to the passage of the bill by substitute, was agreed to, and the bill passed by substitute, by the requisite constitutional majority, yeas 100, nays 6, to-wit:
A bill to settle and define the county lines in this State, when differences may exist between counties as to the boundaries thereof, etc.
Mr. Shewmake, chairman pro tem. of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for the signatures of >the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to en ate the office of Inspector of Roads aud B.ridgel:l in the county of Jasper; define his powers and duties, and tor other purposes.
Also, an act creating a Board of Commissioners of Roads and Revenue in the county of U ni_on, and for other purposes.
Respectfully submitted. Jos. A. SHEWMAKE, Chairman protem.

SATURDAY, SEPTEMBER 24, 1887.

775

The following bill was read the third time; upon agreeing to the report of the committee and the passage of the bill, the previous question was called, which call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. Upon the passage the yeas were 37, and the nays 63. Not receiving the requisite constitutional majority the bill was lost, to-wit :
A bill to incorporate the Savannah, Macon and Birmingham Railroad Company.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLA~TA, GEORGIA,
Saturday, September 24, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with praye:r by the Rev. Mr. Hayes.
The roll was called and the following mem' bers answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Blalock, Brady, Bray,
Brown of Henry, Brown of Cherokee,
Brew~ter,
Buchan,

Hale,

Norris,

Hand,

Olive,

Harrell of Decatur, Page,

Harrell of Webster, Peeples,

Harrison of Quitman, Pickett,

Harper.

Preston,

Harris of Catoosa,

Rawls,

Harris ol Columbia, Reynolds,

Harvey,

Reilley,

Hawkins,

Rich,

Hayes,

Rountree,

Holland,

Russell of Chatham,

Howell,

Russell of Polk,

Huff.

Schofield,

Humphries of Brooks, Shewmake,

776

JouRNAL OF THE HousE.

Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Crawford, Denney, Dodgen, DuBose, Fagan, Felton of Bartow, Felton of Macon, Jl'oute, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson. Gordon, Glenn, Green of Clay, Greene of Madison, Griffith, Hagan,

Hurr.phries of Clinch, Hutchison, fler, JohnAon of DeKalb, ,Johnsor. of Screven, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot. Lumsden, Madden, Mauney, hlills, Mixon, Monroe, Morgan, McCord, McGhee, McGarrity, McLendon, McKibben, McCleskey, Newton, Nichols.

Simmons, Sims,.
Smith of Glynn, Smith of Gwinnett, Smith of Jeffe~son, Stewart of Mitchell, Stewart of Rockdale, otovall, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watts, Watson, Wei!, West, Whaley, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson~ Worsham, Mr. Speaker.

Those absent were Messrs.-

Birch more. Black, Branch, Cook, Darden, Duggan, Durrance, Evans, Felton of Bibb Featherston, Fortner, Fort! ham, Gamble, Gresham, Grindle, Ham, Hart,

Harrison of Franklin, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Hughes, Hunt, Johnson of Echols, Jones, Mathews, Moye, McLane, McMichael, Parker,

Perkins, Perry, Pittman, Ray, Reid, Russell of Clarke, t-lmith of Crawford, Stevens, Stewart of Marion, Strickland, Tate, Taylor,
V~tughn,
Vming, Way, Wheeler.

SATURDAY, SEPTEMBER 24, 1887.

777

Mr. Lumsden, ofthe Committee on Journals, reported that_ the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Leave of absence was granted to the following members, to-wit: Messrs. Cook, Perkins, Jones, Black, Clay of Walton, Glenn, Reynolds and Wheeler.
Mr. Felton, of Macon, 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 instruct me to report back with the recommendation that it do pass, to-wit:

A bill to amend section 1465 (f) of the Code. Also, the following bill, which they recommend do pass, as amended, to-wit: .

A bill to regulate the sale of commercial fertilizers and manures in this State.
Also, the following bills, which they recommend do not pass, to-wit :

A bill to repeal an act to provide tor the printing of the Department of Agricultur~.

Also, a bill to amend section 1553 (d) of the Code.

Also, a bill to repeal the inspection Ia ws of the State.

Also, a bill to require all persons who sell country pro-

duce on commission, to send with the account of sales, price

received, address of purchaser and date of sale.

. Also, a bill to prohibit the sale of any fertilizer or chemi-

cal when said fertilizers does not contain the ingredients

named in analysis therein named.



Respectfully submitted.

W. H. FEL'rON, Chairman.

Mr. Gordon, ehairman of the Committee on Finance, submitted the following report :

778

JOURNAL m THE HousE.

M1. Speaker :
The Committee on Finance have had under consideration the following bill, which they instruct me to return to the House with the recomendation that it do pass, towit:
A bill to provide for the payment of boud No. 349 of the State of Georgia, issued under the a:>t of the Legislator~, approved 12th January, 1852, and of the coupon due thereon.
Also, the following resolution, which they recommend do pass by substitute, to-wit:
A resolution for the relief of R. M. Tis ex-Tax Collector of Glynn county.
Also, the following bill and resolutions, which they recommend do not pass, to-wit :
A bill.to amend section 936 (a) of the Code, relating to the compensation of Tax Receivers and Tax Collectors.
Also, a resolution relating to bond No. 349 .of the Stat&. of Georgia, issued under an act of the Legislature, ap-
. p:-oved 12th January, 1852. Also, a resolution, authorizing Daniel J. Mathews, of Montgomery county, to peddle without license.
Respectfully submitted. WM. W. GoRDON, Chairman.

Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker :
The Committee on Railroads, to which was referred the following HousP bill, report the same back, with the recommendation that it be read the second time and be recommitted to said committee, to-wit:
A bill to incorporate the Chattahoochee Terminal Company.
The committee have also had under consideration the:

SATURDAY, SEPTEMBER 24, 1687.

779

following bill uf the Senate, which I am directed to repor back to the House, with the recommendation that it do pass, to-wit :
A bill to incorporat~ the Coosawatce Steamboat Company.
The committee have also had under consideration the following bill of the Senate, wHch I am directed to report back, with the recommendation that it do pass, as amended, to-wit :
A bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

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

Mr. Speaker:
The General Judiciary Committee have had under consideration the following bill and resolution,which they report back with the recommendation that they be read the 2d time, and recommitted to the General Judiciary Committee, towit:
A bill to provide a uniform mole of procedure in civil suits, except as herein provided.
Also, a resolution to require surety on the bond of the lessees of the Western and Atlantic Railroad Company.
Respectfully submitted. ROBT. L. BERl'IER, Chairman.
Mr. Shewmake, chairman pro tem., of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
.The Committee on Enrollment report as duly enrolled, and ready for the signatures ot the Speaker ot the House and Pr.:sident of the Senate, and delivered to his Excel-
lenoy, the Governor, the following acts, to-wit:

780

JouRNAL OF THE HousE.

An act to create a Board of Commissioners of Roads and Revenues in the county of Union, and for _?ther purposes.
Also, an act to create the office of Inspector of Roads and Bridges for the county of Jasper.
Respectfully submitted. Jo~. A. SHEWMAKE, Chairman protem.

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

Mr. Speaker :

The Committee on Corporations have had under consid-

eration the following bill which they instruct me to report

to the Honse, with the recommendation that it do pass,

proof correct, to-wit :



A bill to incorporate the town of Bluffton, in the county

of Clay.

'

RPHpectfully submitted.

W~L HARRISON, of Quitman, Chairman.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk ol the Executive Department:

Mr. Speaker:
The Governor has approved and signed the following act, to-wit:
An act to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay off the indebtedness of said county.
The Governor has also approved the following resolution, to-wit :
A resolution that the Governor be directed not to draw his warrant for $8,000 to the Atlanta University, under the act of March 3, 1874, 11util such a plan ot expenditure as

SATURDAY, SEPTEMBER 24, 1887...

781

will secure the exclusive use of the same for the education
of colored children only.
Mr. Terrell, chairman of the Committee on CountiE's and County Matters, !lubmitted the following report:

Mr. Speaker : The Committee on Counties and County Matters have
had under conside1ation the following bill, which they instJuct me to report back, with the recommendation that it' do not pass, to-wit:
A bill to amend an act to create a Board of Commissioners for. the county of Mcintosh and city of Darien.
Also, the following bill, which they recommend do paRs, to-wit:
,A bill to provide an additional system of working the public roads of Camden county.
Respectfully submitted.
J. M. TERRELI~, Chairman.
Mr. Chappell, chairman of the Committee on RailroadR, . submitted the following report :
Mr. Speaker :
The Committee on Railroads have had under consideration the following bill of the Senate, which I am directed to report back, with the recommendation that it do pass !II' amended, to-wit:
A bill to incorporate the Eatonton and Athens Railroad Company.
Respectfully submitted.
THos. J. CHAPPELL, Chairman.
The following resolution was read and adopted, to-wit:
Resolved, That the regular order of to-day be displaced, and that the day's session be devoted, 1st. To reading. bills
favorably reported a second time. 2d. The reading the

782

JouRNAL oF THE HousE.

third time local bills and such genera1 bills as their intro. ducers desires, and railroad bills.
Mr. Watts, chairman on the part of the House of the Special Joint Committee to investigate certain matters per taining to the Western and Atlantic Railroad, submitted the following report:

Mr. Speaker :

The committee appointed under a resolution provirling for a joint committee tl) investigate certain matters pertaining to the Western and Atlantic Railroad, in obedience to said resolution have examined into all matters referred to therein, and respectfully submit the following report and accompanying testimony and documents, to-wit:

1st. What amount of taxes have been levied by the State

of Tennessee the property

or of

municipal authorities the State of Georgia,

oafndChuantdtaenroowghaatul~awn

or laws, and when and by whom paid?

We find that the lessees of the Western and At!antic

Railroad have been charged with the payment of various sums laid upon the property of the W. & A. R. R. lying

within the limits ol the State of Tennessee, said sums

being State, county and municipal taxes, laid upon said prop-

erty, beginning with the year 1872, and ending with the

year 1R87, said taxes aggregating, up to last named date,

the sum of $90,660.55. As to what sum was assessed in

ench year, and what part thereof was State, county or

municipal tax, we beg to refer you to a tabular statement

hereto annexed, and marked exhibit "A." We find said

several sums paid at the dates mentioned in said exhibit, and in each instance by the Western and Atlanti~ Rail-

road Company. The authority for such demand we find

to be by virtue of various Acts of the Legislature of Ten-

nessee as follows: Code of Tennessee, Milliken and Ver-

tress, sections 669 to 708, 778, 1998.

2d. The nature and character of the property of the State.

of Georgia within the said State of Tennessee ?

.SATURDAY, SEPTEMBER 24, 1887.

783

We find that the State of Georgia possesses in her own right, within the State of Tennessee, a charter giving a right to build up and equip a railroad, and operate the same, from the State line of Georgia to some point on the eastern margin of the Tennessee River. Said charter was granted by and Act of the Legislature of Tennessee on January 24, 1838. We annex hereto a copy of said Act as exhibit "B."
By reference to the same it will be seen that "the privi-
leges, rights and immunities" granted to the State of Georgia by this charter were not specifically set forth in the .Act, but only declared to be the same as "are granted, made and prescribed for the benefit, government and di.rection of the Hiwassee Railroad Company." We note here that by subsequent Act ~his name was changed to " East Tennessee and Virginia Railroad Company." In order, therefore, to show what these "rights, privileges and immunities" are, we were compelled to examine the charter of said Hiwassee Railroad Company, and hereto annex a copy of said charter for reference, marked Exhibit " C."
We further find that by an Act of the Legislature of Tennessee, passed February 3, 1848, 3dditional rights were conferred upon the State of Georgia in relation to the Western and Atlantic Railroad by enacting " that all the rights, privileges and immunities, with the same restrictions, which are given and granted to the Nashville and Chattanooga Railroad Company, by the Act of the General Assembly of this State (Tennessee) incorporating said Company, passed Decernber 11, 1845, are, so far as they are applicable, hereby given to, and c0nferred upon, the State of Georgia, in the construction and management of the Western and Atlantic Railroad. We have annexed a copy of said Act as exhibit "D." As the additional rights conferred by this Act are only to be ascertained by reference to the Nashville and Chattanooga charter, we annex a copy of the same as exhibit "E."
We further find that on the 21st day of July, 1840, the Mayor and Council of Chattanooga granted to the Western

784

JouRNAL oF THE HousE.

and Atlantic Railroad a right to extend its track from ita
depot on Tenth street, in Chattanooga, through the cenu;r of Broad street, which was thereafter called Railroad avenue to Tennessee River. Its track was accordingly laid; and the use of this right.-of-way to the river was enjoyed np to a short period after the lease: Sometime before the
lease a bill was filed in the Chancery Court of "ennessee to
abatt' this right as a nuisance, and on the further grounds nonuser and misnser. It appears that a decree was taken
tg~1inst the State in thi;,; caEe by default, ::tnd the execution of the decree held np until the lessees took possession. The city proceeded to haw it executed by ordering the track torn up and renHJYed.
It appears that they were proceeding at the same time to extend Georgia avenue across the lot which figures in this report hereinafter as the triangle lot. Thereupon the lessees of the road filed a new bill enjoining the city from further proceedings in these several matters. The attorneys for the lessees, finding themselves concluded by the former decree as to the right-of-way on Railroad avenue, compromised the whole case by agreeing to dismiss the case in court, and further granting to the city certain rights in relation to a certain triangular town lot between Tenth street and Georgia avenue, lying on Market street.
The agreement between the parties wa~; as follows: Tbe Mayor and Aldermen agreed by an ordinance No. 278 to repeal a certain ordinance No. 258, passed June 18, 1878, entitled "an ordinance for the nse of Railroad avenue south of Ninth street by the Western and Atlantic Railroad Company in conjunction with the Mayor and Aldermen of the. city of Chattanooga," and to revive ordinance No. 256, passed June 4, 1878, entitled "an ordinance to close up, abandon and abolish as a street all that part of Railroad avenue which. 1ies south of the south side of Ninth street, and for other purposes," and to re-enact the same. These several repealing and re-enacting ordinances were passed, l)y the council as their part of the agreement, as may be

SATURDAY, SEPTEMBER 24, 1887.

785

seen bv reference to the Code of Ordinances of the city of Ch~ttanooga, which your committee have placed for
reference in the State Library. Upon the passage of these ordinances the Western and
Atlantic Railroad Company executed to the Mayor and Aldermen two agreements. The first was an agreement to dismiss its snit against the Mayo1 and Aldermen at its own cost, and not to begin any new snit as to said right-ofway for Georgia avenue as a street, so long as said Mayor and Aldermen shall not disturb said railroad company in its peaceable use, possession and occupation of that part of Railroad avenue which li6s south of the south side of
9th street in Chattanaoga. Th~ second was an agreement on the part of the Western
and Atlantic Railroad Company to put the Mayor and Aldermen of Chattonooga (and to keep them) in the possession, use and occupation of a tract of land in said city bounded north by lOth street, east and south by Georgia avenue, and west by Market street, being a triangle, upon condition that said Mayor and Aldermen shall pay an annual rental of$ll.OO to said company, and all taxes lawfully assessed upon said tract, and in default, and at the end of the lease of the Western and Atlantic, to yield up the possession of said tract to the Western and Atlantic Railroad Company. These two contracts are taken together and hereto attached
as exhibit" F." We failed to get the decision of the Chan-
cery Court in this case, because it was not published in the general reports. There is a law of Tennessee authorizing the judges to designate such cases as they desire reported, ~and this case probably shared the ignominy of not being selected for publication. Nor could we get the original
papers, because they were filed in Knoxville, where the oourt sits.
It is due to the lessees to say that this decree was had without their knowledge, and the arrangement made with lbe city broke the full force of it and was agreed by all to
' lie to the advantage of Georgia. It is not a great loss to
50

786

JoURNAL oF THE HousE.

be deprived of the right to pass down Railroad avenue to the river, as its continued use would be attended with risk of life and annoyance of citizens at all times. The State has now the right-of-way from Chickamauga station, on the State linP, to the south side of Ninth street, in the city of Chattanooga, a distance of 15.44 miles. In addition to this, she has six acres attached to Chickamauga station, worth $500 or $600-six acres situate on right-of-way of Western and Atlantic Railway and three miles from the car-shed, worth $6,000. In addition to this she has about nine acres in the city of Chattanooga, whereon are situated a part of the Union passenger depot and the freight depot of the State road. The remainder of this tract of land, Xcept a portion occupied by side-tracts, is occupied by tenements in part and vacant in part. The State owns onefourth interest in the Union passenger depot, with her own track running into the same over her own land. This passenger depot fronts on Ninth street in Chattanooga. On the right of it and also fronting on Ninth street is a build. ing of one-story brick, of four apartments. These were built by the lessees to replace a wooden building which existed at the time of the lease. To the right of this building is a vacant space of about thirty feet front; then comes another building, also fronting on Ninth street, which is 180 feet wide and flO feet deep. It is divided off into nine separate storEs or offices, two storieA high and built of brick. On the right of this property, and situate on the corner of Ninth and Market streets, is the freight. depot of the Western and Atlantic Railroad. This depot is about 50 feet front on Ninth street, and runs back 450 feet on Market street, two stories high on the corner and. all of brick. From the passenger depot to the corner of Ninth and Market streets is about 365 feet.
From the corner of Market street to where said Market street runs into the right-of-way of the Western and Atlan.... tic Railroad (at a point where it crosses Market street) is 1,125 feet. On t'-le side of Market street, opposite this property, and near to said crossing, is situate a lot about

SATURDAY, SEPTEMBER 24, 1887.

787

100 by 150 feet; further up towards the freight depot and on the same side with the lot just mentioned is the triangular lot heretofore teferred to. The property, after leaving out the car-shed aud the Western and Atlantic right-ofway to it, presents a very fine property. It is situate on Ninth and Market streets, in an unbroken front and in the heart of the business part of Chattanooga. It is estimated by reputable citizens and leading business men of Chattanooga to be worth one million dollars. If sold on long time, and at low rate of intere~t, it is claimed that it would bring one million two hundred thousand dollars. Now this statement refers to the depot property, exclusive of the car-shed and the two lots on the opposite side of Market street. Our authority for this conclusion rests upon the testimony of JohnS. Martin, John A. Hart and Samuel Read, citizens of Chattanooga, which is hereto attached.
As to the other lots, we conclude from same testimony, particularly that of JohnS. Martin, that they are worth at least $50,000. This makes a total of one million and fifty-six thousand dollars of available property in Chattanooga, which might be detached from the State Road and sold and the proceeds applied to the payment of, first, any bonded debt of the State secured by mortgage on this road, and the remainder to the general bonds as provided by the Constitution of 1877.
We cannot refrain from saying that some disposition must be made of this property. It is too valuable to be used as a depot property. All the other roads in Chattanooga are moving their drilling grounds outside of the city by reason of this fact. If it is not done by the Western and Atlantic Railroad, the property will be tax~d out of proportion to its use. It will create annoyance on the part -of the citizens of Chattanooga. Situated as at present, it stands in the way of the permanent improvement of the city, and 'Yill create prejudice against our rights. The road crosses Market street on Its way to the car-shed. It is unfortunate that the only. point for switching cars occurs directly across Market street. The t~aius thus impede the

788

JouRNAL oF THE HousE.

passage of pedE'strians, carriagE's and street cars at this crossing, which frequently results in injury to persons and property.
It would r-:eem that the dictates of business prudence, 88 well as that kind regard for the citizens o! Chattanooga which we all have, would be sufficient to urge the State to remove its present freight depot further down on its own property, and to change its switching grounds by removing the same out of the city. This course will enable us to dispose of a property that we do not need, and to remove an annoyance to the people of Chattanooga that cannot end too soon. Upon this latter point we refer to a letter from Mayor Sharp, which is hereto attached as "Exhibit G."
Whether any of the franchises or ptoperty of the Western and Atlantic Railroad lying in Tennessee have been sub-let by the lessees?
We find that the lessees have torn down a building to the right of and adjoining the passenger depot and re-built the same. The present building is worth about $3,000 88 it now btands. It is a single story brick, fronting on Ninth street, and contains four separate apartments. This property is all sub-let ditectly by the lessees, and rents for $240 per month, or $2,880 per annum.
Adjoining, and to the right of this building, on same side of Ninth street, is a hrick building two stories high, built by Creed F. Bates. It is divided off into nine separate tenements, and rented for stores and offices. The building cost $12,00u.
We find that the ground was sub-let to Mr. Bates by the lessees at an annual rental of $1,000 for the term of the Western and Atlantic lE'ase. A copy of the original conttact between the lessees and Mr. Bates is hereto attached, and marked "Exhibit H."
This contract should be read with care, a.s there is a stipulation in it that the sub-lessee shall have a. right to move these buildings at the end of his lease. The sub-lease 6( this ptoperty alone is worth $9,000 per annum. (See testi monial of Samuel Read.)

SATURDAY, SEPTEMBER 24, 1887.

789

What tenements have been erected on the property Qf the State in Tennessee, their value, and for wha~ purposes erected, and what rents and pofits have been received?
We find the two buildings on Ninth street, already alluded to, were built for rent as offices and shops, disconnected with the business of the road. The total value of the same (not including the land) is about $15,000, and the total rents and profits received from these sources by the lessees, including some minor items from other sources in rentals up to date, amount to $27,008.55. A full tabulated statement of these receipts and the sources from which they came is hereto attached and marked "Exhibit I."
Up to this time we have mentioned only the property of the State lying in the State of Tennes<>ee. We have found about seventy-two parcels of land situate at various points on the Western and Atlantic Railroad from Chattanooga to Atlanta. Some of these parcels are depot lots, some town lots, improved and unimproved, and in four instances whole land lots. While some of this property is necessary to the operation of the road, the greater part is entirely useless, and at ptesent unproductive of revenue to the State. We have placed no value on these lands because of the time consumed in getting up testimony to that end. We have, however, made abstracts of the title in every case found, inchtding the Tennessee property, and attach the said abstracts to this report under the head, " Abstracts."
In connection with thi;:; subject we call attention to the evidence of the Hon. Jos. E. Brown.
The present condition of said road and rolling stock? Investigations into the present condition of the road have led us to the discovery of certain facts which we feel it to be our duty to embody in this report. It appears that on 18th of August, 1870, Foster Blodgett, Superintendent of the Western and Atlantic Railroad, with the approval of Governor Bullock, entered into a contract with th!:l_Western Union Telegraph Company, by the terms of which they turned over the property of the road, known as the telegraph line from Atlanta to Chattanooga, to the

790

JouRNAL OF THE HousE.

Western Union Telegraph Compa.ny "f(>rever." The wires, poles and office fixtures, be it remembered, were the property of the State. Blodgett turned this property over to said company, bound the company to pay tor an additional line to be used for railroad purposes, and to carry poles, wire and other material, as well as also the persons of agents and officers of said company over the railroad free of charge, to furnish quarters for telegraph stations and do many other onerous things, in consideration ot the free transmission of telegrams on the exclusive business of the road over other lines of the company, unless the amount of telegraphing at commercial rates in any one month should exceed two huodreri dollars, then in that event the excess over $200 should be charged to the railroad at half the commercial rates. When it is known that the We'3tern Union Telegraph Company made arrangements with all other roads for the use of their wires, with a Rtipulation to transmit all messages relating to railroad business free of charge, without any restrictions as to amount, it will be setn how onerous and unjust this contract is. To illustrate: If the Central Railroad telegraphs during the month of September to the amount of $500 on its legimitate railroad business, its telegraph service is free; if the 'Vestern and Atlantic during the same month telegraphs to the same amount, it mu!<t pay to the telegraph company $150, or 50 per c.::nt. on $300, excess over the limit of $200. Upon the coming in of the lessees they disreganled this contract, and refused to pay the charges of the company in excess of $200. Upon this a bill was filed in the United States Circuit Court for the Northern District of Georgia by the Western Union Telegraph Company against the lessees of the road. A crossbill was filed by the lessees, setting out that the telegraph was the property of the State, and that Blodgett and Bullock could not transfer it. The lessees were sustained by the District Judge. An appeal was taken to the Supreme Court of the United States, when said court sustained the telegraph company. The court based their decision solely on the contract. The contract was so adroitly drawn as

SATURDAY, SEPTEMBER 24, 1887.

791

to make it appear that the telegraph company had furnished the telegraphic apparatus and owned the same ; whereas, the fact was the State owned the property. The head-notes of the decision are as follows :
1. An agreement between a telegraph company and the State of Georgia, sole owner of a railroad, which provides that the company shall put up and set apart on its poles along said railroad a telegraph wire tor exclusive use of the railroad, equip it with as many instruments, batteries and fixtures as may be required in the railroad stations, run the wire into all the offices along the line of road, and put the Mme in working order, fixes the terms upon which officers bf the road may receive and transmit messages through the eonnecting lines of the company, recognizes the right-of-way of the company along the line of road, regulates the use of ihe wire and compensation for it, and binds the State to pay the cost of constructing the wire and equipping the same at railroad stations not already supplied with instruments, batteries and other necessary fixtures, does not constitute a sale of mch wire, batteries and other instruments to the State, but is merely a contract for her exclusive use thereof.
~. As tne ownership of such wire and instruments is in the telegraph company, a lease of the railroad by the State confers upon her lessees only such rights as she acquired by her contract "ith the company.
Now, it is certain that the rights of the lessees have been adjudicated by this decision.
If they use the telegraph at all, it must be upon the terms stipulated iu the Blodgett contract. The State is not bound by the decision, but we think she is bound by the contract until it is rescinded or abrogated by the parties to it.
We append a copy of the contract between Blodgett and
the Western Union Telegraph Company as " Exhibit K,"
and refer to the decision quoted vide vol. 91 U. S. Reports S. C., page 28a. In the light" of these facts, it is evident that whatever contract is made in the future, touching the disposition of this road, it must be so guarded as not to

792

, JouRNAL oF THE HousE.

complicate the State with lessees or purchasers with reference to this telegraph line.
We call spl:'cial attention to the fact that the State ia this case was not a party to the suit, and not represented 01 the trial, the answer and cross-bill being filed and rPpresented only on behalf of the ll:'ssees.
As a further statement in reference to the condition of the road and rolling stock, we find it generally in good condition.
The main track has been laid from Atlanta to Chattanooga with fifty-six pound steel rails (averaging 88 tons per mile). The side tracts (of whicn we find about 44 miles), huwever, are laid with old rails, some iron and some steel, which were condemned as unfit for the main track, but which meet all the requirPments for sidelings. The road- . bed is in fine condition. Seventy-eight miles of it is covered with rock ballast, and nearly as much more of it with cinder:-; and clinkers. There being about 180 miles of track, including sidelings, it appears that there is about thirty miles of track not ballasted. The condition of the crossties, according to our observation and the evidence of the officers of the road, is fully up to the standard of the beMt roads in the State.
The bridges and culverts are in fair condition. The depot buildings, of which there are twenty-five, including Atlanta and Chattanooga, are all old buildings except four, to-wit: At Rogers, Dalton, Ringgold and Chickamauga,, whieh have been rebuilt by the lessees. The others require more or less repairs every year; eight of these are frame buildings, and several require repair'! before the expiratiou of t~.e lease, to-wit: Cartersville, Acworth, Allatoona and others.
In order to make intelligible this general statement of the physical condition of the road, and to convey a more definite. idea as to its condition, we desire to. ~ubmit ia detail a few facts and conclusions deduced from the evi~ dence and memoranda furnished us by the officers of th!! road.

SATURDAY, SEPTEMBER 24, 1887.

793

With regard to the condition of the rails, we find that the life ol steel rails depends on varying circumstances. . }""or instance, rails wear out much sooner on sharp curves than on straight lines, and much sooner under heavy t-ngines, heavy traffic and last schedules than under light engines, light loads, and small business and ~low schedules. We find that the Western and Atlantic Railroad is au exceedingly crooked road-in fact, almost a continuous <Jo[)nection of curves, and it has a large traffic in a1~dition to special, irregular and way-trains. It has ten through freight trains each way per day and six through pas~enger trains each way per day. According to the opinion of experts, the life of steel rails on curves is from nine to twelve years, and on straight lines, from fourteen to twenty years, on this evidence we find the average life of the rails now on the Western and Atlantic Railroad to be about eight years.
In this connection we submit herewith, marked "Exhibit L," a tabulated statement ol the rails bought each year since 1871, from which it appears there have not been large expenditures for rails ~ince 1883, and those bought since that time have been necessary to keep the track up to the standa!'d of safety. It costs about $5.00 per ton to take up old rails and replace them with other rails, and there would be no advantage to the lessees to take up the steel rails and replace them with iron ra:.ls, as the cost of taking up and relaying would be more than the difference between the value of second-hand steel rails and secondhand iron rails. We find that it will require annually from 150 to 200 tons of steel rails, and from 50,000 to 60,000 ~ross-ties, to keep the track up to its present standard.
The depot facilities of the W estem and Atlantic Railroad we find are ample everywhere, except at Atlanta, where they are inadequate for the bu,.,iness done and unequal to the facilities controlled by the Central Railroad.
Iu this connection, we call attention to the-1act that the trade made by Foster Blodgett, the Superintendent, and
approved by Rutus B. Bullock, as Governor, by which cer-

'794

JouRNAL oF THE HousE.

tain reaity in Atlanta was exchanged between the Western
and Atlantic Railroad and the Macon and Western Rail-
road, was an unfortunate tl'ansaction for the State. The inadequacy of considerntion was so great as to be suggestive to the mind of your committee of fraud, and we recommend the legality of the transfer be inquiJed into by the Governor, and if the facts justify the same, that the trade be abrogated and annulled, and that the State be re-invested with title to the property, of which she has been so unconscion- ably deprived.
With regard to the rolling stock, we find the equipment of the road consists of 55 locomotives, 722 box cars, 28 stock cars, 328 coal cars, 137 flat cars, 34 caboose cars and 40 passenger equipment cars. Of the 5.5 engines, 31 are old locomotives received from the State; 7 are comparatively new engines, having been bought within the last six years. Eleven of them are heavy engines, ''ten wheele1s," and the rest "eight wheelers." No new box cars or flat cars have bef'n built or bought within the last six years, and of the 328 coal cars, 2.5 have been built within the last six years. The 40 passenger equipment cars include passenger coaches, mail, express, baggage and combination. Of these, seven first-class passenger coaches were built in 1884.
With reference to the physical condition and probable life of the rolling stock, we submit herewith a statement, marked ''Exhibit M," which shows the expenditures each year for cars, engines, etc., on "Equipment Account," since 1871, by reference to which it will be seen that the lessees have not found it uecessa,y to expend large sums on this account since 1881, and therefore it will appear that a large proportion of the cars and engines are old, and do not promise many years of service after the expiration of the lease. According to the opinion of experts, which will ap pear from the evidence accompanying this report, the !if~ ~fa locomotive boiler is about eighteen years, but after the fifteenth yem the steam pressure must be reduced 20 per cent.; the life of a freight car is ten years, and the life of a passenger car is twelve years. Separate accounts have not

SATURDAY, SEPTEMBER 24, 1887.

795

been kept by the lessees for the engines, freight and passenger cars, and for this reason it is not easy to arrive at a satisfactory conclusion as to the ptobable future term of service of the cars and engines now in use -:-n the 'Vestern and Atlantic Railroad. Touching their present value, we find they were assessed for taxes on January 1, 1887, at for engines $198,000; for bars $297,425.
We find four expensive bridges on the road, two iron and two combination, whieh would cost new about $4,000 each. But these bridges have been built several years, and the two iron bridges will have to he built very soon after the expiration of the lease, as the period of safety for an iron bridge is about fifteen years, and these bridges were built about eleven years ago.
As one of the conditions pertaining to the equipment of the road, we feel it to be our duty to call attention to the fact that there are $311,000 of income bonds issued by the lessees, and still outstanding. As shown by the accompanying testimony, these bonds are secured by a pledge of the rolling stock and such other property as may belong to the lessees, as well as the earnings of the road. In the event that the'>e bonds are not paid off as they may mature, complications might arise between the State and the holders of these bonds, in case they should attempt to enforce their lien on the rolling stock. Sixty-eight thousand dollars of these bonds mature in October of this year, and the balance in annual installments, the last installment falling due before the expiration of the lease.
1. With regard to the Blodgett contract with the Western Union Telegraph Company. we recommend a ret<olution be passed by the General Assembly authorizing the Governor to test the validity of this contract, which was made by a ~~porary officer of the road, and not authorized by legislative enactment and being a perpetual contract according to its ternu;, it is very extra~rdinary and onerous, to say the least.
In the meantime We recommend that the action taken be

796

JouRNAL oF THE HousE.

so guarded as not to complicate the relations of the State with the present or any future lessees or purchasers.
In view of the fact that the State has no maps or plats of its property lying along or appertaining to the Western
and Atlantic Railroad, we recommend that a resolution be
passed authorizing the Governor to employ a competent civil engineer to survey and accurately plat and map out all of the lots, tracts and parcels of land owned by the State lyin~ adjacent or near the right-of-way of the Western and Atlantic Railroad, at all the stations, towns and cities along its line and said maps and plats filed in the Secretary of State's office. We deem it important that this work be done as early as possible.
2. \Ve recommend that a resolution be passed by the General Assembly creating a competent commission to make an inventory of all the realty owned by the State along the line of the Western and Atlantic Railroad and authorized tu segregate and set apart all realty not necessary for the use and operation of the road, and to proceed to sell the same under such regulations and restrictions as may be devised by the General Assembly.
:3. In reference to the Chattanoogo property, such of it as may be offered for sale should, in our opinion, be subdivided into small lots, not exceeding 50 teet front, and each lot up and sold separately, except the two small lot.~ on the east side of Market street.
4. In view of the fact that the tendency of the age in successful mil road management is toward consolidation, and in view of the fact that the frequent changing of control or ownership of such property disturbs contracts and relations with telegraph and express companies and connecting lines, thereby rendering such contracts less valuable to either party, we recommend that in the event it shall not be considered wise to sell the Western and Atlantic Railroad, that it be leased for a long term of years, thereby securing the greatest benefit to the lessees and the highest price to the State. The term of the lease ought to be at least as long as the life of our longest railroad charters.

8ATUR,DAY; 8EPTKUBER 24, 1887.

797

In conclusion, we desire to say that we have not thought

it expedient to avail ourselves of the prerogative usually

exercised by joint committees in framing and presenting

bills and resolutions for suggested legislation, but fulfilling

the duties imposed on us by the resolution creating this

committee, we have submitted the most important facts, and

accompany them with such recommend~tions as to us seem

conducive to the best interest of the State, leaving it to the

wisdohl of the General Assembly to frame such legislation

as it may deem necessary.

Respectfully submitted.



D. M. RoBERTS,

J. L. HAND,

On the part of the Senate.

R. F. WATTS,

J. T. BLACK,

J. R. LAMAR,

On the part of the House.

798

JouRNAL OF THE HousE.

EVIDENCE.

The following is the testimony of Mr. Charles W. Seidell, delivered before the joint committee appointed by, the Gen-

eral Assembly of Georgia to investigate certain matters in reference to the Western and Atlantic Railroad, August 24, 1887:

My name is Charles \V. Seidell. I live in Atlanta, Ga. I am
an employee of the Western and Atlantic Railroad Company and have I;een for four years, one year as fo~warding agent, three years as cla1m agent. Robert A. Anderson 1s the Superintendent and
resides in Atlanta, Ga. Mr. 1\I. H. Dooly is general roadmaster. The road is laid with steel rails; at least this is my understanding from general report. l\lr. J. C. Anderson is the agent in Chatta-
nooga, Tenn. The Superintendent or the President can give you all the information about the road and the land belonging to it. Mr. J. L. Brown is the attorney for the road.
The principle shops of the road are in Atlanta. Mr. George A. \Vellster is purchasing agent for the supplies here. Mr. Robert A.
Anderson has this work in charge.

The following is the testimony of Mr. Robert A. Ander-

son, delivered August 25, 1887:

I nave been Superintt>ndent of the \Vestern and Atlantic Rail-

road six years. I was employed on the road twenty-five years

before that time. I was assistant freight agent for years. I have

used steel and iron rails on the road. The average life of iron rails

is six years. \Ve have not had steel rails long. Experts say steel

rails last twenty years on straight lines and fifteen years on curves.

The \Vestern and Atlantic is a crooked road. Tonnage and weight

of engines has a great deal to do with the last of the rails. 'l'on-

nage per mile is larger on the Western and Atlantic than any

other road in the State. The engines are heavy; 85,000 pounds is

a heavy engine. Passenger engines are of a moderate size. In the,

last five years the tonnage has been on the increase. Passenger

traffic from 1875 to 1880 has been a gradual increase in the tonnage. Since 1871 there has been a gradual incr~ase in the traffic.

I cannot approximate the increase in traffic since 1871. You can

get this information from J. C. Courtney, at Atlanta, Ga. The weight of engines and tonnage affeets the life of the rail~. There

are ten freight trains each way per day on the road. All these

are through traiJ,s. There are six passenger trains each wuy per

day. Four are through trains. Seventeen years is the uwn1ge

life of the steel rails under the traffic of the road now. We laid

iron rails for several years. I cannot tell when we began to put

down steel rails. The rails are fifty-six pounds. ~here. ar~ no

iron rails rails, but

on the main line. some of them are

Sidings generally are steel. The steel rails

OlaJ?1dt~we1stihdiunogns

are not new rails, but have been taken from the mam hne. The

SATURDAY, SEPTEMBER 24, 1887.

799

iron rails are fifty-six pounds. I cannot tell the value of iron ra~ls

in 1871. I don't know what iron rails are worth now. Ste~l rails

in large quantities of fifty miles cost $42.50 per long Enghsh ton

laid down in Atlanta. We get them from Piltsburg, Pa. Terms

cash, with no discount.

The average age of steel rails now on the main line is about

eight years. If no more new rails are bought the track would not

be safe twelve months. We have two iron bridges, two combina-

tion have

bbreidegnesb~ilttheaboothuet resleavreenwyoeoardse.n

bridges. I cannot

The iron bridges tell the life of an

'iron bridge an iron bridge is more durable than a wooden bridge.

My opinion' is that a wooden bridge is safer than an iron bridge.

I cannot tell the difference in the cost of the bridges, as we have

built no bridges since I have been Superintendent. You cannot

tell anything about when an iron bridge is going to give way.

You can see when the wood is giving way in a wooden bridge.

Cross-ties last six years. They cost thirty-five cents a piece.

They are oak, got on the line of road.

The greater the number of trains, the earlier the rails will crys-

talize also in axles. I hought fifty tons of rails in March, 1887;

they have been laid. \Ve have never bought any rails for less

than $41.00. \Ve bought one hundred and fifty tons in 1887. We

put down iron rails up to ten years ago. \Ve paid $1 H1,455.61 in

the last sixteen years for rails; in 1871, $20,198.01; in 1872, $106,-

097.92; in 1873, $115,108.52; in 1874, $!l0,493.41; in 1875, $79,580.02;

in 1876, $95,263.31; in 1877, $120,107.96; in 1878,60,285.19; in 1879,

$49,0i1.30; in 1880, 26,187.65; in 1881,$127,304.79; in 1882, $87,286.58;

in 1883, $78,992.50; in 1884, $21,871.39; in 1885, $.3,936.13; in 1886,

$7,610.93. They were lain as soon as purchased. The rails bought

in 1885 cost $38.50 per ton.

We have eleven ten-wheeler engines, the balance are eight-

wheelers. \Ve have fifty-five engines in all. Forty-four are freight

engines. 'Ve have twenty-five Baldwin, ten Rogers, :;even Cook,

two Hinkley, one Pittsburg, two Norris, two Manchester, one

. Mason, and five Rhode Island engines. The cheapest freight en-

gines cost $7,200. We have bought no new passenger engines

since I have been Superintendent and don't know the cost. The

capacity of the cheapest engines is twenty-two loaded cars. The

most expensive engines are, some we paid $10,000 for in 1883. They

cost about the same now. The life of a boiler is about eighteen

years, but steam pressure mnst be reduced twenty per cent. after

fifteen years. We bought the last locomotives in December, 1886.

We bought seven in the last six years. The engines are all coal

burners. The cars are good, bad and indifferent; from ten to

twenty tons is their capacity. (Short ton.) There have been

twenty-five freight ears built in the last six years; they are all

coal cars, at a cost of $885.00 (is my recollection) ; $400.00 is the

cost box

of a cars.

innew~ixtwyeeanrtsy-atnodn

fiat car Is $350.00; cost of

box car. \Ve
no flat cars. a twenty-ton

have not built any new

The coal

cost car

of is

$a.~t6w5.e00n.ty-Ttohne

number of freight cars is about three hundred and eighty. 'l'here

are about twenty-seven passenger and combination cars. 'fhe

total number of passenger equipment cars are forty including Eassenger, mail and combination cars. We have se~en of the

est class of passenger cars, built in 1884; they cost $4,200 each;

the others are good cars, but not as fine in finish as the other

~een.b~J.gTgahgee, oetxhperrecs sa rasnwdocuol dm ba vi near at igoen$3c,a0r0s0

each to build them. cost $2,500. The av-

erage life of a box car is ten years, all freight cars ten years, pas-

800

JouR~AL oF THE HousE.

seuger cars twelve years. Mr. M. H. Dooley is Roadmaster. Mr. E. W. Cole was Superintendent in 1871; General McRae in 1874, and I have been Superintendent since 1881.
We have twenty-three depot buildings on the line. The buildings at Rogers, Dalton, Ringgold and Chickamauga, have been re-built by the lessees. All except the Dalton passenger depot are built after the same plan as the old ones. Mr. Dooly (',an tell what they cost. Some of them were built of brick, stone and wood. \Ve have not erected any new depots. These were built in place of those burnt. Most all of the depots on the line were built and re-built since the war. Eight are frame buildings. Frame build- ings last twenty years. New roofs have been put on all of them by the lessees. X ew roofs put on at Marietta, Cass, Kingston and
Ringgold, in the last six years. r think the entire line was cov-
ered with steel rails in 1883. There are nine acres of land owned by the State in the city of Chattanooga. Six acres three miles from town on the road, which were bought for section hands. There are also six aeres at Chickamauga. The freight depot building at Chattanooga is built of brick, and is on the corner of Ninth and Market streets. 'l'here are four one-story brick rooms on Ninth street. Also one bloek of buildings on 'Xinth street that are owned by the parties who leased the ground from the present lessees. They are .SOxlSO feet, and are two stories high. Also one-fourth interest in the l'nion Passenger Depot, which is built ou lands owned jointly by the ~ashville, Chattanooga and St. Louis Railroad and the Western and Atlantic Railroad where their land joins. The 2\femphis and CharleHton, and East Tennessee, Virginia and Georgia Railroads, each own one-fourth interest in the depot building and the land whereon it stands. Mr. Creed F. Bates is the sub-lessee of the block on Ninth ~treet, and resides in Chattanooga, Tenn. The terms of the lease are $1.1..000 per year ground rent for four years from January 1, 1887. The buildings belong to him at the expiration of that time.
Under the laws of Tennessee be has the privilege of moving the buildings. The other one-story buildings were built by the lessees, and we receive $240 rent for them per month. There are nine separate tenements in the Bates block. All of the nine acres are occupied, and all the land owned by the State is covered by tracks and buildings, except a triangle lot on the east side of Mar ket street and west side of Georgia avenue, south by Tenth street, and one lot on the east side of Market street, possibly fifty by one hundred feet; there is a small shanty on it occupied by some of
the bands.
Mr. R. A. Anderson was re-called August 26, 1~87, and
in explanation of his remarks on the 25th of August, sub-
mits a statement of the earnings of the freight and passage,
as taken from the records, which is as follows, to-wit:

SATUJWA Y, SEPTE)lm:n 24, 1R87.

801

Earnin,qs from J.rei,qht and Passage--Showing Number 1ons Freight and Number of Pas.~engers.

FREIGH'l'.

PASSAGE.
I

~

,- -- -

I --I---------;~-----

i_ --'~ons. --~~~ney.__ 'No. P~ssengers ~~ney.__

18il 1872 1873

354,828 425,932 357 142

I 1,036,0-!6 46 INo. account of: 1,252,844 0-! 'No Passengers' 1 103 643 08 '

~~~~g~~ !6

: '~-~ .w2, w1

"~-"-

1874 408,081

1'm9'266 06 1

106,115

291,345 28

1875 389:968

'858:420 64 I

94,664

251,627 5o

1876 4-!8 732

894,081 37

84,868

225,894 82

187ij1 450:6.57 1878 461 035

878,215 95 I 8.50 704 -!4

87,759 87,151

225,916 45 226,229 95

1879! 473:570

853:473 68

88,135

233,154 4i"i

18801 !lil:{,212

1,131,B01 62

134,570

293,9!l4 20

181Hl 837 890 1882 707 770

1,219 617 31 fl95 144i"i 63

!l38,035 22(),.535

438,049 78 340,063 70

188311 ()7.5:()84

fl13:858 31

24!l,047

8()4,284 85

1884 640 251

80B,850 10

188.'>1 18861

()631979 783:030

-~2,76695,3200

14 72

210,132 205,742 220,057

286,362 50 2-12,072 40 2.53,.'>01_0

\Ve have 722 box cars, 28 stock, 328 coal, 137 flats and 34 caboose

tars. \Ve have on hand thirty-one of the original locomotives r!:'-

veived from the State, all undergone repairs, but are in running

order now. I do not suppose we have any of Lhe original cars we

got from the State. The old iron taken from the track was sold.

The street that makes the triangle lot in Chattanooga was always

there; it waA worthless until the city graded the bluffdown; all

the land is necessary for the use of the franchise except the trian-

gle and the lot on the east side of Market street, and there is no

necessity for the State owning the six acres near the city; one

acre at Chickamauga is sufficient; the balance can be sold with-

out injury to the road or State. There are seventeen acres at Dal-

ton, fifteen is neeessary; one house at Calhoun that the road

eould dispose of. As a general proposition you eould lea:se some

of the land at Calhoun, but I would not sell it.

There is none too much ground at Adairsville, unleRs the agent's

house might be disposed of; the agent's house at Cass 8tatiou

1mld be disposed of. There is a house on the left of the road nt

Marietta that could be sold. I rlo not know how mueh land there

is in Atlanta; there is none here but what is in use; we eould use more. All the houses I have mentioned are about the same ~ize; I suppos~ they are worth $500 each. The triangular lot in Chat-

\anooga IS assessed by the city at $-- ; the one on the east side of Market street at $--.

'!'here is not much difference in the amount of land here and 11t

Chattanooga. The shops ht"re are partly on our land and partly

ou the land of the Central Railroad; we pay no rent. 'l'he Cen-

t!r!aholp~R.oad'!'hruernes

over part of our land, are ninety feet at the

and we use part of corner of the Grant

theirs fer building,

r;111nm~ sou~h, ~elongs to the right-of-way; the width of the

Jight-ot-way IS mnety feet from Forsyth to Whitehall stteet in

Atlan5t1a, Georgia. We keep an equipment account. It ineludes

802

JouRXAL oF THE Hou~E.

cars, engines and rolling stock; the total amount of that account shows what we paid for stock; it covers all the new equipmente and the footings on that account shows all the purchases sin~ 1871; it foots up $745,904.31, and is as follows, to-wit:

1871 . . . . . . . . . . . . . 1872 . . . . . . .
1878 .
1880. .
1881. .
1882 . . 1888 . . 1884. 1880. 1S8i .

. . . . . . . . $278,692 2S

........

59 901 96

100' 644 41

881479 94

1121722 33

23:225 00

1IB9 '4n220 0206

... ..

00 21 '685 }Q
23;031

\Ve have not at present date separate par value of engines and
cars. The Yalue of cars, rolling stock, eYery year for the purpose of returning them for taxes, the following is the totals for January l, 188i: Engines, 198,000; cars, 2!)7,425. "\Ve pay tax on the road-bed in Tenuessee at $10,000 per mile. The miles in Tennesspe
are fifteen and fourty-four one-hundredths of a mile. This is all
main line. Coal can; are used between here and Dade County Coal .Mines and sometimes on the Cincinnati Southern. Generally shipments of eoal for that line is in their own cars. I have no data with me as to the quantity of coal nsed per month; we will probahl,v average 5,000 tons per month. \Ve buy coal from Dade
Coal Company, delivered at Shell Mound, Tennessee. We pay
Sl.iiO per ton on cars.. I have no knowledge as to the cost of the buildings ereeted in Chattanooga and rented out. I understand that the Bates block cost $12,000.
The following is a eopy of the eontraet with l\Ir. Bates: Bee exllibit.
Mr. Bates has the right to remove all improvements and structure:.; at the end of his lease, the title to the building remaining in him, with the right to sub-let the same. We receive $1,000 per yettr for rent, payable quarterly. ~Ir. Bates did not add the
additional story on tekgrarn from Governor Brown. The buildings are rented out in stores, one tailor shop and several real estate offices. There are nine stores in all on the first tloor. The upper rooms are used for offict-s. I asked Mr. Smith, President of
the Louisdlle and Nashville Railroad, if he would take the Western and A tlantie Railroad off of our handR and pay the rent.
There was nothing official ; only a suggestion. He declined, the intention being simply to turn the lease over to him if he would comply with our contract. He would have simply stepped into our shoes, anrl no benefit would have accrued to us further than
a release from the obligations we are now under. "\Ve Jun-e income bonds now out; how many I am not able to
say, as that does not appear ou our books. I have been told by the President how much money we must make to meet them, about $100,000 per year on rental. One year we paid $118,0001.and hence know there are bonds out. 'l'he Treasurer or President
could tell how many bonds are out. Col. Morrill has been Treasurer, but died a few days ago. This was considered (Atlanta) his home for twenty years. l\Iaj. C. 'I'. Watson is acting Treasurer. These bonds are a pledge of the income of this road. Second hand steel rails are worth $21.00 per ton. In exchange, they go two old for one new one. The lessees have built about twenty-one
miles of additional side-track ; no branch roads; have not loaned

SAruRDAY, SEPTEliiBER 24, 1887.

803

or furnished any iron for branch roads; no spur-track.s off of the right-of-way further than one hu~dred feet. There 1s. no track between the Western and AtlantiC and Dade coal mmes; that
mine reaches the Nashville and Chattanooga at Shell Mound, Tennessee on their own road or track. Cars of the Western and Atlantic r~n over the Nashville and Chattanooga at Shell Mound, and thence to the mine for coal, three or four miles; do not have to pay, except the Nashville and Chattanooga, thr~e-fourth~ of a cent per car per mile, and they pay us the same. raxes patd to satisfy taxes due and demanded in Tennessee. Don't know that a ji. fa. was ever issued. They beg~n to be paid. before I was General Superintendent. Property m Tennessee 1s valued by a Board of Assessors; State Board. Don't know whether there is
any appeal ftom their decision or not. \Ve make separate returns to city of Chattanooga Board and the State Board. Twenty-two miles from Shell Mound to Chattanooga, and from Shell Mound
via Alabama Great Southern to Gadsden, I don't know. County tax to Hamilton county has to be paid in 'rennessee.

Mr. Martin H. Dooly testifies as follows:

I am Roadmaster of the Western and Atlantic Railroad: been

with the road since 1852, except during Gov. Bullock's adminis-

tration, six years as construction train master. Since Gov. Brown's

election I have been Roadmaster, except during Gov. Bullock's

time. My duties are to look after, at-Hi keep up the track, bridges,

depots, approve bills for coal, pay for cross-ties and pay off hands

and stock claims. The road is in very good condition-requires a

great deal of labor to keep it so.

Rock ballast on seventy or eighty miles, nearly as much with

cinders or clinkers. \Vhere dirt is good they do very well; if

spongy, I use rock. Including side-track and all, the road is one

hundred and eighty miles long, ballasted on main line where dirt

is not goou; where not ballasted it is sandy. Where ballasted it

is well ballasted. Great difference in tonnage since 1871 ; then a

car's tonnage was 18,000 pounds, now from 40,000 to 60,000 pounds,

car's weight 13,000 to 14,000 pounds. We have to surface up and

keep a careful eye on the road and work. One-third of whole

ties every year have to be renewed to keep the road in safe con-

dition. If the ties are rotton, rails will break. The bridges are

in fil_le condition and constant repairing, watching, inspecting,

etc., 1s necessary.

. Ties cost thirt~-fiv~ cent;;; first-class ties are seven inches thick, et!'l'ht feet lm~g, e1ght mches .heart-face, all are white and post-oak. T.tes are ge~tmg scarce, haulmg them ten and twelve miles; great

difference m using timber in a soil different from where it grows.

Yellow pil_le ties do not do as well here as in the place they grow.

O~nndlytwtwenottyr-onninberiwdgoeosd,

two combination, part bridges; eight-degree

iron and part curves are the

wheoaovd~

test curves on the line-could build a railroad from here to Chatta.uo~ga eightee!l miles shorter, never tunnE>l, and in,.;tead of

trossmg the ChiCkamauga fourteen times, cross it twice. i'4oon after the ~ar, I tried. to get them to use seventy-ti. ve or one hund~ conviCts to straighten out the unnecessary curves. Thirteen

mlles advantage over the East Tennessee, Virginia and Georgia between here and Chattanooga.

Betwee!l-111 and 112 mile posts we have six bridge;;. It eould

of be
to

so str!l'1ghtened as to keep.1t up at present

us tsaenodnalryd .t w oWberuidsgeefsr.o mW15e1) nt oo w~00o ntol 'yust r y

lteel ra1ls per year, and from 50,000 to 60,000 ties to kE>ep it at pres-

80-l

.JollR:\A 1. oF THE HoesE.

.!'nt standard. I~ would not be ~fe not to keep it up at this rate. If two or three ttes break the ratls will snap then like pipe-stems. The cars now are nearly as heavy as engines. The road cannot be allowed to run down and be safe to travel over at present speerl.
I offered the first bid ever made for the western and Atlantic Hailroad-$10,000 per month for three years and put in good order.

Shops are in fair condition, depots in good order, plenty of

room, some rock, some and the balanct: wood.

brick This

and some wood; does not include

tfhoeurdberpiockt ~tfoCuhr artotcak-

nooga or Atlanta; some will have to be covered with shingles

before the lease is out, to-wit: Cartersville, Acworth and Alt()ona

others by patching will last until the lease is out. The first steel

rails were bought in 1H7a, about two miles or 209 tons, or 88 tons to

the mile. In I HI.'), 100 tons; 187li, 1,H6.5 tons; 1H77, 2,0.')1 tons; 1879

1,26(i tons; 1HHO, 1,07H tons; 1HH1, 1,312 tons; 1882, 1,900 tons; 18831 2,'iiG tons; then it was all laid in steel rails. Since then we hav~

laid 5(10 tons to take out worst and put back new rails. The first

rails were 'ili pounds, was on heayy curves; I took them out and

put them on side tracks; the life of steel rails is sixteen or seven-

teen year,;. It would cost $-100 per mile to take up rails and

replace them as cost of laying. The average age of the rail now

on the track is eight years; since the road has been ballasted and

laid in steel rails, it costs :'!i1fi,OOO or $16,000 a month to keep it

surfaced up and aligned, that is for labor without material. Worse

crowded for freight in Atlanta than anywhere else; warehouse

I'IUfficient if they would haul it away. It is unloaded all along the

track, in town and at "arehouse.

\\'estern and Atlantic facilities are not as large in proportion as
the C.-ntral Railroad. \Ve haw to distribute to nearly all the other road;; and have to deliver at once as we have not yard room. "'e have not near as much warehouse and depot room as the Central Railroad; counting our shed, we have nearly as much. 'l'hen is no available, vacant or unoccupied room belonging to the
road in which anything could be put. We filled up a great deal of ground and used it for tracks. The -State owned a great deal
more land beyond the present yard that was said to have been ;;old by Uovernor Bullock to the Macon Road in consideration of the land occupied by ear shops belonging to the Macon and West-
ern Hailroad, used by the "'estern and Atlantic Railroarl. I heard at the tim.- he eonveyed to the Macon and \\'estern two or three acres. The land oeeupied by the Westen1 and Atlantic Railroad
was probably fifteen feet wide and eight hundred or one thousa_nd feet long. Terrninal facilities at Chattanooga is crowded in with not enough track room and no more for new traekf'l to be laid. \Varehouse, depot, Rhed and platform is enough. Only local
fr.-ight uses them.

I know the hounds of the land in Chattanooga. Cineinnati

passenger train goes on the \Vestern and Atlantic for one-half

mill. The East 'rennessee, Virginia and Heorgia Railroad three

or four hundred yards of thP right-of-way to reach the dei?ot.

They do not use tracks in the yard under contract or otherwise.

'rhere are five tracks in the depot in Chattanooga. I do not know

11rho owns them. The er four roads together.

sh I

edhawveasnb~uikltnoabwoluedt g1e854aso.rto18t5~5e

by three val1;1e of

...-acant lands if any. The place ts all hemmed m wtth thwkla

built up lots. Additional track room above high water level .an

8ATt!RDAY, SEPTEMBER 24, 1887.

805

cheap land can be got near Cincinnati junction. The right-of-way of ninety feet through Atlanta belongs to the Western and Atlantic Railroad. They have a map of Atlanta and Chattanooga lands.
The Georgia Pacific and East Tennessee, Virginia and Georgia
are usin" State's right-of-way. The Georgia Pacific reaches depot by it atfd Central is on the land; one place belonging to State near bridge and up to depot. Two iron bridges six hundred feet each cost more than they would now. They would now cost betw'een four or five thousand dollars each. It is very difficult
to say which is best. If iron is good, it is best; it is very hard to
tell \vhen it is failing. You can tell me when a wooden bridge is getting out of order. They now have a way of testing iron; but in the act of testing they may strain it. There is very little difference in priee. Iron is so eheap, it costs very little more than
wood. Railroad men prefer iron, as it does not burn. Some scicn-
tifie men elairn iron bridges begin to get defective after fourteen years. :\Iany change now because of increase of tonnage. Wooden bridges last fourteen or fifteen years if covered. The two iron bridges are about ten years old. Only sold one car-load of
scraps of steel rails, since the lease ten or twelve tons. The Western and Atlantic Railroad eompures fa,orably with any road in
the South. Rails are cheaper now than they were in 1871. First, we bought in 1H73 cost $140, delivered in Atlanta. I took that out in 1874, and we replaced it with rails from some mills at $38,
delivered. in Chattanooga. l took charge in 1871. Xo comparison between condition now and then. It was in a fearful condition then. First year we put in over 100,000 ties.
Tonnage is fully twice as much as it was then, but the rate we get is not one-third.
Old. iron rails in 1873 were worth $40, or as much as new steel rails now. :Xew iron rails then were worth $HO a ton.

Hon. ,J. E. Brown was sworn and te!'tified as follows on the 29th day of August, 1~87:

'l'he whole amount of taxei" paid to the State of 'l'ennes~;ee county of Hamilton and eity of Chattanooga, is a little over $fl0,000~

In the year 18HH, $143,:500 was assessed by the assessors of the city

of Chattanooga; $14.'),600 is assessed by the county of Hamilton,

Tennessee; the road proper and rolling stock for 1HH6, :M09,765.53

State. tax for 'rennessee; :!;26,539.21 was assessed per mile for the road Ill Tennessee, aggregating $.5.~.~1365.50. This includes all the

property lying in the State of Tennessee. Tht> taxes were paid by the West~rn and Atlantie Railroad. The general nature of the

property IS the road., side tracks and depot buildings, and all

necessary equipments for running a railroad. \Vhen we took

charge of the road, we found two tenement houses that had been

ere?ted upon the real estate of the Western and Atlantic Railroad,

whiCh were then rented out, as I recollect it; one to the Express

Company and the other, which had been diYided by partition

was u restaurant and drinking saloon. I beleive both, certainly

the latter, was a wooden structure. We continued to rent them

obuetttaenr dstrreu?cteLi~vreesthaendretnot.

Afterwards pay a higher

the tenants desired to erect rental. vVe then had the

Lb~rsetskeenat rbomrltd.mw~g,

put I do

up. not

It occupies the same place. Within the recollect the date, we permitted a largt>r

.f.~ouend!!o'fnobtmslpdemcigasllytonebeedeedrefcot~edr!'-uilproandeaurset..heTfhreeigcohnt

depot on tract was

at the tenants erect .the bmld.mgs at thetr own expense and

806

.JoURNAL oF TIU: Hon>E.

have the use of them until the end $1,000 per year rent, with privile!fe

of to

the lease, paying I remove the building

at ht i nthk~

end of the lease, or, if it is permittf>d to remain, they must make

such arrangements with the State as will be satisfactory or they

must turn them over to the State.

'

I suppose these buildings are worth some five 0r six thousand dollars. Witness states that these buildings enhance the value of the property some five or six thou~and dollar~, and thinks the
of lessees should pay the tax on the enhanced value of the property
as they get the rPnts of the property. The present condition the road-we think it is in very fine (ondition. The whole of the main track has been laid with first-class step] rai!R, fifty-six pounds
per yard or eighty-eight tons pPr mile. The roadbed is in exeellent eonditiou; the cross-ties are generally good, Hnrl the company, since the lease, has spent something over ::;IOO,COO of ballast
in the track. A great deal of the track wns rather soft and not very f'afe in wet weather, and all such places. have been w<'ll bal-
lasted till the track is in very good eondition. There was twentythree and a fmction miles of side track, as will appear by reference to a report in the Secretary of RtatP's office at the date of the
lease.

The company found the sidetracks entirely inadequate, and we

have graded and put down something over twPnty-one miles of

si(letraek, laid with iron raib, except some steel rails that have

been taken up from ,;hort curves and tranl"ferred to the sidetrack

and ne~v ,;tee! rails put in their place on the main traek. The

depot buildings are generally in good condition. The bridges,

whieh always need dose attention anfl frt>quent small rt-pair~, are,

I think, generally iu ver,v good order. \VP have built yuite a

nunt her of new eulverts and greatly enlarged some of the old one~,

am! Wl' believe the prescnt (ulverts are sufficient for all~' emer-

geul'y likely to arbe. For a ddailed statement of the enr:; and

engine>< W(' 110\\" ha \"l' on the road, I refer to "hat :\[ 1'. R. A. An-

derson has furuislwd, for lw is a very aecurate gentleman. In ref-

ere nee to the real estate owrwd by the State, not neeessary for the

usc of the road in Gemgin, 1 ean only milk!' a general ,tate111ent,

as all tlw title and other papers relating to the busine~s of the

\Vestern and Atlantic Railroad were taken pos~pssion of by agent

or agPnts of the StatP, under the direction of the Governor immediately after the lease, aud the lessees have not had the cu~tody

of them. I have been informed that the Superintendc'Ht of the

\Vestern and Atlantic Railroad, under authority of the GoY.ernor,

swapped c'ertain lands eonneeted with the freig-ht depot lll At-

lanta, lying mo;;tly west of the said depot to the then Mac.on and

\Ve;,tern, now Central Railroad, for a strip of land wh1ch be-

longed to the later, which was partly covered by the ear shops of

the \Vestern and Atlantic Railroad. I do not recollect that I ever

saw any of the papers that were exchanged, but I should 8Uppose ~he pai>ers oug~1t to be found !lllJOng- the other papers of tl;e roralad m the pt>Hf<esswn of the State, and I should tlunk the C~nt

Hail road would have a copy, and most probably of record Ill the

Clerk's office of Fulton county, Georgia. As it now appears, the

1\Iaeon and \Vestem got greatiy the advantage of the trade. It Is

only just, however, to say that a large part of the land conveyed

to the Macon and Western was in a large chasm or hole of proba-

bplryetttwy oheoarvtyhreexepeancsere, s~ndmutchhe

of which has been filled up land is now quite valuable.

at a It Is

sahlsoopsnwreyreimthpeonrtlaontt~attoed,thwehSictahtewatos

have more room where our on part of the land then be-

SATURDAY, SEPTEMBER 24, 1887.

807

longing ro the Macon and Western ~ilroad. I think_ the trade

was an unfortunate o the lease and I have

nnee~ earnsdeethn et

trade was he papers.

made sometime before Captain White, then

President of the Macon and \Vestern, pointed out the lines to me.

I understand there is a tract of land where the old shamies stood,

not far from Vinings Station, purchased by the Western and At-

lantic Railroad for the State soon after the road was built, for the

location of houses for track hands. I presume the deed will be

found of record in Cobb county.

There is also a piece of land, I think, probably forty acres, near

Mciver's Station. I have never seen the title papers, and do not

know how the track lies, but understand everybody there admits

that it belongs to the Rtate.

'l'hen I have been informed that there was a lot above Marietta,

not far from the Kennesaw Mountain, purchased during the war

for the timber to be used in the engine;;. I do not know the

number of the lot. Then I have been informed, I do not know

how much, land belonging to the State near Altoona. I think

small strips of land just beyond the Etowah River, in Bartow

CQUnty. There is also a piece of land connected with the depot

grounds at CartersYille, at present occupied by the East and "'est

Railroad Company, which iRan important feeder to the \\'estern

and Atlantic Railroad. They built a small depot upon it by the

conRent of the lessees of the \VesternandAtlantic Railroad, which

they are to have the right to use during the term of the lea;;e; and

if left upon the premi;.;es it belongs to the State, or they would haYe

the right to remove it at the end of tlw lease. On account of thl'

adYantage to the \Vestern and Atlantic Railroad, as a feeder, who-

ever controls the \\'estern and Atlantic Railroad, will want them

to continue on account of the two roads.

In ~larietta there is a small piece of land on the right hand side

a~ you go up frorn Atlanta, just be,voud the hotel, where we had a

small wooden ticket office, before tlw war, which has been burnt

down, a large warehouse runs back b~ the end of it, and the \Vest-

ern and Atlantic Railroad Company has permitted them to build

a P!~tform on a p~rt of the piece of land belonging to the I-'tate, to

farilltate the loadmg of cotton from the warehouse into our cars. I think by reference to a commi~sion appointed to make out a

eched~le of_ the 1-itate's property, tlwy recommended in their re-

port, tiled m the Hecretary of State's officl', that a competent

ag-ent of the State be appointed to look up all the lands belonging

to the Western and Atlantic Railroad which is the property of the

State, have the property surveyed and plats or maps of them. I

have never heard of an agent being appointed, and ctoubt if it has ever be~n done. Then Tam inforrrwd we have a ,;trip of ground

near Km!,>"Ston, but do not know its loeation. In Gorrlon county

we have the depot grounds, the boundaries of which can doubt'less be a~certained by reference to the ('lerk'r< office, which is in

t~haes

town of two lots

Calhoun. of lanrl a

And short

I haye been informed that the State distance from Calhoun, lying to the

r1ght of the road as y_ou go up, that were bought probably during

the war to get croRs-t1es for the track and wood for the engines. I

ufinUdtel~:smtganlda~tdhethyaatreI

poor lands, hut of some know anything about.

Yalue.

This is all tlw

, \\ e permit the East 'renne,;see, Virginia and Georgia Railway

Company to use one of our tracks through Dalton for which they

pnaey~~ues

a rental. r!ght-of-way

ge

nerally

is

' sixty-six feet wicte;

whe1e

it eon-

With the depots in the towns there is of course more room.

808

JouRNAL OF THE HousE.

As to any other information you may need belonging to the West-

ern and Atlantic Railroad, I would refer you to Mr. M. H. Dooley
who ha~ been Roadmaster for more than twenty years and I think

he iH better posted on these matters than I am. On being asked

in reference to the track that formerly run from the depot of the

Western and Atlantic Railroad to the river in the city of Chatta-

nooga, witness states that his information is, that that was closed

by virtue of a judgment or decree of the Superior Court of Ten-

nessee, which was adYerse to the State's title. I think our coun-

sel was the Messrs. Cook who represented the railroad. There is

a strip of ground, three cornered in shape, that lies east of the

depot in Chattanooga, which belongs to the i-ltate; and a little

further down the ;;treet, that rnns in the direction of the Stanton

House, I think there is a strip of ground belonging to the State

where the house stood in which the agent liwd prior to the war:

There may be some other lots in Chattanooga that you may find

upon inquiry. My understanding i>< there is some five or six

acres of land in 'rennessee from three to four miles from the city,

which wa,.; formerly occupied by track-hands, that belongs to the

State. In refer<?nce to taxes in Chattanooga witnesR's recollection

is that the <ompany on several occasions waited for executions to

issue before paying the tax, a11d he thinks it is true the first year.

\Vitness, as President of the \Vestern and Atlantic Railroad Com-

pany, had a correspmtdenee with GoYernor Col<Juit, while he wa11

Goveruor, and another one with GoYernor l\I<:'Daniel while he

was the Executive, urging the payment of the taxeH by the State,

by witness, on the ground that the State as lessor ought to pay the

taxes on the property. \Ye never paid anything but what we waR

obliged to pay under the laws of 'fenuessee. I think it would be

best for the State to sell all the land belonging to theWestern and

Atlantic Railroad that is not neede<l for the use of the road. The

value of the old tenement houses is worth something like ::fl,OOO.

T think the ~tate only owns one-third of the land on which the

passenger depot stands in Chattanooga.

As to the car-shed in Atlanta, the \Vestern and Atlantic ownw

three-tenths, Georgia thret--tenths, Central two-tenths, Atlanta

and \Vt-st Point two-tenths; the fifth track is rented to the Rich-

mond aml Danville Railroad, which pays a rental for the same in

proportioH to the other railroads. The land on which it stands

belongs to the State.

I do not think there was evl"r any lt-gi,.;]ative enactment in ref-

erenct> to the transfer of the property to tlw Central Railroad dur-

ing Governor Bullock's administration. The ears received hy the lessees are all gone; they have h~e11

rebuilt by some of the trucks being used. l\Iy present recol!e('tJOn

is that mortgageR or pledges to such rolling stock and other prop-

erty as may belong to tlw company for their payment ot the

inceme bomk My recollection i;; that they are general; $311,000

worth of bonds are still outstanding. The same number does not mature each year; my recolle!'tion is that $(iH,OOO com~s ~ue

in of

Oetober the leas~.

IHH7. I do

The not

balance comeH due before the know who holds a majority of

exp1ratum the bonds.

:\ly understanding is that :\1r. \V. T. \Vater,;, o~ Baltimo_re,

holds the largest number; they t;>ear ten l~er cent mtere~t Wl~h

quarterly coupons. The authonty wa>< glven to the Georlo(ll~

\Vester1i', now the Georgia Pacific, to run _into Atlanta o.ver the

right-of-wav of the \Vestern and Atla.ntH by the Legislature

hdore we leased the road. The East Tennessee, Virginia and (leorgia l'Ornes in by a charter from the Legislature, and by a c~m-

SATURDAY, 8EPTEMBEH 24, 1887.

809

tract it made with the Georgia Pacific .to occupy its track from Austell to Atlanta. The Central comes m by .a charter gra~ted to the Macon and v.restern, now the Central Railroad. T,he RIChmond and Danville comes in under a c~arter f~om the State, a_nd occupies a track under the carshed by v1rtue of the contract WI~h the other four roads as I explained when last before the committee. I cannot point' out the original lines prior to tJ:!e administration of (;oyernor Bullock. I do not know of any dmgram or plat to the land. On being asked by the chairman, witness states that he entertain~ no doubt that the lessees of the \Vestern and Atlantic Railroad would consent at any time to a sa;e by the State. of anv part or the whole of the vacant or unoccupied land belongmg to 'the State between Atlanta and Chattanooga, or of any property belonging to the State lying within either. of said cit.ieH, which. is of no practical use to the lessees, and wh1eh they w!ll not desue
to use during their lease. At a former meeting the committee asked me to produce a state-
ment of tlw rents received from property in Chattanooga, which I do with a view to having it incorporated in my testimony. See
exhibit.

ATI,ANTA, GA., August 31, 1887.
Hon. J. E. Brown recalled, stated as follows:
I desire to makt a remark in connection with l\Ir. Anderson's testimony about the Yalue of the engines and cars belonging to the We>'tern and Atlantic Railroad Company. As I understand, he put tha engines at $198,000 and the cars $29i,4:li'i, beeause they were so ghen in for taxes in Tennessee. This requires explanation. The asse~sors in Tennessee assess the property for taxation, and do not take it upon our estimate, or what may be given in by us. \Ve give in or ~uggest to them a valuation, and they take it. or not, a~ they choose. Our objeet is to put our rolling stoek at about the average at which other rolling stock is put in the Htate of T,mnessee. Their reason for requiring us to give in all the rolling stock the company has, is to get at the proportionate rolling stoek that would belong to fifteen and a fraction mileR that would lie in Tennessee, and upon that they put the tax.
Take the road and road-bed for the year 1tl86, and the assessors put the valuation of our road and track at S26,5HH.21 per mile. Now, 13S miles at this priee would pul the whole road at $3,(i62,410.98. I suppose you would not he willing to take that for the road. 'fhat was what the Tennessee assessors valued it at last vear. Estimat.ing the engines and car;; we now have over the assessrnent valuation in proportion as you would estimate the road over the assessment valuation per mile, and you may come nearer the real value. In other words, the valuation mentioned by Mr. Anderson was put upon it as a mere suggestion to the Tem1essee authorities. We have not yet learned what their assessment upon it is for the year, but we are bound by what they assess it at, and not what we suggest as proper for the as..<;essment.
My recollection is that probably the year before the war, an estimate was made up of the cost to the State of building and equip-

810

JoURNAL OJ<' THE HousE.

pi~g the W~ster~ ~nd Atlantic Railroafl, and it was put at somethmg mer six m1lhon dollars.
This is a stat.:>ment of true taxes paid to the State of Tennetlllee by the Western and Atlantic Railroad. See "Exhibit A."

September 12, 1887,
I have had the articles of agreement between the Western
Union Telegraph Company and Governor Bulluck read to me
agreement dated August 18th, 1870. The date of the lease is th~ 20th day of December, 1870. I never beard of the contract until after the lease. After the lease I inquired into our rights for the use of the telegraph line and was told that the Western Unir.n had control of one wire only betwE>en Atlanta and Chattan~ and the telegraph company was to give passes to the princi officers of the railroad. Those officers being no longer in o ce after the lease had returned their passes, and the telegraph com~ pany sent passes to the corresponding officers of the company under the lease. I was under the impression from what I had heard of it, as I had never seen the contract, that the railroad company were to have all their telegraphing free. Sometime afterwards, I do not remember how long the telegraph company presented a bill for half rates, all telegraphing done the previous month over $200. I declined to pay the bill and then secured a copy of the contract and perused it carefully. I considered it a hard one for the railroad; and it was my opinion that Mr. Blodgett, who was only a tempomry Superintendent, subject to removal at any time1 did not have the right to make a contract binding the State ana the \Vestern and Atlantic Railroad perpetually. A bill was filed by the telegraph company against the \Vestern and Atlantic Railroad Company, dated February H, lil72. Out of their bill grew a protracted litigation which was carried to the Rupreme Court of the United States, and finally decided against us. In payment of eompcm;atiou for messages over $200 per month, including all the expenses of litigation by the \Vestern and Atlantic Railroad Company, it cost us five or six thousand dollars. I understood from 1\Ir. \Vadley and Judge King of the Georgia Railroad and Col. Cole, of the Nashville and Chattanooga Railroad Company, that they got th~ir telegraphing free and had none of these charges to pay. 'l'he Injury to the company is the restrictions. I do not know of any chance to get rid of this contraet.

The following is the testimony of Mr. Robert Schmidt:

I am Agent of the Central and Atlanta and West Point Rail-

roadR. I have been at Atlanta for fourteen years. I have been

agent of the Central Road ever since it has been running into At-

lanta. I was employed by Mr. \Vactley, President of the Central

Railroad, during Governor Bullock's administration. I know

nothing except by hearsay of the transfer of the two pieces of land

between the \Vestern and Atlantic and Macon and \Vestern. I

heard !antic

that and

tthheere~'hlaacdonbeaennda

swap between the vVestern Railroad.

\Vestern and The Macon

At and

\Vestern used to own the land on Pryor street, then used 81! a

depot; they are said to have swapped that land to the Western

and Atlantic for land on west side of Atlanta, then vacant and

!,eJonging to the \Vestern and Atlantic Road, _whereon the shops

of the \Vestern and Atlantic Road are now situated. There are

no papers in my office showing the transaction. Mr. Wadley,

after get it

hsetro~-oitghctoennterdoluopf,

the but

:\lacon and was advised

\Vestern Railroad, not to do it.

tried

to

SATURDAY, SEPTEMBER '24, 1887.

811

It was made by

generally understood Mr. Blodgett, under

GthoavtetrhneorarBrualnlgoecmk'senadt moirnisswtar~pt, iwona.s

The land formerly owned by the Macon and Western Rmlroad

was about halfway between Pryor and Loyd streets.. . . I heard that the reason given to Mr. Wadley, advtsmg him not

to take any steps to straighten up the transaction, or swap, was

that he might stir up a wasp's nest; that the transfer couldn't be

legally made without the sanction and authority of the Legisla-

ture. Returns of taxes are made from Savannah. I understand that the land on which the shops of the \Vestern

and Atlantic Railroad shops are situated is included in the returns

made of Central Railroad property. I make returns for city of Atlanta taxes, and include that land. It is assessed in connection

with all the other property of the Central Road, the total, $.'lfi,OOO.

I think the Macon and Western land is now worth from $70,000

to $100,000. I do not know what the vVestern and Atlantic Rail-

road did with the land got by it under the Rwap. It is now occupied bv warehouses and other buildings. I think Dodd's ware-

house and the Jackson builcting are on the lanct. The land

!lWapped was the square bounded by Loyd, Pryor, Alabama and

the Railroad avenue or railroad traeks.

The swap took place before the lease. I think l\Ir. Foster

Blodgett was Superintendent of the "Testern and Atlantic Rail-

road when the swap took place.

The Western and Atlantic Railroad pay;.; nothing that I know

of for the use of the shops. They pay nothing through me; they

may pay in Savannah.

The land acquired by the Macon and \Vestern Road under this

swap is near \Vinship's shops, about five hundred yards from the

capitol. The tracks of the \Vestcrn and Atlantic run on that

land. I have heard that the shops were put there by mistake. The land is probably five hundred yards long, and probably thirty-
five yards wide; never heard of any bounds or street coruers. I have n~ver known or heard of any demand on the \Vestern
and Atlantic Railroad for rent or to move the shops; never heard

of any objection by thP :\Iaeon and \\Testern or Central to the

Western and Atlantic Railroad using the land for shops. The Central has no building on it, but three tracks, running over the

Central tracks over the land, is the only possession or occupation the Central has ever had of the land.

The shops of the Western and Atlantie Railroad have been

enlarged since the shops were built, and no enlarging were put on this land.

The enlargements, I think, were made by the lessees.

The following i~ the testimony of Hon. N. ,J. Hammond:

~epternber 15th, 1H87.

In reference to certain the whole history of the

lands in matter.

Atlanta I came

'toGkenocr.~rwia~fI

ean give you it since 1H53,

because, from 18.'h'l to 18i9, I was the attonH'Y of the Central Rail-

sCroooald.dm,. apnaTudhybe; oaoulpdgahMrttaootnfrthotheeeRsapalrieolrpboeyardttyhCesoo~mlbapocauongnyhaatnnwdda~\iVtasepfsartaretnmoehfRitshaeeisllrawonaadds

owned,by the .Macon and Western Hail road, (now the Central.)

In 1866 the heirs of Messrs. Cone & Mitchell sued the Maeon and

d";ehtern t the

Railroad Western

faonr?thAetloal~dtiMe otrnarcoke.

embankment connecting it A. \V. Hammond & Son

efended the law SUit and m the course of years a compromise

812

JouRxAI, oF THE Hom;E.

was made; the heirs received $5,000 and made a quit-claim deed

to the Macon and Western Railroad. That strip of land is one

hundred feet wide from near where the Central depot now is until

it joins the \Vestern and Atlantic Railroad at the north lot of the

gas works. Now during the war all the buildings or the

Western and Atlantic Railroad were destroyed, and the erecting

some of their shops they put them up on that territory. After

~ettling our title with the heirs of Messrs. Cone & Mitchell the :\lacon aml \\'estern Railroad called on the Western and Atl~ntic

to get off of that strip of land. Mr. Campbell Wallace gave to

:se: :\fr. A. J. \Vhite, President of the Macon and \Vestern Railroad
a written oblig-ation to get off of the land when demanded.

sides that on the freight depot (south side) as we built, as I now

recall it, State had no land on the south side of the depot and a

part of the depot stood on the land of the Macon and Western

Railroad. As business grew, after the war it became important

for them to have more room. That was the state of facts when a

bill was introduced in 1870 and became a law by approval of the

Governor, on 25th day of October, 1870, authorizing the Superln

tendent of the \Vestern and Atlantic Railroad, with the approval

of the Go\eruor, to trade with the 1\Iacon and \Vestern Railroad.

'rhe terms of the aet will ue seen by reference to it.

Negotiations occurred between Blodgett, Superintendent of the

\Vestern and .-\tlantiC Railroad, and )fr. Whtte, President of the

.:\Iacon and \Ve,;tern Hailroad, and they agreed upon terms about

the lOth day of December, lH'iO. 'rhere seems to be four papers

connected with the matter; one dated lOth December, I think;

two others the :!1st, and the last the 26th December, 1870. I do

not rememuer their contents, but the substance of all the papers

wa,; that the :\lacon and \\'estern agreed that the buildings of the

\Ve,;tern ami _-\tlantie Hailroad on the right-of-way might staud

there for ten years, hut not to he rt-lmilt if destroyed during that

time, hut at the end of that time the two roads jointly would

build a double tra!'lz oYer that right-or-way to be UHed for conduct-

ing their bu~;iness. It was a!!reed that ench might thus connect

with tlw otlwr, and the \\'estern and Atlantic would have the

right to cross their right-of-way with tracks it saw proper to put

down. Beside~ that, the )!aeon and \Vestem Railroad eonveyed to the

\Yt>Htt'ru and Atlantie Hailroad eertain portions of land on the

south side of tlw \\'estern and Atlantic depot, and Messrs. Blodgett

and Bullock, under that authority, eonveyed to the Macon and

\\'estern Hail road ( 'ompauy <ertain otlwr land made b:y these

triangles and the old ern ban krnent. 'l'he l'Xaet boundarwH are

re copied 011 till' re<ord" of Fulton eounty, Georgia, with the
exact distanct>>' and angle><. The papers to which J have

ferred ma v be found in tht office of the Clerk of the Superwr

Court 'of Jiulton county, in book l\1, page :-HJ2; book~. iHJ to i22,

indu~ivt>. and hook P, page 2HO. I ought to say fu~ther,, to show

the und

n~<ognition of ertook to for<e.

thi~ matt Alabama

esrt, ~e,.eutbstheqrouuengthly~ItHh'e

trade already mentiOned. 1\Iy firm, representmg

tthce1ertn:Cy~conortfyr~AbltylHanta~lt1a~

Hr\\oTaaeidlsr,toewarndhi<aCnhodmhApadatlnapynu,triwcehiatRhsaeiCdlrootlhaoedner(il'goJhrtun~l<piuaonsfyB,trhoae"wMnle,asc~reoeepnsrta>hn~?tdln\~t~~mengsgtet~rhhn~

rights of tlw :-<t.c1.te in that territory, tiled a bill of !IlJUnctl~ll

against the cilv of Atlanta to enjoin that extension; the 111~10

gronll(h; in having no

the 'bill powers

,

weexree~ptth

at Atianta l>eing those granted by

t\ pu the

blic corporatwt StatP, could no

SATU IWA y. SEPTEl\1 HER 24. 1887.

l-.113

lay out a road over State's property without a direct act from the General Assembly. The injunction was made perpetual, and is reported in 53d Georgia Report.
The buildings that were on the track or right-of-way of the Macon and Western Railroad were unsubstantial and were soon trheme loivneed~fntohneeMoaf ctohnemanadreVIl'eefst.er'nfhReapilrreosaedn. t buildings are not on
Testimony of l\h. ,John S. Martin, of Chattanooga, Tenn:
The available dt>pot property in Chattanooga, on Main street to Broad street, is worth $1,000 a front foot in lots of fifty feet front and two hundrt>d feet deep. The triangle lot is worth $10,000. For the purpose of a bank building, it is worth perhaps $40,000. A banker could well afford to pay that for it.
Testimony of ~h.. John A. Hart, ot Chattanooga. Tenn.:
The property is worth $400 per front foot on Ninth street anywhere. On l\larket street you can get a fancy price for a corner lot, then go one hundred and fifty feet down Market street and property is worth $250 per front foot. This, I would say, is a modest price for this property. 'fhe corner lot would bring $1,000 per front foot, and you could get $i.50 per front foot on Ninth street anyhow, beyond one hundred and fifty feet front on Market street would readily sell for $250 per front foot. 'l'hese are taken altogether very moderate prices.
Testimony of Mr. Samuel Reid, of Chattanooga, Tenn.:
Bate's property rented, is worth $9,000. The four rooms next to the passenger depot is worth $300 per month, or $:~,600 .per year.
As to this property (depot property), if Broad street is extended through to join Market street at the terminus of Broad street (100 feet wide), and Tenth ;;treet sixty feet, is extended into Broad, the property let loose for sale would be worth one million dollars at auction. This property, as it now stands, is in the way of the progress of Chattanooga. 'l'he freight depot ought to be moved out, leaving the passenger deJ?ot where it now stands.
On Broad street, between Eighth and Ninth street, it is valued at $6!)() per front foot with one hundred and sixteen feet back.

814

JouRNAL oF THE HousE.

ABSTRACTS.

NoTE.-'fhe letters" R. W." refer to a record in Comptroller's office called" Right of Way of Western and Atlanta Railroad."

Rmith Treadwell, grantor; Geo. W. Towns, Governor grantee

warranty deed, d recorded in boo!{

aRte. dWS.,epctoenmsibdeerra4,ti1o8n49$1M. uPrraarcyeclooufnltay~' donien

acre' 12th

district, 3d section of originally Cherokee, now Murray county

known as part of lot No. 39, commencing where east land line of

said lot crosseR the \Vestern and Atlantic Railroad in center of

main track, running thence south along land line 187 feet thence

parallel with railroad 138 feet, thence northerly 183 feet tl, center

of railroad, thence easterly 300 feet to starting point.

( leorge Cloud, grantor; (l-eo. W. Towns, Governor, grantee; war ranty deed, dated Reptemher 4, 1849, Murray county, two acres, recorded in Look H. \V., consideration $1. Tract of land in 12th district, aud 3d section of originally Cherokee, now Murray county, known as part of lot No. 40, commencing where west land line crosses the \Vestern and Atlantic Railroad in center of main line, running north on land line ~40 feet, then easterly parallel with railroad :3(;6 feet, thence southerly at right angles with railroad233 feet to center of railroad, thence continuing the same line 183 feet, thence online parallel with railroad westerly 280 feet, thence north 18i feet to place of beginning.
Uriah Phillips, grantor; H. V. Johnson, Governor, grantee; war ranty deecl, dated .J uue 1:2, 1850, Cass county, one acre, consideration :;;35. Parcel of land lying in 1.~ district, 3d section, originally Cass, now Uordon count~, known as part of lot No. 300, containing one acre.

Dalton City Company, grantor; Howell Cobb, Governor, grantee; warranty deed, dated .J ul,v ~H, 1852, 'Vhitfield county, city of Dalton,

one acre, considemtion :3:200. Parcels of land in city _of D!llton,

beginning on Routh line of depot lot \Vestern and Atlantw RaJroad1 one hundred and forty-~even (147) feet from southwest corner or said depot lot, running south 600 feet to right-of-way of s!!id r~,

thence northerly in a curve line to point of intersectwn w1th

south line of the aforesaid depot lot, thence next to place of be-

ginning. Also parcel of land in said city, bounded on north by

SOUth line of said depot lot, Oil east east line of saill depot lot, on south

by by

tGhoeredxotnensstiroenets, oounthw~Oftthbyef

right-of-way of tlw railroad. Also parcel of land so'!th s1de o

Gordon em;t line

street, of the

beginning at a depot lot south

pi notienrts ewcht se rteh et hs oeu tehx tleinnes wo fnGoorf dt~hne

street, thence south 100 feet, thence west to right-of-way of ra.ilt

road, thenee along right-of-way to south line of Gordon stree

thence east to the beginning.

No. 260. warranty

Hamilton deed, dated

YFoeubnrgu,agryra1n4tto~r,;

18S8t~a,teWohfitfGieeoldrgicao,ugnrtayn,teteeJ

acres, recorded in book R. W., cons1deratwn $20. A certain piece

8ATURDA Y, SEPTEIIIBER 24, 1887.

815

of land on the north side of and adjoining to the railroad on lot No. 117 in the 12th district, 3d section of originally Cherokee, now Whitfield county, Ga., twelve hundred (1,200) feet long and run-
ning back far enough to make ten acres.

No. 361. William Northcut, grantor; State of Georgia, grantee;

warranty deed, da.ted Septem.ber 1~, 1842, Cobb county, one a~re,

recorded in book R. W., consideratiOn $25. A tract, commencmg

on the dividing line, running north and south between lots Nos.

31 and 32 of the 20th district, 2nd section of originally Cherokee,

now. Cobb county, at the point where the southern line of the

strip ofland formerly !{ranted to the State for the way of \Vestern

and Atlantic Railroad intersects said line, and thence south in said

boundary line 115 feet to a corner stake. Thence running south 66

degrees east, parallel with the line of railroad two hundred and

ninty-one feet, to corner stake, thence running north 24 degrees

epiaesct ~

one .of

hundred and five feet to tlw southern boundary of the land formerly grunted to the State for right-of-way.

Thence north 6H degrees west, on said line 4B!l feet to first men-

tioned point, said tract being "one acre."

David Delk, grantor; Ueo. \V. Town,;, C<overnor, grantee ; war-
rantyd eed, dated April 3, 1850, :\Iurray county, two aeres, consideration $1. Tract of land, 1Bth district, 3d section of originally Cherokee, now Murray county, known e~s part of lot No. 131 ; commencing at a stake in center of the track of \Vestern and Atlantic
Railroad, running northwartl to a stakf' in center of said road 500
'l'o feet, taking strip on each side of said roa<l 200 feet wide, forming
a parallelogram of equal sides, and all its angles right angles. be u~erl as a depot square.

James E\'erett, grantor; J. E. BrO\vn, Ooverlor, grantee; war-

ranty deed, dated De<,ember 22, 185H, \Vhitfield county, lB acres,

consideration $13i. Parcel of land iu county of 'Vltitfield, known

as lot Xo. B.52 in the 12th distriet, 3d section of originally ('heroket>

county, containing 13 acres and HH rods.



Mark Thornton, grantor; George \V. Crawford, Governor, gran-

tee; warranty deed, dated October 22, 1846, Murray county eleveu

acres, consideration $1. 'l'raet of land, part of lot No. 219 'in 12th di~trict, 3d section of originally Cherokee, now Murray county,

bemg 91H feet north and south, 540 feet east and west the lines of

said tract being the lines of said lot, No. 219, running' from south-

west corner of lot :'olo. 219, 1,65.'i feet by cros;;ing north 40 degrees

erthos~sest'.,wtehsIettn~Icsienuernuodnfenrsisantiogdondtortarhtchat,t

H5 degrees 'east 120 'feet to it being eleven acres and the property conveyed is

a stake ou tifty-threp to be used

stl'!ctly for a depot square.

'

~sdartrit~oasRaltrk~nfr.ieitg!CbR!hAb'eetn,t~r;.de.am3,gnRdwgcegaaosl1oemren5~sns~0s.t1~eJW~Sfoyt.~eni,Iye~,ttdrhgdapol~stroaneawatr.1dnnt~,tatoh$onrdf1ear~a.;iltlo3ler.it'odUPlnaNafeeJe,dooruoec.rftnfegr2lefoer0roaBmo2if,W 2ml,rtlsoha1.acna8eied5dLdn0c,e,tsnowW etWomairsrkamo,taelhflkekeSrrnereuourclrpaynicndcenooogriefiuunnacnngtstohttetyyreennn,,rodle2<rryeratm8nhiootPl-thr-r-,.
erly parallel With the railroad 200 feet; thence running easterly, or"-

816

.JouR:\" \L oF THF. HoUSE.

at right angles with the railroad, 100 feet; thence running south-
erly parallel with the railroad 200 feet; thence westerly at right a~gles with the last mentioned line 100 feet to the place of beglnmng.

'r. H. Long (by his attorney in fact, Thomas R. Huson,) grantor; State of Georgia, grantee; warranty deed, dated November 24, 1843, Cobb county, four lots, consideration $1,000. Tracts of land in town of .Marietta Cobb county, Ga., known in the plan of said town as by the Xos. iO, 71, 82 and &'l, having such shapes, forms, metes and bound;; as will more properly appear from the plan or map of said town of Marietta. Also twenty-six feet of laud lying and being on the edge of the lots belonging to the said Stephen H. Long in the town of Marietta, situated on the west side of the Western and Atlanti< Railroad.
Absalom Hmith, grantor; State of Georgia, grantee; warranty deed, dated June 10, lil45, Cobb county, 160 acres, consideration $40. A traC't of land :;ituated in the 17th district of 2d section formerly Cherokee, now ('obh C'ounty, known and distinguished as lot Xo. il87.

H. M. and John('. Lawson, grantors; \Vm. M. \Vadley, Ruperin-

tendent of the \Vestern and Atlantic Railroad, grantee; warranty

deed, dated Oetober 8, lil5:!, Ctordon county, one acre, considera-

tion $1,:!00. Parcel of land Hituated in the county of Gordon,

Rtate of Oeorgia, known as lot No. 2, in the 21st section of the

town of Calhoun, said county, the same being 2.'!1 feet front by

150 feet back, together with all and severally thP improvementa

now made on said desC'rihPd lot.

~OTE.-'' I hereby relinquish all right and title whiC'h I have !n

lot No. 2, in the 21st section, in the town of Calhoun, comeyed m

the above deed, signed by my sons, H. M. and .John Lawson, on

account of any improvement;; whieh are now on said lot."

Attest:

[~igned]

\V~f. l\1. PEEPLEH, Clerk.

\VARHIXGTON LAWSON,

Edward I>enmead, grantor; \Vm. M. Wadley, t;uperintendent, grantee; warranty deed, dated August 11, 1852, C:obb co~mty1 threl' town lot;;, consideration $2,100. 'rracts of land m ~he c~ty or Marietta; a bloek of lots lying and being on the east side of t~e WeRtPrn and Atlantit' Railroad, consisting of three lots, known m the plan of the re-KUITey of town lots made by the Marietta depot
Association, aR lot,; Kos. Hl, 17 and 18, hounded afl follows: On the east hy New street, on the west hy Railroad avenue, on the
north by t>wnlots Nos. Ill and 20, on the south by the street runniJJg due west from the center of the court-house Kqnare.

Hardy Htrickland, executo1, grantor; Htate of Ueorgia, grantee i
warranty deed, dated August H, 1il51l, Whitfield <'OUHty, 15Ux50 feet, recorded in book R. \V., page 5, t'onsideration $25. A ~ertain parcel of land in Whitfield county, part lot 231l, 18th district,
Sd section, adjoining to and running west right-of-way Hi0x50feet.

N. P. Harbin, grantor; J. E. Brown, Governor, grantee; war:lanty deed, dated August 18, 1851l, Whitfield Pounty, sevt>nteen

SATURDAY, SEPTEMBER 24. 1887.

817

acres recorded in book R. ,V., consideration $200. Part lot 120,
13th 'district, 3d section, Whitfield county, being t~e no~heast corner northeast side of the Western and Atlantic Railroad, which'road bounds it on the southwest and west, seventeen acres,
No. 4:!5. T. K. Pursley, grantor; J. E. Brown, Governor, grantee;owarranty ~eed, dated Aygust ~5, 18~3, Catoosa county1 two acres recorded m book R. '" ., cons1deratwn $200. A parcel of land iving in the 28th district, 3d section, Catoosa county. Lot No. 239, containing two acres in the southwest corner of said lot on the Western and Atlantic Railroad, where the wood shed no~ stands.

John "'hite, grantor; Jos. E. Brown, Governor, grantee; war rantv deed, dated February 25, 1859, Cobb county, eight and one-fourth acres, recorded in book R. ,V., consideration $112.50. Eight and one-fourth aeres, a part of lot No. 353, in the lith district, 2d section, of originally Cherokee, now Cobb county.

City Council of Marietta, grantor; State of Georgia, grantee; warranty deed, dated January 7, 18.53; consideration $100. A tract of land situated on the east side of the railroad, running from the right-of-way east to the north and south line of Powder Spring street, being thirty feet wide, reserving to said City Council the use and occupation of said land as a public highway.

Jno. C. Aycock, grantor; E. Hubert, Superintendent, granteej warranty deed, dated l\Iay 13, 1869; consideration $650. A tract of land in the town of AdairsYille, fronting the Western and Atlantic
Railroad; front and rear lines being 1271 feet south of Jno. C. Aycoek's residence east of the "'estern and Atlantic Railroad, west of the public street of said town and north of E. Peters' property, containg three-fourths of an acre.

James F. Cooper, grantor; State of Georgia, grantee; warranty deed, dated December 6, 1R45; consideration $1. A portion of lot No. 231, of the 16th district, 3d section of originally Cherokee, now Cass county, containing three acres, bounded on the north by the line _which divides lots X o. 220 and 231, on the east by the eastern Side of Chestnut street, in the town of King~ton, on the south by the northern side of Fourth street and on the west by the western side of Spruce street.

No. 420. Harvey S. Crawford, grant~r; State of Georgia, grantee;

war~nty deed June 24, 1849; consideration $50. A certain strip of

land I.n ~ass county, 16th district, 3d contammg one and one-half acres.

section,

known

as

lot

No.

2221

No. 420. Thomas J. Smith, grantor; J. E. Brown, Governor,
trNwaonce.nete~~ty1ei,-if~imwvpeam2rh~r1tuatinhnodntydrefi:ds!dfettrelhidC~sn,.t,ddai3ntdedthsDeecectciooeunmn, btcyeoron4ftaC1ai8nt5oi8n~sgca,othnbsreiedeinergaactprieoasnrta$l4no8dt
W~tn ~itydCodmpany, grantor; Howell Cobb, Governor grantee. . 52Y ee , ated July 28, 1852; consideration $200. All those

818

JouRNAL oF THE HousE.

.tpoie-wceist:orBpeagricnenlisnogfolanntdheinstohuethciltiyneofoDf tahletopn;edseesnctrdibeepdotaslofotlolofWthB~ Western and Atlantic Railroad, at a point 147 feet from the southwest corner of said depot, running south 600 feet to the right-ofway of said road, thence along the said right-of-way northerly in
a curved line to the point of intersection with the south line of the
depot, thence ea;,;t to the place of beginning. Also all that piece of land in the city of Dalton bounded on the north by the south line of the aforesaid depot lot, on the south by Gordon street and on
the west by the right of said railroad. Also a piece of land in the
city of Dalton on the south side of Gordon street beginning at a point where the extension of the east line of the depot lot south intersects the north line of Gordon street, thence south 100 feet! thence west to the right-of-way; thence along said right-of-way~ the south of Gordon street; thence east to the beginning. This Dalton property to be used for railroad purposes only.

J. G. Scales, grantor; C. J. Jenkins, Governor, grantee; warranty deed, dated November 2, lfl66, Gordon county, recorded in book R. ,V., consideration $50. A certain parcel of land situated in Gordon county, Georgia, lying near the Western and Atlantic
Railroad, containing thirteen rods square, it being a part of lot No. 265, in 13th district, 3d section.

Luke ,V. Ginn, grantor; J. E. Brown, Governor, grantee; warranty deed, dated May 19, 1857, Cass county, five and a half acres,
recorded in book 11, consideration, $44. A certain parcel of land, five an'd a half acres, more or less, in southeast corner of lot No. 1216, of originally Cherokee, now Cass county, Ga.

Thomas S. Miller, grantor; H. V. Johnson, Governor, grantee;
warranty deed, dated October 25, 1885, Bartow county, one-half acre, recorded in book R. 'V., consideration, $1,300. Two certain
town lots in the town of Cartersville, county of Cass, State of Georgia, known as town lots Nos. 16 and 17, lying on the southwest side of the railroad, and within one lot of the west corner of the public square of said town, containing forty feet in front each,
and extending back two hundred feet.

Thomas Booker, sheriff, grantor; \Villiam Hardin, chief-engineer, grantee; warranty deed, dated October 7, 1851, Cass count~, recorded in book R. \V., consideration, $43. Depot situated m county of Cass, on 'Vestern and Atlantic Railroad, known. as Cassville depot and water station, about one aud one-half miles
south of Cassville.

John P. King, grantor; George W. Towns, Governor, grantee;

warranty deed, dated March 8, 1850, Cass county, tw~ acres,

recorded in book R. W., consideration, $1. Tract of land m 14th

district, 3d section of originally Cherokee, now Cass county, known as part of lots No. 206 and 20~1 con,tmencing a~ stake in

center of track of Western and Atlantic Railroad, runnmg northward to center of railroad 515, taking strip on both side~ of road



200 feet wide, forming a parallelogram of equal sides, right, angles to be used as depot square for Western

aanlldItAs talnagnlte1os

Railroad.

d ed

rhe premises to be used as a depot ground, and if aban on

for that purpose, to revert to said King or his assigns.

al]

JoHN P. KING [se

SA'l'URDA Y, SEPT-EMBER 24, 1887.

819

Lucy -Hargis, Thomas V. ~arris, William _H. Hargis, Cat!Iarine

J. J.

Barton, E. F. Hargis,

M. Gilreath Richard grantors; Charles J.

RJ.enHka_mrgsi,s,G0o.vePr.noHra, rggr:Iasntaen~d;.

warranty deed, dated October 10, 1866, Bartow col!nty, !hree and

one-half Tra<;t of

laancrdesi~

recorded county of

in book R. W., consideratiOn, $150. originally Cass, now Bartow, in the 5th

district and 3d section of said county, three and one-half acres

lying on south side of Western and Atlantic Railroad, commenc-

ing at line of Baker & Bros.' land, and running seventy rods par-

alell with the Western and Atlantic Railroad, and eight rods wide

where railroad shanties now stand, it being part of lot No. 126,

said district and section.

John Balenger, grantor; James M. Spurlock, Superintendent,

grantee, dated Febr'!-ary 9! 185i: Cobb county, ten acr_es, reeord~d

in"book R. W., consideratiOn $o0. Ten acres of land m 20th dis-

tmreicnt~isnegctaitonthe2,ceonrteorriogfiwnaaltleyr

Cherokee, now tank known as

Cobb county, comHarrison's Station1

running one-half acre each way from road, up and down the roaa

or along square.

To be used for railroad purposes, and agreed by the parties that

no grocery, house of merchandise or dwelling shall be erected

thereon.

Davis Burroughs, grantor; George \V. Crawford, Governor~
grantee; warranty deed, dated September 10, Hl45, Cass county, five acres, recorded in book R. \V., consideration, $125. Part of lot of land No. 220 in 16th district, and 3d section of originally
Cherokee, now Cass county, commencing at 336 feet from south-
west corner of aforementioned lot on south line running east, following said line 8i5 feet, and then leaving at right angles and running 180 feet to point thirty-three feet from center line of \Vestern and Atlantic Railroad, then continuing parallel 915 feet to
said line of said railroad, then running from thence to the starting point, containing five acres

Mathew McCalla., Berry McCalla, Chelsia McCalla, John Divers,
Susan Divers, formerly Susan Divers, and Clarinda Hargrove, formerly Clarinda McCalla., heirs of Thotlas G. McCalla, grantors;
George W. Towns, Governor, grantee; warranty deed, dated September 12, 1849, :\Iurray county, 250x300 feet, recorded in book R. W., consideration $1. Tract of land in 12th district and 3d section of origina-lly Cherokee, now :\Iurphy county, known as part of lot
No. 39, commencing where the east land-line of said lot crosses
the Western and Atlantic Railroa-d, running north on land-line 240 feet; thence westerly on line parallel with railroad 252 feet teence on a line southerly at right angles with line and railroad
233 feet to center of railroad; thence easterly 300 feet to the place of beginning.

:j! ~:Wi~isll,iaGmoBve. rWno.r,Dgernatnatnede;JawmarersaNnt.yCodrereyd,grdaantetodrsJulGyeo10rg, e18W48..
$50 county, ten acres, recorded in hook R. W., consideration,

~

en acres, 28th. district,

more or less, in and 3d section

town of Ringgold of lot No. 170, of originally Cherokee, now Wal

er county, for depot loti commencing at a point 159 feet on CO))I

ner north one degree ana ten minutes, east from point on east and

820

JouRNAJ, OF THE HousE.

west line separating lot No. 100, and 91-595 feet west of southeast corner of lot No. 170; from first point mentioned proceed north 80 degrees and 50 minutes west 500 feet; thence south 80 degreea allfl 50 minutes east 500 feet; thence south 1 degree and 10 minutes; thence west 800 feet: to be used for depot purposes.
James Mauer, grantor: State of Georgia. grantee; war~nty deed, dated January 1, 1852, Cobb county, eight acres, recorded in book R. \V., consideration 840. All that part of lot No. 892 of 17th district, 2rl section of originally Cherokee now Cobb county lying south of track of \Vestern nnd Atlantic Railroad, and in~ eluding fifty feet on north sid(c' of ~aid railroad, measuring from center of traek, containing eight Heres, more or less.
James Haggerty, grantor; State of Georgia, grantee; warranty deed, dated February 23, Hl-48, CoblJ county, forty acres, recorded in book R. \V., consideration, :350. Tract of land in the lith djstriet ot 2d seetion of originally Cherokee, now Cobb county, known b.v the X o. 83H, containing forty acres, more or less.

Josiah Cooper, grantor; Joseph E. Brown, Governor, grantee; warranty deed, dated October 20, lS5!!, Gordon county, six and a half acres, recorded in book H. \Y., consideration, $116.30, Tract of land in county of Gordon, being six and a half acres, more or
lesH, of lot So. 277 in Uth district, 3d section of originally Cherokee, then Cass, and now Gordon county. It is agreed that the
authorities of the 1oad give their employes free access to the springs near by.

Cooper, \Vyly & Co., grantors; State of Georgia, grantee; warranty deed, dated Heptember 13, 1850, Cass county, six acres,
recorded in book H. \V., consideration, 81,200. Tract of land in county of Casf:l, the site of the Etowah depot with land attached,
comprising land conveyed by A . .Milner and Edmond Puckett to Cooper, Stroup & Wiley, containing six acres, more or less.

\Villiam B. Butt, grantor; State of Georgia, grantee; warranty deed, dated March 2H, 1845, Coub county, WO acres, recorded in book R. \V., consideration, $200. 'fract of land known as No. 52 of 20th district and 2d section of formerly Cherokee, now Cobb county.

James F. Montgomery, grantor; State of Georgia, grantee;
warranty deed, dated August 5, 1S45, Cobb countyi 40 acres, recorded in book R. \V., consideration $40. Certain ot known 88 lot No. H49 of lith district, 2nd section of Cobb county, contain
ing forty acres, more or less.

\Vm. M. Elliott, Atlantic Railroad,

grantor; grantee;

Superintendent warranty deed,

of the dated

NWoveset~ebrneran~d

185~t. Cobb county, seven and one-tenth acres, recorded lD bood

It w. consideration $8.4o. Seven and one-tenth acres of Jan '

vart of lot No. 138, 22nd district, 2nd section, originally Cherokee,

now Cobb county, beginning at a rock corner near the wagon way

SATURDAY, SEPTEMBER 24, 1887.

821

crossing railroad at Big Shanty, running thence south 66 degrees

west 100 feet to stone corner, thence south 45 degrees, _!)ast 200 feet

back to stake on line of right-of-way, 182 feet south,\ 57 degrees

east and thence along line to the beginning.

;

The sale of liquors is strictly forbidden in this conveyance. The

property to be used exclusively for railroad purposes.

G. I. Carrie, grantor; J. \V. Lewis, Superintendent of the Western and Atlantic Railroad, grantee; warranty deed, dated November 2 1858, Cobb county, one and forty-eight hundredths acres,
recorded in book R. \V., consideration :'\8. One acre and fortyeight hundredths of an acre; a part of lot Xo. 138, 20th district,
-section, originally Cherokee, now Cobb county. The sale of liquors strictly prohibited in this conveyance. The
property to be used for railroad purposes only.

G. \V. Keith, grantor; State of Georgia, grantee; warranty deed, daterl February 14, 1849, consideration :3100. One acre of land on said railroad, part of lot Xo. 294 in the 12th district and 3d section of Murray county, said Rtate.
Used for wood house, well and wood yard, the balance of the acre of land of that now occupied by the house and well to be laid off and distinguished on south side of said house.
Joseph Brown, grantor; Robert Baugh, Superintendent \Vestern and Atlantic Railroad, grantee; warranty deed, dated February 6th, 1846, consideration :3:300. A part of lot No. 134 in 28th district and 3d section of Catoosa county, the line of said parrel of land beginning at a stake on the west side of the \Vestcrn and Atlantic Railroad, thence north with said railroad to a stake near the crossing, thence west and perpendicular to said railroad, three chains and fifty links to a stake, thence south and parallel with said railroad three chains and fifty links to a stake, thence south 12 degrees, west ten chains and sixty-one links to a stake on the bank of the branch, thence east six chains to the beginning corner, containing six aeres and twenty-two poles.

Mrs. Penelope Lumpkin, grantor; C. .T. Jenkins, Governor, grantee; warranty deed, dated X ovember 28, 1866, consideration $53. Parcel of land in 16th district, originally Cherokee, now Bartow county, containing one acre and nine rods, commencing at stake on \Vestern and Atlantic Railroad, south side of river and west 13 rods, thence north 13 rods, thence east 13 rods, thence south 13 rods, to place of beginning, being part of lot No. 80 in 16th district and 3rd section Bartow county.
Thomas H. Leake, grantor; State of Georgia, grantee; dated October 21, 1846; consideration gift. Parcel of land lying and being on ~es~rn and Atlantic Railroad, being a portion of lot No. 91, 5bth dtstriCt, 3rd section, originally Cherokee, now Cass county;
ounded, commencing at the center ot said road at or near where the road leading from Cassville to Burnt Hickory the railroad and eighty yards west of the railroad well, and running out southerly at r~diigsfh~tefeeat,ne,tg,tlthehseentnoceitnhaetanrriageilahrstoteaardnlygtoldeasir, edccirtsoitosasnnincaegnrodafiploarnoraealdlheaulnntdodrrseuadindnarinnadiglortonoaeda-
...nee of 248 feet, thence running in a westerly direction and

822

JouRNAL OF THE HousE.

parallel to the railroad to a distance of 480 feet, thence to the point of commencement, containing two (2) acres and the right-of-way.

Chapman Powell, grantor; State of Georgia, grantee; warranty' deed, dated May 19, 1857; consideration $40. One acre of land on the W eHtern and Atlantic Railroad, near the two mile post on
the head of the branch, eight rods wide and twenty rods fong' on the west side of said road, in 14th district, originally Henry. ~ow Fulton county, and part of No. 112.

Elisha King, grantor; State of Georgia, grantee; warranty deed ctated July 19, 1851; consideration :"475. Parcel of land lot No:
162 of 15th district and 3d section of originally Cherokee, now Cass county, containing seven and three-fourths acres, three acres of which is a donation.

\Villiam \Vatts, grautor; warranty deed, dated October 19,1846; consideration :;:1. Three and a quarter acres of land, part of lot 168, 15th district and 3d section, lying on Western and Atlautic Railroad. The peice on west side of said railroad commences 10 feet south of a certain house built for the State, runs north 810 feet, and is 75 feet wide ; also another piece, commencing at stake
center of \Vestern anct Atlantic Railroad, and runs at right angle to center line of said road 150 feet and then right angles to last
mentioned lines 576 feet, and thence at right angles to center of said railroad 150 feet. To hold said three and one-fourth acres for purposes 1-ltrictly connected \Vith the said railroad and essen-
tial to its useful operation.

Trustees Presbyterian Church at Marietta, grantors; Commissioners of \\'estern and Atlantic Railroad, grantees; warranty deed,
dated 1838; consideration ::roo. Tract of land in Cobb county,
known as part of lot 1158, in 16th district and 2nd section of the original county, (Cherokee), containing eight-tenths of an acre
commencing at east corner of said lot 11.58, thence west to black oak sapling, theucesoutheast to black oak, thence east to corner in said
lot, thence north to place of beginuing.

XoTE.-For obvious reasons the committee substitutes below' the entire copy deed in lieu of an abstract, and so also of the other Tennessee property.

STATE OF 'l'F~NNESSEE, } HAMIL'roN CouNTY.

Know all men IJy these presents: 'fhat we, Hew bert S. Moore and his wife, Temperance ~Ioore, for aud in considE'l'ation of the sum of five dollars to us paid by Charles J. Jenkins, Governor of
the State of Georgia, the receipt of which is hereby acknowledged, as well as for other considerations hereinafter expreHsed, have.
granted, bargained, sold and released unto the said Charles J. Jenkins, Governor of the ~tate of Georgia, the following tract or parcel of land, situate at Chickamauga depot, on the Western an~ Atlantic Railroad, in said eounty of Hamilton and said State o., Tennessee, ~;upposed to eontain three and a half (3~) acrestd.e-;

scribed as follows : Beginning at a corner

on

the

west

side

of

said

"~estern

. .and

I .At-

.

lantie Railroad, where the line between the land of the sa1d He~7,

SATURDAY, SEPTEMBER 24, 1887.

823

bert S. and Temperance Moore and the White land touches said

railroad thence south (60) yards alongsaidrailroad to anew made

corner; 'thence west on a line at right angles with said railroad

one hundred and fifteen yards (115) to a new made corner; thence

on a line parallel with said railroad to the said first mentioned

line between the said Hewbert S. and Temperance Moore and the

White lands to a new made corner where said lines cross each

coothmeer~

and from thence on the railroad, to

along said have and to

line to the hold unto

first mentioned the said Charles

J. Jenkins and his successors in office the said tract or parcel of

land forever. Xevertheless for the following uses and purposes

hereinafter set forth and declared. to wit: The said Charles J.

Jenkins and his successors in offi!'e are to hold the title to said

land for the use and benefit of the Western and Atlantic Rail-

road, to be used for depot and other railrmul purposes, and the

said Hewbert S. Moore and Temperance Moore will, and their

heirs, executors, administrators and assigns, ;,;hall unto the said

Charles J. Jenkins, Governor of the State of Georgia, and his

successors in office, warrant and defend the title to said parcel of

land so long as a depot on the \Yestern and Atlantic Bailroad is

kept up and maintained at the present Chi<'kamauga Station.

In witnes~ whereof the said Hewbert S. .:\foore and Temper-

ance Moore have hereunto set their hands and affixed their seals,

this the 2.fth day of September, A. D. 1H6ti.

H. S. MOORE, [L. S.]

T. MOORE, [L. s.]

By H. S. Moore.

Signed, sealed and delivered in presence of

Dw..JA. .EEr,LuLsI,S,

DEED FROM A. F. DUNLEVY TO E. HUI,BERT, SUPER..

IXTEXDEXT OF WESTERN AND ATLANTW RAILROAD.

Know. all men by these presents: That I, Andrew F. Dunlevy of the c1ty of Chattanooga, county of Hamilton State of Tennes~

see, for and in consideration of tlie sum of twelve hundred and

sixty and eighty-seven one hundredths dollars to me in hand paid, the receipt whereof is hereby acknowledg~d have this day released, remised and q nit-claim, and by these pres~nts do release

r~etmatiese(!fa

nd quit-claim Georgia, and

unto E. Hulbert, Superintendent of

otfheth\eVecsotuenrntyaonfdFAutlltaonn~'

oftiCfolHRl~ao~mwl1rmlo~atdop,1n,eacaelnl, ~pmaS!ytcaertilegohoftf,l?tr'inetdnlen,ienisnstheteeer,eetsiottygaeonthfdeCrchwlaaitittmhanaoinlolgaman,dyctoionuttnehtrye-

seC~~~1~t~,demhm\otVelfeens,"N~c~~mmnrgdnthacaltnsmtadrmepAeottto,ilnatathnntetwiyncceaenHntdawyi-aletrlswoltawoidmaf,erpdwertlohyvweewreemsitteihotnfttcshtrhtoehesessceroeseuonttnthhe,ertloiosnfowetuhitothe:f

Nmth street forty-two (42) feet, thence at right angles south-

w;aanatdrrddfl.y),~aortanlaelenhl.guwhnittdhraentgdhlee(.1afn0i<0rs);Jt.felpieant,reatlfhloeerlnt ywci-et~wehaost ht(w4e2a)sredfceloeynt,adtt, haoensneicgehhutnnaodnrrgtehlde-

ee to the place of begmnmg; and th1s deed is intended to con

824

JouRNAL oF THE HousF,

Bald vey, and does convey, unto said Hulburt, Superintendent etc.
all the interest. title and claim I may have had in and ~

property, or any portion thereof by virtue of a conveyance of said

property to me by .J. M. Blundell by deed of conveyance da~ September 29, 1868, and recorded in the offic~ of the Register and

Recorder of Hamilton county in book R, and pages 155 156 and

157, and no more, PI'Ovided, however, that J. M. Blundell who

now occupies a building on said premises as a dwelling house

shall have the pnvilege of remaining in said dwE>Iling house where

he now is living until the first day of January, 1869, and for which

use of said house said J. 1\I. Blundell is not to pay or be eharged

aught. vVitnE>ss my hand and seal, this 16th day of Xovember

1868.

A. F. DrNI.:KvY, [L. s.] '

DEED FROl\I R. S. FIXLEY TO STATE OF GEORGIA.

For and in consideration of having a depot of the western and

Atlantic Railroad established on my land, which I deem a full

equivalent, I do hereby bargain, sell and convey unto the State of

Georgia a certain piece or parcel ()f land lying in the county of

Hamilton, State of Tennessee, in the seventeenth civil district

and being part of the north half of the north weQt quarter of sec-

tiun sixteen in the sixth fractional township and third range west

of the basis line iu the Oeonee District, bounded and described as

follows, to wit: Beginning at a stone corner on the line of said half quarter-se-ction, running tlwnce ><outh 21 }0 t'a~t fl!)O f<>Pt to

another ,;toue- eornl'r, tllE'uee ><on 1h us:;c wt~t, crossiug the ruilroall

at 300 feet the same coursE', continued in all 500 feet to another

stone corner, thence north 2lt0 west 650 feet to another stone

corner, thence north 6fl~ 0 east, crossing said railroad at 200 feet, the

samE' cornE'r continnE'd in all 500 feet to the beginning, containing

seven and a half acres, more or less, and including the lanrllaid

oft for a depot. To have and to hold the same piece or parcel of

land with its appurtenances unto the State of Georgia forever. I

do for myself, my heirs and legal representatives covenant with

the StatE' of Georgia, in that I am lawfully seized of said land,

have a good right to conyey it, and that the same is unincum-

bered. I do in like mannE'r further covenant to warrant and de

tend the title of the same unto the State of Georgia and assigns

against the lawful claims of all persons whatever. In witness my

hand and seal, i1Lptemher the 20th, 1849. s.uwEr, S. FrNr,EY. [L. s.]

In presence of

c. P. B. l\IUNK,
BEXJ. MoRSE

SATURDAY, SEPTEMBER 24, 1887.

825

AN ORDINANCE

Granting to the State of Georgia the right-of-way for the Western

and Atlantic Railroad through the town of Chattanooga, and

for other purposes.

SECTION 1. Be it ordained by the Jtia,yor and Aldermen of the

1bwn of Chattanooga, That the width of Murray street, through-

out its entire length, shall be increased from sixty to one hundred

and twenty-six feet, bv taking equally from the lots on each side

of the same, and that the said street thus increased in width shall

extend from the southern boundary of the town in a direct line

and of uniform width to low-water mark on the south bank of

the Tennessee River, and that the name of the said street be

changed from Mulberry street to Railroad avenue, by which name

it shall hereafter be known and designated; Provided, that the

said street shall not be laid out on lots numbering 38, 48, 54, and

the south half of 58, on Chestnut street, and the north half of lot

numbered 37, and the north half of lot numbered 63, on Market

street, without the consent of the proprietors of said lots first

being obtained; and, provided further, no sheds or warehouses

shall, without farther authority, be constructed on that portion

of ground added to the street which is taken from lots numbered

84 36 and 42 on Chestnut street.

SEC. 2. Be it ordained, That the right-of-way for the Western

and Atlantic Railroad through and along said avenue be, and the

same is hereby granted to the State of Georgia forever, with the

sole and exclusive privilege of occupying the same for the con-

struction and accommodation of the said railroad, and such exca-

vations, stop-drains, embankments, sidelings, water stations, de-

pols, wart>hou;;:ps an<l other buildings as the engineer and com-

Jub~iouer~ thereof lllay dc,llt lll'<'l'~'<tl',Y ill <:OillH'diou \\ith "ttid

railroad; Provided, that the right herein granted shall be exer-

cised alone be the officers and agents of the State of Georgia in

conducting a legitimate business 0t' the road, and that no right or

privilege herein granted .shall be by the State of Georgia conferred

on individuals to be used m exercised for private or individual

ber!efit, or in the transaction of business not properly and neces-

sa:Jly C<nnected with the operation of constructing, repairing and

usmg the said railroad, and in conducting and facilitating its

business; and, provided further, that the eross streets shall not be

obstructed, nor shall the convenient and easy intercourse between

the railroad and lots on each side of it be obstructed otherwise than by th~ construction of platforms and side-sheds necessary

and usefulm the reception and discharge of freights intended to

pass between the road and such warehouses and other business

houses as may be erected on the lots.

Passed July :!1, 1840.

(~igned)

JAMES BERRY, Mayor.

W. J. MORROW, Recorder

826

JmiRNAL oF THE HousE.

APPENDIX.
" EXHIBIT A."
'lennessee 'laxes Paid by the Western and Atlantic Railroad Company.

i

3 -

-

DATE. ----

-

-

i i:Q
I ~~
- --

City Ch'ttanooga.
----

County, Hamilton
----

State, Tennessee
----

-

0
-Eo

-

1872. October

35:3 1,681 50:3

$

$ 1,681 50

" October

38

1873. l\Iay. . . . 119

750 00 10 00

750 00 10 00

" l\Iay.

12:~

230 50

230 50

" September. 70 1,8-!0 00

1,840 00

187-!. January.

8Ei 2, 716 41

2, 716 44

November. 49 3,691 03

3,691 03

1876. January .. 10

1,188 64 1,188 64

1877. September. ilO

245 73 245 73

" :"<ovember. 128 1,027 78

1,027 78

" December . 1261 .
1878. April. . . . 97

2,211 59 2,948 78

2,211 59 2,948 78

" September. 111

1,022 95 1,022 95

1879. January . . 88

1,720 00

1,720 00

" January . . 89 1,027 78

1,027 78

" December . 177 1,559 25

1,559 25

" December. 176

1,556 72

1,556 72

" December. 17.)
1R80. December . 167

2,122 88

283 04 283 04 2,122 88

" December . 108 2, il3 38

2,713 38

1881. October

168

2,213 95 2,213 95

""

October

16!1

4,732 46

November. 1H8 3,150 00

1882. November. 136 4,439 02

4,732 46 3,150 00 4,439 02

December . 92

4,410 7!l

4,410 79

December 119

1,493 88 1,493 88

1883. December . R7 3,283 16

3,283 16

December . 15!)

1,525 59 1,525 59

December . 216

20 00

20 00

1684. January.

9

4,948 03

4,948 03

January. 122

9 50

950

April.

187

2,375 00 2,375 00

November. 13S

4,848 .54

48,48 54

November. 176 2,482 00

2,482 00

December . 74 December . 246

716 69

1,52.5 59 1,525 59 716 69

18R5. 1887.

December 24 3,029 71

3,029 71

December . 55 December . 16!)

253 75 : : : : : I- 1,229 29

1,229 29 253 75

December . 203 January . 73

4,326. 081. 1,229 29

4,326 08 1,229 29

January.

- - 172 3, 732 52

3,732 52

1il

4,137 72 .

1,137 72

--------------

$37,594 51$38,733 09$14,332 95$90,660 55

SA'flJRDAY, SEPTKMBER 24, 1887.

827

" EXHIBIT B."

AN ACT

To authorize the State of Georgia to extend her \Vestern and Atlantic Railroad from the Georgia line to some point on the eastern margin of the Tennessee River.

SECTION 1. Be it enacted b.lJ the GPneral Assemb{y of the State of

e1g'eermoefssmee~kiTnhgatetvheeryStnaetceeossfaGryeorregcioagsnhizaallncbee

allowed the and survey

privilfor the

purpose of ascertaining the most eligihle route for the extension

of her Western and Atlantic Railroad from the Georgia line to

some point on the eastern margin of the Tennessee RiYer.

Sf;c. 2. Be it .furiher enacted, 'fhat as soon as said route and

point shall he ascertained the State of Georgia shall be allowed

the right-of-way for the extension and construction of her said

railroad from the Georgia line to the 'fennessee River, and that

she shall be entitled to all privileges, rights and imm.unities (ex-

cept the subscription on the part of Tennessee), and be subject to

the same restrictions, so fl.lf as they are applicable, as are granted,

made and prescribed for the benefit, government and direetion of

the Hiwassee Railroad Company.

SEC. 3. Be it .further enacted, That the foregoing rights and

privileges are conferred upon the State of Georgia on condition

that whenever application is made she will grant and concede

similar ones, and to as great an extent, to the State of Tennessee or her incorporated companies.

JOHN COCKE,
Speaker of the House of Representatives. TtJRRY H. CAROL,
Speaker of the Senate. Passed January 24, 1838.

"EXHIBIT C."

AN ACT

To incorporate the Hiwassee Railroad Company.

SECTIO:\' 1. Be i~.en_acted by the General AssemNy of the State of 7wne~.qe:, That\\ Ilham Park, et al., he, and are hereby appointed Co~n.usswners, under the direction of a majority of whom sub-

scr!ptwn~ may be received to the capital stock of the Hiwassee

Railroad C?mpany hereby incorporated, which Commissioners,

tboegceot~heerasWsiotc~mtseudchW.ioththtehrempe,rsthoenisr

ar; now are successors

or and

may hereafter assigns, shall

constitute a body corporate, and thev are hereby incorporated under the na~e aforesaid, and in that "name they shall have per-

a~dtp1.aenemtd~su,~w.asWndhl~ssil~tSulhtcnapcptooeoesstswss,~ewmasrnssc.,toasomnnhnsadai:lysaletknbesej~unoetsnyuaewaecnl~iedltshbtsbhyaeet-rhlysareuiwtgeoJsdha,,ttwsiopl,sreldpewioranifdeYalnlitalhcenoiegdrssed,sSebrrtaeuiannlteidgems aipaamnnlneddmdacduroteenhngdie--:

dneu~c~c\taemrc~goVtfah<de>u.aatnyft f;athuaes!ldopfltahscaeeidso.afCidaoCumoyrprad~nipryae;ncytao;n;rhdafolmlrbaneyocbraiy-paatthbteeleinrdinabnylca-elwawoo~sf

P chasing, acceptmg, sellmg, leasmg and conveying estates, real,

828

JOURXAL OF THE HOUSE.

pers~mal and mixed, to the end and for the purpose of faeilitatl

the mtercourse and transportation from Knox\'ille East Tenn: see, through the Hiwassee district to a point o~ the southern

boundary of Tennessee, to be designated by the Commissioner& hereinafter men~ioned as the most practical route to intersect the contemplated ratlmad from Augusta to 1\IemJ~his.

SEc. 2. Be if e11w:ted, That the capital stock of said Company

shall be six hundred thousand dollars, in shares of one hundred

each; which shares may be subscribed for by corporations or indi-

Yiduals; but so soon as four thousand shares are subscribed the

subscription shall be binding, aud the corporate powers of1said

Company, as herein granted, shall commence and have as full

operation as if the whole of the shares composing the capital

stock subscribed.

SEc. 3. Be it enacted, That if more than six thoutSand shares

shall be subsc~ribed to the capital stock, the Commissioners, or a

majority of them, shall rerluce the subscription to six thousaud

shares by striking off from the highest subscription in succession

in such manner that no subscription shall be reduced while one

remains largt>r, estimating by shans instead of dollars, and if

there shall be an excess, tht>n lots shall be drawn by the Commis

sionen; to dt>tt'rminE' who are excluded.

SEc. ~. Be it. enacted, That there shall be paid on each share

subscribed, but not until four thousand shares shall have been

subscribed, sneh sum as tlw President and Directors hereinafter

named, or a nwjority of them may direct, and in such install-

ments not exceeding one-fourth of the subscriptions in any one

yt>ar; Pi'(H'ided, X o payment shall be demanded until at least

thirty days' notice shall have been given by the said President

and Dit't>Ctors in the newi<papers printed in the towns of Knox-

Yillt> and Atlwn:'i, of the time and place of payment, and if any

subscriber ,.:hall fail or neg-lect to pay any installment or part of

said suhseripliou thus demandt>d, for thirty days ut>xt after the

time it fell due, the stock on which it was demanded, together

with tlw amount paid in, may, by the President and Direc~rs,

or a majority of them, be deelared forfeited, and after due nottce

shall be sold at auetion for the llenE'fit of the Company, or they

may waiYe thE' forft>iturt' after thirty days' dt>fault and sue the

stockholders for the iustnllmt>nts due, at their discretion.

SE('. 15. Be it owctrd, That if the subscription of four thousand

shares herein made necessary for the incorporation of said Com pany, ,;hall not be obtained by the first day of January, ~831l, the

same, and all subscriptions under it, shall bE' null and vo1d, upon the stoekholders paying to the Commissioners a sum, not exce~d

ing one dollar on each share, to defray the expensE's of opemng

the books.

HEc. 6. Be it enacted, That on the fourth day of July, 1836, the said Commissiont'rs shall cause books for the subscriptwn of s~oek to be opened in the towns of Knoxville, Tazewell, ~ogersv1lle,

Jonesboro, Greemille, Danbridge, Sevierville, Maryvtlle, Madl

sonville, Columbus, Philadelphia, Athens, Calhoun, Dallas,

vVashington Jaspt>r Pikeville and places as they may deem ad visible, the spaee of ten days, or until four

twKhhoiinucgshasntsohdnas,lhlaacnrodenstaointfusteuhceohpceaonpthfieo~~r

stock shall have been subscribed and as soon as it is ascertam

that or a

four thousand shares are subscribed, majority of them, shall giYe notice

btyheadsvaeirdtiCsoemr~menistsiionnetlh'le,

newspapers afo.rementioned, at least thirty days prevwus to th1

time and place that an election will be held for the election o

SATUJWAY, SEPTEMBER 24, 1887.

829

nine Directors to manage the affairs of said Company; and at

such time and place each stockholder may attend in person, or

vote by proxy for the Directors aforesaid, giving one vote for each

share of which he may be the owner, in that and all succeedin_g

elections and the Directors thus elected shall elect one of their body Pre~ident of th;e Board, w~o shall1 together wit~ the other Directors, continue m office until the first l\londay m Jan_u_ary

ensuing and until their successors are elected and duly quahtied.

Any three of the Commissioners may act as judges of the first

election, and none but stockholders shall be eligible as a President

or Director. SEc. i. Be it enacted, That to continue the succession of the

President and Directors of said company, nine Directors shall be

chosen annually on the fir;;t Monday in January, at such place as

the Board may designate by the stoekholders, and the Directors

shall have power to appoint judges of election. The President of

the Board shall be elected within three days after the Board is

organized. If any vacmlCy shall occur by death, resignation or

otherwise, the vacancy shall be filled by the Board, and the per-

sons thus appointed ;;hall hold their office until the next annual

election. All elections required to be made at a particular time

and place, if not then and there be made, may be made at any

other time or place by giving the usual notice of thirty days, and

the old officers shall continue to exercise their functions until

their successors are duly elected and qualified.

SEc. 8. Be it eno,cted, That a general meeting of the stockholders

shall be held annually at the time ami place appointed for the

election of President and Directors, at whieh time and place

it shall be the duty of the President and Directors in office to

exhibit a clear and detailed statement of the affairs of the com-

pany, and at such meetings a majority of the whole vote upon the

stock shall he required to remove an officer or to reverse the

decrees or acts of the Directors.

SEc. 9. Be it enacted, That every officer of said company shall,

previous to entering upon the duties of his office, take an oath or

affirmation faithfully to discharge his duty according to the provisions of this act.

SEc. 10. Be it enacted, 'l'hat if any of the six thousand shares

shall remain unsubscribed for after the organization of said com-

Eany, the Board of Directors shall have the power to open the

doayoks 1s

for.the sale notJCe of th

o e

f

~he b time

alan and

ce of t place,

he stock, and the

upon giving thirty subscribers of such

stock same

shall have all regulations of

the the

or irgi ghitns aalnsdhaprreihvoill edegre~s.

and

be

subject

to

the

SEc. 11. Be it enacted, That said President and Directors shall

have power to appoint a cashier and all such officers, engineers, ~ents or servants whatsoever deemed necessary for the transac-

tion of the business of the company, and may remove any of them at P.leasure; ~!lay fix the salary or compensation of such cashier, engme~rs, officer~ or servants in the employ of said company, and

detemune by their by-laws the manner of adjusting and settling

all. accounts against the company, and also the manner, effect and

e8tihvoSaindlEl,ecn~?,tce1e~2fho.oaulfBlntedraan1.m.ntdsesfmuneafrfaciofyC~fJdbse,etnotlTcafkwhoraifntuthlisfefaotiphrduetcrhcopeaompsPpiertasaenlsoyifsd.tteohnciskt aaoncfdtsoaDfidiirnceccootmorprpsoa,rnoayr-

!~~br!ty of t~1~m, from time to time, to increase said capital

cap1tal

'5 an add1hon of shares to any shall not exceed one million

amount so that the whole five hundred thousand dol-

830

JouRXAL oF THE Hou.sE.

lnaorts~1cfeo~m w~hhiec

h they m
mann~r

ay he

ca;use subs rembefore

cription to prescribed

be received, givi.
, the purchasers ol

whtch Will stand m the same relation to the company as the

original stockholders.

SEc. 13. Be it enacted, That the President and Directors of safd

company shall be, and they are hereby vested with all the poweia

and rights necessary for the building, constructing and keeping in

repair of a railroad from Knoxville, East Tennessee through the

Hiwassee District to a point on the southern boundai-y of Tennee-

see, on the nearest, hest and most practicable route.

The said road shall have as many tracks as may be deemed nee-

essary by the Board of Directors, but shall not be more than two

hundred feet wide, to which width the company may purchase

and cause the same to be condemned for the use of the said road

or any less breadth, at the discretion of the Directory, and the;!

may cause to be made, or contract with others for making of said

road, or any part thereof, and they or their agents, or those wiih

whom they may contract for making any part of said road, may

enter upon, use and excavate any land which may be laid out for

the site. of said road, or the er~ction of wareho~ses, engine-arbors,

reservmrs, booths, stables, offices and mechamcs' shops, or other

works necessary or useful in the construction, of repair thereof or

its works.

'l'hcy may fix scales and weights, build bridges, lay rails, make

embankments and excavations, and may usc any earth, ground,

rock, timber or material which may be wanted for the construc-

tion and repair of any part of said road, and may construct and

may acquire all necessary steam engines, cars, wagons and carri

ages for transportation on said road by horse or steam power, I)Jld

all necessary apparatus appertaining to the same.

R.Ec. 14. Be it fmacted, That wheneYer it shall become necessary

after said road is laid out, to subjeet the land of individuals over

whieh said road is laid out to the use of said company, and if the

right of soil of the owner cannot be had by gift or purchase,

it shall be lawful for the President and Directors, their agents,

eontraetors, laborers and serYants to enter upon such lands and

proceed in the opening and constructing of said railroad through

tile same; the pendency of any proceeding in court, or before

arbitrators, assessors or valuers, to estimate the damages that will

be sustained by the owner or proprietor of said land by reason of

opl'ning said road shall in 110 manner hinder or delay the progress

of said work, and no order shall be made, nor any injunction or

SU]Jersedeas be awarded by any judge or court to hinder or delay

the progress of said work, the true intent of this act being that all injury that may be done to any land wi~hout the consent. of

the owners or proprietors thereof, by openmg and constructing

the railroad through the same, over and above the advantages of

the road to the owners or proprietors of the lands, shall be fully

and completely compensated for damages, when ascertained,. 80.

that a work of great public utility may not be delayed by lawsuits.

SEC. 15. Be it enacted, That the President and Directors of said

Company, their officers, servants and agents1 shall have full power and authority to enter upon all lands ana tenements through

which they may judge it necessary to the same accordihg to their pleasure,

smo atkheatsanieditrhoeard,thaenddwlealyllonu~t

bouse, yard, garden nor curtilage be invaded without consent o

the owner value of th

ethlaenredo, f~nadntdheifotwhneeCr owmilpl annoyt

cannot convey

agree as it in fee,

to the
ei=rJ

party may apply to the Circuit Court of the county where the

SATU~DAY, SEPTEllfBER 24, 1887.

831

land lies by giving ftve.days' notice, if the owner of the land resides

in the county and twenty days' notice if he resides in any other

county in th'is State, and by advertising in some newspaper

J>rinted in Knoxville, Athens or Madisonvi~le, if he r~si?es out of

athsseesSsttahtee'

or be value

a an

body corporat d condemn th

e, e

to appo land for

mt commiSSIOners to
the use of said road i

and the court shall appoint five disinterested freeholders of saia.

county and who shall be sworn or affirmed justly and impartially to valu~ the lands, who shall ascertain what damage the owner

will sustain if any, by the location of said road over his land, al-

ways taking into consideration the benefit the road may be to the

owner and the tendency said road will have to enhance the value

of the1land and said five freeholders, any three of whom concur-

ring shall ;eport to said court as soon as practicable the damages, if a~y, and if none are sustained, they shall report the fact, which

report, if unexcepted to, shall b~ re~orded, and if any damages are

aiJsessed the money shall be pa1d mto the County Court by the

Company. The fee simple of land so valued as aforesaid shall

vest in said Company; and the description of the land and there-

port of the Commissioners shall be made a matter of record, and

when registered shall have the effect of a deed of conveyance in

fee simple to the Company; Pmvided, however, That when infants

or persons of non-campo.~ are owners of the land, the guardian

shall be notified of said proceedings in court, and if there be no

regular guardian, said court shall appoint some person well quali-

fied to defend and protect the interest of such infant or non-sane

person.

SEc. 16. Be it enacted, That the President and Directors for the

purpose of making said road or repairing the same after it shall

have been made, shall be at liberty, by themselves or agents, to

enter upon any adjacent land, and cut, quarry, dig, take and carry

away therefrom any timber, stone, gravel or earth which may be

necessary; Ptovided, They shall not, without the consent of the

owner, cut down any fruit tree or trees preserved in any enclo-

sure for shade or ornament, or take away any materials constitut-

ing any part of a fence for building-for all which materials, under

the authority of this Act and for all incidental injuries don<> to

ground, wood, enclosure, or crops in carrying them away, the said

ComP.any shall make to the owner a reasonable compc'nsation;

and If the parties cannot agree upon the price, it shall be ascer-

tained by three impartial freeholders to be appointed by a justice

of t?e peace at the application of either party, the opposite party

havmg three days of the application to the justice. The three

free~olders shall be sworn to do impartial justice between the

parties; their award shall be returned to the justice and shall

stan? as an award made by order of the Court upon the rights of

part!es, upon which the justice may enter judgment and issue ex-

ecut~on if W:ithin his jurisdiction; if over he shall certify the pro-

ceedmgs as mother cases to the next Court, to be proceeded up as

an award made by order of said Court; Ptovided, either party may

have the pr?ceedings corrected by certiorari and not by appeal ; if

the proccedmgs be quashed, the Court may appoint other valuers

and cause justice to be done as contemplated before and by order

of the Court q!lashing said proceedings.

SEc. 17. Bet! enacted, Tba! should said railroad pass over vacant .

afd unappropriated lapds, said company shall have exclusive right

o entermg the land over which said road may be laid out not ex-

ceeding two hundred feet in breadth, until the first day of January

1839, and the entry-taker of the district or county through which

832

JouRNAL oF THE HousE.

said road may be laid out shall not receive any entry with_in that

period for the benefit o( any other person or persons than said

Company under the penalty of five thousand dollars, to be recov-

ered by action of debt in any court having cognizance thereof at

the suit of said corporation; PrO'vided, said Company shall notify

the entry-takers of the different counties through which said road

may pass of the route thereof.

SEc. 18. Be it enacted, That said railroad Company shall hav&

power to acquire and own, as common stock of said company lands near and connected with said road, on which to erect wa~

houses, b?otbs, _arbors, stables, rt;serv_oi~s, ete., _for the purpose of

constructmg said road and keepmg It m repair, and for the con-

venience of transportation and places of deposit, which improve-

ments they nre hereby authorized to construct. If the Company

cannot agree with the owner,; of the land necessary for the abov&

purpose, they may have it condemned in the same manner as th&

land over whic:>h the road is laid out may be condemned hy the 15th

section of this Act; l't'OPided, that no more than five acres shall

be taken at any one place, except by agreement with the owners.

SEc. Hl. Re it enacted, That the whole stock and property of

said company, real, personal and mixed, and the issues, profits and

proceeds thereof shall be holden in law, and are hereby declared

to be personal property, and the same shall be governed by th&

rules and law:,; governing personal property in all cases, and th&

said property, and the profit arising therefrom, shall be vested in

the respective shareholders, their heirs and executors, administra-

tors and assigns, in the proportion of their respective shares.

SEc. 20. Be it enacted, That whenever it shall become necessary

in the construction of said road to cross or intersect any public

road now or hereafter established by law, it shall be the duty of

said Company so to construct said road as not to impede the p88-

sage of transportation of persons or property along the same.

SEc. 21. Be it enacted, 'l'hat when it shall be necessary to pas&

through the improved land of any individual, it shall be the duty

of said company to provide such individual with a proper and suit-

able wagon-way across said road from one part of his or her land

to the other if the same Hhall be required by said owner at the

time and route of said railroad (is) determined on; but the owner

of such land may at any time after said road shall be opened and

completed construct and make such wagon-way across the sameat

his or her own expense, under the supervision and direction of

said company.

.

SEc. 22. Be it enacted, That if said Company shall not begm ~h&

railroad contemplated by this Act, or contract for the constructiOn

of some part thereof, on or before the first day of January, 1838,

and complete the same on or before the first day (of) Janu~ryl

1844, the interest of said company in said road shall be forfeitell

and cease, and also all right to take soil.

.

SEc. 23. Be it enacted, '!'hat as soon as any section of five mtles

of said road shall he completed, the President and Directors may

transport all persons, produce and commodities, such pe~on or
persons, or owners of such produce or commodities first paymg}n

said Company or their agent the toll that may be demanded ,or

that purpose. The capital stock of said company shall be forever

exempt from taxation, and all other .property of every .desci;i.si

tion situated within this State, including the road and ralis, sh

be exempt from taxation for and during the period of twenty

years from the completion of said road, and no longer.
SEc. 24. Be it enacted, That when said railroad shall be com-

SATURDAY, SEPTEl\IBER 24, 1887.

833

pleted or any five miles thereof, the Pre:sident and Directors shall,

on the' first Monday in January and July in each and every year,

declare and make such dividends of net profits or the tolls herein

gr~~onted as may be advisable to be divided among the proprietors.

SEC. 25. Be it enacted, That if any person shall willfully injure,

impair or destroy any part of said road constructed under this act,

or any of the necessary work, buildings, machines, wagons, cars,

booths, reservoirs, bridges or viaducts, such persons shall be

subject to indictment, and on conviction shall be fined and

imprisoned at the discretion of the court and jury, and shall more-

over be liable to an action of damages at the suit of said company

in any court having cognizance thereof.

.

SEc. 26. Be it enacted, That said company shall be authorized to charge the following tolls, to-wit: for. every passenger with not

exceeding one hundred pounds of baggage not exceeding six cents

per mile; for every one hundred pounds of goods, wares, mer-

chandise, or produce and commodities of every description, not

exceeding one-half cent per mile on heavy articles and ten cents

per cubic foot on articles of measurement.

SEc. 27. Be it enacted, 1'hat full right and privilege is hereby

reserved to the citizens of the State or any company hereafter
to be incorporated nuder the authority of this State to connect

with the road hereby provided for any other railroad or public

improvement, Provided, no injury is done to the works made and

cthreaatttehdebsyasmaeidschoamll pnaontyinhteerrefberyeinwciotrhpothraetepdr;ivailnedg,ePs rhoevriediendb,eaflosro~

granted.

SEc. 28. Be it enacted, That if an amount of stock should not

be subscribed sufficient to complete the whole work from Knox-

ville to the southern boundary line of the State, as contemplated

by this art, or if a majority of the Board of Directors should deem

it advisable or expedient to begin the work at some point on

Big Tennessee River, and should complete the road from such

point to the southern boundary line of the State of 'fennessee the

work may be considered as completed, anything in this act th the

contrary notwithstanding, but the Board of Directors may in

their discretion, continue said road to Knoxville should they

begin the work at some other point.

ErnRAIJ\I H. FoSTER,

Speaker House Representatives.

JOKATHAN \VEBSTER1
Speaker Senate.

53

834

JouRNAL OF THE HousE.

" EXHIBIT D."

AX ACT

Conferring upon the State of Georgia additional rights in relation to the \Vestem 'and Atlantic Railroad.

Be it enacted by the Ge~1eral Assembly of the State of 1ennessee That all the rights, privileges and immunities with the sam~ restrictions which are given and granted to the Nashville and

Chattanooga Railroad Company by the act of the General Assem-

bly_of this State incorporating ~a.id company, passed December 11, 18clo, are, so far a~ they ar; alJ~hcable, hereby given to and conferred upon the 1:-itate of c~eorgm, to be enjoyed and exercised by

that State in the construction of that part of the \Vestern and

Atlantic Railroad lying in Hamilton county, Tennessee, and in

the management of its business.

F. BrcHAXAx,

Speaker House Representatives.

J. :\I. AXDERSON,

Passed February 3, 18cl8.

Speaker Senate.

" EXHIBIT E."
AX ACT
To incorporate the X ashville and Chattanooga Railroad Company.
SECTION 1. Be it enacted 1Jy the Genaal Assembly of the State oj 1'ennes8ee, That for the purpose of establishing a communication by railroad between Nashville and Chattanooga, the formation of a company is hereby authorized, which, when formed, shall be a body corporate by the name a11<l style of "The Xashville and Chattanooga Railroad Compan~," and by said corporate name shall be capable in law to buy, receive by gift, hold, sell and convey real and personal estate, as hereinafter provided, 111ake contracts, sue and be sued, to make by-laws and to do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which it is incorporated, and to have and usc a common seal, and the same to alter and destroy at its pleasure, and shall have perpetual succession of members.
SEc:. 2. Books open. SEc:. 3. Subscription for stock. SEc:. 4. Money to be deposited in bank SEc:. 5. Power to keep open books. SEc:. 6. Reduction of shares. SEC:. 7. Provisions for return of money to shareholders. SEc. 8. Election of directors. SEC. 9. Stockholders meet at Nashville. SEc. 10. Vacancies. SEC. 11. Contracts of President binding. SEc:. 12. Of the directors. SEc. 13. After the route of such railroad shall have been actually: surveyed and adopted, and a plat thereof deposited in the officeroadot the Secretary of State, it shall not be lawful for any other rail to be built, cut or constructed in any way or manner, or by 8111

SATURDAY, SEPTEMBER 24, 1887.

835

arouuthteorsoityadwohpatetedv, eurr'tlreussnnbiynsgaliadtceroamlplya~wyi,thoinr

twenty miles of the .with the consent of

the Board of Directors thereof for the time bemg. . . SEc. 14. The said Company shall have the exclusive r~ght of
transportation or c~nve:y:ance of persons, goods, merchandi~e and

produce over the smd railroad by them to be constructed, Pro-

vided That the charge of transportation or conveyance shall not

exceed thirty-five cents per hundred pounds on havy artcles,

and ten cents per cubic foot on articles of measurement for every

hundred miles and five cents a mile for every passenge; and, provided also, 'That the said Company ma;y, when th~y see fit,

farm out their rights of transportatiOn on said road, subJect to the

rates abo\e mentioned.

SEC. 15. Installments.

SEC. 16. 'fransfer.

SEc. 1i. Increase of stock.

SEc. 18. Annual report.

SEc. 19. Qnalitications of officers.

SEe. 20. l\Ianner of voting.

SEc. 21. The said Company may purchase, have and hold in

fee, or for a term of years, any lands, tenements or hereditments

which may be necessary for said road or appurtenances thereof,

or for the erection of depositories, storehouses, houses for the

officers, servants or agents of the Company, or for workshops or

foundries to be used for the said Company, or for procuring tim-

ber, stones or other material necessary for _he construction of the

road or its appurtenances, or for affecting transportation thereon.

SEC. 22. The said Company shall have the right, when neces-

sary, to construct the said road or any branch thereof, across or

along any public road or water-course; P!'Ovided, That the said

road and the navigation of such water-course shall not be thereby

obstructed; and Provided further, That such railroad shall not

be located so near any turnpike road as to injure or prejudice the

interests of the stockhohlers in such turnpike road, except upon

such terms as may be agreed upon by the President and Directors

of the same on behalf of the stockholders.

SEC. 23. That said Company may purchase, have and hold any

bridge or turnpike road over which it may be necessary to cany

the said railroad ; and when such purchase is made to hold the sai~ bridge or turnpike road on the same terms and with all rights

wh!ch belong to the individual, individuals or corporation from

which purchase may be made; Provided, That the said Company

shall not obstruct any public road without constructing another

as convenient as may be.

SEc. 24. Right-of-way. . SEc. ~5. In the absence of any contract with the said Company

I? relatiOn to the lands through which the said road may pass, Signed b,v the own~r thereof or by his agent or any claimant or

person !n possessiOn thereof, which may be confirmed by the

owner, It shall be presumed that the land upon which the said

road may be constructed, together with a space of one hundred

ft~ehveeteCoongmoeoapdcanhr,ivsgihdbteyaotnhfdetht!ei~tlWceneetnrhtetehrreetrooefo, sfaa,niaddnsdrho

ad has been granted to the said Company shallall have, hold and enjoy

~e~saamnde

as no

l~oonnggears,

the same be unless the

used only for the purposes of the person or persons owning the said

an at ~he ttme that part of the road which may be on said land

was fimshed, or those claiming under him, her, or them shall

apply for an assessment for the value of said lands, as hereinbefore

836

JouR~AL oF THE HousE.

dir~cted, withi_n five years ~ext after that part of said road was
fimshed ; and m case the sa1d owner or owners or those claiming under him, her or them shall not apply for such' assessment within five years next after the said part ~as finished, be, she or they shall be forever barred from recovenng the said land or having any assessment or compensation therefor; Provided nothing herein contained shall effect the right of fems covert ~r infants until two years after the removal of their respective disabilities.
i--JEc. 26. If any person shall intrude upon the said railroad, or
any part thereof by any manner of use thereof, or of the rights and privileges connected therewith without the permission or
contrary to the will of the Company, he, she or they shall"forthwith forfeit to the said Company all the vehicles that may" be so intruded on said road, and the same may he recovered by suit at law, and the person or persons so intruding may also be 'indicted for misdemeanor, and upon conviction fined and imprisoned by the court of competent jurisdiction.
SEc. 2i. If any person shall willfully and maliciously destroy or in any manner hurt, damage or obstruct the said railroad, or any bridge, or any vcllicle used for or in the transportation thereon, such person or persons so offending shall be lia!Jle to be indicted therefor, and on conviction shall be imprisoned not more than
six, nor less than one month, and pay a tine not less than twenty dollars, and shall be furtlwr liable to p9.y all the expenses of repair-
mg the same; and it shall not be competent for any person so offending against the provisions of this clause to defend himself by pleading or giving in evidence that he was the owner, or agent, or servant of the owner of the land where such destruction, hurt,
damage, injury, or obstruction was done or caused at the time the san1e was caused or done.
SEc. 28. Every obstruction to the safe and free passage to vehicles on said road shall be deemed a public nuisance, and may be abated as such by an officer, agent or servant of the Company, and the person causing sueh obstruction may be indicted and punished for erecting a public nuisance.
SEc. 29. The said Company shall have the right to take at the storehouses they may t>stablish or annex to their railroad, all
goods, wares, merchandise and produce intended for transportation, prescribed by the rules of priority, and charge and receive such just and reasonable compensation for storage as they, by rules, may establish, or as may !Je fixed by agreement with the
owner, which may be distinct from the rates of transportation; Provided, the said Company shall not charge or receive storage
on goods, wares, merchandise or produce which may be delivered to them at their regular depositories for immediate transpohati?n, and which the Company may have the power of transportmg
immediately.
SEc. 30. Dividends. SEC. 31. Banking and insurance. SEC. 32. "Whenever, in the construction of said road, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the Company to construct said road across such established road or way so as not to impede the passage or. trans
portation of persons or property along the same; or where It shallll be necessary to pass through the land of any individual, it sha be their duty to provide for such individual a proper wagon-way or ways across said road from one part of his land t? ~he other.
SEc. 33. The said Company shall possess such additional powers

SATURDAY, SEPTEMBER 24, 1887.

837

as may be convenient for the due and successful executio~I of- ~he

powers granted in this charter and for the successful constructi!)O

and management of the work.

. ..

SEc. 34. This charter shall be amendable fr?m time to time by

the Legislature wheneYer the President and Directors shall unan-

imously petition for amendments; specifying in the petition the

nature of such amendments; and when 8u.ch amendmen!s shall be adopted by the Legislature and submitted to the Duectory
and be accepted and adopted unanimously by the President and Directors, they shall be obligatory on the stockholders, and not

otherwise. SEc. 35. Exemption officers.

SEC. 36. Power to buy slaves. SEC. 37. Power to collect and distribute. SEc. 38. The capital stock of said Company shall be foreYer ex-

empt from taxation, and the road, with all its fixtures and appur-

w tenances including work-shops, warehouses and vehicles or trans-
portatiOI;, shall exempt from taxation for the period of twenty
years from the completion of the road, and no longer. SEc. 39. The railroad authorized by this act shall be com-

menced within three years after the passage of this act, and shall

be finished within six years thereafter; otherwise the charter

hereby granted shall be Yoid.

" EXHIBIT F."

In consideration of the rights acquired by the IVestern and At-

lantic Railroad Company by the passage of an ordinance No. :.!78,

passed .January 28, 1879, by the Mayor and Alderman of the city

of Chattanooga, Tennessee, entitled an ordinance to repeal an or-

dinance, No. :25S, pas:;ed June IS, ISiS, entitled "An ordinance for

use of Raiload avenue south of Xi nth street bv the 'Vestern and

Atlantie Railroad Company, in conjunction wi"th the }layor and

Aldermen of the city of Chattanooga, 'l'ennessee, and for other

purposes" and to revive ordinance No. 21)6, passed .June 4, 1R78, entitled 1An ordinance to close up, abandon and abolish as a street

all of that part of Hailroad avenue which lies south of the south

side of Xinth street, and for other purposes, and to re-enact the

same." The said 'Vestern and Atlantic Railroad Company

hereby dismisses a suit now pending in the Chancery Court at

Chattanooga, Tennes~ee, No. 1221, styled "The ~:-\tate of Georgia

for the use of the Western and Atlantic Railroad Company vs.

The Mayor and Aldermen of the city of Chaltanooga, Tennessee, a1~d others," at its own costs, and hereby covenants and agrees

With the said, "The .Mayor and Aldermen of the city of Chatta-

~ooga, Tennessee," not to begin any new suit or suits as"to said

right of wa;y for Georgia avenue as a street in said city from Griffin,

or.as sometimes called Tenth street, to Market street, so long as ~I~ Mayor and Aldermen shall not disturb said Railroad Company m Itsyeace~ble use and possession of and occupation of that part

oNf.msathidstRrea~itl,roinadsaaidvecniutye

which lies south of the south side of of Chattanooga, 'l'ennessee, for the pur-

aose of layu;g tra_cks and use of the same, closed up and aban-

oned by said ordmance No. 25o, passed June 4 1878 herein before

referred to.

''

In testimony whereof I, Joseph E. Brown President of said Western and Atlantic Railroad Company, hav'e hereto sigmd the

838

JouRNAL OF THE HousE.

name of said Company by myself as its President, and have caused the corporate seal to be hereunto affixed by the Secretary of said Company, its lawful custodian. Done at the office of said Company in Atlanta, Georgia, this 28th day of January, 18i9.
THE WESTERN AI'\D ATiu\N'l'IC RAILROAD COMPANY.
By Jeseph E. Brown, President.
W. C. MORRILL,
Secretary Western and Atlantic Railroad Company. [\Vestern and Atlantic Railroad Company, Incorporated by the
State of Georgia, Decernber 27th, 1870.]

STATE OF GEORGIA,

}

CocxTY oF FrLTON.

Personally appeared before me, C. F. \Vatson, a Xotary Public of said county, the within-named bargainers, with whom I am acquainted, with the corpomte seal of said, the \Vestern and At-

lantic Railroad Company hereto attached and hereon impressed, with >Yhich I am personally acquainteu, and who acknowledge

that they executed the foregoing instrument for the purposes therein contained.
\Vitness my hand and seal of office, at office in the city of At-

lanta, in said eounty and State, this 2Hth day of January, 18i9.
c. F. \YATSOX, N. P.
[C. F. \Vatson, Xotary Publie, Eulton County, Georgia.]

STATE OF TENNESSEE, }
HA3IILTOX COl.'XTY.

The aboYe deed and certificate were filed 2Sth day of February,

11179. at il p. m. Entered in note book X o. 2, page UO, and re-

corderl in Book F., Yolume 2, pages 644 and 64ii.

\Vitness my hand at office in Chattanoog:a.



H. C. BE:'K, Register.

STATE OF TEXXESSEE1 }
HA:'IIILTOX CoUXTY.
I, H. C. Beck, Register for said county and in said State, do hereby certify that the foregoing 2 pages and lG lineH is a true, full, perfect and correct copy of the agreement by the \Yestern and AtIantie Railroad Company with the city of Chattanooga, dated the 28th day of January, 187H, together with certificates of proba.te and registration, as the same remains. of record in my office m Book F, YOl. 2, pages uH and 64;).
\Vitness my hand at office in Chattanooga. H. C. BECK, Register.

"EXHIBIT F."
The \Vestern and Atlantic Railroad Company hereby puts .the Mayor and Aldermen of the city of Chattanooga, Ten~essc>e, mto possession and agree to keep it in the peaceable and quret use, oc cupation and enjoyment of a tract of land in said crty, bounded north by Griffin (sometimes called Tenth) street, e!ist a~d south by Georgia avenue, and west by Market street, bemg trrangular in shape, from this date to the 27th clay of December, 1890, upon the condition precedent that said Mayor and Aldermen shall from time to time, as the same falls due, pay an annual rental to the said Company of five dollars, and shall also pay all taxes lawfully

SATURDAY, SEPTEMBER 24, 1887.

839

assessed and levied on said tract of land during said term, and shall on failure so to do, and at the e~d of said term peaceably surrender and yield up possession of sa1d tract of land. And the said Mayor and Aldermen of the city of Chattanooga, Tennessee, hereby covenants and agrees to pay the said rental and taxes as the same falls due and in default and at the end of said lease to yield up the posse~sion of said tract of land to said Western and
Atlantic Railroad Company. In testimony whereof, the said \Vestern and Atlantic Railroad
Company has hereto signed its name by its President, and has caused its corporate seal to be hereto affixed at the city of Atlanta, Georgia. And the Mayor and Aldermen of the city of Chattanooga, 'fennessee, by its Mayor and City Auditor, has hereto signed its name, and has caused its corporate seal to be hereto affixed, at Chattanooga, Tennessee, this the 28th day of January,
1879.
THE \VESTER=" AKD ~-\TI~AXTIC HAILROAD CO:\fPANY, By Joseph E. Brown, President.
W. C. )IORRIJ~L, Secretary of "'estern and Atlantic Railroad Company.
[The \Vestern and Atlantie Railroad Company, incorporated by the State of Georgia, December 27, 1870.] .J. T. HILL, J'\Ia~or of Chattanooga, Tennesssee. \Y. K. )IaRRISON, City Auditor.
[Corporation of the city of Chattanooga, Tennessee.] [L. s.]

STATE OF GEORGIA, ) CoUNTY oF FrLTON. j

Personally a1Jpeared before me, C. 'I'. \Yatson, a Notary Public

of said county, the within named bargainers, with whom I am

personally acquainted, and with the corporate seal of said The

Western and Atlantic Railroad Company, with which I am per-

sonally acquainted, hereto affixed, and who acknowledged that

they executed the within instrurnent for the purposes therein con-

tained.

Witness my hand and seal of office, at the city of Atlanta, Geor-

g{iac,.

at my office, T. Watson,

this the Notary

28th day
Public l

of

Januca. ryT,.

1819. \ V ATSON,

:K.

P.

Fulton County, Georgia. J

STATE OF T};NNESSEE, } HAMILTON COUNTY.
Personal~y appeared before me, L. l\I. Clark, Clerk of the County Court of sa1d county, J. T. Hill, Mayor of the city of Chattanooga, Tennessee, and. \V. K . .Morrison, City Auditor of the said city of Chattanooga, with whom I am personally acquainted, and with the corporate seal of the Mayor and Aldermen of the city of Chattanoo~, the within bargainers, with which I am personally ac.qu~m.ted, hereon affix and acknowledge that they executed the Withm mstrument for the purpm;es therein contained.
Witness my hand at office, this the 1st day of March, 1879. L . .M. CI~ARK, Clerk.

840

JouRNAL oF THE HousE.

STATE OF TENNESSEE, } HAJ\HLTON COUNTY.

?'he above deed an~ certificate w~re filed 1st of March 1879 at

3 :dO p.m. Entered m note book ::So. 2, page 1-JJ, and recorded in

book F., volume 2, pages 645, 6-!6 and 6!7. \Vitnesss my hand at

office in Chattanooga.

H. C. BECK, Register.

STATE OF TENNESSEE, } HA:IIILTON COUXTY.

I, H. C. Beck, Register, for said county and in said State do

hereby certify that the foregoing two pages and sixteen lines ls a

true, full, perfect and correct copy of the lease from the Western

and Atlantic Railroad Company to the city of Chattanooga dated the 2Sth day of January, lSiH, together with the certif1c~tes of

probate and registration as the same remains of record in my

office in book F., volume 2, pages (icl.'i, H4G and G4i. witness my

hand at office in Chattanooga.

H. C. BEcK, Register.

"EXHIBIT G."

CHATTAXOOGA, TENX., September 8 1 188i. Han. D. JI. Robert8, Chairman on Westent and Atlantic Rail-
roacl:

SIR-At your request I beg to submit the following statement

on the subject of removal of freight depot and switch yards of the

\\Testern and Atlantic Railroad from their present quarters in this

city:

Owing to the present location of the switch yards and freight

depot of said road in this city, it becomes necessary to cross one of

our principal streets, with all the in-coming and out-going freight

train;; at a point in the very heart of the city, and not only this,

but the trac-ks used for switching extend across this same

street, and as !It present located this cannot be avoided for the

reason that the di;.;tance from the .:\Iarket street crossing to 9th

street (the terminus of the road) is so short as to preclude the

poHsibility of confining the switching between these two points,

and as a result, a large portion of the day, when travel, both

whc>el and pedestrian, is the largest, this main thoroughfare of the

citv is blockaded.

This impediment to travel and danger to life and property has

beeome so great that the people are demanding a remedy, and

some steps must he taken in the immediate future to relieve the

l-'eople.

.

The Board of Mayor and Aldermen are c-ontinually being urged

by the people and the press to suppress what now, and for a long

time, has been termed a great nui~ance. Under legal advice at its last meeting, the Board of Mayo~ ~nd

Aldermen passed, upon it>' first reading, an ordinance prov1dmg that uo switching of frei~ht cars be allowed across Market street

between the houn; of Ho'cloek a. m. and fi o'clock p. m.

The Board of Mayor and Aldermen are loth to wke any action

that will tend to ureak up the friendly relations existing between the corporate authorities and the railroad compitll,Y, or ~o any

thing that wil1 tend to interfere with the successful operatwns of

SATURDAY, SEPTEMBER 24, 1887.

841

the business of the road, but t.h~ city is rapidly increfising in T!opu-

lation and business and as this mcrease comes, the mconvemence

to our people by r'eason of this freight depot and sw!tch yards

beings located in the very heart of the city, and the switch tracks

extending aoross our main thoroughfare become more apparent,

and we will be driven to every reasonable resort to relieve our-

selves of it. In my judgment several reasons exist why it would be w the

advantage of the company to remove the freig'ht depot and switch

yards fr(lm their present location.

There is a lack of room where now located to conveniently and

expeditiously do the work of the road, and in this connection I

would say, that 'vhile it is very inconvenient to our people to have

Market street blockaded by switching cars, it must abo be very

inconvenient to the company, and causes great delay in the prose-

cution of the work of the rmtd by reason of necessary delays at

Market street crossing.

The removal would save a great amount of litigation and loss to

the company by reason of damage to the property and loss of life

resulting from accidents at the present Market :-;treet crossing.

A location near or outside of the eaHtern limits of the corpora-

tion will be more convenient for switching than the present loca-

tion, as the switch yards of all the other roads terminating at this

point, except the N. and C. Hailroad, are in that location, or all

removing there.

The present passenger depot would be made largely more com-

modious and convenient by the removal of the switch yards and

the extension of Broad street south, giving another entrance and

exodus for passengers so much needed.

The ground now owned by the company, and used for switch

yards and freight depot can be sold for a very large sum of money

(not less than half a million dollars if sole on reasonable time,)

and for one-fifth of that amount a larger tract of ground can be

purchased that will be better located for the purposes and afford

better facilities for the economieal and expeditious handling of the

freight business of the road.

I voice the sentiment of the entire community in expresssing

the hope that the contemplated changes will be speedily made, an~ 1lhereby relieve our citizens of a long existing cause of eorn-

plamt, and this can be brought about and not disturb the friendly

relations existing between the municipal corporation and owners

and managers of the railroad company.

Very respectfully.

A. G. SHARP, Mayor.

"EXHIBIT H."

Thss indenture made and entered into on this, the 14th day of

February, 1887, by and between the \\'estern and Atlantic Railroad

Company1 and Creea

a body corporate F ..Bates, a citizen

oanf d~hepoSltiatitce

of of

Tt heen nSe st as et ee , owfiGtneeosrsgeisa~

That sub-le}

uthnetosasiadidcoCmrepeadnFy.hBasattehs1sfodratvhelepaesreid~dreonftefod{lrreymeiasresdfraonmd

the 2tth of December, 1886, being for the unexpired time said

~s'oh~matpthtaaSn~iydoeohgoaaf,s

contro! of sa Hamilton
'Yest Ninth

id land, a piece of county, 'rennessee, street in said city

land in the abt etghiennwir~wl

city of on the of the

bmlding occupied by the Southern Express Company, with privi-

842

JOURNAL OF THE HOUSE.

lege to put another story on top of said wall, and running thence

eastwardly along and fronting on Ninth street, a distance of about

180 feet to the transfer platform, and extending back a uniform

depth of fifty feet from the fence now running along said south

side of Ninth street.

The said Western and Atlantic Railroad Company further agrees

to keep and maintain said Creed F. Bates, or his assigns in the

peaceable, full and quiet possession, enjoyment, use and 'occupa-

tion of said premises so above leased for the full term aforesaid

and said company further agrees as a part of this contract that

at the expiration of this lease, the said Creed F. Bates shall' have

the full right and authority to remove from said premises hereby

leased him, any and all improvements, buildings or structures of

any kind he may choose to erect or place or caused to be placed

thereon during the time said property is so occupied by him

under this lease; the title to all such buildings and improvements

remaining in him, with full power on his part to rent out said

buildings, or any part thereof, to his own use while situate on

said ground under this lease.

Iu consideration of the premises the said Creed F. Bates hereby

agrees to pay, or cau~e to be paid, to the said Western and Atlantic

Railroad Company or order, for said premises so leased him upon

the conditions aforesaid, the yearly rental of one thousand dollars,

commencing this date, and payable quarterly for each and every

year of the term aforesaid, and at the expiration thereof to sur-

render said ground so leased him peaceably, after removing there-

from all improvements, buildings or structures he may have

placed or caused to be placed thereon. In case of the fraction

of a year, the rental to be at the same rate for the period the lease

runs.

The rental to be paid promptly at the end of each quarter, and

in case of non-payment after demand, at the end of a quarter, the

'Vestern and Atlantic Railroad Company shall have the right to

re-enter and take peaceable possession of the premises.

In witness whereof the parties to this lease have hereunto set

their hands and seals, said lease being made in duplicate.

Attest: THE WESTERX AXD ATLANTIC R, B. Co.

By JosEPH E. BROWN, President.

'Vitness: C. T. 'VATSOX, K. P.

CREED F. BATF.il.

'Vitness as to Creed F. Bates, C. H. WHITESIDE, N. P.

APPEKDIX TO FOREGOIKG LEASE.

(Copy.)

Telegram.

'VASHINGTON, D. C., February 19, 188i.

R. A. ANDERSON, SUPT., ETC'.:

..

.

If you and l\Ir. Dooly think best I have no obJec~wn to c~angmg,

giving .Mr. Bates, lessee at Chattanooga, the nght to tmprove 180 feet fronting on Kinth st~eet, commen~ing at t~e P!atform of the freight depot and runnmg 180 feet m the _dtrectwn of ~he passenger shed, instead of making the starting pon~t at the bmld-

ing now erected near the passenger shed and runmng 180 feet in .

the direction of the platform of the freight depot.

.t

(Signed)

JosEPH E. BROWN, Prestden

(Copy.)

February 21, 1887.

I assent to this as lessee, provided all expense of removal and

clearing ground ready for building is borne by the company. (Signed) CREED F. BATES.

Amount Received by the W. & A. R. R. Co. for Rents of Building and Land, Chattanooga, and Hamilton County, Tennessee, from Ja11uary, 1871, to July 31, 1887.

YEARS.

00

.6~

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~.

~ ~~

~ ~~

gi ~ 8

.g g

g ci g i g ~ ~ ~ g C g

g

gc

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:>.,..c :U

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~G

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,~..... 0.0

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P~=:i,).c

=~..~=l
_U

a~
H,.r:: p:iO

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rgu

r~~gOr=Ss

3

U>J. ~
t;d
~
~-<

~

....;

rJ

"'

,jj

....;

~ -Pi :i ~

~

mL.:.::::..::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::: $5-~u__:,_o ~-:;;;;6-~ ~:::::]~~:::.::::: s.-.-::::::~::: $::::::::::::Is_-:::::::::::~:.:::~~::::: S.::::::::~ s..:.:::: ~~~ ~

UJ.
t_'lj
~

If~ i ;~ ~ ~ I is: b:1 t_'lj b:1

Q.::! ,;,.,. 1'-.:l

1880 The building-s destroyed by fire and rebui
t~L:_:_:_::::::::::::::::::::::::::::::::::::::::::::_:::::::::::::::::..:::

l.:t.:b:.e.-t::i1~::t:e::r::t:h:::n::n::

the olll
:::::::::.

oms.
:::::::::::

296
J83

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:~::295;6

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00

t~L;,::;:;:;;::~~::::::::::::::::::::::::.::.::::::::::::::::::::::::::::::::::::::J:::::::::::::: ::::::::::. ::::::::::::: nzs ss ~~8 zl; ::::::::::::: : ..~:~~:.~:~ ....~&'~~ ::::::::::: -~~.~ u~ ~

00 -l

1 ~7 ....................... .. ................................................... !~;~ ~:z~~\ ~:~~~-~ ~-~ ~:~ ~~~i~~~~~~~~

00
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c.:l

844

JOURNAL OF THE HOUSE.

" EXHIBIT K."

ARTICLES OF AGREEMENT

Made and entered into by and between the Western Union Telegraph Company, a corporation under the laws of the State of X ew York, as party of the first part, and the Western and At-
lantic Railroad Company; a corporation under the laws of the State of Georgia, as party of the second part, witnesses:

That in order to provide necessary telegraph facilities for party of the second part and to a better understanding of the terms on which the party of the first part shall occupy the line of railroad
of the party of the second part with the line or lines of telegraph wires belonging to the party of the first part and to permanently settle and define the business relations between the respective parties hereto, it is mutually contracted and agreed in considera-
tion of the respectiYe obligations herein assumed as follows, to-wit:

'l'he party of the first part agrees, first : To set apart on its line

of poles along said railroad a telegraph wire for the exclusive use

of said party of the second part.

Second. To equip said line of wire with as many instruments,

batteries and other necessary fixtures as said party of the second

part may rer1uire for use in its railroad stations and to set the same

in complete working order.

Third. To run said wire into all offices of said railroad company;

party of the second part along the> line of said railroad.

Fourth. 'fo haYe said wire set apart for the exclusive use of said

railroad company in the transmission of messages on the busines&

of said railroad on and along the line thereof, and all such mes-

sagc>s originating at any point on said road whether sent from or

receiYed at the stations of said party of the second part, or the

stations of said party of the first part on said road shall be trans-

mitted and delivered free of charge.

Fifth. 'Vhen the wire set apart to said railroad company shall

not be in working order to transmit free of charge over other

wires of said telegraph company. 'fhe messages of the officers and agents of the party of the second part on the business of said rail~

road company between points on said railroad when said telegraph

company may have stations giving precedence to messages rela

ting to movement of trains oYer any commercial or paid messages

so far as the statutes of the State or the United States may allow

such precedure. Sixth. To furnish such principal officers and ~~;gen.ts o~ the !!arty,
of the second part as may be designated by applicatiOn m ~ntlng of the General Superinteudent of said railroad company, with an~

nual franks or passes entitling them to send messages free over all

the lines of the party of the first part; Provided, however, that.

the party of the first part shall be entitled account of all such messagei':! transmitted

to to

charge or from

uapnyan.pdo.mkete~p

the line of said road, of the party of the second part at 1ts usual!

rates for the transmission of commercial messages, and for

sud1 account above the amount of two hundred dollars ($200al)f; in any one month said party of the second part shall pay o~e-h

thereof, being half-rates for all the business done over the hnesredof

tdhoellasarsid($p~a0r0t)ypoefr

the first month,

part above the or in any one

said sum of two month; and the

hund part;r

of

the second part, in consideration of agreeing to all the foregoing,

further covenants:

SATURDAY, SEPTEl\fBER 24, 1887.

845

1. That said party of the first part shall have perpetual right-of-

way to erect and maintain telegraph lines along said railroad of as

much wire as it may deem necessary to its business and additional

lines of poles whenever the party of the first part shall so select,

.and the exclusive right-of way so far as the party of the second

part has the power to grant or secure the same; and said party of the ~econd part, if it has the right and power to refuse, will not

transport poles, wire, or any other material for any other telegraph

company at less than full rates for freight thereon, nor distribute

or unload the same at any other than regular railroad stations on

said railroad, and should a competing line of telegraph be estab-

lished along said railroad, then the party of the first part shall be

released from its stipulations to tramnnit free of charge any busi-

ness of said railroad company off or beyond its line of road.

2. To transport for said party of the first part, free of charge, all

poles, wire and other material required by said party of the first

part for the construction, re-construction, repairs or maintenance

.and operation of its lines, and distribute at the places required

such poles, wire and other heavy matcrinl as may be needed along

the line of said railroad, either in the construction of additional

lines or in the repair of the same and of existing lines.

3. To transmit in any of its passenger trnins the officers and

.agents of the party of the first part, and put them off' at any sta-

tion on said railroad or any discovered break of the telegraph wires,

such officers or agents presenting franks or passes, which shall be

supplied at any ticket office of said party of the second part on the

application of any superintendent of the party of the first part.

4. 'l'o maintain all such telegraph stations as ma.)i be opened by

or for the use and bent>tit of said railroad company at the exclu-

sive cost of the party of the second part; to appoint its own

operators thereto, but to retain no operator who refm;es or persis-

tently neglects to obey the rules and regulations of said party of

the first part.

5. To rect>ive for transmission and send over the lines and deliver

to address at the railroa? telegraph offices in town or any stations

where the 11arty of the fir~t part may have no offices, all commer-

cial or other messages, paid or to be collected, that may be offered

under the rates of said party of the first part, and make monthly

reports thereof, and pay over monthly to said party of the first

part all the costs collected thereon, and to cause the operators and

agents of said party of the second part to observe all the rules and

regulations of the party of the first part with respect to the

mratoenstoh~lycorsetpsosrht~lolfabcucsruineetsos

of all receipts there the party of the first

opna~taonnd

regular any and

all busmess received at or transmitted from the telegraph stations

of the party of the second part, except the legitimate railroad

messengers of the party of the second part.

6. ~o pay t<;> said party of the first part the cost of constructing

the Wire herem designated and set apart to the exclusive use of the part~ of the second part, and the cost of equipping the same

at the.railroad stations, not already supplied, with instruments,

battenes and other necessary fixtures as soon as the cost thereof

can be ascertained.

846

JOURNAL 01<' THE HOUSE.

om. In witness whereof the parties hereto have by their proper
cers and under their separate seals duly executed this agreement this eighteenth day of August, 1870.
(Signed) THE WESTERN UNION TELEGRAPH COMPANY, By WILLIAM ORTON, President.
Attest: (Signed) GEORGE WALKER, Secretary proiem,, The Western Atlantic Railroad.'
(Signed) FOS'j'ER BLODGETT, Supt W. & A. R. R. Approved.
(Signed) RuFUS B. BULLOCK, Governor. By the Governor. H. C. CURSEY, Sec. Ex. Dep't. Bill filed in office Feb. 14, 1872.

" EXHIBIT L."

Statement of Rails Bought by W. & A. R. R. Co. from 1871 to 1886, inclusive.

YEARS.

TONS.

1871 . .

1872. . . . . . . . . . . ...... .

187B . . . . . . . . . . . . . . . . . . . . . . .

1874.

. ...... .

1S75 .

100

1876.

. . . . . . 1,665

1877 .

. . . . . . 2,051

18/S.

1879 .

. 1,266

1880.

. 1,078

1881 .

. 1,312

1882 .

. 1,900

1SSB .

. 2,516

1884.

18115.

1886.

''':\lain line all steel rails, 1883.

COST.
$ 20,198 01 106,097 92 115,108 52 90,493 41 79,.580 02 95,263 31 120,107 96 60,285 19 49,071 30 26,187 65 127,304 79 87,286 58
* 78,992 50
21,871 39 3,936 13 7,610 93

" EXHIBIT M."

Statement of Expenditures on Equipment Account by W. & A. R. R. Co. 1871 to 1887.

YEARS.
1871. . . 1872. 1873. 1880. 1881 . 1882. 1883. 1884. 1885. 1887.

AMOUNT,
$ 278,692 28 59,901 96 100,644 41 88,479 94 112,722 33 23,225 ()() 19,420 ()() 18,112 22 21,685 16 23,031 06

SATURDAY, SEPTEMBER 24, 1887.

847 .

Upon motion 500 copies of the report of the SpeciaJ Committee on the West('rn and Atlantic Railroad were ordered printed for the use of the House.
Upon motion, the r('ading of the report was dispensed with.
By unanimous consent, House bill No. 137 was withdrawn.
Leave of absence was granted to the Committee on General Judiciary from the morning session.
By unanimous consent, House bill No. 96-! was made the special order for Wednesday the 5th day of October.
By unanimous consent the following resolution was introduced, read the first time and referred to the Committee on Finance, to-wit:
By Mr. GambleA resolution for the relief of J. F. Farmer, Tax Col-
leetor of Jefferson county.
By unanimous conset the following resolution was introduced, read the first time and referred to the Committee on Public Property, to-wit:
By Mr. CrawfordA resolution providing for the sale of certain unused
furniture owned by the State.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Lunatic Asylum, to-wit:
By Mr. HayesA bill to provide for the care and protection of such
patients in the Lunatic Asylum as be adjudged incurable.
By unanimous consent, the following bill was introduced, read the fir~>t time, and referred to Committee on Finance, to-wit:
By Mr. Harris, of ColumbiaA bill to increase the compensation of Receiver and Col-
lector of Taxes in this State, etc.

848

JouRNA:L OF THE HousE.

By unanimous consent, House bill No. 901 was recommitted to Committee or. Railroads.
The following bills and resolutions were read the second time, to wit:
A resolution for the relief of R. M. Tisin, former Tax Collector of Glynn county.
Abo, a bill to incorporate the North Georgia and St. Andrews Bay Railroad Company.
Also, a bill to provide for the payment of bond No. 349 of the State of Georgia, issued under the act of the Legislature approved January 12, 1852, and of the coupons due thereon.
Also, a bill to incorporate the Blue Ridge Railroad Company, etc.
1\.lso, a bill to incorporate the Atlanta City and Suburban Street Railroad Company, etc.
Also, a bill amending the charter of the city of Atlanta and providing the conditions under which spirituous liquors may be sold in Fulton county.
Also, a bill to amend an act to incorporate the Atlanta and Edgewood Street Railroad Company, approved December 2-l, 18~6, etc.
Also, a bill to amend the charter of the Elberton AirLine Railroad Company, approved December 13, 1881, etc.
Also, a resolution to require surety on the bond of the lessees of the \Vestern and Atlantic Railroad, and for other purposes.
Also, a bill to provide a uniform mode of procedure in civil suits, except as herein provided, and same recommitted.
Also, a bill to alter and amend section 4565 (a) of the Code of 1882.
Also, a bill to amend an act entitled an act to establish a City Court in the county of Richmond.
Also, a bill to establish a system of public schools for the town of 'Vaycross, and for other purposes.

SATURDAY, SEPTE~IBER 24, 1887.

849

Also, a bill to inpmporate the Washington Street Rail-
way Company, ete. . Also, a bill to amend the char:ter of the City and Suburban Railway of the city of Savannah, Ga. Also, a bill to amend section 730 ot the Code of Georgia.
.Also, a bill to incorporate the Connasauga Canal and .Manufactudng Company of Gordon county.
Also, a bill to incorporate the Chattahoochee Terminal
Company, etc. Also, a bill to provide an additional system of working
puhlic roads in Camden county, etc. Also. a bill to amend section 250 of the Code.
Also, a bill to incorporate the Fort Valley and Dublin Railroad Company.
Also, a bill to repeal an act to incorporate the town of Tallulah Falls in the county of Rabum, approved October, 7, 1885.
Also, a bill to amend an act to change the charter of the town of Congors, Georgia, to that of a city, approved August 24, 1881.
Also, a bill to incorporate the Jackson and Indian Spring Railway Company, etc.
Also, a bill to amend the charter of the city of Griffin and the amendatory act;;, etc.
Also, a bill to incorporate the town of Blue Ridge, etc. Also, a bill to incorpo:ate the town of Guyton, in Effingham county; Georgia. Also, a bill to make it unlawful to transport seed cotton in or out of the county of Harris between the hours of sunset and sunrise, or from one place to another in said county, .etc.
Also, a bill to authorize Thomas Walton Vickery to peddle without license in certain counties in this State.
Also, a bill to incorporate the Traders Bank of Atlanta Georgia.
Also, a bill to incorporate the Tallapoosa Male and Female College, etc.
54

850

JouRNAJ. oF THE HousE.

Also, a bill to incorporate the town of Bluffton in the
county of Clay.
Also, a bill to incorporate the Albany and Bainbridge Railroad Company, etc.
Also, a bill to amend an act to establish a system of public schools in the city of Athens, Georgia.
Also, a bill to amend section 146.5 (f) of the the Code of 1882, etc.
Also, a bill to incorporate the Newton, Morgan and Lumpkin Railroad Company.
Also, a bill to regulate the sale of commercial fertili1.ers and manures in this State, and for other purposes.
Upon motion, :300 copies of the bill were ordered printed for the use of the House.
Also, a bill to prohibit the sale of cotton seed in Monroe county, or any militia district thP-rein, etc.
Also, a hill to authorize the sale of domestic wine manufactured from berries in quantities of not less than one quart in the several counties of this State, etc.
Upon motion the House adjourned until Monday morning at 9 o'clock.

A.rLANTA, GEORGIA,
Monday, September 26, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Rev. Mr. Jones.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson,

Hale, Hand, Hayes, Harrell of Webster, Harrison of Quitman,

Olive, Page, Peeples, Perry, Pickett,

MoNDAY, SEPTEMBER 26, 1H87.

851

Bailey, Belt, Berner, Birch more, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee. Brtlwster, Buchan, .Jalvin. Cameron, Candler, Clay of Cobb, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, Duggan, Fagan, Felton of Bartow, Felton of Macon, Fortner, Fordham, Foute, Franklin of Fa"-nin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Hagan,

Harris of Catoosa, Harvey, Harper, Hawkins, Henry, Henderson, Hill of Meriwether, Holland, Holleman. Howell. Huff, Hughes, Humphries of Brooks, Humphries of Clinch, Huni, Hutchison, Iler, Johnson of Screven, .Johnson of DeKalb, Kennedy, Key, Kimbrough, Lamar, Lanier, Lumsden, Madden, Mathews, Mills, Mixon, Monroe, Morgan, McCord, McGhee, McLendon, McKibben, McCleskey, Newton, Nichols, Norris,

Pittman, Preston, Rawls, !:Willey, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, ::lmith of Jefferson, ::ltevens, ::ltewart of Mitchell, Stewart of Rockdale, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd. Watts, Watson, Way, Weil, Whaley, West, Wheeler, Williams of Harris, Williams of Jackson. Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.

Those absent were Messrs.-

Branch, Black, Chappell, Clay of Walton, Cook,

Harrell of Decatur, Harrison of Franklin, Harris of Columbia, Hill of Wilkes, Howard,

Parker, Perkins, Ray, Reid, Reynolds,

852

JOURNAL OF THE HousE.

DuBose, Durrance, Evans, Felton of Bibb, Featherston, Gardner, Griffith. Ham, Hart,

Johnson of Echols, Jones, Kenan, Little of Talbot, Mauney, Moye, McLane, McGarrity, McMichael,

Simmons, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Vining, W !ilker vf Putnam, Whelchel.

Mr. Lumsden, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Jonmal was then read and approved.

Leave of absence was granted to the following members, to-wit : Messrs. Simmons, Howard, Williams, Ga.rdner, Moye, Little of Talbot, McGarity, Stovall, Key, Whelchel, Harris, Chappell; Gibson and Featherstone.
The following Senate bills were read the second time, to-wit :

A bill to transfer the county of Twiggs from the Oconee to the Macon Judicial Circuit.
Also, a bill to incorporate the Eatonton and Athens Railroad Company, etc.
Also, a bill to prennt the running at large of stock on Cumberland Island, in the county ot Camden, in this State, etc.
Also, a bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company, etc.

Mr. McCord offered the following resolution, to-wit:

A resolution providing for night sessions. Upon the adoption of this resolution, the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative are Messrs.-

Adams of Elbert, Adams of Greene, Atkinson,

Duggan, Felton of Macon, Greene of Clay,

Mixon, McCord, Newton,

MONDAY,. SEPTEMBER 26, 1887.

853

Belt. Berner, Birchmore, Brown of Cherokee, Brewster, Calvin, Clay of Cobb, Coney, Darden, Denney,

Greene of Madison, Gresham, Hale, Harrell of Webster, . Harper, Hill of Meriwether, Humphries of Cline: Hutchison, Lamar, Mills,

Peeples, Rich, Rountree, Russell of Polk, Smith of Jefferson, Thomas, Whaley, Wheeler, Williams of Harris, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Ashley, Blalock, Brady, Bray, Brown of Henry, Buchan, Cameron, Coggins, Comer, Crawford, Dodgen, Felton of Bartow, Fonte, Franklin of Fannin, Gamble, Gibson, Grindle, Hagan, Hand, . Harrison of Quitman, Harvey, Hawkins,

Hayes,

Pickett,

Holland,

Pittman,

Howell,

Preston,

Huff,

Rawls,

Humphries of Brooks, Reilley,

Hunt,

Russell of Chatham.

Iler,

Schofield,

Johnson of DeKalb, Shewmake,

.Johnson of Screven, Sims,

Kennedy,

Smith of Gwinnett,

Kimbrough,

Stewart of Mitcl\ell,

Lanier,

Stewart of Rockdale.

Lumsden,

Terrell,

Madden,

Vaughn,

Mathews,

Veazey,

Monroe,

Vickers,

Morgan,

Watson.

McLendon,

Wei!,

McKibben,

West,

Nichols,

Williams of ,Jackson_

Norris,

Wilcox,

Olive,

Wilson.

Page,

Those not voting were Messrs.-

Bailey, Black, Branch, Candler, Chappell, Clay of Walton, Cook, DuBose, Durrance, Evans,

Harrison of Franklin, Harris of Columbia, Harri~ of Catoosa, Henry, Henderson, Hill of Wilkeg, Holleman, Howard, Hughes, ,Johnson of Echols,

Perkins, Ray, Reid, Reynolds, Russell of Clarke, Simmons, Smith of Crawford. Smith of Glynn, Stevens, :'ltewart of Marion,

854

JouRNAL oF THE HousE.

Fagan, Felton of Bibb, Featherston, Fortner, Fordham, Franklin of Thomns, Gardner, Gordon, Glenn, Griffith, Ham, Hart. Harrell of Deeatur,

Jones, Kenan, Key, Little of Talbot, Mauney, Moye, 1\IcLane,
~lcGhee, McGarrit~,
.1\IcOleskey, McMichael, Parker, Perry,

8tovall, Strickland, Tate, Taylor, Vining, Walker of Floyd, Walker of Putnam Watts, Way, Whelchel, Williams of Upson, :Mr. Speaker.

Yeas, 39. Na~s, 68. Not voting, 68.

So the resolution was lost.

Mr. McCord offered the following resolution which was read and referred to the Committee on Rules, to-wit:
RV3ohed, That the Senate concurring, the House do fix Saturday, October 8th, as the day on which the Legislature adjourn 8ine die.
By unanimou,.; ton,Pnt, the following hill was introduced, read the fir:;t time and referred to the Committee on Bank~, to-wit:
By Mr. Harper-
A bill to incorporate the Merchants and Planters' Bank of Carrollton, Georgia.
The following Senate bill was read the se':.'ond time, to~wit:
A bill to incorporate the Coosawatee Steamboat Company, etc.
Mr Johnson, of ~creven, chairman of the Committee o.n Hygiene and Sanitation, submitted thE" following report:

M1. Speaker :
The committee on Hygiene and Sanitation have had under consideration the following bill, which they instruct me to report back with the recommendation that tha same do pass by substitute, to-wit:

MoNDAY, SEPTEMBER 26, 1887.

855

A bill to levy and collect a tax on physicians not perma-

nently located, or persons claiming to be such, and for

other purposes.

.JoHNSON, of Screven, Chairman.

By unanimous consent, the following resolution was introducerl, read the first time and referred to the Committee on Finance, to-wit:
By Mr. WattsA resolution appropriating the sum of one hundred and
twenty-five dollars for the hire ot clerks employed by the Joint Committee appointed to investigate the affairs of the Western and Atlantic Railroad.
The following resolution was read the third time, the report of the committee was agreed to, which was favorable to the passage of the resolution by substitute, and the resolution passed by substitute by the requisite constitutional majority, yeas 90, nays 5, to-wit:
A resolution for the relief of R. M. Tyson, forme1 Tax Collector of Glynn county.
The following message was received from the Senate, through Mr. W. A. Harris, the Secre:ary thereof:

Mr. Speaker:
The Senate has passed the following bill;.; of the Howe by the requisite constitutional majorities, to-wit :
. A bill to create a Board of Commissioners of Roads and Revenues of the county of Union; passed by the requisite cpnstitutional majority; yeas 25, nays 0.
Also, a bill to provide for the registration of qualified v9ters in the county of Terrell ; passed by the requisite constitutional majority; yeas 25, nays 0. . Also, a bill to repeal so much of an act entitled an act to amend the act regulating the tavern license in this State, approved December 15, 1809, so far a~; the same relates to the county of Wilcox, and to define the fees of the Ordinary of Chatham county, and for other purposes.

8.56

JoURNAL OF THE 'HoUSE.

Also, a bill to incorporate the Thomasville, :Florida and Western Railway; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to create a Board of CommissiOners of Roads and Revenues for the county of Clayton; passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate has also passed the foPuwing bill of tbe Senate by the requisite constitutional majority; yeas 26, nays O, to-wit:
A bill to provide for the levy and sale of personal prop-, erty for purchase money, where the title to the <same is retained in the vendor.
The Senate has also passed the following bills of the House, with certain amendments, to-wit:
A bill incorporating the Georg-ia Mutual Insurance Company; passed by the requisite constitutional majority; yeas 29, nays 0.
Also, a bill to establish the City Court of Newnan in the county of Coweta, and for other purposes ; passed by the requisite constitutional majority; yeas 27, nays 0,
Also, a bill to amend an act to incorporate the West End and Atlanta Street Railroad Company, and for othet purposes; pas~ed by the requisite constitutioual majority; yeas 26, nays 0.
The Senate has also concurred in the following resolution of the House, to-wit :
A resolution providing for a ,Joint Committee consisting of the President of the Senate, the Speaker of the House and two members thereof and two members of the Senate to examine into the business of both houses, and ascertain and report as early as practicable the earliest day practicable for adjournment, and has appointed as a committee on the part of the Senate, Messrs. Davidson, Hawkes and Hand of the 8th district.
The following message was received from his Excellency,

MoNDAY, SEP'.rEMBER 26, 1887.

857,

the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Jlr. Speaker:
The Governor has approved and signed the following acts, to-wit :
An act to create the office of Inspector of Roads and Bridges for the county of Jasper, and for other purposes.
Also, an act to create a Board of Commissioners of Roads and Revenues in the county of Union.
The following House bill was taken up, and the Senate amendments thereto wen coneurred in, to-wit:
A bill to amend an act to incorporate the 'Vest End and Atlanta Street Railway Company, etc., approved August 26, 1872.
The following bill was read the third time; the report of the committee was agreed, to which was favorable to the passage of the bill, by substitute; upon the passage of the bill, the yeas were 84, and the nays 7; not receiving the requisite constitutional majority, the bill was l)st, to-wit:
A bill to levy and collect a tax on physicians not perma-_ nently located or persons claiming to be such, etc.
The following bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A hill to incorporate the Georgia Mutual Insurance Company.
, The following bill wa.<> read the third time; the report of the committee, which was favorable to the passage of the bill, by substitute, was ageed to, and the bill passed by substitute by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill.to amend section 1201.of the Code, providing for tbe appomtment and payment, and prescribing the duties
of a committee to attend the State University examinations.
The following bill was tead the third time; the report of

858

JouRNAL oF THE HouRE.

the committee was agreed to, which was favorable to the passage of the bill; upon motion the hill was tabled, to-wit:
of A bill for the relief of D. H. Hubbard, Tax Collector
Polk county.
The Speaker announced the following named members on part ofthe House as the committee to examine and report on the status of the business before the Legislature and earliest practicable day of adjournment, to-wit: Messrs. Berner, Gordon and Belt.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

M1. Speaker :
The Senate has passed the following resolution and asks the concurrence of the House therein, to-wit:
A resolution requesting the return of House bill No. 509, passed by the Senate with certain amendments the 23rd instant, (which action was reconsidered by the Senate) for further action by the Senate.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment reports as duly enrolled, and ready for the signature of the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to repeal so much af an act entitled an act ~o amend an act regulating the tavem license in this State, approved December 15, 1859, so far as the same relates to the county of Wilcox, and to define the fpes of the Ordinary of Chatham county.
Also, an act to incorporate the Cartersville, Mc~rysville and Knoxville Air-Line Railroad Company.
Also, an act to require the Commissioners of Roads arid Revenues of Fulton county to establish a voting precinct in each ward.

MoNDAY, SEPTEMBER 26, 18S7.

859

Also, an act to incorporate the Citizens' Bank of Savan-

nah. Also, an act providing for the registration of qualified

voters in Terrell county.

Also, an act to incorporate the Thomasville, Florida and

Western Railway Company.

Also, an act to incorporate the Macon and Alabama Rail-

road Company.

Also, an act to create a Board of Commissioners of Roads

and Revenues for the county of Clayton.

Respectfully submitted.



IvY W. DuGGAx, Chairman.

The following bill was read the third time ; the report of the committee was agreed to ; upon the passage of the bill the previous question was called, which call was sustained and the main que.;;tion ordered ; the yeas and nays were called for, which call was sustained.

Upon the call of the rdl the following Js the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams ef Greene, Ashley, Atkinson, Berner, Birchmore, Brady, Bray,
Brown of Cherokee, Brewster, Buchan, Cameron, Candler, Olay of Cobb, Comer, Ooney, Darden, Denney, Dodgen, Duggan,

Hagan, Hale, Harrell of Webster, Harper, Hawkins, Hayes. Henry, Hill of Meriwether, Holleman, Hull; Hunt, Hutchison, .Johnson of DeKalb. Johnson of Screven, Kennedy, Kimbrough, Lamar, Lanier, Lumsden, Madden,

...:.._'11ewt.ou, Nichols, Norris. Olive, Page. Peeples, Pittman, Preston, Rich, Schofield, Sims, Smith of Gwinnett, Smith of .Jefferson, Terrell, Thomas, Vaughn, Veazey, Walker of Floyd, Way, Wei!,

86Q

JouRNAl, oF THE HousE.

Fagan, Felton of Bartow, Felton of Macon, Foute, Franklin of Fannin, Gibson, Gresham,

Mills, Mixon, Monroe, McCord, McGhee, McKibben, McUieskey,

West, Wheeler, Williams of Harri1, Williams of Jack&On', Wilson, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Belt, Coggins, Crawford, Gamble, Gordon, Green of Clay, Greene of Madison, Grindle, Hand,

Harrison of Quitman, Harvey, Holland, Humphries of Brooks, Humphries of Clinch, Iler, Mathews, Morgan, Pickett, Rawls,

Reilley, Rountree, Russell of Chatham, Shewmake, Smith of Glynn, Stewart of Mitchell, Stewart of Rockdale, Vickers, Whaley, Wilcox.

Those not voting were Messrs.-

Bailey, Black, Blalock, Branch, Brown of Henry, Calvin, Chappell, Clay of walton, Cook, DuBose, Durrance, Evans, Felton of Bibb, Featherston, Fortner. Fordham, Franklin of Thomas, Gardner, Glenn, Griffith, Ham Hart,

Harrell of Decatur, Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Henderson, Hill of Wilkes, Howard, Howell. Hughes, Johnson of Echols, Jones, Kenan, Key, Little of Talbot, Mauney, Moye, McLane, McGarrity, McLendon, McMichael. Parker, Perkins,

Perry, Ray, Reid, Reynolds, Russell or Clarke, Russell of Polk, Simmons, Smith of Crawford, Stevens, Stewart of .Marion, Stovall, Strickland, Tate, Taylor, Vining, Walker ot Putnam, Watts, Watson, Whelchel, Williams of Upson, Mr. SpeakE.r.

Yeas. 80. Nay~<, 30. Not voting, 65.

So the bill was lost, to-wit :

MoNDAY, SEPTE:IrBER 26, 1887.

. 861

A bill to prohibit any person from. dealing in futures, or 'keep any hOt~se commonly called a produce exchange or
bucket shop, etc. Upon motion the Senate resolution. req nesting that House
hill No. 509 be returned to the Senate for further action
was taken up, and the same ordered to be returned as re-
quested. The House then adjourned until 3 o'rlock p. m.

3 O'cLocK P. M.

The House met pursuant to adjournment, and was called

to order by the Speaker. Upon motion, the roll was dispensed with.

Leave of absence was granted to the following members, to-wit: Messts. Ashley and Veazey.

Upon motion, House bill No. 514 was taken up, and

upon motion the House refused to concur in the Senate

amendments thereto.



Mr. McGhee offered the following resolution which \Vas

read and refetred to the Committee on Rules, to-wit:

A resolution to expedite business before the House and

provide fot an eady adjournment.

The following bill was read the third time; the report of

the committee was agteed to and the bill passed as amended
by the requisite constitutional majority; yeas 95, nays :3,
to-wit:

A bill to incorporate the Blue Ridge and Atlantic Railroad Company.

House bill No. 54:3 was taken up for a third reading; as the bill provided for an appropriation the House went into a Committee of the Whole House, Mr. Hunt in the chair.

Mr. Hunt, chairman of the Committee of the Whole House, submitted the following report:
Mr. Speaker :.

The Committee of tl'ie Whole House have had under

862

JouRNAL oF THE HousE.

consideration House bill No. 543, which they instruct me to report back with the recommendation that the f!llme do pass.
The following bill was then read the third time; the report of the committee was agreed to ; upon the p.a13sage of the bill it was necessary that the vote should be taken by yeav and nays, as the same provided for an appropriation.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affitmative were Messrs.-

Adamf. of Elbert, Adams of Greene, Arnheim, Bailey, Belt, Berner, Birchmore, Brady, Bray, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Clay of Cobb, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, Duggan, Fagan, Felton of Bartow, Feltfln of Bibb, Felton of Macon, Franklin of Fannin, Gamble, Gordon, Glenn, Gresham,

Hand, Harrell of Webster, Harrison of Quitman, Httrper, Harvey, Hayes, !Ienry, Henderson, Hill of Meriwether, Holland, Holleman, Howard, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, ,Johnson of Screven, Kennedy, Key, Kimbrough, Lamar, Lanier, Lumsden, Madden, Mills, Mixon, Morgan, McCord, McLane, McGhee, )'fcLendon, McKibben,
.

Nichols, Norris, Olive, Page, Peeples, Pickett, Pittman, Preston, Rawls, Reid, Reilley, Rich, Rountree, Russell of Chatham, Shewmake, Sims, Smith of Jefferson1 Stevens, Stewart of Mitchell, Stovall, Terrell, Thomas, Vaughn, Vickers, Walker of Floyd, Watson, Way, Weil, Whaley, Wheeler, Williams of Harris, Williams ot Jackson,
Wilcox,

MoNDAY, SEPTEMBER 26, 1887.

863

Grindle,
Hap~~.
Hale,

McCleskey, Newton,

Wilson, Worsham.

Those not voting were Messrs.-

Ashley, Atkinson, Black, Blalock, Branch, Brown of Henry. Chappell, Clay of Walton, Cook, DuBose, Durrance, Evans, Featherston, Fortner, Fordham, Foute, Franklin of Thomas, Gardner, Gibson, Green of Clay, Greene of Madison, Griffith, Ham,

Hart,

Perry,

Harrell of Decatur, Ray,

Harrison of Franklin, Reynolds,

H~trris of Catoosa,

Russell of Clarke,

Harris of Columbia, Russell of Polk,

Hawkins.

Schofield,

Hill of Wilkes,

Sim1nons,

Howell,

Smith of Crawtord,

Hughes.

Smith of Glynn,

Huff,

'Smith of Gwinnett,

.Johnson of DeKalb, Stewart (lf Rockdale,

.Johnson vf Echo!~, Stewart of Marion,

,Jones,

Strickland,

Kenan,

Tate,

Little of Tal bot,

_Taylor,

Mathews,

Veazey,

Mauney,

Vining,

Monroe.

Walker of Putnam,

):[oye,

Watts,

):[cGarrity,

West,

McMichael,

Whelchel,

Parker,

Williams ot Upson,

Perkins.

Mr. Speaker.

Yeas 106. Nays 0. Not voting 69.

Having received the requisite constitutional majority, the bill passed, to-wit:

A bill to make an appropriation to pay M. D. Weeks, of the county of Mitchell, and State of Georgia, for an artificial arm, under an act approved December 4, 1866.

The following bill was read the thitd time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 99, nays 0, to-wit :

A bill to incorporate the Marietta Insurance Company, and for other purposes.

Upon motion, House bill No. 550 was recommitted to Committee on Finance.

86-!

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the commitree was agreed to, and the bill passed br .the requisite constitutional majority, yeas 95, nays 0, to-wit~
A bill to amend section 1589 of the Code of Georgia.
House bill No. 559 was taken up for a third reading, and upon motion, the bill was tabled.
The following bill was read the third time; the, report of. the committee was agreed to, which was favorable to the ' passage of the bill, by substitute, and the bill passed by substitute by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to make it a penal offense to prevent ot attempt to preYent any person from engaging or remaining in or performing the duties of any lawful employment.
Upon motion Senate bill Xo. ;11 was recommitted to Committee on General Judiciary.
House hill Ko. ;)68 was taken up for a third reading, and upon motion the bill was tabled.
The following hill 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 90, nap; -!, to-wit :
A bill to incoqJOrate the Georgia Terminal Railroad Company, etc.
House bill No. 380 was made the Special order for Thursday, the :29th instant, immediately after the reading of the J oumal.
By unanimous consent, the following bill was introduced, read the first time and referrerl to Committee on Railroads, to-wit :
By Mr. PrestonA bill to ratify and confirm to the Covington and Macon
Railroad Compa.ny the right and authority to make cettain extensions of the main line.
Mr. NfeCord offered the following resolution, which was read and adopted, to-wit:

TUESDAY, SEPTEMBER 27; 1887.

865

Resolved, That the consideration of bills made a special order, Le confined to the morning sessions, and that the afternoon sessions of days having special orders considered, be devoted to the reading of other bills ready for a third reading, and putting the same on their passage.
By unanimous consent the following bill was introduced, read the third time~ and referred to Committee onFinance, to-wit:
By Mr. Harrell, of WebstetA bill to amend section 909 and repeal section 910 ofthe
Code of 1882, in rPlation to penalties against defaulting Tax Collectors.
The Honse then adjourned until tomorrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, September 27; 1887.
The House met pursuant to adjournment; was called t() order by the Speaker, and opened with prayer by t~e Chaplain.

The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adam's of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Bern,.r, Birchmore, . Black, Blalock, Brady, Bray, Branch,.
55

Hand, Harrell of Webster, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henry, Henderson,

Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Rawls, Ray, Reid, Reilley,

866

JouRNAL oF THE HousE.

Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon,

Hill of Meriwether, Rich,

Hill of Wilkes,

Rountree,

Holland, Holleman,

Russell of Chatham, Russell of Clarke,

Howard,

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

Huff,

Simmons,

Humphries of Brooks, Sims,

Humphries of Clinch, Smith of Crawford,

Hunt,

Smith of Glynn,

Hutchison,

Smith of Jefferson,

ller,

Stevens,

Johnson of DeKalb, Stewart of Mitchell,

Johnson of Screven, Stewart of Rockdale,

Kenan,

Stewart of Marion,

Kennedy,

Strickland,

Key,

Stovall,

Kimbrough,

Terrell,

Lamar,

Thomas,

Lanier,

Vaughn,

Little of Talbot,

Veazey,

Featherston,

Lumsden,

Vickers,

Foute, Franklin of Fannin, Franklin of Thomas,

Madden, Mathews, Mauney,

Walker of Floyd, Walker of Putnam, watts,

Gamble,

Mills,

Watson,

Gardner,

Mixon,

Way,

Gibson,

Monroe,

Wei!,

Gordon,

Morgan,

Whaley,

Glenn,

McCord,

West,

Green of Clay,

McLane,

Wheeler,

Greene of Madison, McGhee,

Whelchel,

Gresham,

McGarrity,

Williams of Harris,

Griffith,

McLendon,

Williams of Jackson,

Grindle,

McKibben,

Williams of Upson,

Hagan,

McCleskey,

Wilcox,

Hale,

Newton,

Wilson,

Hart,

Nichols,

Worsham,

Ham,

Norris,

l'Ir. Speaker.

Those absent were Messrs.-

Ashley,

Fordham,

Reynolds,

Chappell,

Johnson:of Echols, Smith of Gwinnett,

DuBose,

Jones,

Tate,

Durrance,

Moye,

Taylor,

Evans,

McMichael,

Vining.

Fortner,

TuESDAY, SEPTEMBER 27, 1887.

867

Mr. Williams, of the Committee on Journals, reported that the Journal ofyesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Leave of absence was granted to the following members, to-wit: Messrs. Ashley, W eil, Arnheim, Russell of Chatham, Smith of Gwinnett, DuBose and Madden.
Pending the reading of the Journal, Mr. Weil gave notice that at the proper time he would move to reconsider so much of the action of the House had on yesterday relating to House bill No. 538.
Mr. Russell, of Polk, gave notice that he would move to reconsider so much of the action of the House had on yesterday relating to House bill No. 479.
Upon motion, House bill No . .568 was taken from the table and put upon its passage.
As the same provided for an appropriation, the House went into a Committee of the Whole House, Mr. Atkinson in the chair.
Mr. Atkinson, chairman of the Committe of the Whole House, 8ubmitted the following report :

Mr. Speaker:
The Committee of the Whole House have hlld under consideration House bill No. 568, which they instruct me to report back with the recommendation that the same be recommitted to the Committee on Finance.
Upon motion, House bill No. 568 was recommitted to the Committee on Finance.
Mr. Weil moved to reconsider the action of the House had on yesterday, relating to House bill No. 538, which motion prevailecl, and the bill was reconsidered.
Upon motion of Mr. Russell, of Polk, the action of the House had on yesterday, relating to House bill No. 479, was reconsidered.

868

JouRNAl, oF THE HousE.

The hour for the special order having arrived, upon mo. tion of Mr. Terrell, House bill No. 642, which was the special order, was taken up.
As the same provided for an appropriation, the House went intn a Committee of the Whole House, Mr. Clay, of Cobb, in the chair.
Mr. Clay, chairman of the Committee of the Whole House, submitted the following report:
Mr. Speaker :
The. Committee of the 'Vhole House have had under con sideration Hou~e bill No. 642, which they instruct me to report that they have made some progres, and ask leave to sit again.
Upon motion House bill No. 8-56 was recommitted to Committee on Counties and County Matters.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker:
The Committee on Finance have had under consideration the following bills and resolutions which they instruct me to return to the House, with the recommendation that they do pass as amended, to-wit:
A bill for the relief of the estate of the late A. P. Dearing, of the county of Clarke.
Also, a resolution in reference to certain books belonging to the State Library, now stored in the basement of the Capitol building.
Also, a resolution for the relief of J. F. Farmer, Tax Collector of Jefferson county.
Also, the following bill which they instruct me to return to the House with the recommendation that it do pass by substitute, to-wit:
A bill for the relief of Miles G. Copeland, Tax Collector of Greene county.
Respectfully submitted. W :11. W. GoRDON, Chairman.

TuESDAY, SEPTEMBER 27, 1887.

869

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

Mr. Speaker:
The Senate has passed the following bills of the House ' by the requisite constitutional majority, to-wit:
A bill to provide for the payment of accounts of road contracts against Chattooga county; passed by the requisite constitutional majority ; yeas 24, nays 0.
Also, a bill to create a Board of Assessors of rea) and personal property subject to taxation, for the county of Chatoom; passed by the requisite constitutional majority; yeas 24, nays 0.
Alflo, a bill to aut~orize the Mayor and Aldermen of the city of Savannah to requite paving of streets, etc.; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and several acts amendatoty thereof; passed by the requisite c:onstitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the First Yol unteer Regiment
of Georgia; passed by the requisite c:onstitutional majority; yeas 27, nays 0.
Also, a bill to arneud an act incorporating the town of Carnesville, approved August 2-1, 1872; passed by the requisite constitutional majority ; yeas 24, nays 0.
Also, a bill to amend an act incorporating the town of Fort Valley, in Houston county, approved September 27, 11183; passed by the requisite constitutional majority; yeas 28, nays 0.
Also, a bill to amend an act to incorporate the Van Wert Quarrying and Mining Company, approved December 18, 1886; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend section !I of an act entitled an act to amend the charter of the city of Dalton, approved October 5, 1885; passed by the requisite constitutional majority; yeas 26, nays 0..

870

JouRNAL oF THE HousE.

Also, a bill to relieve A. C. Daniel, of the county of Elbert; passed by the requisite constitutional majority; yeas :26, nays 0.
Also, a bill to appropriate to the Jackson Light Artillery Company the sum of one hundred and fifteen dollars io repayment for repairing cannons; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for the county of Houston, approved February 28, 1874; passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite co~stitu tional majority, to-wit:
!\.. bill to amend the charter of the Commercial Bank of Augusta; passed by the reqnisite constitutional majority; yeas 24, nays 0.
Also, a bill to prohibit county officers and practicing attorneys at law from being jury commissioner;;; passed by the requisite constitutional majority ; yeas 24 nays 0.
Also, a bill to incorporate the Wananty Mutual Fire Insurance Company; passed by the requisite constitutional majority ; yeas 27, nays 1.
Also, a bill to amend an act incorporating the Bank of Thomasville in this State, approved March 3, 1875; passed by the requisite constitutional majority; yeas 24, nays 0.
Tne Senate has also passed the following bill of the House by substitute, by the requisite constitutional majority, yeas 2tl, nays 0, to-wit :
A bill to repeal section 4601 of the Code of 1882. The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend the charter of the town of Pelham, io the county of Mitchell ; passed by the requisite constitutional majority ; yeas :23, nays 0.
Also, a bill to amend an act entitled an act to amend the

TuESDAY, SEPTEMBER ~7, 1887.

871

practice in equity, as to granting injunctions; passed by the

requisite constitutional majority; yeas 24, nays 0.

giaAolfso1'8

a bill to amend section 4373 of the Code of Geor82; passed by the requisite constitutional majority;

yeas 26, nays 0.

Mr. Stevens, chairman pro tem. of the Committee on Banks, submitted the following report :

Mr. Speaker:
The Committee on Banks have had nuder consideration the following bills, which I am instructed to report back, with the recommendation that they do pass, to-wit:
A bill to incorporate the Merchants and Planters Bank of Carrollton, Ga.
Also, a bill to incorporate the Coweta Bank, and for other purposes.
Also, the following bills, which they recommend do pass, as amended, to-wit:
A bill "to incorporate the Waynesboro Loan and Improvement Company.
Also, a bill to incorporate the Lowry Banking Company of Atlanta.
Respectfully submitted.
0. B. STEVENS, Chairman pro tern.
Mr. Harrison, 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 hack to the House, with the recommendation that they do pass, to-wit:
A hill to alter and amend an act entitled an act to incorporate the Planters' Loan and Savings Bank, approved October 27, 1870, and acts amendatory thereof, so as to
aut~orize the corporation to change its name and do a

872

Jou~NAJ, OF THE Hous~:.

general insurance business, and for other purposes. Proof correct.
Also, a bill to be entitled an act to exempt fifty members of the Clarke Light Infantry from jury duty, etc.
This committee has also had under consideration the following bill, which I am instructed to report back to the House, with the recommendation that it do pass, as amended, to-wit:
A bill to consolidate, amend and supersede the acts incorporating the town ot Lincolnton, in the county of Lincoln, to provide for Mayor and Conncilmf'n, define their duties, etc. Ptoof correct.
Respectfully submitted. WrLLIA)! HARRISON, Chairman.

Mr. Reilly, chairman of the Committee on Military Affairs, submitted the following report:

Mr. Speaker:
The Committee on ~lilitary Affairs 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 amend an act, approved October 1:3, 1885, in relation to the volunteer troops of this. State, by adcling an aclditional section to said act, and appropriating a sum of money for the equipment ol said troops, etc.
PETER REILLY, Chairman. The House then a~journed until 3 o'clock p. m.

;J O'CLOCK P. M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present. Leave of absence was granted to the following members, to-wit: Messrs. Ashley and Buchan.

TUESDAY, SEP'.rEllfBER 27, IR87.

873

By unanimous consent, the. following bill was taken up and the Senate amendments thereto were concurred in,
to-wit: A bill to amend an act to incorporate the Bank of Thom-
asville in this State, approved March 3, 1875.
Mr. Harrison, chairman of the Committee on Corporations, submitted the following report :

..llr. Speaker :
The Committee on Corporations have had under consideration the following bill, which I am instructed to report hack to the Honse with the recommendation that it do pass, to-wit :
A bill to authorize the Mayor and Council of the town of Dublin to appropriate any moneys arising from licenses to sell spirituous or malt liquors to the support of the sC'hool in said town. Proof correct.
Respectfully submitted. WILLIAM HARRISON, Chairman:
Mr. Felton, chairman of the Committee on Agriculture, submitted the following report :
Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, whieh they recommend do pass, by substitute, to-wit :
A Lill to establish an Agricnltnral Experimental Station in this State, etc.
Also, the following bills, which they recommend no not pass, to-wit :
A bill to establish two Agricultural Experimental Farms and one Station in this State, etc. Also, a bill to establish in this State two Experimental Farms and Stations, to be known as the Georgia Experiment Stations, to provide for the appointment of a Board fo Directors, etc.

874

JouRNAL OF THE HousE.

Also, the following \;>ill, which they recommend be re.committed to the Committee on General Judiciary, to-wit:
A bill to amend section 4595 of the Code of Georgia, etc. Respectfully submitted.
W. H. FELTON. Chairman.

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

Mr. Speaker:
The Committee on Enrollment report a;;; duly enrolled and ready for the signatures ot the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Houston.
Also, an act to amend an act to incorporate theW est End and Atlanta Street Railway Company.
Also, an act to amend an act to incorporate the Van Wert Quanying and Mining Company, approved December 18, 1866.
Also, an act to incorporate the Georgia Mutual Insurance Company of Savannah.
Also, a resolution to appropriate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company of Albany, in repayment of said sum expended in repairing, refitting and preserving four twelve pounder brass Napoleon Guns.
Respectfully submitted.
IvY W. DuGGAN, Chairman.

Under a suspension of the rules, the fqllowing bill W88 read the third time; the report of the committee was agreed to; the proper legal proofs were exhibitf'd, and the bill passerl by the requisite constitutional majority; yeas 100, nays 0, to-wit:
A bill to amend the charter of Americus, Georgia, etc.

TUESDAY, SEPTEMBER 27, 1887.

875

By unanimous consent, House bill No. 483 was taken up, and the Senate amendments thereto were concurred in.

Upon motion, House bill No. 220 was taken up, and the

same reinstated upon the calendar.



House bill No. 220 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the 'Vhole House, Mr. Harrison of Quitman in the chair.

Mr. Harrison, chairman of the Committee of the 'Vhole House, submitted the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 220, which they instmct me to report back with the recommendation that the same do pass, as amended.
The following bill was then read the thitd time ; upon agreeing to the report of the committee and the passage of the bill the previous question was called, which call was sustained and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to. Upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the :;ame provided for an appropriation.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Greene,

Arnheim,

Bailey,

Belt.

Berner,

Birch more,

Branch,

Brown of Cherokee

Calvin,

'

Cameron,

Clay of Cobb,

Hagan, Ham, Harrell of Decatur, Harrison of Quitman. Harris of Columbia, Hayes, Henry, Holleman, Hughes, Huff, Humphries of Brooks,

Page, Peeple>, Perry, PiLLman, Preston. Reid, Reilley, Rich, Hussell of Chatham, Schofield, Shewmake,

876

JouRNAL oF THE HousE.

Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, Fonte, Franklin of Thomas, Gardner, Gordon, Green of Clay, Greene of 1fadison, Gresham, Grindle,

Humphries of Clinch, Hunt, Hutc.hison, Iler, Kenan, Kimbrough, Lam11r, Lanier, Little of T!ilbot, Lumsden. Mathews, ::\'IIltlney, Morgan, McCord, 11cLane. McLendon, McCleskey, Newton, Olive,

Sims, Smith of Glynn, Smith of Jeft'erson, Stewart of Mitchell, Stewart of Rockdale, Strickland, Veazey, Vickers, Walker of ~'loyd, Walker of Putnam, Watson, Way, Weil, Whaley, West, Whelchel, Williums of ,Jackson, vVilliams of Upson, Wilson.

Those voting in the negative were Messrs.-

Atkinson, Black, Blalock, Brady, Brewster. Candler, Fagan, Featherston, Frrtnklin of Fnnnin, Gibson, Hnle. Hand, Harrell of W ebstcr, Harper,

Henderson, Hi!. <>f Meriwether,
Hill of "'il kes, Hol111nd, Howard, Kennedy. 11ills, Mixon, Monrve,
~IeGbee,
McGarrity. 1IcKibben, Nichols, Norris,

Pickett, Ray, Rawls, Rountree, Simmons. ~mith of Ur11wford, Stovall, Terrell, The mas, Wheeler, Williouns of Harris, Wilcox, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Ashley, Bray. , Brown of Henry, Buehan, Chappell, Clay of W nlton, DuBose, Durrance. Evans,

Griffith, Hart, Harrison of Franklin, Harris of Catoosrt, Harvey, Hawkins, Howell, Johnson of DeKalb, Johnson of Echols, Johnson of Screven,

P11rker, Perkins, Reynolds, Hussell of Clarke, Russell of Polk, Smith of Gwinnett, Stevens, Stewart of Marion, Tate, Taylor,

TUESDAY, SEPTEMBER 27, 1887.

877

Felton of Bartow, Fortner,_ Fordham, Gamble, Glenn,

Jones, Key, Madden, Moye, }fcMichael,

Vaughn, Vining, Watts, _ Mr. Speaker.

Yeas 90. Nays -H. Not voting 4-L

Having received the requisite constitutional majority the

bill passed, as amended, to-wit :



A bill to appropriate the sum of $4,000 to the lTniver-' sity of Georgia, to enable the tt ustees thereof to complete and furnish the buildings of the branch of said university at Thomasville.
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 88, nays 3, to-wit:

A bill to amend section 9 of the General Tax Act for 1887 and 1888.

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 0, to-wit :

A bill to define what is posting lands when required by any general or local law of 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 90, nays 0, to-wit:

A bill to provide for the appointment and commissioning of a surgeon for each light battery of artillery of volun-
teers.

House bill No. 590 was taken up for a third reading; as the samf! provided for an appropriation, the House went into Committee of the Whole House, Mr. Harrell, of Decatur, in the chair.

Mr. Harrell, of Decatur, chairman of the Committee of the Whole House, submitted the following report :

878

JouRNAL oF THE HousE.

Mr. Speaker:

The Committee of the Whole House have had under consideration House bill No. 590, which they have instructed me to report back to the House, with the recommendation that the same do pass, as amended.

The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill, as amended; upon the passage of the bill, it was necessary tha.t the vote should be taken by yeas and nays, as the same provided for an appropriation.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Berner, Birch more. Blalock, Branch, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Clay of Cobb, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Fagan, Felton of Bibb Felton of Macon, Featherston,

Harrell of Decatur, Norris,

Harrell of Webster, Olivo,

Harper.

Page,

Harris of Catoosa,

Peeples,

Harris o1 Columbia, Perry,

Hayes,

Pickett,

Henry,

Pittman,

Henderson,

Preston,

Hill of Meriwether, Ray,

Hill of Wilkes,

Rawls,

Holland,

Reid,

Holleman,

Reilley,

Hughes,

Rich,

Huff,

Rountree,

Humphries of Brooks, Russell of Polk,

Hurr.phries of Clinch, Schofield,

Hunt,

Shewmake,

Hutchison,

Simmons,

ller,

Sims,

Johnson of DeKalb, Smith of Glynn,

J ohnsor. of Screven, Smith of J efterson,

Kenan,

Stevens,

Kennedy,

Stewart of Mitchell,

Kimbrough,

Stewart of Rockdale,

Lamar,

8tovall,

Lanier,

Strickland,

Little of Talbot.

Terrell,

Lumsden,

Thomas,

Mauney,

Vickers,

TUESDAY, SEPTF.MBER 27, 1887.

879

l'oute, Franklin of Fannin, Franklin of Thomas,
Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Grindle, Hagan, Hale, Ham, Hand,

Mills, Mixon. Monroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, Newton, Nichols.

Walker of Floyd, Walker of Putnam, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham

Those not voting were Messrs.-

Ashley, Black, Brady, Bray, Brown of Henry, Buchau, Chappell, Clay of Walton, DuBose, Durrance, Evans, Felton of Bartow, Fortner, Fore bam, Gamble,

Griffith, Hart, Harrison of Franklin, Harrison of Quitman, Harvey, Hawkins, Howard, Howell, Johnson of Echols, Jones, Key, Madden, Mathews, McMichael, Parker,

Perkins, Reynolds, Russell of Chatham, Russell of Clarke, Smith of Crawford, Smith of Gwinnett, Stewart of Marion, Tate, Taylor, Vaughn, Veazey, Vming, Watts, Watson, Mr. Speaker.

Yeas 130. Nays 0. Not voting 45.

Having received the requisite constitutional majority the bill passed as amended, to-wit :
A bill to make an appropriation to pay MadiRon M. Carswell, of Clinch county, in this State, tor an artificial arm under an act approved December 4, 1866, etc.
The following bill was read the third time; upon this hill the previous question was called which call was sustained, and the main question ordered.
The report of the committee which was favorable to the

880

JOURNAL OF THE HoUSE;

passage of the bill, was agreed to; upon the passage of the bill the yeas and nays were called for, which call was 808_ tained.
Upon the call of the roll of the House the following was the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of' Elbert, Adams of Greene, Bailey, Belt, Berner, Birchmore, Black, Brady, Brown of Cherokee, Calvin, Candler, Clay of Walton, Cook. Darden, Duggan, Fagan, Felton of Bibb, Felton of Macon, Featherston, Foute, Gibson, Green of Clay, Green of Madison, Gresham, Hale, Hand, Harrell of De0atur, Harris of Catoosa,

Harris of Columbia, Perry,

Hayes,

Pickett,

Henry,

Pittman,

Hill of Meriwether, Prebton,

Hill of Wilkes,

Ray,

Hughes,

Rawls,

Humphries of Clinch, Reid,

Hunt,

Reilley,

Hutchison,

Rich,

Iler,

Russell of Polk,

Johnson of DeKalb, Shewmake,

Kenan,

Simmons,

Kennedy,

Sims,

Lamar,

Smith of Glyn11,

Lanier,

Smith of Jefferson,

Little of Talbot,

Stevens,

Lumsden,

Stewart of Rockdale,

Matthews,

Stovall,

Morgan,

Terrell,

McCord,

Walker of Floyd,

McLane,

Walker.of Putnam,

McGarrity,

Watson,

~IcLendon,

Way,

McKibben,

Whaley,

Nichols,

Williams of Harris,

Norris,

Williams of Jackson,

Olive,

Worsham.

Page,

Those voting in the negative were Messrs.-

Branch, Brewster, Cameron, Clay of Cobb, Coggins, Comer, Crawford, Denny,

Hagan,

Peeples,

Hart,

Schofield,

Harrell of Webster, Stewart of Mitchell,

Harper,

Thomas,

Henderson.

Vickers,

Holland,

West,

Huff:

Wheeler,

Humphries of Brooks, Whelchel,

TUESDAY, SEPTEMBER 2,...,, 11o.}87.

881

])odgen, .Fnmklin of Ftmnin,
Gardner, Grindle,

Kimbrough, Mills, Monroe,

Williams of Upson, 'Wilcox, Wilson.

Those not voting are Messrs.-

Arnheim, Ashley, Atkinson, Blalock, Bray, Brown of Henry, Buchan, Chappell. l:oney, DuBose, Durrance, Evans. Felton of Bartow, Fortner, Fordham, Franklin of Thomas, Gamble, Gordon, Glenn, Griffith,

Ham, Harrison of Franli:lin, Harrison of Quitman, Harvey, Hawkins, Holleman. Howard. Howell, .Johnwn of Echols. ,Johnson of Screven, Jones, Key, :\lad den, :\Iauney, Mixon, ltoye,; McGhee, McCleskey, McMicha'll,

Newton .. Parker, Perkins, Reynolds, Rountree .. Russell of Chatham,. Russell of Clarke. tlrnith of Crawford. Smith of Gwinnett, Stewart of Marion, Strick! an\ Tate. Taylor, Vaughn, Veazey, Vining, Watts, Wei!, Mr. Speaker.

Yeas 83. Nays 34. Not voting )8.

Not receiving the requisite constitutional maiority, the bill was lost, to-wit:

A bill to make it unlawful for any itinerant trader or
peddler to vend, sell or expose for sale, goods, wares, merchandise or oth~r articles upon the land or premises of any person against the consent of the owner of such land or
premises; to prescribe a penalty theretor, etc.

Mr. Felton, chairman on part of the House of the Committee on Judicial Circuits, submitted the following report:

Mr. Speaker:
The Joint Committee of the House and Senate on Judicial Circuits have had under consideration House bill No. 441~ which is a bill to be entitled an act to amend an act entitled
56

882

JouRNAL oF THE HousE.

an act to create and organize a new judicial circuit of the Superior Courts of this Sta.te, approved September 8, 1885, by striking therefrom the provisos at the end of the first section; and they have instructed me, as chairman of the Committee on the part of the House, to report the same back to the House with the recommendation that the same do pass, by substitute.
Respectfully submitted.
vY. H. FELTON, of Bibb, Chairman.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Wednesday, September 28, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brtlwster, .()alvin. Cameron, Candler,

Harrell of Webster, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of .Meriwether, Hill of Wilkes, Holland, Holleman. Howard, Howell. Hughes,

Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Clarke, Russell of Polk, Schofield,

WEDNESDAY, SEPTEMBER 28, 1887.

883

Chappell, Clay of Cobb, Clay ef Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute, Franklin of Fa>tnin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham, Hand, Harrell of Decatur,

Huff,

Shewmake,

Humphries of Brooks, Simmons,

Humphries of Clinch, Sims,

Hunt,

Smith of Crawford,

Hutchison,

Smith of Glynn,

Iler,

Smith of Gwinnett,

Johnson of DeKalb, Smith of Jefferson,

Johnson of Echols, Stevens,

Johnson ofSc,.,ven, Stewart of Mitchell,

Kenan,

Stewart of Rockdale,

Kennedy,

Stewart of Marion,

Key,

Stovall,

Kimbrough,

Strickland,

Lamar,

Tate,

Lanier,

Taylor,

Little of Talbot,

Terrell,

Lumsden,

Thomas,

Madden,

Vaughn,

Mathews,

Veazey,

Mauney,

Vickers,

Mills,

Vining,

Mixon,

Walker of Floyd,

Monroe,

Walker of Putnam,

Morgan.

Watts,

Moye,

Watson,

McCord,

Way,

McLane,

Whaley,

McGhee,

West,

McGarrity,

Wheeler,

McLendon, McKibben,

Whelchel. Williams of Harris,

McCleskey,

Williams of Jackson.

Newton,

Williams of Upson,

Nichols,

Wilcox,

Norris,

Wilson,

Olive,

Worsham,

Page,

Mr. Speaker.

Those absent were Messrs.-

Arnheim, Ashley, Bray, Buchan, DuBose,

Fortner, Fordham, Hart, Harrison of Franklin,

Jones, McMichael, Russell of Chatham, Wei!,

Mr. Ray, of the Committee on Journals, reported that

884

JOURNAL OF '.rHE HOB"tiE.

the Journal of yesterday's proceedings had been examined and found correct.
The Journal was then read and approved.
Leave of absence were granted to the following members: Messrs. Lumsden and Harvey.
Pending the reading of the Journal, Mr. Berner gave notice that at the proper time he would move to reconsider so much of the action of the House had on yesterday, so far as relates to House bill Xo. ,)95.
Mr. Berner moved to reconsider so much of the action of the House had yesterday, relating to House bill No. 595.
Upon this motion, the previous question was called, which call was sustained and the main question ordered, and the motion to reconsider prevailed.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

M'l'. Speake'/' :
The Senate has passed the following bill of the Senate by the requisite constitutional majority, yeas 23, nays 7, towit:
A bill to better protect the lives and persons of passengers and employees on railroad trains against accident, by prohibiting the running of trains within this State by overworked officers and employees, and to provide a penalty therefor.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitu tional majority, to-wit:
A bill to establish the City Court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officer~ thereof; to define their powers and duties, and for other purposes ; passed by the requisite constitutional majority ; yeas 27, nays 0.
Also, a bill to carry into effect the amendment to article

WEDNESDAY, SEPTEMBER 28, 1887.

885

7, section 1, paragraph 1 of the Constitution of 1877, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service ; passed by the requisite constitutional majority ; yeas :32, nays 3.
The following message was received from the Senate
through Mr. ,V. A. Harris, Secretary theteof:

Mr. Speaker :
The Senate insists on its amendment to the following bill of the House, to-wit :
A bill to regulate the mannet of conducting educational institutions in this State, and to protect the right of colored and white people, and provide penalties for infractions of the provisions of this act, and for other purposes, and I am instructed to inform the House of the action of the Senate at once.
'
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment repotts as duly enrolled and ready for the signatures of the Speaker of the Honse and President of the Senate the following acts, to wit:
An act to amend an act to incorporate the Bank of Thomasville.
Ah;o, an act to provide for the payment of accounts of road contracts against Chattooga county for work done m the year 1874 upon the public roads of said county.
Also, an act to amend section 9 of an act entitied an act to amend the charter of the city of Dalton.
Also, an act to amend an act establishing a new charter for the city of Atlanta; approved February 28, 1874, and the several acts amendatory thereot.
Also, an act to create and provide a Board of As&essors of real estate and personal pl'Operty subject to taxation for the county of Chatham.

8R6

JouRNAL oF THE HousE.

Also, an act to amend an act incorporating the town of

Fort Valley, in Houston county, approved September 27

1883.

'

Also, an act to refund to A. C. Daniel thirty-nine dollars
and eighty-nine cents, raised on .a tax fl. fa. in excess of
tax due.
Also, an act to amend an act incorporating the town of Carnesville, in Franklin county, approved August 24, 1872.
Also, an act to incorporate the First Volunteer Regiment of Georgia.
Also, an act to prohibit practicing attorneys-at-law from being jury commissioners.
Also, an act to authorize the Mayor and Aldermen of Savannah to require ihe improving of the streets.
Respectfully submitted. lYY W. DuGGAN, Chairman.

Mr. Gordon, 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 instmct me to return to the House with the recommendation that it do pal's, as amended, to-wit:
A bill to make appropriations for the years 1887 and 1888 to supply deficiences in the several appropriations for the expenses of the Govemment and for other purposes.
Respectfully submitted. "\V)L W. GoRDON, Chairman.

Mr. Harrison, of Quitman, offered the following resolution, to-wit:
Resolved, That the special order for this hour be displaced, to be made a continuing order (next after the conclusion has been reached on House bill No. 642), and that a vote on said continuing order shall be taken at 12 meridian on Wednesday, the 4th day of October next.

WEDNESDAY, SEPTEMBER 28, 1887.

887

Mr. Glenn moved to amend by taking up the special . order for the day.
Mr. Harrison, of Quitman, withdrew his resolution, and the motion ot Mr. Glenn prevailed.
House resolution No. 121 was taken up, which was the special order.
The resolution was read the third time. Pending the discussion of the resolution, the followin~ resolution was read and adopted to-wit:
Resolved, That the present special order be made the continued special order of the morning sessions until disposed of.
Pending consideration of House resolution No. 121, the House adjourned until 3 o'clock p. m.

3 O'CLOCK P. )[.
The House met pursuant to adjournment and wo:.s called to order by the Speaker.
The roll wa<> called and a quorum was found to be present.
By unanimous consent the following House bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to amend the charter of the Commercia1. Bank of Augusta.
Under a suspension of the rules the following House bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to establish the City Court of Newnan, etc.
Mr. McLendon, chairman pro tem. of the Committee on Railroads, submitted the following rep01t:
Mr. Speaker :
The Committee on Railroads have had under consideration the following bills, which they have instructed me to

888

JouRXAL OF THE HousE.

leport back to the House, with the recommendation that \hey do pass, to-wit:
A bill to incorporate the Thomasville and Northern Rail-
way Company, and for other purposes. Also, a bill to incorporate the Buena Vista and Ellaville
Railroad Company; to ratify and confirm the charter now granted; to confirm the change of terminus, extend its line,
~tc.
Also, a bill to amend an act incorporating the Thomasville and Augusta Railway Company.
They haYe also had under consideration the following bills which they have instructed me to report back to the Howse with the recommendation that they do passage amended, to-wit:
A bill to ratify and confirm the Florida Midland and Georgia Railroad Company's charter, obtained on February 20, 1884, under general law, and for other purposes.
Also, a bill to incorporate the Albany Street Railroad Company, and for other purposes connected therewith.
They La\'e also hau under con~Sideration the following bill of the Senate which I am instructed to report back to the House with the recommendation that it do pass as amended, to-wit:
A bill to incorporate the Waycross Air-Line Railroad Company, and for other purposes.
Respectfully submitted.
S. G. McLENDON, Chairman protem.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker: The Committee on Enrollment reports as duly enrolled,
and signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit :
An act to make operative the provisions of the stock law as to Fulton county.

WEDNESDAY, SEPTEMBER 28, 1887.

889

Also, an act to amend paragraph 30, section 1, of an aet approved March 2, 1874, entitled an act to organize a County Court in each of the CI)Unties of Calhoun, Baker,
Quitman and Miller. Also, an act to relieve P. F. Addison and D. J. Hoges in
the cases of H. D. McDaniel, Governor of the State of Georgia, against Rachel Baty or alias Rachel Kimball, principal, and D. J. Hoges and P. F. Addison, securities.
Also, an act to prohibit the manufacture or sale of tlpirituous or malt liquors within one mile ot the Odd Fellows Hall at Caines, Gwinnett county, Georgia.
Also, an act to prohibit the manufacture or sale of alcoholic, spirituous or malt liquors within two miles of Trinity Methodist Church in the county of Gwinnett.
Also, an act to create a Board of Commissioners of Roadii and Revenues tor the county of Irwin.
Also, an act to incorporate the Citizens Banks of Savannah.
Also, an act to amend an act to incorporate the Bank of Thomasville.
Also, an act to incorporate the Bank of Cuthbert. Also, an act to incorporate the Cartersville, Marysville and Knoxville Air-Line Railroad Company. Also, an act providing for the registration of qualified voters in Terrell county. Also, an act to ratitv and confirm the charter ot the Eatonton and Madison Railway Company, obtained under the general law.
Also, an act to incorporate the Thomasville, Florida and Western Railway Company.
Also, an act to incorporate the Macon and Alabama.Railway Company.
Also, an act to incorporate the Louisville, Waynesboro and Alexander Railway Company.
1 Also, an act to amend an act entitled an act to repeal an act entitled an act to so far modify the laws against lotteries as to .enable William W. Boyd and others to adopt a scheme
to ra1se money for the purpose of building a home for and
supporting indigent widows and orphans.

890

JouRNAl. m THE HousE.

Also, an act to repeal "iO much of an act entitled an act.
, to amend an act regulating the tavern license in this State
approved December 15, 1859, so far as the same relate& to the county of Wilcox.
Also, an act to create a Board of Commissioners of Roadsand Revenues for the county of Clayton.
Also, an act to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence.
Also, an act to amend an !Wt entitled an act to authorize and tequire the registration of all voters in the county of Cobb.
Respectfully submitted. IvY W. DuGGAN, Chairman.

Under a suspension of the rules, House bill No. 514 was taken up, and upon motion the House agreed to insist in its refusal to coneur in the Senate amendments thereto.
By unanimous consent, the following bill was read the third time; the report of the committe, was agreed to, as amended; the proper legal proofs wt>re exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 4, to-wit:
A bill to prevent the running at large in Lee county, Georgia, of all horses, mules, cattle, Hheep, goats, swine, etc.; to ptovide penalties, etc.
By unanimous consent, House bill No. 542 was taken up and the Senate amendments thereto were concuned in.
By unanimous consent, Senate bill No. 70 was recoro mitted to Committee on Railroads.
By unanimom; consent, the following House bill was read the second time, to-wit :
A bill to make additional appropriations for the years 1887 and 1888 to supply deficience'3 in the several appro priations for the expenses of the Government, and for l)ther purposes.

WEDNESDAY, SEPTEllfBER 28, 1887.

891

The following House bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill, by substitute, and the bill passed by substitute by the requisite constitutional majority, yeas 94, nays 2, to-wit :
A bill to amend an act entitled an act to create and organize a new judicial circuit of the Superior Courts of this State, approved September 8, 1885, by striking therefrom the proviso at the end of the first section.
By unanimous consent, the following bill was taken up and read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to amend an act, entitled an act to incorporate the town of Montezuma, in the county of Macon, etc.
Upon motion, House bill No. 441 was ordered to be immediately transmitted to the Senate.
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 104, nays 0, to-wit:
A bill to incorporate the Albany, Cuthbert and Western Railroad Company, etc.
The following bill was read the third time; the report of the committee WhS agreed to, and the bill passed by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill to amend section 3322 of the Code of Georgia.
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, y<'as 96, nays 0, to-wit:
. A bill to incorporate the Augusta, Gibson and SandersVIi~e Railroad Company; to confirm the charter under WhiCh said Company is now acting, and for other purposes.

892

JouRNAL oF THE HousE.

The following bill was read the third time; the report of the committee was agreed to as amended, aud the bill passed as amended by the requisite constitutional majority, yeas 102, nays 0, to-wit:
A bill to incorpomte the Augusta, Thomasville and Gulf Railroad Company; to define its powers, privileges, etc.
r pon motion, the House adjourned until to-morrow morn-
ing at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, September 29, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams elf Greene, Arnheim, Atkinson, Bailey, Belt, Berner, Birch more. Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster. Calvin, Cameron, Uandler,

Hand, Harrell of Decatur, Harrell of 1Ve l>ster. Harrison of Franklin, Harrison of ~uitman, Harper, Harris of Catoosa, Harris of Columbia, Hawkins. Hayes. Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, HowelL Hughes,

Page. Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reillev, Reynolds, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Shewmake,

THURSDAY, SEPTEMBER 29, 1887.

893

Chappell, Clay of Cobb, Clay of Walton, COggins, Comer, Coney, Cook, Crawford,

Huft; Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of DeKalb, Johnson of Echols,

Simmons, Si_ms, Smith of Crawford, Smith of Glynn, Smith of Gwinneti, Smith of Jefferson, Stevens, Stewart of Mitchell,

Darden, Denney,

Johnson of Screven, Stewart of Rockdale.

Kenan.

Stewart of Marion,

Dodgen,

Kennedy,

Stovall,

DuBose,

Key,

Strickland,

Duggan,

Kimbrough,

Tate,

Durrance,

Lamar,

Taylor,

EvllnS,

Lanier,

Terrell,

Fagan,

Little of Talbot,

Thomas,

Felton of Bartow,

Lumsden,

Vaughn,

Felton of Bibb,

Madden,

Veazey,

Felton of Macon,

Mathews,

Vickers,

.Featherston, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham

Mauney, Mills, Mixon, Monroe, Morgan, McCord, McLane, :\IcGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael. ~~ ew LOn, Nichols, Norris. Olive,

Walker of Floyd, Walker ot Putnam, Watts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaktr.

Those absent were Messrs.-

Ashley, Buchan, Fortner, Fordham,

Hart, Harvey, Jones,

Moye, Parker, Vining.

Mr. Williams, of Upson, of the Committee on Journals,
reported that the Journal had been examined and found correct.
The Journal was then read and approved.

894

JOURNAL OF THE HoUSE.

The following message was received from the Senate,
through Mr. vV. A. Harris, the Secretary thereof:
Mr. Speaker :
The Senate has passed the following bill of the Senate by the requisite constitutional majority, yeas 23, nays 0, to-wit:
A bill to be entitled an act to amend the general tax act for 1887 and 1888.
The Senate has abo passed the following bill of the House by the requisite constitutional majority, yeas 31, nays 0, to-wit:
A bill to make County Commissioners, Tax Receivers and Tax Collectors, members of the County Board of Education, County School CommissionerR, Ordinaries, and County Treasurers incompetent to serve as grand jurors during their term of office.
The Senate has also passed the fol!owing resolution of the House, with certain amendments, by the requisite constitutional majority, yeas 25, nays 6, to-wit:
A resolution to authorize the sale or lease of certain property belonging to the State.
Mr. Walker, chairman of the Committee on Temperance, submitted the following report :
Mr. Speaket:
The Committee on Temperance have had under consideration the following bills, which they request me to report back to the House with the recommendation that they rlo not pass, to-wit:
A bill entitled an act to prohibit the sale of liquors within three miles of the churches in the town of Belton.
Also, a bill entitled an act to amend an act to submit to the legal voters of Taylor county the question of the prohibition of the sale of spirituous and malt liquors in said county.
Respectfully submitted. N. S. WALKER, Chairman.

THURSDAY, SEPTEMBER 29, 1887.

895

Leave of absence was granted to the following members, to-wit: Messrs. Greene of Clay, Worsham~ Holliman, .Stewart of Mitchell, Page, Ashley, Walker of Putnam, and Reilly.
By unanimous consent, Senate bill No. 72 was recommitted to the Committee on Agriculture.
The hour for the special order having arrived, upon motion the special ordet was taken up, which was the further consideration of House resolution No. 121.
Pending the consideration of the resolution, the House -adjourned until 3 o'clock p. m.

3 O'CLOCK P. M.
The House met pursuant to adjournment and was cl\lled to order by the Speaker.
Upon motion the roll call was dispensed with. By unanimous consent, the following resolution was taken up, and the Senate amendments thereto were concurred in as amended, to-wit :
A resolution to authorize the sale or lease of certain property belonging to the State.
By unanimous consent, the following bill was read the second time, to-wit :
A bill to ratify and confirm the Florida Midland and Georgia Railroad Company's charter, obtained on February 20, 1884, under general law, etc.
Mr. Duggan, chairman of the C.)mmittee on Enrollment, submitted the following report :
Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit :

896

JouRNAL oF THE HousE.

. An act t? ~rohibit practicing attorneys-at-law from being JUry commissiOners.
Also, an act to incorporate the First Volunteer Regiment of Georgia.
Also, an act to amend an act to incorporate the Van Wert Quarrying and Mining Company; approved December 18, 1861i.
Also, an act to authorize the Mayor and Aldermen of the city of Savannah to require the grading and improving of streets.
Also, an act to amend section 9 of an act entitl~d an act to amend the charter of the city of Dalton, approvrd Oct.ober 5, 1885.
Also, an act to amend an act incorporating the town of Fort Valley, in Houston county, approved September 27, 1883.
Also, an act to refund to A. C. Daniel $39,89 raised out of
a tax ft. fa. in excess of tax due.
Also, an act to amend an act incorporating the town of Cartersville, approved August 24, 187~.
Also, an act to c:eate and provide a Board of Assessors of real and personal property, subject to taxation, for the county of Chatham.
Also, an act to amend an act to incorpomte the West End and Atlanta Street Railway Company, and for other purposes, approved August 26, 1872.
Also, an act to amend an act entitled au act to create a Board of Commissioners of Roads and Revenues for the county of Houi<ton, and. for other purposes, approved Feb ruary 28, 1874.
Also, au act to provide for the payment of accounts of road contracts against Chattooga county for work done in the year 1884 upon the public roads of said county.
Also, an act to incorporate the Georgia Mutual Insurance
Company of Savannah. Also, an act to amend an act establishing a new charter
for the (~ity of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.

THURSDAY, SEPTEMBER 29, 1887.

~97

Also, a resolution to appropriate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company of Albany in repayment of said sum expended in repairing
guns. Respectfully submitted. IVY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speakerofthe Honse and President of the Senate, the following acts, to-wit :

An act to incorporate the Guaranty Mutual Fire Insur-
ance Company. Also, an act to authorize the wardens and vestry of Trin-
ity Church of Columbus Georgia, to sell, and by proper deeds to convey titles to certain lands held by them.
Respectfully submitted. IvY W. DuGGAN, Chairman.

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

Mr. Speaker:

The Committee on Finance have had under consideration

the following resolutions, which they instruct me to return

to the House with the recommendation that they do pass,

as amended, to-wit :

A resolution for the relief of James H. Tootle, of the

county of Montgomery.

Also, a resolution appropriating one hundred and twenty-

five dollars for the hire of clerks employed by the Joint

Committee to investigate the affairs of the Western and

Atlantic Railroad.

Also, the following resolutions, which they instruct me

to return to the House, with the recommendation that they

do not pass, to-wit :

.

57

898

JouRNAL OF THE HousE.

A resolution for the relief of J. A. Flournoy. Also, a Senate rm>olution appointing a Joint Committee from the :Senate and House to whom all resolutions in reference to the Western and Atlantic Railroad be referred.
Also, the following resolution which they instruct ma to
return to the HousP. with the recommendation that the introducer be allowed to withdraw, to-wit:
A resolution directing the Treasurer of the State of Georgia to pay to T. R. Ramspeck, administrator on the estate of the late E. M. Word, Senator frum the 34th Senatorial District, his per diem and mileage for .the full term for which he wai:l elected a member of the General Assembly.
Respectfully submitted. W:r.I. W. GORDON, Chairman.
Mr. Felton, of Macon, Phairman of the Committee of Agriculture, submitted the following report:

~Hr.~!!.~:
The Committee on Agriculture have had under consideration the following Senate bill which they instruct me to re-
port back with the recommendation that the same do pass,
to-wit:
A bill to amend section 4595 of the Code of 1882 so as to make said section apply to tenant, laborer, or cropper using and making false and fraudulent promises to obtain advances in money or other valuable things, thereby cheating and defrauding any person.
Respectfully submitted. W. H. FELTON, Chairman.
Mr. Chappell, chairman of the Committee on Railtoads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consider& tion the following bills, which I am directed to report back, with the recommendation that they do pass, as amended, to-wit:

THURSDAY, SEPTEMBER 29, 1887.

899

Senate bill No. 70 to incorporate the New Life Water Power and Granite Railway Company.
Also, House bill No. 901 to incorporate the Chattahoo-
chee Terminal Company. Also, House bill No. 1015 to incorporate the Hephzibah
and Hawkinsville Railroad Company. Respectfully submitted. THos. J. CHAPPELL, Chairman.
Mr. Reilly, chairman of the Commietee on Military Affairs, submitted the following report:

J1r. Speaker:
Che Committee on Military Affairs 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 exempt one hundred and twenty-five members of the Atlanta Rifles from jury duty.
Also, the following bill which I am instructed to return to the House, with the recommendation that it do not pass, to-wit :
A bill to amend an act providing for the bettet organization, government and discipline of the volunteer troops of this State, by striking out so much of section 12 of said act as grants exemption from jury duty to special pay members.
They have also had under consideration the following bill, which I am instructed to report back to the House with the recommendation that it do pass, by substitute, towit:
A bill to amend the several acts providing for the better organization, government and discipline of the volunteer troops of this State, etc.
Respectfully submitted. PETER REILLY, Chairman.
By unanimous consent, the following resolution was read
and adopted, to-wit:

900

JoURNAL oF THE HousE.

By Mr. HowellA resolution authorizing Mr. Horace Bradley to make
<lertain improvements in the Hill portrait.
By unanimous consent, House bill No. 933 was taken up for a third reading; as the same provided for an appropriation the House went into a Committee of the Whole House, Mr. West in the chair.
Mr. West, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

The Commiltee of the 'Vhole House have had under c~nsideration House bill No. 933, which they instruct me to report back with the recommendation that the same do pass, as amended.

The following bill was read the third time; the report of ~he committee was agreed to; upon the passage of the bill, it was necessary that the vote should be taken by the yeas and nays, as the bill provided for an appropriation.

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative are Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Belt. Berner, Birchmore, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell,

Harrell of Decatur, Peeples,

Harrell of Webster, Perkins,

Harrison of Franklin, Pickett,

Harper,

Pittman,

Harris of Columbia, Preston,

Hayes,

Ray,

Henry,

Rawls,

Henderson,

Reid,

Hill of Meriwether, Rich,

Hill of Wilkes,

Rountree,

Holland,

Russell of Chatham,

Howard,

Russell of Clarke,

Howell,

Schofield,

Hughes,

Shewmake,

Humphries of Brooks, Simmons,

Hunt,

Sims,

Hutchison,

Smith of Crawford,

THURSDAY, SEPTEMBER 29, 1887.

901

Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Crawford, Darden, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Greene of Madison, Gresham, Grindle, Hagan, Hale, Ham,

Iler, Johnson of Echols, ,Johnson of Screven, Ken&!\, Kennedy. Key, Kimbrough, Lamar, Lanier, Lumsden, Mauney, Mills, Mixon,.! Monroe, Morgan, McCord, McLane, McGhee, McLendon, McKibben, McCleskey, Newton, Nichols, Olive,

Smith of Glynn, Srriith of Gwin nett, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Watts, Watson, Wei!, Whaley, West, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox.

Those not voting were Messrs.-

Ashley, Bailey, Black, Bray, Buchan, Coney, Denney, DuBose, Felton of Macon, Featherston, Fortner, Fordham, Foute,
Franklin of Thomas, Glenn,
Greene of Clay, Griffith,

Hand, Hart, Harrison of Quitman, Harris of Catoosa, Harvey, Hawkins, Holleman, Huff, Humphries of Cline:. Johnson of DeKalb, Jones, Little of Talbot, Madden, Mathews, Moye, McGarrity, McMichael,

Norris, Page, Parker, Perry, Reilley, Reynolds, Russell of Polk, Stevens, Stewart of Mitcl1ell, Vaughn, Vining, Walker of Putnam Way,; Wheeler, Wilson, Worsham. Mr. Speaker.

Yeas, 124. Nays, 0. Not voting, 51.

902

JouRNAL OF THE Hous:E.

Having receive.d the requisite constitutional majority, the bill passed, as amended, to-wit:
A bill to make additional appropriations for the years 1887 and 1888 to supply deficiencies in the several appropriations for the expenses of the Government, etc.
The following bill was read the third time; the report of the Committee was agreed to, which was favorable to the passage of the bill by substitute; the proper legal proofs were exhibited, and the bill passed by substitute by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill for the relief of Miles G. Copeland, Tax Collector of Greene county.

Mr. Speaker:

The joint committee appointed to examine into the condition of the business before the General Assembly and report upon a day for final adjournment, beg leave to submit the following- report. They find t~e business before the Senate, as follows:

Bills read the first time .

46

Bills read the second time .

7

Bills on table . . . . . .

16

Senate resolutions . . . .

3

House bills iu the Senate read the first time

78

Read the second time . . . .

3

Reconsidered and recommitted

5

On table . . . .

3

House resolutions

7

Total

168

They find the business before the Honse, as follows:

House bills for third reading . . . . . . . . . 195

House bills for second reading, adversely reported . 166

House resolutions for second reading .

2

House bill on the table . . . .

24

House resolutions on the table . . . .

14

THURSDAY, SEPTEMBER 29, 1887.

903

Senate bills for third reading . .

16

Senate bills for !!econd reading .

Senate bills for first reading .

1

Bills in hands of committees . . ..

200

Total business before the House . Total business before the Senate .

. 618 . 168

Total before both houses . .

. 786

This large volume of business represents the work of the session yet undisposed of, and its p1 esent coudition makes it necessary to consider the question whether the General Assembly will follow the expressed disposition of its members and adjourn within the next few days or remain in session and transact the public business which has reached a point, where to abandon it, would be to lose not only the result of legislative labors thereon and the expense incurred in connection therewith, but probably necessitate the introduction of many of these measure!> into some future legislature.
The committee have conferred t0gether with a desite to accomplish both objects in view, viz: an early adjournment and a proper disposition of the public businesss, and they believe that if both Houses will employ the utmost dispatch in the performance of their duties, au adjournment may be had by the 20th of October; the committee, therefore recommend for adoption the following resolution :

Resolved, By the Senate and House of Representatives, that the Geneml Assembly adjourn 8ine die on October 20.
Respectfully submitted. JOHNS. DAVIDSON,
J. L. HACIID,
w. M. HAWKES,
Committee on Part of the Senate.

"\Vl\L A. LrrTLE,
R. L. BERNER,
c. T. BELT,
Committee on Part of ike House.

904

JouRNAL oF THE HousE.

The resolu.tion embodied in the report of the committee was, upon motion of Mr. Belt, adopted, to-wit :

. Resolved, By
that the General

the Senate Assembly

daondadjHoounrnsesionfeRdeiepreosnenthtaeti2v0etsh'

day of October next.

The following bill was read the thitd time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 93, nays 0, to-wit:

A bill to incorporate the Albany Street Railroad Company, etc.

The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited ; upon thfl passage of the bill the yeas were 71, nays 20 ; not receiving the requisite constitutional majority, the bill was lost, to-wit:
A bill to amend an act entitled an act to incorporate the town of Jewell's Mills, in the counties of Warren and Hancock, etc.; approved August :24, 1872.

Mr. Veazey offered the following resolution, to-wit:

Resolved, That on an after to-day the Honse shall hold night sessions, convening at 7:30 p. m., and continue during the pleasure of the House.
Pending the consideration of the resolution, Mr. Pittman moved to adjourn.
Upon this motion, the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adam& of Elbert, Birch more, Brown of Henry, Candler, Clay of Cobb, Cook,

Grindle, Ham, Hand, Harris of Catoosa, Harris of Columbia, Hayes,

}{organ, Perkins. Pickett, Pittman, Rawls, Schofield,

THURSDAY, SEPTEMBER 29, 1887.

905

Crawford, Darden, Dodgen, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Gardner, Greene of Madison,

Henderson, Howard, Hughes, Humphries of Brooks, Ilumphries of Clinch, Johnson of Echols, Kenan, Lumsden, Monroe,

Stovall, Strickland, Walker ot Floyd, Way, Wei!, West, Whelchel, Williams ot Jackson. Wilson,

Those voting in the negative were Messrs.-

Adams of Greene, Bailey, Belt, Berner, Black, Blalock, Brady, Branch, Brown of Cherokee, Brewster, Calvin, Chappell, Clay of Walton, Coggins, Comer, Coney, Denney, Duggan, Durrance, Evans, Felton of Macon, Foute, Franklin of Fannin, Gamble, Gibson,

Glenn, Gresham, Hagan, Hale, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Henry, Hill ot Meriwether, Holland, Hunt, Hutchison, Iler, Johnson of DeKalb, Lamar, Mauney, Mills, McLane, McGhee, McKibben, Newton, Nichols, Olive, Peeples,

Perry, Preston, Ray, Reilley, Rich, Rountree, Russell of Chatham, Russell of Polk, Shewmake, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Watts, Whaley, Wheeler, Williams of Harris, Williams of Upson, Wilcox.

Thosenot voting were Messrs.-

Arnheim, Ashley, Atkinson, Bray, Buchan, Cameron, DuBose, Fortner, Fordham,

Howell, Huff, Johnson of Screven, Jones, Kennedy, Key, Kimbrough, Lanier, Little of Talbot,

Page, Parker, Reid, Reynolds, Ru~sell of Clarke, Simrnon8, Sims, Smith of Crawford, Smith of Glynn,

906

JouRNAL oF THE HousE.

Franklin of Thomas, Gordon, Green of Clay, Griffith, Hart, Harrison of Quitman, Harvey, Hawkins, Hill of Wilkes, Holleman,

Madden, Mathews, Mixon, Moye, McCord, McGarrity, McLendon, McCleskey, McMichael, Norris,

Smith of Gwinnett, Stevens, Stewart of Mitchell, Vaughn, Vining, Walker of Putnam, Watson, Worsham, Mr. Speaker.

Yeas 45. Nays 74. Not voting 56.

So the motion was lost. Mr. Felton moved to lay the resolution and amendments on the table.

Upon the motion to table, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the Honse, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Brady, Brown of Henry, Cook, Darden, Dodgen, Fagan, Felton of Bartow, Felton of Bibb, Featherston, J3'oute, Gardner, Greene of Madison,

Grindle,

Monroe,

Ham,

Morgan,

Hand,

Perkins,

Harris of Catoosa,

Pickett,

Hayes,

Pittman,

Henderson,

Rawls,

Howard,

Schofield,

Hughes,

Shewmake,

Huff,

t;tovall,

Humphries of Brooks, Strickland,

Johnson of Echols, Weil,

Kenan,

Whelchel,

Kimbrough,

Wilcox,

Lumsden,

Wilson,

Those voting in the negative were Messrs.-

Adams of Greene, Bailey, Berner, Black, Blalock, Branch, Brown of Cherokee,

Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper. Henry, Hill of Meriwether, Holland,

Perry, Preston, Ray, Rich, Rountree, Russell of Chatham, Russell of Polk,

THURSDAY, SEPTEMBER 29, 1887.

907

Brewster, Calvin, Candler, Chappell, Clay of Walton, Coggins, Denney, Duggan, Durrance, Evans, Franklin of Fannin, Gamble, Gibson, Glenn, Gresham, Hagan, Hale,

Humphries of Clinch, Hunt, Hutchison, ller, Johnson of DeKalb, Lamar, Lanier, I.ittle of Talbot. Mauney, Ui:ls, McLane, McGhee, McKibben, Newton, Nichols. Ohvn, Peeples,

Simmons, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Watts, West, Wheeler, Williams of Harris, Williams of Jackson, Williams of Upson

Those not voting were Messrs.-

Ashley, Atkinson, Belt, Birchmore. Bray, Buchan, Cameron, Clay of Cobb, Comer, Coney, Crawford, DuBose, Felton of Macon, Fortner, Ford.ham, Franklin of Thomas, Gordou, Green of Clay, Griffith, Hart,
Harrison of Quitman,

Harris ot Columbia, Harvey, Hawkins, Hill of Wilkes, Holleman, Howell, Johnsor. of Screven, Jones, Kennedy, Key, Madden, Mathews, Mixon. Moye, McCord, McGarrity,
~lcLendun,
McCleskey, McMichael, Norris, Page,

Parker, Reid, Reilley, Reynolds, Russell of Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Vaughn, Vming, Walker of Floyd, Walker of Putnam, Watson, \Vay, Whaley, Worsham, Mr. Speaker.

Yeas 42. Nays 71. Not voting 62.

So the call was sustained;
Mr. Hayes moved to adjourn.
Upon the motion to adjourn the yeas and nays were called for.

908

JOURNAL 0~' THE HOUSE.

Upon sustaining the call for the yeas and nays no quorum voted.

The Speaker caused the roll to be called to ascertain if a.

quorum was present. The roll was called and the following members answered

to their names :

Those present were Messrs.-

Adams of Elbert, Adams flf Greene, Arnbeim, Berner, Birchmore, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Chappell, Olay of Walton, Coggins, Comer, Coney, Cook, Cmwford, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fordham, Foute, Franklin of Fannin, Gamble, Gibson, Glenn, Greene of Madison, Gresham, Grindle,

Hagan, Hale, Ham Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hayes, Henry, Henderson, Hill of Meriwether, Howard, Hughes, Hutt; Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Kenan, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Mauney, Mills, Monroe, Morgan, McLane, McGhee, McKibben,
..L~ewL..on,
Nichols, Norris,

Olive, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Rich, Rountree, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Simmons, Stewart of Rockdale, Stewart of Marion, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Watts, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris: Williams of Jackson, Williams of Upson, Wilcox, Wilson, Mr. Speaker.

THURSDAY, SEPTEMBER 29, 1887.

909

Those absent were Messrs.-

Ashley, Atkinson, Bailey, Belt, Bray, Buchan, Cameron, Candler, Clay of Cobb, DuBose, Felton of Macon, Fortner, Franklin of Thomas, Gardner, Gordon, Green of Clay, Griffith, Hand, Hart, Harrison of Quitman,

Harris of Columbia, Harvey, Hawkins, Hill of Wilkes, Holland, Holleman, Howell, Johnson of DeKalb, Johnson of Screven, Jones, Key, Madden, Mathews, Mixon, Moye, McCord, McGarrity, McLendon, McCleskey, McMichael.

Page, Parker, Reid, Reilley, Reynolds, Russell ot Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stovall, Vaughn, Vining. Walker of Putnam, Watson, Way, worsham.

A quorum was found to be present. The call for the yeas and nays were sustained.
Upon the call of the roll the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Birch more, Brady, Brown of Henry, Comer, Cook, Crawford, Darden, Dodgen, Fagan, Felton of Bartow, Felton of .Bibb, Foute, Gibson,
Greene of Madison,

Ham, Hayes, Henderson, Howard, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Johnson of Echols, Kenan, Kennedy, Kimbrough, Mauney, Perkins, Perry,

Pickett, Pittman, Rawls, Rich, Schofield, Shewmake, Simmons, Strickland, Tate, Thomas, Wei!, Whelchel. Williams of Jackson. Wilcox, Wilson,

910

JouRNAL OF THE HousE.

Those voting in the negative were Messrs.-

Adams of Greene,

Hale,

Berner,

Harrell of Decatur,

Black,

Harrell of Webster,

Blalock,

Harrison of Franklin,

Branch,

Harper,

Brown of Cherokee, Harris of Catoosa,

BrtJwster,

Henry,

.)alvin.

Hill of Meriwether,

Chappell,

Hunt,

Clay of Walton,

Iler.

Coggins,

Lamar,

Coney,

Lanier,

Denney,

Little of Talbot,

Durrance,

Lumsden,

Evans,

Mills,

Featherston,

Monroe,

Fordham,

Morgan,

Franklin of Fal\nin, McLane,

Gamble,

McGhee,

Glenn,

McKibben,

Gresham,

Newton,

Hagan,

Nichols,

Those not voting were Messrs.-

Ashley,

Harrison of Quitman,

Atkinson,

Harris of Columbia,

Belt,

Harvey,

Bailey,

Hawkins,

Bray,

Hill of Wilkes,

Buchan,

Holland,

Cameron,

Holleman,

Candler,

Howell.

Clay of Cobb,

Johnson of DeKalb,

DuBose,

Jphnson of Screven,

Duggan,

Jones,

Felton of Macon,

Key,

Fortner,

Madden,

Franklin of Thomas, Mathews,

Gardner,

Moye,

Gordon,

McCord,

Green of Clay,

McGarrity,

Griffith,

McLendon,

Grindle,

McCleskey,

Hand,

McMichael,

Hart,

Page,

Norris, Olive, Peeples, Preston, Ray, Rountree, Russell of Chatham, Russell of Polk, Stewart of Rockdale,. tltewart of Marion, Taylor, Terrell, Veazey, Vickers, Walker of Floyd, "'-Natts, Whaley, West, Wheeler, Williams of Harris, ~illiams of Upson,
Parker, Reid, Reilley, Reynolds, Russell of Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of J elferson Stevens, Stewart of Mitchell, Stovall, Vaughn, Vining, Walker of Putnam, Watson, Way, Worsham, Mr. Speaker. Mixon,

Yeas, 47. Nays, 65. Not voting, 63.

THURSDAY, SEPTEMBER 29, 1887.

911

So the motion to table was lost.

Mr. Dodgen moved to adjourn. Upon the motion to adjourn the yeas and nays were called for, which call was sustained.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Brady, Brown of Henry, Calvin, Cameron, Candler, Uomer, Crawford, Darden, Dodgen, Duggan, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fordham, Foute,

Gardner, Greene of :Madison, Grindle, Ham, Hand, Harris of Catoosa, Hayes, Henderson, Howard, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hut..;hison, Johnson of DeKalb, Johnson of Echols, Kenan, Kimbrough,

Morgan, Perkins, Pickett, Rawls, Rich, Schofield, Shewmake, Simmons. Stovall, Strickland, Tate, The mas, Vickers, Wei!, Whelchel, Williams of Jackson. Wilcox, Wilson.

Those voting in the negative were Messrs.-

Adams of Greene,

Berner,

Birchmore,

Black,

Blalock,

Branch,

Brown of Cherokee,

Brewster,

Chappell,

Coggins,

Coney,

Cook,

Denney,

Durrance,

Evans,

Franklin of Fannin

Gamble,

'

Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Henry, Hill of Meriwether, Holland, Hunt, Iler, Lamar, Lanier, Little of Talbot, Lumsden, Mauney, Mills, Monroe, McLane,

Olive, Peeples, Perry, Preston, Ray, Rountree, Russell of Chatham, Russell of Polk, Stewart of Rockdale, Stewart of Marion, Taylor, Terrell, Veazey, Walker of l!'loyd, Watts, Whaley, West,

912

JouRNAL oF THE HousE.

Glenn, Gresham, Hagan, Hale,

McGhee, McKibben, Newton, Nichols,

Wheeler, Williams of Harris, Williams of Upeon.

Those not voting were Messrs.-

Ashley, Atkinson, Bailey, Belt. Bray, Buchan, Clay of Cobb, Clay of Walton, DuBose, Felton of Macon, Fortner, Franklin of Thomas, Gibson, Gordon, Green of Clay, Griffith, Hart, Harrison of Quitman. Harris of Columbia, Harvey,

Hawkins, Hill of Wilkes, Holleman, Howell, Johnson of Screven, Jones, Kennedy, Key, Madden, Mathews, Mixon, Moye, McCord, McGarrity, McLendon, McCleskey, McMichael, Norris, Page, Parker,

PiLtman, Reid, Reilley, Reynolds, Russell of Clarke, Sims, Smith of Crllwford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Vaughn, Vining, Walker of Putnam, Watson, Way, Worsham, Mr. Speaker.

Yeas 54. Nays 62. Not voting 59.

So the motion to adjourn was lost.
Mr. Cook called the previous question. Upon the que8tion of sustaining the call, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Birchmore, Black, Blalock, Brady, Branch, Brown of Henry,

Glenn, Gresham, Hagan, Hale, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper,

Olive, Peeples, Preston, Ray, Rountree Russell of Chatham, Russell of Polk, Simmons,

THURSDAY, SEPTEMBER 29, 1887.

913

Brown of Cherokee, Calvin, Chappell, Clay of Walton, Coggins, Comer, Uoney, Cook. Denny, Duggan, Durrance, Evans. Fagan, Fordham, .l<'oute, Franklin of Fannin, Gamble, Gibson,

Harris of Catoosa, Henry, Hill of Meriwether, Hughes, Hunt, Hutchison, Iler, Lamar, Lanier, Little of T11lbot, Mauney. Mills, McLane, l\lcGbee, }lcKibben, Newton, Nichols.

Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Taylor, Terrell, Veazey, Vickers, Walker of Floyd, Watts, Whaley, West. Wheeler, Williams ot Harris,. Williams of Jackson, Williams of Upson,. 'Vilcox,

Those voting in the negative were Messrs.-

A.dams of Elbert, Brewster, Crawford, Darden, Dodgen, Felton of Bartow, Felton of Bibb, Gardner, Green of Madison, Grindle, Ham,

Hayes,

Perkins,

Henderson.

Perry,

Howard,

Pickett,

Huff',

Rawls,

Humphries of Brooks, Rich,

Humphries of Clinch, Schofield,

.Johnson of Echols, Shewmake,

Kimbrough,

Stricklan~,

Lumsden,

Wei!,

Monroe,

Whelchel,

:Morgan,

Wilson.

Those not voting are Messrs.-

Ashley, Atkinson, Bailey, Belt, Berner, Bray, Buchan, C11meron, Candler, Clay of Cobb, DuBose, Felton of Macon Featherston, '
58

Harvey, Hawkins, Hill of Wilkes, Holland, Holleman, Howell, Johnson of DeKalb, ,Johnson.of Screven, Jones, Kenan, Kennedy, Key, Madden,

Page, Parker, Pittman, Reid, Reilley, Reynolds, Russell of Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens,

914

JouRNAL oF THE HousE;

Fortner, Franklin of Thomas, Gordon, Green of Clay, Griffith, Hand, Hart, Harrison of Quitman, Harris of Columbia,

Matthews, Mixon, Moye, McCord, McGarrity, McLendon, McCleskey, McMicha<Jl, Norris,

Stewart of .Mitchell, Thomas, Vaughn, Vining, Walker of Putnam, Watson, Way, Worsham. Mr. Speaker.

Yeas 76. Nays 33. Not voting 66.

So the motion to adjourn was lost, and the main question was ordered to be put, when the following resolution was
adopted in lien of the original, to-wit:

Resolved, That.on and after Monday, the 3d day of October next, in addition to the daily sessions, there shall be evening sessions of the Honse on Mondays, Wednesdays and Fridays of each week, during the balance of the term, from 7:30 o'clock.

By unanimous consent, the following bill was read the second time, to-wit:

A bill to incorporate the Waynesboro Loan and Improvement Company, etc.

Leave of absence was granted to the following members,

to-wit: Messrs. Felton of Macon, Key, Cook, Lanier,

Hunt, Kennedy and Kimbrough.

The House then adjourned until to-morrow morning, at

9 o'clock.



ATLANTA, GEORGIA,
Friday, September 30, 1887.
The Honse met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names:

FRIDAY, SEPTEMBER 30, 1887.

915

Those present were Messrs.-

Adams'of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey,
~elt,
Bern~r.
Birch more, Black, Blalock, Brady, Bray, Branch, Brown of Henry, Brown of Cherokee, Brewster, Calvin. Cameron, Candler, Chappell, Clay of Cobb, ()lay of Walton, Coggins, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, Fouta, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson,

Harrell of Webster, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henry, Henderson, Hill of .Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphrias of Clinch, Hunt, Hutchison, ller, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kenan, Kennedy, Key, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McCord, McLane, McGhee,

Parker; Peeples,: Perkins, Perry, Pickett, Pittman, Preston,; Rawls, Ray, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stewart of Marion, Strickland, Tate, Taylor, Stovall, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, watts, Watson, Way, Wei!, Whaley, West,

916

JOURNAL OF THE HousE.

Gordon, Glenn, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale, Ham, Hand,

McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton, Nichols, Norris, Olive, Page,

Wheeler, Whelchel, Williams of Barris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, )[r. Speaker.

Those absent were Messrs.-

Ashley, Buchan, Oook, Felton of Macon,

Green of Clay, Hart, Harvey, Jones,

Kimbrough, Stewart of Mitchell, Vining.

Mr. Lumsden, of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

The Journal was then read and approved.

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

Mr. Speaker:
The Senate has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A hill to provide for the registration of voters in the county of Floyd; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to define the offense of black-mail and to prescribe a penalty for same; passrd by the requisite constitutional majority ; yeas 30, nays 0.
Also, a bill to alter and amend the act of October 12th, 1885, providing for the registration of voters in Telfair county; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to prevent fishing, hunting or otherwise trespassing on the lands of another in the county of Washington after being notified by the owner, agent or lesAee to

FRIDAY, SEPTEMBER 30, 1887.

917

keep off the same; passed by the requisite constitutional

majority; yeas 30, nays 0.

Also, a bill to protect fish in the Hiawassee River in

Towns county above the mouth of Little Chaistaie, on

U. R. McConnell's land; passed by the requisite constitu-

tional majority; yeas 26, nays 0.
a Also, bill to require the Clerk of t!:le Superior Court

of each county to procure and keep a duplex index book

of the written instruments of record in his office; passed by

the requisite constitutional majority ; yeas 30, nays 0.

Also, a bill to appropriate the sum of $27.18 for the pay-

ment of executive warrant No. 57, issued by the Governor

in favor of Jas. H. Warrill for his salary as Solicitor Gen-

eral of the Chattahoochee Circuit; passed by the requisite

constitutional majority ; yeas 33 nays 0.

Also, a bill to designate the officers of the County Court

ot Terrell and to provide for their compensation ; passed by

the requisite constitutional majority; yeas 32, nays 0.

Also, a bill to authorize and require the registration of

all voters in the county of Bartow; passed by the requisite

constitutional majority ; yeas 31, nays 0. Also, a bill to relieve D. W. Price, ex-County Treasurer

of Douglass county, etc.; passed by the requisite constitu-

tional majority; yeas 26, nays 0.

Also, a bill to incorporate the Turtle and Altamaha

Rivers Canal Company; passed by the requisite constitutional majority; yeas 25, nays 0.

Also, a bill to relieve Jame,; Jordan in the case of H. D.

McDaniel, Governor, against Wm. V. Gary, p1inmpal; J. W. Ga1y and James Jordan, securitie~; passed by the

requisite

constitutional

maJ oritv ")

yeas

30'

navs "

0.

Also, a bill to provide for the amendment of affidavits

to foreclose liens; passed by the requisite constitutional majority; yeas 25, nays 0.

Also, a bill to amend an act establishing a new charter

for the city of Atlanta, approved February 28, 187-!; passed

by the requisite constitutional majority; yeas 28, nays 0.

Also, a bill to provide for the disposition and appropria-

918

JouRNAL oF THE HousE.

tion to public bridges in Dodge county; passed by the

requisite constitutional majority; yeas 30, nays 0,

Also, a bill to amend section 2138 of the Code of Georgia;

passed by the requisite constitutional majority; yeas 32,

nays 0.

Also, a bill to prohibit the sale of intoxicating liquors

within in the

four lOth

dmisiltersicot foMf MouenritwZeitohnerCcoolournetdy;Mpeatshseoddibsyt cthhuerrceh-'

quisite constitutional majority; yeas 32, nays 0.

Also, a bill to fix the compensation of the Sheriff of the

Supreme Court, and to provide for the manner of its pay-

ment; passed by the requisite c"nstitntional majority;

yeas 30, nays 0.

The Sen'ate has also refused to pass the following hill of the Honse, to-wit:

A bill to authorize juries in certain felony cases to recommend the defendant to mercy.

The Senate has also passed the following resolutions of the Honse, by the requisite cm1stitutionalmajority, to-wit:

A resolution for the relief of the Home Provident Safety :Fund Association of New York ; passed by the requisite constitutional majority; yeas 34, nays 0.
Also, a resolution for the relief of Henry J. Lamar, of the county of Bibb; passed by the requisite constitutional majority; yeas 32, nays 0.
The Senate has also passed the following bills of the House by the requisite constitutional majority, with certain amendments, to-wit :

A bill to amend the charter of the town of Warrenton; passed by the requisite constitutional majority; yeas 30,
nays 0. Also, a bill to incorporate the Bank of Sandersville;
passed by the requisite constitutional majority; yeas 29,
nays 0. Also, a bill to allow the s~tle of property taken in trover,
where neither plaintiff nor defendant replevies in the same

FRIDAY, SEPTEMBER 30, 1887.

. 919.

manner as is now permitted in cases of levy under attachment; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to make it unlawful for any person to shoot or trap, .or in any manner kill any buck, doe or fawn, wild partridge, etc., running at large in the county of Jasper, between the first day of March and the 15th of October of each year; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to require defendants in ejectment cases to withdraw affidavits of forgery made to plaintiffs deeds in all cases where it shall appear that said deeds have been lost or destroyed; passed by the requisite constitutional majority; yeas 34, nays 0.
The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend section 3523 of the Code of Georgia; passed by the requisite constitutional majority; yeas 33, nays 0.
Also, a bill to authorize the City Council of Augusta to collect by execution, to be enforced and to have the same lien upon the premises in or upon which the water may be used, as executions for city taxes, all sums due said City Council for water rent; passed by the requisite constitutional majority; yeas ;12, nay'> 0.
Also, a bill to authorize the City Council of Augusta to pave and macadamize streets when petitioned so tn do by owners of property and for other purposes; passed by the requisite constitutional majority; yeas 31, nays 0.
Leave of absence were granted to the following members, to-wit: Messrs. Humphries of Btooks, Smith of J efierson, Kimbrough, Comer, Little of Muscogee, Perry, Nichols, Walker of Floyd, Norris, Gardner, Veazey, Gibson, Dodgen, Gamble, Black, Mixon and Brown of Cherokee.
Mr. Calvin offered the following resolution, which was read and adopted, to-wit:

920

JouRNAL oF THE HousE.

Resolved, That until otherwise ordered, the sessions of
. ., this House shall be as follows : Meet at 8 o'clock' a m
and adjourn at 12:30 p. m.; meet at 2:30 p. m., and adjourn
at 6 p.m.
The hour for the special order having arriv~d, upon motion, House resolution No. 121 was taken up.
Upon motion, the original preamble and resolution was read.
Pending the consideration of HouEe resolution .No. 121, upon motion, the House adjourned until 2:30 o'clock p.m.

3 O'CLOCK P. M.

The House met pursuant to adjournment and was called to order by Mr. Clay, Speaker pro tem.

The roll was called and a quorum was found to be present.

By unanimous consent, the following bill was taken up and read tiH third time; the report ot the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite cousti t utional majority, yeas 91, nays 0, to-wit:

A bill to ratify and confirm and amend the charter of the town of Choakie, Lee county, Georgia.

By unanimous consent, the following bill was taken up and the same read the third time; the report of the committee was agreed to ; tLe proper legal proofs were exhibited, and the bill passed, as amended, by t;-;e requisite constitutional majority, yeas 90, nays O, to- wit:

A bill 12 of the

tcohsatrrtiekreoof utth' ealtteorwannrol famHeanrdmsoonymuGcrhovoef

section as pre-

scribes the mode and manner of levying taxes, and the

amount that may be levied, and for other purposes.

Leave of absence were granted to the following members, to-wit: Messrs. Hart, Denney, Branch, Blalock, McGhee,

FRIDAY, SEPTEMBER 30, 1887. .

921

Adams of Greene, Henry, McLendon, Fagan and Morgan. Leave of absence was granted to the Committee on Cor-
porations from the evening session.
Mr. Calvin, chairman of the Committee on Education,
submitted the following report :

Mr. Speaker :
The Committee on Education have had under consideration House bill No. 881, the title of which is a bill to be entitled-an act to authorize any municipal corporation in this State to establish a system of public schools within the corporate limits of the same and to levy taxes for the support of said system; and have instructed me to report the same back to the House with a request that it be read a second time and recommitted.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
Mr. Russell, of Clatke, chairman of the Committee on Banks, submitted the following report:

Mr. Speaker:
The Committee on Bank.:; have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same rlo pass, to-wit :
A bill to be entitled an act to incorporate the Blue Ridge Banking, Loan and Trust Company.
Also, a bill to be entitled an act to incorporate the Merchaut:;' and Mechanic:;' Banking and Luau Company of Atlanta, Georgia.
Respectfully submitted. R. B. RusSELL, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker :
The Committee on Finance have had under consideration

922

JouRNAL OF THE HousE.

the following resolutions, which they instruct me to return

to the House with the recommendation that they do pa~s

to-wit :

.'

A resolution for the relief of J no. B. Paulk, of the county of Irwin.
Also, a resolution for the relief of the National Life and Maturity Association of Washington, D. C.

They have also had under consideration the following bill of the Senate, which they instruct me to return to the House with the recommendation that it do pa'3s, as amended, to-wit:

A bill to regulate the business of Insurance in this State, and for other purposes.
They have also had under co?sideration the following bills and resolutions, which they instruct me to return to the House with the recommendation that they do not pass, to-wit:

A bill to relieve S. I. Dennard, ex-Tax Collector of Wil-
kinson county, and securities from penalties imposed by the Comptroller-General.
Also, a bill to increase the compensation of Receiver and Collector of Taxes in this State, and for other purposes.
Also, a resolution for the relief of J. L. Kennedy, of the county of Pike, and for other purposes.
Respectfully submitted.
vVM. w. GoRDON, Chairman.

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

Mr. Speaker :

The Committee on Enrollment reports as duly enrolled, ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:

An act to amend the charter of the Commercial Bank of Augusta.
Also, an act to authorize and require the registration of all voters in the county of Bartow.

FRIDAY, SEPTEMBER 30, 1887.

923

ersA, lsToa' xanCaocltletoctomras,kemCeomubn. etyrsCoomf mthisesioCnoeursn,t

Tax Receivy Board of

Education, County School Commissioners, Ordinaries, and

County Treasurers incompetent to serve as grand jurors

during their term of office. Also, an act to amend au act establishing a new charter
for the city of Atlanta, approved February 28, 1874, and

the several acts amendatory thereof. Also, an act for the protection of fish in the Hiwassee
River, in Towns county, above the mouth ofLittle Chaistoie, on W. K. McConnell's land, and all its con tributary waters.
Also, an act to provide for the amendments of affidavits

to foreclose liens.

Also, an act to fix the compensation of the Sheriff of the

Superior Conrt, and to provide for the manner of its pay-

ment.

Also, an act to require the Clerk of the Superior Cou;_t

ofeach county to procure and keep a duplex index book of

the written instruments of record in his office.

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

and Altamaha Rivers Canal Company.

Also, an act to define the offense of blackmail; to pre-

scribe a penalty therefor, etc.

Also, an act to alter and amend the act of October 12,

1885, providing for the registration of the voters of Telfair

county.

-

Also, an act to amend section 2138 of the Code of Georgia by inserting aftet the words "evidences of debt," in the fourth line, the words "warehouse reeei pts, elevator receipts, bills of lading and other commercial papers symbolic of property," and for other purposes.

Also, an act to prohibit the sale of spirituous, malt or vinous liquors within four miles of Mount Zion Colored

Methodist Church in the lOth district of Meriwether county. Respectfully submitted.

IvY \V. DuGGAN, Chairman.

By unanimous consent the following bills we1e intro-

924

JouRNAL OF THE HousE.

duced, read the first time and appropriately referred, towit:
By Mr. Walker, of PutnamA bill to appropriate $5,000 for the purpose of providing
a Home or House of Refuge for such unchaste women and girls as may exptess a desire to forsake their sinful habits and return to the paths ot virtue.
Referred to Committee on Temperance.
By Mr. CandlerA bill for the relief of the Mutual Reserve Fund Life
Association. Referred to Committee on Finance.
By Mr. MixonA bill to prohibit the manufacture and sale of any spirit-
uous, vinous, ma It or other intoxicating liquors in the 746th district G. l\I., of Coweta county, GE>orgia, etc.
Referred to Committee on Temperance.
By Mr. 'Villiams, of UpsonA bill to provide for the payment of jurors who are
summoned to try question of damages arising from the lay. ing out of public roads in this State.
Referred to Committee on Special Judiciary.
By Mr. PrestonA bill to allow all Confederate soldiers of the State of
Georgia to peddle without license in the State, etc. Referred to Committee on Finance. Mr. Duggan, chairman of the Committee on Enrollment,
submitted the following report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit:
An act to authorize and teqnire the registration of all voters in the county of Bartow.

FRIDAY, SEPTEMBER 30, 1887.

925

Also, an act to authorize the wardens and vestry of the Trinity Church of Columbus, Georgia, to sell and by proper deeds to convey title to certain lands held by them for
church purposes in Columbus, Gel)rgia. Also, an act to incorporate the Guaranty Mutual Fire
Insurance Company. Respectfully submitted. IvY W. DuGGAN, Chairman.

The following message was received from his Excellency the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:
Mt. Speaker:
The Governor has approved and signed the following acts, to-wit:
An act to incorporate the Citizens Bank of Savannah; to provide for the merger of the Citizens Mutual Loan Company into said bank, and for other purposes.
Also, an act to amend an act to incorporate the Bank of Thomasville in this State, approved March 3, 1875, and for other purposes.
Also, an act to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence, and not elsewhere, etc.
Also, an act to relieve P. F. Addison and D. J. Hayes in the cases of H. D. McDaniel, Governor, etc., versus Rachael Baty, alias Kimball, principal, and P. F. Addison and D. J. Haye8, securities, etc.
.\.!so, an act to ratify and confirm the charter of the Eatonton and Madison Railway Company, obtained under the general law for the incorporation of railroafls in this State, etc.
Also, an act to incorpor:tte the Thomasville, Florida and Western Railway Company.

926

JouRNAL OF THE HousE.

Also, an act to incorporate the Cartersville, Mary&ville and Knoxville Air-Line Railroad Company.
Als0, an act to refund to A. C. Daniel thirty-nine dollars
and eighty-nine cents, raised on a tax fl. fa. in excess ofthe'
tax due. Also, an act to incorporate the Louisville, Waynesboro
and Alexander Railroad Company. Also, an act to incorporate the First Volunteer Regiment
of Georgia; to empower the same to acquire, hold and dispose of property and to issue bonds which may be lien thereon, and for other purposes.
Also, an act to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows' Hall, at Caines, Gwinnett county.
Also, an act to prohibit practicing attorneys-at-law from being jury commissioners in this State.
Also, an act to repeal so much of an act entitled an act to amend the act regulating the tavern license of this State,
as approved December 15th, 1809, so far the same relates
to the county of Wilcox, and to define the fees of the Ordinary of Chatham county in this State, as fixes the fees of the Ocdinary of said county of Chatham, and to fix the fees of said Ordinary the same fees and compensation allowed' the Ordinaries in this State, etc.
Also, an act to create and provide a Board of Assessors. of real and personal property subject to taxation for the county of Chatham, and for other purposes.
Also, an act to prohibit the manufacture or sale of alcoholic, spirituous or malt liquors within two miles of Trinity Methodist Church in the county of Gwinnett.
Also, an act to incorporate the Bank of Cuthbert, to be. located in Cuthbert, Georgia.
Also, an act to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Houston, approved February 28, 1874, so as to fix the term of office of the members of said board; provide for the election of the same, and for other purposes.
Also, an act to amend an act to incorporate the Van

FRIDAY, SEP'.rEl\IBER 30, 1887.

927

Wert Quarrying and Mining Company, approved Decewber 18, 1866, by giving additional powers and extending the time of said corporation.
Also, an act to amend an act incorporating the town of Fort Valley, in Houston c?unty; approved September 27,
1883. Also, an act to amend section 9 of an act to amend the
eharter of the city of Dalton, approved October 5, 1885. Also, an act to provide for the registration of the quali-
fied voters' in Terrell county, Georgia, and for other purposes.
The Governor has also approved the following resolution to-wit:
A resolution to appropriate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company of Albany in repayment of said sum expended in repairing their guns.
By unanimous consent, House bill No. 881 was recommitted to Committee on Education.
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 98, nays 4, to-wit :
A bill to amend the charter of the Atlanta and Hawkinsville Railroad Company; to change the name thereof to the Atlanta and Florida Railroad Company ; to authorize the extension thereof to the Florida line, etc.
House bill No. 634 was taken up for a third reading, and, upon motion, the bill was tabled.
By unanimous consent, House resolutir>n No. 210 was recommitted to Committee on Finance.
By unanimous consent, Senate bill No. 82 was recommitted to Committee on Special Judiciary.
Under a suspension of the rules, House bill No. 217 was taken up, and the following amendments to the Sanate amendments were concurred in, to-wit:

928

JouRNAL oF THE HousE.

Amend the 1st amendment of the Senate by inserting in the lOth line of page 2, after the word "dollars," the words: "For loss of one eye fifteen dollars ; for total or partial loss of hearing whereby the applicant is permanently disabled for the ordinary pursuits of life, fiftt!en dollars.
Amend 1st amendment by striking the word "twenty dollars" as compensation for loss of leg below the knee and insert in lieu thereof twenty-five dollars.
Also, amend the same by striking out the words, "thirty dollars" as compensation for loss of leg above 'the knee, and insert in lieu therefor the words, "thirty-five dollars."
Pending the consideration of the other Senate amendments proposed, the bill was, upon motion, recommitted t() the Committee on Finance.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed uy the requisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall and Banks, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited and the bill passed by the requisite constitutional majority, yeas 90, nays O, to-wit:
A bill to amend the existing charters of the town of Adairsville, in Bartow county, etc.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for the signatures ot the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to relieve James Jordan in the case of H. D. McDaniel, Governor of Georgia, against Wm. V. Gray, principal; J. W. Gray and James Jordan, securities on said bond and judgment, and to declare said judgment and

FRIDAY, SEPTEMBER 30, 1887.

929

execution null and void, and of no effect as~to James Jordan. Also, an act to appropriate the sum of twenty-seven dol-
lars and eighteen cents for the payment of executive warrant No. 57, issued by the Governor in favor of James H.
Worrill. Also, an act to prevent fishing, hunting or otherwise tres-
passing on the lands of another in the county of Washington, after being notified by the owner. agent, or lessee to keep off the same.
Also, an act to provide for the disposition and appropriation to public bridges in Dodge county ofall the moneys in the County Treasury of said county by virtue of an act to provide for the disposition of all moneys in:the hands of Superintendents of Roads and Treasurers of Boards of Road Commissioners in the State at the time of the passage of an act approved December 18, 1884, etc.
Also, an act to designate the officers of the County Court of Terrell county, etc.
Also, an act to provide for the registration of voters in the county of Floyd.
Also, a resolution for the relief ot the Home Provident Safety Fund Association of New York.
Also, a resolution for the relief of Henry J. Lamar, of the county of Bibb.
Respectfully submitted. IvY W. DuGGAN, Chairman.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to authorize and empower M. A. Hardin to close up all private ways and roads upon his farm in the 17th district and 3d section of Bartow county, Georgia, etc.
The following bill was read the third time; the report of the committee was agreed to, which was favorable to the pai!S~~e of the bill, by substitute, and the bill passed by the requ1s~te constitutional majority, yeas 88, nays 0, to-wit:

930

JouRNAL oF THE HousE.

A bill to amend section 4698 of the Code 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 majority, yeas 93, nays 0, to-wit:
A bill to change the time ofholding the Superior Court in Burke county,
The following bill was read the third time; the report of the committee was agreed to, and the bill passed as amended by the requisite constitutional majority, yeas 88, nays 0, to-wit :
A bill to incorporate the North Georgia and St. Andrews Bay Railroad Company, etc.
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 88 nays 0, to-wit:
A bill to incorporate the Carrollton, Marietta and Western Railway Company, etc.
Mr. Tate, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the following Senate bill, which they instruct me to report back to the House with the recommendation that the same do pass, to-wit:
A bill to require and provide for the registration of all voters in the county of Morgan, and to provide for carrying the same into effect, and for other purposes therein named;
Respectfully submitted. F. C. TATE, Chairman.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional' majority, yeas 89, nays O, to-wit:

FRIDAY, SEPTEMBER 30, 1887.

931

A bill to authorize and require the registration of all voters in the county of Clay, 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 89, nays 0, to-wit :
A bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to incorporate the town of Tarver, in the county of Echols, etc.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to change the manner of electing Trustees of the Effingham Academy.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authorize the Trustees of the Elbert County Male Academy to sell the property belonging to said Academy; to re-invest the proceeds of said sale, etc.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to authorize the Trustees of the Elberton Female Co~legiate Institute to sell the property of said Institute; to Invest the proceeds of sale, etc.
Upon motion, theHouse adjourned until to-morrow morning at 8 o'clock.

932

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
Saturday, October 1, 1887.

The .House met pursuant to adjournment; was called to order by the Speaker, pro tem., Mr. Clay, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Arnheim, Atkinson, Bailey, Belt, Berner, Birchmore, Bray, Brown of Henry, Brewster, Cafvin, Cameron, Uandler, Chappell, Ulay of Uobb, Ulay of Walton, Coney, Crawford, Darden, DuBose, Duggan, Durrance, Evans, Felton of Bartow, Felton of Bibb, .Featherston, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Glenn, Greene of Madison, Gordon, Griffith, Grindle, Hagan, Hale,

Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henderson, Hill of ~Ieriwether, Hill of Wilkes, Holland, Howard, Howell, Hughes, Huft; Humphries of Clinch, Hutchison, Iler, Johnson of Echols, Johnson of Screven, Key, Mathews,
~Iauney,
Mills, Monroe, Morgan, McCord, McLane, McGhee, !IcGarrity, McKibben, McCleskey, McMichael.
.l~ eWLOll,
Olive, Peeples,

Rawls, Reid, Reilley, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Thomas, Vaughn, Vickers, Walker of Floyd, Watts, Watson, Way, Wei!, Whaley, West, Wheeler, Williams of Harris, Williams of Jackson, Williams of Upson,

SATURDAY, OcTOBER 1, 1887.

933

Hand, Hart, Ham. Harrell of Decatur, Harrell of Webster,

Perkins, Pickett, Pittman, Preston, Ray,

Wilcox, Wilson, Worsham, Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Adams ef Greene, Ashley, 1 Black, Blalock, Brady, Branch, Brown of Cherokee, Buchan, Coggins, Comer, Cook, Denney, Dodgen, Fagan, Felton of Macon, Fortner, Gamble,

Gardner, Gibson, Green of Clay, Gresham, Harvey, Henry, Holleman, Humphries of Brooks, Hunt, Johnson of DeKalb, Jones, Kenan, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden,

Madden, Mixon, Moye, McLendon, Nichols, Norris, Page. Parker, Perry, Reynolds, Smith of Jefferson, Stewart of Mitchell, Terrell, Veazey, Vining. Walker of Putnam, Whelchel.

Mr. Preston, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit:

Messrs. Denny, Brady, Greene, Clay of Walton, Pickett, Lumsden, Welchel, Ham, Birchmore, Monroe, Bray, Harvey, Mixon, Watt~, Calvin and Johnson of DeKalb.
Mr. Calvin offered the following resolution which was read and adopted, to-wit:
Resolved, That the first business of this morning's session .shall be the reading a second time House bills favorably reported, and Senate bills a first and second time.
By unanimous consent, the following bill was taken up,
-and the same read the third time; the report of the com-

934

JouRNAL o~' THE HousE.

mittee was agreed to; proper legal proofs were exhibited,. and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:

A bill to amend the charter of the city of Griffin, and the amendatory acts, etc.

By unanimous consent, 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 89, nays 0, to-wit:



A bill to incorporate the Lexington Terminal Railroad Company, etc.

Under a suspension of the rules, the following bill was taken up and the same read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:

A bill to incorporate the town of Ocean City, on Tybee Island, in Chatham county, etc.

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

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bills, which they direct me to report back to the House with the recommendation that they do pass, to-wit :
Bill No. 839, entitled an act to amend sections 493 (a) (b) and (c) of the Code of Georgia, w~ich relates to the mode and manner of making contracts by county authorities, etc.
Also, bill No. 798, an act entittled an act to protect the owners of bottles used in the sale of soda water, etc.
Also, the followingbills, which they recommend do pass, by substitute, to-wit:
Bill No. 453, an act to require the Clerk of the Supreme Court, on the grant of a new trial or refusal of any case by

SATURDAY, OcTOBER 1, 1887.

935

the Supreme Court, to forward immediately without charge or costs the full opinion of the Court to be used as the law of the case.
Also, bill No. 916, to provide for the payment of the expenses of Judges of the Superior Courts outside of their own Judicial Circuit.
Also, bill No. 433 to make the burning of certain houses a felony and prescribing penalty for its violation.
Also, the following bill, which they recommend do pass, as amended, to-wit:
Bill No. 829 to provide for paying Justices of the Peace and Notaries Public of this State for making and returning to the receivers of tax returns, lists of names of all persons liable to tax on property, etc.
Also, the following bills, which they recommend do not pass, to-wit:
Bill No. 575 to alter and amend section 4625 of the Cvde of 1882.
Also, bill No. 820 to amfmd section Mi72 of the Code of 1882.
Also, bill No. 875 to amend section 1319 of the Code of 1882.
Also, bill No. 893 to amend section 1668 of the Code of 1882.
Also, bill No. 1001 to amend article 2, section 4, paragraph 6 of the Constitution.
Also, bill No. 1014 to amend paragraph 3, section 4, article 3 of the Constitution.
Respectfully submitted. R. L. BERNER, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:
Mr. Speaker :

The Committee on Finance have had under consideration the following resolution, which they instruct me to
.return to the House with the recommendation that it do pass, to-wit :

936

JouRNAL OF THE HousE.

A resolution appropriating one hundred and twenty-five dollars for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of the Western and Atlantic Railroad.
They also instruct me to return to the House the following bill, with the recommendation that it do pass, as amended, to-wit:
A bill to amend the Guano Inspection Laws of this State.
'they have also had under consideration the following bills and resolutions, which they instruct me to return to the House with the recommendation that they do not pass, to-wit:
A bill to carry into effect the last sentence of article 7, section 1, paragraph 1, of the Constitution of 1877, as amended, in relation to maimed Confederate soldiers.
Also, a bill to establish an Industrial Institute and College for the education of the girls of Georgia, and for other purposes.
Also, a bill to appropriate thirty-three dollars and thirtythree cents to M. M. Blanton, refunded liquor tax.
Also, Senate resolution requiring all itinerant venders of clocks in this State to pay an annual license fee in each county where they propose to do business.
Respecifully submitted. W:r.L W. GoRDON, Chairman.
Mr. Olive, chairman pro tem. of the Committee on Corporations, submitted the following report, to-wit :

Mr. Speaker:
The Committee on Corporations have had under consideration Senate bill No. 126, entitled an act to amend the charter of the town of South Rome, in Floyd county; and instruct me to report the same to the House with the recommendation that it do pass.
Respectfully submitted. J. T. OLIVE, Chairman pro tem.

SATURDAY, OcTOBER 1, 1887.

937

The following bills and resolutions were read the second time, to-wit:

A bill to amend an act approved October 13, 1885, in

relation to the volunteer troops of this State by adding an

additional section to said act, etc.

Also, a resolution authorizing the Governor to procure

some fit and suitable place convenien* to the Capitol for

the storage of books belonging to the State, etc.

Also, a resolution for the relief of James H. Tootle, of

the couiJ.ty of Montgomery.

Also, a resolution for the relief of .Tohn B. Paulk, of the

county of Irwin.

Also, a resolution for the relief of the National Life and

Maturity AssoCiation, of Washinoton, D. C.

Also, a resolution for the relief of J. F. Farmer, Tax

Collector of Jefferson county.

Also, a resolution appropriating the sum of one hundred

and twenty-five dollars for the hire of clerks employed by

the joint committee appointed to investigate the affairs of

the Western and Atlantic Railroad.

Also, a bill to amend an act entitled an act to amend an

act to provide for the better organization, government and

discipline of the volunteer troops of this l:;tate, etc.

Also, a bill for the relief of the estate of H. P. Dearing,

late of Clarke county, Georgia, deceased, etc.

Also, a bill to incorporate the Lowry Banking Company

of Atlanta, etc.

Also, a bill to incorporate the Thomasville and Northern

Railroad Company.

Also, a bill to authorize the Mayor and Council of the

town of Dublin to appropriate any moneys arising from

licenses to sell spirituous or malt liquors to the support of

the school in said town,

Also, a bill to amend the Guano Inspection Laws of this

State.



Also, a bill to exempt 125 members of the Alanta Rifles from jury d~ty.

93R

JouRNAL OF THE HousE.

Also, a bill to incorporate the Chattahoochee Terminal Company.
Also, a bill to alter and amend an act entitled an act to incorporate the Planters' Loan and Savings Bank, approved October 27, 1870.
Also, a bill to incorporate the Buena Vista and Ellaville Railroad Company.
Also, a bill to exempt fifty members of the Clarke Light Infantry from jury duty.
Also, a bill to incorporate the Mflrchants and Mechanical Bar.king and Loan Company of Atlanta, Georgia.
Also, a bill to incorporate the Coweta Bank, etc. Also, a bill to amend an act to incorporate the Thomasville and Augusta Railroad Company. Also, a bill to incorporate the Blue Ridge Banking, Loan and Trust Company. Also, a bill to incorporate the Hepzibah and Hawkinsville Railroad Company. Also, a bill to consolidate, amend and supercede the acts incorporating the town of Lincolnton. Also, a bill to incorporate the Merchants and Planters Bank of Carrollton, Georgia. Also, a bill making the burning of certain houses a felony. Also, a bill to require the Clerk of the Supreme Court on the grant of new trial or refusal of any case by the Supreme Court to forward immediately without charge or costs, the full opinion of the Court to be used as the law of the case. Also, a bill to protect the owners of bottles used in the sale of soda water, mineral and aerated waters, cider, ale,
etc. Also, a bill to provide for the payment of the expense
of Judges of Superior Courts outside of their Judicial Circuit.
Also, a bill to provide for paying Justices of the Peaoe and Notary Public for making returns to Receivers, etc.
Also, a bill to amend section 493 (a), (b) apd (c) ofthe
Code of Georgia.

SATURDAY, OCTOBER 1, 1887.

939

Also, a bill to require the Board of Education of Upson county to pay pro rata share of school fund to the Trustees Df Thomaston Star School, etc.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Finance, to-wit :
By Mr. GordonA bill to amend an act commonly known as the tax act
of 1887 and 1888.
The following resolution was read and adopted, to-wit:
Resolved, That when the House adjourns this morning, it be to reconvene at 9 o'clock, on Monday morning.
The following bill was taken up by unanimous consent and the same read the third time; the report of tne committee was agreed to; the proper legal proofs were exhibited and the bill passed by the requisite constitutional majority, yeas 95, nays O, to-wit:
A bill to provide for the selection of a Jury Commissioner from each militia district in the county of Habersham by a ballot of the qualified voters of each district, etc.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority; yeas 90, nays 0, to-wit:
A bill to provide for the selection of the County School Commissioner for the county of Habersham by the qualified voters of said county.
By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to, and .the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 88, nays 0, to-wit :
A bill to incorporate the Title Guarantee and Loan Company of Savannah.

940

JouRNAL oF THE HousE.

By unanimous consent, House bill No. 381 was recommitted to Committee on Special Judiciary.
By unanimous consent, House bill No. 298 was recommitted to Committee on General Judiciary.
The following Senate bills were read the first time and appropriately referred, to-wit:
By Mr. Davidson, of the 18th DistrictA bill to amend section 3523 of the Code. Referred to Committee on General Judiciary.
By Mr. Davis, of the 31st DistrictA bill to provide for the levy and sale of personal prop-
erty for purchase money, where the title to the same is retained in the vendor.
Referred to Committee on General Judiciary.
By Mr. Lewis, of the 19th DistrictA bill to amend section 4373 of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Dean, of the 42d DistrictA bill to better protect the lives and persons of passen-
gers and employees on railroad trains against accident, etc. Referred to Committee on Railroads.
By Mr. Livingston, of the 7th DistrictA bill to amend the general tax act for 1887 and 1888. Referred to Committee on Finance.
By Mr. Davidson, of the 18th DistrictA bill to authorize the City Council of Augusta to grade,
pave, macademize and otherwise improve the streets of the city of Augusta, etc.
Referred to Committee on Corporations. Also, a bill to .authorize the City Council of Augusta to collect by execution to be enforced and to have the same lien upon the premises, in or upon which the water may be used as executions for city taxes, all sums due the City Council for water rents, etc. Referred to Committee on Corporations.

SATURDAY, OcTOBER 1, 1887.

941

By Mr. Brantley, of the 3d DistrictA bill to amend an act to amend the practice in equity
as to gra~ting injunctions restricting the cutting of timber or boxing the same for turpentine purposes, approved October 13, 1885.
Referred to Committee on General Judiciary.
By Mr. Hand, of the 8th DistrictA bill to amend the charter of the town of Pelham, in
the county of Mitchell. Referred to Committee on Corporations.
The following Senate resolution was read the second time; the report of the committee, which was adverse to the pasl'lage of the resolution, was agreed to, and the resolution was lost, to-wit :
A resolution appointing a Joint Committee to whom all resolutions of the Senate and House, with reference to the Western and Atlantic railroad, shall be referred.
The following Senate bills were read the second time, to-wit:
A bill to amend section 4595 ofthe Code of 1883. Also, a bill to amend the charter of the town of South Rome, in Floyd county. Also, a bill to require and provide for the registration of all voters in the county of Morgan.
The following Senate bill was read the second time ; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit :
A bill to prohibit the sale of intoxicating liquors in three miles of the two Churches and the Academy in the town of Belton.
Mr. Calvin offered the following resolution, which was read and adopted, to-wit:
Re8olved, That the special continuing order, (resolution N?.l21), which was displaced this morning, be immediately reinstated and the consideration of the same resumed and
'

942

JouRNAL oF THE HousE.

the said resolution No. 121 shall be the continuing spooial order for each morning session, until the same shall have been disposed of.
Mr. Strickland moved to adjourn, and upon motion, the' yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the. following is the result of the vote:

Those voting in the affirmative were Messrs.-

Belt, Candler, Darden, Felton of Bartow, Franklin of Thomas, Gordon, Greene of Madison, Grindle, Ham, Harrell of Webster, Johnson of Echols,

Key, McCord, McKibben, McMichael, Perkins, Pickett, Rawls, Schofield, Shewmake, Sims, Smith of Glynn,

Smith of Gwinnett, Stewart of Rockdale,
~tovall,
Strickland, Thomas, Vaughn, Watson, Weil, Williams of Jackson, Wilcox, Wilson,

Those voting in the negative were Messrs.-

Atkinson, Bailey, Berner, Brown of Henry, Brewster, Calvin, Coney, Crawford, Duggan, Durrance, Evans, Featherston, Fordham, Franklin of Fannin, Glenn, Gresham, Griffith, Hagan, Hale,

Hand, Harrell of Decatur, Harrison of Franklin, Harper. Hawkins, Henderson, Hill of Wilkes, Holland, Hughes, Huff, Hurr,phries of Clinch, Hutchison, Iler, J ohnsor. of Screven, Mills, Monroe, McGarrity, :McCleskey, Newton,

Ohvn, Peeples, Pittman, Preston, Rich, Rountree, Russell of Chatham, Russell of Polk, Simmons, Smith of Crawford, Stewart of Marion, Taylor, Vickers, Walker of Floyd, West, Wheeler, Williams of Harris, Williams of Upson

SATURDAY, OcTOBER 1, 1887.

943

Those not voting were Messrs.-

Adams of Elbert, Ada.ms of Greene, Arnheim, Ashley, Birchmore. Black, Blalock, Brady, Branch, Bray, Brown of Cherokee, Buchan, Cameron, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Cook, Denney, Dodgen, DuBose, Fagan, Felton of Bibb, Felton of Macon, Fortner, Jl'oute, Gamble, Gardner,

Gibson,

.M.oye,

Green of Clay,

McLane,

Hart,

:McGhee,

Harrison of Quitman, McLendon,

Harris of Catoosa,

Nichols,

Harris ot Columbia, Norris,

Harvey,

Page,

Hayes,

Parker,

Henry,

Perry,

Hill of Meriwether, Ray,

Holleman,

Reid,

Howard,

Reilley,

Howell,

Reynolds,

Humphries of Brooks, Russell of Clarke,

Hunt,

Smith of Jefferson,

Johnson of DeKalb, Stevens,

Jones,

Stewart of Mitchell,

Kenan,

Tate,

Kennedy,

Terreil,

Kimbrough,

Veazey,

Lamar,

Vming,

Lanier,

Walker of Putnam,

Little of Talbot.

Watts,

Lumsden,

Way,

Madden,

Whaley,

Mathews,

Whelchel,

Mauney,

Worsham,

Mixon,

Mr. Speaker.

Morgan,

Yeas 33. Nays 56. Not voting 86.

So the motion to adjourn was lost.

The special order which was the further consideration of House resolution No. 121 was taken up.
Pending the consideration of the resolution, the House adjourned until Monday morning at 9 o'clock.

944

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
Monday, October 3, 1887.

The House met pursuant to adjournment; was called. to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Felton of Bartow, Feltnn of Bibb,

Griffith,

Newton,

Grindle,

Nichols,

Hagan,

Norris,

Ham,

Olive,

Hart,

Peeples,

Harrell of Decatur, Perkins.

Harrell of Webster, Perry,

Harrison of Franklin, Pittman,

Harrison of Quitman, Preston,

Harper,

Ray,

Harris of Catoosa,

Rawls,

Harris of Columbia, Reid,

Harvey,

Reilley,

Hayes,

Rich,

Henry,

Rountree,

Hill of .Meriwether, Russell of Chatham,

Hill of Wilkes,

Russell of Clarke,

Holland,

Russell of Polk,

Holleman,

Schofield,

Howard,

Shewmake,

Hughes,

Sims,

Huff,

Smith of Crawford,

Humphries of Brooks, Smith of Glynn,

Humphries of Clinch, Smith of Gwinnett,

Hunt,

Smith of Jefferson,

Hutchison, Iler,

Stewart of Mitchell, Stewart of Rockdale,

Johnson of DeKalb, Stewart of M11rion,

,Johnson of Echols, Strickland,

Johnson of Screven, Tate,

Kenan,

Taylor,

Kennedy,

Terrell,

Key,

Thomas,

Kimbrough,

Vaughn,

Lamar.

Vickers,

MoNDAY, OcTOBER 3, 1887.

945

Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas,
Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham,

Little of Talbot, Madden, Mathews, Mauney,
Mill~,
Monroe, Morgan, Moye, McCord, McGhee, McGarrity, McLendon, McKibben,

Walker of Floyd, Walker of Putnam, Watson, Way, Weil, Whaley, West, Wheeler, Williams of Upson, Wilcox. Wilson, Worsham, Mr. Speaker.

Those absent were Messrs.-

Birchmore, Coggins, DuBose, Fagan, Felton of Macon, Hale, Hand, Hawkins, Henderson, Howell,

Jones, Lanier, Lumsden, Mixon, McLane, McCleskey, McMichael, Page, Parker, Pickett,

Reynolds, Simmons, Stevens, Stovall, Veazey, Vining, Watts, Whelchel, Williams of Harris, Williams of Jackson,

Mr. Ham, of the Committee on Journals, reported that the Journal had been examined and found correct.
The Journal was then read and approved.

Leave of absence were granted to the following members, to-wit: Messrs. Henderson, McMichael, Williams of Jackson, Felton of Bibb, Williams of Harris, Hawkins, Stovall, Fagan, Veazey, Hale, Birchmore, Simmons, Reynolds, M~Cleskey, Hand, Mathews and Belt.

By unanimous consent, House bill No. 918 was recom.. mitted to Committee on Education.

The hour for the special order having arrived, upon motion of Mr. Huff, House resolution No. 121 was taken up.

Mr. Wheeler moved to table the resolution and amendments.
60

946

JouRNAL OF THE HousE.

Upon the motion to table, the yeas and nays were called' for, which call was sustained.

Upon the call of the roll the following was the result ofthe vote, to-wit :

Those voting in the affirmative were Messrs.-

Atkinson, Black, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Comer, Coney, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Featherston, Fortner, Franklin of Fannin, Franklin of Thomas, Gibson, Gordon, Glenn, Greene of Madisou, Griffith, Hagan, Ham, Harrell of Decatur,

Harrell of Webster, Harrison of Franklin, Harper, Harris of Columbia, Hayes, Hill of Meriwether, Hill of Wilkes, Howell, Hughes, Huff, Humphries of Cline::. Hunt, Iler, Johnson of DeKalb, Johnson of Screven, Key, Kimbrough, Lamar, Madden, Mauney, Mills, Mixon, Morgan, Moye, McGarrity, McKibben, Newton, Peeples, Perry,

Pitt11_1an, Preston, Ray, Rawls, Reid, Reilley, Rich, Rountree, Russell of Chatham, Russell of Polk, Schofield, Sims, Smith of Crawford, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Tate, Taylor, Terreil, Thomas, Vickers, Watson, Whaley, West, Wheeler, Williams of Upson, Wilcox, Wilson.

Those voting in the negative were Messrs.-

A'l'nheim, Berner, Bray, Cameron, Candler, Chappell, Cfay of Cobb, Felton of Bartow, Fordham,

Fonte, Grindle, Harrison of Quitman, Henry, Howard, Hutchison, .Johnson of Echols, Kenan, Little of Talbot,

Mathews, McCord, Olive, Perkins, Russell of Clarke, Shewmake, Strickland, Way, Wei!.

o, MoNDAY, OcTOBER 1887.

947

Those not voting wete Messrs.-

Adams of Elbert, Ad11ms of Greene,
Ashley, Bailey, Belt. Birch more, Bill lock, Buchan, Calvin, Clay of Walton, Coggins,
c.~ok,
Fagan, Felton of Bibb, Felton of Macon, Gamble, Gardner, Gresham, Greene of Clay, Hale, Hand,

Hart,

Parker,

Harris of Catoosa, Pickett,

Harvey,

Reynolds,

Hawkins,

Simmons,

Henderson,

Smith of Glynn,

Holland,

Smith of Gwinnett,

Holleman,

Stevens,

Humphries of Brooks, Stewart of Mitcl1ell,

Jones, Kennedy,

Stovall, Vaughn,

Lanier,

Veazey,

Lumsden,

Vining,

Monroe, McLane,

Walker of Floyd, Walker of Putnam~

McGhee,

Watts,

McMichael,

Whelchel,

McLendon,

Williams of Harris,

McCleskey,

Williams of Jackson,

Nichols,

Worsham,

Norris,

}fr. Speaker.

Page,

Yeas, 86. Nays, 27. Not voting, 62.

So the resolution and amendments were tabled.

By unanimous consent, the following bill was introducedr read the first time and to the Committee on General Judiciary, to-wit:
By Mr. Harrell, ofDecaturA bill to make the Sheriff of the county of Decatur, ex-
officio Sherift of the County Court ot said county, etc.

By unanimous consent, the following resolution was introduced, read the third time and referred to the Committee on Finance, to-wit :
By Mr. HuffA resolution relating to the question of betterments of
the Western and Atlantic Railroad. Also, by unanimous consent the following bill was intro-
duced, read the first time and referred to the Committee on Special Judiciary, to-wit:

948

JouRNAL OF THE HousE.

By Mr. Terrell-
A bill to authorize and require the registration of all voters in the county of.Meriwether in this State, etc.
Upon motion House bill No. 555 was taken up, and the :Senate amendments tltereto were concurred in.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Finance, to-wit :
By Mr. GriffithA bill to amend article 3, section 7, paragraph 7, of the
Constitution of this State, so that all local bills shall be :read the first time by the title or caption, and put upon their passage on the second reading.
By unanimous consent, Hrmse resolution No. 117 was recommitted to Committee on Temperance.
The following bills were taken up, and the Senate amendments thereto were concurred in, to-wit :
A bill to allow the sale of property taken in trover, where neither plaintiff nor defendant replevies, in the same manner as is now permitted in cac;;es of levy under attachment.
Also, a bill to require defendants in ejectment cases to withdraw affidavits of forgery made to plaintiffs' deeds in all cases, where it shall appear that said deed or deeds has been lost or destroyed in the possession of the defendant, or his consent, etc.
Also, a bill to repeal section 4601 of the Code of 1882. Also, a bill to amend the charter of the town of Warrenton, etc. Also, a bill to incorpomte the Bank of Sandersville.
Mr. Olive, chairman pro. tern. of the Committee on Corporations, submitted the following report:

Mr. Speaker : The Committee on Corporations have had under consider-
ation the following bills, to-wit:

MoNDAY, OCTOBER 3, 1887.

949

House bill No. 513, entitled an act to incorporate the SOuthern P-hoenix Insurance Company.
Also, House bill No. 726, entitled an act to incorporate the Columbus and Gulf Navigation Company; to confer certain powers and privileges on said Company, and for other purposes.
Also, House bill No. 912, entitled an act to require the Clerks of the Superior Courts of this State to file in the office of the Secretary of State, copies of all charters granted by the Superior Courts, and for other purposes.
Also, Senate bill No. 124, entitled au act to amend an act to incorporate the town of Clayton, in Rabun county, all of which they instruct me to report to the House with the recommendation that they do pass.
Also, the following bills, to-wit :
House bill No. 852, entitled an act to incorporate the town of Hillman, in the county of Taliaferro; to provide for the election of Commissioners ot said town, and for other purposes.
Also, Senate bill No. 152, entitled an act to incorporate the Darien and Doboy Telegraph Company, and for other purposes, which they instruct me to report to the House with the recommendation that they do pas;; as amended.
Also, the following bill to-wit :
House bill No. 876, e.ntitled an act to amend an act, approved March 3, 1875, entitled an act to amend an act to consolidate, amend and supercede the several acts incorporating the town of Carrollton in the county of Carroll, and to grant certain privileges to the same, approved August 20, 187~, by striking out the words ' thousand yards" in the third line of seetion 1 in said act, and inserting in lieu thereof the word" mile," and for other purposes, which they instruct me to report to the House, with the rec.ommendation that it do pass by substitute.
Also, the following bill to-wit :
Honse bill No. 626, entitled an act to amend an act to authorize the Trustees ofthe State University to accept as

:950

JouRNAL OF THE HousE.

branches of said University, colleges of agriculture, et,O,, to be established at Cuthbert and Thomasville, .approvfld December 16, 1878, so far as the same relates to the branch college at Thomasville, which they instruct me to report to the House, with the recommendation that it do not pailS.
Respectfully submitted. J. T. OLIVE, Chairman protem.
Upon motion ot Mr. Atkinson, House bill No. 642 was made the special order of the day for to-morrow, immediately after the reading of the Journal, and to be the continuing special order until disposed of.
Upon motion, House bill No. 964 was made the spe<~ial
order of the day, immediately after the completion of tlul
consideration of House bill No. 642.
Upon motion, House bill No. 380 was taken up for a third reading, and, by unanimous consent, the bill was tabled.
The following Senate bill was read the second time; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit:
A bill to require all itinerant vendors of clocks in this State to pay an annual license fee in each and every county where they do business.
The following message was received from t.he Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend an act entitled an act to amend an act entitled an act, approved February 17th, 1876, fixing the license for the sale of liquor in Emanuel county at $10,000;
paRsed by the requisite constitutional majority; yeas 21$,
nays 2. Also, a bill to provide for the appointment and commis-
sioning of a Surgeon for each light battery of artillery of

MoNDAY, OcTOBER 3, 1887.

951

~volunteers; passed by the requisite constitutional majority.; yeas 27, nays 0.
The Senate has also passed the following 'bill of the House, with certain amendments, by the requisite constitutional majority, yeas 23, nays 0, to-wit:
A bill to authorize the Ordinaries of the several counties <>f this State to issue ji. jas. for their fees and costs, and to prescribe for the direction, return and enforcement of the Mme.
The Senate has also concurred in the following joint resolution of the House, to-wit :
A resolution authorizing Mr. Horace Bradley to make eertain improvements on the Hill portrait.
The Senate has agreed to the amendment of the House to Senate amendment on House resolution, to-wit:
A resolution to authorize the sale or lease of certain property belonging to the State.
The Senate has also passed the following bill of the Senate by the requisite constitutional majority, yeas 30, nays 3 to-wit:
A bill to provide a remedy for supplying the defects and inconveniences arising from the loss or mutilation of any of the records of any Court of Record in this State, and for other purposes.
The following Senate bills were read the second time, to-wit:
A bill to amend an act to incorporate the town of Clayton, in Rabun countv.
Also, a bill to in~orporate the Darien and Doboy Tele-
graph Company.
The following Senate bill was read the first time and referred to the Committee on General Judiciary, to-wit:
By Mr. Northcutt, of the 35th District-
A bill to prescribe a remedy for supplying the defects

952

JouRNAL oF THE HouSE.

and inconveniences arising from the loss or mutilation of any of the public records in any county of this State; to provide for the procuring of copies thereof as near as may be, to make such copies evidence in all respects just as the original records would have been, etc.
House bills Nos. 38 and 58 were taken up for a third reading, and, upon motion, the bills were tabled.
House resolution No. 166 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the Whole House, Mr. Olive in the chair.
Mr. Olive, chairman of the Committee of the Whole House, submitted the following report:

M1. Speaker :
The Committee of the Whole House have had under c:nsideration House bill No. 166, which they instruct me to report back with the recommendation that the same do
pass.
The following resolution was read the third time; thereport of the committee was agreed to; upon the passage of the resolution, it was necessary that the vote should be taken by the yeas and nays, as the bill provided for an appropriation.
Upon the call of the rdl the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Arnheim, Berner, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Candler, Chappell,

Harrell of Decatur, Harrison of Franklin, Harris of Columbia, Harvey, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman. Howell. Hughes,

Peeples, Perkins, Perry, Pittman, Reid, Reilley, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk,

'MONDAY, OaroBER 3, 1887.

953

Clay of Cobb, Comer, Coney, cHwford, Darden, Denney, Dodgen, DuBose, Durrance, Felt.on of Bartow, Fortner, Fordham, Foute, Gibson, Gordon, Griffith, Grindle, Ham,

Hu:ff, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Kenan, Key, Kimbrough, Mathews, Morgan, Moye, McCord, McKibben, Olive,

Schofield, Shewmake, Sims, Smith of Glynn, Smith of Gwinnett, Smith of J e:fferson Stewart of Rockdale, Strickland, Tate, Terrell, Walker of Floyd, Watson, Way, Whaley, West, 'Williams of Upson, Wilson.

Those voting in the negative were Messrs.-

Atkinson, Black, Buchan, Franklin of Fa,,nin, Harrell of Webster,

Harper, Madden, Mauney, Mixon, McGarrity,

!'reston, Ray, Rawls, Thomas, Wheeler.

Those not voting were Messrs.-

Adams of Elbert,

Adams of Greene,

Ashley,

Bailey,

Belt,

Bircbmore,

Oalvin,

Cameron,

Clay ef Walton,

Coggins,

Cook,

Duggan,

Evans,

Fagan,

Felton of Bibb,

Felton of Macon,

Featherston,

Franklin of Thomas

Gamble,

'

Gardner,

Hale, Hand, Hart, Harrison of Quitman, Harris of Catoosa, Hawkins, Henderson, Holland, Howard, Humphries of Brooks, Jones, Kennedy, Lamar, Lanier, Little of Talbot, Lumsden, Mills, Monroe, McLane, McGhee,

Norris, !'age, Parker, Pickett, Reynolds, Simmons, Smith of Crawford, Stevens, Stewart of Mitchell, Stewart of Marion, Stovall, Taylor, Vaughn, Veazey, Vickers, Vining, Walker of Putnam, Watts, Wei!, Whelchel.

954

JouRNAL OF THE HouSE,

Glenn, Green of Clay, Greene of Madison, Gresham, Hagan,

McLendon, McCleskey, McMichael, Newton, Nichols,

Williams of Barrie, Williams of JackeM, Wilcox, Worsham, Mr. Speaker.

Yeas, 85. Nays, 15. Not voting, 75.

Not receiving the requisite constitutional majority, tbe resolution was lost, to-wit:

A resolution to preserve books belonging to the State.

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

Mr. Speaker :
The Senate has pas~ed the following bill of the House, aa amended, by the requisite constitutional majority, yeas 23, nays 0, to-wit:
A bill to change the time of holding the Fall Term of the Superior Court of Clarke county, and I am instructed to transmit the same to the House forthwith.
Mr. Tate, chairman of the Committee on Special J udiciary, submitted the following report:

Mr. Speaker:

The Committee on Special J tidiciary have had under consideration the following bill of the House, which they instruct me to report back with the recommendation that the same do pass, to-wit :

A bill to authorize and require the registration of all voters in the county of Meriwether, in this State, and for
other purposes. Also, the following bill, which they report back with the
recommendation that the same do pass, as amended, to-wit:

A bill to provide for the registration of the legal voters

of Walton county, and for other purposes.

Respectfully submitted.

F. C. TATE, Chairman.

MoNDAY, OcToBER 3, 1887.

955

By oaoa.nimous consent, the following bill was taken up and the Senete amendments thereto were concurred in, to-
wit:
A bill to change the time of holding the fall term of the Superior Court of Clarke county.
Bouse resolution No. 179 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the Whole House, Mr. Chappell in the chair.

Mr. Chappell, chairman of the Committee ~f the Whole House, submitted the following report:

Jfr. Speaker :

The Committee of the Whole House have had under consideration House re~olution No. 179, which they instruct me to report back with the recommendation that the same do pass, as amended, to-wit :

The following resolution was read the third time; the report of the committee was agreed to; upon the passage of the resolution, it was necessary that the vote should be taken by the yeas and nays, as the same provided for an appropriation.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Arnheim, Atkinson, Berner, Black, Blalock, Brady, Branch, Bray. Brown of Henry, Brown of Cherokee, Breweter, Buchan, Cameron, O&ndler,

Hagan, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Columbia, Harvey, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Howell,

Newton, Olive, Peeples, Perkins, Perry, Pittman, Preston, Ray, Rawls, Reilley, Rich, Rountree, Russell of Chatham, Russell of Clarke,

956

JouRNAL OF THE HonsE.

Chappell, Clay of Cobb, Vomer, Coney,

Hughes, Huff, Humphries of Clinch, Hunt,

Russell of Polk, Schofield, Shewmake, Sims,

Crawford, Darden,

Hutchison, Iler,

Smith of Glynn, Smith of Gwinnett,

Denney, Dodgen, DuBose,

Johnson of DeKalb, Johnson of Echols, Kenan,

Stewart of Rockdale, Stewart of Marion, Strickland,

Duggan,

Key,

Tate,

Durrance,

Kimbrough,

Taylor,

Evans,

Lamar,

Terrell,

Felton of Bartow,

Madden,

Them as,

Fortner, Fordham,

]\:[athews, Mauney,

, 11 , L Vickers, Walker of .!!'loyd,

Foute,

Mills,

Watson,

Franklin of Fannin, Mixon,

Way,

Gibson,

Morgan,

Whaley,

Gordon,

Moye,

West,

Glenn,

McCord,

Wheeler,

Greene of Madison, McGarrity,

Wilcox,

Griffith,

McKibben,

Wilson.

Grindle,

Those not voting were Messrs.-

Adams of Elbert,

Hart,

Parker,

Adams of Greene,

Harrison of Quitman. Pickett,

Ashley,

Harris of Catoosa,

Reid,

Bailey,

Hawkins,

Reynolds,

Belt.

Henderson,

Simmons.

Birchmore,

Holland,

Smith of Crawford,

Calvin,

Humphries of Brooks, Smith of Jefferson,

Clay of Walton, Coggins, Cook,

Johnson of Screven, Jones, Kennedy,

Stevens, Stewart of Mitchell, Stovall,

Fagan, Felton of Bibb,

Lanier, Little of Talbot,

Vaughn, Veazey,

Felton of Macon, Featherston, Franklin of Thomas, Gamble, Gardner, Green of Clay, Gresham, Hale. Ham, Hand,

Lumsden. Monroe,
~1cLane, ~1eGhee,
McLendon, McCleskey, McMichael, Nichols, Norris, Page,

Vining, Walker of Putnam, Watts, Wei!, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson.
W orsba,m, Mr. Speaker.

Yeas 109. Nays 0. Not voting 66.

MoNDAY, OCToBER 3, 1887.

957

Having received the requisite constitutional majority, the resolution passed, as amended, to-wit :
A resolution for the relief of James H. Tootle, of the county of Montgomery.
House resolution No. 180 was taken up for a third reading ; as the same provided tor an appropriation the House went into a Committee ot the Whole House, Mr. Candler in the chair.
Mr. Candler, chairman of the Committee on the Whole House, submitted the following report.

Mr. Speaker:

The Committee of the Whole House have had under consideration House resolution No. 180, which they instruct me to report back with the recommendation that the same do pass.
The resolution was then read the third time; the report of the committee was agreed to ; upon the passage of the resolution, it was necessary that the vote should be taken by the yeas and nays, as the same provided for an appropriation.
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Arnheim, Atkinson, Berner, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Cameron, Candler, Chappell, Clay of Cobb,

Griffith, Grindle, Hagan, Harrell of Decatur, Harrison of Franklin, Harper, Harris of Columbia, Harvey, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Hughes,

Newton, Olive, Peeples, Perkins, Perry, Pittman, Preton, Rawls, Reid, Reilley, Rich, Rountree Russell of Polk, Shewmake, Sims,

958

JouRNAl.. oF THE HousE.

Comer, Coney, Crawford, Darden, Denny, Dodgen, DuBose, Duggan, Durrance, Evans. Felton of Bartow, Fortner, Fordham, Foute, Franklin of Fannin, Gibson, Gordon, Glenn, Green of Madison,

Humphries of Olincb, Smith of GlYJlt:l,

Hunt,

Smith of Gwinu.tt,.

Hutchison, Iler,

Stewart of Rockdale, Stewart of' Marion~

Johnson of DeKalb, Stricklan:',

Johnson of Echols, Tate,

Kenan,

Taylor,

Key,

Terrell,

Kimbrough,

Thomas,

Lamar,

Vickers,

Madden,

Walker of Floyd,

Matthews,

Watson,

Mauney,

Way,

Mills,

Whaley,

Mixon,

West,

Mori('an,

Wheeler,

Moye,

Williams of Upson,

McGarrity,

Wilcox,

McKibben,

Wilson.

Those not voting are Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Bailey, Belt, Birch more, Black, Calvin, Clay of Walton, Coggins, Cook. Fagan, Felton of Bibb, Felton of Macon, Featherston, Franklin of Thomas, Gamble, Gardner, Green of Clay, Gresham, Hale, Hatn, Hand, Hart, Harrell of Webster,

Harrison of Quitman, Parker,

Harris of Catoosa,

Pickett,

Hawkins,

Ray,

Henderson.

&ynolds,

Holland,

Russell of Chatham,

Howell,

Russell of Clarke,

Huft:

Schofield,

Humphries of Brooks, Simmons,

.T ohnson of Screven, Smith of Crawford.

Jones,

Smith ot Jefferson,

Kennedy,

Stevens,

Lanier,

Stewart of Mitchell,

Little of Talbot,

Stovall,

Lumsden,

Vaughn,

Monroe,

Vea7.ey,

McCord,

Vining,

McLane,

Walker of Putnam,

McGhee,

Watts,

McLendon,

Weil,

McCleskey,

Whelchel,

McMicha8l,

Williams of Harris,

Nichols ..

Williams of .Jackson,

Norris,

Worsham,

Page,

Mr. Speaker.

Yeas 102. Nays 0. Not voting 73.

TUESDAY, OcTOBER 4, 18R7.

959

Having received the requisite constitutional majority, the resolution passed, to-wit:
A resolution for the relief of John R Paulk, of Irwin county.
Mr. Pittman announced to the House the death of Hon. M. H. Hart, of Troup county.
4.. motion was made and carried that a committee of three be appointed to draft suitable resolutions on the death of the deceased member.
As a mark of respect for the deceased, the House adjourned until to-morrow morning at 8 o'clock.

ATLANTA, GEORGIA,
Tuesday, October 4, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :
Those present were Messrs.-

Adams of Greene, A.rnheirn, Atkinson, Bailey, Belt,
Bern~>r,
Birchrnore, Black, Blalock, Brady, Bray, Branch, &own of Henry, Brown of Cherokee, Brewster, Buchan, Calvin,

Greene of Madison, Griffith, Grindle, Hagan, Hale, Ham, Hand, Hart, Harrell of Webster, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Columbia, Hawkins, Hayes, Henry,

Nichols, Olive, Parker, Peeples, Perry, Preston, Rawls, Ray. Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield,

960

.JouRNAL OF THE HousE,

Cameron, Candler, Chappell, Clay of Cobb, Ulay of Walton, Coggins, Comer, Coney, Uook, Crawford, Darden,

Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt,

Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stewart of Marion, Strickland,

Denney,

Hutchison,

Taylor,

Dodgen,

Iler,

Stovall,

DuBose,

Johnson of Echols, Terrell,

Duggan,

Johnson of Screven, Thomas,

Durrance,

Jones,

Veazey,

Evans,

Kenan,

Vickers,

Felton of Bartow,

Key,

Vining.

Felton of Bibb,

Kimbrough,

Walker of Floyd,

Felton of Macon,

Lamar,

Walker of Putnam,

Featherston,

Lumsden,

Watts,

Fortner,

Madden,

Watson,

Fordham,

Mauney,

Way,

Foute,

Mills,

Weil,

Franklin of Fannin, Morgan,

Whaley,

Franklin of Thomas, Moye,

West,

Gamble,

McLane,

Wheeler,

Gardner,

~IcGhee,

Williams of Upson,

Gibson, Gordon,

McGarrity, McKibben,

Wilcox1 Wilson,

Glenn,

McCleskey,

Worsham,

Green of Clay,

Newton,

Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Ashley, Fagan, Gresham,

Little of Talbot, Mathews, Mixon, Monroe,

.Perkins, Pickett, Pittman, Stewart of Mitchell,

Harris of Catoosa,

McCord,

Tate,

Harvey, Henderson, Johnson of DeKalb, Kennedy,

McLendon, McMichael, Norris, Page,

Vaughn, Whelchel, Williams of Harris, Williams of Jackson,

Lanier,

Mr. Preston, of the Committee on Journals, reported

that the Journal ofyesterday's proceedings had been exam-

ined and found correct.

The Journal was then read and approved.

TUESDAY, OCTOBER 4, 1887.

961

Leave of absence were granted to the following members, to-wit: Messrs. Harvey, Mixon and Perkins.
Pending the reading of the Journal, Mr. Schofield gave notice that at the proper time he would move to reconsider so much action of the House had on yesterday as relates to resolution No. 166.
Upon motion of Mr. Schofield, the action of the House had M yesterday as relates to resolution No. 166 was reconsidered.
By unanimous consent, the following bill was taken up, and the same read the second time; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit :
A bill to amend an act entitled an act to submit to the legal voters of Taylor county the question of prohibiting the sale of spirituous and malt liquors in said county.
By unanimous consent, the following bill was read the second time to-wit :
A bill to provide for the registration of all legal voters in the county of Meriwether.
By unanimous consent, the following bill was taken up and the same read the third time ; the report of the com.. mittee was agreed to, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to incorporate the Buena Vista and Ellaville Railroad Company, and confitm charter now granted; confirm change of terminus, etc.
Mr. Duggan, chairman of the Committee on Enrollment, submitted thr. following report:

Mr. Speaker:
. The Committee on Enrollment r~ports as duly enrolled stgned by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit:
61

962

JOURNAL OF THE HOUSE.

An act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
Also, an act to fix the compensation of the Sheriff of the Supreme Court, and to provide for the manner of its payment.
Also, an act tor the protection of fish in the Hiawassee River, in Towns county, above the mouth of Little Chaistoie, on W. R. McConnell's land, and all its con tributary waters.
Also, an act to provide for the registration of voters in the county of Floyd; to require all voters to vote in their several precincts, and to prescribe penalties for violation of this act.
Also, an act to provide for the disposition and appropriation to public bridges in Dodge county of all moneys in the county treasury of said county by virtue of an act to provide for the disposition of all moneys in the hands of Superintendents of Roads, etc.
Also, an act for the relief of James Jordan in the case of H. D. McDaniel, Governor of Georgia, against Wm. V. Gary, principal; J. W. Gary and James Jordan, securities.
Also, an act to alter and amend the act of October 12, f885, providing for the registration of the voters of Telfair county.
Also, an act to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company, and to grant certain privileges therein named.
Also, au act to prevent fishing, hunting, or otherwise trespassing on the lands of another in the county of Washington, after being notified by the owner, agent, or lessee to keep off the same.
Also, an act to provide for the amendment of affidavits to foreclose liens. .
Also, an act to proaibit the sale of spirituous, malt or vinous liquors within four miles of Mount Zion Colored Methodist Church, in the lOth district of Meriwether county.

TuESDAY, OcTOBER 4, 1887.

963

Also, an act to make County Commissioners, Tax Receivers, Tax Collectors, members of the County Board of Education, County School Commissioners, Ordinaries and County Treasmers incompetent to serve as grand juNrs during their term of office.
Also, an act to appropriate the sum of twenty-seven dollars and eighteen cents, fot the payment of executive wanant No. 57, issued by the Govel'Oor, in favor of James H. Worrill, tor his salary as Solicitor.
Also, an act to tequire the Clerk of the Superior Court of each county to procure and keep a duplex index book of the written instwments of tecord in his office.
Also, an act to amend section 2138 of the Code of Georgia.
Also, an act to designate the officers of the County Court of Terrell county; to provide for their compensation, etc.
Also, an act to define the offense of black-mai I, and to prescribe a penalty therefor.
Also, an act to amend the charter of the Commercial Bank of Augusta.
Also, a resolution for the relief of Henry J. Lamar, of
the county of Bibb. Al.!!o, a resolution for the relief of the Home Providence
Safety Fund Association of New York. Respectfully submitted. IvY W. DuGGAN, Chairman.

By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on .General .Judiciary, to-wit:
By Mr. CandlerA resolution to appo~nt a Commissioner to make an
inventory and appraisement of the State Road ; to protect the State's property in the same, et<?.
By unanimous consent, the following bill was taken up, . read the second time and recommitted to Committee on Education, to-wit:

964

JouRNAL OF THE HousE.

A bill to autho.rize any municipal corporation in this State, to establish a system of public schools within the corporate limits of the same; to levy taxes for the support of said system.
The hour for the special order having arrived, upon motion of Mr. Huff, House hill No. 642 was takf:n up; as the hill provided for an appropriation, the House went into a Committee of the Whole House, Mr. Clay, of Cobb, in the chair.
Mr. Clay, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker.
The Committee of the Whole House have had under consideration House bill No. 642, which they instruct me to report progress and ask leave to sit again.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary therof:

Mr. Speaker:
The Senate has passed the following bill ot the House, with certain amendments, by the requisite constitutional majority, yeas 24, nays 1, to-wit:
A bill to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts, approved September 8, 1885, by striking therefrom the proviso at the end of the first sectioo. and by adding to said Stone Mountain Circuit the county of Douglass.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Georgia Fire Insurance Com~ pany of LaGrange; passed by the requisite constitutional majority yeas 27, nays 0.

TuESDAY, OcTOBER 4, 1887.

965

Also, a bill to provide for the registration of all voters in the county of Ware; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to repeal an act to establish a Board of Commis!<ioners for Paulding county; approved September 8, 1883; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to authorize the Trustees for the Congregation Bernai Israel, of Columbus, Georgia, to sell and convey to the purchasers cettain lands held by them for ehurch purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a hill requiring the Commissioners of Roads and Revenues for the county of Campbell to build court houses in each militia district; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to authorize and empower the Trustees of the Second Presbyterian Church, in Columbus, Georgia, to sell certain land held for church p'urposes; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate has also passed the following !~ills of the Senate by the requisite constitutional majority, to-wit:
A bill to incorporate the Augusta and 'Vhite Plains Railroad Company; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to authorize the city or town which contains the court hou~;e to furnish liquor through a dispensary for medicinal and sacramental purposes; passed by the requisite constitutional majority; yeas 24, nays 8.
Mr. puggan, chairman of the Committee on Enrollment, submitted the following teport :
Mr. Speaker :
The Committee on Enl'Oilment reports as duly enrolled

966

JouRXAL oF THE HousE.

and ready for the signatures of the Speaker of the House

and President of the Senate, the following acts, to-wit:

w. An act for the relief of D.

Price, ex-County Treas-

urer of Douglass county and his securities on bond; to

autl:orize the Ordinary of Douglass county to order au elec-

tion in said county by the legal voters thereof, at which

election the q nestion to be yo ted on shall be "fot the l!et-

tlement" or "against the settlement" of an execution

against said Price and his securities, etc.

Also, an act to change the time of holding the fall term

of the Superior Court of Clarke county. Also, an act to amend an act entitled an act to amend au

act, appmved February 17, 1876, fixing the license fee for

the s"le of spirituous liquors in Emanuel county at the snm

of one thousand dollars, by striking the word "one" and

inserting in lieu thereof the word "ten."

Also, an act to provide for the appointment and com-

missioning of a Surgeon for each light battery of artillery

of volunteers. Also, a joint resolution authorizing Mr. Horace Bradley

to make certain imp1nvt>ment>' on the Hill portrait. Also, an act to allow the ;;ale of pwperty taken in trover,

where neither plaintiff nor defendant replevies, in the same

manner as IS now permitted in cases of levy under attach-

ment. Also, an act to require defendants in any case to with-

draw affidavits of forgery made to plaintiffs deeds in all

cases where it shall appear that said deed or deeds have

been lo!"t or destroyed in the possession of the defendant or

his counsel. Aho, an act to make it unlawful for any person to shoot,

snare, trap or in any 1nanner kill any buck, doe or fawn,

wild tmkey or partridge, running at large in the county of

Jasper, between the 15th day of March and the 15th day

of October of each year. Also, a resolutio1; to authorize the sale or lease of'certaio

property belonging to the State.

.

Also, an act to incorporate the Bank of Sandersville.

Respectfully submitted.
lYY W. DuGGAN, Chairman.

TUESDAY, OcTOBER 4, 1887.

967

Mr. Ham, of Hall, offered the following resolution, which was read and adopted, to-wit :
Resolved, That the House accept the invitation of the Piedmont Exposition Directors to attend the opening exercises of the Exposition on Monday next at 1:30 o'clock p. m.
'Resolvedfurther, That when the House adjourns Monday noon, it adjourns to meet at 7:30 Monday night, instead of in the afternoon.
Mr. Russell, of Chatham, offered the following resolution, which was read, and, upon motion, tabled, to-wit:
Resolved, That on Friday next, immediately after reading of the Journal, the special order shall be the reading of Senate bills for the first, second and third time; provided, this shall not intertete with any existing special order.
Mr. Gordon, chairman of the Committee on Finance, submitted the foJlowiug report :
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, which they instruct me to return to the House, with the recommendation that they do pass, to-wit:
A bill to make an additional appropriation to carry into effect an act to provide for a complete roster of Georgia troops in the Confederate at~my, and for other purposes.
Also, a bill to amend section 909 and repeal section 910 of the Code ot 1882, in relation to penalties against defaulting Tax Collectors.
Also, a bill to amend an act commonly known as the general tax act of 1887 and 1888.
Also, a bill to amend atticle :3, section 7, paragraph 7 of
the Constitution of Georgia. They have also had under consideration the following
bill~, which they instruct me to return to the House, with
the r.ecommendation that the same do pass, by substitute, . to-Wit:
A bill to levy a tax upon the taxable property of the State for the support of eommon schools.

96~

JOURNAL 01" THE lJOUSE.

Also, a bill to amend the General Tax Act of 1R87 aud 1888, so as to change the manner oftaxing sewing machine companies, and for other purposes.

Also, the following bills which they recommend do not

pass, to-wit :

.

A bill to amend paragraph 1, section 9 of article 3, of

the Constitution of this State, which relates to the compen-

sation of members of the General Assembly.

Also, a bill to amend an act entitled an act to carry into

effect the last clause of paragraph I, article 7, of the Con- .

stitution of 1877, etc.

.

Also, a Senate bill to amend the General Tax Act of

1887 and 1888 by striking from the second section and

twenty-fifth paragraph the words "twenty-five" and insert-

ing in lieu thereof the word "five." Also, the following bill, \vhich they instruct me to return

to the House wii:h the recommendation that the introducer

be allowed to withdraw, to-wit:

A bill to allow all confrderate soldiers of the State of Georgia to peddle without license in the State.

Respectfully submitted. 'V)l. W. GoRDOX, Chairman.

Mr. Coney, chairman pro tern. of the Committee on Roads and Bridges, submitted the following report:

Mr. Speaker:
The Comn1ittee on Roads and Bridges have had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do not pass, to -wit:
A bill to pre!'cribe the method of working the public roads in this State; to authorize the payment of a yearly commutation tax, and for other purposes.
~espectfully submitted. J. T. CosEY, Chairman pro tern.

TuESDAY, OcTOBER 4, 1887.

969

Mr. Lamar, chairman pro tem. of the Committee on General Judiciary submitted the following report:

Mr. Speaker :
Che Committee on General Judiciary have had under consideration the following bill, which they instruct me to return to the House with the recommendation that the same do- pass, to-wit:
A bill to make the Sheriff of the county of Decatur the ex-officio Sheriff of the County Court of Decatur. . Respectfully submitted.
JosEPH R. LAliiAR, Chairman protem.

Mr. Russell, of Clarke, <hairman of the Committee on Banks, submitted the following report :

Mr. Speaker :
The Committee on Banks have had under consideration the following bill which they instruct me to report back to the House, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to incorporate the Pataula Banking and Cotton Company of Fort Gaines, Georgia.
Respectfully submitted. R. B. RussELL, Chairman.

The following message was received from the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:
Mr. Spenker:
The Governor has approved the following acts, to-wit: An act to create a Board of Commissioners of Roads and Revenues for the county of Irwin. Also, an act incorporating the Georgia Mutual Insurance Company. Also, an act to amend paragraph 30, section 1 of an act,

970

JouRNAL OF THE HousE.

approved Ma1ch 2, 1874, to organize a County Court in

each of the counties of Calhoun, Baker, Quitman, Miller,

etc., so far as relates to the appointment of a County Judge

for the county of Calhoun, requiring the Governor to com-

mission the judge elected by the grand jury.

-

Also, an act to incorporate the Guaranty Mutual Fire

Insurance Company. Also, an act to amend an act entitled an act to authorize

and require the registration of all the voters in Cobb

county. Ais'o, an act to create a Board of Commissioners of

Roads and Revenues for the county of Clayton.

Also, an act to amend an act, approved December 12,

1866, entitled an act to repeal an act entitled an act to so

far mod it) the Ia ws against lotteries as to enable Wm. W.

Boyd and others to adopt a scheme to raise money for the

purpose of building a Home for the Widows and Orphans,

to be called the 1\lasonic Orphan's Home, by striking out

and repealing section 3 of said act.

Also, an act to amend an act establishing a new charter

for the city" of Atlanta and the several acts amendatory

thereof, so as to proYide that the Board of Water Commis-

sioners of said city shall consi;;t of one member from each

of the six wards of said city, and for other purposes.

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

End and Atlanta Street Railway Company, etc.; approved

August :26, lti71, etc., so as to extend its line to West\'iew

Cemete1y, and for other purposes.

Also, an act to authorize the wardens and vestry ot

Trinity Church of Columbus, Georgia, to sell, and by proper

deeds, to convey title to certain lands held by them for

church purposes, etc. Also, an act to amend an act incorporating the town of

Carnesville; approved August 24, 1872.
?f Also, an act to provide fot the payment of accounts

road contracts against Chattooga county for work done tn

the yeat 1884, upon the public roads uf said county.

Abo, an act to authorize the Mayor and Aldermen of the

city of SuYatmah to require the grading, paving, macada-

TuESDAY, OcTOBER 4, 1887.

971

mizing or otherwise improving for travel or drainage any

of the streets or lanes of the city of Savannah ; to make and collect assessm.ents for the same, and f9r other pur-

poses. Also, an act to authorize and require the registration of

all voters in the county of Bartow.

Also, an act to amend an act establishing a new charter

for the city of Atlanta, approved February 28, 1874, and

the several acts amendatory thereof, so as to provide for the

election of and service of another assistant Tax Receiver

and Assessor of said city, and for other purposes.

Also, an act for the relief of James J or<hn in the case of H. D. McDaniel, GoYernor of Georgia, against W m. V.
Gary, principal, ,J. \V. Gary and James Jordan, sureties on

penal bond, etc.

Also, an act to make opemtive the provisions ofthe stock

law as to Fulton county.

Also, an uct to amend section 2138 of the Code of 1882.

Also an act to define the offense of black-mail ; to pre-

scribe a penalty therefor, and for other purposes.

Also, an act to fix the compensation of the Sheriff of the

Supreme Court, and to provide for the manner of its payment.

Also, an act to appropriate the sum of twenty-seven dollars and eighteen cents for the payment uf executiYc war~

rant in favor of James H. Worrill, Solicitor-General Chattahoochee Circuit.

Also, an act to amend the charter of the Commercial

Bank of Augusta.

.

Also, an act to alter and amend au act of October 12,

1885, providing for the regi;;tration of the yoters of Telfair county.

The Governor has also approved the following resolutions :

A resolution for the relief of Henrv J. "Lamar, of the

county of Bibb.



Also, a resolution for the relief of the Home Provident Safety Fund Association of N"ew York.

972

JoL"R~AI~ oP THE HousE.

The Speaker announced the following committee to pre-

. pare resolutions on the death of Hon.
member of th_is House from the county

M. of

H. H Troup;

artto'-wliatte~

Messrs. Pittman, Terrell and Fonte.

The following named members were appointed as Committee on Furnishing and Equipment of the new Capitol under House resolution No. 1:34, to-wit: Messrs. Howell and Felton of Bibb.

By unanimous consent, the following bill was read the second time, to-wit:

A bill to amend an act commonly known as the Tax Act of 1887 and 1888.

By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit:

By Mr. VeazeyA resolution for the relief of W. T. Woodruff, Tax Col-
lector of Teliaferro county for the year 1884, of a penalty of $11:3.58 as a defaulting Tax Collector.

Upon motion of Mr. Jones, House bill No. 38 was taken from the table and reinstated upon the calendar.
The House then adjourned until 2::30 p. m.

2::30 O'CLOCK P. M.
The House met pursuant to adjournment, and was called to order by the Speaker.
Upon motion, the roll call was dispensed with.
Mr. Calvin offered the following resolution, which was read and adopted, as amended, to-wit:
Resolved, That House bills Nos. 1005, 659, 1003 and 38 he made the sp~cial and continuing order for., the morning sessions immediately after the disposal of House bill No. 964; provided, that the rule limiting debate shall be:applied to the above mentioned bills.

TuEsD~<\Y, OcTOBER 4, 1887.

973

House bill No. 189 was taken up for a third reading.
Mr. Ham moved to table the bilr; upon the motion to table, the yeas and nays were called for, which cail was sustained.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Birchmore. Brady, Branch, Brown of Henry, Brewster, Buchan, Comer, Darden, Evans, Fagan, Gresham, Ham, Hand,

Harrell of Decatur, Hill of Wilkes, Howard, Hughes, Hun.phries of Clinch, Monroe, Morgan, Moye, McKibben, Newton, 01lvo, Perry, Pittman,

Rich, Rountree, Simmons, Sims, Smith of Gwinnett, Stewart of Rockdale, l:itovall, Taylor, Thomas. Walker of Floyd, Whaley, Wilcox.

Those voting in the negative were Messrs.-

Adams of Greene,

Black,

Blalock,

Bray,

Brown of Cherokee,

Calvin,

Candler,

Clay of Uobb,

Coggins,

Coney,

Crawford,

Dodgen,

Durrance,

Felton of Bartow,

Featherston,

Fortner,

Fordham,

Jl'oute,



Franklin of Fannin,

Gamble,

Gibson,

Grindle, Hagan, Hale, Harrison of Quitman, Harper.; Harris of Catoosa, Harris ot Columbia, Hayes, Henry, Hill of Meriwether, Holland, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Kenan, Kimbrough, Lamar, Lumsden, M.i:ls,

McLendon, .McCleskey, Parker, Peeples, Preston, Ray, Rawls, Russell of Chatham, Russell of Polk, Shewmake, Smith of Jefferson, Stewart of Marion, Strickland, Tate, Terrell, Veazey, Vickers, Walker of Putnam, Watson, Wei!, West,

974

JouRNAL oF THE HousE.

Gordon, Glenn, Greene of Madison, Griffith,

McCord, McLane, . ')lcGhee, McGarrity,

Wheeler, Williams of Upson Wilson.

Those not voting were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkineon, Bailey, Belt, Berner, Cameron, Chappell, Clay of Walton, Cook, Denney, DuBose,

Harvey,

Perkins,

Hawkins,

Pickett,

Henderson,

Reid,

Holleman,

Reilley,

Howell,

Reynolds,

Hutr.

Russell of Clarke,

Humphries of Brooks, :Schofield,

.Johnsor. of Screven, Smith of Crawford,

.Jones,

Smith of Glynn,

Kennedy,

Htevens,

Key,

Stewart of }Iitchell,

Lanier,

Vaughn,

Little of Talbot,

Vming,

Duggan, Felton of Bibb, Felton of Macon, Franklin of Thomas,

Madden, )fa thews, )1auney, Mixon.

Watts, Way, Whelchel, Williams of Harris,

Gardner,

:M:c Michael,

Williams of Jackson,

Green of Clay,

Nichols.

Harrell of Webster, Norris,

Worsham, )lr. Speaker.

Harrison of Franklin, Page,

Yeas 38. Nays 74. Not voting 62.

So the motion to table was lost.

The following bill was then read the third. time; upon

the adoption of the substitute; and the passage of the bill,

the previous question was called, which call was sustained

and the main question ordered; the substitute was adopted

in lieu of the original bill ; the report of the committee

was agreed to, which was favorable to the passage of the

bill hy substitute; upon the passage of the bill the yeas

and nays were called for, which call was sustained.

Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messl's.-

Adams i>f Greene, Arnheim, Atkinson,

Hagan, Hale, Hand,

McKibben, McCleskey, McMichael,

TuEsDAY, OcTOBER 4, 1887.

975

Blalock. Branch, Bray, Brown of Henry, Brown of Cherokee,
Buchan, Calvin, Oandler, Clay of Cobb, Clay of Walton, Coggins, Coney, Crawford, Dodgen, DuBose, Duggan, Durromce, Felton of Bartow, Felton of Macon, Featherston, Fortner. Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Griffith, Grindle,

Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Hayes, Henry, Hill of )Ieri wether, Holland, Hughes. Hull', Hunt, Hutchison, Iler, ,Johnson of DeKalb, Johnson of Echols, ,Jones, Kenan, Kimbrough, Lamar, Little of Talbot, Lumsden, Madden, :1-Iauncy, Mills, McCord, McLane, McGhee, McGarrity, McLendon,

L.;ewwn. Olive, Parker, Peeples, Preston, Ray, Rawls, Reilley, Rich, Russell of Chatham, Hussell or Clarke, llussell of Polk, :Shewmake, ~mith of Glynn, Smith of Jetferwn, Strickland, Tate, Terrell. Thomas, Veazey, Vickers, \Valker of Putnam, Watson, \Veil, "Whaley, "\Vest, \Vheeler, \rilliams of Jackson, \Villiams of Upson, \Vilcox, \Vilson.

Those voting in the negative were Mess1s.-

Bailey, Birchmore,
Black, Brady, Brewster, Cameron, Darden, Evans, Fagan, Gresham,

Ham. Harrell of Webster, Hill of Wilkes, Howard, Humphries of Clinch, Monroe, Moye, Perry, Pittman,

Rountree, Simmons, Sbns, Smith of Gwinnett, Stewart of Rockdale, Stewart of Marion, Stovall, Taylor, Walker of Floyd.

Those not '('oting were Messrs.-

Adams of Elbert

Ashley,

'

Belt,

Holleman,

Reid,

Howell,

Reynolds,

Humphries of Brooks, Schofield,

976

JouRNAL oF THE HousE.

Berner, Chappell, Comer, Cook, Denney, Felton of Bibb, Gardner, Green of Clay, Greene of Madison, Harvey, Hawkins, Henderson,

.Johnson of Screven, Kennedy, Key, Lanier, Mathews Mixon, Morgan, Nichols, Norris, Page. Perkins, Pickett,

Smith of Crawford, Stevens, Stewart of Mitchell, Vaughn, Vining. Watts, Way, Whelchel, Williams of Harris, Worsham, l\<Ir. Speakbr.

Yeas 102. Nays 28. Not voting 44.

Having received the requisite constitutional majority the bill passed, by substitute, to-wit:

A bill to levy a tax upon the taxable property of the State for the support of common schools.

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 88, nays 3, to-wit:

A resolution for the relief of the National Life and Maturity Association of 'Vashington, D. C.

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 100, nays 3, to-wit:
A resolution for the relief of J. F. Farmer, Tax Collector of Jefferson county.

Mr. Russell, of Clarke, chairman of the Committee on Banks, submitted the following report:

Mr. Speaket :
The Committee on Banks have had under consideration the following bill, v. hich I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Greenville Banking Company, and for other purposes.

TuESDAY, OcTOBER 4, 1887.

977

Also, a bill to incorporate the Atlanta Loan and Banking
Company. Also, the following bills, which I am instructed to report
back, with the recommendation that the same do pass, as
amended, to-wit :
A bill to incorporate the Atlanta Savings Loan and Trust
Company. Also, a bill to incorporate the Piedmont Savings Bank of
Atlanta, Georgia. Also, a bill to incorporate the Mutual Loan and Banking
Company, and for other purposes. Respectfully submitted. R. B. RussELL, Chairman.

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

Mr. Speaker:

The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency the Governor, the following acts, to-wit :

An act to change the time of holding the Fall Term of

the Superiot Court of Clarke county.

.

Also, an act for the relief of D. W. Price, ex-County

Treasurer of Douglas county, and his securities on bond.

A.lso, an act to require defendants in ejectment cases to

withdraw affidavits of forgery made to plaintiff's deeds, etc.

Also, an act to provide for the appointment and commis-

sioning of a surgeon for each battery of light artillery of

volunteers.

Also, an act to incorporate the Bank of Sandersville.

Also, an act to amend an act entitled an act to amend an

act, approved February 17th, 1876, fixing license tee for

sale of spirituous liquors in Emanuel county.

Also, an act to allow the sale of property taken in trover,

where neither plaintiff nor defendant replevies etc.

. 62

'

978

JouRNAL OF THE HousE.

Also, an act to make it unlawful for any pei'S()o to shoot snare, trap, or in any manner kill any buck, doe or fawn: wild turkey or partridge, in the county of Jasper, between 15th March and 15th October of each year.
Also, a resolution authorizing the sale or lease of certain. property belonging to the State.
Also, a joiut resolution authorizing Mr. Horace Bradley to make certain improvements on the Hill portrait.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

J:fr. Speaker :
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the Speaker of the Hou~ and President of the Senate, the following acts, to-wit:
An act to amend section 4601 (a) of the Code of 1882, which confers jurisdiction un the Superior Court of the county ot the residence of the offender under section 4600 of the Code of 1882, to try the offender.
Also, an act to provide for the registration of all voters in the county of Ware.
Also, an act to repeal an act entitled an act to establish a Board ot Commissioners for Paulding county.
Also, an act to amend the charter of the town ofWarrenton.
Also, an act to incorporate the Georgia Fire Insurance Company of LaGrange.
Also, an act requiring the Commissioners of Roads and' Revenues of the county of Campbell to build a court housl' in each malitia district.
Respectfully submitted. IvY W. DuGGAN, Chairman.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

TUESDAY, OcTOBER 4, 1887.

979

Jfr. Speaker: The (;0 mmittee on Counties and County Matters 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 prohibit the sale of seed cotton in Wilke!'> county, Georgia, from the 15th day of August to the 15th day of December each year, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.
House resolution No. 210 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the vVhole House, Mr. Simmons in the chair.
Mr. Simmons, chairman of the Committee vf the Whole House, submitted the following report :

Mr. Speaker:
The Committf!e of the Whole House have had under consideration House resolution No. 210, which I am instructed to report back with the recommendation that the same do pass.
The following resolution was then read the third time ; the report of the committee was agreed to; upon the passage of the resolution it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Atkinson, Bailey, Birch more, Blalock,

Hagan, Hale, Ham, Hand, Harrell of Decatur, Harrison of Franklin,

McCleskey, Newton, Olive, Parker, Perry, Pi'ttman,

JOURNAL OF THE HousE.

Brady,. IBray, Brown of Henry, Brown of Cherokee, Brewster, 'Buchan, Calvin, Cameron, <Candler, Clay of Cobb, Clay of Walton, Comer, Coney, 'Crawford, Darden, Duggan, Durrance, Evans, :Felton of Bartow, Felton of Macon, .Featherston, Fortner, Fordham, Franklin of Fannin, Franklin of Thomas, Gamble, Gordon, Glenn, Greene of Clay, -Griffith, Grindle,

Harper, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Hughes, Hufl', Humphries of Cline:. Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Jones, Kenan, Lamar, Little of Talbot, Lumsden, Madden, Mills, Monroe, Morgan, Moye, McLane, McGhee, McGarrity, McKibben,

Preston, Ray, Rawls, Rich, Russell of Chatham, Russell of Polk, Shewmake, Simmons, Sims, Smith of Glynn, Smith of Jefferson, Stewart of Rockdale,. Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Vickers, Walker of Floyd, Walker of Putnam Watson, Weil, Whaley, Wheeler, Williams of Upson, Wilcox, Wilson.

Those not voting were Messrs.-

Adams of Elbert, Ashley, Belt. Berner, Black, Branch, Chappell, Coggins, Cook, Denney, Dodgen, DuBose, Fagan, Felton of Bibb,

Harris of Columbia, Pickett,

Harvey,

Reid,

Hawkins,

Reilley,

Henderson,

Reynolds,

Howell,

Rountree,

Humphries of Brooks, Russell of Clarke,

Johnson of Screven, Schofield,

Kennedy,

Smith of Crawford,

Key,

Smith of Gwinnett,

Kimbrough,

Stevens,

Lanier,

Stewart of Mitcltell,

Mathews,

Vaughn,

Mauney,

Vining,

Mixon,

Watts,

TUESDAY, OCTOBER 4, 1887.

981

Foute, Gardner, Gibson, Greene of Madison, Gresham, Harrell of Webster, Harrison of Quitman, Harris of Catoosa,

McCord, McLendon, McMichael, Nichols, Norris, Page, Peeples, Perkins,

Way, West, Whelchel, Williams of Harris, Williams of Jackson, Worsham, Mr. Speaker.

Yeas, 109. Nays, 0. Not voting, 65.

Having recived the requisite constitutional majority, the resolution passed, to-wit:
A resolution appropriating the sum of one hundred and twenty-five dollars for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of the Western and Atlantic Railroad.

The following bill was read the third time ; the report of the committee was agreed to, which was favorable to the passage of the bill by substitute, and the bill passed by substitute by the requisite constitutional majority, yeas 90, nays 0, to-wit :

A bill making the burning of certain houses a felony and prescribing u penalty for its violation.

Mr. Tate, chairman ofthe Committee on Special Judiciary; submitted the following report:

Mr. Speaker:
Your co~mittee have had under consideration the following bill, whic~ they recommend do pass, to-wit :

A bill to prevent the running at large oi all stock on Cumberland Island in the county of Camden, and for other purposes.
Respectfully submitted. F. C. TATE, Chairman.

The following bill was read the third time; the report of the committee, which was favorable to the passage of th~
bill, by substitute, was agreed to, and the bill passed by
substitute by the requisite constitutional majority, yeas 92, nays 2, to-wit :

982

JoURNAL oF THE HouSE.

A bill to require the Clerk of the Supreme Coutt, on the grant of a new trial, or refusal of any case by the Supreme Court, to forward immediately without charge or cost the full opinion of the Court, to be used as the law of the case.

The following bill was read the third time; the report of

the committee was agreed to, which was favorable to the

passage of the bill by substitute, anrl the bill passed, by

substitute, by the requis1te constitutional majority, yeas 99,

nays 0, to-wit :



A bill to amend an act entitled an act to provide for the better organization and government of the volunteer troops of this State, etc.

The following bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the bill, by substitute, and the bill passed, by substitute, by the requisite constitutional majority; yeas .97, nays 0, to-wit:
A bill to amend an act entitled an act to levy and collect a tax for the support of the State Government and public institutions, to pay interest, etc., for the fiscal years 1887 and 1888, so as to change the manner. of taxing sewing machine companies, etc.

By unanimous consent, House bill No. 441 was taken np for the purpose of considering the Senate amendments thereto, and, upon motion, the bill was recommitted to the Committee on General Judiciary.

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

Mr. Speaker :
The Committee on enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to establish the City Court of Newnan; to define its jurisdiction and powers, etc.

TUESDAY, OCTOBER 4, 1887.

983

Also, a resolution for the payment of mileage for the adjl}nrned session of 1887.
Alsl}, an act amending an act entitled an act, requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickens to be made fourteen feet side digging.
Also, an act to authorize the Trustees for the Congregation Benai Israel of Columbus, Georgia, to sell, and by proper deeds, to convey to the purchasers, title. to certain lands held by them for church purposes in Columbus, Georgia.
Also, an act to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them for church purposes.
Also, an act to amend section 9 of the General Tax Act for 1887 and 1888.
Also, a joint resolution to adjourn the General Assembly Bine die, October 20, 1887.
IvY W. DuGGAN, Chairman.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on Temperance, to-wit :
By Mr. Russell, of ClarkeA bill to prohibit the manufacture and sale of all intox-
icating liquors within three miles of Moore's Grove Church, in Clarke county.
House bill No. 612 was taken up for a third reading; as the same provided for an appropriation the House went into a Committee of the Whole House, Mr. Pittman in the chair.
Mr. Pittman, chairman of the Committee of the Whole House, submitted the following repol;i:
Mr. Speaker:
The Committee of the Whole House have had under consideration House bill No. 612, which they instruct me to report back that the same do pass as amended.

984

JouRNAL OF THE HousE.

The following bill was then read the third time ; upoo, agreeing to the report of the committee and the passage of the bill, the previous question was called for, which call was sustained, and the main question ordered.
The report of the committee was agreed to; upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.
upon the call of the !'ell the following is the result of. the vote:

Those voting in the affirmative were Messrs.-

Brady, Brown of Henry, Brown of Cherokee, Cameron, Chappell, Clay of Cobb, Clay ef Walton, Coney, Crawford, Darden, Denney, Durrance, Evans, Felton of Macon, Fortner, Gamble, Gordon, Glenn, Greim of Clay, Greene of Madison, Gresham, Griffith, Hagan,

Ham, Harrell of Decatur, Harrison of Franklin, Harris of Catoosa, Hayes, Henry, Hill of Meriwether, Hughes, Huff, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of Echols, Lamar, Lumsden, Madden, Morgan, Moye, McKibben, Olive, Perry,

Pittman, Preston, Ray, Rawls, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Simmons, Smith of Jefferson Stewart of Rockdale, Strickland, Tate, Terrell, Veazey, Vickers, Wat;;on, Weil, Whaley, West, Wilson.

Thos~ voting in the negative were Messrs.-

Adams of Greene, Arnheim, Bailey, Birch more, Coggins, Comer, Dodgen,

Foute, Fwmklin of Fa>tnin, Grindle, Hale, Harper, Holland, Howard,

McGhee, McGarrity, Rich, Shewmake, tltewart of M11rion, ,
Thomas, Walker of Floyd,

TUESDAY, OcTOBER 4, 1887.

985

Fagan, Felton of Bartow, Fordham,

Johnson of DeKalb, Little of Talbot, Mills,

Wheeler, Williams of Jackson, Wilcox.

Those not voting were Messrs.-

Adams of Elbert, .!Jhley, Atkinson, Belt, Berner, Black, Blalock, Branch, Bray, Brewster, Buchan, Oalvin. Candler, Cook, DuBose, Duggan, Felton of Bibb, Featherston, Franklin of Thomas, Gardner, Gibson, Hand, Harrell of Webster, Harrison of Quitman, Harris of Columbia, Harvey,

Hawkins, Henderson, Hill of Wilkes, Holleman. Howell. Humphries of Brooks, Johnson of Screven, Jones, Kenan, Kennedy, Key, Kimbrough, Lanier, Mathews, Mauney, Mixon, Monroe, McCord, McLane, McLendon, McOleskey, McMichael, Newton, Nichols, Norris, Page,

Parker, Peeples, Perkins, Pickett, Reid, Reynolds, Schofield, Sims, Smith of Crawford, Smith of G-lynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stovall, Taylor, Vaughn, Vining, Walker uf Putnam, Watts, Way, Whelchel, Williams of Harris, Williams of Upson, Worsham, Mr. Speaker.

Yeas, 67. Nayl'l, 30. Not voting, 77.

Not having received the requisite constitutional majority, the bill was lost, to-wit :

A bill for the relief of the estate of H. P. Dearing, late ofClarke county, Georgia, deceased, and to provide for the payment by the State of the following bond, endorsed by the !State of Georgia, to-wit: A first mortgage bond of the Macon and Brunswick Railroad for one thousand dollars, bearing seven per cent. interest, etc.
Leave of absence -was granted to Mr. Vaughn for a few days.
Mr. Arnheim moved to adjourn.

986

JouRNAL oF THE HousE.

The yeas and r..ays were called for, which call was no\. sustained.
The motion to adjourn was lost.
Mr. Ham moved to extend the hour of adjournment. Pending the consideration of this motion, the hour of adjournment having arrived, the House adjourned until to-morrow morning, at 8 o'clock,

ATLANTA, GEORGIA,
Wednesday, October 5, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adam& of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Berner, Birch more, Bl!ick, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton,

Ham,

Page,

Hand,

Parker,

Harrell of Decatur, Peeples,

Harrell of Webster, Perry,

Harrison of Franklin, Pittman,

Harrison of Quitman, Preston,

Harper,

Ray,

Harris of. Catoosa,

Rawls,

Harris of Columbia, Re,d,

Ha~vey,

Reilley,

Hawkins,

Reynolds,

Hayes,

Rich,

:Henry,

Rountree,

Hill of Meriwether, Russe11 of Chathe.m,

Hill of Wilkes,

Russell of Clarke,

Holland,

Russell of Polk,

Holleman,

Schofield,

Howard,

Shewmake,

Howell,

.Simmons,

Hughes,

Sims,

Huff,

Smith of Glynn,

Humphries of Brooks, Smith of Gwinnett,

WEDNESDAY, OCTOBER 5, 1887.

987

OlgginB. Comer, Coney, Crawford, Darden, Deaney, Dodgen, Do. Bose, Duggan, Durr&nce, Evans, Fagan, felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle, Hagan, Hale,

Humphries of Clinch, Smith of Jefferson,

Hunt,

Stevens,

Hutchison,

Stewart of Mitchell,

Iler,

Stewart of Rockdale,

Johnson of DeKalb, Stewart of Marion,

Johnson of Echols, Stovall,

Johnson of Screven, Strickland,

Jones,

Tate,

Kenan,

Taylor,

Key,

Terrell,

Kimbrough,

Thomas,

Lamar,

Veazey,

Lanier,

Vickers,

Little of Talbot,

Vining,

Lumsden,

Walker ot Floyd,

Madden,

Walker of Putnam,

Mauney,

Watts,

Mills,

Watson,

Mixon,

Way,

Monroe,

Wei!,

Morgan,

Whaley,

Moye,

West,

McCord,

Wheeler,

McLane,

Whelchel,

McGhee,

Williams of Harris,

McGarrity,

Williams ot Jackson,

McCleskey,

Williams ot Upson,

McLendon,

Wilcox,

McKibben,

Wilson,

Newton,

Worsham,

Norris,

Mr. Speaker.

Olive,

Those absent were Messrs.-

Ashley, Belt, Cook, Gardner, Henderson,

Kennedy, Mathews, McMichael, Nichols,

Perkins, Pickett, Smith of Crawford, Vaughn.

Mr. Lumsden, of the Committee on Journals, reported that the Journal ofyesterday's proceedings had been examined and found correct.
The Journal was then read and approved.

Leave of absence was granted the following members, to-

988

JouRNAL oF THE HousE.

wit: Messrs. Smith of Crawford, Clay of Walton, Gardner, Strickland, Hawkins and Blalock.
Mr. Holleman gave notice that at the proper time he would move to reconsider so much of the action of the House, had on yesterday, as relates to House bill No. 744.
Mr. Simmons gave notice that he would move to recon~ sider the action of the House, had on yesterday, as relates to accepting the invitation to attend the opening exercises of the Piedmont Exposition, etc.

Mr. Harrell, of Webster, gave notice that at the proper time he would move to reconsider so much of the action of
the House had on yesterday as relates fo House bill No:
100.

Mr. Russell, of Clarke, gave notice that at the proper
of time he would move to reconsider so much of the action
the house had on yesterday relating to House bill No. 612.
Mr. Holleman moved to reconsider so much of the action had on yesterday as relates to House bill No. 744; upon this motion Mr. Felton, of Bartow, called for the yeas and nays, which call was sustained.
Upon the call of the roll of the House, the following ia the result of the vote :
Those voting in the affirmative were Messrs.-

Birchmore, Brady, Coney, Crawford, Denney, Fagan, Fortner, Fordham, Gordon, Greene of Madison, Gresham, Hale. Harrell of Decatur, Harrell of Webster, Harris of Columbia, Henry, Hill of Wilkes,

Holleman, Howard, Hu:tf, Humphries of Brooks, Hunt, Johnson of Screven, Jones, Kenan, Lanier, Madden, Monroe, McGhee, McLendon, Newton, Perry, Preston, Ray,

Rawls, Reilley, Rich, Russell of Chatham, Russell of Clarke, Schofield, Simmons. Sims, Stewart of Rockdale,
Terrell, Vickers, Weil, Whaley, Wheeler, Williams of Jackson, . Williams of Upson.

WEDNESDAY, OCTOBER 6, 1887.

989

Those voting in the negative were Messrs.-

Adame of Elbert, Adams of Greene, Berner, Brewswr, Buchan, Cameron, Candler, Clay of Cobb, Clay of Walton, (Joggins, Darden, Dodgen, Duggan, Durrance, Evans; Felton of Bartow, Foute, t FJ:&nklin of Fannin, GibBon, Glenn, Green of Clay, Hagan,

Hand, Harrison of Franklin, Harper, Hawkins, Hayes, Holland, Hughes, Hutchison, Johnson of DeKalb, Johnson of Echols, Kimbrough, Lamar, Little of Talbot, Lumsden, Mauney, Mills, Morgan, Moye, McGarrity, McKibben, McCleskey, Olive,

Page, Parker, Peeples, Reid, Rountree, Shewmake, Smith of Jefferson, Stovall, Strickland, Tate, Taylor, The mas, Veazey, Walker of ~'loyd, Walker of Putnam, Watts, Watson, Whelchel, Williams of Harris, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Arnbeim, Ashley, Atkinson, Bailey, Belt. Black, Blalock, Branch, Bray, Brown of Henry, Brown of Cherokee, Calvin, Chappell, Comer, Cook, DuBose, J'elton of Bibb, Felton of Macon, Featherston, Franklin of Thomas,

Gamble, Gardner; Griffith, Grindle, Ham, Harrison of Quitman. Harris of Catoosa, Harvey, Henderson, Hill of Meriwether, Howell, Humphries of Clinch, Iler, Kennedy, Key, Mathews, Mixon, McCord, McLane,

McMichael, Nichols, Norris, Perkins, Pickett, PiLtman, Reynolds, Russell of Polk, Smith of Cr>twford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Stewart of Marion, Vaughn, Vining, Way, West, Mr. Speaker.

Yeas 50. Nays 66. Not voting 58.

990

JouRNAL oF THE HousE.

So the motion to reconsider was lost.
Mr. SimmonR moved to reconsider the action of the House had on yesterday, relating to accepting the invita-
tion to attend the opening exercises of the Piedmont Expo-
sition. Mr. Harrell, of Decatur, called for the previous question. Mr. Tate moved to table the motion to reconsider. Upon this motion the yeas and nays were called for,.
which call was sustained.
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Blalock, Branch, Bray, Brown of Cherokee, Brewster, Buchan, Candler, Clay of Walton, Coggins, Comer, Crawford, Darden, Dodgen, Durrance, Evans. Felton of Bartow, Felton of Bibb, Griffith, Grindle, Hagan, Ham,

Harrison of F1anklin, Page,

Harrison of Quitman, Peeples,

Harris of Catoosa, Perry,

Hawkins,

Rawls,

Hayes,

Rountree

Henry,

Shewmake,

Hill of Wilkes,

Smith of Jefferson,

Hughes,

Stricklan~.

Hutchison,

Tate,

Iler,

Veazey,

Johnson of DeKalb, Vickers,

Johnson of Echols, Walker of Floyd,

Jones,

Watts,

Lumsden,

Watson,

Madden,

Wei!,

Mauney,

West,

Morgan,

Whelchel,

Moye,

Williams of Harris,

McUord,

Williams of Jackson,

McLendon,

Wilcox,

McKibben,

Wilson,

Olive,

Worsham.

Those voting in the negative were Messrs.-

Adams of Greene, Arnheirn, Berner, Birch more, Brady, Cameron, Clay of Cobb,

Hale, Hand, Harrell of Decatur, Harrell of Webster, Harper, Harris of Columbia, Hill of Meriwether,

McCleskey, Newton, Ray, Reid, Reilley, Rich, Russell of Chatham,

WEDNF.SD.AY, OCTOBER 5, 1887.

991

Coney, Denny, Duggan, Fagan, Felton of Macon, Fortner, Fordham, .B'oute, Franklin of Fannin, Gibson, Gordon, Glenn, Green of Madison, Gresham,

Holland, Holleman,

Russell of Clarke. Schofield,

How'ard,

Simmons,

Humphries of Brooks, Sims,

Humphries of Clinch, Stewart of Rockdale,

Hunt,

Stewart of Marion,

Kenan,

Stovall,

Kimbrough,

Taylor,

Lamar,

Terrell,

Lanier, Little of Talbot,

Thomas, Walker of Putnam,

Monroe, McGhee,

Whaley, Wheeler,

McGarrity,

Those not voting are Messrs.-

Ashley, &.tkinson, Bailey, Belt, Black, Brown of Henry, Calvin, Chappell, Cook. DuBose, Featherston, .Franklin of Thomas, Gamble, Gardner, Green of Clay, Harvey,

Henderson. Howell, Huff, .Johnson of Screven, Kennedy, Key, Matthews, :Mills, Mixon, McLane,
Mc~Iichael,
Nichols, Norris, Parker, Perkins,

Pickett, Pittman, Preston, Reynolds, Russell of Polk, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Vaughn, Vining, Way, Williams of Upson, Mr. Speaker.

Yeas 66. Nays 62. Not voting 46.

So the motion to reconsider was tabled. Mr. Harrell, of Webster, moved to reconsider so much of tiM! action of the House had on yesterday as relates to House bill No. 189. Mr. Candler moved to table the motion to reconsider, which motion prevailed, and the motion to reconsider was tabled.

Mr. RuRsell, ot Clarke, moved to reconsider so much of the action of the House had on yesterday as relates to House bill No. 612, which motion prevailed, and the bill was reconsidered.

992

JOURNAL OF THE HOUSE.

Mr. Harrell, of Decatur, offered the following resolution

which was read and adopted, to-wit :

'

Resolved, That a session of this House be held on Wednesday, Thursday and Friday nights, commencing tonight at 7:30 o'clock, for the purpose of considering House bills for third reading and Senate bills favorably reported.

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 the requisite constitutional majority, yeas 101, nays 0, to-wit:

A bill to amend an act commonly known as the Tax Act of 1887 and 1888.

Upon motion, House bill No. 612 was reinstated in its proper place upon the calendar.

The hour for the special order having arrived, upon motion of Mr. Felton, of Bibb, House bill No. 642 was taken up.

Mr. Lamar oftered the following resolution, to-wit:

Resolved, That the limitation on the time of the debate apply to debate in the Committee of the Whole House on special orders and other matters therein.
Upon the adoption of the resolution, the previous question was called, which call was sustained, and the main question ordered, and the resolution was adopted.,

Upon motion of Mr. Felton of Bibb, the House went into a Committee of the Whole House for the further consideration of House bill No. 642, Mr. Clay, of Cobb, in the chair.

Mr. Clay, chairman of the Committee d the Whole House, submitted the following report:

Mr. Speaker:
The Committee of the Wl-tole House have had under consideration House bill No. 642, which they instruct me to report progress and ask leave to sit again.

WEDNESDAY, OCTOBER 5, 1887.

993

Upon .moti()D (){Mr. Glenn, it was agreed that the evenjag sesswn be devoted to the further consideration of House
bill N.o. 642, and to continue until the bill is disposed of.
Upon motion of Mr. Glenn, the request of the Senate providing for Committee of Conference on House bill No. 514, was taken up and agreed to.
The Speaker announced the following members on part flf the House as the Committee of Conference on Hous~ bill No. 514, to-wit: Messrs. Glenn, Candler, Adams of Greene, and Harrison of Quitman.
The following message was received from the Senate, tmough Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :
The Senate has passed the following bills of the Houser by the requisite constitutional majority, to-wit:
A bill to amend section 9 of the General Tax Act for 1887 and 1888; passed, by the requisite constitutional IDajority; yeas 26, nays 0.
Also, a bill amending an act entitled an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickens, to be made 14 feet side digging; rassed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate has also passed the following bill of the House, with certain amendments, by the requisite constitutional majority, to-wit:

A bill to amend an act entitled an act to prohibit the sale of alcoholic, spirituous or malt liquors in the county of Pike; passed by the requisite constitutional majority; yeas
27, nays 0.
The Senate fUJ'thlr in~i'<ts on its amendment and asks
for a Committee of C..,l!,J-.,nce of three from the Senate and five from the Hou.,,. " ' the following bill of the House to-wit:
63

994

JOURNAL OF THE HOlJSE..

A bill to be entitled an act to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and to provid8 penalties for infractions of the provisions of this act, and for other purposes; and has appointed as a committee on the part of the Senate, Messrs. Jackson, Smith of the 6th district and Brantley.
, The Senate has also concurred in the following resolutions of the House, to-wit:
A resolution for thfl payment of mileage for the adjourned session of 1887.
Also, a resolution to adjourn the General Assembly sine die October 20, 1887.
The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to allow persons charged with crime to testify in their own behalf; passed by the requisite constitutional majority ; yeas 23, nays 5.
Also, a bill to incorporate the Merchants' and Planters' Bank of Carrollton, Georgia; passed by the requisite constitutional majority; yeas 26, nays 0.
Mr. Gordon, 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 instruct me to return to the House with the recommendation that the House do not concur in the amendments of the Senate thereto, to-wit:
A bill to carry into effect the amendment to article 7 sec~ tion 1, paragraph 1 of the Constitution of 1877, by making suitable provisions for such confederate soldiers as may have been permanently injured in such service.
Also, the following bill and resolution, which they recommend do not pass, to-wit:
A bill for the relief of E. W. Coleman.

WEDNESDAY, OCTOBER 5, 1887.

995

Also, a resolution for the relief of Mrs. Mary W. Blitch,

of Bulloch county.

.

..

Also, the following bill which they recommend that the

introducer be allowed to withdraw, to-wit:

A bill for the relief of Mrs. Louisa A. McElroy. Respectfully submitted.
WM. W. GORDON, Chairman.

By unanimous consent, the following House bill was read

the second time, to-wit:

A bill to make the Sheriff of the county of D8catur ex-offici~ Sheriff of the Cou~ty Court of'said county.

The House then adjourned until 2:30 o'clock p. m.

2:300'CLOCK P. ~L
The House met pursuant to adjournment and was called to order by the Speaker. . Upon motion the roll call was dispensed with.
Leave of absence was granted to Mr. Brady.
Upon motion of Mr. Ham, the House resolved itself into a Committee of the Whole House for the further considera- tion of House bill No. 642, Mr. Clay, of Cobb, in the cnair.
Mr. Clay, of Cobb, chairman of the Committee of the Whole House, submitted the following report :
Mr. Speaker:
The Committee of the Whole House have had under ccnsideration House bill No. 642, which they instruct me to report progress and asks leave to sit again.
Upon motion of Mr. Harrell, of Decatur, it was agreed that the session of to-night be devoted to the further consideration of House bill No. 642.
Mr. Chappell, chairman of the Committee on Railroads, submitted the following report:

996

JOURNAl, OF THE HOUSE.

Mr. Speaker :

The Committee on Railroads have had under considera-

tion the following bills of the House, which I am direeted

to report back with the recommendation that they do palll!,

to-wit:



Bill No. 997, w incorporate the Atlanta Suburban Rail-
way Company. Also, bill No. 1008, to incorporate the Tallulah Falls
Railroad and Improvement Company.

The committee pavt- also hacl under consideration the following biil of the House, which I am directed to report back with the recommendation that it do pass, as &Dleoded, to-wit:

Bill No. 948, to prevent frauds upon travelers by restricting the sale of tickets to the duly authorized agents of public carriers.
The committee also report back the following bills of the House, with the recommendation that they be read the second time and be recommitted to this committee, to-wit:

Bill No. 758, to incorporate the Macon City and Suburban Railway, Light and Power Company.

Also, bill No. 895, to incorporate the Metropolitan Street
Railway Company. Respectfully submitted. THos. J. CHAPPELL, Chairman.

Mr. Walker, chairman of the Committee on Temperance, submitted the following report:

JJ1. 8pea/{e1':
The committee on Temperance have had under consideation the following bill, which they request me to report back to the House, with the recommendation that the same do pas:-;, as amended, to-wit :
A bill entitled an act .to prohibit the manufacture and sale of spirituous, vinous, malt or other intoxi<:ating liqnofll

WEDNESDAY, OCTOBER 5, 1887.

997

in the 746th district G. M., of Coweta county, Georgia, as
amended . .Also, .a resolution for the relief of Mullin, Burt, Stubbs
and others of the county of Dodge, which they recommend be recommitted to the Committee on Finance.
Also, a bill entitled an act to appropriate the sum of $5,000 for the purpose of providing a Home or House of Refuge for such unchaste women and girls as may express a desire to return to the paths of virtue, etc., which they also request to be recommitted to the Committee on Finance.
Respectfully submitted. N. S. WALKER, Chairman.
By unanimous consent, the following bills were read the second time, to-wit :
A bill to incorporate the Macon City and Suburban Railway, and Light and Power Company.
Upon motion, the same was recommitted to Committee on Railroads.
Also, a bill to incorporate the Metropolitan Street Railway Company, and was r!!committed to Committee on Railroads.
Mr. Clay, of Cobb, offered the following resolution, which was read and adopt~d,to-wit:
Resolved, The debate upon the bill, the present order for the night session, be concluded at 9 o'clock p. m., in the Committee of the Whole, and reported back.
Leave of absence was granted to Messrs. Kimbrough and Harvey.
Leave of absence was granted to the Committee on Deaf ~nd Dumb Asylum from the evening session.
Upon motion, the House adjourned until 7:30 p. m.

7:30 O'CLOCK P. M.
The House met pursuant to adjournment, and was called to order by the Speaker.

998

JouRNAL oF THE HoUf!E.

Upon motion, the roll call was dispensed with.
Upon motion, the House resolution resolved itself into a Committee of the Whole House, for the further consideration of House bill No. 642, Mr. Clay, of Cobb, in the chair.
Mr. Clay, chairman of the Committee of the Whole Hou~, submitted the following report:
Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 642, which they instruct me to report progress, and ask leave to sit again.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority' yeas 90, nays 0, to-wit :
A bill to authorize and require the registration. of all voters in the county of Meriwether, in this State.
By unanimous consent, the following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 91, nays 0, to-wit~
A bill to require the owners of horses, mules, hogs, cows, sheep, goats and CL.ttle and stock of all kinds to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the following militia districts in Harris county, Georgia, to. wit: Nos. 672, 782, 1186, 696 and 717, etc.
By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Finance, to-wit : By Mr. Pittman-
A resolution authorizing the Treasurer to pay to the widow of Hon. M. H. Hart, deceased, late Representative from Troup county, the balance of per diem and mileage which would have been due him for the entire session.
Upon motion, the House adjourned until to..:morrow morn ing at 8 o'clock.

THURSDAY, OcTOBER, 6, 1887.

999

ATLANTA, GEORGIA,
Thursday, October 6, 1887. The H~use met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :
Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Bern,.r, Birchmore, Black, 'Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Oook, Crawford, Darden, Denney, Dodgen, DuBose, Iluggan, Durrance, Evans, Fagan,
Felton of Bartow,

Hale,

Norris,

Ham,

Olive,

Hand,

Page,

Harrell of Webster, Parker,

Harrell of Decatur, Peeples,

Harrison of Franklin, Perry,

Harrison of Quitman, Pittman,

Harper,

Preston,

Harris of Catoosa,

Ray,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Rich,

Hill of Meriwether, Rountree,

Hill of Wilkes,

Russell of Chatham,

Holland,

Russell of Clarke,

Holleman,

Russell of Polk,

Howard,

Schofield,

Howell,

Shewmake,

Hughes,

Simmons,

Huff,

Sims,

Humphries of Brooks, Smith of Crawford,

Humphries of Clinch, Smith of Glynn,

Hunt,

Smith of Gwiimett,

Hutchison,

Smith of Jefferson,

Iler,

Stevens,

Johnson of DeKalb, Stewart of Mitchell,

Johnson of Echols, Stewart of Rockdale,

Johnson of Screven, Stewart of Marion,

Jones,

Stovall,

Kenan,

Strickland,

Kennedy,

Tate,

Key,

Taylor,

Kimbrough,

Terrell,

Lamar,

Thomas,

Lanier,

Veazey,

1eoo

JouRNAL OF THE BotJsE.

Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, GiJ>son, Gordon, Glenn, Green of Clay, Greene of Madison. Gresham, Griffith, Grindle, Hagan,

Little of Talbot, Lumsden, Mad_!len, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, McMichael, Newton,

Those-absent were Messrs.-

Ashley, Branch, Gardner, Harvey,

Henderson, Mathews, Nichols, Perkins,

Vickers, Walker of Floyd, Walker of Putnam, )V"tts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. Speaker.
Pickett, Reynolds, Vaughn, Vining.

Mr. Lumsden, of .the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.
Leave of ahsense was granted to the following members, to-wit: Messrs. Crawford, Walton, Birchmore, Rountree, Humphries of Clinch, Ray, Lumsden and Grindle.
By unanimous consent, the following bill was taken np and the same read the third time ; the report of the com-. mittee was agreed to, and the bill passed by the requisite constitutional majority, yeas 89, nays 13, to-wit:

A bill for the relief of D. H. Hubbard, Tax Collectot' of Polk county.
The hour for the special order having arrived, upoa motion of Mr. Felton of Bibb, the special order was takeD up, which was the further consideration of House bill No. 642.

THURSDAY, OCTOBER 6, 1887.

1001

Upon motion the House went into a Committee of the Whole House, Mr; Clay of Cobb, in the chair.

Mr. Clay, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker :
The Committee of the Whole House have had under consideration House bill No. 642, which they instruct me to report back to the House with the recommendation that the same do not pass.

The following bill was then read the third time. Mr. Worsham called for the previous question. Upon sustaining the call for the previous question, the yeas and nays were called for, which call was sustained.
Upon the call of the roll of the House, the following IS the result of the vote :
Those voting in the affirmative were Messrs.-

Adams of Elbert,

Adams of Greene,

Arnheim,

Atkinson,

Birchmore.

Brown of Henry,

Brown of Cherokee,

Brewster,

Candler,

Chappell,

Clay of Cobb,

Coggins,

Comer,

Coney,

Darden,

DuBose,

Durrance,

Evans,

lelton of Bartow,

Featherston,

l'oriham,

Franklin of Thomas,

Gamble,

Greene of Madison

Gresham,

'

Grindle, Hale, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harris ot. Columbia, Hill of :Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Johnson of DeKalb, Johnson of Echols, Johnsor. of Screven, Jones, Lamar, Lanier, Lumsden, Mills, Mixon. Monroe, Morgan, ltoye, McCord,

McMichael, Newton, Norris, Parker, Peeples, Rawls, Reid, Reilley, Rich, Rountree, Russell of Chatham, Simmons, Stewart of Mitchell, Stewart of Marion, tltovall, Taylor, Thomas, Walker of Putnam, Whaley, West, Williams of Harris, Williams of Upson Wilcox, Worsham.

1002

JouRNAL OF THE HousE.

Those voting in the negative were Messrs.-

Berner, Bray, Buchan, Calvin, Cameron, Crawford, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, .tl'oute, Franklin of Fannin, Gibson, Glenn, Griffith, Hagan, Ham, Hand, Harrison of Franklin,

Harper.

McKibben,

Hawkins,

Olive,

Hayes,

Page,

Henry,

Perry,

Howell,

Preston,

Hughes,

Ray,

Huff,

Russell of Clarke,

Humphries of Brooks, Russell of Polk,

Humphries of Clinch, Schofield,

Hunt,

Shewmake,

Hutchison,

Sims,

Iler,

Tate,

Kenan,

Terrell,

Little of Talbot.

Vickers,

Madden,

Watson,

Mauney,

Wheeler,

McLane,

Whelchel,

McGhee,

Williams of Jackson,

McGarrity,

Wilson.

McLendon,

Those not voting were Messrs.-

Ashley, Bailey, Belt, Black, Blalock, Brady, Branch, Clay of Walton, Cook, Fagan, Fortner, Garqner, Gordon, Green of Clay,

Harris of Catoosa, Harvey, Henderson, Kennedy, Key, Kimbrough, Mathews, McCleskey, Nichols. Perkins, Pickett, Pittman, Reynolds, Smith of Crawford,

Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Strickland, Vaughn, Veazey, Vming, Walker of Floyd, Watts, Way, Wei!, Mr. Speaker.

Yeas 73. Nays 59. Not voting 42.

So the call was sustained.
Mr. Glenn moved to reconsider the action of the House in sustaining the call for the previous question.
Mr. Worsham moved to lay the motion to reconsider OD the table.

THUlt8DAY, OcToBER 6, 1887.

1003

Upon the motion to table, Mr. Ham called for the yeas and nays, which call was sustained.
Upon the call of the roll the following is the result ot the vote, to-wit :
Those voting in the affirmative were Messrs.-

Adams of Elbert, . Adams t~f Greene,
Arnheim, AMdnson, Berner, Birchmore, Brown of Henry, Brown of Cherokee, Brewster, Chappell, Clay of Cobb, Coggins, Comer, Coney, Darden, DuBose, Durrance, Evans, ll'elton of Bartow, Featherston, Fordham, Franklin of Thomas, Gamble, ~reene of Madison, Gresham,

Grindle,

.Li!ewLon,

Hale,

Norris,

Harrell of Decatur, Olive,

Harrell of Webster, Parker,

Harrison of ~uitman, Peeples,

Harris of Columbia, Pittman,

Hill of Meriwether, Rawls,

Hill of Wilkes,

Reid,

Howard,

Rich,

Humphries of Brooks, Rountree,

Iler,

Simmons,

Johnson of DeKalb, Sims,

Johnson of Echols, Stewart of Mitchell,

Johnson of Screven, Stewart of Marion,

Key,

Stovall,

Lamar,

Taylor,

Lanier,

Thomas,

Lumsden,

Walker of Putnam,

Mills,

Whaley,

Mixon,

West,

Monroe,

Whelchel,

Morgan,

Williams of Harris,

Moye,

Williams of Upson,

McCord',

Wilcox,

McMichael,

Worsham.

Those yoting in the negative were Messrs.-

Bray, Buchan, Calvin, Cameron, Candler, Clay of Walton, Crawford, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, Foute,

Hand, Harrison of Franklin, Harper, Hawkins, Hayes, Henry, Howell, Hughes, Hutt; Humphries of Clinch, Hunt, Hutchison, Little of Talbot,

McLendon, McKibben, Page. Perry, Preston, Ray, Russell ot Clarke, Russell of Polk, Schofield, Shewmake, Tate, Terrell, Vickers,

1004

JoURNAL oF THE HOUSE.

Franklin of Fannin, Gibson, Glenn, Griffith, Hagan, Ham

Madden, Mauney, McLane, McGhee, McGarrity,

Watson, Way, Weil, Wheeler, Wilson.

Those not voting were Messrs.-

Ashley, Bailey, Belt, Black, Blalock, Brady, Branch, Cook, Fagan, Fortner, Gardner, Gordon, Green of Clay, Harris of Catoosa, Harvey,

Henderson, Holland, Holleman, Jones, Kenan, Kennedy, Kimbrough, Mathew McUleskey, Nichols, Perkins, Pickett, Reilley, Reynolds, Russell of Chatham,

Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of J etferson, Stevens, Stewart of Rockdale, Strickland, Vaughn, Veazey, Vining. Walker of Floyd. Watts, Williams of Jackson, Mr. Speak~r.

Yeas 75. Nays 55. Not voting 44.

So the motion to reconsider was tabled and the main que~~~: tion ordered to be put.

Mr. Howell moved to take from the table the motion to reconsider, which motion was lost.

Mr. Huff moved to take from the table the motion to reconsider; upon the motion to take from the table, the yeas and nays were called for, which ('all was sustained.

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Atkinson, Berner, Bray, Buchan, Calvin, Cameron, Candler, Clay of Walton,

Harper, Hawkins, Hayes, Henry, Hill of Meriwether, Howell, Hughes, Hufl',

Page, Peeples, Perry, Preston, Ray, Reilley, Rountree, Russell of Chatbam1

THURSDAY, OcTOBER 6, 1887.

1005

Qrawford, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, Foute, Franklin of Fannin, Gamble, Gibson, Gordon, Glenn, Griffith, BAgan, Ham, Harrison of Franklin,

Humphries of Cline::-. Hutchison, Iler, Kenan, Lamar, Little of Talbot, Madden, Mauney, Mixon, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, Olive,

Russell of Clarke, Russell of Polk, Schofield, Shewmake, Sims, Smith of Glynn, Tate, Terrell, Vickers, Watson. Way, Wei!, Wheeler, Williams of Jackson, Wilson.

Those voting in the negative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Birch more, Blalock, Brown of Henry, Brown of Cherokee, Brewster, Chappell, Coggins, Coney, Darden, DuBose, Durrance, Evans, Felton of Bartow, Featherston, Fordham, Franklin of Thomas, Greene of Clay, Greene of Madison,

Gresham,

Newton,

Grindle,

Norris,

Hale,

Parker,

Hand,

Pittman,

Harrell of Decatur, Rawls,

Harrell of "''ebster, Reid, Harrison of Quitman, Rich,

Harris of Columbia, Sim1nons,

Hill of Wilkes,

Stewart of Mitchell,

Howard,

Stewart of Marion,

Humphries of Brooks, Stovall,

,Johnson of Echols, Taylor,

.Johnson of Screven, Thomas,

Key,

Walker of Putnam

Lanier,

Whaley,

Lumsden,

West,

Mills,

Whelchel,

Monroe,

Williams of Harris,

Morgan,

Williams of Upson,

Moye,

Wilcox,

McMichael,

Worsham,

Those not voting were Messrs.-

Ashley, Bailey, Belt. Black, Brady, Branch,

Henderson, Holland, Holleman, Hunt, Johnson of DeKalb, Jones,

n('~'!JOlds,
1:'>111iLh of Crawford. ::-\111ith of Gwinnett, SnL th uf Jefferson, SteYens, Stewnrt of Rockdale,

1006

JouRNAL OF THE HousE.

Clay of Cobb, Comer, Cook, Fagan, Fortner, Gardner, Harris of Catoosa, Harvey,

Kennedy, Kimbrough, Mathews, McCleskey, Nichols, Perkins, Pickett,

Strickland, Vaughn, Veazey, Vining, Walker of Floyd, Watts, Mr. Speaker.

Yeas, 71. Nays, 63. Not voting, 40.

So the motion to reconsider was taken from the table.

Upon the motion to reconsider the action of the House in sustaining the call for the previous question, the yeas and nays were called for, which call was sustained.

Upon the call of the mil the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Atkinson, Berner, Bray, Buchan, Jalvin. Cameron, Candler, Clay f Walton. Coney, Crawford, Denney, Dodgen, Duggan, Felton of Bibb, Felton of Macon, Foute, Franklin of Fan.nin, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Griffith, Hagan, Ham, Harrison of Franklin,

Harrison of Quitman, Harper, Hawkins, Hayes, Henry, Hill of ::1-leriweiher, Howell. Hughes, Huff, Humphries of Clinch, Hunt, Hutchison, Iler, Jones, Kenan, Lamar, Little of Talbot, Madden, Mauney, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McMichael,

Olive, Page, Peeples, Perry, Preston, Ray, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Shewmake, Sims, Smith of Glynn, Tate, Terrell, Vickers, Watson, Way, Wei!, Wheeler, Whelchel, Williams of Jackson,
Wilson.

THURSDAY, OcTOBER 6, 1887..

1007

Those voting in the negative were Messrs.-

Adams of Elbert, Adams of Greene, Amheim, Birch more, Blalock, Brown or Cherokee,
Brewster, Chappell, Clay of Cobb, Coggins, Darden, DuBose, Durrance, Evans, Felton of Bartow, Featherston, Fordham, Green of Clay, Greene of Madison,

Gresham, Grindle, Hale, Hand, Harrell of Decatur, Harrell of Webster, Harris of Columbia, Hill of Wilkes, Holleman. Humphries of Brooks, Johnson of DeKalb, Johnson of Echols, Johnson of Screven, Key, Lanier, Lumsden, Mills, Monroe, Morgan,

Moye, Newton, Norris, Parker, Rawls, Reid, Rich, Simmons, Stewart of Mitchell, Stewart of Marion, Stovall, Taylor, Thomas, Walker vf Putnam, Whaley, West, Wilcox. Worsham.

Those not voting were Messrs.-

Ashley, Bailey, Belt, Black, Brady, Branch, Brown of Henry, Comer, Cook, Fagan, Fortner, Gardner, Harris of Catoosa, Harvey,

Henderson, Holland, Howard, Kennedy. Kimbrough, Mathews, Mixon, McCleskey, Nichols, Perkins, Pickett, Pittman, Reynolds, Smith of Crawford,

Smith of Gwinnett, Smith of Jefferson Stevens, Stewart of Rockdale, Strickland, Vaughn, Veazey, Vining, Walker of Floyd, Watts, Williams of Harris, Williams of Upson, Mr. Speaker.

Yeas, 77. Naysr 57. Not voting, 41.

So the action of thfl House in sustaining the call for the previous question was reconsidered, and, upon motion, the bill was recommitted to the Committee on Penitentiary, to-wit:

A bill to establish a permanent penitentiary and supply farm,

100~

JouRNAL oF THE HousE.

Upon motion of Mr. Berner, House resolution No. 1-64 waH made the special order for Tuesday, the 11th inst,, immediately after the reading of the Journal.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit :
A bill to amend the charter of Americus, Georgia; passed by the requisite constitutional majority; yeas 28, nays 0.
Also, a bill to amend the charter of the town of Adairsville, in Bartow county; passed by tile requisite constitutional majority ; yeas ~6, nays 0.
The Senate has also passed the following bill of the House, with certain amendments, by the requisite constitutional majority, yeas 27, nays 0, to-wit :
A bill to amend section 4600 of the Code of 1S82.
The Senate has also passed the following bill of the Honse, by substitute, by the requisite constitutional majority, yeas 26, nays 0, to-wit:
A bill to prescribe the time within which tax fl. jas. may
be enforced, and for other purposes. The Senate has also refused to pass the following bills of
the House, to-wit:
A bill to altar and amend Section 508 ( l) of the Code of Georgia.
Also, a bill to make slander in certain cases a misdemeanor.
The Senate has also passed the following bills of the Senate by the req nisite constitutional majority, to-wit :
A bill to authorize the Ordinary of Telfair county to seH all insolvent taxfi.Jas. belonging to the county; passed,by the requisite constitutional majority; yeas 27, .nays 0.

THURSDAY, OcTOBER 6, 1887.

1009

ettAa lsaon'da

bill to North

amend the charter of originally the MariGeorgia Railroad Company, and for other

purposes ; passed by the requisite constitutional majority ;

yeas 27, nays 0.

Also, a bill to ratify and confirm to the Macon and Cov-

ington Railroad Company the right and authority to make

certain extensions of its main line; passed by the requisite

constitutional majority ; yeas 28, nays 0.

.

Mt. Hat-rison, 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 do pass, to-wit:

A bill to amend an act incorporating the Fulton county Street Railroad Company, approved September 17, 1883, and for other purposes ; proof.'> correct.
Respectfully submitted. wrLLIAM HARRISON, Chairman.

The following message was received from his Excellency,
the Governor, through Mr. ,V. H. Harrison, Clerk of the
Executive Department:
Mr. Speaker :

The Governor has approved the following acts, to-wit:

An act to require the Clerk of the Superior Court of each
county to procure and keep a duplex index book of the written instruments of record in his office.
Also, an act to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company.
. . Also, an act to make Countr Commissioners' Tax Re-
cetvers, Tax Collectors, member; of the County Boards of
Education, County School Commi~:;ioners, Ordinaries and County Treasurers incompetent to serve as grand jurors
during their term of office. 64

HHO

JouaNAL OF THE HousE.

Also, an aet to provide for the amendment of affidavits to foreclose liens.
Also, an act for the relief of D. W. Price, ex-County Treasurer of Douglass county, and his securities on bond,
etc.
Also, an act to provide for the appointment and eommis-. sioning of a surgeon for each light battery of artillery ot volunteers.
Also, an act to provide for the disposition and appropriation to public bridges in Dodge county of all money in the 'County Trearmry of said county, by virtue of an act to provide for the disposition of all moneys in the hands of Superintendents ot Roads and Treasurers of Boards ot Road Commissioners, etc.
Also, au act to designate the officers of the County Court of Terrell county; to provide for their compensation, and for otl::er purposes.
Also, an act to prevent fishing, hunting or otherwise trespassing on the lands of another in the county of Washington, after being notified by the owner, agent or lessee, to keep off the same, and for other purposes.
Also, an act to prohibit the sale of spirituous, malt or vinous liquors within four miles of Mount Zion Colored Methodist Church in the lOth district of Meriwether county, and to provide a penalty for the viO'lation ofthe same.
Also, an act to provide for the registration of voters in the county of Floyd, etc.
Also, an act to establish tht City Court of Newnan; to define its jurisdiction and powers, and to provide for the appointment of a Judge and other officers, and for other purposes.
The Governor has also approved the following resolutions, to-wit:
A. resolution to authorize the sale or lease of certain property belonging to the State.
Also, a resolution authorizing Mr. Horace Bradley to make certain improvements on the Hill portrait.

THURSDAY, OcTOBER 6, 18.87.

1011

The following message was received from tho Senate,
~rough Mr. W. A. Harris, the Secretary thereof: .

Jfr. Speaker:
The Senate has passed the following bills of the House, with certain amendments, by the requisite constitutional
maJority, to-wit:
A bill to appropriate the sum of five thousand dollars, for the repair of the buildings of the State University; passed
bf the requisite constitutional majority ; yeas 24, nays 9.
o\.lSQ, a bill to appropriate the sum of thirty-five hundred dollars for the repairs of the old Capitol building, now used by the Middle Georgia and Agricultural College ; passed by the requisite constitutional majority; yeas 28, nays 7.
Also, a bill to appropriate the sum of thirty-five hundred dollars to the University ofGeorgia, at Thomasville; passed
\>y the requisite constitutional majority ; yeas 28, nays 5.
Also, a bill to appropriate the sum of five thousand dollars to the University ot Georgia, at Dahlonega; passed by the requisite constitutional majority; yeas 25, nays 8.
Mr. Hill; chairman pro tem. of the Committee on General Judiciary, submitted the following report:

.llr. Speaker:
The Committee on General Judiciary have had under consideration the following resolution, which I am instructed to return to the House with the recommendation that the same be adopted by the House, to-wit :
. A resolution to require surety on the bond of the lessees of the Western and Atlantic Railroad.
Also, a resolution to appoint a Commission to make an inventory and appraisement of the State Road, to proteet the. State's property in the same, and for other purposes, whiCh I am instructed to return to the House with the recommendation that it do pass, as amended.
;rhey have also had under consideration the following

1012

JouRNAL OF THE HousE.

bill, which I am instructed to return to the House, with the
re- recommendation that it be read the second time and be
committed, to-wit:

A bill to provide lor additional supervision of railroads in this State, and for other purposes.
Respectfully submitted. HILL, of Meriwether, Chairman pro tern.

The following House bills were taken up, and the Senate amendments thereto concurred in, to-wit:

A bill to appropriate five thousand dollars to the Uni-

versity of Georgia to complete its branch college building

at Dahlonega.



Also, a bill to appropriate the sum of fivethousand dol-

lars or so much thereof as may be necessary for the purpose

of repairing the bui 1dings of the University of the State of

Georgia.

Also, a bill to appropriate the sum of thirty-five hundred

dollars for the repairs of the old capitol building now used

by the Middle Georgia Military and Agricultural College

in Milledgeville, Georgia.

Also, a bill to- appropriate the sum of three thousand five

hundred dollars to the University of Georgia for the pur-

pose of completing and furnishing the buildings of the

branch ofsaid University at Thomasville.
Also, a bill to prescnbe the time within which tax fi. faa.

may be enforced, etc.

Also, a bill to authorize the Ordinaries of the several
counties of thh; State to issue fi. Jas. for their fees and costs,

etc.

Also, a bill to amend section 4600 of the Code of Georgia.

Under a suspension of the rules, the following bill was read the third time ; the report of the committee was agreed to, the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit :

A bill to relieve Thomas Davis, Sr., security on the penal bond of Geo. W. Davis, etc.

THuRSDAY, OcTOBER 6, '1887.

1013

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were . exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit :
A biil to relieve J. Y. Hill, security on the penal bond of Berrian Davis.
The House then adjourned until 2:30 o'clock p. m.

2:30 0CLOCK, P. M.

The House met pursuant to adjournment and was called to order by the Speaker.

Upon motion the roll call was dispensed with.
By unimimous consent, the following resolution was read the second time, to-wit :
A resolution to appoint a committee to make an inventory and appraisement of the State Road ; to protect the State's property in the same, etc.
By unanimous consent, resolution No. 217 was made the special order for Tuesday, October 11th instant, immediately after the reading of the Journal.

House bill No. 612, was taken up for a third reading, and upon motion the bill was tabled.

The following bill was read the third time, the report of

the committee was agreed to ; upon the passage of the bill

the previous question was called, which call was sustained,

and the main question ordered.

, Upon the passage of the bill the yeas and nays were

called for, which call was sustained.



Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Bailey,

Hale. Ham, Hand,

Norris, Olive, Page,

Berner, Black,

Harrell of Decatur, Parker, Harrison of Franklin, Perry,

1014

JouRNAL OF THE HousE.

Blalock, Brown of Henry, Brewster, Buchan, Calvin, Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Darden, Denney, Duggan, Durrance, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Gordon, Green of Clay, Greene of Madison, Gresham, Griffith, Hagan,

Harris of Catoosa, Harris of Columbia, Hayes, Henderson, Hill of Wilkes, Holleman, Howard, Hughes, Humphries of Clinch, Hunt, Hut..hison, Iler, Johnson of Echols, Johnson of Screven, Kenan, Key, Lam11r, Lanier, Lumsden, Mauney, Mills, Monroe, Morgan, Moye, McCord, McLane, McGhee, McKibben, McMichael, Newton,

Preston. Rawls, Reilley, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Schofield, Simmons. Stewart of Mitchel Stewart of Marion Stovall, Tate, Taylor, Them liS, Vickers, W11tts, Watson, Way, Weil, Wha.ley, West, Whelchel, Williams of Harris, Willinms of JBckson, Williams of Up9dtl'. Wilcox, Worsham.

Those voting in the negative were Messrs.....,..

Atkinson, Brown of Cherokee, Chappell, Dodgen, Franklin of Fannin, Gamble, Gibson,

Harper, Henry, Hill of Meriwether, Madden, Mixon, McGarrity,

Peeples, Pickett, Shewmake, Terrell, Wheeler, Wilson,

Those not voting were Messrs.-

Arnheim, Ashley, Belt. Birchmore, Brady, Branch, Bray,

Harvey, Hawkins, Holland, Howell, Huff, Humphries of Brooks, Johnson of DeKalb,

Ray, Reid, Reynolds, Sims, Smith of Cn.wfotli, Smith of Glynn, Smith of Gwinnet._

THUBSDAY, OCTOBER 6, 1887.

1016

(look,
Crawford, DuBose, Fagan, J'nnklin of Th.omaa, Gardner, Glenn, Grindle, Harrell of Webster, Harrison of Quitman.

Jones, Kennedy, Kimbrough, Little of Talbot, Mathews, McLendon, McCleskey, Nichols, Perkins, Pittman,

Smith of Jefferson, Stevens, Stewart of Rockdale, Strickland, Vaughn, Veazey, Vining, Walker of .lJ'loyd, Walker of Putnam, Mr. Speaker.

Yeas 104. Nays 19. Not voting 51.

Having received the requisite constitutional majority, the bil1 passed, as amended, to-wit :

A bill to prescribe and make certain the fees of Clerks of the Superior and City Courts therein stat~d, and also to provide for the payment of the fees of said Clerks in certain other cases as therein stated.

The following bill was read the third time ; the report of the committee was agreed to.
Upon motion, the action of the House in agreeing to the report of the committee was reconsidered.

The report of the committee was again agreed to, and the bill passed by the requisite constitutiona1 majority, yeas 102, nays 0, to-wit :

A bill to prevent the running of excursion trains, boats and vessels on the Sabbath day.

By unanimous consent, the following resolution was introduced, read the third time and referred to the ,Committee on Finance, to-wit:
By Mr. Watts-
A resolution providing for the appointment of commissioners for the purpose of having a survey of the Western and Atlantic Railroad, and providing for the sale of the surplus property of the same.

House bill No. 660 was taken up for a third reading, and, upon motion, the bill was tabled.

House bill No. 6()2 was taken up for a third reading ; as

1016

JoURNAL oF THE HousE.

the same provided for an appropriation, the House went into a Committee of the Whole House, Mr. Featherston in the chair.
Mr. Featherston, chairman of the Committee of th8
Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Wltole House have had under consideration House bill No. 662, which they instruct me to report back, with the recommendation that the same do pass.
The following bill was then read the third time : the report of the committee was agreed to ; upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bailey, Belt, Berner, Blalock, Brown of Henry, Brown of Cherokee, Buchan, Chappell, (J]ay of Cobb, Coggins, Comer, Coney, Darden, Denny, Dodgen, :puggan, Durrance, Evans. Felton or Bartow,

Hand,

Parker,

Harrell of Decatur, Peeples,

Harrell of Webster, Perry,

Harrison of Franklin, Pickett,

Harper,

Pittman,

Harris of Catoosa,

Ray,

Harris of Columbia, Rawls,

Hayes,

Rich,

Henderson.

Rountree

Hill of Meriwether, Russell of Chatham,

Holleman.

Russell of Clarke,

Hughes,

Russell of Polk,

Humphries of Brooks, Schofield,

Humphries of Clinch, Shewmake,

Hutchison,

Simmons,

Iler,

Sims,

Johnson of DeKalb, Smith of Glynll,

Johnson of Echols, Stewart of Mitchell,

,Johnson of Screven, Stewart of Marion,

Key,

Stovall,

Lamar, Lanier,

Tate, Taylor, '

Lumsden,

Ter.rell,

THURSDAY, OCTOBER 6, 1887.

1017

Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, .route, J'ranklin of Fannin, Gamble, Gibson, Gordon, Glenn, Green of Clay, Green of Madison, Griffith, Hagan, Hale, Ham,

Madden, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McOord, McLane, McGarrity, McKibben, McMichalll, Newton, Norris, Olive, Page,

Thornas, Vickers, Watts, Watson, Way, Wei!, Whaley, West. Wheeler, Whelchel, Williams of Harris. Williams of Jackson, Williams of Upson, Wilcox. Wilson, Worsham.

Those not voting are Messrs.-

Ashley, Birchmore, Black, Brady, Branch, Bray, Brewster, Calvin, Cameron, Candler, Clay of Walton, Cook. Crawford, DuBose, Fagan, .Franklin of Thomas, Gardner, Gresham, Grindle,

Harrison of Quitman, Harvey, Hawkins, Henry, Hill of Wilkes, Holland, Howard, Howell, Huff, Hunt, Jones, Kenan, Kennedy, Kimbrough, Little of Talbot, Matthews, McGhee, McLendon, McCleskey,

Nichols, Perkins, Preston, Reid, Reilley, Reynolds, Smith of Ora wford. Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stricklar;d Vaughn, Veazey, Vining, Walker of Floyd, Walker of Putnam, Mr. Speaker.

Yeas 118. Nays 0. Not voting 56.

Having received the requisite constitutional majority, the bill passed, to-wit:

A bill to provide for the payment of bond No. 349 of the State of Georgia issued under the act of the Legislature, approved January 12, 1862, and of the coupon due thereon.

1018

JouRNAL OP THE HousE.

By unanimous consent, House bill No. 849 was r~ mitted to Committee on Finance.
Upon motion ot Mr. Russell, of Clarke, and by uoani mous consent, House bill No. 612 was taken from the tahle and reinstated upon the calendar.
The following bill was then read the third time; the
report of the committee was agreed to ; upon the passage of the bill, it was necessary that the vote should be taken by
yeas and nays, as the same provided for an appropriatioa.
Upon the call of the roll of the House, the following ia
the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Bailey, Belt, Brown of Henry, Brown of Cherokee, Buchan, Calvin, Chappell, Clay of Walton, Coggins, Comer, Coney, Darden, Denney, Duggan, Evans, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn, Green of Clay, Greene of Madisan, GriftUh,

Hand, Harrell of Decatur, Harrison of Franklin, Harris of Catoosa, Harris ot Columbia, Henderson, Hill of Meriwether, Hill of Wilkes, Holleman, Hughes, Ruff. Hun.phries of Clinch, Hutchison, JohnRon of DeKalb, Johnson of Echols, J ohnsor. of Screven, Key, Lamar, Lanier, Madden, Mauney, Mills, Mixon. Monroe, Morgan, McCord, McLane, McGarrity, :McKibben, McMichael,

Page, Parker, Peeples, Pittman, Ray, Rawls, Rich, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Shewmake, Simmons, Sims, Smith of Glynn, Stewart of Mitchell, Stewart of Marion, t;tovall, Tate, Taylor, Terrell, Vickers, Watts, Watson, Way, Wei!, West, Williams of' Harris, Williams of Jackaon, William& fJf UpiJOR.

TBUMDAY, OcToBER 6, 1887.

1019

~~
~ale.
Bam,

Newton, Norris, Olivo,

Wilson, Worsham.

Those ~oting in the negative were Messrs.-

Arnbeim,
bumnee,
tnmklin of Fannin,
Blll1'911 of W ebstet,

Howard, McGhee, Pickett, Thomas,

Wheeler, Whelchel, Wilcox.

Those not voting were Messrs.~

Ashley, Afkilison, Berner, Birchmore. Black, :l!lalock, Bmdy, Branch, Bray, llrewstlil', Cameron, Candler, Clay of Cobb,
Cook,
Ctawfdtd, Dodgen, DuBme, Fagan, Felton of Bartow,
lou~,
Gardner, Gresham,

Grindle,

Nichols.

Harrison of Quitman, Perkins,

Harper.

Perry,

Harvey,

Preston,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Reynolds,

Holland,

Schofield,

Howell,

Smith of Crawford,

Humphries of Brooks, Smith of Gwinnett,

Hunt,

Smith of Jefferson,

Ilet,

Stevens,

Jones,

Stewart of Rockdale,

Kenan,

Strickland,

Ke-nnedy,

Vaughn,

Kimbrough,

Veazey,

Little of Talbot,

Vming,

Lumsden,

Walker of Floyd,

Mathews,

Walker of Putnam,

Moye,

Whaley,

McLendon,

Mr. Speaker.

McCleskey,

Yeas 98. Nays 11. Not voting 65.

Having received the requisite constitutional majority. the bill passed, as amended, to-wit:

A bill for tlie relief of the estate of A. P. Dearing, late of Clarke county, Georgia, deceased, and to provide for the payment by the State of the following bond endorsed by the State of Georgia, to-wit : A first mortgage bond of the Macon and nrunswick Railroad for one thousand dollars, bearing seven per cent. interest, etc.

The following bill was read the third time; the report of

1020

JouRNAL oF THE HousE.

the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:-
A bill to fix the pay of jurors eerving. in cases of lunacy, , etc.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to authorize the Town Council of Elberton to issue bonds for the purpose of erecting and equipping public school buildings in said town, etc.
The following bill was read the third time ; the report of the committee was agreed to; the proper legai proofs were exhibited, and the bill passed by the requisite conlltitutional majority, yeas 88, nays O, to-wit:
A bill to amend the charter of the First Presbyterian Church of Augusta.
Th(e following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 88, nays O, to-_wit:
A bill to exempt the Richmond Hussar Military Com pany of Augusta, Georgia, from jury duty.
The following bill was read the third time; the report of the committee was agreed to; as amended, and the bill passed, as amen(led, by the requisite constitutional majority; yeas 98, nays 0, to-wit :
A bill to amend an act entitled an act to consolidate, amend and codify the various acts incorporating the city of Rome, approved September 26, 1883, so as to provide for the election of two Councilmen from each ward respectively of the city of Rome, etc.
The following bill was read the third time; the report of the committee was agreed to, the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 94, nays 0, to-wit:

THURSDAY, OcTOBER 6, 1887.

1021

A bill to amend the charter of the Atlanta Home Insurance Company, incorporated by an act of the Legislature of this State, approved September 30, 1881, by vesting in said company the power to become a purely mutual insurance company upon certain terms and conditions.
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 0, to-wit:
A bill to amend section 313 of the Code of1~82, so that the provisions of said section shall not apply to the county of Gilmer.
The following bill was read the third time, the report of the committee was agreed to, as amended, and the proper legal proofs were exhibited, and the bill passed as amended by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to amend the charter of the town of Ellijay.
Mr. Olive, chairman of the Committee on Corporations, submitted the following report :

Mr. Speaker:
The Committee on Corporations have had under consideration House bill No. 938, entitled an act to amend an act entitled an act to constitute the Judge of the City Court in the county of Richmond ex-officio Commissioner of Roads and Revenues, and for other purposes, and haYe authorized me as its chairman to report the same with the recommendation that the same do pass, as amended, by the committee.
Respectfully submitted. J. T. OLIVE, Chairman pro tem.

Mr. Calvin, chairman of the Committee on E1lncation, submitted the following report :
Mr. Speaker :
The Committee on Education have had under consiJera-

1022

JOURNAL OF THE Hot.TSE.

tion the following bill of the House, which I am instruoted to return to the House with the recommend~~otioAl that it. do pass, as amended, to-wit :
A bill to authorize any municipal corporation in tllis State to establish a system of public schools within the corporate limits of the same, and to levy taxes for the support ofthe same.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.

Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:
Mr. Sp"aker :
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to h.is Excellency the Governor, the following acts, to-wit :
An act to establish the City Court of Newnan; to define its jurisdiction and powers, etc.
Also, an act to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them.
Also, an act to provide for the registration of all votel'S in the county of Ware, etc.
Also, an act to amend section 4601 (a) of the Code of 1882, which confers jurisdiction on the Superior Court of the county of the residence of the offender under section 4600 of the Code of 1882, to try the offender.
Also, an aet to incorporate the Georgia Fire Insurance Company of LaGrange.
Also, an act requiring the Commissioner of Roads and Revenues of the county of Campbell, State of Georgia, to build court houses in each militia district.
Also, an act to repeal an act entitled an act to establish a Board of Commissioners for Paulding county, etc., approvei September 8, 1883.

THURSDAY, OCTOBER 6, 1887.

1023

.A.liO, an aet to amend the charter of the town of War-

renton. Also, and act to amend section 9 of the General Tax Act

for 1887 and 1888. Also, an act amending an act entitled an act requiring

ijte roads of Rabun, Towns, Uuion, Fannin, Gilmer and

Pickens, to be made fourteen feet side digging. Also, an act to authorize the Trustees for the Congrega-

tion Bernai Israel of Columbus, Georgia, to sell, and by

proper deeds, to convey to the purchasers, title to certain lands held by them for church purposes in Columbus, Geor-

gia. Also, a resolution for the payment ?f mileage for the

adjourned session of 1887.

Respectfully submitted.



IvY W. DuGGAN, 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 92, nays 0, to-wit:
A bill to amend section 2040 of the Code of Georgia of 1882.
The following bill was read the third time; the report of the committee was agreed to ; the proprr legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to incorporote the Hartwell Loan and Savings &nk, etc.
The following bill was read the third time ; the report of the committee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 2, to-wit:
A bill to provide for the registration of the legal voters of Laurens county, etc.,
Leave of absence was granted to the following members, to-wit : Messrs. Harrison of Quitman, Johnson of Scriven, Mauney and Hunt.

1024

JouRNAL oF THE HousE.

Pending the consideration of House bill No. 684, the House. adjourned until 7:30 p. m.

7:30 O'CLOCK, P.M.
The House met pursuant to adjournment, and was called to order by the Speaker.
The roll wa'l called and a quorum was found to be present.
The following bill was read the third time, and, upon motion, was recommitted to the Committee on Counties and County Matters, to-wit:
A bill to provide for the payment of fees to such jurors who may be summoned to appear, and who, after having obeyed such summons, are excused by the Court on its own. motion without being sworn.
The following bill was read the third time; the report of the committee was agreed to, as amended ; proper legal. proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to amend au act incorporating the town of Valdosta in the county of Lowndes, approved December 7th, 1860, and the several acts amendatory thereof, etc.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs. were exhibited, and the bill passed hy the requisite cons~i tutional majority, yeas 91, nays 0, to-wit:
A bill to incorporate the Monter.uma Steamboat Company, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to create a Board of Commissioners of Roads and Revenues in the county of McDuffie.

TnunsoA v, Oc roBER 6, 1887.

1025

The follnwing bill was read the third time; the report of. the committee was agreed to; the proper legal proofs ~re exhibited, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill for the protection of game and birds of song in the county nf Montgomery, State of Georgia.
The following bill v. as read the third time; the report of the committee was agreed to, as amended, and the bill passed, as amended, hy the requisite cnnstitutional majority, yeas 91, nays 0, to-wit :
A bill to continue in force an act to incorporate the Georgia Insurance Company; approved December 20, 1860, etc.
The following bill was read the third time, the report of the committee was agreed to, and, upon motion, the bill was tabled, to-wit:

A bill to altel' and amend sectiun 1969 of the Code of Georgia.

'the following bill waR read the third time; the report of the committee was agreed to; the proper legal proofs wem ..exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to amend an act entitled an act to establish in thb county of Richmond, in this State, a Reformatory Institute, etc., approved October 5, 1885.

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were "exhibited, and the bill passed, by the requisite constitutional majority, yeas 88, nays, 1, to-wit:

A bill to prohibit hunting or fishing on the lands of an-
other in Wayne county, withnut the Ctmsent of the owner of the land.

The following bill was read the third time; the repo1t

of the committee was agreed to, as amended; the proper

legal proofs were exhibited, and the bill passed, as amended

by the requisite constitutional majoritv yeas 98 nav-;. o'

\o-wit :

'

' '

65

1026

JouRNAL oF THE HousE.

A bill to amend an act entitled an act to provide a Board {If Assessors of real and personal property subject to taxation for the county of Richmond, etc., approved October 15, 1885, etc.
The following bill was read the third time; the report of the committee was agreed to, and, upon motion, the bill w~s tabled, to-wit:
A bill to repeal section 671 of the Code.
Upon motion, the House adjourned until 8 o'clock tomorrow morning.

ATLANTA, GEORGIA,
F~iday, October 7, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by Rev. Mr. Haye~.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adam of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Bhtck, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster,
Buchan, Calvin,

Grindle,

N orri8,

Hagan,

Olive,

Hale,

Page,

Ham,

Parker,

Hand,

Peeples,

Harrell of Decatur, Perry,

Harrell of Webster, Pickett,

Harrison of Franklin, Pittman,

Harper,

Preston,

Harris of Catoosa,

Ray,

Harris of Columbia, Rawls,

Hawkins,

Reid,

Hayes,

Reilley,

Henry,

Rich,

Henderson,

Russell of Chatham,

Hill of Meriwether, Russell of Clarke,

Hill of Wilkes,

Russell of Polk,

Holland,

Schofield,

FRIDAY, OcToBER 7, 1887.

1027

Cameron, Candler, chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Uoney, Cook, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Feltnn of Bibb, Felton of Macon, Featherston, Fortner, Fordham,
~'oute,
~'ranklin of Fannin, B'r,tnklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of 1\Iadison, Gresham, Griffith,

Holleman, Howard, Howell, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Johnson of Echols, Johnson of Screven, Jones, Kenan, Kennedy, Key, Lamar. Lanier, Little of Talb.>t. Lumsden, Madden, Mauney, Mills, Mixon, Monroe, Morgan, Moye, McCorJ, McLane, McGhee, McGarrity, :\1cLendon, .\>IcKihben, McMichael, Newton,

Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stewart of l\1itchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Thomas, Veazey, Vicker,;, \Valker of Putnam, Watts, Watson, Way,; Weil, Whaley, West, \Vheeler, Whelchel, vVilliams nf Harris, Williams ot .Tackson, \Villiams ot Upson, Wilcox,' Wilson, Worsham, }fr, Speaker.

Those absent were Messrs.-

Birchmore, Crawt',>rd, DuBose, Harrison of Quitman, Harvey, Iler, ,fohnson of DeKalb,

Kimbrough, Mathews, McCleskey, Nichols, Perkins.! Reynolds,

Rountree, Smith of G winnett, Stevens.' Vaughn, Vining, Walker ot ~,luycl.

Mr. Williams, of Upson, of the Committee on .Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The J onrnal was then read and approved.
'

1021i

JouRNAL oF THJ; HousE.

Leave of absence was granted to the following members, to-wit: Mesflrf;. Iler, Jolinson of DeKalb, Watson, Wil-
liams of Upson, Howard, Harris of Columbia, Stewart of Marion, Russell of ~lark, Walker ot Floyd, Fortner, Newton, Hill of Wilkes, Mills and Perry.

Mr. Harrell, of Webster, gave notice that at the proper time be would move to reconsider so much of the action of the House had on yesterday as relate;, to House bill No. 527.

Mr. Harrell moved to reconsider the action of the Honse had on yesterday relatiug to House bill No. 527.

Mr. Russell, of Polk, moved to lay the motion to reconsider on the table.

Upon the motion to table, the yeas and nays were called for, which call was sustained.
Upon the call of the :r~ll the following is the result of the vote:
Those voting in the affir!uative wen' Met-isrs.-

Adams of Greene, Black. Branch, Bray, Brown of Cherokee, Brewster,
~filvin.
Cameron, Darden, Denney, Dodgen, Durrance. Felton of Bartow. Fortner, Hagan, Hale, Ham, Hand, Harrison of Franklin, Harper, Harris of Catoosa, Hayes,

Henry, Holland, Howell. Hughes, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, .Johnson of Echols, .Jones. Kenan, Kennedy. Lamar, Little of Talbot, Madden, }1 ill,, Morgan, }lcCord, }[cLowe, McGhee, McGarr1ty,

}fcKibben, Newton, Norris, Page, Perry, Reilley, Rich, Russell of Clarke. Russell of Polk, Sims, .Stewart of Mitchell, Stovall, Strickl~nd, Tate, Thomas, Veazey, Vickers, Willi~tms of Harris, Williams of J olCkson, Williams of Upson, Wilcox.

FRil>AY, OCTOBER 7, 1887.

1029

Tnose voting in the negative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Belt, Berner, Brady, Brown of Henry. Buchan, Candler, Clay ef Walton. Coney, Cook, Evans, Fagan, Felton of Bibb, Fordham, Franklin of Fa~nin,

Gardner, Gibson, Green of Clay, Gresham, Griffith, Harrell of Decatur. Harrell of Webster, Hawkins, Henderson, Hill of Meriwether, Huff, Lanier, Mixon. McMichael, Olive, Pickett, Pittman.

Preston, Rawls, Reid, Schofield, Shewmake, Simmons, Smith .of Jefferson ::-ltewart of Marion, Stewart of Rockdale, Taylor, Terrell, Watts. Way, Weil, Wheeler. Whelchel. Wilson.

Those not voting were Messrs.-

Bailey, Birch more, Blalock. Chappell, Clay of Cobb, Coggins, Comer, Crawford, DuBose, Duggan, Felton of Macon, Featherston, Foute, Franklin of Thotpas, Gamble, Gordon, Glenn, Greene of Madison, Grindle, Harrison of Quitman,

Harris of Columbia, Harvey, Hill of Wilkes, Holleman. Howard. Iler. Johnson of DeKalb, Johnson of Screven, Key, Kimbrough, Lumsden, Mathews, Manney, Monroe, Moye, McLendon, McCleskey, Nichols, Parker,

Peeples, Perkins, Ray, Reynolds, Rountree, Russell of Chatham, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Vaughn, Vining, Walker of Floyd, Walker (If Putnam, Watson, Whaley, West, Worsham. Mt. Speaker.

Yeas, 64. Nay~<, 52. Not voting, 58.

So the motion to reconsider was tabled.

By unanimous consent, the following bill was introduced,

1030

JouRNAL OF THE HousE.

read the first time and referred to the Committee on Special

Judiciary, to-wit :

.



By Mr. Stevens-
A bill to amend the charter of the city of Dawson, in Terrell county.

Mr. Henry _offered the following resolution, which was read anrl adopted, as amended, to-wit:
A resolution limiting debate on ~pecial orders to tPn minutes, except to introducers of bills and chairmen of com" mittees, under rule 64.

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

.tl'/'. Speaket:
The Senate ha~ passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Marietta Insurance Company; . passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to authorize the commitment of juvenile offenders and others to the House of Refuge in Fulton county; passed by the requiHite constitutional majority; yeas 23, nays 0.
Also, a bill to authorize the Trustees of Elbert Male Academy to sell property, etc.; passed by the requisite con~ stitutional majority; yeas 25, nays 0.
Also, a bill to provide for the appointmep.t of a special Board of Visitors to the University ot Georgia; passed by the requisite constitutional majority; yeas 24, nays 0. .
Also, a bill to ratify and confirm and amend the charter of the t~wn of Choakee, Lee county, Georgia; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend an act to incorporate the Commercial Bank of Albany, approved December 11th, 1871, amend_ing sections two and three of said act; passed, by the requisite constitutional majority ; yeas 25, nays 0.

]'RlDAY, OCTOBER 7, 1887.

1031

Also, a bill to provide for the registration of voters in the county of Irwin ; passed by the requisite constitutional

majority; yeas 27, nays 0.

.

Also, a bill to incorporate the Marietta Bank, and

for other purposes; passed by the requisite constitutional

majority ; yeas 24, nays 0. Also, a bill to amend the act approved March 3, 1874,
incorporating the town of Thomasville ; passed, by the re-

quisite constitutional majority ; yeas 25, nays 0. Also, a bill to repeal section 4698 of the CJde of 1882 ;
passed by the requisite collstitutional majority ; yeas 2f),

nays 0. Also, a bill to amend the charter of the city of Griffin

and the amendatory acts; passed, by the requisite constitu-

tional majority ; yeas 26, nays 0. Also, a bill to amend an act entitled an act for the pro-
tection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, applying the provision to Fulton and other counties, etc.; passed by the requisite constitu-

tional majority ; yeas 25, nays 0.

The Senate has also. passed the following resolutions of

the House by the requisite constitutional majority, to-wit:
A resolution. for the relief of R. M. Tyson, fotmer Tax
Collertor of Glynn county; passed by the requisite constitutional majority; yeas 25, nay~' 0.
Also, a resolution for the relief of James H. Tootle, of

the county of Montgomery; passed by the requisite constitutional majority; yeas 27, nays 0.

, Also, a resolution for the relief of John B. Paulk, of the county of Irwin; pas:;ed by the requisite constitutional majority; yeas 28, nays 0.
Also, a resolution to relieve C. C. Thorpe and .T. W.

Knight, of Johnson county, from tmther term of a criminal

houd; passed by the requisite constitutional majority; yeas 24, nays 0.

The Senate has also passed the tolluwi ng bills of the

House by the requisite constitutional majority, with certain amendment~, to-wit:

1032

JouRNAL oF THE HousE.

A bill to make it unlawful to pre,en't or to attempt to prevent any person or persons from engaging in, remainuig in or performing the business, labor or duties of any lawful employment or occupation, and to provide a punishment therefor; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to alter and amend the registration act for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, washington, walton, Morgan,Lowndes, Emanuel and Pulaski, ~so far as the same applies to the county of Oglethorpe, etc. ; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also, a bill to incorporate the Ore Belt Railroad Company; passed by the requisite constitutional majority; yeas 28, nays 0.
Also, a _bill to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee River at Fort Gaines, Georgia; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to prevent cattle, etc., from running at large in the 743d district Georgia militia, Taylor county; passed by the requisite constitutional majority; yeas 30, nay~> 0.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to define the duties of Masters in Chancery and Auditors, and for other purposes.
The Senate has also passed the following bills of the Senate, by the requisite constitutional majority, to-wit:
A bill to remove the ci vii disabilities of William Ammons and Causimore Herndon Ammons, minors; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend section 1486 of the Revised CodP of Georgia of 1882; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to incorporate the Columbus and Beuna Vista Railroad; passed by the requisite constitutional majority ; yeas 26, nays 0.

FRIDAY, OCTOBER 7, 1887.

1033

Also, a bill to incorporate the Savannah and Western Railroad Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretarv thereof:

Mr. Speaker .

The Senate has adopted, and asks the concurrence ot the House, in the following resolution, to-wit:

A resolution requesting the House to retum to the Senate House bill No. 291.

The hour for the special order having arrived, upon motion of Mr. Howell, the special order, which was the consideration of House bill No. 964, was taken up.

The following bill was then read the third time. Mr. Lamar called the previous question, which call was sustained, and the main question ordered; the report of the committee was agreed to, as amended; upon the passage of the bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following is the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert,

Amheim,

Brown of Cherokee,

Chappell,

Denney,

DuBose,

Felton of Bibb,

Gamble,

Gardner,

Gordon,

Glenn,

Greene of Madison

Bagan,

'

Ham. Hand, Harris of Columhin, Howard, Howell, Hufl; Humphries of B:-ooks, Lamar, Madden, Monroe, McCord, McLendon, Perry,

Pittma11, Rawls, Reid, Reillev, Russell of Chatham, Russell ot Clarke, Schofield, Sims, Tate, Terrell, Way, W eil, Williams of Upson.

Those voting in the negative were Messrs.-

Adams ef Greene

Ashley,

'

Gibson, Gresham,

""" ewLon. Norris,,

1034

JouRNAL OF.THE HousE.

Atkinson, Bailey, Belt, Berner, Blalock, Brady, Branch, Bray, Brown of He_nry, Brewster, Buchan, Calvin, Cameron, Uandler, Clay of Cobb, Clay of Walton, Comer, Uook, Darden, Dodgen, Durrance, Evans, Fagan, Felton of Bartow, Felton of Macon, Featherston, Fordham, Foute, Franklin of Fannin, Franklin of Thomas,

Griffith, Hale, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hawkins. Hayes, Henry, Henderson, Hill of Meriwether, Holland, Hughes, Hunt, Hutchison, Johnson of Echols, Kennedy, Key, Lanier, Little of Talbot, Mixon, Morgan,
~Ioye,
McLane, McGhee, McGarrity, McKibben, McMichael,

Olive, Page. Parker, Peeples, Pickett, Preston, Rich, Shewmake, Smith of Jefferson, Stewart of Mitchell, Stewart of Marion, Stewart of Rockdale, Stovall, Strickland, Taylor, Thomas, Veazey, Vickers, Walker ot Putnam, Watson, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of .Jackson, Wilcox, Wilson, Worsham.

Those not voting were Messrs.-

Birchmore. Black, Coggins, Coney, 1 :rawford, Duggan, Fortner. Green of Clay, Grindle, Harrison of Quitman, Harvey, Hill of Wilkes, Holleman, Humphries of Clinch,

Iler, Johnson of DeKalb, ,Johnson of Screven, Jones, Kenan, Kimbrough, Lumsden, Mathews Mauney, Mills, McCleskey, Nichols, Perkins. Ray,

Reynolds, Rountree, Russell of Polk, Simmons, Smith of Crawford, Smith of Glynn, Smith of Gwinnetl, Stevens, Vaughn, Vining. Walker' of Floyd. Watts, Mr. Speak~or.

Yeas 39. Nays 94. Not voting 41.

FRIDAY, OcrroBER 7, 1887.

1035

Not receiving the requisite constitutional majority the the bill was lost, to-wit :
A bill amending the charter of Atlanta and providing the conditions under which spirituous liquors may be sold in Fulton county.
House bill No. 1005 was taken up for a third reading; as the same provided for an appropriation, the House went into a Committee of the Whole House, Mr. Henry in the chair.
Mr. Henry, chairman of the Committee of thP Whole House, submitted the following report:

Mr. Speaker:
The CIJmmittee of the Whole House have had under consideration House bill No. 1005, which they instruc"t me to report back with the recommendation that the same be recommitted to the Committee on Agriculture.
Upon motion of Mr. Felton, of Bibb, the House resolved itself into a Committee of the Whole House for the further consideration oi House bill No. 1005, Mr. Henry in the chair.
Mr. Henry, chairman of the Committee 0f the Whole House, submitted the following repott:
Ah. Speaker :
The Committee of the Whole House have had under consideration House bill No. 1005, which they instruct me to report back, with the recommenflation that the same do pass, as amended.
The hour for adjournment having arrived, the House . adjourned until 2:30 p. m. '

2:30 O'CLOCK, P . .M.
The House met pursuant to adjournment and was called to order by the Speaker.

1036

JouRNAL oF THE HousE.

The roll was called and a quorum was found to be present.

The following bill was read the third time; upon the amendments offered, and the pal'~age of the bill, the previous question was called, which call was sustained, and the main question ordered; the report of the committee 'Was agreed to, as amended ; upon the passage of the bill it waa necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll the following was the result of the vote, to-wit':

Those voting in the affirmative were Messrs.-

Atkinson, Belt. Berner, Br11nch, Brown of Cherokee,
Brew~ter,
Buchan. Calvin, Candler, Clay of Walton, c,,ok, Darden. Dod2:en, Duggun, Durrance. Evans, Fagan, Felton of Bibb. Felton of Macon, Featherston, Franklin of Thomas, Gardner. Gibson,

Gresham,

Mixon,

Griffith,

Moye,

Hagan,

McCord,

Hale,

McLane,

Harrison of Franklin, McGarrity,

Harper,

McKibben,

Harris of Catoosa, Norrie,

Hayes,

Parker,

Henry,

Pickett,

Henderson,

Preston,

Holland,

Rawls,

Hughes,

Schofield.

Hull',

Shewmake,

Humphries of Brooks, Stovall,

Humphries of Cline~ Terrell,

John~on of Echols,

Veazey,

Kenan,

Vickers,

Kennedy.

Whelchel,

Key, Lanier,

W.illiams of Harris, Williams of J ackeon,

Little of Talbot.

Wilson,

,\] adden,

Worsham.

Those voting in the negative were Messrs.-

Adams ot Hreene, Ashley, Brady, Cameron, Ch>tppeli,

Ham, Hand, Harrell of Decatur, Harrell of "''ebster, Howell,

l{ussell of Chatham, Russell of Clarke, Sirnmons, Smith of Jefferson, Stewart of Mitc"e\1,

FRIDAY, OcToBER 7, 1887.

1037'

Clay of Cobb, . Coggins, Comer, Denney, l'I!Uon of Bartow, Fordham, Foute, Franklin of Fannin,
Gordon, Glenn,

Hutchison, Lamar, Mathews, Morgan, Olive, Page, Perry, Pittman. Reid.

Ste\~art of Rockdale, Tate, Thomas, Vaughn, Walker of Putnam Watts, vVhaley, West, vVilcox.

Those not voting were Messrs.-

Adams of Elbert,

Holleman,

Arnheim,

Howard,

Hailey,

Hunt.

Birchmore,

Iler,

Black, Blalock, Bray,

.Tohnson of DeKalb, ,Johnson of Screven,
Jones,

Brown of Henry,

Kimbrough,

Coney.

Lumsden,

Crawford,

Mauney,

DuBose,

Mills,

Fortner,

Monroe,

Gamble,

McGhee,

Greene of Clay,

l\'IcLendon,

Greene of Madisou, McCleskey,

Grindle,

McMichael,

Harrison of Quitman, Newton,

Harris of Columbia, Nichols,

Harvey,

Peeples,

Hawkino,

Perkins,

Hill of Meriwether, Ray,

Hill of Wilkes,

Reilley. Reynolds, Rich, Rountree, Russell of Polk, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Marion, Strickland, Taylor, Vining, Walker of Floyd, Watson. Way, Wei!, Wheeler, Williams of Upson, :\'Ir. Speaker.

Yeas, 67. Nays, 4~t Not voting, 6l.

Not receiving the requisite constitutional majority, the bill was lost, to-wit:

A hill to l'egulate the sale of commercial fertilizers and
manures in this State; to prescribe penalties and forfeitures, etr.

Upon motion, House bill No. 394 was taken from the table nod reinstated upon the calendar.
House bill No. 659, a special order of the day was taken np for a third rc>ading.

1038

JouRNAL OF THE HousE.

The following bill was then read the third time; the substitute was adopted in lieu of the original bill; the report of the committee was agreed to, which was favorable to the passage of the bill, by substitute; upon the passage of the bill, the previous question was called, which call was sustained, and the main question ordered.
Mr. Pickett called for the yeas and nays, which call was sustained.

Upon the call of the roll the following was the result of the vote:

Those who voted in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Belt, Bernl)r,
Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster. Buchan, Calvin. Candler, Clay ~~ Cobb, Clay of Walton, Coggins, Coney, Uook, Darden, Denney, Dodgen, Durrance, Evans, .l<'agan, Felton of Bibb, Felton of Macon, Featherston, Fordham,

Glenn,

McGarrity,

Greene of Madison, McKibben,

Gresham,

McMichael,

Griffith,

Norris,

Hagan,

Page,

Hale,

Pickett,

Ham,

Pittman,

Hand,

Preston,

Harrell of Webster, Rawls,

Harrell of Decatur, Reilley,

Harri"on of Franklin. Rich,

Harper,

Russell of Chatham,

Hayes,

Schofield,

Henry,

Simmons,

Henderson,

Stewart of Mitchell,

Holland,

Stewart of Rockdale,

Holleman,

Stovall,

Hughes,

Strickland,

Huff,

Taylor,

Humphries of Brooks, Terrell,

Humphries of Clinch, Thomas,

Hutchison,

Vickers,

Johnson of Echols,

Walker of Putnam,

Kenan,

\Vutts,

Kennedy,

Wei!,

Key,

Whaley,

Little of Talbot,

West,

Madden,

Wheeler,

Mathews, Mixon. Moye,

Whelchel, Willit1ms nf Harris, Williams of Jackson,

McCord,

Wilcox,

FRIDAY, OCTOBER 7, 1887.

1039

Franklin of Fannin, Gamble,

McLane, McGhee.

Wilson, Worsham.

Gardner,

Those voting in the negative were Messrs.-

Obappell, Oomer, Felton of Bartow, Foute, Franklin of Thomas,

Harris of Catoosa. Lamar, Lanier, Morgan, McLendon,

Olive, Perry, Shewmake, Suns, Veazey.

Green of Clay,

Those not voting were MeRsrs.-

Bailey, Birch more, Bray, Cameron, Crawford, DuBose, Duggan, Fortner, Gibson, Gordon, Grindle, Harrison of Quitman, H;arris of Columbia, Hr.tvey, Hawkins, Hill of ~Ieri wether, Hill of Wilkes,
Howard, jlowell,

Hunt, ller, Johnson of DeKnlb. Johnson of Screven. Jones, Kimbrough, Lumsden, Mauney, Mills, Munroe, McCleskey. Newton, Nichols, Parker Peeples, Perkins, Ray,
Reid,

Reynolds, Rountree, Russell of Clarke, Russell of Polk, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of ,Jefferson, Stevens, Stewart of Marion, Tate, Vaughn, Vining, Walker of Floyd,
Wats~n,
Way, Williams of Upson, 2VI r. Speaker.

Yeas 103. Nays 16. Not voting 55.

Having received the requisite constitutional majority, the ~ill passed by substitute, to-wit:
A bill to amend section 1465 (b) of the Revised Code, so as to require the Commissioner of Agriculture to be elected by the people .
.Upon motion, the bill was ordered to be immediately transmitted to the Senate.

The following resolution was introduced, read the first

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

By Mr. Arnheim-

.

A resolution appropriating four hundred dollars, or so

1040

.JouRNAL oF THE HousE;

much thereof.as may be necessary, to df'corate the Capitol and Executive Mansion, in honor of the President of the United States, etc.
Mr. Chappell, chairman of the Committee on Railro~s,
submitted the following report:

.'lfr. Speaker:
The Committee on Railroads have had under consideration the following bills of the House, which I am directed to report back, with the tecommendation that they do pass, as amended, to- wit :
Bill No. 552, to incorporate the Central City Street Railroad Company.
Also, bill No. 758, to incorporate the Macon City and Suburban Railway, Light and Power Company.
Also, bill No. 895, to incorporate the Metropolitan Street Railway Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

Mr. Tate, chairman of the Committee on Special .Judiciary, submitted the following report:
J/r. SpeakeJ":
The Committee on Special Judiciary have had under con-' sideration the following bills, which I am instructed to return to the House, with the recommeudation that they do pass, to-wit :
A bill to he entitled an act to amend the charter of the city of Dawson, in the county of Terrell.
Also, a bill to amend section 98(} ot the Code of 18M2, and for other purpose,;.
Also, a bill to make it illPgal to fish with ~;eins in the Alapaha River and its tributaries, in the county of Wiloox, and fot other pUI'poses.
The committee have also had under consirleration the following bills, which I am instructed to return to the House,

FRIDAY, OcTOBER 7, 1887.

1041

with the recommendation that they be read the second time and be recommitted to this committee, to-wit:
A bill to authorize the Mayor and Council of the city of Athens to lay out and widen the streets of said city, and for other purposes.
Also, a bill to authori:r.e the Mayor and Council of the city of Athens to make certain asses;.;ments on the cost of water for fire purposes, and for other pmposes.
Also, a bill to authorize the Mayor and Council of the city of Athens to levy a special tax on trades and professions, and for other purposes.
Also, a bill to authorize the Mayo1 and Council of the city of Athens to grade and improve the streets of said city, and for oth('r purposes.
Also, a bill to authorize the Mayor and Council of the city of Athens to lay and construct drains and sewers in said city, and for other purposes.
Respectfully submitted.
F. C. TATE, Chairman.

House bill No. 10o:1, a special order of the day, was taken up, and the same read the third time; the report of the committee was agreed to; upon the passage of the bill, the previous question was called, which call was sustained, and the main question ordered.
Che yeas and nays were called for, which call was sus. tained.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adame of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt. Berner,
66

Gamble, Gardner, Gibson, Glenn, Green of Clay, Griffith, Hagan, Hale,

McKibben, McMichael, Norris, Olive, Page, Parker,
Perry, Pickett,

1042

JouRNAL OF THE HousE.

Black, Blalock, Brady, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Candler, Chappell, Clay of Cobb, Clay of Walton, Vomer, Coney, Cook, Darden, Dodgen, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute, Frauklin of Fannin, Franklin of Thomas,

Ham,

Hand,

Harrell of Decatur,

Harrell of Webster,

Harrison of Franklin,

Harper,

Hayes,

Henry,

Henderson,

Holland,



Hughes,

Huff,

Humphries of Brooks,

Humphries of Clinch,

Hutchison,

Johnson of Echols,

Kenan,

Kennedy,

Key,

Lamar,

Lanier,

Little of Talbot,

Madden,

Moye,

McCord,

McLane,

!!IcGhee,

McGarrity,

PiLtman, Preston, Rawls, Reilley, Rich, Schofield. Simmons. Sims, Stewart of Mitchel Stewart of Rockdale, Stewart of Marion Stovall, Strickland, Terrell, The mas, Veazey, Vickers, Walker of Putnam, Watts, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Wilson, Worsham.

Mr. Harris, of Catoosa, voting in the negative.

Those not voting were Messrs.-

Birchmore, Branch, Bray, Cameron, Coggins, Crawford, Denney, DuBose, Duggan, Fortner, Gordon, Greene of Madison, Gresham, Grindle, Harrison of Quitman. Harris of Columbia,

Howell, Hunt, Iler, Johnson of DeKalb, Johnson of Screven, Jones, Kimbrough, Lumsden, Mathews, Mauney, ~I ills, Mixon, !Ionroe, Morgan, McLendon, McCleskey,

Reynolds, Rountree, Hussell of Chatham, Russell of Clarke, Russell of Polk, Shewmake, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Tate, Taylor, Vaughn, Vining, Walker of .!!'loyd,

FRIDAY, OcTOBER 7, 1887.

1043

Harvey. Hawkins, Hill of Meriwether, Hill of Wilkes, Holleman, Howard,

Newton, Nichols. Peeples, Perkins. Ray, Reid,

Watson, Way, Wei!, Williams of Upson. Mr. Speaker.

Yeas 108. Nays 1. Not voting 6 5.

Having received the requisite constitutional majority, the bill passed, to-wit :

A bill to amend section 1465 (f) of the Code of 188:.:l, by

striking from the sixth line of said section the words. and

figures" ten thousand ($10,000) dollars," and substituting in lieu thereof the words and figures "five thousand ($.5,-

000) dollars," etc.



Upon motion tne bill was ordered to be immediately

transmitted to the Senate.

Leave of absence was granted to the following members, to-wit: Messrs. Hill of Merriwether, Wei!, Evans of

Washington, Smith of Jefferson, Henry, Coggins, Peeples,

Blalock) Hallman and Glenn.

House bill No. 38, a special mder of the day, was taken up for a third reading; as the same provided for an appropriation the House resolved itself into a Committee of the Whole House, Mr. Felton, of Bibb, in the chair.

Mr. Felton, of BiblJ, chairman of the Committee of the Whole House, submitted the following report:

Mr. Spertker :
The Committee of the Whole House have had under consideration House bill No. 38, which they instruct me to report back with the recommendation that the same do pass, hy substitute, as amended.
The following bill was then read the third time; the previous question was called for, which call was sustained, and the main question ordered; the report ofthe committee which was favorable to the passage of the bill by substitute, as amended, was agreed to; upon the passage of the

1044

JouRNAL oF THE HousE.

bill it was necessary that the vote should be taken by the yeas and nays, as the same provided for an appropriation,
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Belt, Berner, Branch. Brown of Henry, Calvin, Candler, Clay of Cobb, Clay of Walton, Coney, Darden, Denny, Duggan, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute, Franklin of Thomas, Gamble, Gardner, Gibson, Green of Clay,

Gresham,

McLane,

Griffith,

.\IcKibben,

Hagan,

:McMicha~l.

lial0,

~orris,

Harrell of Decatur, Pickett,

Harris of Catoo~a,

Pre ton,

Holland,

Reilley,

Hughes,

Rich,

Huff~

Russell of Polk,

Humphries of Clinch, Hchofield,

Hutchison,

Shewmake,

,Johnson of Echols, Sims,

,Johnson of Screven, Stovall,

Kenan,

Strickland,

Lamat,

Terrell,

Lanier,

Veazey,

Little of Talbot,

Walker of Putn11m,

Madden,

Watts,

:\iatthews,

Whaley,

:Mixon,

West:

:Morgan,

Williams of Harris,

Moye,

Williams of Jackson,

McCord,

Worsham.

Those voting in the negative were Messrs.-

. Ashley,
Atkinson, Bailey, Brady, Brown of Cherokee, Brewster, Buchan, Cameron, Chappell, Corner, Dodgen, Durrance, Felton of Bartow,

Franklin of Fannin, Glenn, Hum, Hurrell of Webster, Harrison of Fum klin, Harper, Henry, Henderson. Kennedy, McGarrity, Olive, Page, Perry,

Rawls, Simmons, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Tate, Thomas, Vickers, Wheeler, Whelchel, Wilcox. Wihon.

FRIDAY, OCTOBER 7, 1887.

1045

Those not voting are Messrs.-

Adams of Elbert, Birch more, Black, Blalo('k, Bray, Coggins, Cook. Crawford, DuBose, Evans. Fagan. Fortner. Gordon, Green of Madison, Grindle, Hand. Harrison of Quitmnn, Harris of Columbia, Harvey, Hawkins, Hayes, Hill of Meriwether,

Hill of Wilkes,

Perkins,

Holleman.

Pittman,

Howard.

Ray,

Howell,

Reid,

Humphries of Brooks, Reynolds,

Hunt,

Rountree

Iler,

Russell of Chatham,

Johnson of DeKalb, Russell of Clarke.

Jones,

Smith of Crawford.

Key,

Smith of Glynn,

Kimbrough.

Smith of Gwinnett,_

Lumsden.

Stevens,

Mauney.

Stewart of )larion,

}fills.

Taylor,

Monroe.

Vaughn,

McGhee,

V:ining,

}lcI,endon.

Walker of .!<'loyd,

McCleskey.

Watson,

Newton.

Way,

Nichols.

Weil,

Parker.

Williams of Upson,

Peeples.

Mr. Speaker.

Yeas 70. Nays 38. ~ot voting 66.

Not teceiviilg the requisite constitutional majority, the bill was lost, to-wit:
A bill to establish an Agricultural Experiment Station in this State, and to provide for the maintenance of same, ete.
Upon motion, the Honse adjourned until 7:30 p. m.

7::~o O'cLocK r. M.
The Honse met pursuant to adjoumment, and was called . to order by the Speaker.
The roll was Qalled and a quorum was found to be pt'esent.
A communication from the management of the Piedmont Exposition was received and read.
Mr. Tate offered the following resolution, which was read and adop\ed, to-wit:

1046

JouRNAL oF THE HousE.

A resolution declaring that the press of business before the committees, and the House, render it impracticable to attend the opening exercises of the Piedmont Exposition in a body, and thanking the managers for invitation to attend the 'lame, etc.
Mr. Felton, of Macon, chairman of the Committee of Agriculture, submitted the following report:

Jlb. Speake/' :
The Committee on Agriculture have had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to abolish the Stock Law in the 117th and 118th districts G. M., of Hancock county.
Respectfully submitted. \V. H. FELTON, Chairman.
By unanimou:; consent, the following bill was introduced, read the first time, and referred to Committee on C. & C., to-wit : By Mr. Buchan-
A bill to amend an act entitled an act to provide for the registration of the legal voters of Dodge county, etc.
Mr. Atkinson offered the following resolution, which was read and adopted, to-wit:
Resohed, That his Excellency, the Governor, be, and he is hereby requested, to furnish to this House an itemized statement of the expenses of the Department of Agriculture for and during the last two years, etc.
The following Senate resolution was taken up, read and adopted, to-wit :
A .resolution requesting the Hou~e to return to the Senate House bill No. 291.
The following Senate bil.ls were read the first time and appropriately refened, to-wit:
By Mr. Butt-
A bill to allow persons charged with crime to testify in

FRIDAY, OcTOBER 7, 1887.

1047

their own behalf, and to rPpeal conflicting laws. Referred to Committee on General Judiciary.
By Mr. NorthcuttA bill to amend the charter of originally the Marietta
and North Georgia Railroad Company, etc. Referred to Committee on Railroads.
By Mr. RobertsA bill to amend an act to incorporate the Savannah and
Western Railroad Company, etc., approved October 9, 1885. Referred to Committee on Railroads.

By Mr. McLeodA bill to authorize the Ordinary of Telfair county to sell
all insolvent tax fl. fas. belonging to the county.
Referred to Committee on Special .T udiciary.
By Mr. DeJarnetteA bill to ratify and confirm to the Covington and Macon
Railway Company the right and authority to make certain extension& of the main line, and to build certain branches of said railway obtained under the general law for the incorporation of railroarls, approved September 27, 1881, etc.
Referred to Committee on Railroads.
By Mr. PowellA bill to authorize the city or town which contains the
court house in each county that has or may hereafter prohibit the sale of intoxicating liquors under the provisions of the. act of the General Assembly of Georgia, approved September, 1885, and known as the general local option law, or any other local prohibitory liquor act, when so recommended by a majority of two successive grand juries, to keep on hand and supply residents of such county, spirituous, vinous or malt liquors for medicinal purposes and sacramental purposes; to regulate the manner in which such liquor shall be obtained, kept and sold, etc.
Referre<\.to Committee on Temperance.
By Mr. Butt-

1048

JouRNAL OF '!'HE HousE.

A bill to incorporate the Columbus and Buena Vista Railroad Company, etc.
Referred to Committee on Railroads.
By Mr. JacksonA bill to incorpor:ate the Merchants and Planters Bank
of Carrolton, Georgia. Referred to Committee on Banks.
By Mr. Smith, of 21stA bill fixing compensation of the Commissioners of
Roads and Revenu(~S of Wilkinson county, approved February :23, 1876.
Referred to Committee on Counties anJ County Matters.
By Mr. DilworthA bill to remove the civil disabilities of William Ammons
and Cansamore Herndon Ammons, minor sons of William Ammons, deceased, of Camden county, Georgia, and to authorize them to receive without the intervention of a guardian or tl'ustee all moneys and property of any description that may be due them from the estate of said deceased by the admini,.tration thereof, etc.
Referred to Committee on Special .Judiciary.
By Mr. Lewis, of 19th. A bill to incorpora~e the Augusta and White Plains Rail-
road Company, etc. Referred to Committee on Railroads.
By Mr. ButtA bill to amend section 1486 of the Revised Code of
Georgia of 1882. Referred to Committee on General Judiciary.
By unanimous consent, House hill No. 388 was recommitted to the Committee on Agriculture.
The following Senate bill was read the second time; the report of the c~mmittee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit:
A bill to amend the General Tax Act, for 188~ and 1888,. etc.

SATURDAY, OcTOBER 8, 1887.

1049

The following House bills were read the second time, and recommitted to the Committee on Special Judiciary, to-wit:
A bill to authorize the Mayor and Council of the city of Athens to lay out and widen the streets of said city.
Also, a bill to authorize the Mayor and Council of the city of Athens to assess such part of the annual cost of water for fire purposes as they shall deem proper against the property protected, to declare what property is so protected, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to levy a special tax on the several trades and profes~:;ions in said city.
Also, a bill to authorize the Mayor and Council of the city of Athens to grade, pave, macadamize and otherwise improve the streets of said city, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to lay and construct drains and sewers in said city, ek
Leave of absence was granted to the following members, to-wit: Messrs. Morgan, Little of Muscogee, Reid and Greene of Clay.
The House then adjourned until to-morrow morning at 8 o'clock.

ATLA.'<TA, GEORGIA,
Saturday, October 8, 1887.
The Honse met pur~nant to adjournmrnt; was called to order by the Speaker pro tern., and opened with praye:::- by the Rev. Mr. Hayes.

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

Those present were Messrs.-

Adams of Greene, Arnheim, Ashley,

Hagan, Hale, Ham,

Olive, Page, Parker,

1050

JouRNAL oF THE HousE.

Atkinson, Bailey, Belt, Berner, Black, Brady, Branch, Bray, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Cook, Denney, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, .tfoute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith,

Hand,

Perry,

Harrell of Decatur, Pickett,

Harrell of Webster, Pittman,

Harrison of Franklin, Preston,

Harris of Catoosa,

Reilley,

Harvey,

Rich,

Hawkins,

Russell of Chatham,

Hayes,

Russell of Clarke,

Henderson,

Russell of Polk,

Hill of Wilkes,

Schofield,

Holland,

Shewmake,

Holleman,

Simmons,

Howell,

Sims,

Hughes,

Smith of Glynn,

Huff,

Smith of Gwinnett,

Humphries of Brooks. Stewart of Mitchell,

Hurr.phries of Clinch, Stewart of Rockdale,

Hutchison,

Stewart of ~!arion,

Johnson of Echols, Stovall,

Johnsor. of Screven, Strickland,

Kenan,

Tate,

Kennedy,

Terrell,

Lamar,

Thomas,

Lanier,

Veazey,

Little of Talbot.

Vickers,

Madden,

Walker of Putnam,

Mathews,

Watts,

Mixon.

Way,

Monroe,

Wei!,

Moye,

Whaley,

McCord,

"\Vest,

McLane,

Wheeler,

McGhee,

Whelchel,

McGarrity,

Williams of Harris,

McLendon,

Williams of Jackson,

McKibben,

Williams of Upson.

McCleskey,

Wilcox.

McMichael,

Wilson,

Nichols,

Worsham.

Norris,

Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Birchmore. Blalock, Brown of Henry, Coggins,

Henry, Hill of Meriwether, Howard, Hunt, Iler,

Perkins. Ray, Rawls, Reid, Reynolds,

SATURDAY, OcTOBER 8, 1887.

1051

Crawford, Darden, DuBose, Evans, Fortner, Gibson, Grindle, Harrison of Quitman,
Harper. Harris ot Columbia,

John~on of DeKalb, Jones, Key, Kimbrough, Lumsden, }launey,
l1Ii~L;,
Morgan, Xewton. Peeple>'.

Rountree, Smith of Crawford, Smith of .Jefferson, 8tevens, Taylor. Vaughn,
V1ning,
'Valker of J<'loyd. \Vatson.

Mr. Ham, chairman of the Committee on Journals, reported that the Journal had been examined and found correct.
The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit: Messrs. Mo:gan, Adams of Elbert, Parker, Black, Darden, Clay of Walton, Johnson of DeKalb.
Mr. Felton, of Macon, gave notice that at the proper time he would move to reconsider the action of the House had on yesterday, relating to House bills No. 1005 and 38.
Upon motion ot Mr. Clay, of Cobb, the action of the House had on yesterday relating to House bills Nos. 1005 and 38 were reconsidered.
Upon motion, House bills Nus. 1005 and 38 were recommitted to the Committee on Agriculture.
Mr. Felton, of Bartow, chairman of the Committee on Lunatic Asylum, submitted the folfowing report:

Mr. Speaker:

The Committee on Lunatic Asylum have had under consideration the following resolution, which I am instructed to retum to the House with the recommendation that it be adopted, to-wit:

A resolution to dischatge from the Lunatic Asvlum, Bunk

Guun, of Houston county.



Respectfully submitted.

W. H. FELTON, of Bartow, Chairman.

1052

JouRXAL oF THE HousE.

Mr. Olive, chairman pro tem. of the Committee on Corporations, submitted the following report :

Mr. Speake1' :
The Committee on Corporations have had under consideration the following Senate bills, to-wit:
A bill, No. 1i8, entitled an act to authorize the City Council of Augusta to grade, pave, macadamize and otherwise to improve its streets, etc.
Also, Senate bill No. 1i9, entitled an act to authorize the City Council of Augusta to collect by execution liens upon premiums for water, and instruct me as their chairman to reiurn said bills to the House with the recommendation that the same be read the second time and be Jecommitted to the Committee on Corporations.
Respectfully submitted. J. T. 0LIY E, Chairman pro tem.

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

J:lr. Speaker :

The Committee on General Judiciary have had under consideration the following bill, which they instruct me to report back to the Honse, with the recommendation that it do pass, by substitute, to-wit :

A bill to be entitled an act to amend section 4185 of the

Code of 1882.

Respectfully submitted.

R. L. BERNER, Chairman.

Mr. Olive, chairman pro tem. of the Committee on Cor~ porations, submitted the following report:

Mr. Speaker : The Committee on Corporations. to whom was referred
the following bill of the House, report the same back with

SATURDAY, OcToBER 8, 1887.

1053

tbe recommendation that it be read the second time and be recommitted to this committee, to-wit :
Bill No. 994, to amend an act to rest the title of the Commissioners of the city of Columbus in a Board of Commissioners, so as to authorize the sale or lease of certain lands set apart to railroad companies under conditions
named. Respectfully submitted. J. 'f. OLIVE, Chairman p1o tem.

Mr. Duggan, chainnan of the Committee on Enrollment, submitted the lollowing report :

.Mr. Speaker :
. The Committee on Enrollment reports as duly enrolled, ready for the signatures of the Speaker of the House and the President of the Senate, the following acts, to-wit :
An act to appropriate five thousand dollars to the U niversity of Georgia to complete its branch college building at Dahlonega, etc.
Also, an act to appropriate the sum of five thousand dollars for repairing the buildingb of the University of the State of Georgia.
Also, an act to amend the charter of Americus, Georgia. Also, a resolution appropriating the sum of one hundred and twenty-five dollars for the hire of clerks employed by the joint committee appointed to investigate the affairs of the Western and Atlantic Railroad.
Also, an act to prescribe the time within which tax fi. Jas.
may be enforced, etc. Also, an act to appropriate the sum of thirty-five hun-
dred dollars for the repairs of the old capitol building, now used by the Middle Georgia Military and Agricultural College in Milledgeville.
Also, an act to appropriate the sum of thirty-five hundred dollars to complete and furnish the buildings of the branch oollege at Thomasville.

1054

JouRNAL OF THE HousE.

Also, an act to amend an act, approved March 3, 1874, incorporating the town of Thomasville.

Also, an act to amend an act entitled an act for the pro-

tection of deer, partridges and wild turkeys in the counties

of Chatham and Bryan, etc. Also, a resolution for the relief of R. M. Tyson former

Tax Collector of Glynn county.

Also, an act to authorize the Ordinaries of the several
counties of this State to issue fi. fa.~. for their fees and costs,

etc.

Also, an act to amend an act to incorporate the Com-

mercial Bank of Albany, approved December 11, 1871.

Also, an act to repeal section 4698 of the Code of 1882,

and to substitute in lieu thereof another section.

Also, an act to amend section 4600 of the Code of 1882.

Also, a resolution to relieve C. C. Thorp and J. W.

Knight, of Johnson county.

Also, a resolution for the relief of John B. Paulk, of the

county ofirwin. Also, a resolution for the relief of James H. Tootle,. of

the county of Montgomery. Also, an act to amend the charter of the city of Griffin.

Also, an act to ratify and confirm and amend the charter

of the town of Chokee, Lee county. Also, an act to antho~ize the Trustees ot the Elbert

County Male Academy to sell the property belonging to

said Academy, etc. Also, an act to provide for the appointment of a Special

Board of Visitors to the University of Georgia; to prescribe

their powers and duties.



Also, an act to pro vide for the registration of the qualified

voters of the county of Irwin. Also, an act to incorporate the Marietta Insurance Com-

pany. Respectfully l:lubmitted. IvY W. DuGGAN, Chairman.

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

SATURDAY, OcTOBER 8, 1887.

1055

Jlr, Speaker: The Committee on General Judiciary have had under con-
sideration the following bills, which they reco"?-mend me to report back to the House with the request that they be read the second time and recommitted, to-wit:
Senate bills Nos. 115, 95, 99, 101, 104, 137, 162, 77, 138, 141, 155, 181, 157, 164, 174, and House bill No. 968.
Also, the following House bill, which they recommend be passed by substitute :
Bill No. 346, to provide a uniform mode of procedure in civil cases, except as herein provided.
Also, bill No. 834, to provide additional supervisions of Railroads, etc.
Respectfully submitted. R. L. BERNER, Chairman.
Mr. Terrell, chairman pro fem. of the Committee on Banks, submitted the following report:

Mr. Speaker:
The Committee on Banks has had under consideration the following Senate bill, which I am instructed to return to the House with the recommendation that it do pass, to-wit:
A bill to incorporate the Merchants and Planters Bank of Carrollton, Georgia.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Berner, chairman of tr.e Committee on General Judiciary, submitted the following report:

Mr. Speake?":
The Committee on General Jtidiciary has had under consideration the following bill, which they instruct me to report back to the House with the recom~endation that it do pass, as amended, to-wit:

1056

JOUE.NAL OF THE HOUSE.

House bill No. 582, to abolish the County Court of Coweta County.
Respectfully submitted. R. L. BERNER, Chairman.
Upon motion, the following House bills and resolutions we1e taken up and read the second time, to-wit:
A resolution to relieve Bunk Gunn from the Lunatic Asylum.
Also, a bill to incorporate the Southern Phwnix Insurance Company.
Also, a hill to incorporate the Columbus and Gulf Navigation Company, etc.
Also, a bill to incorporate the Atlanta Savings Loan and Trust Company.
Also, a bill to incorporate the Greenville Banking Company.
Also, a bill to provide for additional supervision of railroads in this State, and to render less hazardous the transportation or storage of persons and property by them, etc.
Also, a bill to amend an act to incorporate the Fulton County Street Railroad Company, etc., approved September 17, 1882.
Also, a bill to amend an act to incorporate the Atlanta Loan and Banking Company, approved October 13, 1885, so as to change the name of said company.
Also, a bill to incorporate the town of Hillman, in the county of Taliaferro.
Als-:-, a bm to amend an act, approved March 3, 1875, entitled an act to amend an act, to consolidate, amend and supercede the several acts incorporating the town of CaroBton, in the county of Carroll, etc., approved August 20, 1872.
Also, a bill to amend section 936 of the Code of 1882. Also, a bi!l to require the Clerks of the Superior Courts of this State to file in the office of Secretary of State eopies of all charters granted by the Superior Courts, etc. Also, a bill to amend an act to constitute the Judge of

SATURDAY, OC'roBER 8. 1887.

1057

the City Court in the county of Richmond ex-officio Commission~r of Roads and Revenues for Richmond county,
etc. Also, a bill to incorporate the Pataula Banking and Cot-
ton Company of Fott Gaines, Georgia. ~)so, a bill to prevent frauds upon travelers by restrict-
ing the sale of tickets to duly authorized agents of the public carriers for which they are sold.
Also, a bill to incorporate the Piedmont Savings Bank, of Atlanta, Ga.
Also, a bill to repeal the registration law now of force in Walton county, passed in 1884 and 1885, and to pass another, in which there shall be annual registrations, etc.
Also, a bill to incorporate the Mutual Loan and Banking Company.
Also, a bill to incorporate the Atlanta Suburuan Railway Company, etc.
Also, a bill to incorporate the Tallulah Falls Railroad and Improvement Company.
Also, a bill to make an additional appropriation to carry into effect, an act to provide for a complete roster of Georgia troops in the Contedemte army, etc.
Also, a bill to make it illegal to fish with seins in the Allapaha River and its tributaries in the county of Wilcox, etc.
Also, a bill to amend section 909, and repeal section 910 of the Code of 1882, in relation to penalties against defaulting Tax Collectors.
Also, a bill to prohibit the manufacture and sale of any spirituous, vinou;;:, malt, or other intoxicating iiquors in th.e 746th district, G. M., of Coweta county, Georgia.
Also, a bill to amend article :~, section 7, paragraph 7 of the Constitution of Georgia.
Also, a bill to amend the charter of the city of Dawson.
By unanimous consent, House bill No. 869 was recommitted to Committee on General J ndiciary.
67

1058

JoURNAL oF THE HousE.

Mr. Berner oftered the following resolution, which W88 . read and adopted, to-wit:
WHE;REAS, House bill No. 346 has been lost, and whereas, the copy hereto attached, is an exact and true copy of the same.
Resolved, That the said copy, by unanimous consent, be and the sanw is hereby adopted in lieu of the original.
By unanimous consent, 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 88, nays 0, to-wit :
A bill to make the Sheriff of the county of Decatur ex-officio Sherif}" of the County Court of said county.
The following House bill was read the second time, an.d recommitted to the Committee on Corporations, to-wit:
A bill to amend an act to vest the titles to the commons of the city of Columbus in Commissioners.
Also, the following bills were read the second time :
A bill to repeal an act entitled an act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, etc., so far as the same apply to the county of Coweta, and to abolish the County Court of Coweta, etc.
Also, a bill to authorize and empower the Commissionets of Chatham county and ex-officio Judges to sell the site of the present court house of Chatham county, and to use the proceeds of said sale in building a more commodious court house.
Also, a bill to amend section 4185 of the Code of Georgia.
The following Senate bills were read the first time and appropriately referred, to-wit:
Bv Mr. Northcutt. A bill to incorporate the Atlanta Mortgage Guarantee
Company. Referred to Committee on Corporations.

SATURDAY, OcTOBER ~, 1887.

1059

By Mr. BrantleyA bill to prescribe the duty of electric telegraph compa-
nies, as to receiving and transmitting dispatches ; to prescribe penalties, etc.
Referred to Committee on Railroads.
Upon motion of M1-. Chappell, the following House bill
was taken np for the purpose of further acting upon Senate amendments thereto, to-wit:
A bill to carry into effect the amendment to article 7, section 1, paragraph 2, of the Constitution of 1R77, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service.
. Mr. Chappell then moved that the House disagree to those Senate amendments which had not been previously acted on by the House, which motion prevailed.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:

ltlr. Speaker.
The Committee on Finance have had under consideration the following bills, which they instruct me to 1eport back to the House with the recommendation that they do not pass, to-wit :
A. bill to be entitled an act to appropriate money arising
from liquor license to educational purposes in the county in which the sale of the same is licensed.
Also, a bill to be entitled an act to establish public schools in each of the counties of this State as branches of the State ,University, and to appropriate money for the same, and for other purposes.
They have also had under consideration the following resolution, which they instruct me to report back, with the recommendation that they do pass, to-wit:
A resolution authorizing and directing the Governor and Treasurer of the State to sell certain property belonging to the State.

1060

JouRNAL OJ.' 'rHE HousE.

Also, the following resolution which they instruct me to report with the reccommeudation that it do pass, as amended :
A resolution appropriating four hundred dollars, or so much thereof as may be necessary, to decorate the Capitol and the Executive Mansion, in honor of the President of the United States.
Also, the following resolutions, which they instruct me to report, with the recommendation that the introducer be allowed to withdraw the same, to-wit:
A resolution for the relief of J. G. Nichols, of the county of Towns.
A resolution to relieve W. T. Woodruff, Tax Collector of Taliaferro county for the year 1884 of a penalty ofone hundred and thirteen dollars and fifty-eight cents as a defaulting Tax Collector.
Respectfully submitted. WM. W. GoRDON, Chairman.

The following message was received from the Senate, thtough Mt. W. A. Harris, the Secretary thereof:

Mr. Speaker.

The Senate has passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:

A bill to incorporate the town of Ocean City, on Tybee

Island, in Chatham county; passed by the requisite consti-

tutional majority ; yeas 29, nays 0.

Also, a hill to change the manner of electing Trust_,es of

the Effingham Academy; passed by the requisite constitu

tiona! majority; yeas 27, nays 0.

Also, a bill to authorize and require the registration of

all voters in the county of Clay, and for other purposes;

passed by the requisite constitutional majority; yeas 28,

nays 0.



Also, a bill to appropriate the proceeds of the hire of

misdemeanor convicts in the counties composing the North-

SATURDAY, OCTOBER 8, 1887.

1061

ern Judicial Circuit, to the payment of costs accruing to the officers of court in which the conviction was had, and for distribution on the insolvent costs; passed by the requieite constitutional majority ; yeas 30, nays 0.
Also, a bill to strike out, alter and amend so much of section 12, of the charter of the town of Harmony Grove as prescribes the mode and manner of levying taxes and the amount that may be levied ; passed by the requisite constitutional majority ; yeas 2l5,. nays 0.
Also, a bill to amend an act entitled an act to provide for the better organization, government and discipline of the volunteer troops of this State; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also, a bill to amend the charter of the town of Waycross, in the county of Ware, so as to provide for the registration of the voters of said town; to prescribe the manner thereof, and for other purposes ; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to authorize the Mayor and Council of the city of Dalton to operate and manage water-works in said city; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock, and to provide for its government; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall and Banks; passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate has also passed the following bills of the Senate, by the requisite constitutional majority, to-wit:
. A hill to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches; to prescribe penalties therefor, and for other purposes; passed by the requisite constitutional majority ; yeas 29, nays 0.
Also, a bill to incorporate the Atlanta Mortgage Guaran-

1062

JouRNAL,OF THE HousE.

ty Company; passed by the requisite constitutional majority.
The Senate has also passed the following resolutions of the House by the requisite constitutional majority, to-wit:
A resolution for the relief ofJ. F. Farmer, Tax Collertor ot Jefferson county; passed by the requif;ite constitutional majority; yeas 24, nay" 0.
~]so, a resolution appropriating the sum of one hundred and twenty-five dollars forthe hire of clerks employed by the joint committee appointed to investigate the affairs of the Western and Atlantic Railroad; passed by the requisite constitutional majority ; yeas 30, nays 0.
Also, a resolution for the relief of the Natioual Life and Maturity Association of Washington, D. C.; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate has also passed the following bill of the House, with certain amendments, by the requisite constitutional majority, yeas 26, nays 0, to-wit:
A hill to incorporate the town ot Tarver, in the county of Echols, and fm other purposes.
Mr. McLendon, chairman of the Committee on Penitentiary, submitted the following report:

.lfr. Speaker :
The Committee 011 Penitentiary have had under consideration the following bill, which they instruct me to report hack. with the recommendation that the ~:lame do pass, towit:
A bill to make all leases of penitentiary convicJis of the State her':lafter made revocable at the pleasure of the General Assembly, etc.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to create and establish a permanent Penitentiary and Supply Farm for the confinement, employment, punishment, etc., of all convicts who are now or who may here-

SATURDAY, OC'.rOBER 8, 1887.

1063

after come into the charge and control of the State of Georgia, etc.
Also, the following bill, which they rf'commend do not
pass, io-wit :
A bill to provide for working the convicts of this State in building branch lines of railroad to or from main or trunk lines of railroad, to or through any of the counties of this State without railroad facilities, etc.
Also, the following bill, which they recommend the introducer be allowed to withdraw, to-wit :
A bill to require the Judge of the Superior Court of the Atlanta Circuit to sentence all prisoners convicted of felonies in said court to the chain gang of Fulton county, etc.
Respectfully submitted. S. G. McLENDON, Chairman.

Upon motion of Mr. Gardner, House bill No. 37S was

taken up for the purpose of acting upon the Senate amend-

ments thereto.

Mr. Gardner moved to disagree to the amendments pro-

posed, to-wit, making a new section to be known as section 6.

Upon this motion, the previous question was called, which

call was sustained, and the main question ordered.

Upon disagreeing to the amendment, the yeas and nays

were called for, which call was sustained.

.

Upon the call of the !'0ll the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Ashley, Atkinson,
Bt~iley,
Brady,
Brown of Cherokee, Chappell, Coney, Cook, Denney,

Gardner, Gordon, Gresham, Hagan, Hale, Ham, Harrell of Decatur, Holland, Howell. Huff, Humphries of Brooks,

Page, Pickett, Pittman, Rawlo, Keilley, ]:{ich, Russell of Chatham, Schofield, Simmons, Smith of Gwinnett, t-ltewart of Mitchell,

1064

JOURNAL OF THE HousE.

Dodgen, DuBose, Fagan, Felton of Bibb, Featherston, Fordham, Gamble,

Kenan, Lanier, Madden, Mathews, Monroe, McCord, McLendon,

Stewart of Rockdale, Terrell, Watts, Whelchel, Williams of Jackson, Wilcox.

Triose voting in the negative were Messrs.-

Berner, Blalock, Branch, Brown of Henry, BrtJwster, Buchan, Jalvin. Cameron, Candler, Clay f Walton, Durrance, Felton of Bartow, Foute, Franklin of Fa,.nin, Franklin of Thomas, Gibson, Glenn, Griffith.

Hand, Harrison of Franklin, Harper, Hawkins, Hayes, Henderson, Hughes, Hutchison, Johnson of Echols, Kennedy, Lamar, Little of Talbot, Mixon, Moye, McLane, McGhee, McGarrtty, ""IcKibben,

McMichael, Nichols, Norris, Olive, Preston, Russell of Polk, Shewmake, Stovall, Strickland, Taylor, Thomas, Veazey, Vickers, Walker !,f Putnam, Wheeler. Williams of Harris, Wilson, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Belt, Birch more, Black, Bray, Clay of Cobb. Coggins, Comer, Crawford, Darden. Duggan, Evans, Felton of Macon, Fortner, Green uf Clay, Greene of Madison, Grindle, Harrell of Webster,

Hill of Meriwether, Hill of Wilkes, Holleman. Howard, Humphries of Clinch, Hunt, Iler, Johnson of DeKalb, Johnson of Screven, .Jones. Key, Kimbrough, Lumsden, Mauney, Mills, Morgan, McCleskey, Newton,

Ray, Reid, Reynolds, Rountree, Russell of Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Jefferson Stevens, Stewart of Marion,
T~tte,
Vaughn, Vining, Walker of Floyd, Watson, Way, Wei!,

SATURDAY, OCTOBER 8, 1887.

1065

Harrison of Quitman, Harris of Catoosa, Harris of Columbia, Harvey, Henry,

Parker, Peeples, Perkins, Perry,

Whaley, West, Williams of Upson, Mr. Speaker.

Yeas. 53. Nay~, 54. Not voting, 67.

So the motion to disagree was lost.

Upon motion, House bill No. 378 was recommitted to Committee on Temperance.

Leave of absence was granted to the Committee on General Judiciary for a few minutes from the morning session.

The following Senate bill was read the second time, towit:

A bill to amend an act to incorporate the town of Pelham, i"n the county of Mitchell.

Mr. Howell offered the following resolution, which was read, and, upon motion, tabled, to-wit:

A resolution fixing the order of business for next week, etc.

Mr. Olive, chairman pro tern. of the Committee on Corporations, submitted the following report:

Mr. Speaker :
The Committee on Corporations have had under consideration the following bills, to-wit:
Senate bill No. 182, entitled an act to amend the charter of the town of Pelham, in the county ot Mitchell, so as to extend the corporate limits thereof; to enlarge and define the powers of the Mayor and Councilmen, and for other purposes, which they instruct me to report back, with the recommendation that it do pass.
Also, House bill No. 898, entitled an act to incorporate t~e Central Trust Company of Georgia, and to define its rtghts, powers and duties, and for other purposes.
Also, House bill No. 978, entitled an act to authorize

1066

JouRNAL oF THE HousE.

incorporated towns and cities of this State to condemn property to be used as streets, and define how much damages may be ascertained, and for other purposes.
Also, House bill No. 993, entitled an act to incorporate the town of Collinsville, in De Kalb and Rockdale counties, each of which they instruct me to report back, with the recommendation that they do pass, as amended.
Respectfully submitted. J. T. OLivE, Chairman pro tem.

The following Senate bills were read the second time, to-wit :

A bill to provide for the buidling and erecting of a court house in each militia district in the several counties of this State, and to provide for the holding Jutice Courts at the precincts in each militia district, etc.
Also, a bill to regulate the practice in claim cases in the different courts of the State of Georgia, etc.
Also, a bill to regulate the practice in the Superior Courts of the State of Georgia, in rules and attachments for contempt against officers of court and attorney" at law.
Also, a bill to regulate the practice in cases of new trial in the Superio1 Court and other courts of this State.
Also, a bill to amend section 1997 of the Code of 1882. Also, a bill to amend section 508 (x) of the Code of Georgia of 1882.

The following House bills and resolution were read the second time, to-wit:

A bill to make all leases of penitentiary convicts of the

State hereafter made revocable at the pleasure of the Gen-

eral AsBembly, etc.

Also '

a bill to

vest

in

the

Commissioners
.

of Chatham

county and ex-officio Judges the control of the tract of land in

the citv of Savannah. known as the ''old Cemetery," situated

on South Broad and Abercorn streets, and to authorize the

said Commissioners to use the same for the purpose of

erecting a court house thereon, etc.

Also, a resolution appropriating four hundred dollars, or

SATURDAY, OCTOBER 8, 1887.

1067

80 much thereof as may be necessary, to decorate the Cap-. itol and Executive Mansion, in honor ?f the President of the Unite~ States.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legalproofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 2, to-wit :
A bill authorizing the Board of County Commissioners of Mitchell county, to submit to the qualified voters of said county the question of issuing bonds to pay for a court house, etc.
Mr.. Tenell, chairman pro tern. of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:

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

A bill to be entiled an act to vest in the Commissioners of Chatham county and ex-officio Judges the control of the tract of land in the city of Savannah, known as the Old Cemetery, and for other purposes, which I am instructed to report to the House, with the recommendation that the same be read the second time and recommitted.
Respectfully submitted.
J. M. TERRELL, Chairman pro tern.

Mr. Gardner offered the following resolution, which was read and adopted, to-wit:

Resolved, l"hat the Temperance Committee be instmcted to report on House bill No. 378, with Senate amendment, on Tuesday morning, the 11th inst.

Mr. Adam!'!, of Greene, offered the following resolution

which was read and adopted, to-wit :

'

Resolved, That three hundred copies of the r~port of the

Sub-Committee of the Committee on Finance on a bill to

1068

JOURNAL 01:<' THE. HOUSE.

repeal an act entitled an act for the adjustment of claims between the State and the Marietta and North Georgia Railroad, approved 'October 1, 1885, bt printed fer use of the House.
Mr. Duggan, chairman ofthe Committee on Enrollment, submitted the following report:

Mr. Speaker :
The Committee on Enrollment 1eports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following resolution, to-wit:
A resolution appropriating the sum of one hundred and twenty-five dollars for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of th6 Western and Atlantic Railroad.
Respectfully submitted. IvY W. DUGGAN, Chairman.

By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proprr legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 89, nays 1, to-wit:
A bill to prevent the running at large of stock in the 882nd district G. M., of Schley county, Ga.
Mr. Strickland offered the following resolution,.. to-wit:
Resolved, That when the House adjourns to-day, it adjourns to mert Monday morning at 9 o'clock.
Mr. Felton, of Bibb, moved to adjourn. Upon this question the yeas and nays were called for, which call was stistained.

Upon the call of the roll the following was the result of the vote, to-wit:

SATURDAY, OcToBER 8, 1887.

1069

Those voting in the affirmative were Messrs.-

Ad11ms of Greene, Atkinson, Blalock, Brown of Henry, Buchan, Candler, Denney, Durrance, Fagan, Felton of Bibb, Franklin of Fannin, Gordon,

Glenn, Griffith, Hagan, Harper, Hill of Wilkes, Holland, Howell,. Huff, Lamar, Monroe, Moye,

McGhee, Russell of Polk, Schofield, Smith of Gwinnett, Walker of Putnam, Watts, Whaley, Wheeler, Williams of Harris, Williams of Jackson, Worsham.

Those voting in the negative were Messrs.-

Aroheim, Belt. Cameron, Chappell, Coney, Cook, Darden, Dodgen, Felton of Bartow, Fordham, Foute, Franklin of Thomas, Gamble, Gibson, Gresham, Hale, Ham, Harrell of Decatur,

Harrell of webster, Rawls,

Harris of Catoosa, Reilley,

Hawkins,

Rich,

Hayes,

Russell of Chatham,

Henderson,

Shewmake,

Humphries of Brooks, Simmons,

Kenan,

Stewart of Mitcllell,

Lanier,

Stewart of Rockdale,

Madden,

Stovall,

Mathews,

Strickland,

McGarrity,

Terreil,

McLendon,

Thomas,

Nichols,

Veazey,

Olive,

Vickers,

Page,

Walker oi Floyd,

Pickett,

West,

Pittman,

Whelchel,

Preston,

Wilcox.

Those not voting were Messrs.-

Adams of Elbert, Ashley, Hailey, Berner, Birch more, Black, Brady, Bunch, Bray,
Brown of Oherokee, Brewster,

Harrison of Quitman, Harris of Columbia, Harvey, Henry, Hill of Meriwether, Holleman, Howard, Hughes, Humphries of Clincl:. Hunt, Hutchison,

Mc~lichael,
Newton, Norris, Parker, Peeples, Perkins, Perry, Ray, Reid, Reynolds, Rountree,

1070

JoURNAL OF THE HousE.

Calvin, Clay of Cobb, Clay of Walton, Coggins, Comer, Crawford, DuBose, Duggan, Evans, Felton of Macon, Featherston, Fortner, Gardner, Greene of Clay, Greene of Madison, Grindle, Hand, Harrison of Franklin,

Iler, Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, Jones, Kennedy, Key, Kimbrough, Little of Talbot, Lumsden, Mauney, Mills, Mixon, Morgan, McCord, McLane, McKibben, McUleskey,

Russell of Clarke, Sims, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stevens, Stewart of Marion, Tate, Taylor, Vaughn, Vining, Watson. Way, Wei!, Williams of Upson, Wilson, Mr. Speaker.

Yeas, 34. Nays, 54. Not voting, 86.

So the motion to adjourn was lost.

The hour ot adjournment having arrived, the House adjourned until 2:30 p. m.

2:30 O'CLOCK, P. M.

The House met pursuant to adjournment, and was called to order by the Speaker pro tem.
The roll wa~ called and a quorum was found to be present. LeavP of absence was granted to the following members, to-wit: Messrs. Norris, Williams of Harris, Terrell, Whelchel, Smith of Glynn. The following bill was read the third time, and the report of the committee was agreed. Upon the passage of the bill, no quorum voted. The Speaker caused the roll to be called to ascertain if a quorum was present.

The roll was called, and the following members answered to their names :
Those present were Messrs.-

Arnheim, Ashley,

Greene of Madison, Gresham,

Nichols, Olive,

SATURDAY, OCTOBER 8, 1887.

1071

Atkinson, Belt, Berner, Blalock, Brady, Branch, Brown of Henry, Brewster, Buchan, Cameron, Candler, Chappell, Clay of Cobb, Coney, Cook, Denney, Dodgen, DuBose, Durrance, Felton of Bartow, Felton of Bibb, Fordham, Foute, Franklin of .Fannin, Franklin of Thomas, Gamble, Gardner, Gordon, Glenn,

Griffith, Hagan, Hale. Ham, Hand, Harrell of Decatur, Harrison of Franklin, Harper, Harris of Catoosa, Hayes, Henderson, Holland, Hughes, Huft; Johnson of Echols, Kenan, Kennedy, Lamar, Little of Talbot, Madden, Mixon, Monroe, Moye, McCord, McGhee, McGarrity, McLendon, McKibben, McMichael,

Page. Pickett, Pittman, Preston, Rawls, Reillev, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Glynn, Stewart of Mitchell, Stovall, Strickland, Taylor, Thomas, Vaughn, Vickers, vValker of Floyd. Walker ot Putnam, Watts, Whaley, West, Wheeler. Williams of Jackson, Wilcox, Worsham.

Those absent were Messrs.-

Adams of Elbert, Adams 11 Greene, Bailey, Birchmore, Black, Bray, Brown of Cherokee, Calvin, Clay of Walton, Coggins, Comer, Crawford, Darden, Duggan, Evans, Fagan,

Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Howell, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Screven, Jones, Key, Kimbrough,

Peeples, Perkins, Perry, Ray, Reid, Reynolds, Rich, Rountree, Russell ot Clarke, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stewart of Marion, Tate,

1072

JouRNAL oF THE HousE.

Felton of Macon, Featherston,. Fortner. Gibson, Green of Clay, Grindle, Harrell of W ellster, Harrison of Quiiman, Harris of Columbia, Harvey, Hawkins.

Lanier, Lumsden; Mathews Mauney, Mills, Morgan, McLane, McCleskey,
l.~ewLon.
Norris, Parker,

Terrell, Veazey, Vining, Watson, Way, Wei!, Whelchel, Williams of Harris, Williams of Upson, Wilson, Mr. Speahr.

A quorum was found to be present. Upon the passage of the bill, the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote:

Those who voted Ill the affirmative were Messrs.-

Ashley, Atkinson, Belt, Bern<>r, Blalock, Brady, Branch, Brown of Henry, Brewster, Buchan, Cameron, Candler, Chappell, Coney. Denney, Dodgen, DuBose, Durrance, Felton of Bartow, Felton of Bibb, Felton of Macon, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson,

Greene of Madison, Gresham, Griffith, Hagan, Hale, Hand, Harrell of Decatur, Harrison of Franklin, Harper, Henderson, Holland, Hughes, Huff, Johnson of Echols, Kenan, Kennedy, Lamar, Lanier, Little of Talbot, Madden, Mixon. :lion roe, MoyP, McCord, ;'1-lcGhee, McGarrity,
McJ~endon,

Nichols, Olive, Page, Pickett, Pittman, Preston, Rawls, Reilley, Russell of Chatham, Russell of Polk, Schofield, Simmons, S1ms, Smith of Glynn, Stewart of Mitchell, Stovall, Taylor, Thomas, Vickers, Walker of Floyd, Walker of Putnam, \Vatts, Whaley, West, Wheeler. Williams of ,Jackson, Wilcox,

SATURDAY, OcTOBER 8, 1887.

1073

Gordon, Glenn,

McKibben, McMichael,

Wilson, Worsham.

Those not voting were Messrs.-"-

Adams of Elbert, Adams of Greene, Arnheim, Bailey, Birchmore, Black, Bray, Brown of Cherokee,
Calvin. Clay of Cobb, Olay of Walton, Coggins, Comer, Oook, Crawford, Darden, Duggan, Evans, Fagan, Featherston, Fortner, Gamble, Green of Clay, Grindle, Ham, Harrell of Webster, Harrison of Quitman, Harris of Catoosa, Harris of Columbia,

Harvey, Hawkins, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Holleman, Howard, Howell, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Screven, Jones, Key, Kimbrough, Lumsden, Mathews, Mauney, Mill,o, Morgan, McLane, McCleskey, Newton, Norris, Parker,

Peeples, .Perkins, Perry, Ray. Reid, Reynold~, Rich, Rountree, Russell of Clarke, Shewmake, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stewart of Marion, Strickland, Tate, Terrell, Vaughn, Veazey. Vining, Wat8un, Way, Wei!, Whelchel, Williams of Harris, "Williams of Upson. Mr. Speaker.

Yeas 87. Nays 0. Not voting 87.

The bill lacking one vote of receiving the requisite consti-
tutiona'l majority, the Speaker cast his vote in favor of the
bill, and the bill passed, as amended, to-wit: A bill to incorporate the Progress, Loan, Improvement
and Manufacturing Company.

By uauanimous consent, 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 88, nays 0, to-wit:
68

1074

JouRNAL OF THE HousE.

A bill to incorporate the Chattanooga Southern Railway Company, etc.
By unanimous consent, 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 89, nays 0, to-wit:
A bill to i,pcorporate the Peoples' Bank of J eflerson.
The following Senate bills were read the second time, to-wit :
A bill to amend an act entitled an act to amend section 3623 of the Code of 1873, approved September 24, 1879, and codified in the addenda of the Code of 1882.
Also, a bill to amend section 352:3 of the Code of 1882.
Also, a bill to amend paragraph 1, of section 1676, of the Cotle of 1882.
Also, a bill to provide for the levy and sale of personal property for purchase money, where the title to the same is retained in the vendor.
Also, a bill to amend section 4373 of the Code of Geor- . gia, of 188:2.
Also, a bill to repeal an act entitled an act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of1877, approved September 20, 1879, etc.
Also, a bill to amend section 4251 of the Code of Georgia. Also, a bill to presc1ibP a remedy for supplying the defects and inconveniences arising from the loss or mutilation of any public records in any county of this State, and for other purposes. By unanimous consent, the following bill was read the third time; the report of the committee was agreed to, as amended ; the proper legal proof;; were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 89, nays 0, to-wit:
A bill to incorporate the town of Blue Ridge, etc.
The following Senate bills were read the second time, to-wit:

SATURDAY, OCTOBER 8, 1887.

1075

A bill to authorize the City Council of Augusta to grade, pave, macadamize and otherwise improve the streets of the citv of Augusta, and for other purposes, and recommitted to Committee on Corporations..
Also, a bill to authorize the City Council of Augusta to collect by execution to be enforced and to have the same lien upon the premises in or upon which the water may be used as executions for city taxes; all sums due the City Council for water rents, etc., and recommitted to Committee on Corporations.
Also, an act to amPnd an act entitled an act to amend the practice in equity, as granting injunctions restricting the cutting of tim bet, or boxing the same for turpentine purpo;;es, approved October 13, 1885, etc.
Also, a bill to incorporate the Merchants' and Planters' Bank of Canollton, Georgia.
By unanimous consent, Senat6 bills Nos. 138, 141, 155, 157, 162,164, 17l and 181, were recommitted to Committee on General Judiciary.
Mr. Berner, chairman of th Committee on General Judiciary, submitted the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bills, which they instruct me to report back to the House, with the recommendation that it do pass by substitute, to-wit :
House bill No. 969, to authorize the Mayor and Aldermen of the city of Savannah to vest in the Commissionees of Chatham county and ex-officio .J ndges, the control of a portion of the tract of land in the city of Savannah, etc.
Also, a bill No. :2;)8 which they ask to be read the second time and recommitted, to-wit:
. A bill to provide for payment of costs in ceiminal cases m Justice Court of Bibb county.
Respectfully submitted.
R. L. BERNER, Chairman.

1076

JOURNAL OF THE HOUSE.

The following House bills and resolutions were read the second time, to-wit:
A re!-<olution authorizing and directing the Governor and Treasurer of the State to sell certain property belonging to the State.
Also, a bill to provide for the payment of costs in criminal cases in the Justice Courts of Bibb county.
Also, a bill to incorporate the Central Trust Company of Georgia, etc.
Also, a bill to authorize incorporated towns and cities of this State to condemn property to be used as streets, and define how damages may be ascertained.
Also, a bill to incorporate the town of Collinsville. The tollowing House bills were taken up, and the Senate amendments concurred in, to-wit:
A bill to incorporate the Ore Belt Railroad Company. Also, a bill to incorporate the town of Tarver, in the county of Echols. The following House bill was read the second time, to-wit:
A bill to provide for additional supervision of railroads in this State, and to render less hazardous the transportation of persons and property, etc.
The House then adjourned until Monday morning, at 8 o'clock.

ATLANTA, GEORGIA,
Monday, October 10, 1887.

The House met pursuant to adjournment; was called to

order by the Speaker,pro tem., and opened with prayer by

the Chaplain.

.

The roll was called, and the following members answered

to their names :

MoNDAY, OcToBER 10, 1887.

1077

Those present were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Bailey, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Cook, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Thomas, Gamble, Gibson, Gordon, Glenn,
Greene of Madison, Gresham, Gri!fitb, Hagan,

Hand,

Pickett,

Harrell of Decatur, Pittman,

Harrell of Webster, Preston,

Harrison of Franklin, Rawls,

Harper,

Reilley,

Harris of Catoosa,

Reynolds,

Harris of Columbia, Rountree,

Harvey,

Russell of Chatham,

Hawkins,

Russell of Clarke,

Hayes,

Russell of Polk,

.S:enry,

Schofield,

Henderson,

Shewmake,

Hill of Meriwether, Simmons,

Hill of Wilkes,

SimE,

Holland,

Smith of Crawford,

Holleman,

Smith of Glynn,

Howell,

Smith of Gwinnett,

Hughes,

Smith of Jefferson,

Huff, '

Stewart of Mitchell,

Humphries of Brooks, Stewart of Rockdale,

Johnson of Echols, Stovall,

Johnson of Screven, Strickland,

Jones,

Tate,

Kenan,

Taylor,

Kennedy,

Terrell,

Kimbrough,

Thomas,

Lamar,

Vaughn,

Lanier,

Veazey,

Little of Talbot,

Vickers,

Madden,

Walker ot Floyd,

Mauney,

Walker of Putnam,

Mixon,

Watts,

Monroe,

Watson,

Morgan,

Way,

McCord,

Weil,

McGhee,

Whaley,

McGarrity,

West,

McLendon,.

Wheeler,

McKibben,

Whelchel,

McCleskey,

Williams of Harris,

McMichael,

Williams ot .Jackson,

Nichols,

Williams ot Upson,

Norris,

Wilcox,:

Olive,

Wilson,

Page,

Worsham,

1078

JouRNAL oF THE HousE.

Hale, Ham,

Parker, Perkins.

Mr. Speaker.

Those absent were Messrs.-

Adams of Greene, Belt, Brown of Henry, Buchan, Clay of Walton, Crawford, Darden, DuBose, Franklin of Fannin. Gardner, Green of Clay, Grindle,

Harrison of Quitman, Howard, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Key, Lumsden. Mathews, Mills,

Moye, McLane, Newton, Peeples, Perry, Ray, Reid, Rich, Stevens. Stewart of Marion, Vining.

Mr. ~Williams, of Upson, of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct.
The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit: Messrs. Rich, Franklin of Fannin, Bray, DuBose, Gardner, Buchan, Green of Clay, Key, Felton of Macon and Preston.

The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to; upon the passage of the bill the previous question was called, which call was sustained and the main question ordered.
The yeas and nays were called for which call was sustained.

Upon the call of the roll of the House, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Arnheim, Berner, Blalock, Branch, Brown of Cherokee, Coggins,

Henderson, Holland, Hughes, Huff, .Johnson of Screven, Jones,

Pittman, Rawls, Reynolds, Hussell of Chatham, Schofield, Smith of Gwinnett.

MoNDAY, OCToBER 10, 1887.

1079

Vomer, Denney, Evans, Fordham, Gibson, Glenn, Ham, Harrell of Decatur, Harrison of Franklin, Harper, Henry,

Kimbrough, Lamar, Lanier, Little of Talbot, Mixon, J\fcGhee, McGarrity, McCleskey, Page, Pickett,

Strickland, Taylor, Terrell, Way, Wha.ley, West, Williams of ,Jackson, Williams of Upson. Wilcox, Worsham.

Those voting in the negative were Messrs.-

Ashley, Bailey, Brady, Brewster, Calvin, Cameron, Candler, Cook, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Foute, Gamble, Griffith, Hagan,

Hale. Hand, Harrell of Webster, Hawkins, Hayes, Hill uf Meriwether, Holleman, Humphries of Brooks, .Johnson of DeKalb, Johnson of Echols, Kennedy, Madden, Monroe, McLendon, McKibben, McMichael,

Nichols, Norris, Olive, Perkins, Rountree, Shewmake, Simmons. Sin1s, Stewart of Mitchel Stewart of Rockdale, Stovall, The mas, Watts, Wheeler, Williams of Harris. Wilson.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Atkinson, Belt. Birchmore, Black, Bray, Brown of Henry, Buchan, Chappell, Clay ofCobb, Clay of Walton, Coney, Crawford, Darden, Dodgen,

Greene of Madison, Gresham, Grindle, Harrison of Quitman. Harris of Catoosa, Harris of Columbia, Harvey, Hill of Wilkes, Howard, Howell, Humphries of Clinch, Hunt, Hutehison, Iler, Kenan, Key,

Peeples, Perry, Preston. Ray, Reid, Reilley, Rich, Russell of Clarke, Russell of Polk, Smith of Crawford, Smith of Glynn, Smith of Jefferson, Stevens, Stewart of Marion Tate, Vaughn,

1080

JoUllNAL OF THE Houm.

DuBose, Duggan, Felton of Macon, Featherston, Fortner, Franklin of Fannin, Franklin of Thomas, Garqner, G_ordon, Greeri of Clay,

Lumsden, Mathews, Mauney, Mills, Morgan, Moye, McCord, McLane, Newton, Parker,

Veazey, Vickers, Vining, Walker of ~'loyd, Walker of Putnam, Watson, Wei!, Whelchel, Mr. Speaker.

Yeas 49. Nays 48. Not voting 77.

Not receiving thP- requisite constitutional majority, the bill was lost, to-wit:
A bill to prescribe the gazette in which county officers shall advertise.
The following bill was read the third time; the report of the committee was agreed to ; upon the passage of the bill the yeas and nays were called for, which call was Rustained.
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Ashley, Bailey, Berner, Birchmore, Brady, Brown of Cherokee, Brewster, Calvin, Chappell, Coney, Evans. Fagan, Felton of Bibb, Fordham, Foute, Franklin of Thomas, Gresham, Griffith, Hand, Harrell of Decatur,

Hill of Meriwether, Hughes, Hutchison, Johnson of DeKalb, ,Johnson of Screven, Jones, Kimbrough, Lamar, Lanier, Madden, Mixon, Monroe, Morgan, McUord, McGarrity, McLendon, McKibben, McCleskey, McMichael, Norris,

Rountree Russell of Polk, Simmons, Sims, Stewart of Mitchell, Stewart of Rockdale, Stovall, Stricklar:d, Taylor, Terrell, Thomas, Vaughn, Vickers, Walker of Floyd, Walker of Putnam, Watson, Way, Wei!, Whaley, West,

MoNDAY, OcToBER 10, 1887..

1081

Harrell of Webster, Hawkins, Hayes, Henderson,

Olive, Pickett, Reilley,

Williams of Jackson, Williams of Upson, Worsham.

Those voting in the negative were Messrs~-

Candler, Coggins, Comer, Cook. Denny, Dodgen, Durrance, Felton of Bartow, Fortner, Glenn,

Hale, Ham, Harrison of F1anklin, Harper, Henry, Holleman. Johnson of Echols, Kennedy, Nichols, Rawls,

ReynoMs, Russell of Chatham. Schofield, Smith of Gwinneti, Smith ot Jefferson, Watts, Wheeler, Williams of Harris, Wilcox, Wilson.

Those not voting are Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Belt, Black, Blalock, Branch, Bray, Brown of Henry, Buchan, Cameron, Clay of Cobb, Clay of Walton, Crawford, Darden, DuBose, Duggan, Felton of Macon, Featherston, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon,

Green of Clay,

McLane,

Green of Madison, McGhee,

Grindle,

Newton,

Hagan,

Page,

Harrison of Quitman, Parker,

Harris of Catoosa,

Peeples,

Harris of Columbia, Perkins,

Harvey,

Perry,

Hill of Wilkes,

Pittman,

Holland,

Preotou,

Howard,

Ray,

Howell,

Reid,

Huff,

Rich,

Humphries of Brooks, Russell of Clarke.

Humphries of Clinch, Shewmake,

Hunt,

Smith of Crawford,

Iler,

Smith of Glynn,

Kenan,

Stevens,

Key,

Stewart of Marion,

Little of Talbot,

Tate.

Lumsden,

Veazey,

:Matthews,

Vining,

Mauney,

Whelchel,

Mills,

Mr. Speaker.

Moye,

Yeas 70. Nays 30. Not voting 74.

Not receiving the requisite constitutional majority, the bill was lost, to-wit :

1082

JoURNAL oF .rliE HousE.

A bill to prohibit the sale of seed cotton in the county of Butts from the 15th of August to the 15th ~~ December of each year, etc.
House resolution No. 170 was taken up for a third read~ ing ; as the same provided for an appropriation, the House, upon motion, resolved itselfinto a Committee of the Whole House, Mr. Berner in the chair.
Mr. Berner, chairman of the Committee of the Whole House, submitted the following report :

J!r. SpeakBr :
The Committee of the W~ole House have had under consideration Honse resolution No. 170, which they recommend me to report back, with the recomndation that the same do pass, as amended.
The resolution was read the third time; upon the passage of the resolution, the previous question was called, which call was sustained, and the main question ordered. The report of the committee was agreed to, which was favorable to the passage of the resolution, ao;; amended.
Upon the passage of the resolution, it was necessary that the vote should be taken by the yeas and nays, as the same provided for an appropriation.

Upon the call of the roll of the House, the following 1s the result of the vote:

Those voting in the affirmative were Messrs.-

Arnheim, Ashley, Atkinson, Bailey, Berner, Birchmore. Blalock, Brady, Branch, Brown of Cherokee, Brewster, Candler, Coggins,

Hand, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper. Hawkins, Hayes, Henry, Henderson, Hill of Meriwether. Holland, Howell, Hughes,

Page, Pickett, Pittman, Rawls, Reilley, Rountree, Rus8ell of Polk, Schofield, Simmons, Sims, Smith of Jefferson, Stewart of 1\Iitchell, Stewart of Rockdale,

MoNDAY, OCTOBER 10, lS87.

1083

Comer, Coney, Cook, Denney, Dodgen, Durrance, Fagan, Felton of Bartow, Featherston, Fortner, io1ute, Frankli'n of Thomas, Gamble, Gibson. Gresham, Griffith, Hale,

Huff, Hutchison, John~on of DeKalb, Johnson of Echols, Johnsor. of Screven, Jones, Kennedy, Lanier, Maddeu, Mixon. Monroe, Morgan, McGhee, McGarrity, McUleskey, Nichols. Ohvfl,

t'itov!!ll, Strickland, Taylor, Terrell, Thomas, Vickers, Walker of l<'loyd. Watts, Way, Whaley, Wheeler, Williams of Harris, Williams of Upson Wilcox. Wilson, Worsham.

Those voting in the negative were Messrs.-

Calvin, Chappell, Evans, Felton of Bibb, Forrlbam, Ham,

Lamar, Little of Talbot. McCord, McKibben, Perkins,

Reynolds, Russell of Chatham, Shewmake, Watson, West.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Belt, Black, Bray, Brown of Henry, Buchan, Cameron, Clay of Cobb, Clay of Walton, Crawford, Darden, DuBose, Duggan, Felton of Macon, Franklin of Fannin, Gardner, Gordon, Glenn,
Green of Clay,

Harrison of Quitman, Norris,

Harris of Catoosa,

Parker,

Harris ot Columbia, Peeples,

Harvey,

Perry,

Hill of Wilkes,

Preston,

Holleman,

Ray,

Howard,

Reid.

Humphries of Brooks, Rich,

Hun.phries of Clinch, H.ussell of Clarke,

Hunt,

Smith of Crawford,

Iler,

Smith of Glynn,

Kenan,

Smith of Gwinnett,

Key,

Stevens,

Kimbrough,

Stewart of Marion,

Lumsden,

Tate,

Mathews,

Vaughn,

Mauney,

Veazey,

11illo,

V ming,

Moye,

Walker of Putnam.

McLane,

Wei!,

1084

Greene of Madison, Grindle, Hagan,

McLendon, McMichael, Newton,

. Whelchel, . Williams of Jackaon,
Mr. Speaker.

Yeas 89. Nays 16. Not voting 69.

Having received the requisite com;titutional majority, the resolution passed, to-wit:

A resolution authorizing and directing the Governor and Treasurer of the State to sell certain property belonging to the State, located at Milledgeville.
Upon motion, it was ordered that the resolution be transmitted to the Senate.

Mr. Chappell offered the following resolution, which was read and adopted, to-wit :

Resolved, That the House of Representatives welcome to the State of Georgia the distinguished American statesman, the. Honorable Samuel J. Randall, of Pennsylvania, and that he be invited to the privileges of the floor of the House during his stay in the city.
Resolved further, That a committee of three be appointed to convey this invitation.
Resolved, further, That upon the introduction of Mr. Randall to the House, the House take a recess of fifteen minutes for the purpose of accordin'g him a reception.
The tolluwing resolution was read the third time, !tnd, upon motion, was recommitted to the Committee oil the Lunatic Asylum, to-wit:
A resolution to discharge from the lunatic asylum Bunk Gunn, of Houston county.

The Speaker announced the following members as a
committee to extend the invitation to Hon. Sawuel' J.
Randall the privileges of the floor of the House; etc.: Messrs. Chappell, Fdton of Bartow, and Stewart of Rock-
dale. The following mes~age was received from his Excellency.
the Governor, through Mr. W. H. Harrison, Clerk of the
Executive Department:

. ~ONDAY;, Oq:roBRR'lO, 1887.
...

1085

Mr. Speaker:

The Governor has approved the following acts, to-wit: . An act to incorporate The Georgia Fire insurance Com-

pany of LaGrange.

.

Also, an act to allow the sale of property taken in trover,

where neither plaintiff nor defendant replevies, in the same

manner as is now permitted in case:, of levy under attach-

ment.. Also, an act to amend section 4601 (a) of the Code which.
confers jurisdiction on the Superior Court ot the county of the residence ot the offender, under section 4600 of the Code of 1885, to try th~ offender.
Also, an act to provide for the registration of all voters
in the county of Ware. Also, an act ~o repeal an act entitled an act to establish a
Board of Commissioners for Paulding cvunty, approved September 8, 1883.
Also, an act to authorize the Trustees for the Congregation Bernai Israel of Columbus, Georgia, to sell and by proper deeds to convey to purchasers title to certain lands held by them for church purposes in Columbus, Georgia.
Also, an act to require defendants in any case to withdraw affidavits of forgery made to plaintiffs' deeds in all cases where it shall appear that said deed or deeds has been lost or destroyed in the possession of the defendant or his counsel.
Also, an act to amend the charter of the town of vVarrenton.

Also, an act to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots .of land held by them for church purposes; to direct the disposition of th.e proceeds, and for other purposes.
Also, an act to make it unlawfiJl for any person to shoot, sn.are, trap or in any manner kill any buck, doe or f3:wn, Wild turkey, or partridge, running at large in the countv of Jasper, between the 15th of March and the 15th of 0~ tober of each year, etc.

1086

.JouRNAL oF THE HousE.

Also, an act to amend an act entitled an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pick7 ens, to be made fourteen teet side digging.
Also, an act to incorporate the Bank of Sandersville. Also, an act to amend an act entitled an act to amend an act, approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county, etc. Also, an act for the protection of fish in the Hiawassee river, in Towns county, above the mouth of Little Choestoe, etc.
The Governor has also approve~) the following resolutions:
A resolution f<H the payment of mileage for the adjourned Hession of 1887.
Also, a resolution appropriating one hundred and twentyfive dollars for the hire of clerks em~loyed by the Joint Committee to investigate the affairs of the Western and Atlantic Railroad.
The following message was received from the Senate,
through Mr. ,V. A. Harris, the Secretary thereof:

Mr. Spenke1:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said Institute, and to invest the proceeds of said sale; passed by the requisite constitutional majority ; yeas 23, nayR 0.
Also, a bill to require the full opinion of the Supreme Court to be transmitted to the lower Court in certain cases; passed by the requisite constitutional majority; yeas_ 23, nays 0.
Also, a bill to more clearly define the offense of arson in this State; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to provide for establishing the line between

MoNDAY, OcTOBER 10, 1887.

10H7

Georgia and Tennessee; passed by the requisite constitutional majoritx; yeas 23, nays 0.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitu tiona! majority, to-wit:
A bill to amend an act, approved October 28, 1870, entitled an act to incorporate the town of Cairo, in Thomas county, and for other purposes; passed hy the requisite constitutional majority; yeas 23 nays 0.
Also, a bill to incorporate the Title, Guaranty and Loan Company of Savannah; pas::>ed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill t" amend an act to levy and collect a tax for the support of the State Government and public institutions; to pay the interest on the public debt, and for educational and other purposes therein mentioned, for each of the fiscal years 1887 and 1888, and to prescribe what persons, professions and property are liable to taxation ; to prescribe the mPthod for collecting said taxes, and for other purposes, approved December 22, 1886, so as to change the rates and manner of taxing sewing machine companies, and others selling or dealing in sewing machines, and for other purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to amend an act entitled an act to incorporate the town of Montezuma, in the county of Macon, and to provide for an election of Mayor and Aldermen for the same, approved October 12, 1870, and for oth(t purposes; passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate has also concurred in the following resolution of the House, to-wit:
A resolution authorizing the joint committee appointed
ttl investigate certain matters appertaining to the 'Vestern
and Atlantic Railroad property to employ clericl\1 force sufficient to copy evidence from records, abstract titles, take down evidence, etc.

1088

JouRNAL OF THE HousE.

The Senate has indefinitely postponed the following reso-

lution of the House, to-wit :



A resolution providing for a joint committee to visit the North Georgia Agricultural College, and to report what amount is necessary to repair the buildings and what amount is necessary to complete the same.
The Senate has also passed the following bill of the Senate by the requisite constitutional majority, yeas ~3, nays 0, to-wit:

A bill to incorporate the Georgia, Title Insurance, Trust and Guaranty Company, and to define its powers.

House resolution, No. 221, was taken up for consideration ; as the same provided for an appropriation, the House resolved itself into a Committee of the Whole House, Mr. Glenn in the chair.

Mr. Glenn, chairman of the Committee of the Whole House submitted the following report:

Mr. Speaker:
The Committee of the 'Vhole House have had under consideration House resolution No. 221, which they instruct me to report back, with the recommendation that the same do pass ::JS amended.
The following resolution was read the third time; the report of the committee was agreed to, and, upon motion, the resolution was recommitted to Committee on Finance, to-wit:
A resolution appropriating the sum of $400 for the purpose of decorating the Capitol and Executive Mansion, etc.
House bill K o. 258 was taken up, and upon motion, was recommitted to Committee on General Judiciary.
Mr. Calvin offered the following resolution, which was read and refened to the Committee on Rules, to-wit:
A resolution to preserve order in the House pending the reading of bills a third time.

MoNDAY, OcToBER 10, 1887.

1089

The following bill was taken up for a third reading, and
upon motion, was tabled, to-wit:

A bill to provide a uniform mode .of procedure in civil suits, except as herein provided.

The following bill was read the third time ; the report of of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 88, nays 0, to-wit :

A bill to incorporate the Southern Phrenix Insurance

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 majority; yeas 91, nays 0, to-wit :

A bill incorporating the Central City Street Railroad Company.

The following bill was read the third time ; the report of

the committee was agreed to ; the proper legal proofs were

submitted and the bill passed, as amended, by the requisite

constitutional majority, yeas 95, nays 0, to-wit:

'

A bill to repeal an act entitled an act to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thereof, so far as the same apply to the county of Coweta, and to abolish the County Court of Coweta county, and to dispose of the business therein.

House bill No. 642 was taken up for a third reading, and, upon motion of Mr. Huff, the bill was tabled.

Mr. Speaker:
The Committee on Finance have had under consideratio~ the following resolution, which they have instructed 111e to repo:l't back, with the recommendation that it do pass, as amended :
A joint resolution appropriating four hundred dollars or 80 much thereof as may be necessary to decorate the Capi-
69

1090

JouRNAL m THE HousE.

to] and Executive Mansion in honor of the President of the United States.
Respectfully submitted. WM. W. GoRDON, Chairman.
The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to; the proper legal proofs were exhibited, and the bill passed by substitute by the requisite constitutional majority, yeas 96, nays 0, to-wit:
A bill to require and provide for the registration of the legal voters of Thomas county, etc.
The following bill was read the third time; the report of the committee was agreed to, the proper legal proofs were e:llhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to incorporate the Savannah, Vernon and Rosedew Railroad Company, etc.
The following bill was read the third time; the report of of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to incorporate the Long Shoals and Rockland Railroad Company, etc.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite conf'titutional majority; yeas 91, nays 0, to-wit:
A bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, approved February 20, 1873, so far as the same relates to Thomas county, etc.
Mr. Schofield moved that the House adjourn, to meet to-morrow morning at 8 o'clock.
Upon the motion to adjourn, the yeas and nays were called for, which call was sustained.

MoNDAY, OcTOBER 10, 1887.

1091

Upon the call of the rdl the following is the result of the vote:
Those voting in the affirmative were Messrs.-

Arnheim, .lshley, Brown of Cherokee, Brewster, Comer, Cook, Dodgen, Fagan, Featherston, Franklin of Thomas, Gamble, Gibson, Greene of Madison, Gresham, Harrison of Franklin, Harper,

Hawkins, Holland, Holleman. Huff, Humphries of Brooks, Johnson of Echols, .Jones, Kenan, Kennedy, Kimbrough, Little of Talbot, Monroe, Morgan, Page, Perkins, Pickett,

Rawls, Reynolds, Schofield, Shewmake, Sims, Smith of Crawford, Smith of Gwinnett, Stewart of Mitchell, Strickland, Vaughn, Watson, Way, West, Williams of Jackson,. Williams of Upson, Wilson.

Those voting in the negative were Messrs.-

.ltkinson, Bailey, Berner, Birch more, Blalock, Branch, Brown of Henry, Jalvin. Cameron, Chappell, Coggins, Coney, Denney, Durrance, Evans,
Felton of Bartow, Felton of Bibb, Fortner, Fordham,

Foute, Gordon, Glenn, Griffith, Hale, Ham, Hand, Harrell of Webster, Hayes, Henry, Henderson, Hughes, Hill of Meriwether, Johnson of DeKalb, Lamar, Madden, Mixon, McCord, McGarrity,

McKibben, McCleskey, Nichols, Olive, Parker, Russell of Polk, Simmons, Smith of Jefferson Stewart of Rockdale, Stovall, Taylor, Terrell, Thomas, Vickers, Walker of Floyd, Watts, Wheeler, Wilcox, Worsham.

Those not voting were Messrs.-

Adams of Elbert,

Adams of Greene

Belt,

'

Black,

Harris of Columbia, Harvey, Hill of Wilkes, Howard,

Peeples, Perry, Pittman, Preston,

1092

JouRNAL OF THE HousE.

Brady, Bray, Buchan, Candler, Clay of Cobb, Chty Qf Walton, Crawford, Dar-dt>n. Dun .., ...
Dug_~.::a 11.
Felton uf :'ILteJn, Franklin of Fa~nin, Gardner, Green of Clay, Grindle, llttgan, Harrell of Decatur, Harrison of Quitman, Harris of Catoosa,

Howell. Humphries of Clinch, Hunt, Hutchison, Iler, .Johnson of Screven, Key, Lanier, Lumsden, Mathews, Mauney, Mills, Moye, McLane, McGhee, McLendon, McMichael, Newton, Norris,

Ray, Reid, Reilley, Rich, Rountree, Russell of Chatham, Russell of Clarke, Smith of Hlynn, Stevens, Stewart of MariO'!\, Tate, Veazey, Vining, Walker uf Putnam, Wei I, Whaley, Whelchel, Williams of Harris, Mr. Speaker.

Yeas, 48. Nays, 57. Not voting, 69.

So the motion to adjourn was lost.

Mr. Ham moved that the House do now adjourn. Upon this motion the yeas and nays were called for, which call was withdrawn, and the motion prevailed, and the House adjourned until 7:30 p. m.

7:30 O'CLOCK P.M.
The House met pursuant to adjournment, and was called, to order by the Speaker.
The roll was called and a quorum was found to be present..
Leave of absence was granted to the following member81 to-wit : Pickett, Brady, Walker of Putnam.
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 O, to-wit.:
A bill to incorporate the Columbus and Gulf Navigation. Company, to confer certain powers and privileges in said Company, etc.

MoNDAY, OcToBER 10, 1887.

109a

The fol1owing bill wa,s read the third time ; the report of the commitfee was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 1, to-wit:
A bill' to prevent. the huntihg, killing and taking of deer and wild t'nrkeys in the county of White during certain seasons, and providing penalties for the violation thereof.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, ancl the bill passed by th~ requisite constitutional majority, yeas 92, nays 2, to-wit:
A bill to incorporate the town of Cornelia, in the county of Habersham, etc.
The fo~lowing bill was 1ead the third time; the report of the committee was agreed to ; the proper legal proofs exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 88, nays 1, to-wit:
A bill to prevent the running at large of hor.-es, mules, cattle, sheep, goats and swine, in Crawford county, north of the old wire road, running from Macon through Knoxville to Columbus, etc.
The fol1owing bill v. as read the third time , the report .of the committee was agreed to; the proper ~ega! proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to provide for the registration of voters of Macon county, etc.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passeil, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit :
A bill to provide that the liens set forth in the Code of 1882 of Georgia, or which may be hereafter declared in favor of mechanics, laborers or material men shall be good as between t.he parties for the space of one hundred and

1094

JouRNAL OF THE HousE.

twenty days after the 3ompletion of the work or from the date of furnishing material without record of lien, and fo~ 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 95, nays 0, to-wit:
A bill to incorporate the Blue Ridge Railroad Company, and to define its powers and privileges, etc.
The following bill w~s read the third time; the report of the committee was agreed to, as amended; the proper legai proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority; yeas 89, nays 0, to-wit:
A bill to require and provide for the registration of voters of the county of Burke, State of Georgia, in all Federal, State, County and Municipal, and other elections, held therein, etc.
The following bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite con:;titutional majority, yeas 90, nays 0, to-wit:
A bill to authorize and empower the Commissioners of Chatham county, and ex-officio Judges, to sell the site of the present court house of Chatham county, and to use the proceeds of such sale in building a more commodious court house.
The following bill was read the third time; the report of the committee was agreed to, as hmended, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 2, to-wit:
A bill to incorporate the Newton, Morgan and Lumpkin Railroad Company; to define its powers and privileges, etc.
The following bill was read the third time; the report of the committee was agreed to ; the p1oper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit:

TuESDAY, OCTOBER 11, 18~7.

1095

A bill to incorporate the town of Sugar Valley, in the county of Gordon, etc.
The following bill was read the third time; the report of tbe committee, which was favorable to the passage of the bill by substitute, was agreed to, and the bill passed by substitute, by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to amend an act entitled an act to establish a City Court in the county of Bartow, etc., approved October 10, 1885, so as to prohibit the bringing of suits in said City Court which fall within the jurisdiction of Justices Courts.
The following bill was read the third time; the report of the committeP. was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to provide for the registration of the qualified . voters of Worth county, and for other purposes.
The House then adjourned until to-morrow morning at 8 o'clock.

ATLA.8TA, GEORGIA,
Tuesday, October 11, 1887.

The House met pursuant to adjournment; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names:

Those present were Messrs.-

Adam of Elbert, Arnbeim, Ashley, Atkinson, Bailey, Belt, Berner,

Hagan, Hale, Hand, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman,

Olive, Page. Parker, Perkins, Perry, Pickett, Pittman,

1096

JOUI,UUL O.Jf THE HoUSE.

Birch more, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Uandler, Chappell, ()Jay of Cobb, ()Jay of Walton, Coggins, Comer, Coney, Cook, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Griffith, Grindle,

Harper, Harris of Catoosa, Harvey, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howard, Howell, Hughes,
Huft~
Humphries of Brooks, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Jones, Kenan, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews Mauney, Mills, Mixon, Monroe, Morgan, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, Nichols, Norris,

Preston, Rawls, Reillev, Reynolds, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Glynn, Smith of Gwinnett, Smith of ,Jefferson,
Steven~,
Stewart of MiLchell, Stewart of Rockdale, Stovall, Strickland, Tate, Taylor, Terrell. Thoma<, Vaughn. Vea7.e\, Vickers, Walker of Floyd. Watts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham, Mr. SpeakE>r.

TUESDAY, OcToBER 11, 1887.

1097

Those absent were Messrs.-

Adams ef Greene, Bray,
Crawford, Franklin of Fannin, Ham. Harris of Columbia, Humphries of Clinch,

Hunt, Johnson of Screven,
Key, Moye, McMichael, .~..; ew,on. Peeples,

Ray, Reid, Smith of Crawford, Stewart of Marion, Vining, Walker of Putnam.

Mr. Gibson, chairman of the Committee on Journals, reported that the Journal had been examined and found correct.
The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit: Johnson of Screven, Adams of Greene, Taylor, Clay of Walton, Ham, and Walker of Floyd.

By unanimous consent, the following bill was introduced, read the first time and referr~d to the Committee on Railroads, to-wit :

By Mr. Harris, of Catoosa-

A bill to incorporate the Catoosa Springs Company, with power to construct a railroad.

The hour for the special order having arrived, upon motion ot Mr. Berner, House resolution No. 164 was taken up.

The following resolution was then read the third time; the report of the committee was agreed to; upon the amendments proposed and the passage of the resolution, the previous question was called, which call was sustained and the main question ordered; upon agreeing to the amendments proposed by Mr. McCord, the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote:

Those who voted in the affirmative were Messrs.-

Adams of Elbert, Ashley, Atkinson,

Harrell of Decatur, Perkins, Harrell of Webster, Perry, Harrison of Franklin, Preston,

1098

JouRNAL OJ<' THE HousE.

Bailey, Bernor, Black, Blalock, Brady, Branch, Brown of Henry, Brewster. Buchan, Calvin. Cameron. Candler, Chappell, Coggins, Comer. Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bibb, Felton of Macon. Featherston, Fortner, Fordham, Gamble, Gardner, Gibson, Gordon, Griffith, Grindle, Hagan, Hale, Hand,

Harrison of Quitman, Harper, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Hughes, Huff, Humphries of Brooks, Hutchison, Johnson of Echols, Kenan, Kennedy, Lamar, Lanier, Little of Talbot, Madden, Mathews, Mauney, Mixon. McCord, McLane, :\IcGhee. McGarrity, McLendon, McKibben, Nichols. Norris, Olive. Page. Parker

Rawls, Reilley, Reynolds, Rountree, Russell of Polk, Schofield, Shewmake, Simmons, S1ms, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stovall, Strickland, Tate, Terrell, Thomas, Vaughn, Vickers, Walker of Floyd, 'Vatts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Wilson, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Birch more, Clay of Cobb, Clay of Walton,

Felton of Bartow, Fonte, Glenn, Howell,

.Jones, Kimbrough, McCleskey, Veazey.

Cook,

Those not voting were Messrs.-

Adams of Greene, Belt, Bray, Brown of Cherokee,

Harvey, Howard, Humphries of Clinch, Hunt,

Pickett, Pittman, Ray, Reid,

TuESDAY, OCTOBER 11, 1887.

1099

Coney. Crawford, Darden, DuBose, Franklin of Fannin, Franklin of Thomas, Green of Clay, Greene of Madison, Gresham, Ham, Harris of Catoosa, Harris of Columbia,

Iler, Johnson of DeKalb, Johnson of Screven, Key, Lumsden, Mills, Monroe, Morgan,
Moy~>,
McMichael, Newton, Peeples,

Rich, Russell of Chatham, Russell of Clarke, Smith of Crawford, Smith of Glynn, Stewart of Mitchell, Stewart of Marion, Taylor, Vining, Walker of Putnam, :VIr. Speaker.

Yeas 114. Nays 13. Not voting 47.

So the amendment was adopted, to-wit:

Resolvedfurther, By the General Assembly, that in the event said lessees should fail to give other security as hereinbefore required and provided, and the State should resume the control and possession of its railroads; the Governor is hereby authorized and fully empowered to operate and run said Western and Atlantic Railroad for the best interest o(the State until the next General Assembly shall convene.

The report of the committee was agreed to, as amended.

Upon the passage of the resolution the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Berner, Birch more, Black, Blalock, Brady, Branch, Brown of Henry, Brewster,

Grindle, Hagan, Hale, Hand, Harrell of, Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harvey, Hawkins, Hayes, Henry,

Page, Parker, Perkins, Perry, Pickett, Pittman, Preston, Rawls, Reilley. Rountree, Russell of Polk, Schofield,

1100

JouRNAL OF THE HousE.

Buch11n, Calvin', Cameron, Candler, ChHppell, Clay of Cobb, Clay of Walton,
c.ggins,
Comer, Coney. Cvok, Denney,
Dod~en,
Duggan, Durrance, Eva11s, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, . Fortner, Fordham, Foute, Gamble, Gardner. Gibson, Gordon, Greene of Madison,

Henderson,

Simmons,

Hill of Meriwether, Sims,

Hill of Wilkes, Holland, Holleman,

Smith of Cr11wford, Smith of Gwinnett, Stevens,

Hughes, Huff,

Stewart of Rockdale, Stovall,

Humphries of Brooks, Strickland,

Hutchison,

Tate,

Johnson of Echols, Terrell,

Jones,

Thomas,

Kennedy.

Vaughn,

Kimbrough,

Vickers,

Lamar,

Walker of Floyd;

Lanier,

Watts,

Little of Talbot,

Watson.

,\ladden,

Way,

Mathews,

Wei!,

Mauney,

Whaley,

Mixon,

West,

McCord,

Wheeler,

McLane,

Whelchel,

McGhee,

Williams of Harris,

McGarrity,

Williams of Jackson,

McKibben,

Williams of Upson,

McUieskey,

Wilcox,

Nichols,

Wilson,

Norris,

Worsham.

Olive,

Those voting in the negative were Messrs.-

Arnheim,

Howell,

Glenn,

McLendon,

Harrison of Quitman, Shewmake,

Smith of Jefferson, Veazey.

Those not voting were Messrs.-

Adams of Greene, Belt. Bray, Brown of Cherokee, Crawford, Darden, DuBose, Franklin of Fannin, Franklin of Thomas, Greene of Clay, Gresham,

Howard, Humphries of Cline::. Hunt, Iler, Johnson of DeKalb, ,Johnson of Screven, Kenan, Key, Lumsde!l, Mills, Monroe,

Peeples, Ray, Reid, Reynolds, Rich, Russell of Chatham, Russell of Clarke, Smith of Glynn, Stewart of Mitcl\&ll, Stewart of Marion,
T>~ylor,

TuESDAY, OcTOBER 11, 1887.

1101

Griffith, :Ram, Jlarri! of Catoosa, :Harris of Columbia,

Morgan, Moye, McMichael, Newton,

Vining, Walker of Putnam, Mr. Speaker.

Yeas 122. Nays 8. Not voting 44.

Having received the requisite constitutional majority the

reso~ution passed, as amended, to-wit:



A resolution to require security on the bond of the lessees of the Western and Atlantic Railroad, etc. Upon motion, the resolution was ordered to be immediately transmitted to the Senate.

House resolution, No. 217, which was a special order of the day was taken up and the Bame read the third time; as the resolution contained an appropriation the House resolved itself into a Committee of the Whole House, Mr. Evans in the f;hair.
Mr. Evans, chairman of the Committee of the Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole House have had under consideration House resolution No. 217, which they instruct me to report progress and ask leave to sit again.
Upon motion, three hundred copies each of House resolution No. 217 and House bill No. 834 were ordered printed for the use of the House.
Upon motion of Mr. Glynn, House resolution No. 217 and House bill No. 834 were made the special continuing order for the morning session until disposed of, beginning with to-morrow morning, the 12th inst., immediately after the reading of the Journal.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:

1102

JouRNAL OF THE HousE.

A bill to authorize and require the registration of all voters in the county of Meriwether; passed by the requisite constitutional majority ; yeas 23, nays 0.
Also, a bill to require the owners of horses, .mules, hogs, cows, sheep, goats and cattle and stock of all kinds, to prevent the same from running at large upon the lands of an other in the 672nd (Hamilton) 782nd (Milners) 1186 (Upper 19) 696th (Catauba) and 717th (Blue Springs) militia districts in Harris county; to define the liabilities of the owners of such cattle or stock so running at large and the rights of persons damaged thereby; passed, by the requisite constitutional majority ; yeas 23, nays 0.
The Senate has also passed the following bill of the Senate by the requisite constitutional majority, yeas 25, nays 0, to-wit :
!\. bill for the protection of the oyster and clam fisheries in the waters of the State of Georgia; to prohibit the catching or taking of oysters at certain seasons; to provide a a method of arrest and punishment for violating the same, and for other purposes.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

llfr. Speake1:
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to require the full opinion of the Supreme Court to be transmitted to the lower court in certain ca!>e'>.
Also, an act to more clearly define the offense of arson in this State.
Also, an act to strike out, alter and amend so much of section 12 of the charter of the town of Harmony Grove, as prescribes the mode and manner of levying roxes, etc.
Also an act to authorize the commitment of juvenile
offende'rs and others to the House of Refuge for the refor-
mation of juvenile offenders in Fulton county.

TtrESDA y' OCTOBER 11' 1887.

1103

Also, an act to amend an act en.titled an act, to incorporate the town of Belton, in the counties of Hall and Banks,
and for other purposes. Also, an act to authorize and require the registration of
all voters in the county of Clay, in this State. Also, an act to incorporate the Marietta Bank, and for
other purposes. Also, an act to incorporate the town of Ocean City, on
Tybee Island, in Chatham county, etc. Also, an act to incorporate the Ore Belt Railroad Com-
pany. Also, an act to provide for establishing the line between
Georgia and Tennessee. Also, an act to incorporate the town of Tarver, in the
~ounty of Echols. Also, an act to authorize the Trustees of the Elberton
Female Collegiate Institute to sell the property of sai'd Institute, to invest the proceeds, etc.
Also, an act to extend the corporate limits of the town of Sparta, in the county of Hancock, etc.
Also, an act to amend the charter of the town of Waycross, in the county of Ware, so as to provide for the registration of the voters of said town.
Also, an act to authorize the Mayor and Council of the city of Dalton to operate and manage water works in said eity.
Also, an act to amend the existing charter of the town of A.dairsvi!lf:, in Bartow county.
Also, an act to appropriate the proceeds of the hire of misdemeanor convicts in the counties, composing the Northern Judicial Circuit to the payment of the costs accruing to the officers of court, in which the conviction was had and for distribution on the insolvent costs.
Also, an act to amend au act entitled an act to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State.
Also, a resolution for the relief of J. F. Farmer, 'tax Collector of Jefferson county.

1104

JouRNAL oF THE HousE.

Also, a resolution for the relief of of the National Life and Maturity Association of Washington, D. C.
Also, a resolution authorizing Joint Committee appointeti to investigate certain matters appertaining to western and Atlantic Railroad property, to employ clerical force sufti- cient to copy evidence from records, abstract titles, take down evidence, etc.
Respectfully submitted. IvY W. DuGGAN, Uhairman.
Mr. Duggan. chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker :

The Committee on Enrollment reports as duly enrolled,

signed by the Speaker of the House and President of the

Se_nate, and delivered to his Excellency, the Governor, the

following acts, to-wit:

An act to appropriate the sum of thirty-five hundred dol-

lars for the repairs of the old capitol building at Milledge-

ville.



Also, an act to amend an act entitled an act for the pro-

tection of deer and other game in the counties of Chatham

and Bryan. Also, an act to repeal section 4698 of the Code of 1882,

and to substitute in lieu thereof another section.

Also, an act to amend the charter of the city of Griffin.

Also, an act to amend an act to incorporate the Commercial Bank of Albany, appro~ed December 11, 1871.

Also, an act to ratify, and confirm, and amend the charter

of the town ofChokee, Lee county.

Also, an act to appropriate the sum of thirty-five huQ-

dred dollars, to complete and furnish the buildings of the

branch college at Thomasville.

Also, an act to provide for the appointment of a special

Board of Visitors to the University of Georgia.

Also, an act to appropriate five thousand dollars for the

purpose of of repairing the buildings of the University of

the State of Georgia.

TUESDAY, OCTOBER 11, 1887.

1105

Also, an act to amend an act approved March :3, 1874,

incorporating the town of Thomasville, etc.

Also, an act to prescribe the the time within which tax

fi. Jas. may be inforced.

coAu.nlstoit's

an of

act this

to authorize the State to issue fl.

Ordinaries of the several jas. for their fees and costs,

etc. Also, an act to amend the charter of the town of Amer-

icus, Georgia, and for other purposes.

Also, an act to amend section -!600 of the Code of 1882.

Also, an act to incorporate the Marietta Insurance Com-

pany. Also, an act to appropriate five thousand dollars to com-

plete and furnish the building of the bmnch college at

Dahlonega. Also, an act to provide for the registration of the qualified

voters of the county of Irwin. Also, an .act to authorize the Trustees of the Elbert

County Male Academy to sell the property belonging to

said academy; to invest the proceeds of said sale, etc.

Also, a resolution for the relief of James H. Tootle, of

the county of Montgomery.

Also, a resolution to relieve C. C. Thorp and J. W.

Knight, of Johnson county, from further term of a criminal

bond.



Also, a resolution for the relief of John B. Paulk, of the

county of Irwin.

Also, a resolution for the relief of R. M. Tyson, former

Tax Collector of Glynn county.

Respectfully submitted.

IvY W. DuGGAN, Chairman.

By uauanimous consent, the following bill was taken up for the purpose of con'sidering the Senate amendments thereto, to-wit:

A bill to amend an act to levy and collect a tax for the support of the State Government, etc., for the years 1887 and 1888, approved December 22, 1886, so as to change
70

1106

JouRNAL oF THE HousE.

the ra s and manner of ta~ing sewing machine companies and others selling or dealing in sewing machines, etc.
Upon motion of Mr. Gordon, the House disagreed to the amendments proposed by the Senate.

The following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit:

A bill to incorporate the Title Guarantee and Loan Company of Savannah, etc.
Also, a bill to make it unlawful to prevent or attempt to prevent any person or persons from engaging in, remaining in or performing the business, labor or duties of any lawful employment or occupation, etc.
Upon motion, House resolution No. 218 was withdrawn.
Mr. Schofield moved to take from the table House bill No. 642.
Upon this motion no quorum voted.
The Speaker caused the roll to be called, to ascertain if a quorum was present.

Those present were Messrs.-

Arnheim, Ashley, Atkinson, Bailey, Berner, Black, Blalock, Brady, Branch, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Candler, Chappell, Clay of Cobb, Clay of Walton, Comer, Coney, Denney,

Hale, Hand, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harper, Harris of Catoosa, Hawkins, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Howard, Howell, Hughes, Huff, Hutchison, Johnson of DeKalb, Johnson of Echols, Jones,

Page, Parker, Perkins, Perry, Pittman, Preston, Rawls, Reilley, Reynolds, Rountree, Russell of Chatham, Russell of Polk,
Schofield, Shewmake, Simmons, Sims, Smith of Jefferson, Stewart of Rockdale, Stovall, Strickland, Tate,

TuESDAY, OcTOBER 11, 1887.

1107

Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Gardner, Gibson, Gordon, Greene of Madison, Griffith, Grindle, Hagan,

Kenan, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Madden, Mauney, Mixon, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, McCleskey, Nichols, Norris, Olive,

Terrell, Thomas, Vaughn, Veazey, Vickers, Watts, Watson, Way, Wei!, West, Wheeler, Whelchel, Williams of Harris, Williams ot Upson, Wilcox, Wilson, Worsham Mr. Speaker.

Those absent were Messrs.-

Adams of Greene,

Harris of Columbia, Peeples,

Adams of Elbert,

Harvey,

Pickett,

Belt,

Hayes,

Ray,

Birchmore,

Holleman,

Reid,

Bray,

Humphries of Brooks, Rich,

Cameron,

Humphries of Clinch, Russell of Clarke,

Coggins,

Hunt,

Smith of Crawford,

Cooli:,

Iler,

Smith of Glynn,

Crawford,

Johnson of Screven, Smith of Gwinnett,

Darden,

Key,

Stevens,

DuBose,

Lumsden,

Stewart of Mitchell,

Franklin of Fannin, Mathews,

Stewart of Marion,

Franklin of Thomas, Mills,

Taylor,

Gamble,

Monroe,

Vining.

Glenn,

Morgan,

Walker of Floyd,

Green of Clay,

Moye,

Walker of Putnam,

Gresham,

McMichael,

Whaley,

Ham,

Newton,

Williams of Jackson,

Harrison of Quitman,

And a quorum was found to be present. Upon the motion to take from the table, Mr. Schofield <llllled for the yeas and nays, which call was sustained.

Upon the call of the roll of the House, the following 1s the result of the vote :

1108

JouRNAJ, oF THE HousE.

Those voting in the affirmative were Messrs.-

Arnheim, Ashley, Atkinson, Bailey, Berner, Black, Blalock, Branch, Brown of Henry, Buchan, Galvin, ()andler, Chappell, Clay of Gobb, Comer, Coney, Denney, Dodgen, Duggan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Ji'oute, Gardner, Gibson. Gordon, Greene of Madison,

Griffith, Grindle, Hagan, Hale, Harrison of Franklin, Harrison of Quitman, Harris of Catoosa, Hayes, Henry, Henderson, Hill of :Meriwether, Holland, Howell, Hughes, Huff, Hutchison, Jones, Kenan, Kennedy, Lamar, Little of Talbot. Madden, Mathews, Mauney, Mixon, McCord, McLane, McGhee, McGarrity, McLendon,

McKibben, McGleskey, Nichols, Olivo, Page, Parker, Perkins, Perry, Preston, Rawls,
Reynold~,
Rountree, Russell of Chatham, Schofield, Shewmake, Sims, Smith of Jefferson, Stewart of Rockdale, :;tovall, Strickland, Tate, Terrell, Vaughn, Vickers, Watts, Watson, Way, Wheeler, Williams of Upson_ Wilson,

Those voting in the negative were Messrs.-

Brady, Brown of Cherokee, Brewster, Clay of Walton, Durrance, Evans, Fagan, Hill of Wilkes,

Holleman, Johnson of DeKalb, Johnson of Echols, Lanier, Norris, Pittman, Simmons,

Thomas, Veazey, west, Whelchel, Williams of Barril, Wilcox, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Belt, Birchmore,

Harper. Harris of Columbia, Harvey, Hawkins,

Ray, Reid, Reilley, Rich,

TUESDAY, 9CTOBER 11, 1887.

1109

Bray, Cameron, Coggins, Cook, Crawford, Darden, DuBose, Franklin of Fannin, Franklin of Thomas, Gamble, Glenn, Green of Clay, Gresham, Ham, Hand, Harrell of Decatur, Harrell of Webster,

Howard,

Russell of Clarke,

Humphries of Brooks, Russell of Polk,

Hurr.phries of Clincn, Smith of Crawford,

Hunt,

Smith of Glynn,

Iler,

Smith of Gwinnett,

Johnsor. of Screven, Stevens,

Key,

Stewart of Mitchell,

Kimbrough,

Stewart of Marion,

Lumsden,

Taylor,

1Iil1s,

Vming,

Monroe,

Walker of Floyd,

Morgan.

Walker of Putnam,

Mo'ye,

Weil,

McMichae!,

Whaley,

Newton,

Williams of Jackson,

Peeples,

)fr. Speaker.

Pickett,

Yeas 90. Nays 22. Not voting 62.

So the motion to take from the table prevailed.

Upon motion of Mr. Harrison of Quitman, the bill, No. 642, was reinstated in ito; place upon the calendar.

Upon motion of Mr. Felton of Macon, the following bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to amend an act to incorporate the town of .Montezuma.

The following resolution was read -the third time; the

report of the committee was agreed tc.

Upon the passage of the bill it was necessary that the

vote should be taken by the yeas and nays, as the sarne pro-

vided for an appropriation.

..

Upon the call of the roll of the House, the following is

the result of the vote :

.'

Those voting irt the affirmative were Messrs.-

Arnheim; Ashley, Birchmore, Blalock, Branch,

Hagan,

Olive,

Harrell of Decatur, ; Page,

Harrison of Franklin, Parker,

Harrisof Catoosa,

Perkins,

Hawkins,

Perry,

1110

JouRNAL oF THE HousE.

Brown of Henry, Buchan, Calvin, Candler, Chappell, Clay of Cobb, Comer, Coney, Cook, Dodgen, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Fonte, Gardner, Gibson, Gordon, Green\) of Madison,

Hayes, Henderson, Hill of Wilkes, Howell, Hughes, , Huff, HutLhison, Johnson of DeKalb, Johnson of Echols, Kenan, Kimbrough, Lamar, Lanier, Little of Talbot, Madden, Mathews, Mauney, YcLendon, McKibben, McCleskey, Norris,

Pittman, Preston, Hawls, Reilley, Hussell of Chatham, Schofield, Shewmake, Sims, Stevens, Stewart of Rockdale, Strickland, Terrell, Th<mas, Veazey, Vickers, Watson, Way, Wei!, West, Wilcox, Wilson.

Those voting in the negative were Messrs.-

Atkinson, Belt. Black, Brady, Brown of Cherokee, Brewster, Clay of Walton, Coggins, Denney, Duggan, Durrance, Fagan, Fortner,

Grindle, Hale. Hand, Harper, Henry, Hill of Meriwether, Holland, Jones, Kennedy, Mixon, McCord, McLane, McGarrity,

Nichols, Reynolds, Rountree, Russell of Polk, Simmons, Smith of Jefferson, Stovall, Watts, Wheeler, Whelchel, Williams of Harris, Worsham.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, Bailey, Berner, Bray, Cameron, Crawford, Darden, DuBose,

Harvey, Holleman, Howard, Humphries of Brooks, Humphries of Clinch, Hunt, Iler, Johnson of Screven, Key,

Hay, Reid, Rich, Russell of Clarlrll, Smith of Crawford, Smith of Glynn, Smith of Gwinnett. Stewart of Mitchel Stewart of Marion

TuEsDAY, Oc'I'OBER 11, 1887.

1111

Franklin of Fannin, Franklin of Thomas, Gamble, Glenn, Green of Clay, Gresham, Griffith, Ham, Harrell of Webster, Harrison of Quitman. Harris of Columbia,

Lumsden, Mills, Monroe, Morgan, Moye, McGhee, McMichael, Newton, Peeples, Pickett,

Tate, Taylor, Vaughn, Vining, Walker of J<'loyd, Walker of Putnam, Whaley, Williams of Jackson. 'Villiams of Upson. Mr. Speaker.

Yeas 78. Nays 38. Not voting 58.

Not receiving the requisite constitutional majotity, the resolution was lost, to-wit:
A resolution appropriating four hundred dollars or so much thereof as may be necessary to decorate the Capitol and Executive Mansion, in honor of the President of the United States.
The following House bill was taken up for the purpose of considering the Senate amendments thereto, to-wit:

A bill to provide a new charter incorporating the town of Tennelle, in the county of Washington.
Tpon motion, the House agreed to recede from its refusal to concur i"u the Senate amendments thereto, and upon motion, the Senate amendments were concurred in.
The House then adjourned until 2::30 o'clock p. m.

2:30 O'CLOCK, P. }f.
The House met pursuant to adjournment, and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on General Judiciary :
By Mr. Atkinson-
A bill to declare when stipulations m insurance policies

1112

JouRNAl, oF .rHE HousE.

which provided for a forfeiture of same, shall be binding on the insured ; to provide where non-resident insurance companies doing business in this State, shall be sued, etc.
Mr. Shewmake, chairman p1o tern. of the Committee on Te~perance, beg leave to make the following report:

.M1. Speaker :
The Committee ou Temperance have had under con sideration Honse bill ~o. 378, to-wit:
A bill entitled an act to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors, etc., in the county of Pike, and I am directed to report the same to the House, with the recommendation that the same do pass, as amended, by the Senate.
Respectfully submitted. J. A. SHEWMAKE, Chairmanpro. tern.
Mr. Bernet, chairman of tl:e Committee on General Judiciary, submitted the following report:

M1. Speaker :

The Committee on General Judiciary have had under consideration the following bill which they instruct me to return to the House with the following report:
The committee recommend that the amendment of the Senate striking third section be agreed to, and that the amendment inserting a new section be disagreed to, to-wit:

An act to amend act to create and organize a new Judicial

Circuit of the Superior Courts of this State, etc.

Respectfully submitted.

R. L. BERNER, Chairman.

By unanimous consent, the following House bill was taken up for the purpose of considering the Senate amendments thereto, to-wit:
A bill to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State, approved September 8, 1885, by striking therefrom

TuESDAY, OcTOBER 11, 1887.

1113

the proviso at the end of the first section thereof, and by adding to said Stone Mountain Circuit the county of
Douglas. The House, upon motion, concurred in the following
amendment, by striking out section 3, and refuse to agree to the amendment proposed for section 3.
Mr. Felton, of Bibb, offered the following resolution, which was read and adopted, to-wit :

Resolved, That there shall be a night session of this House on Tuesday, Wednesday, Thursday and Friday nights of this week, beginning at 7:30 p. m.
The following House bill was taken up, and the Senate amendments thereto were concurred in, as amended, to-wit:

A bill to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors, etc., in the county of Pike, etc., approved September 18, 1883.
Upon motion of Mr. Harrison, of Quitman, House resolution No. 121 was taken from the table, and the same made the special order for to-morrow, the 12th inst.
Mr. West offered the following resolution, which was read and adopted, to-wit:

Resolved, That commencing with this evening's session,

the order of business of this House be as follows: The

morning sessions shall be devoted to the consideration of special orders, and general bills of the House and Senate

bills favorably reported, and that the evening and night

session:;- be devoted to reading Senate biiJ,; the fir:;t and

second time, and the consideration of local House bills the

third time, and railroad and banking chartP.rs favorably reported.

The follo~ing bill was read the third time; the report of the committee was agreed to, which was favorable to the

passage of the bill, as amended, and the bill pa1-1sed, as

amended, by the requisite constitution~! majority, yeas 93,

nays 1, to-wit:



1114 '

JouRNAL oF THE HousE.

A bill to incorporate the Manufacturers Insurance Mutual Aid Society.
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 constituti9nal majority, yeas 94, nays 0, to-wit :
A hill to incorporate the Lowry Banking Company of Atlanta, etc.
Mr. Chappell, 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 Senate, which I am ditected to report back, with the recommendation that it do not pass, to-wit :
House bill No.140, to incorporate the Chattanooga Eastern Railroad Company.
Che committee also report back the following bills, with the recommendation that they be read the second time and be recommitted to this committee, to-wit:
House bill No. 1035 to inco~porate the Catoosa Springs Company, with power to construct a railroad.
Also, Senate bill No. 111, to amend an act to incorporate the Savannah and Western Railroad Company.
Senate bill No. 166, to confirm to Covington and Macon Railroad Company eertain rights of extension, etc.
Also, Senate bill No. 171, to incorporate the Columbus and Buena Vista Railroad Company.
Also, ~enate bill No. 188, to incorporate the Augusta and White Plains Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

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

TuESDAY, OcTOBER 11, 1887.

1115

Mr. Speaker .
The Committee on Finance have had under consideration the following bills and res9lutions, which they instruct me to report back, with the recommendation that the following resolution do not pass, to-wit :
A resolution for the relief of Samut>l J. Hunt, Tax Collector of Hards county.
Also, they recommend that the following bill do pass, to-wit:
A bill to be entitled an act to repeal a resolution entitled a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad, approved October 7, 1885.
Also, they recommend that the following resolution, as amended, to-wit:
A resolution authorizing the Treasurer to pay to th~ widow of Hon. M. H. Hart, deceased, late rep~esentative from Troupe county, the balance of per diem and mileage which would have been due him for the entire session.
Also, they recommend that the following bill do pass, by substitute, to-wit:
A bill to be entitled an act to empower the grand juries of the several counties of this State to recommend the levy of a county tax for the support of common schools, and to require the Tax Collectorof the several counties to assess and collect said tax when so recommended, and for other purposes.
Respectfully submitted. W~I. W. GoRDON, Chairman.
Mr. Felton, chairman of the Committee on Lunatic Asylum, submitted the following report:
Mr. Speake1:
The Committee on the Lunatic Asylum have had under consideration the following resolution which I am instructed to return to the House with the recommendation that the resolution, as amended, be agreed to, to-wit:

..

1116

JouRNAL oF THE HousE.

A resolution to discharge from the Lt.matic Asylum Bunk Gunn, of Houston county.
Respectfully submitted. W. H. FELTON, Chairman.
By unaniinous consent, the following bill was read the second time, to-wit :
A bill to repeal a resolution for the adjustment of claims between the State and the Marietta and NOI'th Georgia Railroad, approved October 7, 1885.
Also, a resolution authorizing the Treasurer to pay to the widow of Hon. M. H. Hart, deceased, the balance of per diem and mileage which would have been due him for the ntire session.
The following hill was read the third time; the report of the committee wa;: agreed to; the proper legal proofs were xhibited and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to extend the public school term m Mitchell ()Ounty.
The following bill was read the thitd time ; the repurt of the committee was agreed to, and the bill passed, as amended, by the tequisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to inc01porate the Macon City and Suburban Rail- way, Light and Power Company.
The following bill was read the thirrl time ; the teport of the committee was agreed to, and the bill pa~;sed by the requisite constitutional majority; aye~; 94, nays 0, to-wit:
A bill to amend an act to i~tcotporate the Athens Savings Bank, approved October lH, 1885, by inserting a new section thereto.
The following bill was read the third time ; the repott of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amer..ded, by the requisite constitutional majority~ yeas 105, nays O, to-wit:

TuESDAY, OcTOBER 11, 1887.

1117

A bill to it~corporate the Alabama Midland Railway Company, etc.
The following bill was read the third time ; the report of the.committee was agreed to; the proper legal proof.'! were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit :
A bill to amend an an act to require nnd provide for the registration of all voters in the counties of Floyd, McDuffie, Randolph, etc., so far as the same applies to the county of Floyd, by striking therefrom the county of Floyd.
The following bill was n'ad the third time; the report of the committee was agreed to ; proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to amend the charter of the city of Atlanta so as to allow the City Council to inctease the salarieR of the Tax Receiver and Collector and Recorder and Auditor.
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 89, nays O, to-wit :
A bill to incorporate the Atlanta Savings Loan and Trust Company.
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 0, to-wit :
A bill to incorporate the Midland Telegraph Company.
The following bill was read the third time ; the repf)rt of the committee was agteed to, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to amend the charter of the Georgia Midland and Gulf Railroad Company.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited and the bill passt-d by the requisite constitutional majority, yeas 96, nays 0, to-wit:

1118

J OURNA.L Ol' THE HOUSE.

A bill for the protection of game in Troup county.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grove Academy, in Walton county, Georgia, etc.
House bill No. 757 was taken up for a third reading, and upon motion, the same was tabled..
The following bill was read the third time; the report of the committee which was favorable to the passage of the bill, by substitute, was agreed to, and the bill passed, by substitute, by the requisite constitutional majority, yeas 92, nays 0, to-wit :
A bill abolishing the nmnty Court of Upson county, etc.
The following bill was read the third time; the report ot the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to amend an act to constitute the Judge of the City Court in the county of Richmond e.r-officio Commissioner of Roads and Revenues for Richmond county, etc., approved September 17, 1883.
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 0, to-wit:
A bill to incorporate the Thomasville and Northern Railway Company.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs we1e exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays O, to-wit:
A bill to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, near McDaniel Station, in the county of Gordon.

TUESDAY, 0CT01:1ER 11, 1887.

1119

The following bill was read the third time ; the report of the committee was agreed to, which was favorable to the passage of the bill by substitute; the proper legal proofs were exhibited and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to amend sections 10 and 14 of an act to e~tablish a City Court in the county of Floyd, approved September 27, 1883.
The following bill was read- the third time; the report ot the committee was agreed to; the proper legal proof.-. were exhibited and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to prohibit the manufacture of spirituous liquors from coru, wheat, rye and other gmin in the county of Fayette, etc.
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 93, nays 0, to-wit:
A bill to incorporate the Atlanta City and Suburban Street Railroad Company, etc.
By unanimous consent, House bill No. 1034 was withdrawn.
By unanimous consent, the following bill was introduced, read the first time, and referred to the 0ommittee on County and County Matters, to-wit : By Mr. Buchan-
A bill to amend an act to provide for the registration of legal voters of Dodge county.
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on Roads and Bridges, to-wit :
By Mr. ConeyA bill to authorize R. H. Hightower to erect piers in,
and a bridge over, the Oconee River at or near Dublin, in Laurens county, etc.

1120

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the committee was agreed to; proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 88, nays 0, to-wit:

A bill to amend an act to incorporate the Atlanta and Edgewood Street Railroad Company, approved DecElmher 24, 1886, etc..

The committee have also had under consideration the followiug bill, which I am instructed to return to the House, with the recomndatiou that it do pass, as amended, to-wit:

A hill amending the act incorporating the town of Jug

Tavern, and for uthet purposes.

The committee have also had under consideration the fol-

lowing local bill, which they find, has not been properly

advertised, and which I am, therefore, requested to r~port

back to the House, with the recommendation that it do n~t

pass, to-wit:

A bill to repeal section 1455 (a), (b), (c), (d), (e), (f),

(g), (h), (i) of the Code, so far as it relates to the county

of Sumter.

Respectfully submitted.

F. C. TATE, Chairman.

Also, a bill to repeal an act providing for the compensation of County Court Baliffs, so far as it relates to the couuty of Gilmer, and for other purposes.
Also, a bill to prevent the obstruction of the waters of Pataula Creek and its tributaries, in the counties of Clay, Quitman, Randolph, Stewart, with fish traps, etc.
Also, a bill to prohibit the sale of certain articles of merchandise where indecent pictures accompany the same.
The committee has also had under consideration the following bills, which I am instructed to report back to the House, with the recommendation that they do not pass, to-wit:
A bill to require all counties or militia districts which adopted or may adopt the stock law to be fenced against adjoining counties or districts.
Also, a bill to abolish ~he County Court of Henry county,

TuESDAY, OcroBER 11, 1887.

1121

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

Mr. Speaker:
The Committee on Special J udieiat-y have had under consideration the following Senate bills, which I am instructed to return to the House with the recommendation that they do pass, to-wit :
A oil! to authorize the Ordinary of Telfair county to sell
all insolvent tax fl. jas. belonging to the county.
Also, a bill fot the ptotection of game and insectiverous birds of song in the county of Teltair, and for othet purposes.
Also, a bill to remove the civil disabilities of William Ammons and Causaomre Herndon Ammons, minor children of William Ammons, deceased, of Camden county, and for other purposes.
The committee has also had under considemtion the following House bills, which I am instructed to report back
to the House, with the recommendation that the introducers
have leave to withdraw, to-wit:
A bill to repeal sections :281, ~H:3 and 316 of the Code of Georgia, so fat' as they apply to the county of Gilmer, and tor other purposes.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, und the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:

A bill to amend an act to incorporate the town of Austell, in Cobb county, etc.

The following bill was read the third time; the report

of the committee was agreed to, as amended; the proper

legal proofs were exhibited, and the bill passed, as amended,

by the requisite constitutional majorit\', veas 92 nays I

to-wit:



'

'

71

1122.

.JouRNAL OF THE HousE.

A bill to proh~bit the manufacture of distilled spirits of all kinds within the limits of the county of Clayton, etc.
The following bill was read the third time; the report of the committee was ag:reed to, and the bill passed by the .1equiste constitutional majority, yeas 91, nays 0, to-wit:

A bill to incorporate the Greenville Banking Company.

The following hill was read the third time; the report of the committee was agreed to, and the bill passed, all amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:

A bill to amend the charter of the Elberton Air-Line Railroad Company, approved December 13, 1881, etc.

The following bill was read the third time ; the report

of the committee was agreed to; the proper legal proofs

were exhibited, and the bill passed by the requisite consti-

tutional majority, yeas 90, nays O, to-wit:



A bill to amend the registration laws of Wilkinson

county.

The following bill was read the third time ; the report of the committee was agreed to, which was favorable to the

passage of the bi!l by substitute ; the proper legal proofs were exhibited, and the bill passed, by substitute, by the

requisite constitutional majority, yeas 90, nays O, to-wjt:

A bill to require the Board of Education of Upson county to pay pro rata share of school fund to Trustees of Thomaston Starr School.

Leave of absence was granted to Mr. Williams, of Jackson.

The House then adjourned until 7:30 p. m.

7:30 O'cLocK, P.M. The House met pursuant to adjournment and was called to order by the Speaker. Upon motion, the roll call was dispensed with.

TUESDAY, OcTOBER 11, 1887.

1123

Leave of absence was granted to the following members, to-wit: Messrs. Hayes, and Felton of Bartow.
The following Senate bills were read the first time and appropriately referred, to-wit:
Bv. Mr. Northcutt' A bill to incorporate the Georgia Title., Insurance, Trust
and Guaranty Company. Referred to Committee on Corporations.
By Mr. DilworthA bill for the protection ot the oyster and clam fibheries
in the waters of the State of Georgia; to prohibit the catching or taking of oysters at certain seasons, etc.
Referred to Committee on General Judiciary.
By unanimous consent, House resolution No. 183 was .recommitted to Committee on Special Judiciary.
Upon motion, House bills Nos. 559 and 710 were taken from the table and reinstated upon the calendar.
By unanimous consent, the following bill was introduced, read the first time and referred to the Committee on General Judiciary, to-wit:
By Mr. LamarA bill to amend section 1975 of the Code of 1882.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker:
The General Judiciary committee have had under consideration Senate bill No. 13i5, which they instruct me to report back, with the recommendation that it be read the second time and be recommitted.
Respectfully submitted. R. L. BERNER, Chairman.
The following Senate bill was read the second time ; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit:

1124

JouRNAL oF THE HousE.

A bill to reRtrict the rates of interest and charges for the use and loan of money upon deeds to real estate, etc.

The following House bill was taken up and the Senate

amendments thereto were concuned in, to-wit:



A hill to authorize antl empower the City Council of

Fort Gaines to purchase or build a btidge across the Chat-

tahoochee river at Fort Gaine;o., Georgia, etc.

The ft>llowing t'enate bills were read the second time, to-wit:

A bill to amend an act to incorporate the Savannah and 'Vestern Railroad Company and recommitted.
Also, a bill to prescribe the duty of electric telegraph companiPs as to receiving and transmitting dispatches, etc.
Also, a bill to incorporate the Chattanooga Eastern Railroad Company, etc.

The committee to which this bill was referred returned the same with an adverse report, and the t'f'port of the committee was agreed to, and the bill wa'l lost.

The following Senate bills were read the second time, to-wit:

A hill to authorize the Ordinary of Telfair county, to sell all insolvent tax.fi. fas. belonging to the county.
Also, a bill for the protection of game and insectiverous birds and birds of song in Telfair county, etc.
Also, a bill to ratify and confirm to the Covington and Macon Railway Company the right and authority to make certain extensions of the main line, and to build certain brancheR of said railway, obtained under the general law for the incorporation of railtoads; appro,ed September 27,
1881. Also, a bill to incorpotate the Columbus and Buena Vista
Railroad Company, and recommitted to Committee on Railroads.
Also, a bill to remoYe the ciYil disabilities of William AmmonR and Causamore Herndon Ammons, minor sons of William Ammons, deceased, ofCamden county, Georgia, etc.

TuESDAY, OcTOBER 11, 18H7.

1125

Also, a bill to incorporate the Augusta and White Plains Railroad Company.
By unanimous consent, Senate bill No. 175 was recommitted to the Committee on General J uciiciary.
By unanimous consent, Senate bill No. 188 was recommitted to Committee on Railroads.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the hill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit.:
A bill to amend an act establishing a City Court of Macon.
The following bill was read the third time; the report of the committee which was favorable to the passage of the bill, by substitute, was agreE'd to; the proper legal proofs were exhibited, and the bill passed, by substitute, by the requisite constitutional majority, yeas 100, nays 0, to-wit:
A bill to amend an act to incorporate the town of Rising Fawn, in the county of Dade.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to prohibit the manufacture of spirituous Ol' malt liquors in the county of Campbell, of this State.
The following bill wal' read the third time ; the report of the committte was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, hy the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authori;.o:e the Town Council of the town of Miller to levy a tax tor school purposes, 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 94, nays 0, to-wit :

1126

JouRNAL oF THE HousE.

A bill to incorporate the Great North and South Railwav

Company, etc.



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 88, nays 0, to-wit:
A bill to amend an act to incorporate the Fulton County Street Railroad Company, etc., approved September 17, 1883.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to better protect the lands and farming interests of the 768th militia distrct, of Taylor county, Georgia.
The following bill was read the third time; the report of the committee was agreed to; proper legal proofs were exhibited, and the bill passed by the re11Uisite constitutional majority, yeas 90, nays 0, to-wit:

A bill to amend an act to incorporate the Atlanta Loan and Banking Company, etc., approved October 13, 1885, so as to change the name of said company to the Atlanta Insurance and Banking Company, etc.
The following bill was read the third time; the report of the committee was agteed to, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to authorize the Georgia Electric Mound Improvement Company to build branch lines of railruad.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to amend an act entitl~d an act to establish a City Court in the county of Bartow, ete.
The following bill was read the third time; the report of

WEDNESDAY, OcTOBER 12, 1887.

1127

the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to prohibit the sale of diRtilled, malt or vinous Iiqu-::rs within three miles of Gillsville Baptist Church, in Banks county, Georgia.
The Honse then adjourned until 8 o'clock, to-morrow morning.

ATLANTA, GEORGIA,
Wednesday, October 12, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert,

Arnheim,

Ashley,

Atkinson,

Bailey,

Belt,

Berner,

Birchmore,

Black,

Blalock,

Brady,

Branch,

Bray,

Brown of Cherokee

Brewster,

'

Buchan,

Calvin,

Cameron,

Candler,

Ohappell,

Olay of Cobb,

Harrell of De0atur. Olive,

Harrell of Webster, Page,

Harrison of Franklin, Parker,

Harrison of Quitman, Perkins,

Harper,

Perry,

Harris of Catoosa,

Pickett,

Harvey,

Pittman,

Hawkins,

Preston,

Hayes,

Ray,

Henry,

Rawls,

Henderson.

Reid,

Hill of Meriwether. Reilley,

Hill of Wilkes, Holland, Holleman. Howell, Hughes, Huff:

Reynolds, Rountree Russell of Chatham, Russell of Clarke, Russell of Polk, 1-ichofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hutchison,

Sims,

1128

JouRNAL OF THE HousE.

Olay of Walton,: Coggins, Comer, Coney, Cook. Darden, Denny, Dodgen, Duggan, Durrance, Evans. Fagan. Felton of Bartow. Felton of Bibb, Felton of Maron. Featherston, Fortner, Fordham, Foute, Gamble. Gardner, Gibson, Gordon. Green of Ulay, Green of Madison. Griffith, Grindle, Hagan. Hale, Hand.

Iler, .Johnson of Echols, .Johnson of Screven, .Jones, Kenan. Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot. Lumsden, )lad den. )lattbews. )lanney. )1ixon. Monroe, )!organ. Moye, )[cConl. McLane, :\'leG bee, McGarrity. )!cLendon, )fcKibben,
)lcC'lesh~.
}ld1ieha.,l, 2'i!ewton. Cliichols.
Norri!',

' Smith of Crawford. Smith of Glynll, Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stovall, StrickIa~: d, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Putnam. Watts, Watson, Way, Wei!, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Upson. Wilcox. Wilson, Worsham, Mr. Speaker.

Thoi'e absent were Messrs.-

Adams of Greene, Brown of Henry, Crawford, DuBose, Franklin of Fannin. Franklin of Thoma,, Glenn,

Gresham, Ham. Harri8 of Columbia, Howard, Hunt. .John"''" "f DeKalb, Mills,

Peeples, Rich, Stevens, Stewart of Marion, Vining, "\Valker of Floyd, Williams of Jackson.

Mr. Lumsden, of the Committee on Journals, reported that the .Journal had been examined and found correct.

The Journal was then read and approved.

Mr. Felton, of l\Iaeon, chairman of the Committee on Agriculture, submitted the following report:

WEDNESDAY, OcTOBER 12, 1887.

1129

Jlr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they instruct me to report back, with the recommendat~on that the same do pass, by substitute, to-wit :
A bill to regulate the sale of commercial fertilizers. and manures of this State, and for other purposes.
Respectfully submitted. W. H. FELTON, Chairman.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Spea.ket:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit :
A bill .to amend an act incorporating the town of Valdosta, in the county of Lowndes, approved December 7, 1860, and the several acts amendatory thereof; so as to increase the number of aldermen ; to confer additional powers on the same; passed by the requisite constitutional majority; yeas 30, nays 0.
Also, a bill to settle and define the county lines in this State where differences may exist between counties as to the boundaries thereof; to provide for the establishment of the disputed line; passed by the requisite constitutional majority; yeas 31, nays 0.
Also, a bill to change the time of h0lding the Superior Court in Bnrke count~; passed by the requisite constitutional majority; yeas :29, nays 0.
Also, a bill to exempt seventy of the active members of the Richmond Hussar Company of Augusta, from jury duty i passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend section 3322 of the Code of Georgia i passed by the requisite c"nstitutional majority ; yeas 30, nays 0.

1130

JouRNAL OF THE HousE.

Also, a bill to incorporate the Montezuma Steamboat Company; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to provide for the registration of qualified voters of the county of Campbell ; passed by the requisite constitutional majority ; yeas 30 ; nays 0.
Also, a bill to define what is posting lands, when required by any general or local law of this State; passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate has also passed the following bill of the Senate by the requisite constitutional majority, yeas 27, nays 0, to-wit:
A bill to change the time of holding the fall term of the Superior Court of Gwinnett county, in the Western Judicial Court.
The Senate has also passed the following bill of the House, by substitute. by the requisite constitutional majority, yeas 29, nays 0, to-wit :
A bill to provide for the registration of all voters in Richmond county, in this State; and for other purposes.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to createt a Board of Commissioners of Roads and Revenues tor the county of McDuffie.
The Senate has also passed the following bill of the House by the requisite constitutional majority, yeas 30, nays 0, with certain amendments, to-wit :
A bill to amend the charter of the town of Ellijay.
The Senate has amended the amendment ofthe House to the fhst amendment of the Senate, concurred in all other House amendments of the amendments of the Senate, and insisted upon the Senate amendments in which the House refused to concur, asked a Committee of Conference consisting of three from the Senate and five from the House, on the following bill of the House, to-wit:

WEDNESDAY, OCTOBER 12, 1887.

1131

A bill to carry into effect the amend~ent to article 7,
section 1, paragraph.!, of the Constitution of 1877, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service, and h~ appointed as a committee on the part of the Senate, Messrs. Powell, Fav.er and Wright of the 38th district.
Leave of absence was granted to the following members, to-wit: Messrs. Wheeler and Johnson of DeKa:lb.

The following hill was read the second time, to-wit:
A bill to incorporate the Catoosa Springs Company, with power to construct a railroad.

By unanimous consent, House bill No. 437 was taken from the table and reinstated upon the calendar.

Under a suspension of the rules, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:

A bill to regulate the fees of the Solicitor of the County

Court of Walton and the costs of the Judge of said Court

in certain cases.



Upon motion, two hundred copies of the substitute and

House bill No. 1005 were ordered printed for use of the
House.

The hour for the special order having arrived, upon
motion of Mr. Berner, the special order was taken up,
"!hich was the further consideration of House resolution
No. 217. Upou motion, the House resolved itself int~ a Committee
of the Whole Honse, Mr. Stewart, of Rockdale, in the chair.

Mr. Stewart, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:

The Committee of the Whole House have had under

1132

JouRNAL oF THE HousE.

consideration House resolution No. ~17, which they instruct me to report back, with the recommendation that the same do pass, as amended.
The following resolution was read the third time; upon agreeing to the report of the committee and the passage ot the resolution, the previous question was called for, which call was sustained and the main question ordered; the report of the committee waf; agreed to; upon the passage of the bill it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll the following is the result of the vote:
Those voting in the affirmative Wel"e Messrs.-

Adams of Elbert. Ashley, Atkinson. Bailey, Belt, Berner, Birch more. Black, Brady,
BBrraewy,ster,
Buchan. Calvin. Cameron. Candler. Chappell. Coggins, Comer, Coney, Cook, Darden, Denney. Dodgen, Durrancl'. Evans, Felton of Bnrtow. Felton of Bibb, Felton of }fucon. Fortner,

Gordon, Green of Clay, Grindle, Hale, Hand, Harrell of Decatur, Harrell of Webster. Harrison of Franklin, Harper, Harvey. Hawkins, Hayes, Henry. Henderson, Hill of }1eriwether, Hill of Wilkes, Holland, Holleman. Hughes. Huff, Humphries of Clinch, ller. Johnson of Screven, .Jones, Kenan, Kennedy, Kimbrough, Lamar, Lnnier,

:Morgan, Moye, McCord, McLane, McGhee, McGarrity, McKibben. McMic,hael. Nichol8, Olive, Page, Perkim, Perry, Pickett, Pittmnn, Preston. Hay, Reilley. Reynolds, Rountree, Schofield, Smith of Jefferson, Stewart of Rockdale, Stovall, Terrell,
Walker ,,f Putnam,
Watts, Way, Wei I,

WEDNESDAY, OCTOBER 12, 188i.

Fordham, Foute, Gamble, Gardner, Gibson,

Little of Talbot, Lumsden, Madden, Mauney, Mixon,

Whaley: Williams of Harris, Wilson, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Clay of Cobb, Clay of Walton, Duggan, Fagan, Griffith. Hagan, Harrison of Quitnan. Harris of Cttt<>osa, Howell. Johnson of Echols,

Key, Math<Jws, McLendon, :\IcCleskey. Newton, Norris. Rawls, Hussell of Chatham. Russell of Polk, 8hewmake,
Sirnmon~,

Sitns, Smith of Crawford, Smith of Gwinnett, Strickland, Thutnas, \Vest. \Vheeler. "Whelchel, \Villiams of Upson, Wilcox.

Those not voting were Messrs.--

Adams of Greene, Blalock, Branch, Brown of Henry. Brown of Cherokee, Crawford, DuBose, Featherston, Franklin of Fa"nin, Franklin of Thomas, Glenn, Greene of Madison, Gresham, Ham,

Hanis of Columbia, Howard, Humphries of Brooks, Hunt, Hutchison, .Johnson of De Kalb, :\!ills, }lonroe, Parker, Peeples, Reid, Rich, Russell of Clarke, Smith of Glynn,

Ste\ens, 8tewart of Mitchell, :-ltewart of Marion, Tate, Taylor, Vaughn. Veazey, Vickers, Vining, Walker of Floyd, Watson, Williams of Jackson, Mr. Speaker.

Yeas 101. Nays :32. Not voting -11.

Having received the requisite constitutional maiority, the resolution passed, as amended, to-wit :

A resolution to appoint a commission to make an inventory and appraisement of the State road ; to protect the State's property in the same, etc.

Upon motion, House resolution No. :217 was ordered to be immediately transmitted to the Senate.

House bill No. 834 was taken up, which was also a special order for the day.

1134

JouRNAL OF THE HousE.

The following bill was then read the third time. Mr. Jones moved to indefinitely postpone action on the bill.
And. upon motion of Mr. Worsham, the motion to indefinitely postpone the bill was tabled.
Mr. Felton, of Bibb, moved to commit the bill to the Committee on General Judiciary, which motion was lost.
Pending the consideration of the bill and amendments
upon motion, the House adjourned until 2:30 o'clock p. m.'

2:30 O'cLOCK P. M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum wail found to be present.
Leave of absence was granted to the following members, to-wit: Mes~;rs. Howell and Preston.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed as amended, by the requisite constitutional majority, yeas 89, nays O, to-wit :
A bill to amend an act to eotablish a City Court in the county of Bartow; approved October 10, 1885, etc.
The following bil1 was read the third time; the report of the committee was agreed to; the proper legal proofs' were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays O, to-wit:
A bill to organize a board of County Commissioners for the county of Gordon.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite consti~ tutional majority, yeas 91, nays O, to-wit:

WEDNESDAY, OcTOBER 12, 1887.

1135

A bill to authorize the Mayor and Council of the town of Dublin to appropriate any monies arising from licenses to sell spirituous liquors to the support of the school in said town.
The following bill was read the third time; the report of the committee was agreed to ; the pror.er legal proofs were exhibited and the bill passed, as amendecl, by the requisite constitutional majority, yeas 91, nays 0, to-wit: .
A bill to amend an act to establish a City Court in the county of Richmond.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majot'ity, yeas 88, nays 0, to-wit:
A bill to incorporate the town of Hillman in the county of Taliaferro, State of Georgia.
House bill No. 853 was taken up for a third reading. Mr. Simmons moved to table the hill, which motion was lost.
The following bill was then read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited ; upon the passage of the bill the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote:

Those who voted in the affirmative were Messrs.-

Ashley, BernPr, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster,. Buchan, Calvin.

Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Hayes, Henderson, Hill of Meriwether, Holland, Hughes, Huff, Humphries of Clinch, Hutchison,

Nichols, Norris, Olive, Page, Parker, .Perkins, Pickett, Pittman, Reynolds, Rountree, Schofield,

1136

JouRNAl~ m THE HousE.

Cameron, Candler, Clay of Cobb, Clay of Walton, Coggins, Comer, Darden, Dodgen, Duggan, Durrance, Evans, Fe!ton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute, Gamble, Hand, Harrell of Decatur,

ller, Johnson of DeKalb, .Johnson of Echols, .Johnson of Screven, Kennedy, Kimbrough, Lamar, Lanier, Little of TRibot, 1\iathews, :.\launey, Mixon. :.\Ioye, :Vic C o r d , :\IcGhee. :VIcGarrity, McLendon, :V1cKibben,
~Id1ichael,

Shewmake, Smith of Jefferson, Stovall, Strickland, Terrell, T h o mRs, Veazey, Vickers, \Vatts, Watson, \Vest, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Wilson, \Vorsbam.

Those voting 111 the negative were Messrs.-

Atkinson, Birch more, Coney, Denney, DuBose, Fordham, Green of Clay, Grindle,

Hale, Hill of Wilkes, Holleman, .Jones, Madden, }forgan, Newton, Perry,

Preston, Rawls, Reilley, Russell of Chatham,
~immons,
Smith of Gwinnett, Way, Whaley.

Those not voting were MessrH.-

Adams of Elbert, Adams of Greene, Arnheim, Bailey, Belt, Brown of Cherokee, Chappell, Uook, Urawford, Fagan, Fortner, Franklin of Fannin, Franklin of Thomas, Gardner, Gibson, Gordon,

Ham, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Henry, Howard, Howell, Humphries of Brook;;, Hunt, Kenan, Key, Lumsden, :\I ills, 1\Ionroe,

Reid, Rich, Russell of Clarke, Russell of Polk, S1ms, Smith of Crawford, Smith of Glynn, Stevens, Stewart of Mitchell,. Stewart of Rockdale, Stewart of )[arion, Tate, 'fay lor, Vaughn, Vining, Walker of Floyd,

WEDNF..SDAY, OcTOBER 12, 1887.

1137

Glenn, Greene of Madison,
Gresham, Griffith, Hagan,

McLane, McCleskey, Peeples, Ray,

Walker of Putnam, Wei!, Williams of Upson, )Ir. 8peaker.

Yeas 89. Nays 24. Not voting Gl.

Having received the requisite constitutional majority, tl-je bill passeJ, to-wit:

A bill to prohibit the sale of spirituous, malt or intoxicating liqnors within three miles of Bethlehem Academy, in Walton county, Geoogia.

The f()llowing bill was tead the third time; the report of the committee was agreed to; the proper legal proofs were exhibit.ed, and the bill passed by the requisite constitutional majority, yeas 91, nays 10, to-wit:

A bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Methodist Protestant Church, at Jersey, in Walton county, Georgia.

The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 9.5, nays 0, to-wit:

A bill to establish a system of public schools for the town of Wayctoss; to .empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof, etc.

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majol'ity, yeas 95, nays 0, to-wit :

A bill to prohibit the sale of seed cotton in Wilkes county, Georgia, from the 1.5th day of August to the Hith of December each year, etc.
Mr. Berner, chairman of the Committee on Genetal Judiciary, submitted the following report:
72

1138

JOURNAL OF THE HOUSE.

Mr. Speaker :

The Committee on General Judiciary have had under consideration the following bills, which they instruct me to report back to the House, with the recommendation that they do pass, to-wit :
Senate bill No. 95, to regulate the practice in claim cases, etc.
Also, Senate bill No. 104, to amend section 1997 of the Code of 1883.
Also, Senate bill No. 115, to amend section 508 (x) of the Code of 1883.
Also, Senate bill No. 138, to amend section 3523 of the Code of 1883.
.<\.]so, Senate bill No. 141 to amend section 1676of the Code of 1883.
Also, Senate bill No. 155, to provide for the levy and sale of personal property, etc.
Also, Senate bill No. 164, to amend section 4251 of the Code of 1883.
Also, Senate bill No. 181, to amend the act in reference to equity cases and granting injunctions, etc.
Also, House bill No. 450, to amend section 1970 of the Code.
Also, the following bill, which they recommend do pass as amended, to-wit:
Senate bill No. 77, to provide for the building and erecting of a court house in each militia district, etc.
Als.:>, the following bills, which they recommend do not pass, to-wit :
Senate bill No. 157, to amend section 4373 of the Code. Also, Senate bill No. 137, to amend section 3623 of the Code. Also, Senate bill No. 99, to regulate the practice in the Superior Courts. Also, the following bill, which they recommend be committed to Committee on Finance, to-wit:

WEDNESDAY, OCTOBER 12, 1887.

1139

Senate bill No. 162 to repe~l an act to carry into eff~ct the last clause of the Constitution, paragraph 1, section 1

and article 7. Respectfully submitted.

R. L. BERNER, Chairman.

Mr. Tate, chairman pro tem. of the Committt:e on Railroads, submitted the following report :

Mr. Speaker : The Committee on Railroads have had under considera-
tion the following bill, which they instruct me to report back with the recommendation that the same do pass, towit:
A bill to incorporate the Columbus and Buena Vista Railroad Company, to define its rights, powers and privileges, and for other purposes.
Respectfully submitted. F. C. TATE, Chairman protem.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :
Mr. Speaker:
'the Committee on Finance have had under consideration the following bill and resolutions which they instruct me to report back with the following recommendations, to-wit :
A bill to be entitled an act for the relief of Samuel Morgan one of the securities on the bond of the Bank of Rome as a State Depository, which they recommend that the introducer be allowed to withdraw.
Also, a resolution relating to the question. of betterments of the Western and Atlantic Railroad.
They also recommend that the following resolutions do pass to-wit:
A joint resolution authorizing payment of last semi-annual interest on certain bonds of this State.
Also, a resolution for the relief of the Mutual Reserve Fund Life Association.

1140

JouR:SAI~ OF THE HousE.

They also recommend that the following resolution be

read the second time and recommitted to this committee

to-wit:

'

A resolution providing for the appointment of commissioners for the purpose of having a survey of the Western and Adautic Railroad, and pro,,iding for the sale of the surplus property of the ~a me.
Rcspeetfully submitted. w~r. \Y. GoRDOX, Chairman.

Mr. Chappell, chairman of the Committee on Railroads, submitttd the following report:
Mr. Speaker:

The Committee on Railroads have had under consideration the following bill of the House, which I am directed to report back, with the recommendation that it do pllss, to-wit:
House bill No. 5:35, to repeal the general law for the incorporation of railroads by the Governor and Secretary of State.
The committee have also had under consideration the following bill of the House, which I am directed to report back, with the recommendation that it do pass, as amended, to-wit:
House bill No. 103;'), to incorporate the Catoosa Springs Company, with power to construct a railroad.
The committee have also had under consideration the following bills of the Seuate, which I am directed to report back, with the recommendation that they do pass, to-wit:
Bill No. 166, to confirm to the Covington and Macon Railroad certain rights of extension and building ot branch roads.
Also, bill No. lRR, to incorporate the Augusta and White Plains Railroad Company.
The committee also report back the following bill of the Senate, with the recommendation that it do pass1 as amended, to-wit:

WEDNESDAY, OcTOBER 12, 1887.

1141

Bill No. 111, to amend an act to incorporate the Savannah ~nd Western Raihoad Company.

The committee also report back the following bill of the Senate with the recommendation that it do not pass, to-wit:

Bill No. 160, to protect lives and persons of employees and passengers on railroads by ptohibiting the running of trains within this State by oyenvorked officers and employees.
The committee direct me to report back the following bill of the Senate, with the recommendation that it be rtad the second time and be recommitted to this committee, towit:,

Senate bill No. 121, to amend section 4578 of the Code of 1882, as to running of freight trains on Sunday, so as to authorize the transportation of watermelons and fruit.
Also, Senate bill No. 97, to amend the charter of the Marietta and North Georgia Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.

Mr. Duggan, chairman of the Committee on Enrollment, submitted the iollowing report:

Mr. Speaker:

The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit :

An act to amend an act entjtled an act to amend an act

to provide tor the better organization, government and dis-

cipline of the volunteer troops of this State.

Also, an act to authorize the trustees of the Elberton

Female Collegiate Institute, to sell property and invest pro-

ceeds.



Also, an act to require the full opinion of the Supreme Court to be transmitted to the lower court in certain cases.
Also, an !let to authorize and require the regisration of all voters in Clay county.

1142

JouRNAL OF THE HousE.

Also, an act to incorporate the Valdosta Bank.

Also, au act to amend the charter of the town of Adairsville, in Bartow county.

Also, an act to incorporate the town of Ocean City, on Tybee Island, in Chatham county.

Also, an act to extend the corporate limits of the town of

Sparta, in Hancock county.

Also, an act to incorporate the Ote Belt Railroad Com-

pany. Also, a resolution for the relief of the National Life and

Maturity Association of \Vashington, D. C.

Also, an act to incorporate the town ot Tarver, in Echols

county. Also, an act to strike out, alter and amend so much of

section 12 of the charter of the town of Harmony Grove as

prescribes the mode and manner of levying taxes, etc.

Also, an act to appropriate the. proceeds of the hire of

misdemeanor convicts in the counties eompo;;ing the North-

ern ,Judicial Circuit, to the payment of costs accruing to

to the officers of con rts, etc.

Also, an act to provide for establishing the line between

Georgia and Tennessee.

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

porate the town of Belton, in the counties of Hall and Banks.

Also, an act to amend the charter of the town of Way-

cross, in the county of \Vare, so as to provide for the

registration of the voters of 1-'aid town.

Also, an act to authorize the Mayot and Council of the

city of Dalton to operate and manage water works in said

city.

.

Also, an act to more clearly define the offense of arson lll

this State. Also, a tesolution for the relief of J. F. Farmet, Tax

Collectot of Jefferson. Also an act to authorize the commitment of juvenile,
oftende'rs and others to the House of Refuge fat the reform-

ation of juvenile offenders in Fulton county, Georgia, etc.

Respectfully submitted. IvY W. DcoGAN, Chairman.

WEDNESDAY, OcToBER 12, 1887.

1143

Mr. Tate, chairman of the Com~ittee on Special Judiciary, submitted the following report :

Jlr. Speaker:
The Committee on Special Judiciary have had under consideration the following resolution of the House, which they instruct me to report back with the recommendation that the same do pass by substitute, to-wit :
A resolution for the relief of Samuel J. Hunt, Tax Collector of Harris county.
Respectfully submitted. F. C. TATE, Chairman.

Mr. Walker, of Putnam, chairman of the Committee on Temperance, submitted the following report :

Jfr. Speaker:
The Committee on Temperance have had under consideration the following bill, :which they request me to report back, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to authorizP. the city or town which contains the court house in each county, that has or may hereafter prohibit the sale of intoxicating liquors under the provisions of the act of the General Assembly of Georgia, approved September, 1885, and known as the general local option liquor law, or any other local prohibitory 1iquor act, when so recommended by a majority ot two successive grand juries, to keep on hand and suppiy residents of such county spirituous liquors for medicinal purposes; to regulate the manner of such sale, and for other purposes.
Respectfully submitted. N. S. WALKER, Chairman.
Mr. Felton, chairman of the Committee 011 Lunatic Asylum, submitted the following report:
Mr. Speaker :
The Committee on the Lunatic Asylum, after considering

1144

JouRNAL OF THE HousE.

House bill No. 1020, ~eing entitled an act to provide for the care and protection of such patients in the State Lunatic Asylum as may be adjudged incurable, etc., report the same
back to the Honse with the recommendation that it do not pass.
Respectfully submitted.
vV. H. FELTON, of Bartow, Chairman.

The following bill was read the third time; the report of the committee was ag1eed to; the proper legal proofs were exhibited, and the bill passed by the requi'3ite constitutional m~~:jority, yeas 92, nays 0, to-wit:
A bill to incorporate the \Vashington Street Railway Company, etc.
The following bill was read the third time; the report of the committee was agreed to, and the bid passed as amended, by the requisite con~titutional majority, yeas !:13, nays 0' to-wit:
A bill to incorporate the Thomasville and Ty Ty Railroad Company.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutiona~ majority, yeas 88, nays O, to-wit:
A bill to amend an act to prohibit the sale of spirituous, vinous, malt and other intoxicating liquors, in the county of Coweta, etc., approved September 8, 1883.
The following bill was read the third time; the report of the committrr was ag1eeJ to, and the bill passed by the requisite constitutional majority, yeas 90, nays O, to-wit:
A bill to prescribe the time of holding the Superior Courts of the Macon Circuit, etc.
House bill No. 880 was taken up for a third reading, and, upon motion, the bill was tabled.
The following bill was read the third time; the report of. the committee was ag-reed to; the proper legal proofs were

\ ,

WEDNESDAY, OcTOBER 12, 1887.

1145

exhibited, and the bill passed, as amended, by the requisite constitutional majority' yeas 90, nays 1, to-wit:
A bill to establish a system of public schools in the town of Washington.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to provide compensation for all managers and clerks of geneml and special elections held in McDuffie county.
By unanimous consent, House bill No. 876 was withdrawn.
The following bill was read the third time ; the report of the comniittee was agreed to, and the bill passed, as amended, by the requisite comtitutional majority, yeas 90, nays 0, to-wit :
A. bill to ratify and confirm the Florida Midland and Georgia Railroad Company's charter, obtained on 20th February 1884, under general law, etc. Mr. Terrell, chairman of the Committee on Counties and County Matters. submitted the following report:
Mr. Speaker:
The Committee on Counties and County Matters have bad under consideration the following biil, which I am instructed to return to the House, with therecommendation that it do pass, to-wit :
A bill to amend the act providing for the registration. of the legal voters ofDodgc county, approved October 12, 1885.
Respectfully submitted. J. M. TERRELL, Chairman.
II The following bill was read the third time ; the report of
the committee was agreed to ; the proper legal proofs were ex~ib~ted, and the bill passed by the requisite constitutional IDSJOrtty, yeas 93, nays 0, to-wit:

1146

JouRNAL oF THE HousE.

A bill to incorporate the Connasouga Canal and Manufacturing Company of Gordon county, Ga.

The fo-llowing hill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-v. it:

A bill to prohibit the manufacture, sale, exchange, bartering or furnishing for a valuable consideration, of spirituous, vinous, malt or other intoxicating liquors in 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 the requisite constitutional majority, yeas 90, nays O, to-wit:

A bill to amend the charter of the City and Suburban Railway Company of Savannah, Ga.

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 3, to-wit :

A bill to incorporate the Metropolitan Street Railway Company of Macon, etc.

The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, as amended, by the rPqnisite constitutional majority, yeas 92, nays 0, to-wit :

A bill to incorporate the Macon Terminal Railway Company, etc.

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 O, to-wit:

A bill to incorporate the Central Trust Company of

Georgia, etc.

'

The following bill wa:s read the third time; tne report of

WEDNESDAY, OcTOBRR 12, 1887.

1147

the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 96, nays 0, to-wit:
A bi\1 to incorporate the Chattahoochee Terminal Company, etc.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 0, towit:
A bill to provide for the appointment ot a Board of Examiners for engineers operating stationary engines or boilers under steam pressure, for Fulton county, by the County Commissioners of said county.
The following hill was read the third time; the report of the committee was agreed to ; the proper legal proof.'l were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit :
A bill to amend section 2 of an act incorporating the town of Villa Rica, in Carroll county, Georgia, approved October 13, 188:~.
The following bill was read the third time; the report of the ~ommittee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A hill to prohibit the killing of wild turkeys and deer at certain seasons of the year in the county of Habersham.
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 94, nays 0, to-wit:
A bill to repeal an act entitled an act to prohibit the levy and cellection of any taxes on any lands within the corporate limits of the city of Newnan, which are kept exclusively for agricultural purpo~es, etc.
The following bill was read the third time ; the report of

L

1148

JouRXAL oF THE HousE.

the committee was agreed to ; the proper legal proo'3 were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to repeal an act to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.

The following bill was read the third time ; the teport of the committee was agreed to ; the proper legal proofs were exhibited, and the- bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:

A bill to prohibit the making or selling of intoxicating liquors within a three mile radius of Midway Methodist Church in the county of Burke.

By unanimous consent, House bills Nos. 923 and 930

were tabled.



Mr. Rawls offered the following resolution, to-wit:

Resolved, That when the House adjourns it adjourns to . meet to-morrow morning at 8 o'clock.
Upon the adoption of the resolution the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the

vote, to-wit :



Those voting in the affirmative were Messrs.-

Arnheim,

Griffith,

Preston,

Ashley,

Grindle,

Rawls,

Belt.

Hand,

Reynolds,

Blalock,

Hayes,

Rountree,

Brady,

I:!ill of Wilke;;,

Russell of Chatham,

Branch,

Huff,

Russell of Clarke,

;

Buchan,

Hutchison,

Schofield,

Calvin,

Johnson of DeKalb, Shewmake,

Cameron, Clay of Walton.

Johnson of Echols, Kenan,

Smith of Glynn, Stewart of Rockdale,

Coggins,

Kennedy.

Stovall,

Comer,

Kimbrough,

Strickland,

Coney. Darden,

Lanier, Madden,

Vickers, Walker of Putnam,

Denney,

:\[athews,

Watson.

.,

WEDNESDAY, OcTOBER 12, 188i.

1149

DodtZen, Durrance, Evans, Fagan, Felton of Bartow, Fortner, Fordham, Greene of Clay,

Morgan, Moye, McMichael, Norris, Page, Perkins, Pickett, Pittman,

\Veil, Whaley, West, Whelchel, Williams of Upson, Wilcox, \Vilson.

Those voting in the negative were :Mel'!srs.-

Atkinson, Berner, Birch more, Candler, Chappell, Clay of Cobb, Duggom, Felton of Bibb, Felton of Macon, Featherston, Foute, Gordon, Harrell of Decatur,

Harper, Henderson, Hughes, Iler,
~Jones,
Lntnnr,
~IcGarrity, ~IcKibben,
Newton,
~ichols,
Olive,. Parker,

Perry, Ray, Reilley. Hussell of l'olk, Smith of ,Jefferson, Tate, Terreil, Thomas, 'N atts, Way, Williams of Harris, \Vor.<ham.

Those not voting were Messrs.-

Adams of Elbert, Adams of Greene, .Bailey, Black, Bray, Brown of Henry, Brown of Cherokee, Brewster, Cook, Crawford, DuBose, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Glenn, Greene of Madison, Gresham, Hagan, Hale,

Harrison of Franklin, .:\IeCord,

Harrison of Quitman, :"lieLane,

Harris of Catoosa,

~lcGhee,

l:larris of Columbia, }lcLendon,

Harvey,

"'1-IcUleskey,

Hawkins,

Peeples,

Henry,

Heid,

Hill of Meriwether, Rich,

Holland,

Simtnons,

Holleman,

Sin1s,

Howard,

Smith of Crawford,

Howell,

Smith of Gwinnett,

Humphries of Brooks, Stevens,

Humphries of Cline::- Stewart of }fitclwll,

Hunt,

Stewart of .:\!arion,

.Johnson of Screven, Taylor,

Key,

' 7 aughn,

Little of Talbot,

Veazey,

Lumsden,

Vining,

Mauney,

\Valker oi Floyd,

Mills,

Wheeler,

l.l50

JouRNAl. oF THE HousE.

Ham,

Mixon,

Harrell of Webster, Monroe,

Williams of Jackson, Mr. Speaker.

Yeas 68. Nays 37. Not voting 69.

So the resolution was adopted.

By unanimous consent, the following resolution was taken up and read the second time and recommitted to the Committee on Finance, to-wit :

A resolution relating to the property of the State, known
as the 'Vestern and Atlantic Railroad, etc.

The House then adjourned until to-morrow morning at 8 o'clock.

ATLANTA, GEORGIA,
Thursday, October 13, 1887.

The House met pursuant to adjournment; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :
Those present were Messrs.-

Adam of Elbert, Adams 11f Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster,

Hale, Ham Hand, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harper, Harris of Catoosa, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Howell,

Olive, Page. Parker, Perkins, Perry, Pickett, Pittmau, Preston, Ray, l{awls, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell ot Clarke, Russell of Polk,

THURSDAY, OcTOBER 13, 1887.

115J.

Buchan, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Featherston, Fortner. Fordham, Foute, Gamble, Gardner, Gibson, Gordon, Green of Clay,

Hughes, Huff; Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, Jones, Kenan, Kennedy, Key, Lamar. Lanier, Little of Talbot, Lumsden, Madden, Mathews Mauney, Mixon, Monroe, Morgan, Moye, McCord, McLane, .McGhee, McGarrity, McLendon, McKibben, McCleskey,

Schofield, Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stovall, Strickland, Tate, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Putnam. Watts, Watson, Way, Wei!, Whaley, West, Wheeler. Whelchel, Williams of Harris, Williams of Jackson,
Williams of Upson, Wilcox,

Greene of Madison, McMichael,

Wilson,

Griffith,

i~ewton,

Worsham,

Grindle,

Nichols,

Mr. Speahr.

Hagan,

Norris,

Those absent were Messrs.-

DuBose,

Harvey,

Reid,

Franklin of .Fannin, Howard,

Stewart of Mitchell,

Franklin of Thomas, Hunt,

Stewart of Marion,

Glenn,

Kimbrough,

Taylor,

Gresham,

Mills,

Vining,

Harrison of Franklin, Peeples,

Walker of Floyd.

Harris of Columbia,

Mr. Hutchison, chairman of the Committee on Journals,

reported that the Journal had been examined and found correct.

The Journal was then read and approved.

1.152

JouRNAL oF THE HousE.

Leave of absence was granted to the following members, to-wit : Messrs. Watts, Black, Harris of CatooRa and Kimbrough.
By unanimous consent, House bill No. 3-!6 was taken from the table and reinstated upon the calendar.
By unanimous consent, the following bill was read ,the third time; th~~ report of the committee was agreed to; upon the passage of the bill the yeas were 87, and nays 1 ; not teceiving the requisite constitutio1tal majority the bill was lost, to-wit:
A bill to incorporate the Catoosa Springs Company, witb power to construct a railroad.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:
Mr. Speaf.:er:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to make an appropriation to pay M. D. Weeks, of the county of Mitchell, for an artificial arm, under an act approved December -!, 1866; passed by the requisite constitutional majority ; yeas 30, nays 0.
Also, a bill to make an appropriation to pay Madison M. Carswell, of Clir.ch county, for an artificial arm, under an act apprvved December 4, 1866; passed by the requisite constitutional majority; yeas 33, nays 0.
Also, a bill to make an appropriation to pay Chas. S. McCall, of ~Wilcox county, for an artificial leg, under an act approved December 4, 1866; passed by the requisite constitutional majority; yeas ~8, nays 0.
Also, a bill to make an approrriation to pay Moses Tomlinson, of Clinch county, for an artificial leg, under an act approved December 4, 1866; passed by the requisite constitutional majority, yeas 28, nays 0.
Also, a bill to incorporate the Albany Street Railroad Company; pas<;ed by the requisite constitutional majority; yeas 28, nays 0.

'' .

THURSDAY, OcTOBER 13, 1887.

1158

Also, a hill to amend an act to incorporate the Bruns-

wick Street Railroad Company and to define its rights,

powers and privileges; passed by the requisite constitu-

tional majority ; yeas 25, nays 0.

Also, a bill to amend an act entitled an act to incorpo-.

rate the Rome and Northeast Railroad Company, and for

other purposes; passed by the requisite constitutional ma-

jority; yeas 24, nays 0. Also, a bill for the protection of game, insectivemus

birds and bird::> of song for the county of Montgomery;

passed by the requi!'lite constitutional majority; yeas 27,

nays 0. Also, a bill to prohibit hunting or fishing on the lands

of another in Wayne county without the consent of the

owner of the land; passed by the requisite constitutional

majority; yeas 24, nays 0.

Also, a bill to amend an act entitled an act to provide

a Board of Assessors of real and personal property subject

to taxation for the county of Richmoud, and for other pur-

. poses; passed by the requisite constitutil)nal majority ; yeas

25, nays 0.

Also, a bill to amend an act entitled an act to establish,

in the county of Richmond, a Reformatory Institute ; to

provide for the maintenance and support of the same, and

for other purposes, approved October 5, 1885, etc. ; passed

by the requisite constitutional majority; yeas 28, nays 0.

Also, a bill to incorporate the town of Blue Ridge; passed
by the requisite constitutional majority, yeas 28, nays o.

Also, a bill to provide for the registration of the legal

voters of Laurens county; to provide a penalty for illegal

oting or attempting to vote illegally; passed by the req ui-

site constitutional majority ; yeas 26, nays 0.

Alsu, a bill to amend an act entitled an act to consolidate,

amend and codify the various acts incorporating the city of

Rome, and for other purposes; passed by the requisite con-

stitutional majority ; yeas 27, nays 0.

The Senate has also passed the following bills of the

73

.

1154

JouRNAL oF THE HousE.

House, with certain amendments, by the requisite eonstitutional majority, to-wit:
A bill to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes; _passed by the requisite constitutional majority ; yeas ~5, nays 0.
Also, a bill to incorporate the Peoples' Bank of Jefferson ; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also, a bill to continue in force an act entitled. an act to incorporate the Georgia Insurance Company, approved December 20, 1860; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to incorporate the Hartwell Loan and Savings Bank, and for other purposes; passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to declare the Chattahoochee River a navigable stream, for certain purposes, up to the mouth of Duke's Crf!ek, in this State, and for other purposes.
The Senate has also passed the following bills of the Senate, by the requisite constitutional majority, to-wit:
A bill to facilitate the publication ofthe Georgia Reports, and for other purposes; passed by the requisite constitutional majority; yeas 31, nays 0.
Also, a bill to incorporate the Gainesville and Columbia Railroad Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill w incorporate the Monroe Banking, Loan and Guaranty Company, and for other purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate recedes from the amendments in which the House refused to concur to the following bill of the House, to-wit :
A bill to amend an act entitled an act to create and or-

THURS:OAY, OcroRER 13, 1887.

1155

ganize a new Judicial Circuit of the Supetior Courts of this State, approved September 8, 1885, by stl'iking therefrom the proviso at the end of the first section thereof and by adding to said Stone Mountain Circuit the county of
Douglas.
The Senate concurs in House amendment to Senate amendment to the following bill of the House, to-wit :
A bill to amend an act entitled an act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, after submitting the same to the qua)ified voters of said county, and for othet purposes.

Mr. Russell of Clarke, chairman of the r:ommittee on Banks, submitted the following report:

Mr. Speaket:

The Committee on Banks have had under consideration

the following bill, which they instruct me to report back to

the House, with the recommendation that the same do pass,

to-wit:



A bill to be entitled an act to incorporate the Planters' Bank of Ellaville, Schley county, Georgia.
Respectfully submitted . R. B. RussELL, Chairman.

The hour for the special order having arrived, upon motion of Mr. Berner, the special order was taken up, which was the further consideration of House bill No. 834.
Upon motion of Mr. Harrell, of Webster, the bill was considered by sections.

Upon the amendments proposed and the passage of the bill, the previous question was called, which call was sustained, and the main question ordered.
The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.
Upon the passage of the bill, the yeas and nays were called for, which call was sustained.

1156

JouRNAL oF THE HousE.

Upon the call of the roll of the House, the following is
the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brewster, Buchan, Clay of Walton, Coggins, Comer, Coney, Crawford, Darden, Dodgen, Durrance, Evans, Felton of Bartow, Fortner, Fordham, Gamble, Gibson, Green of Clay, Griffith, Grindle, Hale. Hand,

Harrell of Decatur, Harrell of Webster, Harper, Hawkins, Hayes, Henry, Henderson, Hi!. d Meriwether, Holland, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of Screven, Kenan, Kennedy, Key, Lamar, Lanier, Madden, l\'[athews, Mixon, Monroe, Morgan, Moye, McLane,
~IcGhee,
l\fcGarrity, McKibben, .McMichael,

Newton, Norris, Olive, Page, Perry, Pickett, Preston. Reynolds, Rich, Rountree, Russell of Polk, Schofield. Simmons. Smith of Jefferson, Stevens, Stewart of Rockdale, Stovall, Strickland, Tate, Terrell, Th(mas, Vaughn, Vickers, Walker of Putnam, Wei!, Whaley, West, Wheeler, Williams of Harris, Williams of Jackson, Wilson, Worsham .

Those voting in the negative were Messrs.-

Belt. Brown of Cherokee, Calvin, Candler, Chappell, Clay of Cobb, Cook, Denney,

Harrison of Quitman. Harris of Catoosa, Hill of Wilkes, Holleman, Howell, Johnson of DeKalb, Johnson of Echols, Jones,

Nichols, Perkins, Rawls, Russell of Chatham, Shewmake, Sims, Smith of Ur"wford, Veazey,

THURSDAY, OCTOBER. 13, 1887.

1157

Duggan, .Fagan, Felton of Bibb, Felton of Macon,

Lumsden. McCord, McLendon, McCleskey,

Watson, Way, Wilcox.

Those not voting were Messrs.-:-

Adams of Greene, Bailey, Cameron, DuBose, Featherston, Fonte, Franklin of Fannin, . 'Franklin of Thomas, Gardner, Gordon, Glenn, Greene of Madison, Gresham, Hagan,

Ham, Harrison of Franklin, Harris of Columbia, Harvey,. Howard, Hunt, Kimbrough, Little of Talbot, Mauney, Mills, Parker, Peeples, PUtman, Ray,

Reid, Reilley, Hussell of Clarke, Smith of {}lynn, Smith of Gwinnett. Stewart of Mitchel Stewart of Marion Taylor, Vining, Walker of .I!' loyd, Watts, Whelchel, Williams of Upson. Mr. Speaker.

Yeas 97. Nays 3.5. Not voting 42.

Having received the requisite constitutional majority, the bill passed, by substitute, as amended, to-wit:
A bill to provid'-' for additional supervision of railroads in this State, and to render less hazardous thfl transportation or storage of persons and property by them ; to provide a penalty for its violation, etc.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.

House resolution No. 121, which was also a special order

of the day, was taken up.

.

The resolution was read the third time.

Mr. Felton, of Bartow, offered a substitute in lieu of the original.

Mr. Coggins called for the previous question, which call

was sustained and the main question ordered.

The substitute offered by Mr. Felton, of Bartow, was

adopted, as amended, in lieu of the original, and the resolu-

tion passed, by suhstitute, as amended, by the requisite con-

stitutional majority, yeas 111, nays 10, to-wit:

1158

JouRNAl. oF THE HousE.

A resolution for the sale or lease of the Western and Atlantic Railroad, etc.
Upon motion, the resolution was ordered to be immediately transmitted 1.o the Senate.
Mr. Tate offered the following resolution, which was read and adopted, to-wit:
WHEREAS, House bill No. R96 has been lost, and the copy hereto attached is a copy of the same.
Resolned, That the copy hereto attached, be and the same is hereby established in lieu of the original bill.
Upon motion of Mr. Gardner, House bill No. 828 was withdrawn.
Upon motion, the House adjourned until 2:30 o'clock p.m.

2:30 O'CLOCK, P. M.
The House met pursuant to adjournment, and was called to order by the Speaker.
The roll was called and a quorum wasJound to be present.
By unanimous consent, Mr. Glenn was allowed to have his vote recorded in House resolution No. 121, which was passed by tht~ House during the morning session, and his vote wa>; recorded no, as requested.
By unanimous consent, House bill No. 381 was recommitted to Committee on Special Judiciary.
Upon motion of Mr. Chappell, Hou:,;e bill No. 217 was taken up, and the House refused to 1eeede from its amendments to said bill and request a Committee of Conference to be appointed.
The Speaker announced the following members on the part of the House as the Committee of Conference on House bill No. 217, Messrs. Chappell, Gordon, Clay of Cl)bb, Walker of Putnam and Adams ot Elbert.
The following resolution' wail read the third time; the

THURSDAY, OCTOBER 13, 1887.

1159

report of the committee was agreed to, and the resolution passed, as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit :
A resolution to discharge from the Lunatic Asylum, Bnnk Gunn of Houston county.
Upon motion the resolution was ordered to be immediately transmitted to the Senate.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

M1. Speaker:
The Governor has approved the tollow,ing acts, to-wit:
An act to appropriate five thousand dollars to the U niversity of Georgia, to complete its branch college building at Dahlonega, and to supply the same with school furniture and to enclose the grounds.
Also, an act to authorize the Ordinaries of the several
counties ofthis State, to issue fl. fas. for their fees and
costs, and to prescribe for the direction and return and enforcement of the same.
Also, an act to appropriate the sum of five thousand dollars, or so much thereof as may be necessary, for the purpose of repairing the buildings of the University of the Sta~ of Georgia.
Also, an act to appropriate the sum of three thousand five hundred dollars to the University of Georgia, for the purpose of enabling the Trustees theteof, to complete and furnish the buildings of the branch of said UniYersity at Thomasville.
Also, an act to amend section 4600 of the Code of 1882. Also, an act to amend an act entitled an act for the protection of deer, partridges and wild turkeys, in the counties of Chatham and Bryan, etc., during certain season<;, and the act amendatory thereof, applying the provisions of said act to Fulton and other counties, so far as to strike out the

1160

JouRNAL OF THE HousE.

word" October" in section 1, of !>aid original act, and insert

in lieu thereof the word "November," and to apply this

amendment to Fulton county.

Abo, an act to approptiate the sum ofthirty-five hundred

dollars for the repairs of the old capitol building now

used by the Middle Georgia Military and Agricultural Col-

lege in Milledgeville, Georgia.

Also, an act to provide for the appointment of a Special

Board of Visitors to the University of Georgia; to prescribe

their duties and powers; to fix their compensation, and for

other purposes.

Also, an aet to prescribe the time within which taxji.jas.

may be enforced, and for other purposes.

Also, an act to incorporate the Marietta Insurance Cum- .

pany, and for other purposes connected therewith.

Also, an act to provide for the registration of the quali-

fied voters of the county of Irwin, and for other purposes.

Also, an act to amend an act, approved March 3, 1874,

incorporating the town of Thomasville, so as to empower

the Mayor to f'entence offenders to work on the fltreets, and

for other purposes.

Abo, au act to repeal section 4698 of the Code of 1882,

and to substitute in lieu thereof another section.

Also, an act to authorize the Trustees of the Elbert

County Male Acadt>my to sell the property belonging to

said Academy; to invtst the proceeds of said sale, and for

other plll'poses.



Also, an act to amend an act to inc01porate the Com-

mercial Bank of Albany; approved December 11, 1871.

Also, an act to ratify and confirm and amend the charter

of tbe town of Chokee, in Lee county, Georgia.

Also, an act. to amend the charter of Ameticus, Georgia.

Also, an act to amend the charter of the city of Griffin

and the acts amendatory thereof.

The GoYernot has also approved the following resolu-

tions, to-wit :

A resolution for the relief of R. M. Tyson, former Tax:

Collector of Glynn county.

THURSDAY, OCTOBER 13, 1887.

1161

.Also, a resolution for the relief of James H. Tootle, of the county of Montgomery.
Also, a resolution for the relief of John B. Paulk, of the county of Irwin.
Also, a resolution to relieve C. C. Thorp and J. W. Knight, of Johnson county, from further term of a criminal bond.
The following bill was read the third time; the report of the c~1mmittee was agreed to; upon the passage of the bill the previous question was called, which call was sustained and the main question .ml.ered; the yeas and nays were called for, which call was not sustained; upon the passage of the bill, the yeas were 64 and nays 26 ; not receiving the requisite constitutional majority, the bill was lost, to-wit:
A bill to provide an additional system of working public roads in Camden county, and for other purposes.
The following bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to exempt one hundred and twenty-five members of the Atlanta Rifles from jury duty.
The following bill was read the third time; the report of the eommittee was agreed to ; the proper legal proofs were exhibited, and the bill p:1ssed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to reqnirP the County Commissioner;;; of Fulton county to surrender the amount of tund:; now in the hands of the County Treasurer, arising from the sale of fences which were the dividing lines between Fulton and DeKalb ' counties, and to give the same to the districts from which the tax was levied for the erection of the same.
The following bill was read the third time; the repo_rt of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed as amended by the requisite constitutional majority, yeas 90, nays 0, to-wit:

1162

JouRNAL OF THE HousE.

A bill to amend an act, to constitute the Judge of the City Court, in the county of Richmond, ex-officio Commissioner of Roads and Revenues for Richmond county; to define its powers and duties, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to alter and amend an act entitled an act to incorporate the Planters Loan and Savings Bank, approved October 27, 1S70, and acts amendatory thereof, so as to authorize the corporation to change its name and do a general insurance business, etc.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to exempt fifty members of the Clarke Light Infantry from jury duty.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to amend an act to change the charter of the town of Conyers, Georgia, to that of a cily, approved August 24, 1881, so as to authorize the Mayor and Council of said city to grade, pave, macadamize and otherwise improve the streets, and for other purposes.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requil:!ite constitutional majority, yeas 89, nays 0, to-wit:
A bill to amend the registration law of Lowndes county.
The following bill wa" read the third time ; the report of the committee was agreed to; the proper legal proof~ were

~ I

THURSDAY, 0QTOBER 13, 1887.

1163

exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authorize the Ordinary of I{abersham county
to sell all insol vent tax fi. Jas. belonging to said county, etc.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-w.it:
A bill to incorporate the Pataula Banking and Cotton Company of Fort Gaines, Clay county, Georgia.
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 0, to-wit:
A bill to incorporate the Fort Valley and Dublin Railroad Company.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit :
A bill to incorporate the Piedmont Savings Bank of Atlanta, Ga.
The following bill was read the third time; the report of the committee was agteed to, and the bill passed, as amended, by the req ni.'lite constitutional majority, yeas 9.5, nays 0, to-wit :
A bill to incorporate the Jackson and Indian Spring Railway Company.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to incorporate the city of Culloden, in the county of Monroe, and define the limits of the same, etc. .

1164

JouRNAL oF THE HousE.

The following bill was read the third time; th{' report of the comrriittee was agteed to; the proper legal proofs were exhibited, and the bill passed by the requisite qonstitutional majority, yeas 92, nays 0, to-wit:

A bill for the protection of birch and other game in Newton couniy.

The following bill was read the third time; the report of the committee .was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 0, to-wit:

A bill to incorporate the Merchants and Mechanics' Banking and Loan Company of Atlanta, Georgia.

The following bill was read the third time ; the report of the committee was agreed to, and the bill passed, as amended, Ly the requisite constitutional majority, yeas 93, nays 0, to-wit:

A bill to incorporate the Mutual Loan and Banking Company.
The following bill was read t;re third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 91i, nays 0, to-wit:

A bill to incorporate the Coweta Bank, and for other

pmposes.

The following bill was read the thvd time; the report of the committee was agreed to ; the proper legal proof.'! were

exhibited, and the. bill passed by the requisite constitutional

majority, yeas 92, nays 0, to-wit:

A bill to prohibit the sale of liquors within three miles of the Baptist Church at Heph11ebah, Richmond county, in

this State, etc.

B.v

unanimous

consent' House

bill No. 695

was taken
.

from the table and reinstated upon the calendar.

Upon motion of Mr. Mathews, 200 copies of House bill No. 870 were ordered printed for the use of the House.

THURSDAY, OcTOBER 13, 1887.

1165

House bill No. 969 was taken up for a third reading, and, upcn motion, the bill was tabled.
The follo~ing bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to incorporate the'town 61 Guyton, in Effingham, county, Georgia.
The following bill was read the third time; the report of the committee was agreed to; the pl"Opet legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 2, to-wit:
A bill to make it unlawful to transport seed cotton in or out of the 1ounty of Harris, between the h01ns of sunset and sunrise, or from one place to another in said county between said hours, and to provide a penalty, etc.
The following bill was read the third time ; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to amend an act to establish a City Court in the city of Carrollton, in the county of Carroll, etc.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:
An act to define what is posting lands when required by any general or local law of this State.
Also, an act to require the owners of horse~, mules, hogs, cows, sheeps, goats and cattle and stock ~f all kinds, to prevent the same from running at large upon the lands of another whether enclosed or unenclosed in the follow-

1166

JOURNAL OF THE HoUSE.

ing militia districts in Harris county, Georgia, to-wit: 672 (Hamilton), 782 (Milners), 1186 (Upper 19th), 696 (Cataula), and 717 (Blue Spring), etc.
Also, an act to authorize and require the registration of all voters in the county of Meriwether.
Also, an act to change the time of holding Superior Court in Burke county.
Also, an act to exempt seventy of the active members of the Richmond Huzzars Military Company of Augusta from jury duty.
Also, an act to make it unlawful to prevent or attempt to prevent any per~on or persons from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation, etc.
Also, an act to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State; approved September 8, 1885, etc.
Also, an act to change the manner of electing Trustees of the Effingham Academy.
Respectfully submitted. IvY W. DuGGAN, Chairman.

Mr. Perry, chairman p1o tem. of the Committee on Special Judiciary, submitted the following report:

ltir. Speaker :
The Committee on Special Judiciary have had under consideration the following bills, which I am instructed to report back to the House with the recommendation that they do pass, to-wit:

A bill to abolish the Countv Court of Henrv county.

Also, a bill to authorize .the Mayor and Council of

Athens to lay out and widen the streets of said city, and for

other purposEs.

.

Also, a bill to authorize the Mayor and Council of

Athens to make certain assessments tor fire purposes, and

tor other purposes.

THURSDAY, OcTOBER 13, 1887.

1167

Also, a bill to authorize the Mayor and Council of Athens to levy a special tax on trades and professions,
and for other purposes. Also, a bill to authorize the Mayor and Council of
Athens to improve the streets of said city, and for other
purposes. Also, a bill to authorize the Mayor and Council of Athens
to lay and construct drains and sewers in said city, and for other purposes.
Also, a bill for the relief of Dinkey Brown, of Upson
county. Respectfully submitted. JoHN P. PERRY, Chairman.

Mr. Calvin, chairman pro tem. of the Committee on Internal Improvements, submitted the following report:
Mr. Speaker.
The Committee on Internal Improvements have had undet consideration the following bill, which I am instructed to report back to the House, with the recommendation that it do pass, as amended, to-wit:
A bill to amend an act to incorporate the Okeefenokee and St. Mary's Canal and Drainage Company, approved October 27, 1870, and re-enact the provisions of the same.
Respectfully submitted. MARTIN V. CAIXIN, Chairman pro tem.

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 0, to-wit :
A bill to incorporate the Traders' Bank of Atlanta, Ga.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 94, nays 0, to-wit:

~.

1168

JouRNAL OJ<' THE HousE.

A bill to issue bonds for building school houses in the city of Eatonton.
House bill No. 992 was recommitted t:> the Committee on Railroad,;.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to ineorporate the town of Concord, in the county of Pike and State of Georgia ; to appoint CommisE!ioners fot the same, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to in<1orporate Tallapoosa M:de and Female Col- lege ; to provide a Board of Trustees for the same, etc.
The following bill was read the thiro time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitution~} majority, yeas 90, nays 1, to-wit:
A bill to amend an act to incorporate the Thomasville and Augusta Railway Company.
Mr. Berner, chairman of the Committee on General J ndiciary, submitted the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bill, which they instruct me to report back to the House with the recommendation that it do pass, as amended:
Senate bill No. 192, to amend section 1486 of the Code of 1882.
Also, the following bills, which they recommend do not pass, to-wit:

THURSDAY, OCTOBER 13, 1887.

1169

House bill No. 749, to amend section 4372 of the Code. Also, House bill No. 258, to provide for the payment of costs in criminal cases in .Justices Courts in Bibb county.

Also, the following bill, which they recommend do pass hy substitute, to wit :

House. bill No. 24;), to change the venue of Justices

Courts.

Also, the following bill,~which they ask be read the sec-

ond time an:l recommitted.

Respectfully submitted.

R. L. BERXER, Cha.nnan.

Mr. Gordon, chairman of the Committee on Finance, snbmittrd the following report:

Mr. Spenker:
The Committee on Finance have had under consideration the following bills and resolution, which they instruct me to report back, with the recommendation that this resolution do not pass, to-wit:
A resolution declaring the sense of the General Assembly with reference to the matters affecting the State of Georgia and the lessees of the Western and Atlantic Rail road.
They also recommend that the following bill do not pass, to-wit :
A bill to be entitled an act to regulate the charges of telephone companies for the use of telephone by subsetibers, and for other purposes.
They also recommend that the following bill be recommitted to the Committee on Railroads, to-wit:
A bill to be entitled an act to require railroad companies of this State to return their property for taxation by counties in this State; to prescribe the mode of making such returns, and'for other purposes connected therewith.
Respectfully submitted.
w~I. w. GoRDON, Chairman.
74

1170

JouRNAL OF THE HousE.

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

Mr. Speaker :
The Committee O!l General Judiciary have had under consideration the following House bills which they instruct me to report back, with the recommendation that they do not pass, to-wit:
House bill No. 236, to. declare landlords lien superior to year's support.
Also, House bill No. 151 to prescribe the manner of appointing Jury Commissioners.
Also, House bill No. 129, to amend paragraph 1, section 12, article 6, of the Constitution of 1877.
Also, House bill No. 35, to regulate the rate of interest, and for other purposes.
Also, House bill No. 334, to provide for suits for homicide, and for other purposes.
Also, House bill No. 29, to amend the election laws of this State.
Also, House bill No. 336, to provide additional mode of defending distress warrants.
Also, House bill No. 235, to provide for taking depositions in certain cases.
Also, House bill No. 181, to repeal section 1885 of the Code.
Also, House bill No. 293, to provide when public laws shall go into eftect.
Also, House bill No. 238, to provide for suspension of sentence in certain cases.
Also, House bill No. 292, to require prepayment of costs in divorce cases.
Also, House bill No. 375, to provide how accounts shall be made out by the Principal of the Academy of Deaf and Dumb.
Also, House bill No1 263, to prevent railroad companies from depriving courts of this State of jurisdiction.

THURSDAY, OcTOBER 13, 1887.

1171

Also, House bill No. 204, to create a Board of Equalization of real and personal property.
Also, Honse bill No. 715, to amend section 710 of the
Code. Also, House bill No. 683, to amend section 70t! of the
Code. Also, House bill No. 178, to require Sheriff's entries to
be recorded, and for other purposes. Also, House bill No. 449, to allow bona fide purchasers
the value of improvements. Also, Honse bill No. 200, to authorize the sale of insol-
vent tax fi. fas.
Also, House bill No. 774, to authorize the Governor to submit to the .people the question of the sale of the Western and Atlantic Railroad.
Also, House bill No. 990, to vest exclusive jurisdiction in bastardy cases in the Ordinary.
Also, House bill No. 735, to more fully protect those who may work on real estate.
Respectfully submitted. R. L. BERNER, Chairman.
The following bill was read the third time; the repott
of the committee was agreed to, as amended; the proper legal prouts were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit :
. A bill to incorporate the town of Collinsville, in DeKalb and Rockdale counties.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the hill passed by the requisite constitutional majority, yeas 97, nays 0, to-wit:
A bill to incorporate the town of Bluffton, in the county of Clay, and State ofGeorgia, 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 93, nays 0, to-wit:

1172

JouRNAL OF THE HousF,

A bill to incorporate the Atlanta Suburban Railway Company, etc.
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 0, to-wit:
A bill to incorporate the Albany and Bainbridge Railroad Company.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to amend an act to establish a system of public tree schools in the city ot Athens, Ga.
The following bill was read the third time; the report of the committee was ag1eed to; the propPr legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:
A bill to prohibit the sale of cotton in the seed in Monroe or any militia district 'therein, to provide for submitting the same to the people, and for other purposes.
The foll~wing bill was read the third time ; the report of the committee was agreed to; the bill passed by the requisite constitutional majority, yeas !11, nays 0, to-wit:
A bill to incorporate the Tallulah Falls Railroad and Improvement Company.
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 O, to-wit:
A bill to incorporate the Waynesboro Loan and Improvement Company, etc.
The followin(J' bill was rear! the third time; the report of b
the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:

THuRsDAY, OcTOBER 13, 1887.

1173

A bill to incorporate the Blue Ridge Banking, Loan and Trust Company.
Leave of absence was granted to the following members, to-wit: Messrs. Glenn, Hagan, Williams of Jackson and Adams of Elbert.
The House then adjourned until 7:30 p. m.

7:30 O'CLOCK P. M.
The House met pursuant to adjournment and was called to order by the Speaker.
Upon motion the roll call was dispensed with. The following Senate bills were read the first time, and appropriately referred to-wit: By Mr. WoffordA bill to incorpomte the Gainesville and Columbia Railroad Company. Referred to Committee on Railroads.
By Mr. HawkesA bill to incorporate the Munroe Banking, Loan and
Guaranty Company. Referred to Committee on Banks.
By Mr. HawkesA bill to change the time of holding the fall term of the
Superior Court of the county of Gwinnett, in the Western Judicial Circuit, etc.
Referred to Committee on Special Judiciary.
By Mr. BtantleyA bill to facilitate the publication of the Georgia Re-
ports, etc. Referred to Committee on General Judiciary.
The following Senate bills were read the second time, to-wit :
A bill to prevent the running at large of all hotses,
mules, cattle, sheep, goats and swine, m Crawford county, etc.

1174

JouRNAL oF THE HousE.

Upon motion, the bill was recommitted to Committee on Counties and County Matters.
Also, a bill to amend the. charter of originally the Marietta and North Georgia Railroad Company, now by consolidation .the Marietta and North Georgia Railway Company, to increase its rights, powers, etc.
Upon motion, the bill was recommitted to Committee on Railroads.
, Also, a bill to amend se.ction 4578 of the Code of 1882
so as to allow railroads in this State to give prompt, continuous and uninterrupted transportation to shipment of watermelons, and other fruits, etc.
Upon motion the bill 'vas recommitted to Committee on Railroads.
The following bill was read the second time; the report of the comm.ittee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit:
A bill to bettet protect the lives and persons of passengers and emp1oyees on railroad tmins against accident by prohibiting the running of trains within this State by overworked officers and employees, etc.
Mr. Olive, chairman p1o tem., of Committee on Corporations, submitted the following report:
Mr. Speaker : The Committee on Corporations have had under consid-
eration Senate bill 179, entitled an act to authorize the City Council of Augusta to eollcct by execution, to be enforced and to have the same lien, upon the premises in or upon which the water may be used, etc., which they instl'Uct me to repott back to the Hou~:>e with the .recommendation that
it do pass. Also, Sen11te bill No. 178, entitled an act to authorize the
City Council of Augusta to grade, pave, macadamize and otherwise improve the streets of Ai.1gusta, etc., which they instruct me to report back to the House with the recommendation that the same do pass as amended.
Respectfully submitted.
J. T. OLIYE, Chairman pro tem.

. THURSDAY, OcroBER 13, 1887.

1175

The following Senate bill was read,the second time, to-
wit:
A bill to authorize the city or town which contains the court house in each county that hai:i or may hereafter prohibit the sale of intoxicating liquors under provisions of the act of the General Assembly of Georgia, approved September 188-, when so recommended by a majority of two successive grand juries, to keep on hand and supply residents of such county, spirituous, vinous or malt liquors for medicinal and sacramental purposes, etc.
Also, a bill to amend section 1486 of the Code of Geotgia. The following House bills were read the second time. to.. wit:
A bill to change the name of Justice Courts, etc. Also, A bill for the relief of Dinky Brown, of Upson county. Also a bill to abolish the County Court of Henry county, Georgia. Also, a resolution for the relief of Samuel J. Hunt, Tax Collector of Harris county. Also, a resolution for the relief of the Mutual Reserve Fund Life Association. Also, a bill to amend section 1970 of the Code. Also, a hill to repeal the general law for incorporation of railroads by the Governor and Secretary of State. Also, a bill to lease the t\tate Reserve, known as the Indian Spring Reserve, etc. Upon motion, the bill was recommitted to the Committee on General Judiciary.
Also, a bill to amend an act to incorporate the Okefenokee and St. Mary's Canal and Drainage Company, approved October 27, 1870, etc.
Also, a bill to amend an act incorporating the town of Jug Tavern, etc.
Also, a bill to incorporate the Planters Bank ofEilaville, Schley county, Georgia.
Also, a bill to amend an act to provide for the registra-

1176

JoURNAL OF THE HousE.

tion of the legal voters of Dodge county, etc., approved Octobet 12, 1885.

By unanimous consent, Senate bill No. 137 wa!'> recom-

mitted to Committee on General Judiciary.

.

Mr. Harrison, chairman of the Committee on Corporations, submitted the iollowing report:

Mr. Speaker:
The Committee on Corporations have had under consideration the following bill ot the House, which l' am directed to report back, with the recommendation that it do pass, as amended, to-wit:
A bill to amend an act creating a Board of Commissioners of Commons, of Columbus, so as to authorize the sale or lease of certain lands granted for railroad purposes under conditions named. Proofs correct.
Respectfully submitted. WILLIAM HARRISON, of Quitman, Chairman.
The following bill was read the second time; the report of the committee, which was adverse tu the passage of the bill, was agreed to, and the bill was lost, to-wit:
A bill to provide for the payment of costs in criminal cases in the Justice Courts of Bibb county.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to authorize the Mayor and Council of the city of Athens to lay ont and widen the streets of said city.
By unanimous consent, House bill No. 651 was withdrawn.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proof& were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:

THURSDAY, OcTOBER 13, 1887.

1177

.A bill to authorize the Mayor and Council of the city of .Athens to levy a special tax on the several trades and professions -in said city, etc.

The following bill was read the third time ; the report of the committee was agreed to ; the ptoper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays O, to-wit:

.A bill to authorize the Mayor and Council of the city of .Athens to grade, pave, mecadamize and otherwise improve the streets of said city.

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :

.A bill to authorize the Mayor and Council of the city of Athens to lay and construct drains and sewers in said city, to authorize the taking of private property for such purposes, etc.

The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amendefl, by the requisite constitutional majority, yeas 88, nays 0, to-wit:

.A bill to amend an act to vest the title to the commons ofthe city of Columbus in Commissioners.

The following bill was read the third time; the report of the committee was agreed to, which was favorable to the pas~age of the bill; thl proprr lrgal proof..; wrrr Exhib-
ited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:

A bill to establish a new charter for the town of CamiJla, in the county of Mitchell; to grant certain powers, etc.

The following hill was read the third time ; the report of the committee was agreed to, and the bill passed, a~; amend-

ed, by the requisite constitutional majority, yeas 89, nays 0,

to-wit:



1178

JouRNAL oF THE HousE.

A bill to incorporate the Hepzibah and HawkiJ;Isville Railroad Company.
The. following resolution was read and adopted, to-wit:
A resolution to require the Governor to instruct the Attorney General to examine into the transfer by Foster Blodgett of certain rights to the Western Union Telegraph Company, etc.
Mr. Harrison, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under consideration the following Senate bills, which I am instructed to report back to the House, with the recommendation that they be read the second time and recommitted, to-wit:
A bill to incorporate the Georgia Title, Insurance, Trust and Guarantee Company, and to define its powers.
Also, a bill to incorporate the Atlanta Mortgage Guarantee Company.
The committee have also had under consideration the following House hill, which I am instructed to return to the House, with the recommendation that it do not pass, to-wit:
A bill to repeal an act incorporating the town of Hampton ; approved August 23, 1872, and the acts ainendatury thereof, and for other purposes.
Respectfully submitted. w~. HARRISON, of Quitman, C~airman.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the :equisite constitutional majority, yeas 88, nays 0, to-wit:
A hill to make it illegal to fish with seines in the Allapaha River and its tributaries in the county of Wilco~, etc.
Upon motion, House hills Nos. 1017 and 1022 were tabled.
The following bill was read the third time ; the report of

FRIDAY, OcToBER 14, 1887.

1179

the co~mittee was agreed to; the proper legal proof.-, were exhibited, and the bill passed, as amended, by the rPquisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to prohibit the manufacture and sale of any spirituous, vinous, malt or other intoxicating liquors in the 746th district G. M., of Coweta county, Georgia, etc.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the hill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit :
A bill amending the charter of the city of Dawson, m Terrell cour1ty..
Leave of absence was granted to Mr. Blalock.
The House then adjourned until to-morrow morning at 8 o'clock.

ATLANTA, GEORGIA,
Friday, October 14, 1887.
The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplain.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Blalock,

Ham, Hand. Harrell of De.::atur, Harrell of Webster, Harrison of Fianklin, Harrison of Quitman, Harper, Harris of Catoo~a, Hawkins, Hayes,

Olive, Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray,

1180

JouRNAL OF THE HousE.

Brady, Branch, Bray, Brown of Henry, Brown of ()herokee. Brewster, Buchan, Calvin, Cameron, Candler, Chappell, Olay of Cobb. Clay of Walton, Coggins, Comer, Coney, Cook. Crawford, Darden, Denny, Dodgen, DuBose, Duggan, Durrance, Evans. Fagan, Felton of Bartow. Felton of Bibb, Felton of Macon. Featherston, Fortner, Foute, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Ulay, Green of Madison. Griffith, Grindle, Hagan, Hale,

Henry,

Rawls,

Henderson.

Reid.

Hill of Meriwether, Reilley,

Hill of Wilkes,

Reynolds,

Holland,

Rich,

Howard.

Rountree

Howell,

Russell of Chatham,

Hughes,

Russell of Clarke,

Huff,

Russell of Polk,

Humphries of Brooks, 8chofield,

Humphries of Clinch, Shewmake,

Hutchison,

Simmons,

Iler,

Sims,

Johnson of DeKalb. Smith of Crawford.

Johnson of Echols, t-lmith of Glyn11,

,Johnson of Screven. Smith of Gwinnett,

Jones,

Stevens,

Kenan,

Stewart of Rockdale,

Kennedy,

Stewart of Marion,

Key,

Stovall,

Kimbrough,

StrickJar d,

Lamar,

Tate.

Lanier,

Taylor.

Little of Tnlhot.

Terrell,

Lumsden,

Thomas,

Madden,

Veazey,

11atthews,

Vickers,

Mauney.

Walker of Floyd,

)!ills.

Wttlker of Putnam,

)[ixon,

Watts,

Monroe,

Watson.

Morgan,

Way,

Moye,

Wei],

McUord.

Whaley,

McLane,

West,

McGhee,

Wheeler,

McGarrity,

Whelchel,

McLendon, McKibben,

Williams of Harris, Williams of Upson,

McMicha'll,

Wilcox.

Newton,

Wilson.

Nichols.

Worsham,

Norris,

Mr. Speaker.

Tho><e absent were .Messrs.-

Black, Fordham.

Harris of Columbia, Smith ot J etrerson.

Harvey,

Stewart of Mitchell,

FRIDAY, OCTOBER 14, 1887.

1181

Franklin of Funnin, Franklin of Thomas, Gresham,

Holleman. Hunt, }lcCleskey,

Vaughn, Vining, Williams of Jackson.

Mr. Ham, of the Committee on Journals, reported

that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave ot absence was granted to the following members, to-wit: Messrs. Evan~, .Fordham, Smith of Jefferson, Weil, Harris of Columbia, Williams of Upson, Clay of Walton
and Brewster.

Mr. Brown, of Cherokee, gave notice that he would move to reconsider House bill No. 10!35.

Mr. Wilson gave notice that at the proper time he would move to recon~ider the action of the House had on yesterday as relates to House bill No. 932.

Mr. Ham offered the following resolution which was read .and adopted to-wit:

Resolved, That the Superintendent of Public Buildings be requested to have the Hall ofthe House of Representatives properly heated to insure the comfort of mem hers, etc.

Upon motion of Mr. Brown, of Cherokee, the action of the House had on yesterday on House bill No. 1035 waf' reconsidered.

Mr. Wilson mov~d to reconsider the action of the House had on yesterday as relates to House hill No. 932, which motion was lost.

By unanimous consent, the following bill was read the third time; the teport of the committee was agreed to, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit:

A hill to incorporate the Catoosa Springs Company with power to construct a railroad.

Mr. Veazey offered the following resolution, which was read and referred to the Committee on Temperance:

1182

JouRNAL oF THE HousE.

A resolution looking to the establishment of an inebriate asylum in this State, and for other purposes.
By unanimous consent, House bills Nos. 634 and 660 were taken from the table and reinstated upon the calendar.
The following resolution, No. 219, was taken up for a third reading; as the same provided for an appropriation, the committee resolved itself into a Committee of the Whole House, Mr. Perkins in the chair.

Mr. Speaker:

The Committee of the Whole House have had under consideration House resolution No. 219, which they instruct me to report back with the recommendation that the same do pass as amended.

The following resolution was then read the third time; the report of the committee was agreed to; upon the passage ot the bill it was necessary that the vote should be taken by yeas and nays, as the resolution provided for an appropriation.

Upon the call of the roll of the House, the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Belt, Berner, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Uandler, Clay of Uobb, Ulay of Walton, Coggins,

Ham, Hand, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper. Hawkins, Henry, Henderson, Hill of Meriwether, Holland, Howard, Howell, Hughes, Huff. Hutchison, Iler,

Nichols, Norris, Olivo, Page, Parker, Peeples, Perkins, Perry, Pickett, Preston, Ray, Rawls, Reid, Reilley, Rich, Rountree, Russell of Polk,

FRIDAY, OcTOBER 14, 1887.

1183

(Jomer, Coney, Crawford, Denney, Dodgen, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Fortner, Jl'ouie, Gamble, Gardner, Gibson, Gordon, Greene of Madison, Griffith, Grindle, Hagan, Hale,

JohnRon of DeKalb, Johnson of Echols, J ohnsor. of Screven, Jones, Kenan, Kennedy. Key, Kimbrough, Lanier, Little of Talbot. Lumsden, Madden, Mathews, Mauney, Mixon. Monroe, Morgan, Moye, McCord, McLane, McGarrity, McMichael, Newton,

Schofield, Shewmake, Simmons, Sims, Smith of Gwinnett, Stevens, Stewart of Rockdale, Strickland, Tate, Terreil, Thomas, Vaughn, Veazey, Vickers, Walker of Putnam, Watts, Wei!, Wheeler, Williams of Harris, Wilcox, Wilson, Worsham.

Those not voting were Messrs.~

Adams of Greene, Ashley, Atkinson, Bailey, Birchmore, Black, Blalock, Chappell, Cook, Darden, Evans, Featherston, Fordham, Franklin of Fannin, Franklin of Thomas, Glenn, Green of Clay, Gresham,
Harrell of Decatur,

Harris of Catoosa,

Russell of Clarke,

Harris of Columbia, Smith of Crawford,

Harvey,

Smith of Glynn,

Hayes,

Smith of Jefferson,

Hill of Wilkes,

Stewart of Mitchell,

Holleman,

Stewart of Marion,

Humphries of Brooks, Stovall,

Run.phries of Clincn, Taylor,

Hunt,

Vming,

Lamar,
ums,

Walker of Floyd, Watson,

McGhee,

Way,

McLendon,

Whaley,

McKibben,

West,

McCleskey,

Whelchel,

Pittman,

Williams of Jackson,

Reynolds,

Williams of Upson

Russell of Chatham, Mr. Speaker.

Yeas 119. Nays 0. Not voting 55.

1184

JouRNAL oF THE HousE.

Having received the requisite constitutional majority, the resolution passed, as amended, to-wit:
A resolution authorizing the Treasurer to pay to the widow of Hon. M. A. Hart, deceased, late Representative from Troup county, the balance of per diem and mileage which would have been due him for the entire session.
By unanimous consent, the following bill was taken from the table and read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit:
A bill to con,olidate, amend and supetsede the acts incorporating the town of Lincolnton, in the county of Lincoln, to provide for Mayor and Councilmen, etc.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

M1. Speaker :

The Committee on Enrollment repotts as duly enrolled, and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:

An act to incorporate the Title, Gnrantee and Loan Com-

pany of Savannah.

.

. AJso, an act to settie and define county lines in this State,

where differences may exist between counties as to the

boundaries thereof.

Also, an act to incorporate the Montezuma Steamboat

Company.

Also, an act to amend section 3322 of the Code of Georgia.

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

rate the Rome and Northeast Railroad Company, etc;,

approved December :20, 1886.

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

rate the Brunswick Street Railroad Company.

Respectfully submitted.

IvY W. DuGGAN, Chairman.

FRIDAY, OcTOBER 14, 1887.

1185

Mr. Harrison, 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 return to the House with the recommendation that it do pass,.
to-wit :
A bill to amend an act incorporating the West End and East Point Street Railroad Company, and for other purposes; approved December 24, 1HR6 ; proof'l correct.
Respectfully submitted. W~L M. HARRISOK, of Quitman, Chairman.
The following message was received from the Senate,
through Mr. W. A. Harris, the Secretary thereof:

Mr. Speake1:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend the eharter of the Atlanta Home Insurance Company; passed by the requisite constitutional majority ; yea~ 30, nays 0.
Also, a bill to prevent the running at large of stock in the 882d district, G. M., in Schley county, and for other
. purposes; passed by the requisite eonstitutional majority;
yea.s 24, nays 0. Also, a bill to authorize and empower the Commission-
ers of Chatham county and e.T-ofjicio Judges to sell the site of the present court house of Chatham county and to use the proceeds of such sale in building a more commodious court house; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to authorize the Town Council of Elberton to issue bonds for the purpm;e ot erecting public school buildings in said town, and for other purposes ; passed by the requisite constitutional majority; yeas 26, nays 0.
75

1186

JouRNAL oF THE HousE.

Also, a bill for the relief ofthe estate of A. P. Dearing, late of Clarke county, Georgia, deceased, and for other purposes; passed by by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend an act entitled an act to provide for a Board of Commissioners pf Roads and Revenues, for the counties of Camden, Thomas and Echols, and for other purposes, so far as the same relates_ to Thomas county; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill authorizing the Board ot Commissionei'S of Mitchell county to submit to the qualified voters of said county the question of issuing bonds to pay for a court house; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to make the Sheriff of Decatur county e:c-o.fficio Sheriff of the County Court of said county; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to incorporate the town of Cornelia, in the county of Habersham; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend the charter of the Atlanta and Hawkinsville Railroad Company, and for other purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the Progress, Loan and Manufacturing Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate has also passed the following resolution of the Senate by the requisite constitutional majority, yeas 24, nays 0, to-wit :
A resolution directing the Governor to transmit to the Librarian of the Georgia Methodist Historical Society certain books and documents.
The Senate has also passed the following resolutions of the House by the requisite constitutional majority, to-wit:
A resolution to appropriate the sum of one hundred and

FRIDAY, OCTOBER 14, 1887.

1187

fifty dollars to pay John M. Graham, Esq., for services as stenographer, passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to amend section 1589 of the Code of Georgia.
The Senate insists on its amendment to the following bill Qf the House, to-wit:
A bill to a.mend an act to levy and collect a tax for the support of the State Government and public institutions, to pay the interest on the public debt and for educational and other purposes therein mentioned, for each of the fiscal years 1887 and 1888, and to prescribe what persons, prof~ssions and property are liable to taxation ; to prescribe the method fot collecting said taxes, and for other purposes, approved December 22, 18R6, so as to change the rates and manner of taxing sewing machine companies, and others selling or dealing in sewing machines, and for other pur~ poses.
The Senate has also passed the following bills of the Hous~>, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Lexington Terminal Railroad Company; passed by the requisite constitmional majority; yeas 25, nays 0.
Also, a bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the Southern Phcenix Insur~ ance Company; passed by the requisite constitutional major~ ity; yeas 29, nays 0.
By unanimous consent, the following bill was taken from the table and the same read the third time.
Upon the amendments proposed, and the passage of the bill, the previous question was called, which eall was sus~

1188

JouRNAL OF THE HousE.

tained, and the main question ordered; the substitute was adopted in lieu of the original bill; the report of the committee was agreed to ; upon the passage of the bill the yeag and nays were called for, which call was sustained.

Upon the call of the roll of the House the following was the result of the vote:

Those voting in the affirmative were ::VIessrs.-

Adam,.. of Elbert, Atkinson, Bailey, Belt, Berner, Birch more, Bray, Brown of Henry, Brown of Cherokee. Brewster, Ualvin, Candler, Chappell, Clay of Cobb, Clay of \Valton, Cook, DuBose, Durrance, Felt0n of Bibb, Felton of JHacon. Featherston, Fortner, Gamble, Gardner, Gordon, Glenn, Green of Clay,

Griffith, Grindle, Hale, Harrell of Det:atur, Harrell of Webster. Harrison of Franklin, Henderson, Howard, Huff, Humphries of Clinch, Hutchison, Iler, ,Johnson of Echols, .Johnson of Screven, ,Jones, Kennedy, Lamnr, Little of Talbot, Madden, Mathews, Mauney, :\Iixon, Morgan, :\foye, McCord, :\IcLane, :I'IcLendon,

~ichols,
Peeples, Perkins. Pickett, Pittman, Preston, Ray, Reilley, Rountree, Schofield,
Sinu~,
Stevens. Stewart of Rockdale, Stewart of .!\IRrion, Strickland, Tnte, Terrell, Thomas, Veazey, Walker ot Floyd. Walker of Putnam, Watson, Weil, Whaley, Wheeler, Williams of Harris, Worsham.

Those voting in the negative were Messrs.-

Arnheim, Ashley, Branch, Buchan, Cameron, Coggins, Comer, Crawford, Denney,

Hayes, Henry, Hill of Meriwether, Holland, Hughes, Humphries of Brooks. Kenan, Kimbrough, Lanier,

Page, Reynolds, Rich, Russell of Chatham, Russell of Polk, Simmons, Smith of Crawford, Smith of Gwinnett, 1-ltovoll,

FRIDAY, OcTOBER 14, 1887.

1189

Fagan, Foute. Gibson, Ham. Hand, Harper, Hawkins,

Lumsden. McGhee. McGarrity. McKibben, Newton. Norris, Olive,

Vaughn, Vickers, Watts, West, Whelchel, Wilcox, Wilson.

Those not voting ate Messts.-

Adams of Greene, Black. Blalock. Brady. Coney, Darden. Dodgen. Duggan. Evans, Felton of Bartow, Fordham, Franklin of Fannin, Franklin of Thomas, Greene of Madison, Gresham,

Hagan. Harrison of (-luitman, Harris of Catoosa, Harris of Columbia, Harvey. Hill of Wilkes, Holleman, Howell. Hunt, .Johnson of DeKalb, Key. Mills, Monroe.
~lcUleskey,
McMichael.

Parker, Perry, Rawh, Reid, Russell of Clarke, Shewmake, Smith of Glynn, Smith of Jefferson, Stewart of ::1-Iitchell, Taylor, Vining, Way, Williams ot Jackson. Williams ot Upson, Mr. Speaker.

Yeas IH. Nays 48. Not voting -!i).

Not receiving the requisite constitutional majority, the bill was lost, to-wit :

A bill to vest in the Commissioners of Chatham county and ex-~fficio Judge the control of the tract of Janel in the city of Savannah known as the olcl cemetery, situatecl on South Broad and Abercorn streets, and to authorize the said Commissioners to use the same for the purpose of erecting thereon a court house, and for other purposes.

Mr. Jones, chairman of the Committee on Roads and Bridges, submitted the following report :

Mr. Speake1:

The Committee on Roads and Bridge;; have had under consideration the following bill, which I am instructed to return to the House, with the recommendation that it do not pass, to-wit :

1190

JouRNAL oF THE HousE.

A bill to authorize R. H. Hightower to erect piers in a bridge over the Oconee river at or near Dublin, and for other purposes.
.JONEf;, of Baker, Chairman.

Mr. Stewart, of Rockdale, chairman on the part ot the House, submitted the following report on Lunatic Asylum
M1. Speaker :
The sub-committee appointed by the joint committee of the Senate and House to investigate the Georgia Lunatic Asylum and the special and general charges made against the management of the same, beg leave to make the following report, supplemental to the report made by them at the fall sessi0n of 188G :
Dr. Kenan having appea,ed before us, and being duly sworn, made the following specific charges against the officers of this institution :
1st. Drunkenness of Drs. Whitaker and Hall, Messrs. ~West and Grine.
This charge is refuted by a number of the best citizens of Milledgeville, such as C. vV. Ewin, F. B. Mopp, T. W. Turk, Col. Crawford, and by the officers and employees of the asylum, including the entire medical staff, to whose testimony reference is made as taken before this committee.
2nd. That case-books were not regularly kept by the physicians in which to show the results of scientific treatment.
There is no rule or law that equires this to be done, and the Supetintendent deems the keeping of such a record unnecessary, except in extraordinary or peculiar cases, in which case a reeord is kept.
Every prescription made for patients is regularly filed. :3rd. That nepotism existed again<;t the General Superintendent and agiiinst other officers of the institution. In investigating thi~; charge, we find that Mr. P. A. West was an officer of the in>Jtitution seveml years before he became the son-in-law of the Superintendent.

FRIDAY, OcTOBER 14, 1887.

1191

Dt. J. H. Hall, the second Assistant Physician, is the son of.Dr. Hall, a member of the Board of Trustees, but he was appointed upon the strong recomtu.endation of Dr. Powell, the Superintendent, on account of his peculiar fitness and qua1ifications for this position, as was expressed by Dr. Powell in testifying before us.
4th. As to the charges that patients were in the asylum who should have been discharged; that there had been misappropriation of the funds of the institution ; that a white female patient had been buried in the negro graYeyard, and that the inmates had not been propetly fed, we find that the only patients at the institution who should be discharged are convict patients, or those who were committed for crime and cannot be discharged without action of the General Assembly, and we have been furnished the papers by the Superintendent of the following inmates, and recommend that they be discharged; as is the custom by resolution of the Legislature, t9-wit, Thomas Morrison, Jack Adams, George Johnston and Bankly Green.
The evidence shows that some two hundred dollars was paid to Mrs. Brown, the former Matron, for extra services, and which services were rendeted for a series of years before she retired from the office, and upon the ground that the Superintendent and Trustees had intended to raise her wages on a.ccount of her long connection with and extraordinary services to the asylum, but failed to do so at t.he proper time. She is described as literally Ii,,ing for the good of humanity, attending the sick and dying, day and night.
The sum of one hundred dollars wa;.; paid Mr. Griet, the Secretary of the Superintendent, for preparing two books (which was extra and outside of his regulat duties), and which were regarded as indispem;able to the ini'ltitntion, and they were prepared and pa'id for at the instance of Col. Whittle, who was then the Chairman of the Board of Trustees.
As to the charge of the burial of the white female patient in the negro graveyard, a former committee of the General

1192

JouRNAl, oF THE HousE.

Assembly have investigated this matter, but we again report the facts as were brought out in evidence.
A colored patient died and the colored attendants placed the coffin npon the trestles in the dead house. The same day a white charity female patient died, and the white attendants took the body to the dead house and found the coffin containing the colored patient on the trestles, and knowing it came from the negro department, they removed it and placed the coffin containing the white woman in its stead. AfterwardR the negm attendants came first to bury and took the body found on the trestles and buried it. The mistake wa~ i'ioon di;;coYered, the :o:ame day, and wa& at once rectifier! by disintening the white corpse and burying it at it~"< proper place.
No more such mistake;.; are liable to occur, as the dead house has been arranged lor both races. Hon. Mark Johnston, who was one of a committee to investigate this matter, as well as a general investigation of the asylum, testified before us on this point.
Your committee, instead of finding the inmates not properly led, u,; i,.; alll'ged, find that they are luruished with an abundance of whole01ome food, well prepared and suitable to their every condition.
The committee visited the dining halls of vatious departments dnring their meals and have ocular evidence on this point. They are particulary pleased with the abundant supply of snch wholesome food as potatoes, beans, peas and other vegetables.
Your committee, from evidence produced before them, find that the Trustees are well fitted and qualified for this responsible trust, and upon this head we caused many of the best and most successful husine,;:; men of Milledgeville and elsewhere to testifv before us also, all of whom state that to increase the m;mber of the Boatd would not increase its efficiency, but would tend to a contrary effect.
We find that the Trustees discharged Dr. Kenan, the First Assistant Phyr-;ician of this institution, for sufficient cause, and we endorse their action. If the evidence before

.FRIDAY, OcToBER 14, 1887.

1193

us is credible, he was not a suitable person for so important
a trust. We find that Dr. Kenan has signally failed to sustain any
charge made by him against the insthution or its officers, and we reter to evidence taken before us for further details.
Your committee readily discovers, from the general management of this institution under the direction of Dr. Powell, that every department teceives proper attention; that the physicians are attentive, sober and diligent and the recoveries and death rates, as compared with like institutions elsewhere, are above the average for recoveries and below that for deaths. ThP cost of maintaining patients
per capita, we find by tabulated statement, is less than any
other institution in 6is country, excPpt West Virginia, and that asylum has patients who pay, and such pay is deducted from the aggregate cost.
The books of the Treasurel', Ml'. \Vindsol', were carefully and fully examined, and the finances of the institution are as stated in his report to the present General Assembly, and proper vouchers were produced for all moneys paid out, and his bond- is as requirPd by law.
The buildings and grounds are constantly undergoing repairs and improvements.
L. I. Lamar, the Steward of the institution, has filed his
bond according to law. His books show an itemized statement of every pu!'chase, and the papers are he~eto attached relating to this department, as well as to that of field and garden. The evidence taken before this committee repels every insinuation that he bas not properly spent each dollar, or that he has not the welfare of this great charity at heart.
The assistant steward, Hollinshead, makes a good showing of everything in his department. He shows 20 mules, 2 horses; 123 hogs, 40 milch cows, 31 yeadings, 30 calves, 3 oxen, 1 carriage, 6 wagons, 4 dump carts, and 1 spring .wagon. He superintends the farm, and this year has made 600 bushels of oats and sufficient potatoes to supply the institution, employing two hands regularly, the other labor

1194

JouRNAL OF THE HousE.

being volunteer labor of the inmates. From 15,000 to 20,000 pounds of pork is annually produced and at a nominal cost from slops and scraps.
Mr. Cook, who is reported to be a scientific gard.ener' cul-
tivates about one hundred and five acres (105), including the orchard of various kinds of fruits, and ofordinary years furnishes the inmates with a sufficien~y of fresh vegetables the year round.
A tabulated statement hereto attached showing the production for this year from this garden shows a decrease in the summer vegetables raised by reason of long continued drought, but an increase of peas and sweet potatoes; and counting the various articles raised at their market value they amount to the sum of thirty-five hundred ($3,500) dollars, and the expenses, including fertilizers and wages, at one thousand nine hundred and thirty-one ($1,931) dollars, or a net profit on the side of credit of one thousand five hundred and sixty-eight ($1,568) dollars.
While the salaries of the assistant steward (Hollinshead), of the gardener (Cook), and Mr. Simpson seem to be liberal, if not excessive, we do not feel authorized to recommend a reduction of the same, but simply wish to call the attention of the Tl'ustees to these salarie~, that they may in future take thf'se things into careful consideration.
The discrepances alluded to in the general charge of misappropriation of money in the aggregate sum paid to officers, arise from the fact that it is a rule to raise the salaries of assistant physicians as they become more experienced and efficient, and from the fact that one more assistant has been appointed, and should a vacancy occur, a reduction will also occur, and this accounts for an excess of $R60 as compared with previous reports. The difference in wages arises from the increase of attendants since opening the two convalescent buildings. The pay-roll shows 207 .now and fonnerly 156 as the number.
Captain Dessasure, the chief engit.eer, has in charge 10 engines and 3 boilers, used in heating up the buildings and . for washing and cooking purposes, using several hundred

FRIDAY, OcTOBER 14, 1887.

1195

tons of coal aanually. Everything is in good running order in his department.
We find on personal inspection every department kept in excellent order, floors clean, beds neat, etc.
The usher represents his position as very important, in that it formerly required the almost constant attendance of one of the physicians to conduct visitors through the various departments, and to the neglect of their own special duti':)s; it is estimated that not less than eight thousand persons visit the institution annually.
The committee find the item of hauling coal and other freight from the railroads to be very expensive, that of coal alone amounting to one thousand dollars the present year, and other freights to half as much more, besides the constant ~se of six wagons, eight mules and six drivers, and would on the whole amount to ten per cent. on twenty thousand dollars annually. But it is estimated that a branch road from the Central R. R., of not more than one mile in length, could be constructed so as to very much reduce this annual expenditure. The committee do not now make any positive recommendation at this late day of the session, but hope to see this matter taken up by the next succeeiling Legislature.
In the,General Appropriation Act of this Assembly, approved December 21st of last year, the sum of three thousand dollars, being an unexpended balance from former appropriations, was made to try the experiment of securing water from a deep well and with a view of increasing the supply. The .Trustees report a contract was made with a Pennsylvania company to undertake the work and to be confined within the amount appropriated, but owing to the burning of the company's shops and tools, the work has has not yet been done.
It has been said that the authorities at the asylum have been in the habit of admitting drunkards without authority of law. The act of July 27th, 1877, declares who may be admitted by a process of law in the counties from whence they come. That act admits lunatics, epileptics, idiots and

1196

JouRNAL OF THE HousE.

demented inebriates, all of whom undergo. a trial by jury, and the verdict accompanies the commitment.

We have reason to congratulate the country upon the

recovery of Dr. Powell, the invaluable Superintendent, to

his usual health, and it is gratifying to us to find the high and loving esteem in which this distinguished physici~~on

and humanitarian is held by his neighbors, associates, as-

sistants and the patients themselves. It is a pleasure to us

to state this, as it will doubtless be a pleasure to the coun-

try to know it.

In support of this report, in all of its details, and for the

information of the General Assembly, we beg to call atten-

tion to the accompanying testimony taken before your

committee in the shape of personal evidence, tabulated

statements, reports, etc.

Respectfully submitted.

R. H. JACKSON,

Chairman Senate Committee.

c. R. PRINGLE,
R. J. PowELL, T. J. LIVIKGSTO~,

J. A. STEWAR1', Chairman House Committee.
J. NoRTHROP SMITH, T. M. HuNT,
ELBERT FAGAN,
N.s. WALKER.

FRIDAY, OcTOBER 14, 1887.

1197

EXHIBIT A.

Since my appointment, February 14, 1884, to September 14, 1887, three years and seven months, I have made 2,675 rounds of one mile each, and have conducted 8,312 visitors through .the buildings and grounds.

August, 1885 . December, 1885 February, 1886 . July, 1886 . August, 1886 . September, 1886 October, 1886 June, 1887. July, 1887. Angust, 1887 .

73 rounds, . 101 rounds,
52 rounds, . 118 rounds, . 100 rounds,
77 rounds, 96 rounds, 93 rounds, . 103 rounds, 99 rounds,

406 visitors. 290 visitors. 223 visitors. 404 visitors. 336 visitors. 235 visitors. 387 visitors. 272 visitors. 267 visitors. 255 visitors.

10 months.

. 912 rounds, 3,075 visitors.

I very often go through 1\8 many as six times a day, and once I

made ten rounds.

WM. H. ScoTT.

(B.)

............

Consolidated Issues from October 1, ltl85, to October I, 1886.

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~~::::Ibs:::.: I~hs.~:I~[-------------

57 1,018 .. .. ......... ...... .... ....
...... .........

;,11 ............................ 67,091 1~,r.20 22.J,o.-,7 2 42KII2,4!l4 4401772 4,320 6,;,% 21~ 50 14,029 1fi7,1l(\ll 7,171[3h,400 18 220 9,fi271I"ues to <entre kit<"hen.

40.469 ......... f>O,:JGJI ........... s,:l4'l ......

1 ........

63,x7;, 1,200 11,875 .......... : 3,n;,o1Issucs to negro kitchen.

3,044 1.547

1.... ........ 6\1 10.!120 .... .. 1,42SI . ;,D ........................ ' .... .........

88 2,9DO ... .... . :l52

12 ..... ... ......... ...

6,7~0 200 722 ........ ' 1,191 Femulc convalescents. 1,<,40 ......... 8801.. ...... 448 Mal<' convuksccnts.

0:...., 0
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m TotaJ....i571,018, m:-;1_~,297~,-1 -2 42RI22,f,23 ffii[&MI-:w;; --;;:;;;;

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65,184 1,807 457 250 1,250 41% 10,455 2~8 160 28,~32 111 4,580 302 18,~332 1,349 306 3,836~ 910 193 43 314 Issues to centre kitchen.

67,890

934 ....................................... 120 ......... 11,677 48 ......... 60 8,395 ........................ / 67 ...... !...... 158 Issues to negro kitchen.

_3:~~ :::::::.:::: :::::: :::::: ::::::::: :::::: :::::::::::: i~ ::::::::. -- ~~g _J_ ::::::::: ...~: 1,rs~ ::::::::: ...~1 :::::~:: iJ ::::::1:::::: .....: rre..'fea~~~~~re~e:~~til.

Total.... I 140,422 2,~41 457 250 1,250 41% 10,455 463 160 41,054 163 4,580 a79 28,530 1,349 337 3,836 1,018 193 48 479

FRIDAY, OcTOBER 14, 1887.

1199

(C.) GENERAL APPROPRIATIONS.
Statement of T. T. Windsor, Treasurer of State Lunatic Asylum, Milledgeville, Ga., from ]st October, 1878, to 1st October, 1886.

From whom- Received- and Expen-1

--D- AT-ES.--'\ ~---

ditures.
..

ReceiJ)ts ['Expenditures.
- --'-------

lstOct. 1878 ..... 1Rc'd from B. R. Herty, former Treas $ Rc'd from J. Hammond, Steward.....

tl,lGO 491 2,:130 15

To 1st Oct. 1879 ~~~~~~fiT,J~e~q~i-~~ti~-~-~..0-n ..~-t~-t~..~~ ...........~.::2.~~..~-0

89,629 19

To 1st Oct. 1880 Rc'd fr. Est. B. R. Herty, former Tr Rc'd from J. H~tmmond, Steward..... \

369 40' 1,591 87

Rc'd from Requisitions on State Tr..

109,791 64

Expcnditur.,.... ........................... ...... ......... ...............

106,722 36

To 1st Oct. 1881 Rc'd from .J. Hammond, Stcwa.rd....

711 20

Rc'd from Requisitions on State Tr.

10f.,7:l0 06



Expenditures.................................... ........................

110,926 51

To 1st Oct. 1882 Rc'd from J. Hammond. Steward.... Rc'd from Requisitions on State Tr..

287 131,388

0960[

1Expenditnres.................. ............... ........................

132,729 47

To 1st Oct. 1883 Rc'rl from J. Hammond, Steward..... !

99 001,

Rc'd from Requisitions on State Tr..

146,0:ll 68

To 1st Oct. 1884 ~~~efr~i!"~':,"q_~i~iii~~~..~-ii-iiiiiieT~.:! .........'i.i;:i;ii:iii'29]

134'497 14

To 1st Oct. 1885 ER~.;_nd~o. ~11l'Z~'<i~i~iii~n.,;;;n:sia:i~i:;:.:l'..........i6~;ii83.2s

159'588 70

Expenditures.............................................................

164,882 33

l......................... To 1st Oct. 1886 Rc'd from Requisitions on State Tr.. Expenditur<>s ....................................

175,000 00

168,337 79

Balance 1st Oct. 1886....... .... ...... -....-.. ..-....-... -....-....-. - - -9-,87-0 -49
$ 1,077,184 m $ I,077,1S4 02

SPECIAL APPIWPRIATIONS.
Statement of T. T. Windsor, Treasurer of State Lunatic Asylum, at Milledgeville, Ga., l st October, 1880, to 1st October, 1886.

DATES.

!From whom dRietcuerievse. d and Expen-1 Rece!'pts. IE1 xpcnd1'turcs.

l$ 1880.................. From Requisitions on State Trs.......

25 000 001

To Oct. 1st, 1881 Expenditures..................................................:......... $

25,000 00

T o

0

ct.1st,1882

From Requisitions on State Trs.......

45,000 00

Expenditures...........................................................

43,426 79

.To Oct. 1st' ToOct.lst
,

1883 1884

~~o~n~f:h~~~-tions on State Trs. ......

~~op':,'n~~~ur~~tionsonStateTrs.......

p

.........................

70,000 00 ....................... .
77,931 00 ....................... .

65,884 44 83,410 93

~i~~~i~r~~~~~~~:n.:s~~~~:~-~~:-:::::::~~:::::::~~:~:::--::l$___ ToOct.lst, l8&'> ~~o~n~fti~~~~tions on State Trs.......
To Oct. 1st, 1886

60,000 oo

_:-:-::-:-:-:-:

2

1200

.JouRNAL OF THE HousE.

(D.)
Received at the Lutwtic Asylum, near Milledgeville, Ga., 7th September, 1887, from L. J. Lamar, StewardS. L.A., the amounts opposite to our names in full for wages for the month of August, 1887.

~~I

:\'A:IlE.

I
I, !'l(T:\'ATURE.

WITNESS.

~ I1~~-----~~ ~i~-~---!

l$ :;! 200~1"m ..lack~<~n. >'up. V .........

OOi\Ym . .Ta!'kRon ............. iPer Wm. !.ackson.

wJIB.r..

I_!.
C.

A?~uson, A ............ Ackndge. A...........

!

:;'
A

~Q ~~

1

.BJ..!c!.

An?~rson \ckndg~ .

........... ......... ..

1

..

l!I1 Jo,eph Allen. Yd. A............ ~5 ouiJo. Allen ................ ..

1~ .John All<n, X.\\'................. ~4 1\0I.John Allen................ .

1;1 \Yn1. Brookin~ . .-\................ :..n 75 \Vm. Brookins.. .......... .

HI.T W. Beck ..\ ..................... , 2., OOI'.J. W. Beck ..................
l.\ W. B. Echols. .\ ................... 2~ 00 \\'.B. Echob............. ..

16! F. D. <Hlliuun, A...................

1/I.Tohn Gillman. A................. 181Thom. Gillman, A ...............

;~

1\l Roher! Humphries, Yo. A....

2021i.ToS<'Ph Humphries. A ......... ~

:!-t 24

~.).O-),1F.T. o]hJn.

<TillnlcHL Gillman

.. ..

.. ..

.. ..

...... ......

,

20 2!l1Thom. Gillman .......... j 21 5;, Rohert Humphrie8..... 1 ~0 ;)01.los. Humphries ......... 1

1 Jamc8 Hubhard, A.............. l ~4 ~OIJame> Hubhard ......... ,

21.fames T. Hobby, Jr., A........ :) M. :11. Johnson, A ............... 1 4 George R. Kemp, N. W........ '
5,E. A. Leonard, A................. l

24 10}amcs T. Hohby,.Jr.... !
25 OOjM. >I. Johnson ...........
:l-3 78IGeo. R. Kemp ............ ~=~ 10 E. A. LenHard .......... ..

1\ .Tames H. Lockheart, A....... 2.) 00 Jas. H. Lbckheart .....

710. A. Lord, A..................... s Richaro Overman, 0. S. H...

~2 00 G. A. Lord ................ ..
:n 00 Richard Overman ......

9 S. M. P~ tterson, 0. S. H....... ll Hi S. M. Patterson ...........

liR. 20:ltl1A. H. Hassell, A ................. ~ ~tembridge. N. W .... .

2~ 20 A. H. Russell.. .......... 24 60 R. A. Rtembridge........

2 A. C. 1-'lmp'!m, 0. N. W....... .)0 00 A. C. Simpson............

:l Samuel i'irnpson, A............ ~5 00 Samuel Simpson ......... ;

4 B. C'. Simpson, A................. 25 00 B. C. Simpson ............ ]

;; A. S. Tennille, A................. 24 20 A. 1'. Tennille ............

1\iW. K. Tennille, A............... 25 00 W. K. Tennille...........

7 W. J. Yanghn, A.................. ~:; 00 W. J. Vaughn ............

~D . .T. Ackrid!(e, A. A ......... l

9 L ..T. Barber.

" .........

2010 W. H. Batson, " .........

1 Reese Caraker. .

21G. \Y. ~lark.

:1 H. E. (yJllman.

16 6.) D. J ..\ckridge............ 1 HI 6.'> L. J. Barber ............... 1 16 6.1 W. H. Batson........ ., .... ,
l w a~ I Reese Caraker ............ 1
H~ .t?,G. W. C!>1rk.. .............. Jh G., H. E. G1llman ............

4. Arthur Golden, 5jC2h.rles Hubbard. "
/IE.6 E. F. Hobhy, L. Lawson.

16 25 Arthur Golden...........1 1~ ~~<:has. Hnbb~rd.......... 10 h.> E. F. Hobb~ ............... 1 Hi();) E. L. Lnwson ............. .

8 J. D. Lester,

16 l\;) J.D. Lester.................

9 A. Leonard,

lG G;, A. Leonard............... ..

2050 Charles Oxford,

11~ ~15 Chas. Oxford ..............

1S. S. Pearson,

lh .l8 S. S. Pearson ...............

2 T . .T. Reynolds,

16 6;) T. J. Reynolos ............

:JIW. L. Rosser,

16 65 W. L. Rosser...............

_4 J. M. Tifton,

20>5 6

S. .T.

L. W.

TTerrariv~ick,

It? t\5 .1. ill. Tifton ................
......... I 1h 6.'> S. L. Terry................. 1
.. 11 RX J. W. Trawick ............

7 W. A. Wilson,

:::::::.. 11\ 65 W. A. Wilson..............

~ CT. A. Watkins, 9 .1. M. Yonngblooo,"

1

6 6;, G. A. Watkins............ 11\ 65 Jus. .M. Youngblood ..

20oo:J. B. chambers, "

11 471J. B. Chambers...........

..

l'Chas. Gholson, ''

2 f!olly Brookins. ~

a :'i!.lll<')' Lockheart,

~~Dolly Epps,

"

;,'Harriet "tanleY.

......... 1 .........
.........

6 G7 Chas. Gholsnn............

..

l lr~
lh 16

i6~>5~DI..T.rl...

)l.
M. M.

Darnell Darnell D>trnell

............. Per ............. , ............. ;

Matr~n.

16 65 .T. M. Darnell..............

t)i Ellen Butll'r,

11) fi.l .T. :\1. DRrnell.. ............

FRIDAy, OcToBER 14, 1887.

1201

(D.)-CONTINUED.

~

r3

NAME.

:

SIG!\ATl'RE.

WITNESS.

o ,'

I
1

,

l mzl~s1[Maarr-~v

-----
Champio. n, Jenkins,

-A-.-....1.... ,-$ " .........

- 15 Hi

--
6'.'1J.
t:01

-
M.

------:

Damell ............

::

............

-

--
:\[atron. "

-

-

-

9 Mattie Watson,

......... 16 "'

............ :

20iOjMary Caraker,

......... 13 \lO

"

211.L:-\u',uc)vc,HTuablblea\r',d,
3 Allirc Harris,

......... Hi ti:,

:::::::::1

Hi 1(j

"G!.)1

4 Mary Trail,

s 1Gilly Ptttterson. " 61Evanl'eline Butts, "

7 :\Inrv PoundR,

"

8 )far)~ Lewis,



9 llurnice Fkery. "

I :.:.:.:... ...'!,
......... 1
1
..........

lh
lt!

h~9-)i;

lfi ().)I

Hi 6.-)

Hi ():)i

11i ,;,j

208tliSena Payne,

" .........

:v......... ?' 2111N~1aanryS_mLuitnh:,. ~- \V
3 Caroln~~ ~m1th,

" ......... ~- ....

1
1
l

4iLneY hillman, ~. \\ ...........

51sue ~Fleer.~. N.~ \\"................. !

hdl lt~ ~~-~~:
lh

It!H~
lG

(~}
1;:?

1 1

h-l:

11~ t~;!!

61)f. lc. Srmth. \d. A.............. : ;,)I. E. Robinson, Y<l. A........ , Si:\ora Cone. Slamstress ........ ~ 9iKnte Finn. Seamstress....... ~

1:il lh ti>!
11 l!i 65 ll) G.J

20901Rebeeta \',,te,, A. A ......... ' u ,-,ol

1 Fannie Robinson," ......... ' l:l JOi

::2~1KiFaatneniGP

ilman, Little,

" ......... ! " ......... !

4:Joe Dunn, 5iEmmn Lcs;tcr, 6AlircBntts.

" ......... 1 '' ......... 1 " ......... :

'; ....... i:Amundu Tifton,
~!t~?t~1t~::)\~~~~i.dge.

......... 1
I

2100,Rnth Bnrber,

" ......... 1

1[:\'aney Aides. :!:Laura \Vilsn1t.
:liKnte L)'on, 4! ~lilly Patterson,
~~1~~~:,~~~~~~.

:::::::::
1

12 50,

l_;ti :_::.)
1 .~00; "
1:! [)01 1~ ;)():
12 .)QI
J:J ~!I

1"2 ;)01 1~ fl0 1
12 :;o

1:2 ;-~o

I 17

1:2 12

,i,1o0r,

............ i
............ ,

iiFannie Dixon, 81Annil' Tifton.

12 :--.o~
12 ,-,o!

91)lar) Whitnkcr, 2110 F.mnit Smith,
lljXellie SulllL'r,

1~ .'10!

12 12

i.\,0o

12!)1attie PnYne.

13:Jonnthan'Fnrrell, C. D........

1I4rih~nhmntehsaHoF~a;rarne,l

l,
c

C.

D A

...........

,

::::::::1 16:Butts Davis, c " ......... 1
17jSnm Spei~hts, c

lR Henry P;we, c

19 Jeff. IIog-nn, c " ......... I

:::::::::1 2120 Libert\' Hill, c " 1 ~landosia Rogers,c"

2 Scott Williams, c "

3 Riley Shields, c

4 Wm. Hill. c

5 Wm. Quaker, c "

6 Allen Brantley, c

7 Mil us Hall, c

"

8 Alphonso White,c"

9 Mack Williams, c "

2180 Aaron Henderson ,c''

2 Kij .

............

li :l01.Jonathan Farrell....... Self.

2:1 00/.Tonathan Farrell.. .... ..

r.;1~

~. "I'Jam~s .)0 Butt~

JH),cn:::l:":i..r.n.

.

...........
........... .

I

P

er

F~.rrell.

ilfl :JO Ramuel Spl'ights ........

"

i~ ~g!J~ft~riJ;~~~~~ :::::::::::::::1
12 ,;o Liberty Hill .............. .

..:.:

1:2 ;)0 Mando:-;i<L Rogers....... .

12 ~0 Scott Williams ...........
12 r,o Riley Shields............. .

12 12

;0,o0

Wm. Wm.

Hill... ................. Quaker............. ..

12 r,o Allen Brantley...........

12 ;)0 l\Iilus Hall ..................

12 liO Alphonso White ...... ..

12 50 Mack Williams...........

12 25 Aaron Henderson .... ..

76

1202

JouRNAL oF THE HousE.

(D.)-CoNTJNUED.

~

5

NAME.

o

! SIGNATURE.
I

WITNESS.

~ ---
21311Judson

----
Hall, cA

----.-
................. !$

--1--
12 OOIJud"on

-
H

-----
all.. .............

l-

---Farrell.

-



-

2 Wm. Bennett, c N. A ......... , 11; 00 Wm. Bennett.............

"

3,Elmira Hill,

A ......... 10 OOjElmim Hill.. ..............

"

5411RElaiczhaeCl aBlhroowunn,,

.......... ''

10 00 Rachel Brown ............ l
U ;>0jE1iza ('a]houn ............ :

"

~ 1 1\Iary Whig~y,

10 l)(_l 1II_Iary_ Whig~y ............ !

'IFann1e DaYts

9 3;l:Famne Dav1s.............. 1

:-~ 1 ~nsnn Jenkins, ~149oil~iIlaarBthraowHnll.l,

10 OU,~n:-:;an Jeukins ............

10 10

0o0o

11 I~d1narBthrao

wn ... Hill.

..... .....

. .

. .

.. ..

. .

. .

. .

. .

. .

.

1 I
'l

J!Lela Hogan,

10 OO,Lela Hogan .............. .

2 Fannie Ja('kson, ''

1 H;)iFannie Jaekson ........ :

:l;~ophia Waller, !!Phillis Harper,

111 10

O()j'~ophia
OtlPhillis

Waller Harper

........................lI

5:~rariah Randolph, ......... o OOi~lariah Randolph ...... '

6; Eliza Brown,

"

7 Ella Brundage,

8 Ella Harper,

9,,.:al!ie IL!rper, N. W............ j

2150!.1. T. Hobby, btables............

10 00 Eliza Brown .............. . 10 UU.Ella Brundage ........... .
10 UO.J.lln Harper................ Per H.
12 ou:Sallic Harper............ . 2\l B.).J. T. Hobby .............

l:Rubert Coleman, vfagoner... 2'J. A. HurnphriP,, wagoner..
3iA. B. Barber, wagoner..... .. ; 4:t:. II..Beck, wagoner........... ~ 51Sum. Woodward, wagoner... 6,John Smith, cows ...............

21 1;) Robert Coleman ......... , 24 Uei J. A Humphries......... ! 25 '2~l: A. B. Barber.. ............ ]' 2~ 2U,.C. H. Reek ................. 25 G.i,Sam Woodward ........ ..
23 35 John Smith ............ .

7.J. A. Smitll, cows............... 1. 0 00!.1.. A. Smith ............. .. 8 Wm. Hubbard, <:arpenter... lO :;u,wm. Hubbard ............

9John Hubbard, carpenter.. 1
2160 0. C. Summers, carpenter..
l'.J. T. Pittman, carpenter.... , 21\\'arren Mosely, 0. .H...... 3 P. W. Hemphill, painter...

:i5 00 1John Hnbbard .......... .
.)2 oo!O. C. Hummers............
40 .10;.1. T. Pittman........... .. lU 60 \Vflrren .1\Ioseley ........ . 30 32 P. W. Hemphill ........ .

4jJuC' \Viggins, brick mason... 51 Matt. Randolph, helper......
61 Wilkes Hall, C. B................ 7:Zed Entler, F. Yd............... s:silas Tucker, 0. S. H...........

38 781Joe. \Vi,u-gins .............. . 1:1 73 Matt. Randolph ......... .
13 flO Wilkes Hall.. .............. ~5 25 Zed. Butler................ . 11 7:'> t;ilas Tucker ............. .

9i Abram Ford, C. S. II........ 10 !17 Abram Ford ............... 2170, Frank Jackson, scavenger... 10 28 Fmnk Jackson ...........

1iJ. W. Scott, lanndr)'........... 2i~verilla Hnffman, laundry. :l Ella Huffman, laundry ...... 4 Emily Farrell, laundry........ 5 Jasper Maxwell, laundry..... 6 Mary Stevem. laundry........

.l?16 ti5 J. \V, Scott.. ............... . ~5 A. Hutfn~an ............. . 12 .>OIElla Huffman ............. 10 ~O!Emily Farrell. .......... .. 19 u0 Jasper llfaxwell........ .
10 oo 1 Mary Stevens............. .

7 Lou Rice, la.undry...............

9 65 1 Lon Rke .....................

8 Patsey Austill, laundry ...... j 10 0011 Patscy Austm .......... ..

11

~ Scella "'tevens, laundry......

6 90jScella Stevens............

"

2180 H. C. Watley, K

31 00 H. C. Whatley .. ........

"

I Morris .Samms, ' 2 Peter Johnson, 3 James Stewart,

18 OO:Morris Sams.. .. ........!Per Whatley,

15 RO Peter Johnson..... ......

"

13 :19 James Stewart .... ......

"

4 Henry OwenR,

13 3H Henry Owens..............

''

5 W. L. Htanley,

24 65 W. L. ~tanley.......... ..

6 Isaac Samms,

12 10 IHaa~ ::sammR........ .... ..

7; Lewis Hickling,

13 90 1Lewis Hickling...........

8 Bob. Alston,

......... 14 OO:Bob. Alston ................

9 Allen Brogsdale, " ......... 1:l 75IA!len Brogsdale ........ .

2190 Wm. Bland,

1 1[ 47 Wm. Blanrl ................ .

1 Willis Pritchard, "

8 001\Villis Pritchard .........

2 Sam. Samms.

" ......... ! 1H 90 Sam. SammR...............

:l S. J. Stembridge, " ......... , 24 2!i 1S. .1, :-<tembridge....... ..

..

4 Sawney Richardson, D. R... 10 OO'Sawney Richardson ...

FRIDAY, OCTOBER 14, 1887.

1203

(D.)-Continueli .

.~>i
u

:-;'AME.

II

I SIGNATURE.

WITNESS.

~ :::-:-= ---;\Robert Davis, kitchen=IIS-i2 621!Robert Davis.......

Per Whalley.

6 Steve Right, engine....... ..... 39 45 Steve Wright................

DeSaussure.

7 T. H. DeSaussnre, engine.... 13:l 33 T. H. De'<aus"Ire......... 8 Tom Wilson, engine............ 1. :n 3~ T?m Wilson..................

!'elf.
DeSaussure. i

9 W. B. Harper, engme............ 3! 9.> 1". B. Harper................

..

1200 J. H. Brannon .................... ', 24 H5 J. H. Brannon ............ ..

1 Dixie Presswood, engine..... 2.'> 001Dixie Presswood...........

2 Benj. Russell, engine........... 1 16 50 Benj. Russell.............. .

r 31J?bn Hudson, engi11e......... j
-;i; 1Wi1mel.lbBorronwSnc,oettn,getnngeine .......

'0 ~9l~?hn Hudson......... ..... 4l1h> ;6,.oll.._W_,leml.lbBorron\\Hnco.t.t........................[

..

6 Simon Scott, engine..... ...... 15 10 Simon i'cott ............ ..

7/Alex. Hall, eugine ............... 1 ~0 '>OjAlex. Hall ............... ..

s.Allen Cooper, bl'k S............ l ~3 OOIA!len Cooper .............. !'

..

9/John Simpson, garden......... 25 00 J. F. >'imp,on ............. PN Lamar.

2210 A. H. Rice, storekeeper....... / ll,1Samuel A. Cook, garden.......
12,W. H. Scott, mber............... l

~tl 65 A. H. Rire.;.................. 1 tO OO1 ti;amucl A. cook ............ , 33 :~3/W. H. Scott .................. 1

~,amar.
,.:eit. ~elf.

13 E. P. Lane, telephone......... 16 65.,K P. Laue.................... Lamar. 14,Jeff. D. Harper. telephone ... -~8 :lOIJeff. Harper.................. 1 Self.

!

$:J.9i2 81

Approved.

(Signed)

.J. 1\l, WHITAKER, Superintendent pro t.em

FRIDAY, OcTOBER 14, 1887.

1205

EVIDENCE.
'l'ranscript of the evidence taken by the stenographer, Dr. L. B. Clifton, before the Joint Com~ittee of the Senate and House of Representatives at the Lunatic Asylum, August 30th and 31st,
1887.
Present:
Senator R. H. Jackson, Chairman, Senator R. J. Powell, Senator C. R. Pringle Representative .J. N. Smith, Representative N. S. Walker, Representative Fagan, Representative Stewart, Representative T. :M. Hunt.
Col. Newell, chairman of the Board of 1'rustees, being duly sworn, testified as follows :
The Secretary read over the charges made by Representative Kenan on the floor of the House of Representatives.
Representative Hunt. One of these charges is that there are patients here in this asylum who should be discharged, but cannot by reason of the form of their commitment. 'Ve desire to know how many patients of the character mentioned in this charge, there are in this asylum'? A. I could not tell exactly, but I do not think there are more than two or three. They were sent here as criminals. For instance, they were condemned, some of them, to be hung. Some of them had, perhaps, committed murder and some of them ar~on, and they were adjudged to be lunatics. I think Dr. Powell sent one of them home and he would not be rt>ceived. I think the Legislature, I am pretty ,;ure the Legislature, passed some Act in regard to this matter. I do not know in what year it was passed, but an Act controlling all such caseK was, I think, passed and it was that all such cases shall remain here subject to the orders of the Judge or to some action of the Legislature. My recollection is that Dr. Powell stated all about this matter.
Representative Walker. I will state that the Committee 011 the Asylum has a list of these cases. Witness, continuing. T think Mr. Lamar, our representative, introduced that bill.
Representative Hunt. Is not the power vested in the Superintendent to discharge all patients except tho::~e erirniuals who have been sent here by the eourts? A. Yes, ;sir, I think so. There was also a special Act in regard to imbeciles ana harmless idiots. I cannot refer to the Act, but it was to dis<'harge all harmless imbeciles-those who could be sent home. 1'he Legislature reposed that discretion in the Board of Trustees, but the trustees could not act except through the advice or recommendation of the Superintendent and the doctors in charge. I do not know how many we sent home. I suppose the record will show that.
Representative Hunt. There is now a bill before the House to

1206

JouRNAL oF THE HousE.

repeal that Act. Col. Bailey introduced it. The Act requires that

this asylum shall send back to every county in the State the

harmless imbeciles or idiots. Witness. Dr. Powell can furnish

you with number o

fthpeantiuemntbsesrtiwll hhiecrhe.havTehbeeyenaresehnet rheoumnedearnsde'natlesno~ethoef

the court. It was not thought right fOI them to suffer the penalty

of the law for their offences, and they cannot be discharged with-

out some action of the Legislature.

.



Dr. Smith. what effect would it have upon this institution if

these imheeile,.; who have been discharged, the;;e harmless imbe-

ciles, should be returned to the asylum'? What effect would it

have on this im;titution '?

Representative Hunt. I think the question of Dr. Smith is not

relevant. The onlv thing we want to know i;.; why these patients

were not discharged.

'Vitness. In obedience to the Act of the Legislature making it

obligatory on the trustees to discharge this harmless class, the

Board of 'frw<tee;.: did Hit and perform that duty.

Q,. How many were discharged ? A. I do not know how many.

I nenr kept any n<ord.

Dr. Powell, the Superintendent of the asylum, being sent for,

appeared and made the following statement : Superintendent Powell. I have some papers that I desire to

preRent to the committee. They are the same papers that I pre-
sented to the Asylum Committee, and they are in reference to

three or four <ases sent here under orders of the courts. These

papers are the commitments. 'l'hese people will have to be dis-

charged by Aet of the General Assembly. The names are as fol-

lows: Thomas Marson, Jaek Adams, George Johnson, Brinkley

Gunn. Some of these cases never were insane at all. I submit

the paper~ to the rommitte<'.

(J. Are tlw name:; given here all the patients that have to be

discharged in thi~ way? A. Yes, sir, the~e are all.

Q. Are tlwre any parties in the asylum who ought to be dis-

charged-who are in a eondition to be dis<>harged from lunacy?

A. 'Ve have full authority to diseharge every one exeept those

who are sent here hy the courts, and we do disrharge them as fast

as we ran. There are several physicians on the eommittee, and I

would like for them to see these parties and eonverse with them.

I think some members of the eommittee are from the counties

from whieh theHe parties were 1-lent.

Q. How manv of these criminals are now in a condition to be

rewrned home? A. 'l'here are three or four; the report states the

number.

At the sugg-estion of a member of the committee, Dr. Powep

was sworn as to the evidence already given and !lUCh other eVI-

dence as he may be called on to give. Q. Are the ~tatements, m; taken down by the stenograp.her and

just read to ,ou, correct? A. Yes, sir; that is subRtantially my

statement.

Dr. Hall, being sworn, testified as follows:

Representative Hunt. Do you know Thomas Marston'? A. Yes,

sir; he is in my department and under my care.

.

Q. Do you know why he is here and under what authority? A.

He was sent here as a patient. I do not exactly know under what

authority. Q. Is he still a patient or is Marston in a condition to go home?

A. I consider him as well. Q. Is he what is called a convict patient'? A. Yes, sir; he com-

mitted some erime while insane.

FRIDAY, OCTOBER 14, 1887.

1207

By the Chairman. Please state why he is ?ot disc~arged. 4 I

think because the authorities have not the nght to discharge hun. I think he has to be discharged by thP Legislature. We made ~n

effort to discharge him at one time, but found we could not do It

Q. He is the only patient of that kind under your charge? A

Yes, sir; that is my recollection of it.

Dr. Jones, sworn, testified as follows:

Q. In what capacity are you acting in this asylum"? A. I am

third assistant physician in charge of the colored department.

Q. Have you one Jack Adams, colored, under your charge? A

Yes, sir; I have.

Q. How long has he been here".' A. I don't remember the year

he came; he was here when I came and I havE' been here four

years. Q. Do you know why he wa~ sent here'.' A. He was sent here

by the order of some court for committing a crime. The papers

will show what the crime was.

Q. Is he now in a condition to be sent homP ".' A. Yes, sir; I

consider him so.

Q. Do you know why hE' has not been sent home? A. We have

not the authority to send such patients home.

Q. Are the same answers as you have just given applicable to

the cases of George Johnson and Bri11kley Gunn '.' A. Yes, sir;

just the same.

Q. Are there any other patients under your charge, in any

capacity, who should be discharged'? A. IVe generally ,;end them

home as fast as they recover. That has been our rule. \Vedis-

charge them (all that we have the authority to discharge) as fast

as they recover.



Dr. O'Daniel, being duly ,;worn, testified as follows:

By Mr. Hunt. Q. In what capacity are you acting in this insti-

tution? A. I am fourth assistant physician.

Q. It has been charged on the floor of the House of Represen-

tatives that a white lady patient who died here was buried in the

negro graveyard. If you know anything about this matter, please

state it to the committee. A. My understanding of the matter

was this: A negro patient died in thE' colored ~ward and the col

ored attendants brought the body to the dead-housE' and placed

the coffin upon the trt>stles in the dead-house. A white female

died the same day and the white attendants took th'l body to the

dead-house and they found the coffin containing the negro on the

trestles, and knowing it came from the negro departmE'nt they

removed it from the trestles to somE' other place and placed the

corpse of the white female in the same place. After this the

negro attendants came first to get the body of the negro for burial,

and finding a coffin in the same place where they had placed the

negro corpse, and not knowing it had been removed, they took it

out and It was buried. Soon after this it waR discovered that a

mistake had been made. Dr. Powell was notified and I went

down and found it to be the case. The body was disinterred and

placed in its proper place immediately. That day the family of

the female who died were expected to come. They were unable to ~ke the body home, hut they werE' expected to come to the burial,

ut they did not come. We had kept the body out some longer on t~at acc?unt. As soon aR the mistake was discovered the body

Was Immed_Iately placed in the proper place. 'l'he .coffins were of

the same kmd and of the same silr.e, which made the mistake more

e~asoyntcoe

make. when

The matter was, discovered. That

how has

ever, been

attended to and righted the only instance of the

nd that has happened in this institution since I have been here

1208

JouRNAL OF THE HousE.

By Dr. 1-!mith. Was this mistake discovered before or after the

relatives of the corpse came here? A. The relatives did not come

a~ all, as I have understood; Dr. Powell just now stated that they

did not come. H~ sent me down about eleven or twelve o'clock.

By Representative Hunt. Do mistakes of that kind frequently

occur here? A. No, sir; that is the only mistake of the kind that

ever occurred here. It the colored attendantH.

was a mistake made The superintendent

by of

the the

caotltoerneddadnetps~rbty

ment will testify as to that.

By Dr. Stewart. No blame can attach to any one except these attendants? A. No, sir.
Q. You think it was clearly a mistake? A. T think it was undoubtedly a mistake.

Senatnr Powell. Where did you say the corpse was placed? A.

The white attendants when they came with the corpse of the white

female knew that the colored attendants had made a mistake and

placed their corpse on the wrong trestle. They removed it to one

side and placed the corpse of the white female on the trestles, and

then when the attendants went to get the body they took the

body on the trestle, thinking it was the one they left there.

Q. Is there hut one department in the dead-house'? A. Yes

sir; there are two rooms, but the negroes made a mistake and

came into the wrong room.



Q. You think it was not more than two hours until the body of

the white female was disinterred and placed in the white grave-
yard'? A. r think that was the time stated. 1 went down and

saw that the other body was a negro.

.J. '1'. Ferrell, being duly :;worn, testified as follows:
HepresentatiYe Hunt. It has been charged that a white lady was buried in the negro cemetery of the asylum; please state to this committee what you know in regard to this matter? A. If I was only to state what l know of my own knowledge I could say nothing. As supervisor of the colored department I made inquiry to ascertain how the mistake occurred. My colored attendants made just about the same statement that Dr. Daniel has made here. They said they placed the coffin .on the only bench in the room. At the time some of the benches were out of place. They said that if they didn't get the right corpse that the white people had remoYed it from the place where it was placed; that they took the etJrpse from the same plac~ it wa:o.; left. ~fit was a mistake that was the way it huppened. fhey didn't beheve they had buried the white woman until we showed them that
they had. Dr. i"mith. Were the eoffins alike'! A. Yes, sir, exactly alike;
tnere was no way of determining the matter without taking the lids off certainly not by a castml observation, and the coffins happen~d to be 0 fthe same length. They both fitted the 88IDC
grave Pxaetly. Representative Hunt. 'l'he explanation of these negro attend-
ants was that they had buried, as they thought, the same corpse that they had carried in'? A. Yes, sir; that is what they told me.
If it was a mistake, it was accidental. Dr. \Valker. There are two departments to the dead-hous.e, one
for the whites and one for the colored. Do you know how It ~aa that this body came to be placed in this department? A. I thmk they used tne same house for all the hodie;,:. They gave me a key

FRIDAY, OCTOBER 14, 1887.

1209

to another room after that mistake was made, and we put the corpses of colored people into that room afterwards. I think th~t at the time this mistake occurred, aU the bodies were placed m one room, both the white and colored. 'l'hat is my understanding of it. The room was a large one and there was plenty of space; we could put the colored people in one part of the room and the white people in another part. I don't think it often occurred that white and colored bodies were put in the room at the same time. It did not often happen that colored people and white patients <lied at the same time. It certainly never has occurred since that they were put into the same room.
Senator Powell. You say you are the sexton ? A. No, sir ; I am not the sexton.
Warren Moseley, the sexton, being duly sworn, testified as
follows:
Representative Hunt. ln what capacity are you serving in this institution? A. My business is looking after the cemetery.
Q. You are the sexton, then'? A. I suppose so, sir. Q. How long have you had this business in charge? A. Since the year 1880. Q. It has been charged that a white lady was buried in the colored cemetery here, and I wish you to go on and state to this committee how this happened and all you know about it'? A. Some time in the month of ~larch, 188ii, in the fore part of the month of March, I was called upon in the morning to dig three graves, two for colored people and one for a white person. l\fr. Farrell, who has charge of the colored people's burying-ground, asked me if I could not get his done by nine o'clock. I told him that perhaps I could have it ready by eleven o'clock. I got them all done about that time. Hot b came down with two coffins. I attended to them and we buried them, and about that time it was noon and we came to the house. I met 1\Ir. Humphries and he said I had made a mistake, had buried a white lady in the colored ground. I said perhaps I have; they brought them down to me and said they were colored people. The brother and sister of the white lady were here to see her and we must go down and disinter her and carry her to the other side. I had my hands along, but as there were two had been buried, I was not certain which one was the white lady. \Ve exhumed the first one after some trouble but it was a colored man. \Ve returned him to the ground and dug up the other one and we found it was the white woman. Then we took her over and buried her on the other side. In the evening a young man and. young lady went with me down there to see their sister. \Ve went down and I pointed it out to them. This is all that I know about the matter. Representative Hunt. You don't know howthismistakeoecurred? A. Only what I heard up here. I knew it as a general thing from hearsay that the attendants, when a patient died, took the body and put it in this little house. I think they all went into the same house, into the same room. There was a pair of what the carpenters call "horses." They were put on tlwse trestles or horses. I think how the mistake occurred was that one set of attendants carried a corpse in and then another set carried in this colo~ed man, and that Ley got the wrong body when they were earned out to be buried. I think it was a pure mistake.
Dr. O'Daniel, recalled.
I Will state that only the charity patients, those who were burid

1210

JouRlliAL oF THE HousE.

by the State, were placed in this dead-house. Other patients to be sent home are placed in the parlor here or in the hall until they are conveyed to the cars or their families come for them
The white lady referred to was a patient who had to be buried by the State.
Q. Are the larger number of those who die sent home? A. I could not say, hut the records will show.

Dr. Mark Johnson, being duly sworn, testified as follows:

Representative Hunt. I wish you would state to the committee

what you know about the dead-house that was here when this

mh;take occurred at the cemetery, and whether there were two

rooms or only one"? A. I will state first, Mr. Chairman, in order the

better to let you see into my facilities for knowing about this

matter, that I was chairman of a committee of the House of Rep-

resentatives appointed to investigate all the matters pertaining to

the Lunatic A,;ylum in the Legislature of 1883. We investigated

this very same charge. I remember I was called a fanatic because

I wanted to investigate this very charge, just what you are going

into now. But to answer your question, there was but one dead-

room. There were two rooms, but only one was used for the dead

people; the other was used for making postmortems. Since that

time, howeYer, an appropriation bas been made, or the appropria-

tion increased, and thPre are better facilities. It is very natural

that the mistake should haYe occurred just as the sexton and attendants said it did. 'rhis is my first visit here since I was a

member of the legislative committee.

Dr. \Valker. You say these charges were made and investigated

at the time your committee was here'! A. Yes, sir; and the tes-

timony taken down by a stenographer and published by authority of every member of the committee. That same charge was

brought in reft'renre to this same case. Dr. Walker. \Vas there any evidencE' before your committee to

sustain the charge? A. I will state that there was nothing what-

ever showing any misconduct on the part of any of the officers.

It was elearly a mistake and was made by the freedmen who had

the handling of the bodies. There waH nothing whatever brought

forward to sustain the churge.

Representative Hunt. You say that at that time there was only

one dead-room"? A. Only one at that time; afterwards another

room was obtained. Q. That evidence went before the (Jenera! Assembly'! A. Yes,

sir. Q. \Vas any provision made to supply another room"! A. Yes,

sir; provision was made at that time. Q. At the time this white lady was put in tbere, there was but

one room'? A. Yes. sir; but one, a general rcceptade both for the

white and the colored alike.

A: Q. \Vas the complaint made before your eommi~tee that th~re

was but one dead-room here ; was that the charge_?

~ o, ~1r;

the complaint was made that the dead were buried mdiscr!m-

inately, black and white, without any line, this nigger woman

and that white man this white woman and that negro man, all

together. \Ve looked into the matter and found there was nothing

in the charge. The case referred to here to-day was all we could

get any knowledge of. The Chairman. Was Dr. Kenan then an officer of the Asylum?

A. Yes, sir; but he didn't hold his place very long after th!l't-

only a short while. The committee found some very serwus

FRIDAY, OCTOBER 14, 1887.

1211

charges made against him and they turned the matter over to the trustees and they discharged him at the very next meeting.
Senator Powell. You say there were serious charges made against Dr. Kenan as an officer of the asylum? A. Yes, sir; as an officer of the institution and also as a man, and the charges were so serious that the committee reported him to the Board of Trustees. The charges were so serious that his friends were unwilling to attack them and the matter was turned over to the Board of Trustees to act, and they discharged him at the first meeting thereafter. I was a member of the investigating committee.
L. J. Lamar, being duly sworn, testified as follows:
Representative Hunt. It has been charged that there has been a misappropriation of the funds of the Georgia State Asylum, in that the wages and saijtries paid show that there was a difference between the am(.unts paid in different years. I don't think the charge is very specific, but I would be glad to have you state to this committee if you know whether there has been any difference in the salaries and wages paid for different years, and if so why does this so appear'? A. I know of no difference in the wages paid, except that we have a larger number of employes. The opening of the new buildings necessitated the employment of more hands; that increased the pay roll of the employes. As regards the salaried officers the other steward told me that it was his custom to draw the checks for the salaries in full, deliver the check to eacll officer, and the officer would come back and pay him the amount due by that officer to the institution. Dr. Kenan, however, gava him so much trouble in getting the money due the institution for suppies that he had to do away with that method, and instead of drawing the check for the full amount of the salary he would first deduct the amount due the asvlurn and draw the checks for the balance. For instance, if an- officer was getting $150 a month, $1,800 a year, and he owed the in~titution $40 for supplies, his check wouid be drawn for only $110.
Representative Hunt. Are the officers of the asylum in the habit of making their purchases of supplies from the asylum? A. Yes, sir; the Board of 'rrustees allows the officers to buy supplies here by paying 5 per cent. advance on the cost.
Representative Hunt. Go on aud state what yon know in regard
to some coal sold to citizens of Milledgeville'? A. As regards the
coal, I would state that some time ago there were three car loads of coal that came to the Georgia depot in Milledgeville. 'fhe contract was that it should be delivered at the station a mile from the asylum, but these three car loads carne around and were delivered there, but I declined to take them, as it cost so much more to hai!l them from town than from the station. I told the Georgia freight agent he might sell it. I don't know to whom he did sell it,
Senator Powell. The coal was not delivered according to contr~ct? A. _No, sir, and I declined to take it. They told him he might sell It. I think the whole coal trouble originated from the fact that I have given to a nurnbf'r of citizem; of the town the na_me of the_Parties from whom we were buying the coal and the prices at whiCh we bought. I told the Ordinary and others but as Steward of this institution, I have never m:dered a podnd of coal for anybody.
The Chairman. Was there any profit made out of this transacrion '! Was any profit accruing out of the salelof these three caroads of coal made either by you or by the asylum'! A. No, sir;

1212

JouRNAL OF THE HousE.

none in the world. I could put all the profit there was on the point of a cambric needle.
Representative Hunt. You say that you contracted for a certain amount of coal'? A. Yes, sir; 2,500 tons.
Q. That coal was to be delivered at the Midway depot? A. Yes, sir.
Q. What was the difference in cost between getting it at the Midway depot and at Milledgeville? A. There is a difference in the freight, and then it was only a mile to haul the coal from
Midway here, while it is about three miles to haul it from the Milledgeville depot.
Q. If r understand you, there were three car loads out of these
2,500 tons delivered at the Georgia depot at Milledgeville. A. Yes, sir.
Q. And you refused to take it because it was not in compliance with the contract'? A. Yes, ,;ir.
Q. After your refusal to take it, you do not know what became
of it'? A. X o, sir; don't know to whom he sold it. Q. Did you reserve out of the fund to pay these parties for this
:2,500 tons of coal the amount of these three car loads'? A. Yes,
sir, certainly. 'fhe coal contract is nut yet completed. We have about 2,450 tons shipped; we have about twenty carloads on the wav now.
Q. You did not pay for the three car loads not delivered according to contract'? A. No, sir; that has been deducted from their
bill; it amounted to :B83.13. I suppose the freight on these three car loads was paid by the parties to whom the coal was Hold.
Q. You ha ,.e not paid for this coal'! A. No, sir; not a cent. Senator Powell. You have no connection with or responsibility whatever for this coal'? A. ~one whatever, except this: I wrote
to Mr. Htocks that if he didn't object I would allow the agent to sell the eoal and send hirn tlw money. He gave me the $82.13,
and I settled for the whole amount of coal. Henator Powell. \Vhen was that'? A. Four or five weeks ago. Q. Is that all the crookedness you know of in conneetion with
the coal'? A. All that T know of since r have been Hteward of
the a~ylum. By Dr. Stewart. You stated that the increased number of pa-
tients required the employment of more persons who work for wages'? A. Yes, sir.
Q. Does not the same cause increase also the number of salaried officers? A. Yes, sir; and we have one more physi~ian now.
While we are on. the subject of salaries, I would like to state that I commenced in January, 188H, to draw the checks in full for the
whole amount of the officers' Halaries, not deducting the amounts due the institution. Since that time the pay-rolls will show pre-
cisely the same amount of salaries paid each month-$1,220.76, and they will show that every month is the same.
Dr. Walker. You mentioned the names of Mr. Caloway and the
Ordinary of the county and others in regard to the purchase of coal'? A. Yes, sir; I gave these gentlemen the name of the coal
dealer in Atlanta, but I don't know whether they got any coal of
him or not. Senator Powell. These are the figures obtained from the books.
Have you any means of telling whether these are correct or not?
A. I have taken them from the hooks. I was not connected with the institution until IR83, but the books will show. I will state that I am not familiar with the working>< of the Steward's office
prior to 1885.

FRIDAY, Oc'ToBER 14, 1887.

1213

Q. All the moneys pass through the hands of the Steward? A. Yes, sir; we draw our checks on the Treasurer in favor of the officers and employes ; then the checks are approved by the
Superintendent, and the books will show everything. Senator Powell. I would like to have the books. A sub-committee was directed to retire and make an examina-
tion of the books and report to this committee.

Dr. Johnson recalled:

Representative Hunt. We have suspended the general order

of business in order to listen to your statement, as we understand

you de~ire to return home this evening. Q. Are you acquainted

with Dr. Kenan, formerly a physician in this institution? A.

Yes, :sir; I know him.

Q. Are you acquainted with his general character for truth and

integrity in the community in which he lives? A. Yes, sir; I

am.

Q. Is his character good or bad? A. I do not know that I

could answer your quc:;tion by one word.

Q. I mean his eharacter as regards veraeity? A. His character

for veracitv is bad.

Q. You 8ay his eharacter for veracity is had? A. Yes, cdr; I do.

Q. \Vould you, from the knowledge you have of his general

character in the community in which he lives, believe him on his

oath'! A. No, sir; I would not. I would like, however, to state

why I would not believe hin1. On three different oecasiom; I

know of acts of his whieh, if it is necL~sary, I will furni,;h all the

particular~. This will rP(Inire a little talk on my part. It will

take me about five minntLs. The first oceasion was this: First, I

would say that I am myself a physician, and there are certain

things which belong to mNlieal ethics that are or should lJe held

sacred by ull physicians. On one occasion, immediately prior to

the sitting of my eommittec, in the snmrner of IRS:J, Dr. Kenan,

Dr. Powell and Dr. \Vhitaker held a consultation. Dr. Kenan

was ~nvited to the eonf<ultation lJy Dr PowPll. The consultation

was Ill regard to the bett(r treatrrwnt of a patient by the name of

Graves. Dr. Kenan went into that consultation. I will state

before I go further that I loaned my influence to Kenan in his

last raee for the Legblature. I lune myself no ax to grind.

JuHtiee is what I want and nothing else. Bxeuse thi~ digression.

Kenan went into this consultation-. That act 1JC1' .se was enough

to make it binding 011 him. It would be on nw the sanw as if any

member of this eornmittee had (lrawn a (leath warrant. After

that consultation was had and after aU that eoulrl be determined

from the patient's symptoms, remedies were determined on from

th~ long list of medicines ,;uppose(l to he indicated in the case of

t~ts pa_tient. At thi~ eonsultation the physicians agreed upon a hne of treatment. The phy~ichmH pre;;ent were Drs. Powell, Kenan and ~hi~aker. Suffice it to say that they all did agree

and the prescnptwn was drawn, written out and handed to the

attendant that had this patient in eharge. '!'he attendant obtained

the the

mpaetdieicnitnwe aasnddewadentthetomhetds icrionoem~aasndfowunedfoounntdheowutinthdaotwasfitlelr.

It afterwards transpired through my committee by direct question

and ans:wer that Dr. Kenan told the patient, Graves, if he took

the med1cine it would kill him. Dr. Kenan already had some of

the money belonging to Graves. Kenan told him that if he took

1~14

.JouRNAl. oF THE HousE.

this medicine that Whitaker and Powell had made up at the con-

i sultation; he told him if
aker and Powell 'Vanted

he to

took it it kill him

wanodulfdokr ihllimhimn~tthtoatt

Whitake it

Now, I won't say that this medicine would have cured him but

do say, how can I believe any man who would do that way with a patient as Kenan acted with this patient Graves. It came to

my knowledge as chairman of the committee just as I have stated

it. Now, this is one of the reasons why I would not believe Dr. Kenan on oath.

Dr. Smith. \Vas the evidence before your committee that Dr.

Kenan was owing this patient, Graves, who died'? A. Yes sir 1 think he owed him fifteen hundred dollar~>; that may not bav~ been the exact amount, but 1 am satisfied that he was indebted to

Graves. The second reasnn why I would not believe anything

Dr. Kenan said is this: The old Steward here, Mr. Hammond

most of you know him, at least by reputation, and some of yoJ per~onally know how he lived here and how he stood. He wa.~

before that committee and swore that he would not believe Kenan

on oath, and he gave his reasons, too, which was a little land

transaction. I would be willing to indorse anything he said. The

third reason why I would not believe Kenan on oath is-well, it is

too dirty to come into your record.

The Chairman. Go on and state it. A. The other reason is this:

I will state that Dr. Kenan's friends; out of courtesy to him we

asked him frankly as to the probability of all the charges that
vould r e trouglot before the committee of investigation, of which

'was a member, and after a certain time this matter bad been

sprung. It was about an undue intimacy with female attendants.

The matter was set down on. A halt was made and a warm,

intimate friend of Dr. Kenan called on him and told him of the

charges, told him he was accused of improper intimacy with

female attendants, and Kenan was told that in my opinion a case

would be made out against him. Kenan said go ahead, but I

remonstrated with him. It was suggested that we drop this

matter. He insisted that the investigation should be made, and

upon his insistance, although his friends were opposed to it,

knowing that the man was either a viper or a lunatic, we did go

on and had every word taken down by the reporter, by the short-

hand writer. I write a little short-hand myself and I can verify

his report. 'rhat reporter was a brother Senator. We examined

five witnesses relating to that one point, and the examination

resulted in the committee being of one opinion, indorsing the

charge in every particular, that not only once but at four different

times Dr. Kenan had had this female attendant in this office right

across the hall here, right opposite the female ward. There were

two doors to that room. Five witnesses swore that Dr. Kenan

had had this female attendant in there, and to the best of their

knowledge and belief he had illicit intercourse with her; and one

witness went so far as to swear that Dr. Kenan turned a patient

out of a room on the female side and occupied a bed there for

dallying. He also owed this attendant some money.

Representative Hunt. Doctor, have you auy personal feelings

against Dr. Kenan, or did you have at the time? A. No, sir; and

I am very glad you asked me that question. I will simply state

that Dr. Kenan's father and my father were very intimate. Dr.

Kenan and myself have been intimate, in a measure.. At the

time of this investigation Dr. Kenan thought our committee was

going too far, and that we were not so friendly with him as before

and after. I will ;;ay further, that Dr. Kenan is indebted to me

for his office.

FRIDAY, OCTOBER 14, 1887.

1215

Q So you may say that you were his political friend when he

made the race for office'? A. No, sir; not his political friend, but

his friend for a principle. Dr. Kenan was the representative of a principle which was at that time thoroughly discussed.
Q. If I understand you, then, you supported Dr. Kenan in order to carry out a certain principle? A. Yes, sir; as far as in my

power. The Chairman. And you have no personal ambition to gratify'?

A. No, sir; none in the world. ' Senator Powell. What is Dr. Kenan'sdisposition? Is he a vin-
dictive man'! A. Yes, sir; I think so; he belongs to a family of

that kind.



Q. If Dr. Kenan fancieH that he has been wronged, or detects

any dislike of himself,. will he stop in proper bounds'? A. No,

sir but I don't think Dr. Kenan has ever been wrouged. I think he has been honored far beyond his dc~erto:; but he belougs to a

race of people who fight to the death. They nearly all die with

their boots on. Q. He j:.; persecuting thiH institution, you think'? A. YeR. sir;

he is fighting it under cover. He wants control of it. If it was possible for the State of Georgia to establish another lunatic
asylum, and give Dr. Kenan control of it, you gentlemen would never have been summoned here. His policy is rule or ruin. The

committee, of which I was a member, was composed of men from
all sections of the State, and it was also sanctioned by the Senate; and, in addition to that, there were at least three members of that committee who were antagonistic to the officers of this institu-

tion. The Speaker asked me who do you want on that committee, I said, nobody; and he appointed five who were not even associ-

ates of mine. Crenshaw came down here prejudiced very much ;
also Mr. Humter. Crenshaw was just out of a cotton factory. I appointed these two to investigate the books, and they were over-
looked from beginning to end. I saw some little mistakes amounting to a few cents. One went back two years before the resolution was passed. The resolution was to thoroughly investigate all things

pertaining to the lunatic asylum from the time when only $7,270
was the cost of running it. 'l'homas and Crenshaw were the two appointed to examine the books, and they sat there in that adjoining room for nine days ; and I will state further, to answer the

question, or, rather, to answer a question that you did not ask
me, that these gentlemen, when they reached Atlanta, were disposed to make a minority report. I may be mistaken, so far as

Humphrey is concerned, but they proposed to make a minority

report bringing out what they had discovered in regard to Kenan. Col. Whittle told me that we had been derelict in our duty.

When they were asked what they were going to do with this evi-

dence he said, "I do not know what tn say; make any report you

please." After all these things the evidence was turned over to the ~ru~tees to act. on, and at the very next meeting Dr. Kenan was InVIted to res1gn. I will state furthermore, that, out of eleven

officers_of this institution, nine of them swore that they would not believe Dr. Kenan on oath. Outside of this Graves business there are other damaging matters.

Representative Hunt. I wish to ask you a quec;tion. You sup-

ported Dr. Kenan because he wats an anti-prohibitionist. Is that

ecoq~rrlelcyt?divAi.deId

wilf explain that. AlthouO'h between Putnam and Baldwin

iny interests counties, I did

are not

thmk ou! county was ready for prohibition, and although I had been a friend of this institution, this is the first time I have ever

1216

JouRNAL oF THE HouEs.

I

put my foot inside of it since I was a member of this committee.

I supported Kenan first, last and all the time because he was a wet

man.. That was it. I did lend him my influence; did all I oould

for h1m.

Dr. Smith. You becaus_e he was an

adnitdi-nport~hsiubpiptoiornt ihsitm?

from personal A. No, sir; I

motives did not

~buput

port hun for personal motJ vef\. There never has been any personal

sympathy between Kenan and myself.

Q. You did not support him because you liked him personally?

A. No, sir; only because he was an anti-prohibitionist. But I .

will state that I did not know fJUite as much about him as I know

now.

'fhe Chairman. Doctor, in answering all thW'le questions on pro-

hibition and the other different points, are you clear to say that

you are not prejudiced against Dr. Kenan, so as not to do him an
injustiee? A. r am not at all prPjudieed against Dr. Kenan.

The committee now adjourned until half-past three o'clock.

The eommittee met at. half-past three o'elock, with the following members in attcnclanec :
Chairman: Senator R. H. Jackson, Senator R . .J. Powell, Seuator C. H. Pringlf', RepresentatiYe .J. X. Smith, Representatiye X. S. \\'ttlker, HepreRentative Stewart, RcpresentatiYe Fagall, HepresentatiYe T. M. Hunt.

Sa mud Evans, being duly sworn, teHtificd as follows:

Q. J{ppre,;entathe Hunt. 'Vhere do you reside? A. In Mil-

leclgcYille, Baldwin county. Q.. Ha\e you any conneetion with the State Lunatic Asylum?

A. No, sir; 11o11c whateYPr. Q. \\"hat is your lm,;i11ess '? A. I am a planter; that is my prin-

cipal husimss. Q. \Ye haYc harl you snmmoned for the purpose of learning

something from you in regard to the trensury of this asylum.

Rtatl' to this com mittel' what you know about it'! A. I can't ~tate that I know anythillg in particular about the treasurer's

business as a treasurer. Q. Do you know anything in connection with the asylum at aU?

A. I cannot say that I do. Q. Do yon know anything that is wrong about the asylum?

A. Xo, sir; I have been aequaintcd with the treasurer and have

had business transactions with him for a number of years.

Q. Do you know Dr. Kenan'? A. Yes, sir. Q. Are you acquainted with his gen<:>ral chara.eter in the com-

munity in which he liYes? A. I don't know particularly; I have

neYer had many transactions with Dr. Kenan.

..

Q. Do you know his general reputation, in the commumty m

which he resides, f9r veracity? A. Yes, sir. Q. Is that reputation good or bad? A. It is not very good. Q. From your knowledge of !~is character, would you believe

him on oa.th? A. I would not hke to answer that, for I do not

know enough about him.

FRIDAY, OCTOBER 14, 1887.

1217

Q. We insist that you am;wer the qu.estion one way or the
other? A. Well, that would depend on Circumstances.
Q. Have you ever heatd enough, or seen en'? ugh. of him, to state whether his character is good or bad ? A. 1 es, str; I stated
that his reputation was not very good. Q. Now, from that knowledge of !tis general character, wo~ld
you believe him on h.is oat~'? A. That woulc~ depend on circumstances. Matters 111 whtch a man was not mterested would make a difference. In some things I would believe him, and in some things I would not.
Senator Po-well. Are you connected with the asylum in any
way'! A. X o, sir.
Q. And have never been? A. X o, sir.
Q. Are you aet1uainted with Dr. Kenan? A. Yes, sir. Q. A.re you well aeqnaiute<l with him. .\c. ~ot \'ery well. Q. Do you know of his being: a frie>tHl to thi~ institution or not'? A. I know that he is not a friend of the institution. I have heard him say so; have hear<l !till! speak very roughly about it.
Dr. i'5mith. Did you eYer !tear him nmke any elwrges against the Board of 'rrustees, or against the oltieer,; of this in,;titution? A. Only in a general way---nothing ~reci.tie.

J\Ir. Lamar, recalled:

Q. By Senator Powell. HaYe you examine<l the hooks of the
treasurtr from the year l ill/'.' \. Ye~, ,;i r; r luwe made the ex-
amination.

Q.. T see the statement here in this paper th<tt the sum of
$10,ii00 was eredite<l to ,.:alaric,.:. [c< that rotTeet '? A. The exact amount is SlO,:i!lH.OS.

Q.. Aml the sum of S:!-l,OOO to \nlges : A. Tl1e exact amount is $2,:1-l.'i.:in.
Q. For the year lF\18. Slii,H01i.HS for salarie~, a!l(l for wages $3-!,000. A. 'l'hat i~ for thP ~Lar l Rl!l, from Oetober, lH/8, to October, l~i!l. That is a mistakt of :-;10,000 iu the amount for wages. The true amount is S:.'-!,.3-!l.:!S.

Q. For the year lSHO, the \ntge,; are said to be S:!S,:llii.:'d, and the

salaries only SS,H!I:l.l0. Thi~ smaller; how do you accouut

J>aptr shows that fot it'.' c\. In the

t"h''l.eYsIalsatraiteesrlwtehries

morning. Deductions were made from the elweks for the amount

due the asvlum.

Senator'J'owdl. But in ISSI, the paper states that the amount paid for wages was s:H,OOO. A. l'hat i:< not correct. It is a mistake of SlO,OOiJ. The exaet alllOIInt i~ S:.'-l,iliJO.
Q,. For the year lSIIil, it j,; Atated that the salaries were SU,OOO
and the wages ${0,000. A. The <;xact figures are, salaries Sll, i03, wages S:lO,U21.

Q. In ISS\ salaries :?ll,G:27, wages ,;j3D,:l8-! '! In the year 188:1, we oecupied the negro

hAui.l<Tlhinagt~;istchoartr,ecot.f

course, caused the employment of more atten<lants, and inereased

the pay-roll for wages; in ISS l, we opened the convalescent female

departm.ent, and that increased the wages pay-roll. Q. ~hts paper states that the expenses in the other departments

have mcreased, and that the salarie,; have not increaRed '? A.

You will see from the books that the salaries do increase. vVe

had.G two more physicians. There were formerly but three Drs.

reen, Powell and Kemble; we now have five.

'

thQe .oBffiucterisnh1a8d80i,nhcreeapsuetds

the salaries in number

at $10,!lS8, and 1885, when the salaries appear to be

77

'

1218

JouRN:AL o.F THE HousE.

smaller'.' A. 'l'his was on accountof the change made in taking out the amo_unts due by the officers t~ the asylum.

Q. Then, m the first place, the entire salaries are given and in the second pl~ce, <;nly the amount paid the officers in m~ney appean.; '? A. "\' es, sir; ~s I stated this morning, the reversal of that
rule wall made especially to fit the case of Dr. Kenan. Prior to

lN~oosvietmivbeelry,_a1n8y8t5h,i~Ig

do not know of my about the Steward'"

own personal knowled e office. I have only be:n

Steward smce 18Ho. These figures 1 got from the books and you

will find thi>:~ statement in the reports.

'

Senator Powell. "'hile the salaril'S of the officers did not in-

crease, rangect from :i<fl,OOO to 811,000, I find that the wages have
increascct to about :-,:.n,ooo '! A. Yes, :-;ir; that iK right.

Q. How do you account for that'? A. The additional expense

from our moving into the 11egro buildings and these two con-

valescent buildings. \Vc have now got seventy-five more em-

ployes than we had in 188:>. \Ve had 1,000 patients, and now

we have over l ,-!00. Had those not been returned, we would have

shown an iwrcase of about -!00 inmates.

Q. Your books will show the increa:se '! A. Yes, sir; the wages

and salaries have increased, but the per capita has not. Last

year it was lower than it has been sinee the war. I run the insti-

tution last year for BBJ. 'l'he wages have increased, and fuel and

transportation have increased; also the number of inmates.

Q. Hav the wages not increasEd ii: quality? A They get the

same they did when I came here.

Q. \Vhen you employ a green hand, and they come to learn

their duties well, do they remain here at the same wages? A.

:Xo, sir; when they first come, they get $12.50, and they are

increased to $Hi.25.

Q. \Vould not that make an increase in the aggregate of the
pay roll'? A. No, sir; they are only r romoted. 'fhe great increase

in the pay-roll has been on account of moving into the new build-

ings, and the increase of inmates,,and perhaps a slight increase iJ

the qualifieation of employees where they learn their duties bet-

ter. There has been no change in the pay-roll of any of the

employ<"es that T know of. The head attendants ~16.2.5, and the

assistants $10.50. \Yhen an attendant comes in, she starts in at

$12.50.

Q. Your policy is to retain the faithful attendants'? A. Yes,

sir, but that is the highest they get. They get no more, if they

have been here for twenty years.

Dr. \Valker. You ae<ount for the discrepancy in the amount

of salary paid in different years to the rule of deducting the amount

which the otlieer owed to the institution'! A. Yes, sir; prior to

that time the ehecks were drawn for the whole amount, without

making any deduetion. This, of eoursc, would show an apparent

increa~;e in the salaries. Q. Suppose that the ~alary of an officer was :BHiO.OO, and you

found that the officer owed the institution :j1:,50.00, before this change was made he only got $100.00 ; h<iw do you now arra~ge

for that :;:00.00 : A. 'l'he former steward collected what was owm.g

to the iu;;titution and turned it over to the treasurer, and then 1t

wa:-; paid out. It went into the gen~:al fund again. .

.

Q. Hatl1er, did you not take that :-,:,)0 and expend It for provis-

ions'? A. For a number of years the ;;teward eollected the amou!lt and 1~aid it into the hands of the treasurer, but for five or SIX years past, he has been holcting these amounts and buyin~ those things. I think it was caused by the truste~c;s' idea to <?bvJate the

drawing of so many small cheeks for a multitude of thmgs.



FRIDAY, OCToBER 14, 1887.

1219

Q. He then becomes a comm.issary a~ well as a treasure; '? A. Yes sir he takes a receipt for everythmg, and those receipts are exa~in~ just the same as other vouchers are. The Board of Trustees examines them the 20th of every month.
Q. Why is the :.lOth of the month made the time for th~;; exam-. ination. A. It is the time arranged by the Board. The Idea w~s to draw the requisitions on the :-\tate 'rreasury so aK to have It here by the first of the month: In some few instances w:e .h.ave
been delayed and r think the 1dca was to collect the ret!UISJtwn,
and to have it here by the first of the month. Our contracts are paid on the 5th; the officers are paid on the first, then after paying off, the steward makes a stat;ement ~m the lOth,_ o~ rather thO) treasurer makes a statement wh1ch he s1gn;;, alHI th1s 1s compared with the steward's book, and that statement is then :-;ent to the Board of 'rrustees. This is dom on the lOth.
Q. \Vhat officer works in eonneetion with yon? A. That is the treasurer. I am the steward of the inl'titution.
Q. What ate your dutie,.; a,.; steward . A. lam solely responsible for the financial management of the institution, and rPsponsible for the assistant steward a.nd storp-keeper and those officers under me. l employ the hands on the pay-roll, with the exeeption of those in the Superintendent',; department; their pay is arranged by him.. 'fhewagoners, carpenten.;, the garden hands, any hands like those, I hire. I buy the supplies, the largest portion of which is purchased by rontract; ever,\ thing that we can
buy that way. Senator Powell. 'l'he wages of the employees are fixed by the
Board of Trustees'.' A. They are fixed by custom. They are the same they have heretofore been. There has been no change that I know of. I don't know how they were fixed originally. That was done anterior!,\ to my coming hl'l'e, before my connection with the institution.
Mr. T. 'l'. Windsor, being duly sworn, testified ns follows:
Q. Are you connected in any way with the Georgia Lunatic Asylum'? A. Yes, sir; I am the Treasurer.
Q. Can you explain to this committee why there is a discrepancy in the amounts paid as Ralaries and wages for the years 1877 and 1878? A. Xo, Rir; I cannot. It does not come within my province at all.
Q. How is the business managed as between you and the Steward of this asylum'! A. At present the management is this: I balance up everything that is dra\\n upon me b,\ the F\teward up to the lOth of every month. From that time until the lOth of the next month all the checks drawn for contract;.; and salaries and wages and anything of that kind, I simply pay them out on these checkR. On the :.lOth of every month a requil'ition is handed ove~ to me which lluwe been in the habit of sending to the First Natwnal Bank; they take charge of it, and I give tlwm a power of attorney winch was drawn up in Atlanta, as they desired. I send. that with the requisition. They collect it and tilace it to my credit; the fund is thus subject to my draft. All the contmct goods, except those of the Northern contracts, are all paid in Macon exchange. All Xorthern contrads are paid in Xew York exchange.
Q. You jon't kn?w the reason why there wa:; a difference in the wages and salanes for these two years'! A. No, sir.
Q. The!! you only pay out the money on a cheek drawn on you'? A. Yes, !llr; that is all.

1220

JouRNAL OF 'l'HE HousE.

. Dr. Smith. I think, if I have heard the truth, that the impressiOn from reports has been that the funds of this institution have been}oaned ~o pri_vatt individu~ls; do you kn~w anything about that .. A. \\ell, s1r, there was, m the year 18t9, a transaction of that kmd; but as soon as it .came to light it was regulated. I lost some money on that occasiOn. \Ve had no banking institution from the y~ars 18i4 till 18iH. In 1874 the hank agency from Savannah <hd the whole of the banking business; the collecting business of commercial houses and banking houses was thrown
into the hands of "'iudsor & Lamar. Lamar was then in business with me. From 18i4 up to 1Hill, up to the time that I >Vas. elect~d treasurer, WP had }o do the whole of the collecting busmess from en'r~ quarter. ~[:p to that time we had worked it up to be a ePnsiderable lm,.;ine,.s. "'hen I took hold of the funds
of this iJistitntion, they were eornpelled to haYe l'lew York exchange to pay the l'l orthern eontraets. I let them have the use of lllOllt'Y for the purpo~e of getting this X ew York exchange, am! in the latter part of 18/!l tile president of the eompany-they were indebted to me as treasurer, but I did tllis 'Yith the consent of my selnritie~. The trustees of this inHtitutiou kuew nothing
wlwtever about it. I htHl a written instrument from the President of the eompany; the compauy was respo11~-;ible for this and I Jet them haYe tlw mouey. The~ gave me, at the end of each mouth, Xorthcrn exehangP that I could use, and that was the way the momy \\~a~ obtai nell frmu me. On the :Wth of November \H' l'Hlkd on the Pre~ident of th( e'mlpany and he assured me that it \Yas all right. On the :wth the olll gH1tleman died, and
the JllaHagement of tlw :\lil!Pdgtville :\Ianufaeturiug Company was then thro\\'u into the lwulb of his son, who proYed to be dishlme~t, nnll by that mean~ it \YHB thrown upon me.
Vr. :-;mit h. 1t does not appear then that this was a loan, but a clepo~it'? ,\. Yl'>', sir; it was merely a deposit.
Q .. Thb dq]()sit \\as made in order to fa('ilitate the obtaining of
tht XPw York exehnuge to pay :\"orthern claims'.' A. Yes, sir. (~. You .say that before you ditlthis you conf'ultNl your secur-
itils .' .\. Yes, ,.:ir; and I think T ha\'e an instmment in my desk

to(~t.lwTtlldish',met.s not done by the cmistnt of the Board of Trustees or aHYhodv eonnPeted with this institution'.' A. l'lo, sir; I mentiom';l t!H~ fac-t to o11e of my securitil~, and it was with his con-

Sl'qllt.. Did this institution lost an~ momy by this trnnsaetion '.' ~
~o, ,.;ir; not a te11t. .~s soo!l a,; it was diseovered, that was m

January, Col. "'hitl
pay the lllOilP.)", and transndion with th

ey
it e

~wwTJ:il!t"Ih' Phci rleHgledmYieltlhdeiea tMreelqaynuriuesl~iatnidromunr~llnl.lHgdC~flmoum:seepwda namsy .et

to
he I

merely nmllc a deposit with them; Tdmrgell them uo intere.st and

tlwv charued me nothilw for Xew York exchange. In vieW of

this'" depos"i' t they let m: hba~e t l 11s exeI1a~1ge ~~tpar.

.

Q. Ho, while the inst1tntwu lost nothmg, 1t ga!ned .the priCe of

the premium on tlw _:s-ew York exchange'.' Dr. :-;mith. J)o ynu now keep the fund,.;

A. ) es, s1r. of the as.ylum

. m

~he

bank: A. Company. was drawn

aYJnedks,edseeipp.or;tt~lIJ~teneodmwtohdneeerpyeo, stshioteirttehinanttohwteh.e.MS'iftlhaleetdegl1.es~vsstiallrfeee.qBmllW ;sni_thkJ!oennng

I was doing that large collecting busineHs it was never necessary

for me to exchange;

draw a dollar but since then

by express; I I have to draw

could about

$a6. w,0a~y,sangdet

the th!"t

has to 0'0 bv express but this present arrangement w1th the Mil-

o '

'

FRIDAY, OcTOBER 14, 1887.

1221

ledgeville Banki_ng Company enab~e~ me. 'l'here is no charge made for furnishmg me money or gtvmg me Macon exchange at

par. Our largest contracts for the asylum are with :\facon. .New York exchange is at a premium of from one-half to one-etghth

per cent.



Q. What amount do you draw at a time'?

A. ~ourteen thous-

and five hundred and eighty-three dollars and thtrty-three cents,

the one-twelfth of $170,000.

.

Q. You don't know anything about th~ requisitions drawn on

you"? A~ Of course I do not know anythmg about that. I honor

the drafts of the steward. Q. The steward draws drafts on you'? A. Yes, sir; here is one

of the drafts (showing a draft by the steward on the treasurer) drawn to-day. He drawseYery check that is drawn, and they are

indorsed by the ,;uperintendent or by some one of the offieers of

the institution'? Q. Are none of them endorsed by the Board of 'l'rustees '? A.

No .sir all by the superintendent or some of the physicians.

s'enator Powell. Every draft is indorsed by HOme one who has

authority to do so, and then you pay it'? A. Ye.s, sir; these drafts

are just as good as a bank note; they circulate .Just as freely; any

one in town would cash them.

Dr. O'Daniel recalled :
Q. What are the results of the scientific treatment of the patients at this asylum'? A. The physicians can testify eaeh one for his own special department. 'l'hey can be inspected, but we do not report every little case, as Dr. Kenan did. His case-book goes on to state even slight cases of d~sentery and the like. Dr. Whitaker says Kenan wrote his case-books out from memory when he found out that the Board of 'l'rustees were going to ask something about it. \Ve don't keep any such case-books. Many of our cases cannot show any scientific treatment-nothing but simple treatment; but in important cases I think our case-books will compare favorably with any kept elsewhere. Twill state that I have a case-book. I have charge of the chronic wards, but I have reported some cases of acute mania in the medical journals. of ihe State. They were not my patients, and 1 merely reported them. The other doctors who have acute easeR I think keep a record. They have cases which they can fully present to you.
Q. The cases that are cured here are cured by the treatment of the physicians, are they not'? A. Yes, sir.
Q. If they do get well it is the result of scientific treatment, is it not'? A. Yes, sir; we can tell you our line of treatment.
Q. If the patients here get well it is the re~<ult of treatment by scientific men'? A. Yes, sir.
Q. You don't know that any attendant of this institution has ever cured any of the patients:' A. No, sir; I do not know of any. The attendants are under the direction of the physicians; t~ey me~;ely act under our direction ; they never take any steps Wtth pat1~nts whatever without consultation with the-physicians, and we dtrect them each day how the patient shall be managed and .h?w remedies should be given, except those to whom we admm1ster ourselves.
Q. Is there anything in the statute;; of the State refluiriug the physic.ians. of this institution to give to the world the results of any sctentific treatment'? A. No, sir; I don't know of any such
law, and I don't think there is any. Nearly every physician has

1222

JouRNAL oF THE HousE.

reportert cases of mania in the State medical journals or to the

State Medical Association. X early every session some papers are

presented.

Q. You do not state it a.'< a fact that the physicians of this insti-

tuti?n keep case-boo'ks? A. Yes, sir; I know that Drs. Hall,

Wh1taker and others do. I have charge of the chronic cases. Oc-

casiona.lly records do

one not

of theRe cases will recover fully justify u;; in keeping

aafrteecrobrdeionfgatlhl etrhe~sebucatstehse.

Some of these, howeYer, do get well.

({. Get Wl'll in spite of the doctors"! A. We had a lady here

who had been a patil'nt for ten year,;, and she got well in thirty.

days. She recovered and went home. Powell could better t'xplain this \Yhole

I think, matter.

hDorw. ePvoe~reltlhakteDeprs.

a case-book himself.

Dr. Hall recalle<l :
(~. Dr. Kt'lmn ha,.. asked this q twstion: "\\'here are the re!mlts of scientific treatm~c"nt of patients at this asylum"? Before I went there no records were kept." X ow, thl' eommittee would like to know if you keep a case-book in which you record the scientific treatment of your patients"! A. X o, sir, I do not. I have kept a case-book formerly, but for seYeral reasons I haYe discontinued it. One reason was that Dr. Powell told us that he did not require it, unless we had a ,;peeially intereRting case. We write up a case and nobody sees it unless the trustee,.; "ometimes call for it.
Q. You don't thinl,, then, that it is absolutely necessary to keep a case-book".' A. Xo, sir; unless the casl' is one of special interest, and in all such ca!'es I keep a histor~' of the ease; but the casebooks, as they have been kept, were perfectly useless.
Q. Have you not been in the habit of reporting the interesting caRes? A. Yes, sir, ThaY!'; and theotherphysieians, Dr. Powell and Dr. .Tones, han'. I don't know alout Dr. \Vhitaker. .Tn~t a word about the matter of seientitk treatment-about the results of that treatment. I woulrl refn you to the hooks of this institution, to the di;;charged patiPnts, to the patients who have been restored.

C. B. Crawford, being duly sworu, testified ns follows:

Representative Hunt. \Vhere do you resicle '? A. In Milledge-

ville, Baldwin eounty. Q. Do you know anything in eonnection with the .mai_~ageme_nt

of this asylum'? A. I eannot i>ay that I know anytlung m detail;

I have a general knowledge of it.

Q. Do you know anything of its officers:' A. Yes, sir; I know

something of almost all of them. .

.

Q. Do you kno"' Dr. Powdl '.' A. I do.

..

Q. Do you know how he stands in Baldwin eounty and m th1s institution'.' A. Ye;.;, sir, and he stand>' well with me. Dr. ~ow

ell is a man who is Hympathetie, conscientious, and I think IS !Ill

admtrable Kuperintendent for this institutiou. I have known h1m

longer than any other person counected with the institution. . ,

Q. Ha" Dr. Powell the reputation of being a man of veracity?

A. Yes, sir, undoubteclly. Q. Is he a man whom you believe to be trustworthy, honest and

upright? A. Entirely ;.;o; there is no question about it..

.

Q. Do you know whether or not he is sober and attentive to hlS busin~ss as Superintendent? A. I know that he is sober, and I have no doubt that he i~ attentiYe to the business of 1the asylum.

FRIDAY, OCTOBER 14, 1887.

1223

I .know, however, but little of my own personal knowledge about

theasylum.

.

Q. Has he the general reputation in this community of bemg

eober and attentive to his business? A. He certainly has.

Q. Do you know Dr. Whitaker'? A. I do. Q. What is his character in this community? A. I never heard

a word against it. Q. Do you know Dr. Hall's general character in this communi

ty? Is it good or bad'? A. I know nothing against Dr. Hall.. I

have known him since he was a boy, and I don't know auythmg

against him. Q. Do you know Dr. O'Daniel '? A. My acquaintanee with him

is but slight. Q. Do you know his general reputation in this community'? A,

His general reputation is good. I never heard anything against

him. Q. Do vou know Dr. Jones'? A. I have just about the same ac-
quaintance with Dr. Jones that I have with Dr. O'Daniel--per-

haps a little more.

Q. Are you acquainted with his general character in this community? A. I do not know anything against him. The two last

named have not been here very long. Q. Is their general reputation good or had'! A. T have never

heard anything against them.

Q. Do you know Dr. Kenan'? A. Yes, sir; I do.

Q. Did you know him when he wa~ one of the physicians at

the asylum? A. Yes, sir; I did.

Q. What is Dr. Kenan's general reputation for character in this community.? A. My relations with Dr. Kenan were somewhat

strained and unfriendly, and then they have never been intimate at all.

Q. Col. Crawford, you are a lawyer and know how to answer

this question : Is Dr. Kenan's character in the community in

which he lives a good one or a bad one? A. Dr. Kenan has some

very hot friends and some Yery hot enemies. They speak both well and bad of him.

Q. Is his character a good or bad one'? A. The community has not fully settled down on it.

Q. I ask you if that character is good or bad? A. Horne people are for whisky, and they speak warmly for him; others are opposed.

Q. Would you, from your knowledge of his character in the

community in which he lives, believe him on oath? A. I think I

would have to, from my knowledge of him, unless he was very strongly interested.

Q. Did you or did you not tell Dr. Powell that Dr. Kenan had

told you a thousand lies? A. If Dr. Powell says so T must have said it.

Q. I ask you, did you say it? A. I don't remember it.

Q. If you did say that, would you believe him on oath'! A. It would depend on circumstances.
S~nator Powell. Is Dr. Kenan recognized in this community as

a fneud of this institution, or as an obstinate and persistent oppo-

!len~? .A. There has been a bitter enmity between him and the

mstltUtiOn, there is no

~bouutbtwohfe

ther it inelu his enmity.

des

all

or not

T don't know '

but

t

Q. hd

?.~Isn~onowr!mllgntahteurcehaanradcdteisrpoofsiKtioenn,ana,nhdi

s mental idiosyncrasies his animosity towards

lieivsemwsthiatut twhen,

the wou

vindictiveness of ld say about this

his nature, would you beinstitution? A. T would

1224

JouRNAL oF THE HousE.

have to answer that as I did before. I have seen men who would tell the truth under some circumstances. That would depend a great deal on the temptation. \Vhere a man was largely interested I would take his statement with a large allowance. Dr. Kenan is human, and I would take his word freely If not interested. That is the neare;;t I can come to answering you.
Representrtive Hunt. You stated that you were acquainted with Dr. Powell and acquainted with his character. You said his. character was good. \Vould you believe him on oath? A. I would most unhesitatingly. I would believe him if he was not on oath.
Q. You haYe also stated that you knew Dr. \Vhitaker and knew his character. \Vould you believe him on oath? A. Yes, sir; I believe he is a truthful man.
Q. You say you know Dr. Hall. Would ::m believe him on
oath? A. I know of nothing to make me qu~ ;tion his truthfulness.
Q. You stated that you knew but little of Dr. O'Daniel and Dr. Jones, but that what you knew was favorable. \Vould you believe these gentlemen on their oath'? A. Yes, sir; I do not think that I would hesitate.
Dr. O'Dai1iel, recalled:
The Chairman. The committe understand that you have something further to state'? A. T merely wish to state that the way those case-books were conducted by Dr. Kenan was this: Kenan wrote them up from memory. Dr. Powell knew that, and he said to us that he did not want any such recordA; that he only wanted the historie8 of intereHting cases. I wish further to st:lte that our records will show that the recovery of cases of insanity is in dirPct ratio to the duration of the mania. If the records are consulted and compared with the number of acute cases 9*eived in the asylum, it will be seen that the sooner we get posses~ion of a patient after the attack, the better are the chancel'\ for recovery. The longer the duration of the disease before the patient comes here, the less chance there is for a rec<wery.

\Villiam Carico, being duly sworn, testified as follow~:

Representative Hunt. \Vherc do you reside'? A. In Milledge-

ville, Baldwin county.

.

.

Q. How long have you lived there? A. Pretty near all my hfe.

Q. About how many years? )L About forty years.

Q. Do you know Dr. Powell'? A. Yes, sir.

.

Q. Are you acquainted with his general character m the com-

munity in which he lives, here and at Milledgeville'? A. I am..

(~. You say you are acquainted with his general character; IS

that eharacter good or bad'.' A. It is good, sir.

Q. Woul<l you, from your knowledge of his character, believe

him on oath'.' A. Yes, Hir; I certainly would.

(.,). Do :vou know Dr. Whitnker'? A. Yes, sir.

Q. How long have you known him'? A. We were raised up

boys together. I have known him all my life.

.

(.,). Are you acquainted with his general character 111 the com-

munity in whieh he lives'! A, I think T an;1, sir.

Q. Is that charactP-r good or bad'? A. It JS good.

Q. \Vould you, from your knowledgl' of his charaoter, believe

him on oath'? A. I would.

FRIDAY, OcTOBER 14, 1887.

1225

Q. Is he a man who is attentive to his business? A. I think he

is, sir. Q. Are you acquainted with Dr. Hall? A. Yes, sir, I am.

Q. Are you acquainted with his general character in this com-

munity? A. Yes, sir. Q. Is that character good or bad? A. It is good, sir. Q. Would you, from your knowledge of his character, believe

him on oath? A. I would. Q. Are you acquainted with Dr. O'Daniel? A. Yes, sir; for

the last two or three years. Q. Are you acquainted with Dr. Jones? A. Yes, sir; but only

for two or three years. Q. You have been acquainted with these gentlemen since their

connection with this asylum'? A. Yes, sir. Q. What is their character? A. It is good, as far as I can hear

or know. Q,. From what you hear and know, would you believe them on

oath? A. I certainly would. Q. Are you acquainted with Dr. Kenan? A. Yes, sir. Q. How long have you known him? A. For thirty or forty

years-all my life. Q. Are you acquainted with his general character in this com-

munity? A. Yes, sir. Q. Is that character good or bad'? A. 'Vith me it is pretty good,

sir.

Q. I mean as to his general character in this community ? A.

He has been reported bad, hut has been all right with me.

Q. From that character, would you believe him on oath? A. I

.would believe him, so far as I know. I know nothing to the con-

trary.



Q. Do you know whether or not Dr. Kenan has any special enmity towards this institution'? Did you ever hear him say anything about it? A. Yes, sir; I have heard him speak against it often.
Q. Did you ever hear him say anything as against Dr. Powell? A. I think I have.

Q. Do you remember what it was? A. I do not ; it was some careless remarlc

Q. You have heard him say things whiCh would disparage the

management of the asylum? A. Yes, sir; it looked like he had some animosity against it.

Q. Did you hear him say anything against the other officers?

A. I did not charge my memory with it; I have heard him make remarks.

Dr. O'Daniel, recalled : Representative Hunt. Can you explain to the committee about the r~moval of a building from the grounds of the asylum'? A. No, Sir; that was done before I came here. Dr. W'hitaker can explain that to you.

Frank Wilson, being duly sworn, testified as follows: pr. Smith. Where do you reside? A. In Milledgeville, BaldWin county. Q. ~re you acquainted with the officers of this institution? A. Yes, s1r; most of them very well. Q. Ar!-l you acqu~inted with Dr. Powell? A. Yes, sir. Q. W!th_Dr. Whitaker? A. Yes, sir. Q. With Dr. Hall? A. Yes, sir.

1226

JouRNAL oF THE HousE.

Q. With Dr. Jones? A. Only slightly with Dr. Jones.

Q. Do you know anything about the workings of this institu-

tion, Mr. Wilson'! A. I cannot say that I do.

Q. What is the general character of Dr. Powell. A. It is very good.

Q. From your knowledge of his character, would you believe

him on his oath'! A. Yes, sir, I would.

Q. Are you acquainted with the character of Dr. Whitaker?

A. Yes, sir.



Q. What is his character:) A. I think it is good.

Q. From your knowledge of his character would yo'u believe

him on oath"? A. Yes, sir.

Q. What is Dr. Hall's character-good or bad? A. I think it is

good.

.



Q. From your knowledge of his character, would you believe

him on oath? A. Yes, sir.

Q. \Vhat is the character of Dr. O'Daniel "? A. I have known

him only a short time, but I think it is good.

Q. From your knowledge of his character would you believe

him on oath? A. Yes, sir.

Q. \Vhat is the character of Dr. Jones'? A. It is good as far as

I know.

Q, From your knowledge of his character, would you believe

him on oath? A. Y el", sir, I would.

Q. Are you acquainted with Dr. Kenan'? A. Yes, sir.

Q. \\That is his character in the neighborhood in which he

lives? A. It is not ver., good.

Q. From your knowlt~dge of that character, would you believe

him on his oath'! A. I would have to believe him on his oath, I

think.

Q. Your name is Frank Wilson? A. Yes, sir.

Q. Didn't you ask Dr. Powell to remove your sister from one of

the wards'! A. Yes, sir; I did.

Q. Why did you make that request? A. Because there was a

good deal of slanderous talk about Dr. Kenan and a woman.

Q. Did you hear these reports from reliable partie~'? A. Yes,

sir.

Q. And you believed the reports? A. I did, or I would not

have asked for the removal.

Senator Powell. When was that? A. It has been some time

ago; eight or nine years ago, or seven or eight years ago. It has

been over seven. It was while Dr. Kenan was here, after Dr.

Green's Death.

Q. \Vas your sister in Dr. Kenan's ward"? A. Yes, sir.

Q. And you asked for her removal? A. I only wanted to get

her away from this woman.

Q. Did he remove her? A. He did not just at that time. I do

not remember whether he asked me my reasons, but he knew my

reasons. I think he said: "Frank, if there is anything wrong it

will come out." I think I asked him not to ask me why I made

the request.

Dr. Smith. And yet you state that you would believe Dr. Kenan

on his oath"? A. I really don't know whether I would or not.

Q. You say you hwe every reason to believe these reports were

true. Would you believe any man who could be so recreant.to the trust repo~ed in him as to take advantage of a female attend-

ant here in the asylum'! A. It might be that he didn't take

advantage of her. Q. Even if she was willing-even if it was a trade, would he

FRIDAY, OCTOBER 14, 1887.

1227

not be recreant to his tmst '? A. I can't say. I don't like to say that I would not believe him on his oath.
Q. Would you now believe a man on his oath who would be so recreant to the trust reposed in him as to violate his obligation by being guilty of grossly immoral conduct in a lunatic asAylum? A. I can't say that I would not believe him.
Q. What is your opinion of a man who would do that? A. It
is not good, by any means.

On motion of Representative Hunt, all the evidence given in regard to the other committee was ruled out.
Senator Powell. You say you are acquainted with the officers of this institution-Drs. Powell, Whitaker, O'Daniel, Hall and Jones -are they sober men'? A. I think so, sir.
Q. All of them'? A. Well, I don't know. I don't mean to say that none of them ever take a drink.
Q. Do yon know of any of them being drunk since they have . been connected with this asylum';' A. I have seen some of them
when I thought they were under the influence of whisky. Q. Which one'.' A. I have seeu Mr. West and Dr. Whitaker,
one time, when I thought he was under the influence of something.
Q. You never saw him take a drink at that time? A. No, sir. Q. How many times have you seen that? A. I don't know, sir. Q. Did you ever see it but the one time you refer to? A. I don't know. Q. How many times did you ever see Dr. vYhitaker drunk'? A. I do not know that he was drmik or not. Q. How many times did you ever see .M:r. West drunk'? A. When I see a man under the influence of something I call him drunk . . Q. If he was a little talkative, you would call it drunk. A. No,
Slr.
Q. Would you call a man drunk who was capable of going on and attending to his business as well as if he had not taken anything? A. No, sir; I would not consider him drunk, but would consider him under the influence of whisky. But I don't know whether it was whisky or not.
Q. Have you ever seen Mr. West or Dr. Whitaker in a condition at this asylum that they could not attend to their duties? A. I don't know that I ever did, sir.

B. T. Bethune, being duly sworn, testified as follows:

Representative Hunt. Do you know Dr. Powell'? A. Yes, sir.

Q. How many times did you ever see him drunk? A. Never,

sir..i. never heard that he was ever drunk. ~- Are you acquainted with his general character in this com-
munity? A. Yes, sir.

Q. Is his character good or bad'? A. It is good, sir.

Q.. Would you, from a knowledge of his character, believe him

on hiB oatlr? A. Yes, sir ; I would.

Q. Has Dr. Powell a character for honesty and integrity in this

community? A. Yes, sir; he has.



Q. Has he or not the reputation of a moral and upright man in

every sense of the word '? A. He has.

Q. Are you acquainted with Dr. Whitaker'? A. Yes, sir.

1228

JouRNAL oF THE HousE.

Q. How many times did you ever see Dr. Whitaker drunk'' A

I never saw him drunk.



Q. Are you acquainted with his general character in this community? A. Yes, sir.

Q. Is that character good or bad? A. It is good.

Q. From your knowledge of his character would you believe

him on oath? A. Yes, sir.

Q. Is he a moral or an immoral man, from his character and

reputation in this community'? A. He stands well as a moral

man.

Q. Are you acquainted with Dr. Hall? A. Yes, sir.

Q. How many times have you seen him drunk ? A. Never saw

him drunk in my life.

Q. Do you see much of him ? How often do you see him ? A.

Sometimes every day. Sometimes two or three times a week.

Q. You say you never saw him drunk A. I never did.

Q. Are you acquainted with his general character in this com-

munity? A. Yes, sir.

Q. Is it good or bad? A. It is good, sir.

Q. vVould you, from a knowledge of his character, believe him

on oath'? A. Yes, sir.

Q. Are you acquainted with Dr. O'Daniel? A. Yes, sir.

Q. How many times have you seen him drunk? A. Never saw

him drunk.

Q. Did you ever see him under the influence of whisky? A. I

never did.

Q. Are you acquainted with his general character in this com-

munity? A. Yes, sir.

Q. Is that character good or bad? A. Good.

Q. vVould you, from a knowledge of his character, believe him

on oath'.' A. Yes, sir.

Q. Are you acquainted with Dr. Jones? A. Yes, sir.

Q. Did you ever see him drunk'? A. I never did.

Q. Are you acquainted with his general character in this com-

munit~ ? A. Yes, sir; I am.

Q. Is that character good or bad? A. It is good.

Q. From your knowledge of his character, would you believe

him on oath'? A. Yes, sir.

Q. Are you acquainted with ~lr. Lamar? A. Yes, sir.

Q. Did you ever see him drunk since he has been an officer of

this institution? A. No, sir.

Q. Are you acquainted with his general character? A. Yes, sir.

Q. Is that character good or bad? A. It is good.

Q. Would you, from a knowledge of his character, believe him

on his oath? A. Y e;;, sir.

Q. Do you know :Mr. Hollinshead? A. Yes, sir.

Q. Ever seen him drunk since he has been connected with this

institution? A. No, sir.

Q. Are you acquainted with his general character in the com-

munity in which he live'i? A. Yes, sir.

Q. Is that character good or bad ? A. It is good.

Q. Would you, from a knowledge of his character, believe him

on his oath? A. Yes, sir.

Q. Are you acquainted with Mr. West? A. Yes, sir.

Q. How long haYc you known him? "\ Eight or nine years.

Q. How many times have you seen him drunk? A. I have

never seen him drunk. Q. Are you acquainted with his general character in the com-

munity in which he lives? A. Yes, sir.

FRIDAY, OCTOBER 14, 1887.

1229

Q. Is that character good or bad'? A. It is good, so far as I know. Q. From your knowledge of his general character, would you
believe him on oath? A. Yes, sir. Q. How many times have you seen the Treasurer, Mr. Windsor,
drunk? A. Never saw him drunk in my life. Q. Areyouacquaintcd withhisgeneralcharacter? A. Yes, sir.
Q. Is it good or bad'? A. It is good. Q. From your knowledge of his character, would you believe
him on his oath'? A. Yes, sir, I would. Q. Arc you acquainted with Dr. Kenan? A. Yes, sir. . Q. Did you ever Hee him drunk while conneeted with thiR msti-
tution '? A. Xo, sir. Q. Are you acquainted with hh.; g-eneral character: A. Yes, sir. Q. Is that character good or bad . A. It is not good ; he does
not bear a good reputation. Q. 'Vould you, from your knowledge of his clmmeter in the
community in which he Jiyes, belie\'C him on his oat.h : A. I am not prepared to say 1 would not.

J. D. Case, being duly swom, te,.:til1erl as follo\\s:

Representati\e Hunt. 'Vllere do you live: A. In :\filledgeville, Baluwin county, (Jeorgia.
Q. Are you aequainted with Dr. Powell? A. Y('" sir; I am. Q. An you HC(lLHlinted with his general r:lmnwtt>r in this corn-
munit.y'.' A. Yes, "ir; I think lam. Q. Is that eharaeter good or bad".' A. It is good. Q. From your knowlcdgl' of hiH ehanwter, woulrl you belieye
him on oath"? A. I mo,_,t eertainly wonltl, sir.
Q. Did you e\er St't' Dr. Powell intoxir11tc<l"? A. Xo, sir. Q. I~ hi~ reputation in tin~ emnnmnit_y that of a moral or an
immoral man".' A. It b that of a moral Hwn, alloYl' rLproaeh. Q. Are you aequainted with Dr. 'Vhitnker ".' A. YP~, ~ir; I am
acquaintf'd with all of the otliecr:-;, and I \I ill inelmk them all. Q. Are you :uquainted witl! their gcneml character~ in the
community in which tlHy nsi1le ".' A. es, sir; I belie\c I am. Q. Is that charatter g-ood or barl'.' A. It is f!'OOd.

Q. 'Vouhl you, from a knowle1lge of the elmra<'ler of the officers

of this in~titution, bdicn tlltm Oll their oaths.> A. I always

would, sir.



Q. Have you ever seen any of thPlll dnwk ".' c\.. Xo, sir; HeYer in my life. I can state that ,.;t~n:ral of tht~ oHiccr,; are not strict

prohihitionisb-will take a 1lrillk of liquor, hut their I"l']mtation

througlwut this eomiHunit y is tlut of ,;olJcr llll'Il. Xo one of

them b known as a drunl~anl, but some of thcm will take a

drink.



Q. Did you ever see any of the oflkcrs so intoxieaterl that he was incaptwitated from attending to hi~ 1luties ".' A. I lmYe nl'Yer seen any of them intoxieat.erl that I know of. Dr. O'Daniel and Dr. \Vhitake1 I have been intimately Ut'(Jttaintecl with, and I
ne_ve: saw _them dmn k since they luwe been eonnected with this mstitutwn. 'rhoy arc not known as druukarrls, or drinking men, but tlwy are known as sober men, antl thev all stand above reproach in every respeet that makes a man.

Q. You mean to say that they are men who would not hesitate

to take a social glass? A. 'l'hat is what I mean. I have taken it

with some of them myself, but never saw one of them drunk or

intoxicated.



Q. Are you acquainted with Dr. Kenan? A. I am, sir.

.1230

JouRNAL OF THE HousE.

Q. Are you acquainted with his general character in this comnninity ? A. I am.

Q. :What is his character, good or bad? A. It is bad beyond

. questwn.

.

_Q. Fro~ your k.nowledge of his character, would you believe

lnm on h1s oath ? A. If he had any object to attain I don't th~nk he 'You~d hesitate to tell a lie. Dr. Kenan's repu'tation in Mlll~dgev~lle 1s that of a man not standing up to his obligations.

I thmk, 1f you would examine the books of the merchants of

:\Hlledgeville, the store books, you would find this out. I would take five cents 011 the dollar for a claim against him.
Q. Is there any animosity between you and Dr. Kenan? A.
::'\one whate\er.

Q. Your testimony, then, is not prejudieed; you onlv state what

you belie\'e '! A. Y t'S, sir; that is all.



Colonel F. F. X ewell, recalled:

By the Chairman. Are you a member of the Board of Trustees? A. Yes, sir.

Q.. How long have you been a 1nember? A. I cannot remem-

ber the time. I was appointed to succeed Colonel \Vhitley.

Q. How nmny members of the board are there? A. Five Inernbers.

Q. \Vho are they'? A. Dr. W. H. Hall, T. F. Latimore, Dr. T.

S. Hopkins, Dr. .T. D. Erwin and myself.



Q. where do you live? A. In Milledgeville.

Q. \Vhere dues Dr. Hall reside'? A. In .Milledgeville.

Q. Dr. Hopkins? A. In Thomasville.

Q. :\Ir. Latimore'? A. He lives in Midway.

Q. Where does Dr. Erwin live'? A. He lives in this county

(Baldwin).

Q. Then you have four trustees in this county and one in

Thomasville? A. Yes, sir.

Q. Do you generally have a full attendance of the board? A.

~o, Hir; it is a very difficult matter to get Lbe non-resident mem-

bers of the board to attend. \Ve have a full attendance of the

resident members (>f the board, but the nun-resident members do

not attend regularly. 'l'hat has been true for some two or three

years.

Q. The transaction of the business, then, devolves on the local

members? A. To a great extent it does. I will qualify that,

however, by saying that during the expenditure of the money for

those buildings we had a full attendance. Colonel Whitt)e was

always here, and also Mr. Cabaniss was here.

Q. Is Dr. Hall your brother-in-law? A. No, sir. Q. Are you brother-in-law to Dr. Latimore'? A. No, sir.

Q. Are any members of the board brother-in-law to the doctor?

A. No, sir.

?

Q. Are any two of the members of the board brothers-in-law.

A. No, sir.

Q. Any of them first cousins? A. No, sir.

.

Q. Any of you related in any way, either by blood or marriage?

ANo,s~

.

(~. Do vou believe that it would be for the interest of the msti-

tution to 'lmve the Board of 'l'rustt>es increased in number, from

the knowledge you have of the workings of the institution? A.

No, sir ; I do not.



Q. You think that the interests of this institution would be as

well furthered by the present board as it would, or more than it

FRIDAY, OCTOBER 14, 1887.

1231.

would, by the number being increased to a dozen or more-to any

number above six? A. I do not believe the board ought to be in-

creased beyond five members. Where the responsibility is so

much scattered, among so many, I could .not imagine that it

would be so well.

Q. Is either one of the officers or physicians of this institution

either brother-in-law or son-in-law to any member of the Board of

Trustees? A. Dr. Hall is a son of the old doctor ; with that

exception, I don't think any of them are related.



Q. Are any of the trustees physicians, as required by law"! A.

We have two of ths most competent physicians in tilt' Rtate, Dr.

Hopkins and Dr. Hall.

Adjourned until eight o'clock \Yednesday morning.

\Vednesday nwrning the committee met according to adjournment, the same members being present as on yesterday.
Dr. Kenan, being duly ;;worn, testified as follows:
Representative Hunt. The committee want to know if you have any specific charges to bring against the officers of this institution as to their conduct or management generally of the affairs of the asylum, and if so, state what these charges are. You Will remember we are here to investigate, and we want to know what the charges are so that we can investigate them. A: I have not been counected with the institution for four years, but I have heard a good many thiugs. I have also seen some things, but I have not written out or made any specific charges other than those I made on the floor of the House, and these charges are being investigated by another committee.
Q. These, then, are all the charges you make? A. At present, all I remember, only I have seen some of the officers when they had too much liquor on board, and we are not yet through with our investigation up-stairs. Of course I have stated that there was misappropriation of the State's money.
Q. Will you be kind enough to give us the names of the officers who had too much whisky on board'? A. Dr. \Vhitaker, Dr. Hall, Mr. "'est and Mr. Graves.
Q. And you say there was a mh;appropriation of funds. A. I don't bring that in the form of a charge.
Q. Do you remember the times when you saw these parties drunk~ A. Yes, sir; I have seen Dr. Whitaker twice that I could swear to the dates of, and then at other times when I cannot get the dates in my mind. One witness I haYe not yet brought will swear to that. One was a :\fay party frolic and the other time was the May frolic at night. In my room he alltHled to it; I can't remember the year it was.
Q. About what year'? A. It was about 1H82or lHH:~; itwaseither 1881, 1882 or 1883; somewhere along there; I left here, I think, in 1883. I charge also that case-books were not regularly kept, and I asked the question, where was the result of seientific treatment? They seem to allude to what I said on the floor of the House.
Q. Is there any special statute requiring physicians to keep casebooks'! A. I don't know of any statnte.
Q. I suppose, then, that it is a matter of eonvenience with each one of the physicians? A. I suppose it is, unle,.;s the trustees or Superintendent require it. I supposed that one of the trustees was

1232

JOURNAL OF THE HOUSE.

put on the board as a physi.cian to look after the medical treat-

~en~, and I don't see how they can keep a record of the institu-

tiOn If there was no record of the medical doings of this institu-

tion. lTp to the time when I became an officer the dead and dy-

ing, the sick and the wounded, of them there is no record. The

mere matter of a death is entered, but there is not a perfect history

of all the cases, even while I was here.

Q. Do ):ou .k~IOW: wl~l'ther tl~e Board of Trustees or the Superin-

tendent of th1~ mshtutwn re![l\lre ease-books to be kept? A. They

n~quired it when I was her\'; what thPy have done since I left

I do not know. 'Vitnesses have not te~-;tifie<l about that.

'

(~. Did you Pver :-;ee Dr. Hall and :\lr. \Vest under the influence

of "'hisky '! A. Yes, ~ir; but I don't tix on the time, hut it Will!

lookP<l upon n~ such a <ommon O<~currence that I didn't pay any

attention.

Q. Do you renumher tlw )ear in which it was'? .\. T could not

S\Ycnr to it as being one year or another, hut it was louke<l upon Ill!
a eoumwn thiug.
Q. 'Vould not a common thing in1press it upon you as to a certain tinw, a ('ertain year :m<l a phwe, although it might be comrrwll '? Can't you re(all :,:omc tinH or :':ome pla<oe when you ~w

them undPr the in1lnPncc- of whisky'? A. At the time I diu think I lll'Yer would forget it, hut it wa~ in Milledgeville. I have not
bl't>il out here for four year><, an<l T seveml times would see them iu tow:;_L '8 ~ l:..:.n met in the lmr-rooms together. I can probably gPt other~ whom I (an put on the stand who will testify to tlw ~allH' thing.
<l. llr. K'mln, <li<l you, "hile you "ere here, build a stable and
chid;:cn ltou~e on the grounds of the asylum'? A. Yes, sir, I did; and I pnid forth<' htllthPr, and it wa,., nev<>r on the asylum lund. I did just a~ Dr. 1'01nll did 1\'lHn he nrnoved his. Mine was hnnlP<l from Turk's. Dr. l'owdl rentovc<l his from the lot where 'n' kl'pt our lwr~(',.,. Ht~ enniP<l his to the Taggart place that he bought from Nupp!C'. I (arricd my stable away, ami ,~hen .Col.
\\'hittl<' askt<l about it, I told hint that \Yileox would gtve lnrn a

tnH' ver.-;ion of it and cnlltd on 'Vileox. HP l"<lllte down here and fi~hed it out, a11d Turk told him that tlH' lumlwr was haultd to me. ('apt. '\'il<ox, of :\lac-on, wa~ the ehirf <ngillcl'~ 1 have t!Je reel'ipts for all ti1e thing,; I got. ~Ir. Lamar hns satd th:~t Dr. ~enan would not pay hi' ;wc-ollnt~ when I staid hPL'e and dtd serviCe up to tlte vet-y dtiv I ld't. I !tad drawn l'iltHnl~ for part of the month, b11t I \\as Pnt:itll>d to ]'H.\" for m.v work for tlw fnu~ion of .t.he month, and whe11 till'~ pns<>ntul the bill for the fr:utwn I Mtd I

was en!illttl to pay for Jll\' "ork, a11rl ,.;o tiH'.Y <ould .JUSt sqw.tre the aec-onnb. 'l'hb j,," thu sot"ution of !IH' whole ntatter. '!'hey Ha~ I owe tlw a,.;.1lum for p1nvisiolls. H is not so. 'J'hey owe me for ;;erviles, and I just told 11Hm to apply my pay to that. But Ill!

nganls tiH staiJil')t was milll'.
<!. You say tlw lumber was

your.~,

arul

the

.

.,

slungles.

A. Yes,

sir;
<.l.

:\Ir. HanunmHl I H<l you remov

sold e the

mhoeutslewosvheinr ghli<sso.bjeet~ons?

. A ..certamly

I did. \\'hen it wa" partly torn down he sat<! somethmg aoout

not renw\"in.r it. Q.. Hut yoG went on and removed it'? . A. Certainly I di.d: f (~.. 'VImt position was Hammond filling? A. 'l'he postt!Oll o
steward. I claimed the ;;ame right that Dr. Powell took when he
moved his ehieken eoop. vVe were both renting the place

together. Q.. 'l'he stable was built on the asylum p1opertr? A. Yes, sir i

it was.

FRIDAY, OcTOBER 14, 1887.

1233

Q. And you removed it from hereon your own property"? A.

Yes, sir; certainly.

Q. Did you ever make any promises to any of the attendants in

or around the asylum that if they would stick to you and testify

for you that you would see that their wages were raised, if they

would stick to you in some of your charges"? A. I have no recol-

lection of telling any man that if he would stick to me-my cause

is not a personal cau...e, it is a general cause-I have stated this,

that some of the attendants didn't get sufficient, while others got

tmooonmthucthh~reanwdatshnaot

while thing

the officers could go off and deducted from their wages. I

stay for a have said

that I thought it unjust to make a wagoner lose his time, and I

say so again and reiterate it.

Q. You didn't say that if they would stick to you that you

would see that their wages were raised? A. No, sir; I have no

such recollection of any such '!'om-foolery as that. I have said

that the operatives, ;;ome got too much and others not enough.

Q. Did you say that when you were a member of this institu-

tion or since ? A. I was in favor of paying some of them more

then. I was one of those-who advocated it. Mr. Hollinshead is

present and will bear me out in what I say. Am I not right, .:\Ir.

Hollinshead? I also state that I thought Mr. Graves did more

work and got less pay than almost any man in the institution.

Q. You have said that some of the officers here were drunk

during the years 1SS1, 1882 or 188~; were you drunk at the same

time'? A. I used to drink beer, and drank just when I pleased

and what I pleased, and asked nobody any odds.

Q. You say you did not drink anything to intoxicate you? A.

No, sir; and the man who says it falsities himself, whoever he is.

Q. Did you report these officers at the time you say they were

drunk, or had drank too much'? A. No, sir; I had told Dr.

Powell when \Vhitaker was employed-! told him then that

Whitaker had the character of a drinking man and would give

him trouble.

Q. That, then, is the only report that you made'? A. Of course it was; it was too patent to everybody about Graves and Dr. Hall. Hall don't deny taking a drink when he wants to.
Q. You say they got drunk at the May party-where was that May party ghen '? A. It wa;.; here at the asylum.

Q. Didn't you meet Dr. Whitaker in Milledgeville when he was applying for this place and tell him you would do all you could
for him'? A. Yes, sir; I did, and T did what r could to assist him.
But Powell was talking about it, and then I was Powell's friend, and he was discussing as to who they would have, and there are no secrets about it. vVe were standing in the office hefore the fire-
place. I told him that there was one objection I could see-that I thou~ht a doctor ought to be aboYe reproach to be there.
Q. D1d you ever see Dr. Whitaker drink whisky? A. He has drank whisky, I think, in the apothecary shop; lie drank beer in the asylum.

Q. You did too, did you not? A. Yes, sir; we used to keep it

in a keg, and I have drank heer and I don't deny it. Q. I unde~stand you to say that any of you drank it whenever

you W:tnted 1t, but that they took too much and you didn't? A. Yes, su ; that is it.

9 r,::tlO_Ynouo.fsatihdetShtaattye'osuf~mnadds;e

a charge that there was a misapprobe kind enough to tell this cornmit-

wherem and how th1s was. A. The evidence is taken down

78

1234

JouRNAL oF THE HousE.

before giving

our committee. an officer money

One after

thmeissaaplaprrioeps rhiaatdiobneewn afsi~eId

think '

in

h~Qr

.$2W00h, aant .odff~ictehri

was that? A. It nk the_y; gave Mr.

was the matron they gave Gra_ves $100, and there was a

m~sappropnahon, somethmg about a miscalculation, about some

bncks. It was stated before us, and they brought out the treasurer's books in regard to some bric~s that were bought; and then

when the money was firHt appropnated for these two-story build-

ings it was for the Legislature to provide $160,000 for two two-story

convalescent wards. The contract waR given out for one three-

stt!n. building, and in .some way they asked an additional appro-

pnatwn. to put on a tlurd story on each of the buildings, and they

then saHl tlwy could take care of the harmless imbeciles. The

appropriation was asked. for cm.n:alescent wards, ~nd an appropri-

atiOn was matle; and, m additiOn to that, I thmk there was a

mistake made about bricks, but I refer you to the steward's books

aml the evidPnee given before our <ommittee, because I don't

know much about that.

(~. In the first instance you say that the Matron was paid $200

more than the sum set out to be paid her by the trustees? A.

Yes, sir.

Q. The trustees made the rule as to what the salaries should be?

-~ Yes, sir. Q. And the trustees changed it and gave her $200 more? A.

Yes, sir; nobody else could do it.

Q. When was that'? A. I <lon't remember the year. The

l\Iatron was ::\Irs. Brown, the former ;.v[atron. I thought that it

was wrong also for the Trustees to buy land without an order from

the Legislature. They have no right to buy or sell land without

getting an appropriation.

Q. \Vere you here at the time this extra money was paid to the

l\Iatron, Mrs. Brown'? A. Yes, sir.

Q. Do you know that of your own knowledge'? A. I think I

saw it in the book of minutes, and 'the question was asked, and it

was said that the salaries, after they are fixed, cannot be

augmented. (~. It seems to me that any power which can pass a rule can

break it'! A. But the law says that after the salary was fixed it

cannot be altered; it is contrary to law to give more as a present.

Q. Cannot any government authority that has the right to make

a law also have the right to break it'? You say that there was

extra pay given to Graves and some others? A. Yes, sir. Q. \Vas not this money giYen for extra services perfo~med by

them'! A. I don't see how it eould be extra when their whole

time belongs to the institution. I will state right here that they deducted one-half day of my time and I signed the pay-roll und~r

protest, and I would ask this committee to investigate and see 1f

the pay of any other officer has been deducted on account of

absence. Senator Powell. How mud1 b considered a day's work here?

A. It is from one night's end to another.

Q. 1 mean for the employes and attendants'? A. I don't know

wh<cal.

t

time. I supposed

there

was

some

method

about it'!

A. 'fhe team-

sters and the carpenters had their difterent hours.

.

C!. Did they have a certain time to go to work and a ce.,rtam

time to quit. I mean the att~ndantH and other empl?yes A.

No sii" the attendants are considered on duty all the tlme. The night ~atches sleep in the day time and go on again at night, but the assistant physicians and the ~Iatron and the attendants are

FRIDAY, OcTOBER 14, 1887.

1235

on duty all the time; they are supposed to have no hours on or oft when they WQrk, and if they are absent they supply some-
body in their places. The doctor details !-lome one to take. the place of those absent. Even the ,;pecial attPndants are provided

foQr .

they borrow Was it not

a a

man rule

from that

the no

hall. officer

should

leave

mor~ than

twice a week. \Vas it not for the reason that you left witho.ut

leave that this deduction of your pay was. made"! A. Yes, Sir; they first had it om-half day, but deduc~ted It to a fourth of a day

and then I signed the pay-roll under protest. Dr. Smith. You lea,e thf' imprt'Silion from your evidence that
some of the officer.~ of this institution ha,e gone for months from. their duties"! A. I didn't state that he wa,.; gom for months at a time, but that the State paid his W<ty. I think all of them took a month. I think Dr. \VhitakPr wa~ gmw more than a month to
Indian Springs and Dr. Howell has lll'l'n gone more than a month. Q. Is not this leave of ab,;ence given hy the Board of Trustees?
A. Yes, and the wagPs aiHl Pverything else is fixed ~~~-the Trus-

tees to thei-ie poor atteudant,.;.

Dr. \Valkl'l". Do you know wbethl'r or not :\Ir. \VeHt, the apoth-

ecary, has rt'ccived an injury to hb spine".' A.. I have heard so;

he was sick a long time in :\filledgevilll' at the time he fell off a

trapeze.



Q. Don't you know that he was in tlw habit of taking a nar-

cotic for this injury? A. I do not know.

Q. You are familiar with the effects of atrophine aud drugs of

that kiml".' A. Yt's, sir; that eYidence has all been fully drawn

out before the other committee.

Senator Powell. Is there anything else, doctor? A. Only the

charge of not keeping regular case-books.

Representative Hunt. Havl' you any elmrges to make against

the General Superintewlent, or against any of the officers of this

institution upon the idea of nepotism"! A. Yes, sir; I have stated

it as a fact that from Uov. l\IcT>aniel down this thing existect. I

suppose the whole of Georgia think,., that. I stated at tht' time

of the appointment of young Dr. Hall by Dr. Powell, when the

power was rlelegated to him to appoiut him. I statecl that when

the sun of a Trustee was appointl'd that the 'l'rustee should re,;ign,

and I still ha\e the same opinion; and I think, also, that one of

the Trustees is kin to the Superintendent's wife; and the apothe-

cary is a son-in-law of the f-iuperintendent, and I have understood

within the last forty-eight hours that Dr. 0' Daniel is kin to Dr. Jones. ~-\.nd when .Jones was eleeterl he was the grandson of General M~ rick, who was then a trustee. I also stated that Dr.

O'Daniel was related to Dr..Jone;;; I had ne,er hearrl that up to

forty-eight hours ago.

Q. These are the only charges you make"! A. Yes, and that the apothecary is son-in-law to the Supcrintt'ndent.
Q. How long ha~ thP apothecary been here'.' A. f-it'ven or eight years; I supposp about that time.

Q. About how long was he here bcfore he marriecl Dr. Powell's
daughter? A. r ran't remember that, but the books will show
that.

Q. Was he not here some three or four years before he was

married? A. 'l'he books will show the year he came and the

year of his marriage.





Representative Fagan. When these officers you have named were supposed to be under the influence of liquor, were they in the presence of any of the inmates of this institution? Were

12~~6

JouRNAL oF THE HouEs.

they on duty? A. Yes, sir; because the inmates of this institution walk all about the institution and all over Midway.
Q. When you were Superintendent pro tem., when the Superintendent was away, did you or not run the ball one night until
two o'clock? A. 1"o, sir ; I have no recollection of it, and I have
asked several and they have no recollection of it. The Chairman. Dr. Kenan, you can retire.
Dr. Kenan. I understand my character has been attacked here before this committee, and I demand to be heard in my vindication. I have evidence I wish to produce.
The Chairman. Certainly; you shall be heard. You shall have ample opportunity to present any evidence you desire.

Dr. J. L. Harris, ueing duly sworn, testified as follows:

Representative Hunt. It has been charged that Mr. West thl'

apothecary of this asylum, is a man who gets drunk, and Dr.' Ke-

nan, who makes the charge, says the times are so numerous that

he is unable to tell when and where he was drunk. Are you ac-

quainted with Mr. \Vest'.' A. Yes, sir; Ihaveknown him for

fifteen years.

Q. where do you live? A. In Milledgeville.

Q. You are a practieing physician, I believe? A. Yes, sir.

Q. How long have you been practicing? A. For twenty-seven

years.

Q. Do you know anything about an injury Mr. West is

said to have sustained? A. Xot of my own knowledge. I heard

of it from a number of parties.

Q. Have you prescibed medicine for Mr. West? A. Yes, sir;

very often.

Q. \Vas it for a malady peculiar tlJ himself, or was it an usual

prescription'? A. It was for a malady peculiar to himself-a nerv-

om> trouble. He was ~mffering from an injury to his spine. Q.. Do you know what were the causes of that nervous trouble?

A. I attributed it to the injury he had sustained by a fall.

Q. \Vill you please to tell this committee what you prescribed for ~Ir. \VeRt? A. l\Iorphine, atrophine and various bromides.

Q. Tell thi,; committe<> what effect those medicines would have

on 1\Ir. \Ycst '? A. They would quiet his severe pains. I would

injeet the morphine in his arm. Q. 'fhe effect of these remedies on him would indicate to the
people generally that he was UIHler the influence of som~thing for the time being"! A. Yes, ~-;ir; while he was on his feet, If he was

under the inftuenee of morphine aud atrophine. (~. Did you ever prescribe enough to place him in a co!ldition

unfitted to attend to hi;.; duties'? A. Yes, sir; I prescribed It when

he had no business in the store and when he ought to have gone

to bed. Q. Do

you

know

whether

or

not

West

drinks

to

an

extent

t~at

renders him unfit to attend to his duties? A. I never saw him

take a I have

drink of liquor, or known him long;

saw he

him was

tuhnedperrintCl~iepailnfplrueesnccn~potw.f nliqcu~eorrk.

at the drug store where I had my prescriptions filled. I consider

him a very competent apothecary. Q. Is he careful and discreet in

preparing

~?-is

pr~scr.ipt. wns?

A. I always found him so. I never heard of his makmg but one

m

iQs t. aYk~eu,a ntdh

tha en,

t c

was one any onsider him

one wo to be a

uflidrsbt-ecllaiassblaepotot.mh~ackaer.y?

Yes, sir ; he was passed before the Board of PhysiCians of

tA~e.

State of Georgia as an apothecary. That board makes three dlS-

FRIDAY, Ou.roBER 14, 1887.

1237

tinctions-druggists, apothecaries and ph~rmaci_sts. 'l'he phar~a cists are the highest grad~, the next h1ghe~t us. the apothecanes and the lowest is the drugg11o~ts. My recollectiOn Is that Mr. West

passed as an apothecary.

,

Q. You say you live in Milledgeville and have lived there for a number of years, and are intimately acqu3;inted with the offic~rs

of this asylum. Did yon ever see Dr. Whitaker drunk"? A. -:'\o,

sir; never.

.

Q. Ever see him intoxicated? A. No, sir.

Q. Did you ever !"lee Dr. Ha~l intoxi_cated to that extent a>~.to

incapacitate him from attendmg to bus dutle;.;? A. T never did,

sir. Q. You say you are acquainted with Dr. Powell; arc you ac-

qainted with his general character in thiH community? A. I am.

Q. Is that charaeter good or bad"? A. 'rhere are none better

that I have heard of.

Q. Would you, from your knowledge of his character, believe

him on his oath'? A. Yes, sir; I would believe anything he would

tell me without his being on oath.

Q. You are acquainted with Dr. Whitaker".' A. Yes, sir.

Q. Are you acqainted with his g-eneral character'? A. Yes,

sir.

Q. Is that character good or bad".' A. It is good.

Q. Would you, from a knowledge of his character, belieYe him

on his oath'.' A. Yes, sir.

Q. Are you acquainted with Dr. Hall? A. Yes, sir.

Q. Are you acquainted with his ge11eral character in the com-

munity in which he lives? A. Yes, sir; I am.

Q. is that character good or bad '? A. It is good, sir.

Q. Would you, from your knowledge of his character, believe

him on his oath? A. I would.

Q. Are you acquainted with Dr. Kenan? A. Yes, sir.

Q. Are you acquainted with his general character in the com-

munity in which he liYes? A. Yes, sir; I am.

Q. Is his character good or bad".' A. It is not good in this com-

munity.

Q. From your knowledge of his eharacte1, would you uelieve

him on his oath? A. If it was anything relating to this institu-

tion I would not believe him on his oath.

Dr. Powell, the Superintendent, being duly sworn, testified as follows:

Representative Hunt. Doctor, what position do you hold in this

institution? A. I am Superintendent of the asylum; haw gen-

eral supervision.

Q. There have been some general and some ~pecific charges

made before this committee which I will state to you, and we woul~ be glad if you would explain them to the committee. 'rhe

first Is a misappropriation of the funds in that there was paid to

Mrs. Brown, the former Matron, $200 over and above her wages;

also tha.t there was paid to your private secretary, l\ir. Gra,es, 8100

over and abovt his salary? A. Mr. Chairman and Gentlemen of

the Committee. It is true that the trustees paid to Mrs. Brown $200. I can't say p_o~itively that this was the amount. 'l'hey had conte~plated ~aismg her salary, but it was overlooked and they then

paid her this amount. Mrs. Brown was one of the most faithful

1aofnfsdhhueemtwfaimacsit~~sntt.cokf,f~IicfnesyrhsehIoweuavrse, rcnakilgnlehedtwoo.rndhSaehyre,

literally lived for the good
it made no difference even reply was, "T will be there

in a moment." Her whole life was given to these afflicted people,

1238

JouRNAL OF THE HousE.

not only during the day, but uight and day and at all times, and

no one knew. that better than the trustees and myself and other

officers, espeCially Col. Whittle, the late President of the Board of

Trustees.. Th!s w~s the reason that they gave Mrs. Brown this

money. I thmk 1t was $200. Mr. Graves was called on to do a

great deal worked on

of it

extra work. principally at

I ean't night,

say exactly what and the Board of

iTtrwusats ~bsugtahvee

him $100 for that work.

{~. Was not this money paid 1\Ir. Grave;; for making two books

which wert> indispensable to this institution".' A. Yes sir that

was what it was for; they wautefl it immediately, as sdon a's pos-

sible. He did the work of preparing these books, and Col. Wbit-

lf'y asked for or sugg-estf'd that he lw paid this extra $100.

Q. \Vho were the trustees at the time'! A. 'fhere were two sets

Col. Whitley was ehairman, Col. Mott, Col. Pinkard of Forsyth'

and Capt. ::'\ewell, I think, were trustees.

'

'

Q. \Vhat power is Yl'sted in the Board of Trustef's as to the ex-

pf'nditure of mmwy here! The I'tate grunts so much money and

then what power is wsted i11 tht trustees o appropriate it? A.

So far as the salarie~ are eoneenwd, tlw trustees ha,e the right to

fix the amount and the duties. This is withiu the pro,ince of the

trustef s. ?\Iy salary is appropriated by tht I'tate; I draw mine di-

reet from the treasury. I have been eonnected with the a8ylum

for twenty-six years. I was here ~s first ~ssistant phy~ieian with

Ur. Ureen. \Vhen I came lH're the Board of Trustees fixed the

salaries and perquisites. They then got so mueh ~alary and ev-

erything furnbhed. I think thh; is the only institution in which

everything is not furni~hed.

Q. How long havf' you bPen Huperintemlent '! A. Hince l!i79;

this is my twenty-sixth :vear. I am just Pntering- on the twenty-

sixth.

Q. 'fhere iK another eharw, that of nepoti;,m, in that the trus-

tees and the nuthoritie~ of thi~ n:o~hn1 have emplo~rfl tlwir rela-

tives or plaeed the Ill ill po~itions IJt:re; state what you know about

this charge. A. 1 think I ean go through that pretty well. In

the first plaee I will <ornmt'IHe with myself. I have a son-in-law

who is the ar.othecary of the asylum, hut that was not by my pre-

ferment. He was here as apotheeary for several years before he

was married to my daughter. Dr. Hall has a son who is an assist

ant physieian. I am alone responsible for that appointment-the

trustees not at all. I saw we would soon need to htwe another as-

sistant ph:ysieian, and there are but the fewest number of those

who are thoroughl.v qualifiPd for the duties of a physician for the Insane A~ylum. 'l'hen are peeuliar tendtneit>s; a man may be fully fit in "one respect and totally unsuited in another pa~ticul~r.

I spoke to Colonel \Vhittle in regard to it. I conferred with him

freely. He was a wise man and a good man. He had a big heart,

and it was hrini full of good feelings for suffering humanity. He thought scarcely about anything else than thi~;; institution, and

there is no question about his doing his duty at all times regardleKs of >mrroundings. I eonsultcd with him in regard .to th~ '!lat-

ter. He remarkerl that we ought to have some one m trammg i
said, "you had better be easting- about." He understood all these

qualifications necessary for au effi.cient mau: \Ve th.en got Dr.

Hall. I commlted him myself, gettmg all the mformatwn I C?uld

about him. He came out here at my solieitation, and .be remamed

here some time without getting any pay. He had no knowledge

that he waH going to be elected or thP.t we expected to need any

one. I l'annot say how long he wa,.; here, but it wa8 sometime

FRIDAY, OcTOBER 14, 1887.

1239

without receiving any pay. I observed him very closely in every

apnadrtihciuslac~r nhscisiennattiuoruasl

tendencies, tendencies.

his qualifications and efficiency Finally we had to elect a phy-

sician there were several applicants-I recommended Dr. Hall;

his father knew nothing at all about it. I knew that it was a very

easv matter to get a physician in here, but that it was a very dif-

tl.cult matter to get one out. 'Ve might get a man who was suita-

ble in temperament, but he might not be qualified in his medical

education. We wanted to be prudent. We had had trouble, and

for that reason I recommended Dr. Hall, and I have never

regretted it. I knew him well before I did it. Q. How long has Dr. Hall been here? A. Fin or six years; I

can't say exactly, not counting in the time he was here without

any pay. Q. You had had nearly, or quite twenty years of experience to

know what would constitute a man fit for the position'? A. Yes,

sir I I h~d

think that if there is anything I made it a study. We wanted a

do know, it is this one thing. ki'hd, genial man, consden-

tious and with many other qualification,.;. There is some distant

connection, I cannot say what it is, between Mr. Hollinshead and

Dr. \Vhitaker. but when Hollinshead came here he was not an

officer of the institution, but wa~ employed outside and worked

his way up by his application to business, his sterling integrity

and being a man we could rely upon. He knew when to say no;

and he was not afraid to say no. I think he first came here to

look after the laundry, and he was for a time supervisor of one of

the wards. I don't think anybody thought or even knew about

the relationship between he and Dr. \Vhitakcr. I don't think

anybody knew anything about it. I would not have eo11sidered it

at all. My first duty is, I think, to the institution, regardless of

anybody or of any remarks they can make. 'Ve want competent,

efficient men of undoubted integrity. 'Ve want a man who, when

he makes a statement to me, I can rely on it, when my safety and

the safety of the institution might depend on it. There is no one

who knows Dt. Whitaker would question that for one moment;

who would question his efficiency, faithfulness or integrity. I

believe that is all that has occurred during my adrniniHtration.

Dr. Green had some to marry in his family, but that was just like

the case of Mr. West, my son-in-law.

Q. Do you know whether or not there is any relationship betwen

J?r. Jones and Dr. ()'Daniel'? A. X o, sir; not a, hit, either by mar-

nage or consanguinity. If there is, I have never heard of it; and

I have asked the question, and I was informed that there was not

a particle of relationship existing between them. Q. It is said, also, that your wife is kin to some of the trustee~;'?

A. My wife is distantly connected to one of the trustees, but I don't believ~ anybod~ knew it. I cannot tell exactly what it is.

The trustee IH here. Perhaps he can tell you better about it than

I can.. I ?on't suppose any one except :relatives knew anything about It, It was so distant.

Q: Another charge is, that the physicians and officers under you

are m the habit of drinKing to intoxication'? Do you know that
to .be true or not? A. I have never known of a physician here

bemg drunk, and I am satisfied there is not a word of truth in it. I h~ve ~nown of one of them drinking before he came here. I !Jeh~':e If an.y of them did get drunk, I would ue the very first

individual they would inform of it. I believe they would come

and tell me of it.



Q. That information has never been given to you'? A. I never heard anything about it until a few days back.

1240

JouRNAL oF THE HousE.

Q. "\\rhat has oeen your habit of seeing your physicians every

day.'.' A. For some tim_e I have not been able to attend to the

dutJ.es, and my office a~sistant has been, you might say, in charge.

He IS fully competent m every respect. Prior to that time and even now, my assistant physicians come to my office and c~nfer

with me every day in reference to patients, their condition etc.

We have conferred every day. It may be a little irregular. &me-

times I am engaged pretty nearly all day in my office. Sometimes

I may have half a dozen people visiting me, but whenever it is

possible, the assistants will be in.

Q. \Vhen you are not away on account of your health or on the

business of the asylum, there is hardly a day passes that 'you don't

see your aRsistan t physicians? A. There is hardly a day passes,

and they may make half a dozen reports in one day. It depends

on the circumstances, the condition of the patients. Of course we

must have system. Everything comes through my assistant

physicians. The supervisors report to the assistant physicians, and

the assistants repoct to me. If an attendant wants a leave of

absence, he gets it from the supervisor; the assistant physician

indorses it, and then it is brought to me, and if I see no reason to

the contrary, he is allowed the leave of absence. These things may

look small, but it is absolutely necessary. My intercourse with

mv assistants is constant.

Q. It is charged that ;vour private secretary, Mr. Graves, gets

drunk? \Vhat is his duty'? A. He is my private seeretary. I

would like to explain that matter fully, as there are several physi-

cians on this committee, and perhaps the~ may differ with me. I

think there is no dass of people that deserves more the sympathy

of everybody than drunkard~-constitutional drunkards. While

I know there are few people who will agree with me,

I think it is as much a disease as mania, and those people

really deserve sympathy. I do not say this of all drunkards; I

mean when it i~ organic, inherited, constitutional; persons who,

at certain times, have a morbid appetite. 'rhey have no more

power to (~ontrol their appetites than ~ou or I have to control the

. winds; and the,;e things, many of them, are inherited. If we

wish to have a game chicken we would not get a Shanghai egg to

hateh it from. The~~ start off, not knowing what is lurking in

their constitution. 'rhey are a magazine that only requires a match

to start tht>m off: Henee my sympathy for that class of people.

You may think it is too mueh; but it is after making observations for twenty-five year~:~, and Tam satisfied that I am right. I f!la1

be a little in advance of the mass of the people. Mr. Graves, It IS

true, gets dmnk. No one will deny that he is efficient and faith-

ful, and he does not nf'glect his duties. He is prompt, indeed he

is ,;ometimes too prompt; when he gets behind he is in a flurry

until he gets things up. He has no connection with the wards;

nothing to do with the administration of medicines or the care of

patients whatever. He is simply my private secretary.

.

Q. I understand you to say that he is efficient:' A. Yes, su;

efficient and faithful. Q. He is under your immediate control'! A. 1~es,,sir; I b~lie~e
that sueh an individual, and that has been my prmc1pal mot1ve !!'-

keeping him here I believe that with sueh a wr, ng tendency, 1f

he was out in the' world it would not be long until he was back here aH a patient. This acl'ounts for my syml?athy.and forb~ar

ance. He amec~onfsteaonut

rhstehasinbgnuewtvheitrehinesh<~imrcle.ocmteHdpeeatengnyoteoasfnodhniesfafdieusiptewrneste.m~aoHnmee. tmiImtoerists.ifnioeIst

FRIDAY, OCTOBER 14, 1887.

1241

can tell when it is coming on; he labors under great excitement

-he cant stand still.

Q. About how often does he get on a spree? A. He has been

doing pretty well until last Sunday, when he got to drinking. He

is in the room, and he can speak for himself. He may_ take _one

drink thinking he will stop, but he cannot control hnr.self. I

can state to you that this class of men won't stop. If they take

one drink, they will take another. I know that he never goes to

town with the expect~>tion of getting under the influence ?f

whisky, and getting drunk; but we doctors know there are certam

peculiarities, but it does not interfere with his business.

Q. How long does it last him'? A. Perhaps he will be in the

office the next morning. He may be a little sick, but generally

he is all right for work next day. I have never known it to last

him long. He is different from a great many who go on a spree

for a week at a time.

Representative Hunt. Something has been said about case-books,

and about the results of scieutifi.e treatment of patients in this

iustitution. State to the committee if it is a rule of this e;;tab-

lishment, or a statute of the State, requiring the officers to keep

case-books? A. It is a sort of a rule. But the rule is this: vVhen

there is an extraordinary or peculiar case, we keep a record of it;

but I don't want any case-books kept, as I hear they were kept

formerly. I don't want anything not strictly reliable. I don't

want anything jm;t made up three or four weeks after the time,

because it could not possibly be reliable. Dr. Green had kept a

record for a while. That was before my coming into the institu-

tion, but abandoned it; why, I cannot remember now; but he

did keep a record, and we started out by keeping everything, but

found that it was unreliable, and that it would almost require a

secretary to each physician. We have every prescription regu-

larly filed.

Q. I understand you to s_ay that all peculiar cases occurring

here the physicians keep a record of them? A. Yes, sir; but not

of the every day cases. I consider it perfectly useless, and I think

the time that ought to be devoted to something else would be

devoted to it. Every prescription is filed.

. Q. Something has been said about the gardener of this institu-

tiOn. Do you know how much his pay is'? A. I think it is $840

a year, $i0 a month; but the pay-roll will show that.

Q. About how many acres of land is cultivated as a garden?

What are his duties and qualifications'? A. He is said to be a

most competent man. I do not regard myself as competent to

speak of agriculture and gardening. He has heen here a number

of years; I can't say exactly how long; but he is a man of good

char!lcter. He was here once as a patient. I have not heard any

special complaints again,;t him. His garden at this season is not

so good. He had a very good spring garden, hut really I am not

competent to give information in regard to farming and gardening.
~. Now, doctor, in reference to the hospital building'.' A. 'l'he

ongmal purpose of that was: 'Ve once had small-pox here. We

had no way to isolate the cases and it went through the male

departme_nt of the 1wgro building. 'l'he purpose was to have a

place to Isolate epidemic diseases. I think that at the same time

we were crowded, and we will soon be crowded again, in the male

department. moye such a

I thought that class of patients

when we as would

did get enable

ucsrotwo dheod~swe ep

would ersons

affiwted on the county

account of disease, jails, where there

without are no

ahrarvainiwg~tmoenctosnfifnoer

them in heating

1242

JouRNAL oF THE HousE.

them. My purpose was to place a class of cases over there-the

crank cases, those we could not trust--so as to keep this building

open as long as possible to that class of unfortunates many of

whom were confin.Jd in the county jails.

'

. Q. Was there a special appropriation for that building? A.

I es, sir, for all these buildin"s.

Q. \Vhat is the capacity of this institution? A I am giad of

a!l opl?ortunity of placing myself on record about this matter.

I on will have to be patient with me for a little while. In 1877

there was an act passed excluding the idiots and the harmless

imbeciles and paralytics from this institution, and removing a

certain class from here. The object was not so much to remove

as to exclude any more from coming. Under the law, as it existed

then, we would have had 1,50[) or 1,600 patients, while we have

but about 1,287 or 1,300 rooms; I mean for patients. Now I will

have to go back and state what was the intention. For instance

I had a harmless idiot here, and some one writes to me that they

had a female that would have to be confined; then I would take

the harmllc'SS idiot <ut, aml put it on a pallet in the hall

and so make room. Things were going on that way:

and we were getting our halls crowded, and the vestibules

full, and our sitting rooms. \Ve have but one sitting rooJ;n

on the female side, and we ha,c, perl1ap~, two on the male side,

counting the billiard room. Then we were also occupying the

basement~, which T tli,: uot like. I used the basements against

my desire, becau~e I tlJ >u;;ht that it was better than to have these

unfortunates confined in the jails. But, ju~t at that time, they

passed that Act, and we ~ent horne 125 or 150 of the harmless

idiots and irnbecil!'s. The advantage was not so much in the

number WP sent home, but in the number who were kept from

coming here. Kow, these people were not only hurtful, but the

insane ought not to be mixed up with the idiotK. There are many

reasons for this. In lhe first place, the idiots, as a general thing,

are capable of being developed to some extent, trained by wise

and judicious training. 'l'hey ought to be constantly employed;

but, in an institution of this kind, we cannot give them that

training, and, furthermore, they come into contact with the delu-

sious awl the hallucinations of the insane patients. They will

catch on to any rough saying or passing remarks, and especially

the females, when they are just recovering from insanity. When

she comes into contact with the driveling idiot, any of us can see

what the effects would be 011 her weakened mental faculties.

The clouds arc just breaking; she is just beginning to recover,

a11d the ease needing all the moral treatment possi~le. Her sur-

rounding~ should be favorable. t-lhe should never come into con-

tact with anything to disturb her mental integrity. You can see

what a baneful effect this contact would produce. And then the

cost of these rooms for the insane is, I think, some $7.':i0 or $1,000 I do not know exactly, but they are very costly, when a roo.m cos~mg $100 would do just a~ well for the idiots and the harmless 1111berJles,

and they could be made self-sustaining. Go to the North, an? you

would be astonished to find this class of people employed m !ill

kinds of labor; in out-door work-just as their natural te_ndenctes

called for. 'l'hey luve proper, judicious persons to tram them,

and almo

stht esyelfc-asnusthaeintianug"~'hHt etroe,dion

many things, and may be made this institution, I cannot develop

anything of that kind. was intended. And, it

It seems to seems to me,

me that it that they

sishow~rlodn~ge.

pIrtovn~~dveedr

for in a more economical manner, and where thetr mmds rrught

be developed and they made selfsustaining, if possible. In this con

FRIDAY, OCTOBER 14, 11'!87..

1243

nectiou, toohi will say that, in time, this class will fill this institution, from t e fact that there is no possibility of these people ever
recovering. When once here, they are here for life, and in the course of time they will fill up every part of this institution. By all means they ought to be provided for. And then, we must not lose sight of the fact that there are a great many idiots in the State of Georgia among the negroes, while they have but few cases of insanity. There is quite a large number of idiots and epileptics,
but more idiots, and it is only a question of a little time when we shall be fearfully over-burdened with this class of negroes, and with
those who have a hereditary tendency to insanity. Insanity is a disease of adult life, and in twenty years the negro of the Houth will he to us what the foreign element is to the people of the North; they constitute one-third of the paupers, one-third of the
criminals, and one-third of the insane. Q. How many have you now got in this instition '? A. About
1,310. WP have a good many vacant rooms in the male department. There is another matter I don't know but what I ought to say something about, and that is, that the recovery of patients
from insanity bears a direct ratio to the duration of the disease.
This is a very important point, and one that everybody ought to consider. A recent case should never be kept out of the institution longer than is absolutely necessary. The doors should be
wide open to recehe that elass of patients. If sent here soon, they might recover-if sent before the disease be~omes organic and
incurable. After being kept away for months, and perhaps years, they finally drift into the institution, and, of course, the chances for a cure are much lessened. They are not only lost to their
families and to society, but they become a burden upon the State.
If there is any one thing more neglected than another, it is this thing of keeping patients out of the asylum in the first stages of their disease. The idea of excluding from this institution this
class of incurable and harmless idiots and imbeciles, the class
whom we cannot do any good, was to be able to receive those who require special treatment.
Senator Powell. You said that you did not wish to place pa-
tients in the basement? A. I said that at one time we had to put them there. I do not think it is healthful. Did not think the
surroundings were good, but when you compare it to the jails that are not provided with heating appliances, I thought that even the
basements would be better than that; better than the jails.

Capt. Samuel Walker, sworn, testified as follows:

Representative Hunt. Where do you reside? A. In Milledge-

ville, Baldwin county.

Q. What is your business? A. I am the Mayor of :\Iilledgeville.

Q. For how long have you been living in Milledgeville. A.

Most all the time since 1853.

Q. Are you acquainted with the officers of the asylum. A. Yes, sir.

Q.. Are ~ou :tcqu:;tinted with. their general character for sobriety and mtegnty Ill this commumty '! A. Yes, sir.

Q. Is that character good or bad? A. It is good.

thQem. Wonouthldeiyr ooua,thfsr?omAa.

knowledge of their Yes, sir, I would.

characters,

believe

QQ...AArr~e

you you

acquainted !lcquainted

with Dr. Kenan? with his general

A. Yes, sir. character in

the

com-

mumty m whwh he lives'? A. Yes, sir.

Q. Is that character good or bad? A. It is bad.

1~44

JouRNAL OF THE HousE.

Q. Would you, from your knowledge of his character believe

him o? his oath? .A. Am I .obliged to answer that quest'ion? A.

Yes, su. A. No, sn; I would not.

Q. Were you a supporter of Dr. Kenan in his last tace for the

Legislature'? A. Yes, sir.

Q. Please explain to the committee whv it was you supported

him in that race'? You have stated that you would not believe

him on his oath. Explain why you did support him with this

knowledge'? A. In the first place, I didn't have so much knowl-

edge of him then.

Q. \Vas it a question of principle? A. Yes, sir; one issue was

I was opposed to Capt. Crawford and Kenan pledged himself that

he would not support him ; said that he would have his right arm

cut off before he would support him. And yet in twenty-four

hours after we elt>cted Kenan he went back on his word.

Q. In connection with what you have stated if he were to offer

himself for the office again would you support him? A. No, sir;

I would not.



G. T. Wilden, being duly sworn, testified as follows:
Representative Hunt. \Vhere do you reside? A. In Milledgeville.
Q. How long have yon lived there? A. Ten years. Q. \Vhat is your Lusiness? A. I am a hardware merchant. Q. Have you any office in the town'? A. Yes, sir; I am analderman. Q. Are you acquainted with the general character of the officers of the asylum for sobriety and integrity and veracity? A. I think lam. (~. Is it good or bad'? A. It is good. Q. Would you, from a knowledge of their character, believe them on their oaths? A. Yes, sir; I would. Q. Are you acquainted with Dr. Kenan? A. Yes, sir. Q. Are you acquainted with his general character in the community in which he lives'! A. Yes, sir. Q. I'H that character good or b&d '? A. It is very bad. Q. Would you, from a knowledge of that character, believe him on his oath? A. I certainly would not believe him.

Capt. Newell recalled:

Q. \Vere you present this morning when Dr. Kenan was being

exammed before this committee'.' A. I was not here at the com-

mencement of his examination.

Q. There has been charges brought against this institution that

the Matron, :\Irs. Brown, was paid :t:200 more than her wages; be

kinrl enough to explain to the committee how that was and why

it was. A. Mrs. Brown was one of the most devoted and one of

the gentleHt women I eYer knew. One of the best fitted for th,e

office of matron tution and to its

hpaetni~natsn.d

her whole life was She was up night

devoted and day,

tao!ltdhe~amssitnl

stant in season and out of seaRon, even at the hour of m1dmght, to

do all that she could to ameliorate their condition. It was at Col.

Whittle's suggestion that the money waR given to her. He was. a.

good lawyer; I don't suppose that will be disputed, and he sa1d

she ought to haYe this extra $200 fer her extra work. It was unanimously assented to by the members of the board. I ~sented to

it then and I assent to it now,andifitwastodooverl\gamlwould

FRIDAY, OcTOBER 14, 1887.

1245

do it, and my conscience is clear. I thank. God that I had an OI?-
portunity to acknowledge the merits of this good woman. She IS
m her graWJ now, but I am glad that I can testify before this com-

mittee as to her excellent character. Q. Was this amount paid only for one year or for more than one
year? A. We only paid it one time, but it was for services for many years. This thing was not done in a corner, and the whole
community knew of it. We certainly knew that we had the right to do it, and we did it at the instance of one of tlle best lawyers in

Georgia. This amount was paid her for extra duties performed by her for a number of years.
Q. How long had shA been l\fatron at the time? A. I cannot
recollect, but it was a good many years. This money was given to her at the end of her services here. In the first place, this

money was given to her as pay for her extra work for a number of years; and secondly, as a testimonial for her great efficiency and
her continued efforts for the good of this institution. Q. It is also charged that Mr. Graves was paid 5100 extra
money; please state for what this was paid. A. It was for some

books, for indexing; it was extra work that Mr. Graves did for the
use of the institution. I haYe heard Col. \Vitney say it was worth a great deal more.

Senator Powell. :\Ir. Grave,; is private secretary to Dr. Powell,

is he not? A. Yes, sir, and he has a salary for that; but this was for extra work done outside of his duties, and not as secretary.
Q. How long have you been a trustee'? A. I was appointed to succeed Col. \Vhittle during Governor Smith's administration.
Q. Had the trustees prescribed the duties of the Yarious officers connected with this asylum and ff)r the attendants and employee~? A. Yes, sir; Wl' have a hook of rules for the governinent of the employees, and we have rule:,; for the government of the officers. You will find copies of them here.

Q. They all have their regular duties, each one their time to perform the~e duties'? A. Yes, sir.

Q. Do they have ngular hours for work? A. Do you refer to

the officers or to the attendants'? I prefer that you ";ould ask the doctors in regard to that matter. I cannot burden my mind with all t11e duties of the attendants.
Q. It is not the duties but the hourR I wish to inquire about. It

has been staten here that the attendants and employees are always at the call of the institution whenever they are in it. \Vhat

I. want to know is whether the employees go on duty at a certain t~me ann orf at a certain time'? A. Yes, sir, that is my impres-
SIOn; but you had better ask the doctors. Of eourse they have
regular hours; they have reliefs for the night watch, and there may be special attendant;; for the night.

Q. And it might be that for this setTice thiR extra pay was given. Is it true that the Matron was expected to be on duty all the time? A. I would rather you would refer to our rules here ; they will show.

Q. Do .you know anything about the gardener or his duties!

A~h.~

Yes, str; it is garden here.

a ,rery responsible position. The garden comprises about

It is to attend 60 acres of land;

to it

Is llltE:'nded to provide for the place, to have a spring garden and

a summer garden. There is not a month but what something is

tanted: It is a very important position because of the nece:,;sity

or havmg vegetables here. If we were to have to buy all the

vegetables that are consumed here now or at any time, it would

1246

JOURNAL OF THE HOUSE.

be a very onerous charge upon the treasury. The gardener has

charge of the vegetable garden ; the farm is under the charge of Mr. Hollinshead.
Q. What is t?e gardener's peculiar fitness for the po~ition? A.

He has mane .1t a ;;tudy. He has been quite a correspondent for

the papers, clatms to know a good deal about scientific gardening.

I thmk Cook has been hampered sometimes, that he ought to

have had more. to pay for these

Hammond rommercial

is a very economical fertilizers, and at one

mtiamn~

don't there

like was

Home trouble between him and Hammond .

. Se~mtor ~O\\:ell. The e!1arge i~ made here that too much salary

ts pa1d to lllm? A. I thmk he IS worth the salary paid him, $70 a month.

Q. You think he earns the money. Do you know a better man?

A. I think he earns the money. I have heard people say they

would do it a great deal cheaper. I have al~o had propositions to

take the Steward',; place here at a very low salary but we could

not do it; we knew the object. We have had propositions from

parties to take the Treasurer's position for nothing at all, and I

have had propositions to take Cook's place for little or nothing,

but Cook is a seientifie gardener. I think in some years he has

ha.d excellent success and some years perhaps not so good success.

Q. You say that he is a scientific gardener; is he a practical
gardener? A. r think he is.

Q. \Vas he ever a patient in this institution'? A. Yes, sir; he

was under Dr. Green some years ago.

Q. How long since? A. I can't recollect.

Q. Do you kno\v what sort of a patient he was? A ..My recol-

lection is that he was an inebriate from the use of whisky.

Q. How long after he was discharged before he became gard-

ener, or before he attended to the duties of the garden; did he do

it while he was still a patient? A. No, sir; he was disconnected

with the asylum as a patient before he was made gardener.

Q. Didn't he develop this faculty for gardening while he was

a patient? A. I think so; I was not here at the time.

Dr. \Valker. Is he at any expense, does he employ anybody to

assist him, or is his pay in the nature of a salary? A. You might

say it was a salary. I think he has four or five hands to help

him, and the garden is run with the old broken-down mules.

The mules are a great outlay here. When they have beeome

swinnied and broken down, then they work in the garden.

Senator Powell. Was not Cook a professional gardener at Mid-

way before he was afflicted with alcoholism and came here as a

patient'? A. Yes, sir; he was a practical gardener.

Q. The other employts on the garden are not paid out of his salary? A. Xo, sir. He requested me to say that he ~oul~ be

glad if some of you would walk. around the gard_en wtth hll!l

He wishes to show you what a fine crop he has, fifteen acres m

sweet potatoes from which he expects to get 1,500 to 2,000 bushels.

He has alHo a fine pea-patch and fine turnip-patch.

Q. How near does he come to supplying this institution with

vegetables'? A. Some years he supplies them with sweet potatoes

all the way through. Some years they rot; last year they rotted

a great dei.tl. I would, however, prefer you would ask the Stew-

ard. But even with his crop the garden pays. I understand he

has a fi11e potato crop.

'rhe committee adjourned until one o'clock.

FRIDAY, OcTOBER 14, 1887.

1247

The committee re-assembled at one o'clock.
Miss Mary R. Coe, being duly sworn, testified as follows:
Representative Hunt. Where do you reside? A. I have on home. When my mother came here as a patient I was teaching
school at Clarksville, Ga. Q. When did your mother come here'? . A. Between five and
six years ago; you can find out the exact tuue from the books. Q. Have you been at Clarksville since you came here with your
mother? A. Only on a brief visit. I went to Cleveland am! spent a few months. I have been teaching lately in the lower part of
South Carolina. Q. What are you doing now'.' A. I am visiting my mother. Q. The committee have called you to know if you have ever
seeu any conduct on the part of Dr. Kenan, while he was a physician here, unbecoming in him as an officer of thio; institution?
A. Yes, sir, I did. Q. State what the conduct was. A. I have already given my
affidavit: you can get it from the officers. Q. This paper is not in legal form, not such as the law requires,
as you simplv made a statement. Be kind enough to make the statement here before this committee'? A. "'hen I visit my mother here I generally get a room and stay where I can come and spend the day with her. At that time I had got board out here somewhere. It was some time in August, 1882, I came here to see my mother. Dr. Kenan was very much excited. 'Vhen my mother came here she was a raving maniac and she was placed here for her restoration, and we supposed that she should be kept quiet. Dr. Kenan passed through the hall and he was in a perfect rage, more like a lunatic than a sane person. I knew a little of Dr. Powell and knew that he was one of the kindest and best of men, but Dr. Kenan intimated that Dr. Powell was going to shoot him. I said to him, remember that you are in the Lunatic Asylum. I made that remark on account of my mother. Dr. Kenan said, the Lunatic Asylum must be laid aside when I think of my family. I said, Dr. Kenan, be quiet. He said, Dr. Powell is a twofaced man. Since then my mother has been here, except on two occasions, when I have taken her out. She has such impliP.it con fidence in the physicians.
Q. Do you think that the excited manner of Kenan produced a bad effect on your mother? A. I don't think so, I know it.
Q. Were there any other patients present? A. Yes, sir; they were very much excited.
,Q. Did you see Dr. Powell on that same day? A. I certainly d1<!_j he was as ealm and gentle-in fact, I have never seen him rumed. He was as gentle and quiet as could be. He passed through the hall soon after.
Q. Was Dr. Kenan abusing Dr. Powell at that time. A. To the best of my recollection he was. He spoke very unkindly of Dr. Powell.
Q. That is the sum and substance of the statement you formerly made? A: Yes, sir, it is. The matter is very painful to me'; these physiCians have done so much for my mother. . Senator Powell. Were any of the attendants in the hall at the t1me you say Dr. Kenan was so excited? A. I cannot remember. Ifl had looked forward to anything of this kind, but I can make only such statements as I can remember distinctly.

1248

JoURNAL oF THE HousE.

The sub-committees appointed to examine the books and to view the stock made verbal reports and asked time in which to make written reports, which was granted.
The committee then adjourned subject to the call of the chairnlan.

Transcript of the eYidence taken by L. B. Clifton, stenographer before the Joint Committee of the Senate and House of Repre:
sentatives, at the Lunatic Asylum, September I.5th and 16th, 1887.

Capt. T. H. Latimore, being duly sworn, testified as follows:

Representative Hunt. \Vhat connection have you with the

Georgia State Lunatic Asylum'? A. I am one of the trustees.

Q. \Vho is the Superintendent of this institution? A. Dr. Powell.

Q. \Vill you please state to this committee, as near as you can, what his duties are. A. He llas general supervision of the asylum,

he looks over the institution and sees that it is carried on properly.

Everything here is under his supervision.

Senator Powell. Are there any printed rules forthegovernment of the asyl mn '? A. Yes, sir, I understand there are.
Senator Powell. I don't think, then, that it will be necessary to

inquire as to the duties of the officers, as these printed rules will

show for themselve,; what their duties are.

Witness. Dr. Powell is not only General Superintendent, but he

is also Superintendent of the .:\Iedical Department and chief ad-

viser of the institution. (~. Do you know how much his salary is, how much he is paid? .
A. Yes, sir, it is $:2,500. Dr. Stewart. Do the trustees appoint the under officers and at-

tendants '? A. The trustees elect the officers, and the Superinten-

dent appoints the attendants. Q.. \Vho fixes the salary of the Superintendent'? A. The Leg

islature. Q.. Do you think this is an adequate salary for the duties Dr.
Powell has to perform here'! A. No, sir, I do not think it Is

enough; I think he ought to luwe his salary raised. Q. vVho appoints the first assistant physidan? A. The trus

tees elect him. Q. Please state to this committee what are the duties of the

First Assistant Physician. A. He is in immediate charge of the female department of the female convalescent hall, and in the ab-

sence of the Superintendent he takes his place. (~. What is the salary of the First As;,istant Physician? A.

$2,000.

.

.. A

Q. \Vhat are the duties of the Second Asststant Phystctan?

He has immediate charge of the male department, except the de-

tached buildings. Q. \~hoi~ he apl?oi.~Ited b~ '? A. He is elected by the trustees.

Q. \\hat 1s he pmd . A. $1,800. Q. \Vho is the Third Assistant Physician appointed by? A. He

is also elected by the trustees. Q. vVhat are his duties'? A. He looks after the colored part of

the institution. Q. How many colored inmates have you here? A. I suppose

in the neighborhood of four hundred.

FRIDAY, OCTOBER 14, 1887.

1249

Q. What salary is paid the Third Assistant Physician? A. He

gets $1,600. Q. Do not First and Second Assistant Physicians also have other

duties to perform in this institution besides the male and female

convalescent buildings? A. Yes, sir ; they go their rounds and

consult with Dr. Powell. It is their duty to also overlook and

superintend the male departments in general, and they have many

other duties. Q. You say the Third Assistant Physician has charge of the

colored department'? A. Yes, sir.

Q. He is paid how much? A. $1,600.

Q. Have you another physician'? A. Yes, sir, one more, the

Fourth Assistant Physician. Q. How much salary does he get'? A. He gets fifteen hundred

dollars. Q. What are his duties? A. He bas charge of the two detached
buildings, the male and female, and also assists in looking after

the male and female departments in the main building during the

night, and sometimes during the day.

Q. That ronstitutes all the physicians and they get the salaries

you mentioned? A. Yes, sir.

Q. What is the salary of the Apothecary'! A. I think it twelve

hundred dollars, or twelve hundred and fifty.

Q. What is the salary of the Steward ? A. Two thousand dollars.

Q. What is the salary of the Assistant Steward? A. Fifteen hundred dollars.

Q. What is the salary of the Secretary? A. I think he gets

one thousand dollars.

Q. What is paid to the Matron, Mrs. Darnell? A. Nine hundred dollars.

Q. What is paid to the Treasurer? Does he get a per cent. or a

salary? A. He gets six hundred dollars.

Q. What pay does the Chaplain get'? A. He gets five hundred dollars.

Q. These are all appointed or elected by the Trustees of this Institution? A. Yes, sir; all but Dr. Powell.

Q. How are their salaries established'? A. The Trustees establish the amount of salary.

Dr. Stewart. Who appoints the gardener? A. The Trustees appoint him.

Q. What is the salary of the gardener? A. He gets seventy

dollars a month-eight hundred and forty dollars a year. Q. What ~,tre the duties of the gardener? A. To overlook the

garden; he IS the general superintendent of the garden.

Q. Do you know how many acres there are in the garden > A

I think about fifty acres.



.

Q, D~ YO!J plant any crops outside of the garden? A. Yes, sir.

. Q. Is It h1s duty to superintend this work? A. No, sir; the duties of the gardener are simply to look after the garden.

~rQu.abTohuet

gardener's fifty acres,

duties are and you

to overlook the pay him eight

garden, hundred

and and

there forty

oSeanrsataoyr e~oawre?ll.A.DYoeys,osuir.regard Mr. Cook, the gardener, as a

vetery
rdao~

~sdupeenreiOrr. 0 you t

man hink

in he

his is

business'? perfectly

a

A. I do ; dapted to

I h

th is

ink he is a business'?

firstA. I

9 Q. ~ he superior to the general average of farmers on that line?

1250

JouRNAL OF THE HousE.

!'- Yes, sir; I don't believe there is one man in fifty that can run

1t. It has soii?-ebody

to supply vegetables all through the who 1s accustomed to gardening to

year keep

and i it up

taltlatk ~

whtle.

e

. Q: D?es that garden ~urn ish all the vegetables necessary to this
mstitutwn? A. Yes, l:llr; and sometimes we have them to waste
This year we I:ave not had so good a garden as usual. We hav~
vegetables spnng, summer and all se~ons, and the thing is to
know what to plant and when to plant 1t.

Q. Is he a good gardener-does he know bow to garden 'I A It

I am a judge, I think he is.



Q. Is he economical in the business? A. Yes, sir.

Q.. Does he do much of the work? A. He has bands to do it
for him.

Q. Does he employ the hands? A. He uses some of the patients, and some few are hired.

Q. Has he got authority to hire the help? A. He consults the

Superintendent and the Steward. The gardener does nothing without consent of the Steward.

Q. Do you think he is worth the money they pay him? A. I do.

Q. what aged man is he? A. I suppose he is about forty-five

years old.

,

Q. Has he ever been afflicted ; ever been a patient of this institution? A. I think he hao;, for alcoholism.

Q. Do you think you could get as competent a man for less money '? A. ~ o, sir; I do not.

Q. You think you could not get him for less money? A. I don't think we can.

Q. How long has he been here? A. I think he was here when

I came here; I have been here four years, and I found him here..

Q. Do you know anything about the original trade made with

him? A. I think he commenced here for six hundred dollars.

Q. \Vhat was the occasion for the increase of his salary? A.

He thought he could do better, and we didn't want to do without

him. \Ye thought there was danger of losing him.

Q. Has not there been an increase in this institution for the

last few years'? A. Yt)S, sir; a considerable increase.

Dr. Stewart. Do you know about the value of the production of

that garden? In other words, how much would it cost to buy the

things he raises'? A. I can't tell exactly, but what he produces

you cannot lmy for anything like the money we pay him; but I

could not state the value.

Senator Livingston. Do you think it is profitable to the institu-

tion '? A. Yes, sir; I think it is a good investment.

.

Senawr Powell. Don't you think it more important than any-

thing el:ie to have a good garden here, in order to Hupply fresh vege-
tables, even if you could buy vegetables for less than it co~ts to

raise them'? If bought, would they not be stale? Would 1t not
be to the interest of the institution and of the patients to get

fresh vegetables, and is it not necessary to have a gardener in

order to do that '? A. Yes, sir ; I think that is a very important

matter.

Q Have the salaries been increased, those of the salaried olD-

cers'? A. Yes, sir; they have been increased. Q. Has that increase been in proportion to the increase ~n the

salary of the Superintendent? A. I think that was the mten

tion, but the salaries the officers receive are the same they have

been receiving for a number of years.

Q. Are all these considered salaried officers, or does the gardener

FRIDAY, OcTOBER 14, 1887.

1251

t wages? A. The gardener gets wages ; he is not a salar~ed

rmcer. W' do not pay Dr. Powell; we have nothing to do Wlth

his account. His salary should be deducted from the ag!;\'regate

amount in the report. That. will acco~nt for $2,500 of t_he discrep-

ancy in the salaries, to whtch attentwn was called m the last

Legislature. Representative Hunt. What is your occupation? A. I am a

farmer. Q. How long have you been farming? A. About forty-five

years.

.

yoQu~

Do you base knowledge as

your opinion on the value of th1s a farmer? A. I do; I don't think

garden on you could

do better than to keep the gardener here.

Q. There is an usher at this institution ? A. Yes, sir ; he is

paid $400.

Q. What are his duties'? A. To take around all who come here

and desire to go through the Asylum. He locks and unlocks the

dHoeorhs~saandveersycloarbtsortihoeusvjiosbit.ors through the different buildings.

The report of the gardener for the last fiscal year was now submitted, and was read to the committee by Representative Hunt. The report was ordered made a part of this evidence, and is marked "Abstract A'' for identification.

Q. Who is this Mr. Simpson on this report who gets $300? A. He is the man who works the <.onvalescent patients who desire the work for recreation and exercise.
Senator Livingston. You say those laborers are convalescent patients; are they paid for thf'ir labor? A. No, sir, they like to . do It; they are glad to get out for recreation and exercise.
Senator Powell. In this report of the gardener, I notice the supplies furnished to this Institution from the garden; who keeps that account of these supplies; how do you know that it is correct? A. 'fhe report is made by the gardener to the Steward, and he verifies the amount of the supplies.
Q. Is the labor of the inmates voluntary or compulsory? A. It is entirely voluntary.
. Q.. Y?U consider it more of a recreati_ol_l than a labor? A. Yes,
mr; 1t 1s recommended by the physwmns as beneficial to the patients.

Q. Does that garden furnish a sufficiency of vegetables for the use of the inmates of this Institution? A. Yes, sir; it furnishes vegetables in abundance.

Representative Hunt. Is it the duty of the Trustees to see what wages are paid to the laborers'? A. No, sir, except to the gardener.

Q. How about the engineer and the teamsters? A. The wages of the engineer are fixed by the Trustees.
Q. Who is your engineer? A. Mr. Dessau.

Q. Who was the engineer before you got him? A. Mr. \Vilcox. maQd.eHTorwustleoen.g si,nce Wilcox left here? A. About the time I was

Q. Why did he leave? A. I don't know.

lt Qw.asW. as it not because he was offered higher wages? A. I think

,

hoQw.

Was he not offered considerable much, but he was offered more.

more?

A. I could not say

.,'t.,What do you get the engineer at now? A. He started at

..,"""and he now gets $1,600.

1252

JouRNAL OF THE HousE.

Q. Is he a competent engineer? A. Yes, sir; as far as myju<~~

ment goes.

"6-

Q.. ~hat are his ~uties? A .. He looks after the pump and the repaumg of ~he e!lgmes and b01lers and the machinery in general when.anythmg g1ves out. He has a general supervision of all th~ ntachmery.

. Q. How many engines haye you here? A. There are fourteen

m all. He keeps all the engmes and machinery in the cook rooms

in order, and also the waterworks in the different buildings and

he also supervi"'es the sewerage.

'

Senator Powell. His business iR to keep all these engines in

repair, and see that those who run the engines do it properly? A Yes, sir; he looks after all of them, and after the iron and ~ood work. He is a good draughtsman, ete.

Q. You consider him a eompetent man; has anything been

broken here that he could not rPpair '? A. No, sir; nothing. (~. T Ha:e there blen any explosions since he has been in charge?
A. No, str ; there has not.

Q. How many as"'istants ha~ the engineer got? A. I suppose

there is one for each engine that is running. (~. Do you know how much you pay these assistants? A. No,
sir, I do not.

(~. And the farmers, tnilkers, etc. A. They are employed by the Superintendent.

Q. Don't the 'l'rustees have anything to do with them? A. We

make it our duty to know about it.

Q. In all these salaries and wages in all the different depart-

.,ents of the institution the Trustees have investigated from time

,o time, and found them all suitable to the position they fill? A.

Yes, sir, and if they were not, we should raise some complaint.

Q. Under the head of ordinary repairs, is it intended to include

in that account the expense of this engineer for material? A.

Yes, sir; that is included in the amount of $5,715.

Q. It has been stated that some of the employees are over-

worked. Do you know the hours they are required to work? I

see they are required to be on duty from sunrise to sunset, with

one hour in winter and two in summer; is that observed here?

A. Yes, ~ir.

Q. Great stress has been laid on the increase in salaries; is it

your understanding that the increase is represented by $800, after

the salary of the SuperintendPnt is deducted, who is paid direct

from the treasury'? A. YPs, sir, that is my understanding.

Q. The charge was madP on the floor of the House of Represent-

ative;; that there was a discrepancy in your reports, and what we

are after is to get at that'? A. '!'hat difference occurs from this fact:

when we first elect a man we do not give him as high a salary as

we harl gi\'en his predecessor, but when we find that he is competent and the man we want, ~we incrrase his salary up to the max-

imum paid before. We think it is to the interest of the institution

to do this. Senator Powell. \Vere you here when Dr. Kenan was an assist-

ant physic suspended

ian at

in the asylum'? the time I came.

A

. Yes, sir, he was He continued a

yheearre,obr utwt wo,a1s

think, they tried him two years before he was discharged.

Dr. J. D. Erwin, being duly sworn, testified as follows:

Q Asy

\Vha iurn '?

t

co A.

nnection hav I am one of

ethyentlruw.~ittehest

he Georgia State Lunatic reoently appointed since

Febl"UJtry of this year.

FRIDAY, OCTOBER 14, 1887.

1253

Q Do Y?U know '!'hat.the salary of the Superintendent of this institution IS? A. 1' es, su ; $2,500.
Q. Do you or not think it adequate for his services ? A. It cer-
tainly is little enough, for it is a very laborious and onerous posi-

tioQn..

Do

you

know

what

.
IS

the

salary

of

the

Fu. st

Ass.istant

Physi-

cian? A. Yes, sir; it is $2,000.

Q. Do you know whether or not that is adequate? A. I think

it is little enough.

Q. You heard the testimony of Captain Latimore in regard to

these matters; do you substantiate what he h'-ts said so far as your

knowledge is concerned'? A. Yes, sir; but I think he did not

state the dutie~ of the physicians quite fully enough.

Q. Will you please state those duties'? A. Dr. Powell is Super-

intendent, and has the supervision of all the work in every

department; not only the ~latter of the supervision of oti;er

physicians, but all the work m every department connected with

the institution.

Q. What are the duties of the First Assistant Physician? A.

He has charge of the female department in this department, and

the Second Assistant Physician, Dr. Hall, has charge of the con-

valescent males and the males in this centre building. 'fhe Third

Assistant has charge of the colored buildings, male and female.

The Fourth Asssis~ant has charge of the detached buildings, male

and female. We detached them because they are violent; all the

violent male and female patients are under his charge.

Q. Are his duties onerous'? A. Yes, sir; very onerous.

Dr. Walker. The discrPpancy in the salaries of the officers,

according to the statement of your predecessor, is $800 '? A. Yes,

Sirj I so understand it, but I know vt>ry little about what transpired

berore I was connected with the institution. My understanding

. is that the amount of increa:o;e in the salarips is $800.

S. A. Cook, being duly sworn, testified as follows:

Q. What connection have you with this institution"? A. I am

the gardener; I superintend the garden and part of the farm and also the orchard.

Q. How much have you in the garden-how many acres? A. In th~ garden and the farm we grow nothing but what is to eat ;

there IS from sixty to eighty acres, and tweuty-fiyc in the orchard,

making in all about one hundred 'lnd five acres.

Q. What kind of an orchard ha\'e you'! A. I t is peaches mostly;

there are about 2,400 trees in all, which I planted.

Q. How much labor do yon hire during the year? A. 'Ve

average between five and six regular hands; we could not cultivate

sixty acres when a large part is planted in two crops.

Q. How long have you been in the gardening business? A.

Altogether some thirteen years. Q. Have YOI_l made~ special study of this business? A. Yes, sir;

.r I c?mmenced 1t at M1dway as an amateur, and took such delight
in 1t that sought a position here, thinking it would afford me an

:dowp1pieorer.tumty of making experiments that I could not make elseQ. How many mules and plows do you use'? A. I have not more than four, except two years; it would not average more

bhraialnnfgttiwhengot.~iomnrvete.hgreeteabmleusletos

plowing, but in the asylum two

hauling out manures and are employed in the carts

1254

J OURN.AL OF THE HOUSE.

Q. About what is ~he value of the crops raised each year? A.

My annual report will show that. I have been here six years and

there are five reports embodied in the general reports.

'

Q. 'Vhat wages are you paid? A. Seventy dollars a month

with no perquisites.

'

Q. What wages do you pay the hands? A. Fifty-four cents a

day and they board themselves. This is not regulated by me I think the Steward regulates that. It has been the price for so~e

time.

Q. "rhat are the aggregate expenditures in connection with the'

garden'! A. I have not made up my annual report for this year

but I can give you a rough estimate ; it is about $2,200, including

my wages.

(~. About what will be the revenues from that gmden and farm?

A. At the prices the same kinds of wgetables are sold at in the

market, about :<::B,.SOO; it never has fallen below $1,600.

Q. I notice that in your reports you give the prices of the differ-

ent Yegetables; how do you reach the value? A. The value I give

is the market price of the vegetables; I get it from the market

reports and newspapers, and from my experience and what I have

sold them at. The prices are not high.

Q. You weigh or count all the vegetables? A. Yes, sir; every-

thing that can be weighed and measured, such as tomatoes, sweet

potatoes, etc. The onion crop ha;. to ue estimated because they

commence using them when they are \'ery young; we have to

simply take a given space and make an estimate of such crops.

A majority of such crops are measured in bushel baskets.

Senator Powell. I do not notice any account for fertilizers in

your rep01 t; do you use any fertilizers? A. I don't think I bought

any that year where you are looking; if I did it would be down.

Q. Do you use any fertilizers'.' A. Y Ps, sir; this year eight t~ns

and last year four tons. Our lands are Yery poor and requtre

special manuring. \Ve use every cart-load of compost we can get

from our stableil; 8(i5 cart-loads during the year; but this never

manures more than ten or twelve acres for garden crops.

Q. When you do use fertilizers the cost enters into this calcula-

tion of the cost of the garden, and is included in your statement?

A. Yes, sir; everything is included there.

..

Dr. \Valker. Y0u stated that you used four tons last year; It I.S

not stated in this report'.' A. 'f'es, sir; it is there. I have been very particular to enter every item; perhaps it is not i~emized in

the rc-port, uecause to save room some things were consolidated, but

in my indi\'idunl report to the Steward every item is put down.

I had formerly ueen charging ><table manure as an expense, but

was suO'gestcd that it was hardly fair to 0harge up the stable

manm;. It don't cost anything but hauling it out, and it don't

go very far.

Dr. Smith. \Vhat is the usual price paid to a scientific gardener? A. There is, of course, but very little scientific ga~denin~ done in

the South, but at the North from :l'l,:WO to $1,500 IS cons1dered an

av(e~r.agYeoup,ricthl'e. n,

bl'ing

a

scientific

gardener,

do

n.ot

. cons1der

that

$70 a month is excessive'? A. No, sir; I think It IS t.nu~h below.

what it is worth at least $80 a month less than It ts worth.

I have told the T;ustees that I thought I was very poorly paid,

but I could not persuade them to make it any more. Dr. \Valker. I am :,;till uncertain whether or not

yo~

hav:

entered the cost of the guano in the report? A. It eertamly

entered. Everything is itemized in my report to the Steward,

FRIDAY, OCTOBER 14, 1887.

1255

which you can get. I think t? save space in the publisl_le~ report that the expenses were consolidated, but every cent of 1t 1s there.

The committee adjourned until after dinner.

The committee re-assembled at 3 o'clock.
The Treasurer, Mr. Windsor, presented his report to the committee. It was ordered that it be made a part of this record, and is marked as "Abstract A, ' and is appended hereto.

L. J. Lamar, Steward, being duly sworn, testified as follows:

Representative Hunt. In regard to the wages paid to the different employees of this institution, will you please inform this committee how the wages are regulated. How long have you been here? A. I came in as Steward in 1885, but have been con-

nected with the institution since February, 1883.

Q. What position do you occupy'? A. I am the Steward. Q. What do you have to do with the paying of the wages in
this institution"? A. I draw all the checks on the Treasurer; they are approved by the Superintendent, and I fix the pay of the

hands in my department.

Q. Explain what hands are in your department'? A. The carpenters, teamsters, etc.
Q. Take the carpenters first-how many are there'? A. We have four carpenters.

Q. What do you pay them? A. From one and one-half to two dollars a day.
Q. Are they efficient men in their business'? A. Yes, sir. Q. I understand you to say you have control also of the teamsters? A. Yes, sir.
Q. l:J:ow many teamsters have you? A. Six, now.
Q. What other business comes under your charge'? A. All the financial management of the institution-the purchasing of all

supplies. I am the sole purcha,;ing agent of the institution. Q. Do you fix the wages of the cooks'? A. Yes, sir.

Q. How many cooks do you have in the institution? A. Thirteen.

Q. What do you pay them'? A. I pay them from $12 60 to $18
a month. We pay one $18.

Dr. Walker. Have you a book from which you can get the

exact amount paid all these employees'? A. Yes, sir. I have

207 employees, and their pay is $3,972.81 for one month. I will

sa~ t~at this is as large as it ever will be unless we !mild more

~bhuailndgmegms,adaes

they in the

are now wages on

all the

occupied. There has been no pay-roll since I have been here;

have made none. The increase in amount has been caused

tply by the increase of the number of employees, owing to the t that we have had to move into these new buildings. If I
w~nted to make any change in that pay-roll I would not know
tWooelriettlteo. start. I don't think any man there is paid too much or

Q. I understand you to say there has been no change so far as wages are c~ncerned since you have been here'? A. There has been none smce I have been Steward and the increase in the aggregate amount is owing to the fact that there are more

1256

JouRNAL oF THE HousE.

employees. There .were <?nly 150, and now there are ID7. It

has been gradually mcreasm\! as we occupied the new buildinga

until is as

within a month. They large now as it will ever

are be

unnolewssfllmleodruep~eawndbouiulrdipnagya-raorlel

erected.

Dr. Stewart. I move that a cop~ of the pay-roll be made out

and made a part of the report of this committee.

The motion was adopted, and the copy is hereto attached and marked as "Exhibit B."

Dr. Walker. What are we to understand by these entries

" ordinary repairs " and "extraordinary repairs?" A. Ordina,Y

repairs are those necessary to keep up the property, and extraor-

dinary repairs should be called improvements, but it ha.s been

customary to call them extraordinary repairs. We built a boiler-

house and laundry at the negro building, and extended the sewer

etc., and these we call extraordinary repairs.

'

Representative Hunt. It appears here in this report that the

ordinary repairs for the year 1HR6 were S5, il.'i.47. The question is

what was this money spent for: A. "\Ve put nothing under that

head except furniture that was destroyed, crockery, tinware, ere.

The vouchers are all made out in duplicate, and are filed in the

Executive Department at Atlanta, and the same is done with the

extraordinary expenses. I will ;;tate that our extraordinary

expenses have been heavier than they will be in the future. The

works :~rein a great measure completed, and I see no resason why

it should be so heavv in the future. You will find duplicate

vouchers for everything in the Exeeutive Department. We put,

them in a Lox the twentieth of every month, and send them up.

Dr. Stewart. Xo nccount is r~llowed without hring examined

and properly countersigned'.' A. A classified statement of the

expenditures is made, and it is audited by the Board of Trustees

before the~' will honor our requisition for the following month.

"\Ve have to account for one month before we can draw for the

next.

Q. There was a charge made about some brick contract; please

explain that matter to the committee? A. I have made no con-

tract for brick with any party since I have been Steward. If any

such contract was ever made it was prior to my connection wit~

the Steward's office. I think the charge bad reference to the esti-

mate made by the architect, who, in making his est,imate, left~ut

by mistake the brick for those two buildings; but this wa.s pnor to my connection with the office. The Trustees then ~sed this

money which was appropriated for furniture to I;my the bnck, and

we then furnblwd the buildings out of our savmg, and you will

fiml it all charged up under the head of extraordinary expenses. They found out that they had ample mean~ to complete the

buildingR without going back to the Legislature for more. I

heard the architect say that he refused three hundred thousand

brick made by l\IcGinty. You will find the matter fully explained

in the annual report for 1HRH-' 4, page 7 :

"A mistake was made in the estimates for these last two buildings, as also for the heating apparatus therefor; still the Tru~teell hope, by rigid economy, to have them completed for use within the appropriationR for them, or, if not, the extra amount that will be required, will be comparatively small."

Also, in the report for lHS-1---'5, page 3:

FRIDAY, OcToBER 14, 1887.

1257

"As stated in our last report, the architect made a mistake in his esti,mate for the new buildings, and there was also a mistake In the estimate for heating the two large convalescent buildings which have embarrassed us no little, still we shall be enable to finish and occupy them without leaving any debt, or without asking for any extra appropriation, as for some time it was feared would
have to be done."

As I stated just now, the money appropriated for furniture was
used in buying the brick that the architect failed to make an estimate for, and we had a surplus on hand, and the buildings were heated and furnished from that surplus.

Senator Powell. I see the name of J. T. Hobby, at stable,

$29.85? A. He gets one dollar a day, Sundays included. There

WW! some little deduction for something he got.

Q. That is the cash paid out to him for the month'? A. Yes,

sir; we pay him a dollar a day. He gives his whole time to the

institution. He has been here thirty years. I regard him as a

very efficient man, and he is worth the money he is paid. Hobby

makes two trips to town every day.

Q. What does he have to do? A. He has the feeding and care

~fall the stock, mules and horses; and he lives right in the lot.

Q. Is he a veterinary surgeon? A. I expect he is a very good

~ne, but don't know that he claims to be a surgeon. He knows

how to attend to the stock when they are sick. The Steward buys

all the stock, and I depend on him to a great extent; his judg-

ment is good about stock. I get his opinion, and will be candid,

and say be knows more about stock than I do. Q. You say he has exclusive charge of them, and that you have

found him strictly honest? A. Yes, sir ; and I consider these

qualities as worth a great deal.

Q. Robert Coleman; who is he'? A. He gets one dollar a day

whenever be drives. He is a white man. Our teamsters are all

white men. They are down in the report under the head of wag-

oners. They get pay only when they work.

Q. Do you give them a regular job? A. Yes, sir; we have them

employed the year round. If they lose any time it is on account

of sickness, or a wet time when thev cannot work.

Q. Cannot you get efficient mer1 for less than that? A. We could get men for smaller wages, but I don't believe they would ta~e care of .the stock. \Ve try to get good, reSiJOnsible men, who

Will do the1r work faithfully and take care of the stock, the teams and the wagons.

Q. What do these wagoners haul? A. About five or six

months they are hauling coal. I bought the coal on the 3rd of

May, and we are still hauling it in. It takes about half the year

toThbaudl the coal. We have our quarterly supplies, also, to haul.

ey o all the hauling for the institution.

Q. In the posit!ons. these men, hauling the supplies for the

asylum, do YO? thmk It necessary to have more reliable men than

would be .requ.Ire.d to work for a private individual'? A. Yes, sir;

but I beheve 1t IS best to get good reliable men in every depart-

ment.

'

AQ. Are .these wawmers under the superintendence of anybody?

tb.eY1t.ems,e,Slar,ndthwe eawssaisnttanmteSntewweacrad~

but rely

he cannot on.

follow

them

all

~po~Qu:.n;3Ds~o~es{dht?h~?e

assistant Steward know how much these wagoners

roA~.d~Yeosu, t

sir; of

and they do it, them, so many

too. loads

We get a good and so many

1258

JouRNAL oF THE HousE.

Q. I see the name of John Smith, cows? A. Yes, sir; he Ja

the man who is over the cows. Mr. Hollingshead made out a

statement that showed that the profit on the dairy was $400 00

from October to October.



Q. How many cows does he have? A. About forty.

Q. How long has he been connected with the institution? A.

I thi.nk he came here a short while after I did, in the fall of 1888.

I thmk he has been here about four years. I do not know Mr Hammond's reason for hiring him; he was considered a numbe~ one man.

Dr. Walker. What proportion of the butter and milk used by

the asylum does these cows furnish? A. Thirty gallons ofsweet

milk a day and 4,000 pounds of butter a quarter; 16,000 pounds a. year.

Q. Is ~Ir. Smith a good milker? A. Yes, sir; one of the best I ever saw.

Q. Is he a good manager of the cattle'? A. Yes, sir ; so far as I

know; I never heard any complaint.

Q. \Yhose judgment is consulted in the matter of cows, Smith's

or Hollingshead's, as to getting good cows? A. I consider Mr.

Hollingshead's judgment.

Q. Who assists Mr. Smith? A. He has a son; a boy.

Q. How much do you pay Smith ? A. 'fwenty-five dollars a

month, and that includes Sundays. \Ve pay his son ten dollars a

month and they are the only two paid. They superintend the

cows during the day, giving all their time to the institution.

Q. How long does it take them to do this, when they are not

milking? A. They have to prepare the food and keep the ma-

nure eleaned up; they cut food for the calves; they are employed

most aU the time.

Q. What is done with a cow when she no longer gives milk,

when you get tired of her? A. \Ve get her fat and kill her for

beef. \Ve kill five or six thousand pounds of beef every year and

we raise several thousand pounds of pork.

Q. \Vhat sort of an entry is made of this beef and pork? A.

You will find it in the report as so much beef furnished by the

State and the pork the same way. It is all entered in that way.

The report shows how many thousand pounds of pork and beef

was raised.

Q. William Hubbey, is he your principal carpenter? A. No,

sir; Summers we consider our best workman.

Q. Do these others work under him'? A. I cannot say that

they work under him. In institutions of this kind thereare~any

little jobs at different places and in different wards. The assistant

keeps the time of the carpenters.

Q. \Vho determines and dictates the work to be done? A. The

carpenters are considered to be under the Steward, but the Superintendent orders any repairs not in the Steward's depa~tm~nt.

\Ve manufacture our furniture, our bedsteads, etc. I don t thmk

we have bought a bedstead except for the convalescent building. We make them all, and we make our coffins an~ wagons. Sum-

mers superintends the whole business, the coffin and wagon de-

partment. He is a number one workman; he makes our safes,

tables and secretaries ; anything like that. These others are not

under him; they help one another.

Q. You run machinery here ? A. Yes, sir; we have a planing

machine here. Q. Is this man

a

machinist ; does

he have charge o~ that?

A ..

No, sir; our engineer, Dessau, has charge of the machmery here,

FRIDAY, OcTOBER 14, 1887.

1259

and for making any ~epairs in the machinery, Dessau would have

to attend to that. Q. How much does Summers get per annum? A. He gets two

dollars a day and boards himself.

Q. And the other carpenters? A. We pay them all by the day.

Q. What do they get? A. Some of them get one dollar and a

quarter and some one dollar and a half.

Dr. Walker. Why is it that you pay them by the day rather

than by the month? A. I suppose originaUy, when they were

first employed they did not have enough work to keep them

regularly empioyed, but now we have plenty to keep them at

work all the time. I suppose that was the reason why they were

paid by the day, and it has not been changed. The Superinten-

dent and the Steward are the only ones who order the work done

They are considered to be in the Steward's department. The

reports are made generally to the Superintendent.

Q. I see 'Varren Mosley put down here as an out,;lde hand?

A. Ye~, sir; he looks after the cemetery, digs all the graves, takes

the patients out; he gets $20 a month.

Q. Hemphill, what of him? A. He is a painter ; we pay him

$35 a month. There is enough painting to keep him employed all

the time.

Q. What of Wiggins '? A. He is a brick mason ; we pay him

$40 a month. He keeps up the wards, the plastering and the

rooms torn out by the patients; he repairs them. We have some-

thing for him to do all the time, every day in the year. The sew-

ers and such things are also under him. He builds the chimneys.

In a place like this with 1,,500 people you may well suppose there

is considerable work for a brick mason.

Q. Matt Sanders, a laborer? A. Yes, sir; he mixes the mortar

and carries it, and the brick, etc., and we pay him S14 a month.

Q. Wilkes Hall c. b.? A. He is a boy that stays in the centre

building and looks after the office and assists in driving the car-

riages, and takes patients, when discharged, to the depot. He is a

colored boy. Q ~utler, f. y.? A. He is out in the front yard, works in the

flower garden. We give him a dollar a day. He is a very valua-

ble man ; he was the former slave of Col. .Tordan ; he is a sort of h?rticul~urist; has never done anything else since I have known him whiCh has been for thirty years.

Q. What do you pay in the laundry ? A. $16.65 a month. Q. In the kitchen'? A. We have one cook we pay $18; the helpers we pay $12.50.

Q. H. Wadler, marked kitchen? A. Yes, !'ir; he receives the

sweet milk and measures it. He is really in charge of the kitchen,

He looks after the supplies; sees that they are cooked and not sto~en. They are distributed there; hallded out by him.' He is a

white man ; we pay him more on account of his capacity and

because it requires a respectable man.

'

lauQn. dDrye,ssIawuoi~slydosuaryp rti~nacti pwael

engineer? A. Yes have a man there'

sir. we

About pay $18;

the he

runs Q.

the washmg machme. Dessau, your engineer,

I forgot him gets a pretty

jguosot dno~wo~.alary?

A. Yes,

air; Q.

$I1~,60t0haatyaebaoruatnwd hfuaetl,enliggihntesearsn

d quarters. generally get?

A. I should

think .It was a very low salary for a man like him. He has been

khneQroe.~,sImsIchceeo1na8s~8i4dg;eorohhde.imsaucamcseauenpdeeardsioM'rVmr.ilaWcnoixtloc?o\VxA.il.coYxe. s,

sir \Ve

; so paid

far a;; I Wilcox

1260

JouRNAL OF THE HousE.

$1,800, a_nd D_essau's salary amounts to about the same with what we furmsh btm.

Q. W by did Wilcox He is now connected

leave? A. He thought be could with the Macon gas and water

wdoorbkest.teri

heard he got $2,000, but don't know whether be does or not

Captain wilcox is a very nice man, but I consider our present engineer superior to him.

Q. These names here; they are the men who run the different engines? A. Yes, sir.
Q. Allen C_ooper, b: s. '! A. He is our blacksmith ! be keeps our
stock shod; IS the pnnc1pal on the wagons, and assists in making

the iron rods for bedsteads; we hire him by the day.

Q. E. P. Lane ; what does he do? A. He attends to the telephone in town.

By Dr. walker. You use the telephone instead ofthetelegraph

by having a man in Milledgeville'? A. Yes, sir; it is the property

of the State and used for the asylum alone. We pay $130 a year

rent for it. It takes his whole time. 'Ve telephone for anything

we want frmn town.

Q. Jeff. D. Harper, trustee; what does he do? A. He waits on

the Board of 'l'rustees and attends to this end of the telephone.

He is porter for the Superintendent's offiee.

Dr. "'alkcr. I see that the charges here for fuel and transpor-

tation iR nearly $20,00fl. Can you give an idea about what part of

that is for hauling th~c eoal from the depot? A. It costs us about

42 cent>< a ton. I bought 2,500 tons. I will state that the fuel and

transportation for the year from October, 1886, to October, 1887, is

larger thm it will be this year, from the fact that the former stew-

ard contracted for 1,800 tons, and only 900 tons were delivered,

and the balance had to be thrown into the next year's expenses.

He died he fore the coal was delivered. We bought nver 2,700 tons

when we ought only to pay for 1,800, and this yPar it will not be

so much. The eoai costs $4.10 at the depot, and 42 cents to deliv-

er it here.

Q. " 7hat would it cost to put down a side-track from the rail-

road at "'Iidway up to the asylum? A. I do not know what it

would cost.

Q. Has no estimate eYer been made by anybody to see what it

would eost to lay a track from the Central Railroad to these

grounds.' A. X o, sir; I do not know that any estimate has ever

been marle, bnt I do think it would be a good investment for the

State of Georgia to put down the track. It costs us at least one

thousand dollars a year to haul our coal, and that would be five per cent. on au inYestment of $~0,000, which is about the prob~ble

cost of the track, and besides the coal there is much other freight

that comes the same way. The Central will only stop carloads at

Midway station, but if we had a track I am satisfied they would

stop any freight. Q. Do you suppose the grading could be done for $10,000? A.

I do not know that I ought to say. I have never done any work

of that kind, but I believe it could be done for that; but even if

it coHt :315,000 it would pay even in the hauling of the coal alone,

!' because Q. W suppose

hit$a~wt5w0ouooludrldemnpaorborelbe.abul'sVyteobedcsooauavlweddadyionwatihwtehayotthhwe~1rtethasumtpwsp.ol.,iepso?ssiblyJI

three teams. 'Ve would save the feed of four or six mul.esJ ana

two or three teamsters would not have to be paid. I thmK the

distance h:l a small fraction over a mile.

Col. X ewell. recalled :

FRIDAY, OcTOBER 14, 1887.

1261

Dr. Smith. Do you know of Dr. Powell, the Superintendent,

being absent any time this year? A. Yes, sir, I do.

Q. State to the committee the cause of his absence and how

long he was absent and all the facts in regard to the matter. A.

I came out here to the asylum and saw that Dr. Powell seemed to

be in a decline. I never saw him look so badly. I was first

attracted to his condition by seeing him across the street, and his

appearance made such au impression on me that I came out and

insisted on his going off and taking a rest, and I really had to

insist on it to get him to go. I said to him: Doctor, your health

is too valuable for you to stay here and break yourself down. It

you do not take a rest you will soon be entirely broken down. I

suggested that he could go to some springs in :Xorth Georgia

where he would be in striking reach of the Legislature in case

they wished to see him. Of course they always consult him in

matters connected with this institution, and I suggested that he

go to some springs and if they wanted him they could send for

him. He finally acted upon my suggestion. I told him I thought

we could get along without him. I do not think he has been gone

long enough and think he ought to go again. I saw him to-day

after his return and I see he is very mucll improved, and I think

his recent trip to the vVarm Springs has improved him wonder-

fully.

Q. Do you know any other reason why Dr. Powell went io

Atlanta'? A. Yes, sir; he is often in cor sultation with the chair-

man of the Committee on the Lunatic Asylum. He got a letter

from the chairman, and it was at my suggestion that he be in

striking distance.

Q. Was he not written to by the chairman of the committee

and other members asking him to come to Atlanta"? A. Yes, sir

he was.

Dr. Walker. We asked a former witness to explain to the com-

mittee about this brick contract that some charges have been

made about, and he said he was not here at the time. Will you

please tell us what you know about it? A. You will find the

whole matter fully explained in our reports.

Q. State to the committee how that occurred. A. \Ve con-

sulted Governor McDaniel and he approved all we did in the

matter. I think he will tell you so.

Dr. Walker. Have the trustees awarded the contract for the

artesian well? What is the status of the matter? A. We met

here when this committee was here before. We got bids for the

work. It would have taken the Board of Trustees a long time to

have figured out the matter, so we sent out to our engineers to

analyze the various bids. It was the day you and the other mem~ers of the committee were here. We opened the bids and made

1rt out on that day. We gave the contract to a Philadelphia firm.

twas in their proposition that we could stop within 300 feet.

That would leave us within the appropriation safe, so we concluded

to let it to this firm. But we did further; we telegraphed, "Sup-

pose we let the contract to you, can you commence by the first of

July1 or within thirty days?" They telegraphed back they could.

We then telegraphed him that we would close the contract. You

will see the contract drawn up in our minutes. He then ordered

o~unrd

steward als? to

to commence buy lumber

buying for the

piping that purpose of

you see in the yard, building a derrick.

uspectmg that he was not going to comply with the contract,

after we had written to him several times, Mr. Lamar wrote to

1262

JouRNAL oF THE! HousE.

a gentleman in Philadelphia to find out about this man. Thla gentleman went there and found out sure enough there had bees a fire. I forgot to say he had wiitten us he had been burned out This gentleman found out that there had been a fire at that 1ace' Yesterday Lamar got a letter from him saying that his toolspwere burned up and that the machinists were now working on his tools and that he would soon be able to commence operations but I am a little afraid that he may not come up, but I don't' know I suggested to Lamar t.o writ to another gentleman, Mr. Murphy ot Radford, Pa., the next loweRt bidder; to write to him and seJ if
his bid is still open. I do not know whether he has got a rep! from him or not. I will say I was rather disposed to give the bia to ~lurphy because he gave such good references.
Q. You say you reserved the right to stop at 300 feet? A. Yes
sir. I want to say that I believe we will get a deep well anyhow: I think it is probable that we can get a flowing well, 'but if we
can get a deep well we will have the water problem solved, with the power. we have on hand, the steam power, but we lack the machinery. Our idea was to let him pump in the summer months pump until we would need these boilers for heating. We would
have to buy another boiler because we have just got as many-we have got hardly enough heating apparatus now. It is sufficient, but none to spare. But if we go on driving an artesian well in the winter it might interfere with our supply; therefore, if this man comes now we will be compelled to go to the expense of buy-
ing another boiler. \Ve need all the heat in the winter. Sometimes it is very cold and these boilers rest some. We have now four boilers.

::\Ir. Hollingshead, recalled:
Q. Some questions have been asked concerning the removal of State property from the grounds of this asylum, stables, etc., by Dr. Kenan. State to this committee where these stables were, what they amounted to and under what circumstances they were remoYed. A. They were on the State's property; they were standing about where the wing of that building over there stands (pointing to the conYalescent building). That lot at that time had an old wooden house, once occupied by the employes of the asylum. At the time this building was moved Doctors Powell and Kenan rented the lot from Mr. Hammond, the Steward.
They had it jointly rented, and about the time Kenan moved it
he had bought a place over there known as the Bass place, and then he took this building from the State land. I know that he moved it and that he did so against the wishes and objections of Mr. Hammond, the Steward. Hammond protested agrinst his taking it off. Hammond considered it the property of the State.
Q. \Vho was steward of the asylum and had charge of the property at that time? A. Mr. Hammond was the steward and I think was about to sue Kenan.
Q. Did anybody else protest against its removal? A. I do not know; I think Dr. Powell did. He certainly did through Mr. Hammond.
Q. How about the shingles on that building? A. Th~ building was covered with shingles, but I do not know who pa1d for the
:Mf shingles. Q. You state that this property belonged to the Statt;?. A. Hammond so considered it. It belonged to the State; 1f 1t h.adn t , Hammond would not have objected.

FRIDAY; OCTOBER 14, 1887.

1263

Q. Didn't Hammond threaten to prosecute Kenan for taking it

off? A. I think he did; I don't know whether he would or not,

but he threatened to do it.

Q. Did Dr. Kenan ever pay for that building? A. No, sir;. if

he did I never heard of it.



'1

Q. Kenan stated as the reason he moved this property to his

own grounds was that Dr. Powell had established a precedent

before by removing some building to his property; is there any-

thing in that? A. I know Kenan claims that, but Dr. Powell

did not move anything off' the Government property to his own

grounds, not a foot of lumber of any kind or anything else. I

don't believe you can find a man who will say so except Kenan.

I heard Kenan make that statement to this committee, but in the

first place, Dr. Powell never built anything there. In the second

placet.! know be didn't move anything off the Asylum property.

Q. r ou don't know whether this lumber was deducted from Dr

Kenan's account, paid it in that way? A. I know that it was

not. I don't know anything about the shingles, but I don't think

he bought the shingles from Mr. Hammond. I don't believe that.

Q. Didn't Kenan say Dr. Powell moved a chicken coop? A. I

think he said that, but it is not true.

Q. Do you know anything about the chicken coop? A. Yes,

sir; I know all about it. The chicken coop was moved from that

old building to the back yard of this building, and the Asylum

uses that chicken coop every day. It is now in the back yard. It

was moved because they were going to do away with the place

and put up the buildings. I don't think it was moved until then.

I know, also, that Dr. Kenan clatmed that he bought that lum-

ber, but that is not so, for I know a heap of that lumber was toted

through the asylum building.

Q. Do you know that Kenan paid for any of the lumber? A.

No, sir; he did not. I know it belonged to the State.

Adjourned until to-morrow morning at etght o'clock.

Ftiday morning.-The Committee met at eight o'clock, and continued the investigation.

Miss M. Mosely, being duly sworn, testified as follows:

~

. Mr. Hunt. Where do you reside? A. One half mile from here

m Baldwin county.

'

YeQs,.

~ave str. I

you was

had any connection an attendant here.

with

this

institution?

A.

Q. By whom were you employed? A. Dr. 'Vhitaker, I think. It was through his influence that I got the place here.

Q. How long have you been here? A. One year and eight months, lacking five days.

Q. th9

WAreereyoyuouemevpelor y~eedrehebreefonreowth?is

A. No, sir. one t_ime.you

have

spoken of,

lB one year and etght months? A. No, str; only a1' a visitor.

I wtas never connected with the institution before that and I am

no employed here now.

'

thQ.fiOn what work were you employed? A. I was attendant in
D~e r~s~t woawrdasotfhtehephfyemsiaclieandeinpaartttmenednatn. ce upon that ward? A.
ttaker was the regular physteian, though Dr. O'Daniel

1264

JouRNAL OJ<' THE HousE.

made his rounds. Miss Brookins was in charge and Yates ftrat' assistant, and Kitty Gilman second assistant. I'was a special attendant.
Q. Were you in this ward every day ? A. Not every day I was off occasionally. I was off by consent of the officers in chkge.
Q. Be kind enough to state to this committee whether or not the physician in charge of that ward was regular in his duty? A. I don't know how often they were required to be there, but they were not there every day. 'rhey were frequently absent, sometimes two, and sometimes three days at a time, and sometimes four or five days; and> I have known months to pass that the Superintendent was never in the hall.
Q. Do you mean to say that Dr. Whitaker, who was the physician in e\)arge, was sometimes two or three days, and sometimes five day!!!, absent from and not in the ward at all? A. Yes, sir; I mean t ) say that.
q. F ow often did that occur'? A. As long as two days away
occuned right often, aud as many as five days not more than onee. I cannot refer to anything to remind me of the dates.
Q. Do vou know whether or not Dr. Whitaker acted in the ]:;lace of the Superintendent when Dr. Powell was absent? A. That is what was said~what was told me.
Q. Do you mean to say that there were times when there was no physician on the hall'! A. I do, undouuted]y; Therewasfive iays that there was no physician at all on the hall as much as nee, and several times two and three days; that was repeated several times.
Q. Please tell me at what time it was five days when there was no physician on the hall'? A. I don't remember the time; dates are very unstable in my mind, but I remember once that the medicine was out.
Q. \Yhat attendants were out of medicine'? A. All the attendants on the hall were talking about it then, but they say now they don't remember it.
q. Do you remember whether it was last year, or this year? A.
This year or last year. Q. Do you remember whether it was this year or last year that
there was two days intermission between their visits? A. This year and last year.
Q. You say there was a time of five days intermission between the visits of the physician, when no physician appeared on the
floor? A. Yes, sir; I do. Q. 'Vhat time did this occur, this year or last year? A. This
year. Q. 'Vhat time this year? A. I don't know; I only know that
it was after I went to the convalescent. Q. 'Vas it in the winter, the Rpring or the summer? A. I don't
know. Q. About how long ago? A. Some time ago. Q. Pardon me, but we want to reach, as near as possible, the
time of this occurrence. A. I dd'n't remember the time. Q. 'Vas it six weeks ago'? A. It was more than that. Q. 'Vas it more than two months ago? A. Sometime ago; I
don't exactly remember. Q. It happened about the Spring? A. I don't remember. I
Q. Did you ever report that to anyone? A. N ? sir; I expect
spoke of it, but I did not report it t.o the Supermtendent, for It was not my business; I was a speCial attendant. I had in my
charge one patient.

FRIDAY, OCTOBER 14, 1~87.

1265

Q. Could you not have been in a room with this patient and a

ftli ician have gone through the hall and you not. have k~o~n ?ysA. No, sir ; he could not. I wo!-lld always ask If a physiCian

wbaodulcdomhae~eankdnothwenniIt

was generally m the hall. if any physician had come.

I know that I .

Q. Were you ever fined for neglect of duty:' A. Yes, sir ; I

was once fined I just slept ten

fmivienudtoelsla, ras~ dI

was put with a I was tined five

patient dollars.

to

sit

up,

and

Q. Who imposed the fine? A. Dr. Whitaker. H~ told :\Ir.

Lamar to take the money out; but I guef<;; I de,.;e~ved It though;

it was a Providential thing and I only slept ten mmutes. . .

Q. Under the rules of this Institution you tookthe pattent m.

your charge out for exercise'? A .. Yes, ~ir. .

..

..

Q. Could you not have had tht~ pattent out walkmg and the

physicians made a visit while you were out? c\, ~o, sir; I was

never out at that time I speak of. I know I was not out on these

days, and then the time the p~1,~sician come,; is not the time I

take my patient out. The phystctans generally come around from

ten to eleven o'clock.



Q. If there were other duties, they eould come around in the

afternoon as well as in the morning'? A. Yes, sir; hut they did not come at that time the days T have spoken of.

Q. And you could not have been out with your patient'? A. Not during those fise days. I know positively and absolutely that there were no physicians there for five days, and 1 know that I did not go out during these five days.

Q. And you are positive you can't remember the time these five days occurred'? A. No, sir; I don't recollect the time, but I am positive about that.

Dr. Walker. Was it not your habit to take out your patient every day'? A. Not that time, for there were some days ;;he would not go out; sometimes she could not leave the room.

Representative Hunt. Do you remember where Dr. Powell was during these five days? A. No, sir, I do not.

Dr. Stewart. Did those physicians ever make their rounds in the night time ? A. Yes, sir.

Q. Could not they have done that after you had retired'? A.

No, sir; I did not generally retire until about eleven or twelve

o'clock. The night-watrh sat right in front of my door and I

could sit up with the night-watch.

.

'

,Q. I suppose the physicians might go in at any time of the

mght? A. If there had been any such a case as that [ would have known it or have heard of it.

J. R. King, being duly sworn, testified as follow:; : I ~presentative Hunt: Q. Do you know Mary :\Im:eley ? A.

Q. How long have you known her? A. About twelve months. Q. Where do you live'? A. In Milledgeville.

disQt.

What is y Church of

our business '? Milledgeville?

A.

I

am the

Pastor

of

the

Metho-

mQem. bYeoruofsmayyycohuurckhn.ow l\'liss l\Iozeley '? A. Yes, sir; she is a

toQ. Have you had any conversation with her recently in regard
any matters connected with this asylum? A. Yes, s'ir; I have.

aWkhQear.taGsShoe~oMsna~i.sadsntdMosoytsaoetueleiytnobrtoehgtehacrbdoemtionmghiemttreesemerwbvehicraestsoyhfoemruey.saciAhdu. rtDcohrh,. eWIr hafneitld-t

1266

JouRNAL oF THE HousE.

it to be my duty to get at the bottom. of this affair so that I mbrht properly understand it and take it in hand. I w'ent to eee MIM

Moseley, and found her very penitent for what she had said and

done. f;llte and said t

was very s hat one of

ohrerrygfroerattheestctoruorusbelsehseinhalidfepuhrasduebde.enShtehawtes~t~

could not control her tongue-that she spoke without thinkin~S

I and she said, I have told stories, and I am sorry ot it. She Bald
I remember one story I did tell before that other committee

was questioned about the matter of the Doctors being absent from

the halls, and I stated that they had not been in the halls for five

days, and said that the other witnesses would testify to the same

thing, but, she said, when they were called in they did not seem

to remember it, and that she said under the impulse of the

moment; she said the reason they could not remember was that

they were worked to death. She stated that she did say it but

that slw regretted the whole affair.

'

Q. 'l'hat is about the substance of what was stated to you? A.

Yes, sir.

Q. Is there anything else that bears upon this question? A.

The impression :-;he left on my mind was that she was so wrought

on that when she was testifying she spoke without giving the

matter the consideration she might have done.

Q. Have any charges been preferred in your church against her

veraeity ? A. Y e,;, sir ; the charges are pending now and are

being inve"'tigated.

Dr. Walker. Has this lady been discharged from service since?

A. l found her at her home; didn't ask her if she was connected

with this Institution: I don't know anything about that.

Dr Whitaker, being duly sworn, testified as follows:

Representative Hunt. \Vhere do you live? A. At the Lunatic

Asylum, in Baldwin county.

Q. \Vhat is your business'? A. I am first assistant physician of

this in~titution.

Q. HaYe you charge of \Vard No.1 in the ladies' department?

A. Yes, and have had for several years.

Q. State to this committee what vour duties are? A. It is my

duty to make regular round,.; and to "inspect and prescribe for the

sick ; see that the patients are atlended to; see that the attend

ants discharge their duty; keep their halls clean and don't neg

leet the patients and to look after the patients generally and see

that they have suitable food and plenty of it and the si.pk all the

attention needed.

Q. H()w often do the physicians visit the ward? A. Once a

day at least and then as many times as the sick require, some-

times morning, afternoon and at night and sometimes between

times.

Q. Have you adhered to that rule"? A. Yes, sir; when I was

well and ori duty. I have been off duty by permission of the

Superintendent over two weeks at a time; been down on the

coast, and while I was absent Dr. O'Daniel attended t? my. dubadtlea

or he attended to part and Dr. Hall to part; Dr. 0 Damel

charge of ward No. 1. Q. Have you consistently

adl;le~ed

to. that

rule

all

the time

when not siek or absent by permrsswn? A. I have except some-

times when I had other duties; when Dr. Powell was absent thDren

the other doctors attended to the wards and I attended to . Powell's duties. Sometimes t~re would be a run of buslne&.

FRIDAY, OcTOBER 14, 1887.

1267

and if there was no particular sickness I would send in place of

go~gWas there any time in this year that you failed to go for five
days at a time? A. In June I was away, from June 9th until the

29th. Q. You have consistently adhered to the rule by going around
every day, except when you were siek or away by permission, or else when Dr. Powell was absent and you were attending his bus-
hiess? A. Yes, sir; and even when I was attending to the Superintendent's duties I would send to the wards and see if they

wanted anything. Q. When you were not there wa,; some other physician there
in your place? A. Yes, sir; Dr. O'Daniel was there. I would
like also to say that it was possible I could go on that hall for five oonsecutive days and a special attendant might not see me. For
instance, Miss Moseley was in the habit of sewing on a sewing machine and it made so much noise that I have frequently passed by and saw her sewing on her machine. I have gone in the front
of the ward and gone down and attended to the sick and gone by
her room and she has not see.n me, and would not know that I had been there unless possibly she should ask about it. She also got into the habit of running off the ward and visiting some other
ward so that we had to rebuke her. Dr. Walker. It is possible you might have been gone all that
time? A. Yes, sir; and I might even have seen her patients and she working on her machine and not know it. I have done it
several times, and also when she was off the ward without permission.
toQ. Did you ever have occasion to reprimand her? A. Yes, sir;
I had give her several plain talks.

Q. Was she not on probation five or six weeks before she left? A. Yes, sir; she had been reported by Mrs. Darnell, the matron,

and Miss Boykin, the head attendant, and I reported her to Dr.
Powell, and he being absent, we had postponed it for action, but in the meantime I had given her some plain talk.

Q. Was her father discharged from this institution? A. Yes, sir; he was discharged for stealilig.

Dr. Powell. What is the rule as to the sick in the wards when

the physician makes his regular rounds or between these rounds?

A. It is the duty of the attendants to send for the doctor or to

repo~t ~he ~ick to the matron and she sends for a physician. If the

physiCian m charge of the ward is absent, and it is an emerO'ency

they get any physician. It is the duty of the attendant to s;e that

the physician is notifiect, and it is the duty of the matron also if

she finds it out.

.Q.. Did you ever fail to respond to a call of that sort? A. No,

Sir~;-

1fDI1:~ouMl~1snsoMt goosemlyyseevlferI

sent somebody else at once. report anything of that sort

to

you?

A. No, s1r, she never did.

Q. Did she ever report anybody? A. No, sir.

Q. Were you absent on any other times than those you have mentioned? A. That might have been if no one was sick and

ot:ht:hS~reeitrckowdaaunstnoh~a:t;isfpDyrIerm.sgsPeoo.o, fwaSoneotdlhml emierftaidemyunebtgiseaeIgsa,ewbdhisluelmtnbtiae,fyahInseaedrnmedoannftodcotoDuserern.es"~Oea'""ID'eIwatdniilisilenlthhawaenviiylerl :bble duties t? perform; then I can only just go round and visit
lleQ.edsick, and m those wards where no one is sick I may only BDr. Powell has been absent more or less this summer. Y, whose advice was Dr. Powell absent'? A. The trustees

1~68

JouRNAl" oF THE HousE.

advh;ed him to go off, and I urged him, and also the other physi-

cians urged him. He was not well at all, and not able for duty ~e did not want to go, and we urged him, begged and beseeched

h1m to go. He was sent for on two occasions to go to Atlanta

Dr. Felton sent for him; he was also advised to go to Salt Spring;

so as to he accessible to Atlanta in ca&e they wanted him.

,

Q. Do you or not know whether Dr. Powell was at that time

physically unable to attend to his duties'? A. He certainly was.

Dr. O'Daniel recalled:
Q. Dr. Whitaker has stated that during the summer he was ab:-'cnt for some time, and that you were left in cbaro-e of ward No. 1. :-ltate if during that time you made your regula~ rounds? A. Yes, sir, 1 was left in eharge of the female department to- gether with my own. I made the:se rounds regularly, every day with the exceptions of f'OmP Saturdays and Sundays when I w~ so detained that I could not get around, but I always visited the sick.
Q. Did you fail to go into ward one for five days? A. No sir, I go on nearly eYery night. \Ve have a medicine carrier, and ifi did not go I sent her to find out if there was any trouble or any patient requiring my services.
Q .. Dr. \Vhitakcr has testified that he had to act as Superintendt ny reaso'l ) 1Dr. Powell's absence; state to this committee ! rher or n l 1".-m think it was advisable for Dr. Powell to go way. A. I certainly do, and so advised him. On Saturdays ..nd Sundays we rotated, two doctors on duty and two oft. We are subjcct at all times to the call of the nurses. Q. You have competent nurses'? A. Yes, sir; they know when a patient actually needs the services of a physician.

-:\liss Dolly Brookins, neing duly Worn, testified as follows:

Q. Are you employed in this institution'? A. Yes, sir.

Q. In what capacity? A. On the first hall, an attendant.

Q. \Vhat kind of an attendant? A. Head attendant of first

ward.

Q. \Vhat are your duries tht>re? A. To look after the hall gen-

erally, the whole of the hall.

Q. Can you state \yhethel or not the physicians during this year

have Leen regular in their duties in attendance upon that ward?

A. They have Leen regular.

(-2. Have you known the physieians to miss as much as two or

three dayK from attendance on that ward? A. I have known

them to miss as much as two days.

.

Q. "\Vas there any absolute necesity for their attendance. A.

No, sir.

Q. Have you ever known the physician to miss atte!ldance on

that ward for five days at a time'! A. l' o, sir; never smce I have

been in the institution. I have been here three years the 16th of

Oetober.

Q. \Vho is your physician in charge of ward one? . A. Dr.

Whitaker during the day and Dr. O'Daniel generally at mght.

Q. If Dr. \\'hitaker is al.Jsent from any cause then who goes in

his place? A. Dr. O'Daniel.

Q. Are you absolutely certain that there bas not been five days

during this year that no physician visited that ward. A. Yes,

sir, I am.

FRIDAY, OCTOBER 14, 1887.

1269

Dr. Walker. Is it possible that you may not have been absent
as much as five days at a time:' A. No, sir; I have not. Q. I understand you to say that having charge of the hall, you
would see the physician every time he came, and if he had been absent you would have known it ? A. Yes, sir.
Senator Powell. You have charge of the other attendants,
including the special attendants? A. Yes, sir. Q. Would you know whether they were absent? A. Yes, sir. Q. Were the physicians ever absent for two days at a time when
the sick required their attendance'? A. No, sir. Q. Whenever any person was sick enough to demand the
attention of a physician they were never absent, were they? A.
No, sir, never. Q. Did you, as head attendant of the ward, ever send for a phy-
siCian and they refuse or fail to come'? A. No, sir; I never did. Senator Powell. 'Vas Miss Moseley in your ward. A. Yes, sir. Q. How did you find her as an attendant-was she attentive to
her duties or neglectful'? A. She was neglectful.
Q. Did you ever report her? A. Yes, sir, to both Dr. Whitaker
and Dr. O'Daniel. Q. On what account\' A. X ot discharging her daties. Q. Did she leave the ward without permission? A. Yes, sir. Q. And would go to sleep on duty'! A. Yes, sir.
Q. Ami would neglect her duties in other ways'? A. Yes, sir. Q. Did she ever neglect a patient in her charge'? A. Yes, sir. Q. In your intercourse with her did you find her to be truthful
and reliable? A. No, sir; she was neither truthful nor reliable.

Miss Kate Flurry, being duly sworn, testified as follows :

Q. What position do you occupy m this institution? A. I am the seamstress. I was on the first ward for awhile.
Q. How long has it been since you were on the first ward ? A. Nearly a year.

Q. At the time you were on that ward were you there all the time? A. Yes, sir.
Q. State whether or not the physicians were regular in their attendance? A. They were when I was there.
Q. Who was the physician'? A. Dr. Whitaker. Q. Did you ever know him a way as much as five days at a time? A. No, sir.

Q. Did you ever know him away at all'? A. Yes, sir; but Dr. O'Daniel filled his place.
Q. Was Miss Moseley theie when you were? A. She was about
q. five months before I left. Was she diligent in the discharge of her duties? A. She was While I was there; I was there only about five months.
Q. Senator Powell. Was Miss Mosely on that ward when you were t~ere? A. No, sir.

Q. Did an;ybody come to you and talk about her'? A. Yes, sir; shteorn.efsa.ther d1d. He said her only failing was that she would tell

Q. Her father even admitted that she was unreliable and un-

tAru.QtYh.efAus,rle?s1~rhA.er. eYmeso,resira.tteInwdaaKn

head ts on

attendant on that that hall than on

hall. the others?

doQu.blWe whyarids. it? .A. There are more acute cases, and it is, also, a

Miss Rebecca Yates, being duly sworn, testified as follows:

1270

JouRNAL oF THE HousE.

Q,. What connection have you with this institution? A. 1 am

a special attendant.



Q,. Upon what ward'? A. On Ward No.1.

Q,. ~ un~erstand as ~pecial attendant you look after one patient especmlly. A. Yes, su.

Q. At what time, day or night'? A. In the day time.

Q,. How long have you been employed here? A. About three

years-three next January.

Q. Do you see the physicians when they make their regular

rounds'? A. Yes, sir.

Q. \Vill you please to state to this committee whether or not

you have ever known these physicians to fail in making their regular rounds for five days at a time'! A. No, ~ir; I never have.

Q,. Have you been regularly on that ward ever since you have

been here? A. Yes, sir.

Q. Have you known them to miss as much as two or three

days'? A. Yes, 1-\ir; as much as two.

Q,. At the time they missed two days was anybody sent for

any of them'? A. No, sir.

Q. Did you ever know any of the physicians to refuse or fail

when notified? A. :Xo, sir; I never did.

Q. Do you as an attendant think these physicians have carried

out their flu ties towards the patients? A. Yes, sir; I certainly do.

Senator Powell: You say they have been absent for two days?

A. Yes, sir.

Q. Tell the committee what two days they were absent; was it

on Saturdays and Sundays'! A. No, sir; they make their rounds

sometimes on Saturdays and Sundays.

Q. Are they not more apt to be absent on these two days? A.

Yes, sir; they are more likely to be absent on Saturday and Sun-

day. ~- What time do you go on duty? A. Itt the morning at hom-

time, at 4 o'clock.

(cl. And what time do you go off'? A. At 9 at night.

Q,. These special cases require attention all the time, and when

you get off' someone else goes 011 :' A. Yes, sir; day and night.

Miss Lou Beck, Fanny Robinson and Miss Gillman corroborated all that was said by Miss Dolly Brookins. They stated that they were all three attendants in the first ward; that they heard the testimony of all three of the other '1'\ itnesses and corroborated
what they had said.

"Yfr!', .J. M. Darnell, being duly bWOrn, testified as follows:

Hepreseniati\e Hunt. In what capacity are you employed in

this institution'? A. I am the matron.

Q. foltate to this committee what your duties are as matron of this asylum'? A. To see after all the female pat~ents, and see that

the house is kept neat and dean ; see after the siCk, look after the

clothing, etc. Q. H(Jw often

do

you

generally go

on

ward

~o. 1 '?

A. A~most

every day. Some days I do not go on, but as a genera! thmg It

is once a day, and sometimes in the afternoon or evenmg after

tea. If there h; anyone sick I always go.

..

Q,. Do you as matron of this institution see the physiCians every

da~y-?

A. Yes, s Have you

ir; almost ever seen

every day. Dr. Whitaker

under

the

. mfluence

ot

whisky'! A. No, sir; I never did.

FRIDAY, OcTOBER 14, 1887.

1271

Q. Have you seen Dr. Hall under the influence of whiskey? A.

No, sir; I have not.

,

.

.

Q. Have you seen Mr. West, the apothecary! A. No, sir.

haQv~

In the capacity known if they

in wh were

ich you are acting would you under the influence of drink?

or not A. I

think I would.

.

.

Q. How long have you been matron:' A. Five years this com-

ing January.

Q. You state you have never seen any of those gentlemen under

the influence of liquor? A. I have never seen any of them at all

under its influence.

Q. You would have known it, would you not: A. Yes, sir; I

would have known it.

Q. Do you know l\fiss Mary :\foseley '? A. Yes, sir.

Q. Was she efficient as an attendant'? A. She made a very

good attendant so far as looking after her patients was concerned.

Q. Did she make truthful reportH to you as matron? A. No,

sir; she has told me lies.

E. C. Ramsey, being duly sworn, testified a:-; follows:
Q. Where do you reside'! A. In Baldwin county, State of Georgia.
Q. What is your business? A. Judge of the County Court of Baldwin county.
Q. How long have you filled that office'? A. Sinee June, 1880 ; Beven years last June.
Q. Are you acquainted with Dr. Powell'? A. Yes, sir; I have known him continuously since 18il.
Q. Are you acquainted with his general character'? A. I 1\in. Q. Is it good or bad'? A. It is good. Q. Would you, from a knowledge of his character, believe him on oath'? A. I certainly would. Q. Are you acquainted with Dr. \Vhitaker'.' A. I am. Q. Are you acquainted with his general character? A. I am. Q. Is it good or bad? A. It is good. Q. Would you, from that knowledge of his character, believe him on his oath'? A. I would. Q. Are you acquainted with Dr. Hall'? A. I am. Q. Do you know his general character'? A. I do. Q. Is it good or bad? A. It is good. Q. Would you from a knowledge of his character believe him on his oath'? A. I would. Q. Do you know Dr. Kenan'? A. I do. Q. Are you acquainted with his general character in the community in which he lives'? A. I am. Q. Is his character good or bad '? A. It is bad. Q. Wo~ld you, from your knowledge of his character, believe him on his oath? A. Not anything about the Lunatic Asylum; I certainly should not believe him. Q. Did yo~ ever see Dr. Powell iiitoxicated or drinking'? A. I never ~w him take a drink of whisky in my life. Q. Did you ever see Dr. Whitaker drunk'? A. I never haYe. Q. Dr. Hall? A. No, sir, never have. Q. Mr. West, the apothecary? A. NeYer have. Q. Have you been in a position, and seen enough of them to eay that you would have known it if they got rlrunk '? A. They might have been drunk and I not have seen it, but I see them very frequently, and have never seen them drnnk.
W. H. Scott, being duly sworn, testified as follows :

1272

JouRNAL OP THE H()usE.

Sen. Powell. Where do you reside? A. Here at this Asylum Q. Are you connected with this Asylum? A. Yes, sir, a~d
have been for three years and two months as Usher to show visit-

ors through the buildings and grounds.

'

Q. Are you the first usher this institution has had? A. I think lam.

Q. Do you know how one came to be appointed? A. I heard

there was considerable complaint about the officers being di!ll!&t-

isfied going round with visitors, and Dr. Powell was requested to

provide an usher. I have !Jeen told by officers here that Dr.

Kenan was the mo"t urgent in asking it to be done.

Q. Did you ever see that paper (showing witness a paper)? A.

Yes, sir; that is a statement of mine.

Q. Is it correct'.' A. Yes, sir, it is. (Paper marked as "Exhibit

C," and appended to this report. 1

Q. Do you know of an,y neglect of patients by any physician

connected with this institution'? A. Xo, sir,I do not.

Q. "'here are you always to be found? A. In the Steward's

offiee when not goinM around with visitors.

Q. How often do you see the physicians'? A. I have seen all of

them, I think, except Dr. Powell, every day since I have been

here. 1 have never heard of any neglect, never knew of their

being drunk, and my position for knowing bas been good. I have

known Dr. 'Vhitaker since his birth, and known Dr. Hall since he

was a ehild. They are sober men, and attentive to all their duties.

:\Ir. Lamar, recalled :
Q. 'Look at this paper; is it correct and what doeH it show? A. It is correct; it shows a statement of all the issues running from October, I Hl->6. (The paper was made a part of the record, and 18
marked as ''Exhibit n" an(! attal'lwd.l

Captain('."' Ennis, being duly sworn, testified as follews:-

Q. "-here do you reside? A. In Milledgeville.

1,

Q. 'Vhat is your business'.' A. I am sheriff of Baldwin county. Q. Are you acquainted with the Trustees of this asylum? A. I

am acquainted with Dr. Hall, Dr. Erwin, Captain Newell and

Captain Latimore.

Q. Where do thev live'.' A. All of them live in Baldwin

county.



Q. Are these men competent and suitable for the position of

Trustees for an institution of this kind? A. I think so.

Q. Are they considerad men of good practical common sense?

A. Yes, sir.

..

Q. ~fen of education : A. Yes, sir, two of them are pbystmans;

I think they are efficient men to discharge these duties.

By the chairman. Are they recognized as men of good morals?

A. Yes, sir. Q. Are they sober men? A. flo far as I know they are..

Q. Do the) attend to their business and manage thetr affairs

prudently? A. Yes, sir, as far as I know. Q. How long have you been in Baldwin county? A. All my

life except when in the army.

.

Q. Are you acquainted with Dr. Kenan? A .. "Yes, ~1r.



Q. What is his reputation in the community m which he lives?

Is it good or bad'? A. As a general thing I do not think lt 1.1

good.

FRIDAY, OcTOBER 14, 1887.

1273

him'Q From your knowledge of his character, would you believe on his oath? A. In some things I would and in some things
I would not. Q. What do you mean by some things; what distinction do you
make? A. A great many times Dr. Kenan has said things to me when I knew he lied. I knew the statements were not true. There are some other things he has made statements about that he did do as he promised to do, and on these two points I make the distinction.
P. M. Compton, being duly sworn, testified as follows:
Q. Where do you reside'? A. In Milledgeville, Baldwin county. Q. How long have you lived here'? A. Rince 1844. Q. Are you acquainted with Captain X ewell? A. Yes, sir. Q. With Captain Latimore? A. Yes, sir. Q. Dr. Erwin? A. I am not so well acquainted with him. Q. With Dr. Hall '? A. 0 yes, I know him. Q. Do you think these men capable of managing such an institution as this aR Trustees? A. Yes, sir, I do. I cannot say positively about Dr. Erwin, because I am not familiar with his capacities as I am with those of the others. Q. Do you consider them efficient and faithful to any trust that would be imposed upon them by the State of Georgia? A. I do, as much so as any men I know anywhere. Q. If you were from any cause incapacitated to look after your own individual affairs, would you be willing for such men as Newell, Latimore and Hall to take charge of your affairs and manage them for you? A. I would certainly, I have such confidence in them, I have as much as in any men I know. Q. What can you say from the limited knowledge you have of Dr. Erwin: A. These other men I know, they are intelligent, honorable men. I have known Tom Newell since he was a boy, and I can say the same thing as to Captain Latimore, and Dr. Hall the same. I do not know Dr. Erwin so well. Q. You have quite a large business yourself; would you be 'Willing to entrust these men with the management of your affairs? A. I would not hesitate to trust any of them. I have a large business and I don't know any three men I would more cheerfully resign my business into the hands of and feel that everything would be right.
Q. About how much are you worth? A. I do not know what I am worth; I gave in $BO,ll00. :\Iy annual business is from $20,000 to $30,000. That does not include my cotton business.
Q. About how much cotton do you purchase? A. Last year I purchaS{'d 12,000 bales, usually from 12,0011 to 15,000 bales.
Q. What would that business represent'? A. Over $140,000.

F. B. Mapp, being duly sworn, testified as follows:

coQu.ntWy. here do you reside'? A. In Milledgeville, Baldwin

Q. Are you ~cquainted with Captain Newell, Captain Lati-

more, Dr. Erwm and Dr. Hall? A. Yes, sir; I know them all

peQrsoAnarel!yta~nedsewne;ltle, ne xecfefpictiDenrt.

Erwin. I do and capable

not know men in

him so fully. the manage-

mQen. t~ofytoheuirtahfifnaktrsth?esAe .geYnetsl,emsiern:

they are. are competent

and

, capable

of

managtng the affairs of this institution? A. Yes, sir ; I do. Dr.

1274

JouRNAL oF THE HousE.

Erwin I am not very well a.-quainted with, but all the othei'B I can speak of. I do not know any men I would sooner risk
Q. Do you think that the three men you havE> menti~ned in conjunction with two other trustees are capable of managing tw() hundred thousand dollars of trust funds annually reposed in them by the State of Georgia? A. Yes, sir ; I do.
Q. Do you think this institution needs any other management except the management of the trustees'? A. I don't see how it could be managed any better than it is.
Q. 'Vhat is the extent of your business'? A. I have been in the dry-goods business ever since I was a boy.
Q. About how much does your establishment do every year? A. Sometimes s-10,000 or $50,000.
Q. Have you had dealings with these gentlemen'? A. Yes, sir; with Hall, Newell and Latimore.
Q. How do they manage their own affairs: A. They manage them well, I should say; they are men of means and they have made all of it themselve,.;.
Q. Do you think it a good test that a man has the capacity to manage his own affairs'? A. I think that would be the best test to put a man to.

T. ,V, 'rurk, bt>ing duly sworn, testified as follows:

Q. 'Vhere do you reside? A. In Baldwin county. Q. 'Vhat is your business'! A. I am a farmer and am tax collector of Baldwin county. Q. How long have yon been tax collt>ctor '? A. Six years; this is the seventh year. Q. Are you acquainted with Captain Newell, Captain Latimore, Dr. Hall and Dr. Erwin? A. Yes, sir. (~. Are they men capacitated to manage their affairs? A. They are. Q. Do tlwy manage them well'? A. They seem to do so. . Q. Do you think these men are capable of managing the affatrs
of this institution: A. I certainlv do. ({. Upon what do you base that statement? A. Upon the
knowledge I have of the men and from the way they manage
their own affitirs. Q. Do you think these men you haYe mentioned, are ~apable o!
managing :';'200,000 trust funds for the State of heorgm? A. I
think they are fully capacitated to do so.

F. G. Duhignon, being duly sworn, testified as follows:

Q. 'Vhere do you reside'? A. In Savannah, Georgia..

Q. Did yon eYer live in Baldwin county'? A. Yes,s1r; Iwas

born and raised here.

Q. How long since you have been a resident ofBaldwin county?

A. I Q.

moved to Savannah in the fall of 1883. Did you ever represent Baldwin county.

in

t.he

~egislature?

A

. Yes, Q. Ar

s e

ir; both the you acquain

county and ted with Dr.

t

hHealsle,nDatro.rF~~arlw~m!,strCiCatp.ta.m

New-

ell Captain Latimore and Dr. Hopkins'? A. Yes, sir; I know th~m all, know them each, indiYidually, and also know some-

thing of their acts collectively.

.

Q. Do you think these men are capable of managmg the affair&

of this institution? A. I certainly do, as well as any men I could

name in the State of Georgia.

FRIDAY, 0CTOBBR 14, 1887.

1275

Q. Do you think these men are worthy of the tru;.t imposed

upon them by the State of Georgia to manage $200,000 annually?

A. the

yYeas~e.sibr~cIausheavwe hmileoreI

than an opinion, I am satisfied that was in the Legislature, and since, I

have had an opportunity of knowing. Q. We would like to have your opinion of them as trust~es '?

A. My opinion is that they are compet<>nt and efficient. While I

was in the Legislature, both in the lower house and in the senate,

the affairs of thts institution underwent Yery close scrutiny, and

it is my pleasure and pride to say that the management of this

asylum met with unquestioned support by the entire Legislature.

My acquaintance with these gentlemen grew out of that investi-

gation.

Q. Didn't you engineer and get through the appropriation for

these new buildings? A. I can't say that I engineered it or got

it through; I took an humble part ; I was the author of both bills.

Q. Did you afterwards take an interest in the disposition of the

funds-see bow it was appropriated? A. Yes, sir; I did, and saw

that it was moHt justly applied.

Q. Then you are satistied from what you know of their former

management that these men are fully Pompetent and reliable to

manage the trust fundR of the State "? A. I don't think any fair

minded man would for a moment question that.

Q. What do you think about the idea of enlarging the number

of trusteeE. '? A. I have thought about it and have talked to some

of my friends. l\fy idea is that it would be an unwise measure,

for the reason that the efficacy of a Board of TruHtces consists in

their accessibility. In addition to this, I think it would be

unfortunate and would bring the management into politics and

would give rise to unpleasant complications.

Q. What do you think of the idea of having a triistee from each

of the Congressional districts'? A. Both tlw objections I have

urged would apply to this. I think it is proper for me to state

that some of the memberH of the present Board of 'l'rustees were

not on the Board at the time I was connected with the affairs

here. Dr. Hopkins is the more recently appointed member of

the Board. I know him personally aml professionally, and can

say that he is a gentleman of the Yery highest character and

intelligence.



Q.. Some of the witne~ses have stated that thty were not very

well acquainted with Dr. Erwin. A. I know Dr. Erwin very

well; he was not on the Board when I was repreHenting the

countv.

Dr. Powell, Superintendent, being duly sworn, testified a;; follows

Sen9:tor Powell. How long have you been connected with the

Lunatic Asylum? A. I am in the twenty-sixth year now.

Q. You have not had an usher here all the time".' A. No, sir;

it.was ro.rmerly the duty of .the. assistant physicians to go round

With VISitors, but when the mstJtution became so large it caused

a great deal of trouble. Frequently physicians were otr on busi-

ness and there was no one to attend to the visitors and they

would frequently haYe to go away. I think Dr. Kena'u was the

first man to suggest it or to speak about it. He, himself, wa;,; so

frequentl:y out of the way that he Huggested that we have some

one e.si?CCially. to phySICians of 1t.

take He

charge of spoke to

Cthoalot ndeul ty~Wahnitdtlreeliaenvde

the he

assistant spoke to

me. Even then there was a great necessity for it, and, of course,

1276

JouRNAL OF THE HousE.

i~has become still more necessary now. People visit the institutiOn now more than they did, and the institution has become
more populous. I cannot say exactly the number of visits that are made, but there is no question about the necessity for an usher.
Q. That is because physicians cannot attend to it? A. It is impossible for them to do it. They were formerly, before we had
an usher, on the wards attending to their duties, when parties would come in, and after waiting, would go away. They had frequently to leave without seeing the institution.
Dr. Walker. The usher has handed us a statement of the number of visits made in a year. (Paper marked as'' Exhibit D" and attached to this report.) I see hP reports 8,000 visits; that would
make how many a day? A. That would depend entirely on the number that comes at a time. That, I understand, is the number
of visitors, but sometimes there are quite a number shown through at the same tilne. Then, again, he may go through with a single person.
Q. 'Viii you state something about the connection of Mr. Mose-
toley and ~Iiss Moselev with this institution? A. I was a little loth employ Miss ~Ioseley, from the fact that I had heard that she was wanting in voracity, but others thought that she had reformed. I think Dr. 'Vhitaker thought so. I employed her, but before long I was satiHfied that she was not reliab)e. As to her
father, he was once nn employe of the institution, but he was discharged. He was on the outside, under the jurisdiction of the
Steward, Mr. Brown. He was discharged for stealing. Afterwards he came to me; I had heard he had joined the church. He stated that he had reformed and merely wanted to get back to
redeem his character. I felt sorry for him; he had a large family and I thoughr', perhaps, had reformed. I re-employed him; that is the way he got back ; but as to his reform~tion, I apprehend there has been very little of it. It is not a great while back that we had reasons to believe he hadn't reformed, or, if he had, he. had fallen from grace again. In emp~oying him this time, I put
him in a position where there would be no temptation, for I do
uot think his environments ought to be such as to lead him off, so I placed him in the ')emetery this time.
Q. l\Iiss Mm;eley is reported as being unreliable and neglectful of her duties. A. I heard that it was probable that she was not truthful, and during my absence, while I wa.s unable t~ ~ischarge my duties, she was fined. She was put to watch a SUlCldal case1 and she went to sleep, anrl the night-watch found her asleep ~~;na reported her, and she denied it. I would have fined her for gomg to sleep, and I would have discharged her at the end of the month.
Q. Why was she retained after these things were developed? A.
It was my business to have taken it up at the end of the month.
I think 'Vhitaker fined her five dollars, and when I came back I stated to him that I would have discharged her.
Q. You stated that you re-employed Mr. Moseley? .A. Yes, sir. Q. \Vhat business does he attend to now? A. He lS what you
might call the sexton; he looks after the cemetery. He has no connection with the wards. He is incapacitate~ from damaging the institution. He cannot steal the cemetery; 1t would be a dif-

cult matter, at any rate, to do so. Q. You have a drug store in connection with this institution?

A. Yes, sir.

ld b

Q. Could you get along very well without it'? A. It wou e

an utter impossibility. Q. It has been suggested that your four assistant physlclant

FRIDAY, OCTOBER 14, 1887.

1277

could attend to that, and that the _apothecary might be done away

with. A. That is another impossibility.

Q. State to this committee what duties your fourth assistant

physician has to attend to. A. He has charge of the detached

bmldings and male and female buildings, and then he is in the

center building. Q. How many patients are there in the two detached buildings?

A. About 200-I could not say positively.

Q. Have your asl"istants ever been reported for neglect of their

duties'? A. Not any of my present staff. I had some such report

about my former >-~taff. I want to say in regard to my present

staff of assistant physicians that they are efficient, faithful, com-

petent and sober. I have visited almost all the Northern and

Western institutions of this kind, and I would not exchange my

present staff for any staff in the Fnited States. 'rheir peculiar

qualifications, for there are very few people qualified to fill the

position of assistant physician in a lunatic asylum.

Q. Is it not also the duty of the fourth assistant physiciau to

receive all the patients who come to this asylum? A. Yes, sir;

he receives the patients, or if he is out of the way, I do it.

Q. If your staff, or any member of your staff; were to be under

the influence of whisky, would it be possible for them to be so

without your knowing of it? A. I think not. If they are on

duty, I have no idea that any of my stafr but who would report

to me if they were under the influence of whisky. I have that

confidence in them. I know they have the interests of this insti-

tution as much at heart as I have.

Q. What can you say to this committee in regard to the discrep-

ancies in salaries? A. If you will notice, from the beginning

of the time when we had to employ four assistant physicians,

that, in employing them, we commence with the minimum

salary. Their serYices are not nearly so valuable to us in the

beginning. They commence at the minimum priee. I am alone

responsible for the salaries paid. As they become more efficient

their salaries are increased, and that discrepancy grows out of

that thing. We start with the minimum price, and go up as

they become more useful to the institution.

Q. In case one of your staff' should be removed, and you should

take in a new physician? A. Then the matter would be reversed;

we would get him for $1,000, and the salaries would be less than

now. Iffound, after a while, that he was faithful, efficient and

qualified, had the natural tendencies required, then his salary

would be increased. No one commences here with the full salary.

Q. There has been something said about your being up in

Atlanta lobbying. State why you were in Atlanta? A. I was in

Atlanta at the instance of the chairman of the committee-

a direct summons-had a letter requesting me to go. Went to

the House committee and submitted the names of the patients

who were sent here by order of the eourts; that the Trustees

nor myself had any jurisdiction over their discharge. I asked

that they consider these names, and either give us some authority

or take some action upon it. I also had a letter from Senator

lPiokwe etoll,sa~eskmineginm~eeigfarI dcotoultdh

be in Atlanta, e establishment

and of a

t

hat he home

would for the

f~~eeeewbnale~m-muysmucuadlsetfdoomrcht, hgileedmnreertnaololnyfo,tttihofyegmoSettoa. tAe.DtloaInntosaht, okaunnloddwgsotahytaottthhtaheteHyitoeuhvsaeesr. iled to ask me to go up. That has been the habit of the com-

mittee ever since my connection with the asylum.

1278

JouRNAL OF THE HousE.

Q. It has been charged that you have been a~ay from thl.B

insti~ution~ Were you or not away, under the advice of your

physlCmns, A. I have been off to recuperate my broken.down health. .The ~rustees insisted on my going, and ali the physicians

here advised me to go. I had not been equal to my duties for

some time, and needed rest and recreation.

Q. Now in regard to a change in the number of Trustees?

A. I understand that the firo;t bill provided for ten Trustees and one. of them, the Gove.nor, should be ex-officio a membe~ and

chairman of the Board. I understand that is stricken out and

the bill reads now that eleven 'frustees, one from each' con-

gressional district and one from the State at large. And it pro-

vides, also, for the appointment of the chairman of the Board and the chairman is to be a distinguished phy~ician. There are.~ny

reasons why that would be hurtful to the institution. In the first

place, as the Board now stands, we have five members and there

is always a majority near the institution. It is the duty of the

local Board to meet monthly, go over all the vouchers, books

and accounts, and send the duplicate youehers to the Executive

Department. You can Yery readily see that if the members of

the ExecutiYe Board were scattered all over the State, this would

be Impossible. They also have to sign all the requisitions for

money-once, twice, or three times a month. We also frequently

haYe occurrences here that we cannot foresee. Something may

happen, and the Board must be called together, or the institu-

tion will be damaged. For instance, we had a boiler give way.

If I had to wait and send round over the State to get a majority

of the Board to act on that, it might be a week before anything

could be done. \Ve cannot allow these people to suffer for that

length of time on that account. It is absolutely necessary that

a majority of the governing Board should be easy of access.

If the Board is inereased to eleyen, it will be an unwieldy number,

and involve an unnecessary expense to the State.

Q. You do not think it likely that the Trustee living in Dade

county would attend regularly? A. No, sir; I don't think It

probable; and then he would not become familiar with the insti-

tution. In or<ler to become efficient, be would have to attend

regularly. He could not appreciate the interests of the institu-

tion; and as to the appointment of a distinguished physician, well

-of course all doctors are excepted-we, doctors, know very '!ell that a distinguished physician, if he is engage~ in ge.neral P!actlCe,

cannot neolect that practice to come here. Sometimes his casell may be of~nch a character that they have to be !lttended to that very night. They can't be deferred. Another thn~g we all ~now:

There are Yery few physicians who are good finanCiers: It IS not

lpfioinheodytkhstieoocivirsaeelnrilsentcheotenoitfbtshobeoouwkBssinonaaenprsddrse. vstoiodIuteacndihstd.enruesWc;peaselnsoadanrlgytrhetceahodBalyutomtahhrnaedsvpeiosrfed~sifeii~dtgt~eumenrgretuslqo,s~uahtanehlided

Board should alwavs be present. 'rhere are other reasons I m1ght

to name whv the eleven Trustee arrangement would be unwise and

hurtful the institution. Q. Htwe you given your

opinion

to

the

committe~

as

. to

the

sBpcroieeasnredtniotisu,Bso,ofaacnroddu?rtsheAe, y. aIatrgeoisogdoaofi~vnearfniynC:i;eetfnrf,ciicaeirnes~n. tI BTthoh~amrd~p;retsf~'i;edtiyethn.aftulllo,tafckotehne- .

lively Dr.

interest \Valker.

in A

everything change of

cTornunsetecetesdwwoiuthldthperombsatbitlyutdii~ns.arra~

the medical staff? A. I think it is very likely to do tha::.,, think it would commence first, however, with the SteWMU 1

FRIDAY, OCTOBER 14, 1887.

1279

de~ent.. We might get a good man the first time, an_d the second; but after awhile we would get a man who would g1ve us
trouble.

Colonel Crawford, being duly sworn, testified as follows:
Q. You testified, I bel!eve, before this c~mmittee when we were here before? A. Yes, sir.
Q. Are you the attornPy of Dr. Kenan? A. I am not. I. don't think I ever represented him. Have always been against him.
Q. Do you represent his wife:' A. I do, as against Dr. Kenan.
H. E. Hendricks, being duly Hworn, tPstified as follows:
By Representative Hunt. 'Vhere do you reside? A. In Milledgeville, Baldwin county, Georgia.
Q. What is your business'? A. Merchandising. Q. Have you ever done any trading with the asylum'? A. I have. Q. Have you been intimate with the asylum and its workings; with its physici:::ns and other officers'? A. I have been intimate with some of its officers; cannot say I have been intimate with the physicians. I go to the asylum frequently. Q. Have you known any of the officers here to be intoxicated or drinking'? A. Never, sir. Q. How long have yon been living hPre? A. Some twenty-odd years.

J. F. Wilson, being duly sworn, testified as follows:

Q. Where do you rcsi!lP '? A. In Milledgeville, Baldwin county.
Q. How long have yon lived here? A. I have been in this county ever since the war closed.
Q. Did you ever have any connection with this inBtitntion? A. Yes, sir; I was employed here for awhile. I was an attendant, and ~tayed here about eight years. I have been away from here about eight or nii'Ie years.

Q. Did you ever see any of the officers of the asylum drunk, or .any of the attendants drunk while they were on duty'? A. Yes, sir; I have seen some of the attendants drunk while I was employed here.
Q. Have you seen any of the officers or attendants drunk since you left here'? A. I can't say I have seen them drunk; hut I have se~n them when I thought they were under the influence of BO.methmg I thought was whisky, but I had no way of telling. Didn't see them drink anything.
Q. State to the committee what it was that indicated intoxica-
tion in these gentlemen? A. Only from their talk and general appearance.

onQe.. Who were these gentlemen? A. Dr. Whitaker was the

Q. What was his general appearance? A. He talked thick-

tollgU.ed. That is about the only thing I can say.

seeQm. eWd thoa

t was ther be flushed.

e

peculiar

about

his

looks?

A. His face

Q. Did ;y:ou eyer .see a gentleman's face flushed from causes :er than mtoxwatwn ? A. Yes, sir; I said he was under the
uence of something. I did not see him drink anything.

1280

JouRNAL oF THE HousE.

_Q. And the only reasons you have are that he talked thick and
his face was flushed? A. Yes, sir; that is all.

Q. Where was that? A. It has been three or four years ago

It was right out here in the hall.



Q. Was he too intoxicated to attend to business? A. I can't

say ; I only spoke to him about two or three words. .Q. Did he ~tagger? A. I don't think I saw him walk. I

turned from h1m and went to Dr. Hall. I only asked one or two

questions. The other man I saw was Mr. West. He was in a

buggy at the double branches, between the asylum and town.

Q. What indicated to you that he was drunk? A. Just the way he talked. l saw nothing out of the way at all.

Dr. \Vall.;.er. You did not see these gentlemen do anything

ri.:liculous-their deportment was all right? A. Yes, sir; all right, so far as I saw.

Q. Are you not aware that Mr. 'Vest had a fall and injured him-

self, and had been iu the habit of using atrophine .' A. I do not

know that he was under the influence of whisky.

H. Turner, being duly sworn, testified as follows:
Q. Where do you reside? A. In i\Iilledgeville, Baldwin county.
Q. How long have you lived there? A. A little over nine years.
Q. What is your business : A. \Varehouse and commission merchant.
Q. Do you know anything of the workings of this institution? A. Yes, sir; something. I frequently come here.
Q . .,-,.re you acquainted with the physicians and officers of this institution'? A. Yes, sir; I believe with all of them.
Q. Would you have noticed during your visits here if any of the officers were intoxicated'? A. I think I would.
Q. Did you ever see any of them under the influence of whisky? A. No, sir; I never did.
Dr. O'Daniel, recalled:
Q. \Vho is the apothecary of this asylum? A. Mr. West. Q. Do you know of any mistakes he has made in compounding medicines? A. No, sir. Q. Is he a good apothecary, faithful to his duties"? A. He is. Q. Do you know anything about a prescription he filled for Miss Mosely'? A. I wrote Miss Mosely a prescription. She asked me for on ounce of glycerine; she went to the apothecary and got an ounce bottle of chloral instead of the glycerine. I do not know that ilfr. 'Vest made the mistake-the bottles might,have been changed afterwards. In any event the chloral would have been as nice for the purpose as the glycerine. It was for an appll cation to chapped lips. I do not know that she got the bottle of chloral from Mr. West-it might have been changed afterw~~;rds. Miss Mosely came to me in the morning!.. and presented the little bottle and asked me if it was glycerine. 1 told her it was a solution of chloral, and she took it back and got the glycerine.
A. F. Wynn, being duly sworn, testified as follows:
Q. Where do you reside? A. In Midway, Baldwin county. Q. Are you acquainted with the workings of this institution? A. I think I am, to some extent.

. FRIDAY, OCTOBER 14, 1887.

1281

Q. Did you ever live here or have any connection with the insti-

tution? A. No, sir ; I never did

Q. Are you acquainted with the officers and physicians here?

A. Some of them I know when I see them.

.

Q. Did you ever see any of them drunk while on duty? A. I

saw two of them here in the institution I thought were drunk-

West and Dr. Whitaker. I never saw them drink anything, but

I smelt whisky. They were very much flushed up and looked

like they were intoxicated. They were not boisterous. They

staggered, but didn't make any fuss. This was three or four

years ago. Have seen very little of them for three or four years.

Q. You say you have never been an attendant here. A. No,

sir. Q. Did you ever make application for the place'? A. Yes, sir ;

through the solicitation of Capt. Wilcox, to assist him, but I was

not taken.

Q. You have testified that you saw Dr. Whitaker under the

influence of whisky ; did you ever have any difficulty with him?

A. Yes, sir; he tackeled me in Milledgeville about the election, I

don't know what he calls it.

Q. Has there been good feelings between you since'? A. I don't

know as to him but I have had no use for him sin.,e.

William Harper, being duly sworn, testified as follows:
Q. Where do you reside'? A. In Baldwin county. Q. Are you acquainted with the workings of this asylum'? A. Not very much; I scarcely ever come here. Q. Are you acquainted with the physicians and officers? A. Yes, sir; with them all. Q. Did you ever see any of them drunk while on duty? A. No, sir; I never did.

PART OF THE TESTIMONY 'rAKEN BEFORE THE ASYLUM COMMITTEE APPOINTED TO INVESTIGATE THE ASYLUM, BY W. L . .JACKSON, SEPTEMBER 16TH, ]il87.

DR. .T. M. WHITAKER, sworn:

I am the first assistant physician of the in"ltitution. I heard

Mr. Wynn's testimony, and as to his insinuations against me, I

iwnast~ltt"~t~o;.tiOsnt.ateHethaaptp

I know lied for

why his th_e place

anger is raised of assistapt phys

against this ician, I mean

as engmeer, and failed to get 1t and blamed me for it. I enquired of Captai? Wilco~, the chief engineer at that time, why it was, an~ he .satd that, 1f they elected Mr. Wynn, to consider his resig-

netton m\ that he knew Mr. Wynn and could not serve with him.

About th1s fuss that he said something about: I met him on the streeU~ one day, and had a ticket in my hand (it was while Mr. R.

M. Lamar was running for the Legislature) with Tom Wynn's

nheamaen~onlfit.oldI

asked .Tohn

him if he was Wynn's folks;

any kin to him. if so, he was kin

He says, to him.

is I

1282

JouRNAL OF THE HousE.

said, his name is Tom Wynn, and he is from and a negro. Before that he said that he could

Hancock not vote

cfoorun~t'

Lamar, that he was determined to vote against the asylum, andi

then remarked that I could not vote for him; that was all about

the row he spoke about. We then got to talking about his failure

to get the place, and he said he blamed Dr. Powell. I told him that

~r. Powell \Vas no.t to blame,. that it was Mr. Wilcox, and told

h1m what Mr. Wilcox had smd, and that Dr. Powell was not to

blame at all, and he has refused to speak to me since. I deny the

charge of being drunk, and am satisfied that he knew it was a lie

when he told it. Whisky has a very peculiar effect upon me any

body could tell when I had drank any; when I did drink I didnrt get half tight. Dr. Kenan invited me to drink with hi~ I took

a few drinks in his room. My wife and Dr. Powell both 'warned

me against him. There was one or two occasions that I went up

to Dr. Kenan's room and took a drink of beer, and that is all 1 havn't taken a drink of whisky since 1882; I am a tempera~ce

man; have organized several temperance societies.

Q.. Do you know anything about Mr. vVest drinking? A. I

have neYer seen him drinking, that I know of. Mr. West had a

fall from a gymnasium, from which he suffered greatly. I have

been called to see him several times, and have given him atrope

several times hyperdermically. Dr. Hall gave it to him first.

Q. Have you ever seen him u~1der the influence of whisky

while on duty"? A. No, sir.

Q. Doctor, do you remember the time that Mr. Wynn speaks of

seeing him or any one else under the influence of whisky? A.

~o, sir; r don't know the time he alludes to.

.

Q. Some two or three years ago, doctor. A. I have no recollec-

tion of it at all, sir.

Q. Doctor, did you ever suffer with any disease that made it

necessary for you to use a stimulant? A. Yes, sir; I bad rheu-

matism so bad that I had to take morphine occasionally.

Q. I will aHk you if morphine has a tendency to flush the face

and make the tongue quiver'? A. Yes, sir; it has.

DR. I. H. HALJ,, sworn:

Q. I will m;k you if you was ever drunk while on duty at this

institution"? A. No, sir.

Q. Have you ever seen Mr. West drunk while on duty? A. No,

sir I have never seen him drunk.
Q. Do you know whether he has been suffering with any indis-

position or not? A. trapeze and received

Yes, sir; an injury

Mtor.thWe essptinree,caenivdedsuaffefra~ldl gfrreo~mtly,a

and I prescribed for him. I gave him morphine to relieve h1m;

but as to whisky, I never saw him drunk.

Q. Has morphine a tendency to thicken the voice and flush the

face? A. Yes, sir; while one is under the influence of it.

Q. How long have you been connected with this institution?

A. Since April, 1881.

.



Q. Do you remember of seeing Dr. Whi!Rker under the. intl.u .

ence of whisky? A. I have seen Dr. Whitaker take a ?nnk, if

that is what you mean. I have seen Mr. West take a dnnk also,

hut I have never seen him drunk.

.

.

Q. Do you know whether Dr. Whitaker has suffered w1th any

acute attack? A. At one time Dr. Whitaker bad a severe attack

of - - rheumatism and he had to drink beer and porter as a

stimulant.

MR. P. A. 'VEsT, sworn:

FRIDAY, OCTOBER 14, 1887.

1283

Q. How long have you been connected with this institution ? A. About eight years.
Q. In what capacity? A. As apothecary. Q,. What are your duties? A. To fill all prescriptions, etc. Q,. How long have you been away from your post of duty at one time? A. I have never been away more than one day except when I was married about five years ago. 'fhat is the only time I have been away that length of time. Q.. Does your duties require your time as inuch on Sunday as on week days? A. Yes, sir. Q.. Mr. West, you have been charged with being drunk; I will ask you if you have ever been intoxicated while on duty at this institution? A. No, sir; I have not.
The witness went on to say that he had received a fall from a trapeze, and that he had been treated by Dr. Hall for it, and that he had been under the influence of atrope several times, and finally had been cured of it. Witness never saw Dr. Whitaker under the influence of whisky, and neither had he ever seen Dr. Hall in that condition.
Committtee adjourned subject to the call of the Chairman.

FRIDAY, OCTOBER 14, 1887.

1285

Mr. Johnson, chairman of the CommittP.e on Hygiene and Sanitation, submitted the following report :

Mr. Speaker :
The Committee on Hygiene and Sanitation, have had under consideration the following bill of the Senate, which I am instructed to report back to the House with the recommendation that it do pass, to-wit:
A bill to prevent the spreading of hydrophobia in this State, and for other purposes.
Respectfully submitted. JoHNSON, of Screven, Chairman.
Mr. Tate, chairman of the Committee on Special J udiciary, submitted the following report :

Mr. Speaker:
The Committee on Special Judiciary have had under (lODsideration the following S~nate bills which they instruct me to report back to the House with the recommendation that the same do pass, to-wit :
A bill to change the time of holding the fall term of the Superior court of Gwinnett, in the Western Judieial Circuit.
Also, the following bill which they report back with the recommendation that the same do not pass, to-wit:
A bill to amend 287 (a) and 288 of the Code, so far as the same relates to the county of Calhoun.
Respectfully submitted. F. C. TATE, Chairman.
The following resolution was read the third time; the report of the committee, which was tavorable to the passage Qf the resolution, by substitute, was agreed to; upon the passage of the resolution, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House the following was the result "'f the vote :

1286

JouRNAL OF THE HousE.

Those voting in the affirmative were Messrs.-

Adams of Elbert, Ashley, Atkinson, Bailey, Belt, Berner, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Ualvin, Chappell, Clay of Cobb, Clay of Walton, Comer, Crawford, Dodgen, Durrance, Fagan, Felton of Bartow, Felton of Macon, Foute, Gamble, Gardner, Gibson, Glenn, Green of Clay, Greene of Madison, Grindle, Hagan,

Hale, Ham, Hand,

McMichael, Newton, Nichols,

Harrison of Franklin, Norris,

Harper,

Olive,

Hawkins,

Page,

Henry,

Peeples,

Henderson,

Pickett,

Hill of Meriwether, Rawls,

Hill of Wilkes,

Rich,

Holland,

Rountree,

Holleman,

Russell of Chatham,

Howard,

Russell of Polk,

Hughes,

Shewmake,

Humphries of Brooks, Simmom,

Humphries of Clinch, Sims,

Hutchison,

Smith of Gwinnett,

Iler,

Stevens.

Johnson of Screven, Stewart of Rockdale,

Jones,

Strickland,

Kenan,

Tate,

Kennedy,

Terrell,

Key,

Vaughn,

Kimbrough,

Veazey,

.Little of Tal bot,

Vickers,

Lumsden,

Walker ot Floyd,

Madden.

Walker of Putnam,

Mathews,

Watts,

Mixon,

Weil,

Morgan,

Whaley,

McLane,

West,

McGhee,

Williams of Harris.

Those voting in the negative were Messrs.-

Arnheim, Candler, Coggins, Denney, Feltnn of Bibb, Griffith, Johnson of DeKalb,

Johnson of Echols, McGarrity, McKibben, Perkins. Preston, Ray, Schofield,

Stewart of Marion, Thomas, Wheeler, Whelchel, Wilcox, Wilson.

Those:not voting are Messrs.-----:-

Adams of Greene, Birchmore,

Harrell of Webster, Perry, Harrison of Quitman, Pittman,

FRIDAY, OcTOBER 14, 1887.

1287

Black, Blalock, Cameron, Coney, Cook, Darden, DuBose, Duggan, Evans, Featherston, Fortner, Fordham, Franklin of Fannin, Franklin of Thomas, Gordon, Gresham, Harrell of Decatur,

Harris of Catoos11, Harris of Columbia, Harvey, Hayes, Howell, Huff, Hunt, Lamar. Lanier, Mauney, Mills, Monroe, Moye, McCord, McLendon, McCleskey, Parker,

Reid, Reilley, Reynolds, Russell of Clarke, Smith of Crawtord, Smith of Glynn, Smith of Jefferson, Stewart of Mitehell, Stovall, Taylor, Vining, Watson, Way,; Williams ot Jackson. Williams ot Upson, Worsham, ~Ir. Speaker.

Yeas 97. Nays 20. Not voting 57.
Having received the requisite constitutional majority, the resolution passed, by substitute, to-wit:
A resolution for the relief of Samuel J. Hunt, of Harris countv.
House resolution No. 215 was taken up, and as the same provided for an appropriation, the House went into a Committee of the Whole Honse, Mr. McCord in the chair.
Mr. McCord, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker:
The Committre of the Whole House have had under consideration House resolution No. 215, which they instruct me to report back with the recommendation that the same do pass.

The following resolution was then read the third time;
the report of the committee was agreed to; upon the pass-
age of the resolution, it was necessary that the vote Ahould
be taken by yeas and nays, as the same provided for an appropriation.
Upon the c~ll of the roll the following is the result of
the vote:

1288

JouR,NAL oF THE HousE.

Those voting in the affirmative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Bailey, Belt, Berner, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Buchan, Candler, Chappell, Clay of Cobb, Clay <tf Walton, Crawford, Dodgen, Duggan, Durrance, Felton of Bartow, Felton of Bibb, Featherston, Foute, Gamble, Gardner, Glenn, Green of Clay, Greene of Madison, Grindle, Hagan,

Hale, Hand, Harrison of Franklin, Harper, Hawkins, Henry, Hill of Meriwether, Holland, Hughes, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Kenan, Kennedy, Key, Kimbrough, Lanier, Little of Talbot, Lumsden, Madden, Morgan, Moye, McCord, McLane, McGhee, McGarrity, McKibben,

McMichael, Newton, Nichols, Norris, Page, Peeples, Pittman, Ray, Rawls, Reilley, Rountree, Russell of Chatham, Russell of Clarke, Ru~sell of Polk, Shewmake, Sims, Stewart of Rockdale, Strickland, Tate, Terrell, Thomas, Vickers, Walker of Putnam, Watts, Weil, Whaley, Wheeler, Whelchel, Wilcox, Wilson.

Those voting in the negative were MesArs.-

Johnson of Screven, Pickett,

Rich, Schofield,

Stewart of Marion, West.

Those not voting were Messrs.-

Adams of Greene, A.tkinson, Birch more, Black, Blalock, Brewster, Calvin. Cameron,

H~<m,
Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harris of Catoosa, Harris of Columbia, Harvey, Hayes,

Perkins, Perry, Preston, Reid, Reynolds, Simmons, Smith of Crawford, Smith of Glynn,

. FRIDAY, OCTOBER 14, 1887.

1289

~
Comer, Coney, Cook, Darden, Denney, DuBose. Evans, Fagan, Felton of Macon, Fortner, l!'ordham, Franklin of Fa".nin, Franklin of Thomas, Gibson, Gordon, Gresham, Griffith,

Henderson, Hill of Wilkes, Holleman. Howard, Howell. Huff, Hunt, Jones, Lamar, Mathews, Mauney, Mills, Mixon, Monroe, McLendon, McCleskey, Olive, Parker,

Smith of Gwinnett, Smith of Je1ferson, Stevens, l:ltewart of Mitchell, Stovall, Taylor, Vaughn, Veazey, Vining, Walker of Floyd, Watson, Way, Williams of Harris, Williams of Jackson, Williams of Upson, Worsham, Mr. Speaker.

Yeas 92. Nays 6. Not voting 76.

Having received the requisite constitutional majority, the resolution passed, to-wit:

A resolution for the relief of the Mutual Reserve Fund Life Association.

The following bill was read the third time ; the report of the committee which was favorable to the passage of the bill by substitute was agreed to; upom motion of Mr. Berner the bill was tabled to-wit:

A bill to change the venue of Justice Courts in cities of this State, that has a population of 5,000 or more, etc.
Pending the consideration of House bill No. 249, the House adjourned until 2:30 p. m.

2:30 O'CLOCK P . .M. The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
Leave of absence was granted to the following members,

1290

JouRNAL OJ<' THE HousE.

to-wit: Messrs. Whaley, Belt, Williams of Harris, Mixoa1

Henry, Glenn.

.. . ~.

By unanimous consent, the following resolution was iJ:a., troduced, read the first time, and referred to the Coa-.. mittee on Finance, to-wit:

By Mr. WestA resolution authorizing the Governor to purchase a
sufficient number of copies of the manuscript work entitled The Georgia Justice to supply the J nstice of the Peace and Notaries Public ofthe State, etc.

By unanimous consent, the following House bill WM taken up and read the second time; upon agreeing to the report of the committee, which was adverse to the passage of the bill, no quorum voted, and the Speaker caused the roll to be called, and the vote taken by the yeas and nays.

Upon the call of the roll the following was the result of the vote:
Those who voted in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Atkinson, Bray, Brewster. Buchan, Chappell, Comer, Coney, Uook, Duggan, Fagan, Felton of Bartow, Felton of Macon, Featherston,

Green of Clay, Hand, Harrell of Decatnr, Harrell of Webster, Harper, Hill of Meriwether, Howard, Hutchison, Johnson of Screven, Kennedy, Little of Talbot, Madden, Mathews, Mixon, McLane, McGarrity,

Newton, Ray, Reilley, Reynolds, Rich, S1ms,. Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Terrell, Walker of Floyd, Walker of Putnam, Weil, Wheeler, Worsham.

Those voting in the negative were Messrs.-

Birchmore, Blalock, Brady, Brown of Henry,

Holland, Hughes, Huff, Iler,

Perry, Pickett, Pittman, Rawls,

FRIDAY, OCTOBER 14, 1887.

1291

Clay of Cobb, Coggins, Crawford, Dodgen, Felton of Bibb, Fortner, Foute, Glenn, Grindle, Hagan, Hale, Hayes, Henderson,

Johnson of Echols, Key, Kimbrough, Lanier, Morgan, Moye, McGhee, McMichael, Nichols, Norris, Olive, Page, Perkins,

Rountree, Schofield. Shewmake, Simmons, Strickland, Tate, Thomas, Vaughn, Veazey, Vickers, West Whelchel, Wilcox,

Those not voting were Messrs.-

Ashley, Bailey, Belt, Bernr, Black, Branch, Brown of Cherokee, Calvin. Cameron, Candler; Ulay of Walton, Darden, Denney, DuBose, Durrance, Evans, Fordham, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon,
Greene of Madison, Gresham,

Griffith, Ham, Harrison of Franklin, Harrison of Quitman, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Henry, Hill of Wilkes, Holleman, Howell, Humphries of Brooks, Humphries of Clinch, Hunt, Johnson of DeKalb, .Jones, Kenan, Lamar, Lumsden, Mauney, Mills, Monroe, McCord, McLendon,

McKibben, McCleskey, Parker, Peeples, Preston, Reid, Russell of Chatham, Russell of Clarke, Russell of Polk, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stevens, Stewart of Mitchell, Taylor, Vining, Watts, Watson, Way, Whaley. Williams of Harris, Williams of Jackson, Williams of Upsoi_I, Wilson, Mr. Speaker.

Yeas 48. Nays 51. Not voting 75.

So the report of the committee was disagreed to. and the hill passed to a third reading, to-wit:

A hill to provide for the care and protection of such

1292

JouRNAL oF THE HousE.

patients in the State Lunatic Asylum as may be adjudged incurable, etc".
The following Senate resolution was read the first t-ime I
and referred to the Committee on Public Library, to-wit :
By Mr. PeekA resolution directing the Governor to transmit to the
Librarian of the Georgia Methodist Historical Society certain documents.
The following Senate bills were read the second time, to-wit:
A bill to prevent the spreading of hydrophobia in this State, etc.
Also, a bill to incorporate the Georgia Title Insurance, Trust and Guaranty Company, etc.
The following message was received from his Excellency, the Governor, through W. H. Harrison, Clerk ofthe Executive Department:

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

ExECUTIVE DEPARTMENT,
Atlanta, Ga., October 14, 1887.

To the Hon8e of Representatives:

In response to the resolution of the House, I herewith

transmit the original quarterly reports made by the Com-

missioners of Agriculture to the Executive Department for

the period of two yeats to October 1, 18R7.

Respectfully submitted.

,J. B. GoRDON.

Upon motion of Mr. Schofield, the Message from the Governor was taken up and read.

Upon motion of Mr. Atkinson, 200 copies of the message

FRIDAY, OCTOBER 14, 1887.

1293

from .the Governor and accompanying documents were .ordered printed for the use of the House.
The following Senate bills were read the second time, to-wit:
A bill to incorporate the Atlanta Mortgage and Guarantee Company.
Also, a bill to change the time of holding the fall term of the Superior Court of the county of Gwinnett in the Wes~rn Judicial Circuit, etc.
The following message was received from his Excelleocy, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker :
The Governor has approved the following act of the General Assembly, to-wit:
An act to amend an act 'to create and organize a new Judicial Circuit of the Superior Courts of this State, approved September 8, 1885, by striking therefrom the proviso at the end of the 1st section thereof, and by adding to said Stone Mountain Circuit the county of Douglas, and for other purposes.
Upon motion of Mr. Harrell, of WebAter, the regular order of businesA was changed for the evening, and House bill No. 249 was taken up for further consideration.
The bill was read the third time ; upon the amendments proposed, and the passage of the bill, the previous question was called, which call was sustained.
Upon motion, the House adjourned until 7:30 o'clock p.m.

7:30 O'CLOCK, P. M. The House met pursuant to adjoumment and was called to order by the Speaker.
'The roll was called and a quorum found to be presem.

1294

JouRNAL oF THE HousE.

Leave of absence was granted to the following members: Johnson of Echols, Coggins and Kennedy.
Upon motion of Mr. Schofield, House bill No. 249 was tabled.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, signed by the SpeakPr of the House and President of the Senate, and delivered to his Excellency, the Governor, the following act, to-wit:
An act to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State, approved September 8, 1885, etc.
Respectfully submitted. Iv-Y W. DuGGAN, Chairman.
Mr. Fonte, chairman pro tem. of the Committee on Banks, submitted the following report :

ltfr. Speaker:

The Committee on Banks have had under consideration the following, bill which they instruct me to report to the House with the recommendation that it do pass, as amended, to-wit :

A bill to incorporate the Monroe Banking Loan and
Guaranty Company, and for other purposes.
Respectfully submitted.
A. M. FouTE, Chairman pro tern.

Upon motion of Mr. Chappell, the order of business was

changed, and the following House resolution and bills were

read the second time, to-wit:

.

A resolution authorizing the payment of the last semi-

annual interest on certain bonds of this State.

Also, a bill to amend an act to incorporate the West End

and East Point Street Railroad Company, etc.

FRIDAY, OcTOBER 141 1887.

1295

Also, a hill to appropriate five thousand dollars for the purpose of providing a Home or House of Refuge for such unchaste women and girls as may express a desire to forsake their sinful habits and return to the paths of virtue.
Upon motion, the bill was recommitted to the Committee on Finance. 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 90, nays 0, to-wit:
A bill to incorporate the Eatonton and Athens Railroad Company, etc.
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 89, nays O, to-wit:
. A bill to incorporate the New Life, Water Power and Granite Railway Company, etc.
The following Senate bill was read the third time ; the report of the committee was agreed to, and the bill passed as amended, by the requisite constitutional majority; yeas 91, l)ays 0, to-wit :
A bill to incorporate the Waycross Air-Line Railroad Company, etc.
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 88, nays 0, to-wit :
A hill to amend an act to incorporate the Savannah and Westel'D Railroad Company, etc., approved October 9, 1885.
The following House bill was taken up, and the Senate amendments thereto were concurred in, to-wit :
A bill to provide for the registration of all voters m Richmond county, in this State, and for other pu!"poses.

1296

JouRNAL oF THE HousE.

..The following Senate bill was read the third time; the report of the committee was agreed to, and the bill paaed
as amended, by ~he requisite constitutional majority, y~
90, nays 0, to-w1t :
A bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company, and for other purposee.
The following Senate bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to authorize, require and provide for the registration of the qualified voters of Brooks county, and for other purposes.
The following Senate bill was read the third time ; the report of the committee was agreed to, as amended; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 93, nays 0, to-wit :
A bill to incorporate the Coosawattee Steamboat Company, etc.
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 89, nays O, to-wit:
A bill to incorporate the Darien and Doboy Telegraph Company, etc.
The following Senate bill was read the third time; the report of the committee was agreed to; the propel' legal proofs were exhibite<i, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to create a Board of Trustees to sell and re-inveet the proceeds of certain lands in the town of Franklin, Heard county, Georgia, known as the vacant school lot, eto.
The following Senate bill was read the third time; the
report of the committee was agreed to, and the bill pae88li

FRIDAY, OCTOBER 14, 1887;

1297

by the requisite constitutional majority, yeas 88, nays .0, to-wit:
A bill to ratify and confirm to the Covington and Macon Railway Compaby the right and authority to make certain extensions of the main line, and to build eertain btauches of said railway, etc., obtained under the general law for the incorporation of railroads, approved Septemb':'r 27, 1881.
The following Senat<; bill was read the third time ; the report ofthe committee was agreed to, and the bill pass:d by the requisite constitutional majority, yeas 88, nays 0, to-wit :
A bill to incorporate the Columbus and Benna Vista Railroad Company, etc.
The following Senate hill. was read the third time ; the report of the committee was agreed to, and the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to authorize the City Council of Augusta to grade, pave, macadamize and otherwise improve the streets of the. city of Augusta, etc.
The following Senate bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite
constitutional majority, yeas 90, nays 0, to-wit
A bill to amend the charter of the town of Pelham, in the county of Mitchell, etc.
The following Senate bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 92, nays 0, to-wit:

A bill to authorize the City Council of Augusta to col-

lect by execution, to be enforced and to have the same lien

upon the premises in or upon which the water may be used

~

'

1298

JouRNAL uF- THE HousE.

as executions for city taxes, all sums due the City Council for water rPnts, etc.
The following Senate bill was read the third time; thereport of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit :
A bill to incorporate the Merchants and Planters Bank
of Carrollton, Georgia.
The following bill was taketJ up for the purpose of considering the Senate amendments thereto, to-wit:
A bill to amend, revise and consolidate the common school laws of the State of Georgia.
Upon motion of Mr. Denney, the House concurred in the amendment to section 33, and refused to concur in thebalance of amendments thereto.
The following Senate bill was read the third time; thereport of the committee was agreed to, and the bill passed by the requisite constitutional majority; yeas 90, nays 0, to-wit:
A bill to incorporate the Augusta and White Plains Railroad Company, etc.
The House then adjourned until 8 o'clock to-morrow morning.

ATLANTA, GEORGIA,
Saturday, October 15, 1887.
The House met pursuant to adjournment; was called toorder by the Speaker and opened with prayer by the Chaplain.
The roll was called, and the following members answere4 to their names:

SATURDAY, OC'rOBER 15, 1887.

1299

Those present were Messrs.-

Adam of Elbert, Ad~~oms ef Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Blalock, Brady, Branch,
Br~~oy,
Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Cameron, Oandler, Chappell, Clay of Cobb, Coggins, Comer, Coney, Cook, Crawford, Darden, Denney, :Podgen, Duggan, Durrance, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Jeatberston, Fortner. 'ordham, Foute, Gamble, Gibson, Gordon, Glenn, 4been of Clay, Greene of Madison,

Ham.

Page,

Hand,

Parker,

Harrell of Decatur, Peeples,

Harrell of Webster, Perkins,

Harrison of Franklin, Perry,

Harrison of Quitman, Pickett,

Harper,

Pittman,

Harris of Catoosa,

Preston,

Harvey,

Ray,

Hawkins,

Rawls,

Hayes,

Reid,

Henderson,

Reilley,

Hill of Meriwether, Reynolds,

Hill of Wilkes,

Rich,

Hojland,

Rountree,

Howard,

Russell of Chatham.

Howell,

Russell or Clarke,

Hughes,

Russell of Polk,

Huff,

Schofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hutchison,

Sims,

Iler,

Smith of Crawford,

Johnson of Screven, Smith of Glynn,

Jones,

Smith of Gwinnett,

Kenan,

Smith of Jefferson,

Kennedy,

Stevens,

Key,

Stewart of Rockdale,

Kimbrough,

Stovall,

Lamar,

Strickland,

Lanier,

Tate,

Little of Talbot,

Terrell,

Lumsden,

Thomas,

Madden,

Vaughn,

Mathews

Veazey,

Mauney,

Vickers,

Monroe,

Walker of Floyd.

Moye,

Walker of Putnam,

McCord,

Watts,

McLane,

Watson,

McGarrity,

Way,

McLendon,

West,

McKibben,

Whaley,!

McMichael,

Williams of Upson:

~~ew~on,

Wilcox,

Nichols,

Wilson,

1300

JouRNAL oF THE HousE.

Griffith, Grindle, Hale,

.Norris, Olive,

Those absent were Messrs.-

Black, Clay of Walton, DuBose, Evans, Franklin of Fannin, Franklin of Thomas, Gardner, Gresham, Hagan, Harris of Columbia,

Henry, Holleman, Hunt, Johnson of DeKalb, Johnson of Echols, Mills, Mixon, Morgan, :'\fcGhee, )fcUJeskey,

Worsham, Mr. SpeakE>r.
Stewart of Mitchell, Stewart of Marion, Taylor, Vining, Wei!, Wheeler, Whelchel, Williams of Harris, Williams of Jackson.

Mr. Hutchison, chairman of the Committee on Journals I
reported that the Journal had been examined and found
correct.
The Journal was then read and approved.

Mr. Felton, of Macon, chairman of the Committee on Agriculture, submitted the following report :

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they recommend do not pass, to-wit :
A bill to establish an Agricultural Experimental Station in this State, and for other purposes.
Respectfully submitted. W. H. FELTON, Chairman.
Leave of absence was granted to the following members, to-wit: Messrs. Whelchel, Comer, McGhee, Henry, Johnson of DeKalb, Reynolds, Russell of (.;hatham.
Pending the reading of the Journal, Mr. Gordon gave notice that he would move to reconsider so much of the action of the House on yesterday as relates to House bill No. 9()9.
Mr. Candler offered the following resolution, which waa read and adopted, to-wit :

SA.ruRDAY, OcTOBER 15, 1887.

1301

Resolved by the House of Rep1esentatives, the Senaee conll'Urring, That a joint committee of two from rhe Senate and thrE'e from the House be appointed to investigate and report to the two Houses as early as possible, if an election for Judge and Solicitor General of the Stone Mountain Circuit should be had by this General Assembly, and if so, for what term.
Upon motion, the resolution was ordered to be immediately transmitted to the Senate.
Upon motion of Mr. Gordon, the action ot the House had on yesterday on House bill No. 969, was reconsidered.
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 88, nays 9, to-wit :
A resolution authorizing the payment of the last semiannual interest on certain bonds of this State.
Upon motion, House resolution, No. 249, was taken from the table.
Upon the passage of the bill, the previOus question had been called, and the call sustained; the main question was ordered to be put.
Upon the passage of the bill, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnbeim, Ashley, Atkinson, Bailey, Belt. Berner, Birchmore, Blalock,

Gordon, Green of Clay, Griffith, Hale. Hand, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Hawkins, Henderson,

McMichael, Newton, Olive, Parker, Peeples, Perkins, Pickett, Preston, Hay, Rawls,

1302

JOURNAL OF THE HoUSE.

Brady, Branch, Brewster, Buchan. Candler, Coggins, <Jomer, Coney, Cook, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Macon. Featherston. Fortner, Fordham, Fonte, Gibson,

Hill of Meriwether, Hill of Wilkes, Holland, Howard, Hughes, Humphries of Brooks, Humphries of Clinch, Hut...hison, Iler, Johnson of Screven, Jones, Kenan, Kennedy, Kimbrough, Lanier, Little of Talbot, Madden, Mathews, l\fonroe, Moye, McLane, McGarrity, McKibben,

Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Schofield, Simmons, Smith of Gwinnett, Smith of Jeft'erson, Stevens, Stewart of Rockdale, Stewart of Marion, Stovall, Terrell, The mas, Vickers, Walker of J<'loyd, Walker of Putnam, Wha.ley, Wilcox, Wilson, Worsham.

Those voting in the negative were Messrs.-

Brown of Henry, Brown of Cherokee, Calvin, Felton of Bibb. Gamble, Grindle, Ham, Harrison of Quitman. Hayes,

Howell, Huff, Lumsden, Mauney, McCord, Nichols, Norris, Page, Perry,

Pittman, Russell of Polk, Sims, Smith of Glynn, Strickland, Tate, Veazey, Watts, Way.

Those. not voting were Messrs.-

Black, Bray, Cameron, Chappell, Clay of Cobb, Clay of Walton, DuBose, Evans, Franklin of Fannin, Franklin of Thomas, Gardner,

Harris of Catoosa, Ha~ris of Columbia, Harvey, Henry, Holleman, Hunt, Johnson of DeKalb, Johnson of Echols, Key, Lamar, Mills,

Russell of Clarke, Shewmake, Smith of Crawford, Stewart of Mitchel Taylor, Vaughn, Vining, Weil, West, Wheeler, Whelchel,

SATURDAY, OCTOBER 15, 1887.

1303

Glenn, Greene of Madison, Gresham. Hagan, Harper,

Mixon, Morgan, McGhee, McLendon, McCleskey,

Williams of Harris. Williams of Jackson, Williams of Upson. Watson, Mr. Speaker.

Yeas 99. Nays 27. Not voting 48.

Having received the requisite constitutional majority, the bill passed, as amended, to-wit:

A bill to repeal a Tesolntion for adjustment of claims between the State and the Marietta and North Georgia Railroad, approved October 1, 188.5.

By unanimous consent, the following Senate bill was taken up, and the same read the third time ; the report of the committee was agreed to ; upon the passage of the bill the vote was as follows :

Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Hailey, Belt. Berner, Birch more. Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee,
Brew~ter,
Buchan, Calvin, Cameron, Candler, Chappell, Coggins, Comer, Coney.

Hale,

Page,

Ham,

Parker,

Hand,

Peeples,

Harrell of Decatur, Perkins,

Harrell of Webster, Perry,

Harrison of Franklin, Pickett,

Harrison of Quitman, Pittman,

Harper,

Preston,

Harvey,

Ray,

Hawkins,

Rawls,

Hayes,

Reid,

Henderson,

Reilley,

Hill of Meriwether, Reynolds,

Holland,

Rich,

Howard,

Rountree,

Howell,

Russell of Chatham,

Hughes,

Russell of Clarke,

Huff,

Russell of Polk,

Humphries of Brooks, Schofield,

Humphries of Cline:-, Simmons,

Hutchison,

Sims,

Iler,

Smith of Omwford,

.Johnson of Screven, Smith of Glynn,

1304

JOURNAL OF THE HousE.

Cook, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Gamble, Gibson, Gordon. Glenn, Greene of Clay, Greene of Madison, Griffith, Grindle,

Jones, Kenan, Key, Kimbrough, Lamar, Lanier, Lumsden, Madden, 1Hathews, Mauney, Monroe, Morgan, Moyc, McCord,
~IcLane,
McGarrity, }lcLendon, McKibben, Mc}Iichael, Newton, Nichols, Norris, Olive,

Those not voting were Messrs.-

Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terreii, Thomas, Vaughn, Veazey, Walker of Floyd, "\Valker of Putnam, Watts, Way, West, Whaley, Wilcox, Wilson, 'Vorsham.

Atkinson, Black, Clay of Cobb, Clay of Walton, DuBose, Evans, Franklin of F:mnin, Franklin of Thomas, Gardner, Gresham, Hagan, Harris of Catoosa, aarris of Columbia,

Henry, Hill of Wilkes. Holleman, Hunt, Johnson of DeKalb, Johnson of Echols, Kennedy. Little of Talbot, Mills, .:\Iixon, ::'ticGhee, McCleskey,

Shewmake, Stewart of :Mitcl,eJI, Vickers, Vining, Watson. Weil, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Williams of Upson, Mr. Speaker.

Yeas 137. Nays 0. Not voting 37.

Having received the requisite constitutional majority, thebill passed, to-wit:
A bill to be entitled an act to amend paragraph 1 of section 2 of article 6, of the Constitution of this State, so as toincrease the number of Judges ot the Supreme Court of

SATURDAY, OCTOBER 15, 1887.

1305

this State from three to five, to consist of a Chief Justice and four Associate Justices.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and itis hereby enacted by authority of the same, That the Constitution of this State be amended by adding after the words '' Chief Justice" in the second line of the first paragraph of section 2 of article 6 thereof, the words " and four Associate Justices" in lieu of the words in said line, " and two Associate Justices " so that said paragraph, when amended shall read, " The Supreme Court shall consist of a Chief Justice and four Associate Justices. A majority of the Court shall constitute a quorum."
SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the .two Houses of the General Assembly, the Governor 'lhall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general election.
SEc. 3. Be it furtheJ' enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided for in the second section of this act in the several election districts of this State, at which election every person shall be entitled w vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, " For ratification of the amendment of paragraph 1 of section 2 of article 6 of the Constitution," and all persons opposed to the adoption of said amendment, shall have written or printed on their ballots the words: " Against ratification of the amendment of paragraph 1, section :2 of article 6 of the Constitution."
SEc. 4. Be it jurther enacted, That the Governor be and

1306

JoURNAL oF THE HousE.

he i6 hereby authorized and directed to provide for the
submission of the amendment proposed in the first section of
this act to a vote of the people, as required by the Constitution of this State in paragraph l, section 1, article 1.3,
and by this act, and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner 88 in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for the period of thirty days, announcing such result and declaring the amendment ratified.
SEc. 5. Be it .fttrther enacted, That if the amendment of the Constitution provided by this act .shall be agreed to by the General Assembly and ratified by the people, 88 provided by the Constitution and by this act, then it shall be the duty of the General Assembly of this State convening next after such ratification to proceed to elect, (after the proclamation of the Governor, as provided in section four of this act), two additional Associate Justices of the Supreme Court, who shall hold said office tor six yeara, from the 1st day of January 1889, and until their successors are elected and qualified.
SEc. 6. Be ,it further enacted, That all laws and parts of Ia ws in conflict with this act be, and the same are hereby repealed.
The proposed amendment having been agreed to by two thirds of all the members elected to the House, as appears by the vote taken by yeas and nays, the proposed amend-
. ment' and the )'ea and nav vote on the same, was ordered
to be entered on the Journal.
By unanimous consent, the following reconsidered bill was taken up; the bill was read the third time; by uoanimom; consent, the action of the House in agreeing to the
report ot the committee, was reconsidered. The repot't of the committee was then agreed to, as
amended; the proper legal proofs w~re exhibited, and the
bill passed, by substitute, as amenderl, by the requisite con stitutional majority, yeas 126, nays 0, to-wit:

SATURDAY, OCTOBER 15, 1887.

1307

A bill to vest in the Commissioners of Chatham county and ex-officio Judges the control ofthe tract of land in the city of Savannah, known as the old cemetery, situated on South Broad and Abercorn stteets, and to authorize the said Commissioners to use the same for the purpose of erecting thereon a court house, etc.
The following message was reeeived from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to appropriate the sum of two hundred dollars to pay Emmet Barnes for services in reporting evideuce; passed by the requisite constitutional majority; yeas 25, nays 5.
Also, a bill to amend an act entitled an act to constitute
the Judge ot the City Court in the county of Richmond,
ex-officio Commissioner of Roads and Revenues of Richmond county, and for other purposes; passed by t~e requisite constitutional majority; yeat> 27, nays 0.
Also, a hill to prevent the running at large in Lee county of all cattle, sheep, goats, etc., and for other purposes; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to incorporate the Columbus and Gulf Navigation Company, and for other purposes; passed by the rHquisite constitutional majority ; yeas 26, nays 0.
Also, a bill to provide for the payment of bond No. 349 of the State of Georgia, issued under the act of the Legislature, approved January 12, 1852, an~ of the coupon'> due thereon; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to abolish the County Court of Upson ; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to prohibit the manufacture of spirituous liquors from corn, wheat, rye or other grain in the county

1308

JouRNAL oF THE HousE.

of Fayette, and to provide penalties for the same; paMed by the requisite constitutional majority; yeas 25, nays 0. .
Also, a bill to prohibit the sale of spirituous, malt or
intoxicating liquors within three miles of Walnut Grove Academy, in Walton county; passed by the requisite constitutional majority ; yeas 29, nays 0.
Also, a bill to amend section 2040 of the Code of Georgia of 1882; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to fix the pay of jurors serving in cases of lunacy, and for other purposes; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend the charter of the city of Atlanta and for other purposes; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to prohibit the manufacture of distilled spirits of all kind::; except domestic wines made from grapes or berries within the limits of the county .o"f Clayton; passed by the requisite constitutional majOI'ity ; yeas 23, nays ~.
Also, a bill to relieve J. Y. Hill, surety on the penal bond of Berrian Davis ; passed by the requisite constitutional majority ; yeas 28, nays 0.
Also, a bill to prohibit the manufacture and sale ot distilled spirits or liquots within three miles of Gillsville Baptist Church in Banks county; passed by the requisite constitutional majority ; yeas 25, nays 1.
Also, a bill to amend an act to require and provide for the registration of all votets in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Wa::;hington, Walton, Morgan, Lowndes, Emanuel and Pulaski and to ptovide for carrying the same int~ effect, so fat a: the same relates to the county of Floyd, by striking therefrom the county of Floyd; passed by the requisite con-
stitutional majority; yeas 24, nays 0. Also, a bill to provide for the registration of voters of
the county of Burke, and for other purposes; passed by tbe requisite constitutional majority; yeas 25, nays 0.

SATURDAY, OcroBER 15, 1887.

1309

Also, a bill to relieve Thomas Davis, Sr., on the penal bond of Geo. W. Davis, etc.; passed by the requisite con-
stitutional majority; yeas 24, nays 0. Also, a bill to incorporate the Atlanta Savings Loan and Trust Company; passed by the requisite constitutional
majority; yeas 24, nays 0. Also, a bill to incorporate the Savannah, Vernonsburg
and Rosedew Railroad Company; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to prevent the hunting, killing and taking deer and wild turkeys in the county of White during certain seasons, and providing penalties for the violation thereof; pa~sed by the requisite constitutional majority; yeas 26,
nays 0. Also, a bill to incorporate the town of Sugar Valley, in
the county ot Gordon ; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to provide for the registration of the qualified voters of Worth county, and for other purposes; pa:,;sed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend the registmtion laws of Wilkinson county; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to amend an act to establish the City Court of Macon in and for the county of Bibb ; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to incorporate the Midland Telegraph Company; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to amend an act to establish a City Court in the county of Bartow, and for other purposes: approved October 19, 1885; passed by the requisite constitutional majority ; yeas 25, navs 0.
Also, a bill to ame~d an act to incorporate the town of
~sing Fawn, in the county of Dade; passed by the requiSite constitutional majority ; yeas 25, nays 0.
Also, a bill to amend sections 10 and 14 of an act to

1310

JouRNAL oF THE HousE.

establir-:h a City Court in the county of Floyd, approved
Septemher 27, 1883, and for other purposes ; passed by the
requisite constitutional majority; yeas 27, nays 0.

Also, a bill to protect game and birds in Troup oouuty.

to prohibit the killing, trapping or netting of the same, 0; buying, selling or offering for sale the same during certaia

months in the year; to provide penalties for violation

thereof, and for other purposes; passed by the requisite constitutional majority; yeas 27, nays 2.

The Senate has also passed the following bills of the

House by the requisite constitutional majority, with certain

amendments, to-wit:

A bill to amend section 2971 of the Code of 1882; passed

by the requisite constitutional majority; yeas 24, nays 0.

Also, a bill to incotporate the Augusta, Gibson and San-

dersville Railroad Company, and to confirm the charter

under which said company is now acting; passed by the

requisite constitutional majority; yeas 26, nays 0. Also, a bill for the relief of D. H. Hubbard, Tax Col~

lector of Polk county; passed by the requisite constitutiomal

majority; yeas 26, nays 0.

.

Also, a bill to provide for the registration of the quali-

fied voters of Macon county; passed by the requisite coo

stitutional majority ; yeas 26, nays 0. Also, a bill to amend an act commonly known as the Tax

Act of 1887 and 1888; passed by the requisite constita..

tional majority ; yeas 25, nays 0.

.

The Senate has also passed the following resolution of.

the House, by the requisite constitutional majority, yeas 26,

nays 0, to-wit :

A bill releasing M. C. Martin, surety on the penal bonds

of Henrietta Thomas and Warren Dennis. Upon motion, House bill No. 249 was ordered to be

immediately transmitted to the Senate. By unanimous consent, the following Senate bill Wall
read the third time; the report of the committee wan~
to, and the bill passed by the requisite constitutional m...

jority, yeas 106, nays O, to-wit:

SATURDAY, OCTOBER 15, 1887.

13Ll

A bill to change the time of holding the Fall Term of the Superior Court of the county of Gwinnett, in the Western Judicial Circuit, etc.
Mr. Calvin offered the following resolution, which was read, and, upon motion, was tabled, to-wit :

A resolution to extend the time of adjournment until the 25th instant, etc.
The following bill .vas read the third time; upon the adoption of the substitute and the passage of the biB, the previous question was called, which call was sustained, and the main question ordered; the report of the committee was agreed to, which was favorable to the passage of the bill, by substitute; upon the pa'lsage. of the bill, the yeas and nays were called for, which call was sustained, and the bill passed, by substitute, by the requisite constitutional majority; yeas 89, nays 10, to-wit:
A bill to provide a uniform mode of procedure in civil suits, except as herein provided.

Upon motion, the bill was ordered to be immediately transmitted to the Senate.

The following bill was read the third time; Mr. Jones moved to indefinitely postpone the bill, which motion was lost. The report of the committee was agreed to, which was favorable to the passage of the bill, by substitute; upon the passage of the bill, the yeas and nays were called for, which call was sustained. The previous question was called, which call was sustained, and the main question ordered.

Upon the call of the roll of the House, the following 1s the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Greene Arnheim, '
Ashley, Belt, Berner,

Glenn, Griffith, Hale, Hand, Harrell of Decatur,

Newton, Norris, Olivo, Parker, Peeples,

1312

JouRNAL OE' THE HousE.

Birchmore, Blalock, Brady, Branch, Bray, Brown of Cherokee, Brew:ster, Calvin, Cameron, Candler, Chappell, Clay of Cobb, Comer, Coney, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, "Felton of Bartow, "Felton of Bibb, Fortner, Fordham, .r:l'oute, Gamble, Gibson,

Harrell of Webster, Perkins,

Harper.

Pittman,

Harris of Catoosa,

Preston,

Hawkins,

Ray,

Henderson,

Reilley,

Hill of Meriwether, Reynolds,

Holland,

Rich,

Hughes,

Rountree,

Humphries of Brooks, Russell of Clarke

Hurr.phries of Clincn, Russell of Polk,

Hutchison,

Schofield,

Iler.

Simmons,

Johnsor. of Screven, Smith of Glynn,

Kenan,

Smith of ,Jefferson,

Kimbrough,

Stewart of Rockdale,

Lamar,

Stewart of Marion,

Lanier,

Stovall,

Little of Talbot.

Terrell,

Madden,

Vaughn,

Mathews,

Veazey,

Morgan,

Vickers,

Moye,

Walker of Putnam,

McCord,

Watts,

McLane,

Whaley,

:McGarrity,

Wilson,

McKibben,

Worsham.

McMichael.

Those voting in the negative were Messrs.-

Adams of Elbert, Brown of Henry, Buchan, Coggins, Fagan, Grindle, Harrison of Quitman, Hayes, Howard,

.Jones, Key, Lumsden, Mauney, Nichols, Page, Pickett, Sims,

Smith of Gwinnett, Strickland, Tate, Thomas, Walker of Floyd, Way, West, Wilcox

Those not voting were Messrs.-

Atkinson, Bailey, Black, Clay of Walton, Cook, DuBose, Evans,

Harrison of Franklin, Harris of Columbia, Harvey, Henry, Hill of Wilkes, Holleman, Howell,

Perry, Rawls, Reid, Russell of Chatham,
Shewmake, Smith of Crawford,
Stevens,

SATURDAY, Oc.TOBER 15, 1887.

1313

Felton of Macon, Featherston, Franklin of Fannin, Franklin of Thomas, Gardner, Gordon, Green of Clay, Greene of Madison, Gresham, Hagan, Ham,

Huff, Hunt, Johnson of DeKalb, Johnson of Echols, Kennedy, hfitls, Mixon, Monroe, McGhee, McLendon, McCleskey,

Stewart of Mitchell, Taylor, Vming, Watson, Weil, Wheeler, Whelchel, Williams of Harris, . Williams of Jackson, Williams of Upson, )fr. Speaker.

Yeas 95. Nays 25. Not voting 54.

Having received the requisite constitutional majority, the bill passed, by substitute, to-wit:
A bill to empower the grand juries of the several counties of this State to recommend the levy of a county tax for the support of common schools and to require the Tax Collector of the several counties to assess and collect said tax when so recommended.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
Mr. Preston offered the following resolution, which was read, and, upon motion, was tabled, to-wit:
Resolved, That during the remainder of this session no member shall be allowed to speak on any subject before the House longer than five minutes, etc.
I
The following bill was read the third time ; the report of the committee was agreed to, as amended ; the proper legal
proofs were exhibited and the bill passed, as amended, by the requisite constitution11l majority, yeas 90, nays 12, towit:
A bill to abolish the County Court of Henry county. Upon motion, the bill was ordered to be immediately transmitted to the Senate.
The House adjourned until 2:30 p. m.
83

1314

JouRNAL OF rHE HousE.

2:30 O'CLOCK, P. ll.
The House met pursuant to adjournment and was called to order by the Speaker.
Upon moti<m, the call of the roll was dispensed with.
Leave of absence was granted to the following members to-wit: Messrs. Felton of Macon, Hagan, Worsham: Thomas, Henry, Harrison of Franklin; Smith of Crawford. Pittman, Johnson of Echols.
The following bill was read the third time, and, upon motion, the bill was tabled, to-wit:
A hill to amend sections Nos. 1341 and 1344, of the Code of 1882.
Mr. Berner, chairman of the Committee on General ,Judiciary, submitted the following report:
Mr. Speaker :
The Committee on General Judiciary have had under consideration the following bills, which they instruct me to report back to the House with the recommendation that they do pass, to-wit :
Senate bill No. 174, to prescribe a remedy for lost records~ etc.
Also, Senate bill No. 748, to change the penalty for larceny after trust, etc.
Also, Senate hili No. 985, to amend paragraph 1, section 3, article 6, of the Constitution, etc.
Also, the following bills which they recommend do pass as amended, to-wit:
Senate bill No. 135, to prescribtl the duties of telegraph companies, etc.
Also, Senate bill No. 173, to protect oyster and clam
fisheries, etc. Also, the following bills which they recommend do not
pass, to-wit:
A bill, No. 160, to authorize holders of rent notes to distrain, etc.

SATURDAY, OCTOBER 15, 1887.

1315

Also, a bill. No. 161, to provide for the appointment of Inspect9r of Provisions, etc.
Also, a bill, No. 298, to make the purchase of futures unlawful, etc.
Also, a bill, No. 399, to make unlawful the collectio!!..!![ attorneys' fees.
Also, a bill, No. 3M6, to make illegal the collection of attorneys' fees, etc.
Also, a bill, No. 869, to provide for the election of County Court bailiff'~, etc.
Also, a bill, No. 717, to authorize the Judges of the Superior Courts to accept pleas of guilty in vacation.
Also, a bill, No. 1036, to declare when stipulations in insurance policies shall be good, etc.
Also, a bill, No. 1039, to amend section 1975 of the Code. Also, Senate hill, No. 20, to allow persons charged with crime to testify in their own behalf, etc. Respectfully submitted.
R. L. BERNER, Chairman.
Mr. Gordon, chairman cf the Committee on Finance, submitted the following report :
Mr. Speaker :
The Committee on Finance have had under consideration the following bills and resolution, which they instruct me to report back with the following recommendations, to-wit:
They recommend that bill No. 849 to define the term of office of the Commissioners of Roads and Revenues of Johnson county, and to legalize the transactions of irregul:trly elected Commissioners, be recommitted to the Committee on General Judiciary.
They also recommend that bill No. 1025 to be entitled an act to appropriate five thousand dollars for the purpose .of providing a Home or House of Refuge for such unchaste women and girls as may exptess a desire to forsake their sinful habits and return to the paths of virtue, etc., do not
pass.

1316

JouRNAL OF THE HousE.

They also recommend that resolution No. 226, to authorize the Governor to purchase a sufficient number of the Georgia Justice to supply the Justices of the Peace and N otarys Public in this State, do not pass.
Respectfully submitted. W ~I. W. GoRDON! Chairman.
Mr. Duggan, chairman of the Committee on Enrollment I
submitted the following report:

Mr. Speaker :
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the Speaker of the House and President of the Senate the following acts, to-wit:
An act to incorporate the Albany Street Railroad Company.
Also, au act to provide for the registration of the qualified voters of the county of Campbell, etc.
Also, an act to prevent the running at large of stock in the 882d district G. M., in Schley county, Georgia.
Also, an act to t.1ake an appropriation to pay Moses Tomlinson, of Clinch county, for an artificial arm, etc.
Also, an act to make an appropriation to pay Madison M. Catswell, of Clinch county, for an artificial arm, etc.
Also, an act to make an appropriation to pay M. D.
'Weeks, of the ~onnty of Mitchell, for an artificial arm, etc. Also, an act to make an appropriation to pay C. S.
McCall, of 'Wilcox county, for an artificial leg, etc. Respecttnlly submitted. IvY W. DuGGAN, Chairman. Mr. Duggan, chairman ot the Committee on E~rollment,
submitted the following report:

1l1r. Speaker .
The Committee on Enrollment reports as duly enrolled,. signed by the Speaker of the House and President of the Senate, and delivered to his Excellency, the Governor, the following acts, to-wit :

SATURDAY, OCTOBER 15, 1887.

1317

An act to amend an act entitled an ~t to incorporate the Rome and Northeast Railroad Company; etc., approved December 20, 1886.
Also, an act to amend an act entitled an act to ii?corporate the Brunswick Street Railroad Company.
Also, an act to settle and define the county lines in this State, where differences may exist between counties as to the boundaries thereof.
Also, an act to incorporate the Montezuma Steamboat Company.
Also, an act to amend section 3:322 of the Code of Georgia. Also, an act to incorporate the Title, Guarantee and Loan Association of Savannah. Also, an act to change the manner of electing Trustees of the Effingham Academy. Also, ari act to define what is posting lands when required by any general or local law. Also, an act to authorize and require the registration of all voters in the county of Meriwether. Also, an act to require the owners of horses, mules, etc., to prevent them from running at large upon the lands of another in certain districts in Ranis county. Also, an act to make it unlawful to prevent, m attempt to prevent, any person ot persons from engaging in, remaining in or performing the business, labor or duties of any lawful employment or occupation, etc. Also, an act to exempt seventy of the active members of the Richmond Huzzars Military Company of Augusta from jury duty.
Also, an act to change the time of holding Superior Court in Burke county.
Respectfully. ~mbmitted.
IvY W. DuGGAN, Chairman.

Mr: Walker, chairman of the Committee on Temperance, submitted the following report : Mr. Speaker :
The Committee on Temperance have had under considera-

1318

JouRNAL oF THE HousE.

tion the following resolution, which they request me to
report back to the House with the recommendation that it do pass, to-wit :

A resolution to consider the advisability and utility of
establishing an inebriate asylum, and for which Commissioners are required to report to the next General AssemBly, and for other purposes.
Respectfully submitted. N. S. WALKER, Chairman.

Mr. Reilly, chairman of the Committee on Military Affairs, bubmitted the following report:

Mr. Speaker:

The Committee on Military Affairs have had under consideration the following bill, which I am instructed to report back to the House with the recommendation that it do not pass, to-wit :

A bill to amend the several acts amendatory of the act providing for the better organization, government and discipline of the Volunteer Troops of this State; approved October 13, 1885.
Respectfully submitted. PE'fER REILLY, Chairman.

The Joint Committee on Finance of the Senate and House 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 State Treasurer and Comptroller-

General, as required by section 186 of the Code of 1882,.

and herewith submit the report of said sub-committee, which is adopted and presented as the report of this, the

Joint Standing Committee on Finance.

Respectfully submitted.

R. J. PowELJ,,

"r Chairman Senate Committee on Finance. WM. GoRDON,

Chairman House Committee on Finance.

SATURDAY, OCTOBER 15, 1887.

1319

The sub-Joint Committee on Finance submits the following report:

.tlr. Chairman:

The sub-committee of the Joint Com mittee on Finance

~ppointed ~y you in compliance with law to examine and

report upon the condition of the Treasury and the office of

the C omptroller-General, beg leave to submit the following:
We have examined carefully and thoroughly the books,

vouchers and accounts kept in the offices of R. U. Harde-

man, Treasurer, and W. A. Wright, Comptroller-General,

~nd we submit that the books are kept as required by law,

and that same are models of neatness and accuracy, evidenc-

ing that these departments of our Government are in charge

<>f practical business men, and worthy the confidence

bestowed upon them by the people.

We find, in comparing their annual report (made for

fiscal year 1886) with the records of file in each of their

<>ffices, that same are fully confirmed by said records and

are made and reported as required by the sundry laws per-

taining to the government of their offices. The books in

the office of the Treasurer, on October 1, 188.5, a;; appears

from the report of the Treasurer, made to his Excellency

the Governor, under date of October 1, 1886, showed bal-

ance in Treasury to be $484,190.73. From that date your

eommittee have item by item examined and checked the

records showing the receipts and disbursements at the Treas-

ury up to and including the 13th day of October, 18R7.

We find that all moneys received, have been properly

eertified to by the Treasurer, and that all moneys paid out

by him has been done with authority of law upon warrants

<luly drawn and audited, and that after charging himselt

with all moneys received and crediting himself with war-

rants duly signed and audited, the balance in the Treasury

at this date, is $349,594.93.

'

Y~ur committee verified this balance by counting the

(lQb m the vaults of the Treasury, examining the accounts

'1320

JouRNAL oF THE HousE.

of' the various depositories as to balance on hand with them belonging to the State, and examining into the different items presented by the Treasurer as ca1>h, and which art! held by. him awaiting proper warrant, and for which he will get credit when said warrants are executed. After such verifi<ration, your committee reports this balance, as follows:

Advances to the General Assembly .

. $ 79,280 62

Advances to the Civil Establishment .

5,014 50

Bonds and coupons . . . . . . . .

97,920 70

Cash in depositories and in New York

160,410 82

Cash items for engraving registered bonds and

express charges

3,514 83

Cash in vault .

3,453 46

Making as stated

. $349,594 93

We further report that we examined the account (as

shown by the Treasurer's Report) of the sale and delivery of the 4t per cent. bonds, and find the same correct anrl in

compliance with the contract made at the time of sale, aad in compliance with the request of the Treasurer, we have

canceled and sealed up, as in the case of other paid bonds, the $82:3,000 of bonds received from the purchasers in exchange jor the 4~ per cent. bonds issued under the act of

1884.

\V e further report that we have examined the "Bond Record," provided for in the act of 1881, and find that the Treasurer has had compiled, in a plain and busineAs-like

rnanner,in a book prepared under his instructions,every series of bonds issued by the State since 1844, showing the amount

of each issue, when issued, the authority for same and the payment of same, and coupons attached, so that now it. is an easy matter to show the exact status of the bonded In-

debtedness of the State. We further report that we find in the Treasury vault tb&

following bonds which were printed in compliance with. law, but which were never issued, viz: 260 $1,000 bo!)ds,

issued under the act ot 1868 and due in 1888, numbered from 1 to 268 inclusive, and 148 $1,000 bonds, issued under

SATURDAY, OCTOBER 15, 1887.

1321

tbe act of 1872 and due in 1892. These bonds are canceled and mention made of same in the report made to the Governor by the late Dr. J. F. Bozeman, and the present Treasurer recommends the same be destroyed, and we, your committee, fully agree with him and ask that this General Assembly so order.
We cannot close this report without adding our testimonial to the efficiency of the officers, and their assistants, who have charge of these two offices of our State government, and to say that in our opinion Georgia has never had a more efficient co1ps of officers in the management of her financial affairs. ' All of which we respectfully submit.
A. P. WoFFORD, Chairman, J. L. HAND, JOHN H. DILWORTH,
Senate Committee.
J.D. HARRELL,
0. B. STEVENS, R. A. DENNY,
House Committee.
Mr. Chappell, chairman on the part of the House of the Committee of Conference on the disagreement between the Senate and House, on House bill No. 217 to carry into effect the amendment to article 7, section 1, paragraph 1 of the Constitution of Vl77, by making imitable provisions for such Confederate soldiers as may have been permanently ,injured in such service, submitted the following report:
Mr. ~peaker:
The Committee of Conference have had under consideration the disagreement between the Senate and House on the following bill of the House, which was referred to it, to-wit:
House bill No. 217, to be entitled an act to carry into etl'ect the amendment to article 7, section 1, paragraph 1 of the Constitution of 1877 by making suitable provisions for

1322

JouRNAL oF THE HousE.

such Confederate soldiers as may have been -permaneutly injured in such service.
The Committee of Conference recommend, to-wit:
I. That the Senate recede from its amendment to theHouse amendment to the first amendment proposed by the Senate, and that the Senate concur in said House amendment.
2. That the House recede from its refusal to agree to all the other amendments of the Senate to said bill, and that the House concur in such other Senate amendmer..ts to the House bill.
Respectfully submitted. R. J. PowELL,
Chairman on part of the Senate. THOS. J. CHAPPELL,
Chairman on part of the House.
Upon motion of Mr. Chappell, the report of the Conference Committee, just reported, was adopted.
Upon motion, the House adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, October 17, 1887.

The House met pursuant to adjournment; was called to order by the Speaker, and opened with prayer by the Chaplaio.
The roll was called, and the following member!! answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene. Arnheim, Ashley, Atkinson,

Hand. Harrell of De()atur, Harrell of Webster, Harrison of Quitman,
Harper,

Parker, Peeples, Perkins, Perry, Piekett,

MoNDAY, OCToBER 17, 1887.

1323

Bailey,

Belt,

Berner,

Birchmore,

Black,

Blalock,

Bl'lldy,

Bl'llncb,

Bl'lly,

Brown of Henry,

Brown of Cherokee.

Brewster,

Buchan,

Calvin,

Candler,

Chappell,

lllay of Cobb,

Coggins,

Coney,

Crawford,

Darden,

Denny,

Dodgen,

DuBose,

Duggan,

Durrance,

Fagan,

Felton of Bartow,

Felton of Bibb,

Felton of Macon,

Featherston,

Fortner,

Fordham,

ll'oute,

.Franklin of Fannin,

fl'llnklin of Thomas,

Gamble,

Gibson,

Gordon,

Glenn,

Green of Olay,

Green of Madison

Griffith,

'

Grindle,

Hagan,

Bale,

Bam,

Harvey,

Pittman,

Hawkins,

Pre~ton,

Hayes,

Ray,

Henry,

Rawls,

Henderson.

Reid,

Hill of Meriwether, Rich,

Hill of Wilkes,

Rountree

Holland,

Russell of Chatham,

Holleman,

Russell of Clarke.

Howell,

Russell of Polk,

Hughes,

Schofield,

Hutt;

Shewmake,

Humphries of Brooks, Simmons,

Humphries of Clinch, Sims,

Hunt,

Smith of Crawford.

Hutchison,

Smith of Glynn,

Iler,

Smith of Gwinnett,

Johnson of DeKal b, Stevens,

Johnson of Echols, Smith of Jefferson,

Johnson of Screven, Stewart of Mitchell,

,Jones,

Stewart of Rockdale,

Kenan,

Stewart of Marion,

Kennedy,

Stovall,

Key,

Stricklar;d,

Kimbrough,

Tate,

Lamar,

Terrell,

Lanier,

Thomas,

Little of Talbot,

Vaughn,

Lumsden,

Veazey,

Madden,

Vickers,

Matthews,

Walker of Floyd,

Mauney,

Walker of Putnam,

Mixon,

Watts,

Monroe,

Watson,

Morgan,

Way,

Moye,

Weil,

McCord,

Whaley,

McGhee,

West.

McKibben,

Wheeler,

McCleskey,

Whelchel,

McMichafll,

Williams of Harris,

Newton, Nichols,

Williams of Upson, Wilcox.

Norris, Olive,

Wilson. Worsham,

Page,

Mr. Speaker.

1324

JouRNAL OJ<' THE HousE.

Those absent were Messrs.-

Cameron, Clay of Walton, Comer, Cook. Evans. Gardner, Gresham,

Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Howard, Mills, McLane, McGarrity,

McLendon, Reilley, Reynolds, Taylor, Vining, Williams of Jackson.

Mr. Lumsden, of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker :
The Committee on Counties and County Matters have had under consideration the following bill, which I am instructed to report back to the House with the recommendation that it do pass, as amended, to-wit:
A bill to provide payment of fees to jurors in certain cases, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report :

ltir. Sperr,ke1 :
The Committee on Finance have had under consideration the following resolution, which I am instructed to report back to the House, with the recommendation that it do pass, by substitute, to-wit:
A resolution providing for the appointment of the commissioners for the purpose of having a survey of the Western and Atlantic Railroad and providing for the sale of the surplus property of the same.
Respectfully submitted. WM. W. GoRDON, Chairman.

MONDAY, OCTOBER 17, 1887.

1325

The following message was received from his Excellency,
the Governor, through Mr. W. H. Harrison, Clerk of the
Executive Department:

Mr. Speaker:
The Governor has approved the following acts, to-wit :
An act to more clearly define the offense of arson in this State.
Also, an act to appropriate the proceeds of the hire of misdemeanor convicts in the counties com1>osing the Northern Judicial Circuit to the payment of the costs accruing to the officers of Court in .which the conviction was had, and for distribution on the insolvent costs.
Also, an act to authorize the Mayor and Council of the city of Dalton to operate and manage waterworks in said city.
Also, an act to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall and Banks.
Also, an act to incorporate the town of Tarver, in the county of Echols, and for other purposes.
Also, an act to amend an act entitled an act to amend an act to provide for the better organization, government and discipline of the volunteer troops of this State, and for other purposes.
Also, an act to amend the existing charter of the town of Adairsville, in Bartow county.
Also, an act to incorporate the Marietta Bank . . Also, an act to strike out, alter and amend so much of section 12 of the charter of the town of Harmony Grove as ptescribes the mode and manner of levying taxes, etc.
Also, an act to incorporate the Ore Belt Railroad Company.
Also, an act to authorize the Trustees ot the Elberton Female Collegiate Institute to sell the property of the said Institute, and to invest the proceeds of said sale, and for other purposes.
Also, an act to provide for establishing the line between Georgia and Tennessee,

1326

JouRNAL oF THE HousE.

Also, an act to authorize the commitment of juvenile offenders and others to the House of Refuge for the reformation ofjuvenile offenders in Fulton county, etc.
Also, an act to amend the charter of the town of Waycross, in the county of Ware, so as to provide for the registration of the voters of said town, etc.
Also, an act to require the full opinion of the Supreme Court to be transmitted to the lower Courts in certain cases.
Also, an act to authorize and require the registration of all voters in the qounty of Clay, in this State.
Also, an act to extend the corporate limits of the town of Sparta, in the county of Hancock;. to provide for its government, etc.
Also, an act to incorporate the town of Ocean City, on Tybee Island, in Chatham county.
The Governor has also approved the following resolutions, to-wit:
A resolution for the relief of the National Life and Maturity Association of Washington, D. C.
Also, a resolution for the relief of I. F. Farmer, Tax Collector of Jefferson county.
Leave of absence was granted to the following members, to-wit: Messrs. Howard, Reilly, McLendon and McKibben.
Upon motion of Mr. Jones, 200 copies of the report of the sub-committee (and accompanying documents) appointed to investigate the Lunatic Asylum, were ordered printed for the use of the House.
House bill No. 450 was taken up, and the same read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to amend section 1970 of the Code of Georgia in reference to right of vendee, how enforced, etc.
Upon motion, House bill No. 535, which was taken up for a third reading, was tabled.

MoNDAY, OCTOBER 17, 1887.

1327

House bill No. 559 was taken up for a third reading. Mr. Schofield moved to table the bill. Upon this motion; Mr. Russell, of Clarke, called for the yeas and nays, which call was sustained.

Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Arnheim, Belt, Brady, Branch, Bray, Brown of Cherokee, Buchan, Coggins, Denney, Fagan, Fordham, Franklin of Fannin, Griffith, Grindle, Hagan, Hale,

Jiarrell of Webster, Harrison of Quitman, Henderson, Jones, Kennedy, Key, Lanier, Monroe, Morgan, McCord, Newton, Nichols, Olive, Ray, Reid, Rich,

Russell of Polk, Schofield, Simmons, Sims, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Terrell, Thomas, Vickers, Wei!, Wheeler, Williams of Harris, Williams ot Upson, Wilcox.

Those voting in the negative were Messrs.-

Adamb of Elbert, Adams of Greene, Ashley, Bailey, Berner, Blalock, Candler, Clay of Cobb, Clay of Walton, Crawford, Darden, Dodgen, DuBose, Durrance, Felton of Bartow, Felttln of Bibb, Felton of Macon, Featherston, Fortner,

Ham,

Norris,

Hand,

Page,

Hawkins,

Peeples,

Hayes,

Perry,

.Henry,

Pickett,

Hill of Meriwether, Preston,

Hill of Wilkes,

Rawls,

Hughes,

Rountree,

Humphries of Brooks, Russell of Chatham,

Hunt,

Russell of Clarke,

ller,

Shewmake,

Johnson of DeKalb, Smith of Jefferson,

Johnson of Echols, Stevens,

Johnson of Screven, Stovall,

Kenan,

Strickland,

Kimbrough,

Tate,

Lamar,

Vaughn,

Little of Talbot,

Veazey,

Lumsden,

Watson,

1328

JOURNAL OF THE HousE.

Fonte, Gardner, Gibson, Glenn, Green of Clay, Greene of Madison,

Madden, Mathews, Mixon, Moye, McKibben, McMichael,

Way, Whaley, West, Whelchel, Wilson, Worsham,

Those not voting were Messrs.-

Atkinson, Birchmore, Black, Brown of Henry, Brewster, Calvin, Cameron, Chappell, Comer, Coney, Cook, Duggan, Evans, Franklin of Thomas, Gamble, Gordon, Gresham, Harrell of Decatur,

Harrison of Franklin, McLendon,

Harper,

McCleskey,

Harris of Catoosa,

Parker,

Harris of Columbia, Perkins.

Harvey,

Pittman,

Holland,

Reilley,

Holleman,

Reynolds,

Howard,

Smith of Crawtord,

Howell,

Smith of Glynn,

Huff,

Smith of Gwinnett,

Humphries of Clinch, Taylor,

Hutchison,

Vining,

Manney,

Walker ot Floyd,

}I ills,

Walker of Putnam,

}lcLane,

Watts,

McGhee,

Williams at Jackson,

McGarrity,

Mr. Speaker.

Yeas 47. Nays 75. Not voting 52.

So the motirm to table was lost.

The following bill was then read the third time; the report of the committee was agreed to; the previous question was called, which call was sustained, and the main question ordered.
The bill being a proposed amendment to the Constitution of Georgia, the vote was taken by yeas and nays.

Upon the call of the roll the following is the result of the vote:
Those voting in the affirmative were Messrs.-

Adams of Greene, Ashley, Bailey, Blalock, Brewster,

Glenn, Green of Clay, Ham, Hawkins, Hayes,

McCleskey, McMichael, Norris, Peeples, Perry,

MONDAY, OCTOBER 17, 1887.

1329

Cameron, Chappell, Clay of Cobb, Clay ef Walton, Coney, Crawford, Denney, DuBose, Duggan, Durrance, Felton of Bibb, Featherston' Fouta, Gamble, Gibson, Gordon,

Henry, Hill of Meriwether, Hill of Wilkes, Hughes, Huff, Humphries of Brooks, Humphries of Clinch, Hutchison, Johnson of Echols, Johnson of Screven, Kenan, Kimbrough, Lamar, Lumsden, Mathews, McCord,

Rawls, Russell of Clarke, Russell of Chatham, Smith of J eiferson, Stevens, Stovall, Tate, Vaughn, Watts, Watson, Way, Whaley, West, Whelchel, Williams of Harris, Wilson.

Those voting in the negative were MesArs.-

Arnheim, Atkinson, Belt, Berner, Birch more, Black, Brady, Branch, Brown of Cherokee, Buchan, llalvin. Candler, Coggins, Darden, Dodgen, Fagan, Felton of Bartow, Felton of Macon, Fortner, Fordham,
Franklin of Fannin, Greene of Madison, Griffith, Grindle,

Hagan, Hale, Hand, Harrell of Decatur, Harrell of Webster, Harrison of Quitman, Harper, Henderson, Holland, Iler, Johnson of DeKalb, ,Jones, Kennedy, Key, Lanier, Little of Talbot, Madden, Mixon, Monroe, Morgan, Moye,
McGh~e,
McKibben, Newton,

Those not voting were Messrs.-

Adams of Elbert

Bray,

'

84

Holleman,. Howard,

Nichols, Olive, Page, Pickett, Preston, Ray, Rich, Rountree, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Stewart of Rockdale, l:ltewart of Ma~ion, Terrell, Thomas, Veazey, Vickers, Wei I, Wheeler, Williams of Upson, Wilcox, Worsham ...
Reilley, Reynolds,

1330

JouRNAJ, OF THE HousE.

Brown of Henry, Comer, Cook, Evans, Franklin of Thomas, Gardner, Gresham, Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Harvey,

Howell. Hunt, Mauney, Mills, McLane, McG14rriiy, McLendon, Parker, Perkins, Pittman, Reid,

Smith of Crawfoid, Smith of Glynn, Smith of Gwinnatt, l;tewart of Mitchell, Strickland, Taylor, Vining, Walker of Floyd, W ~tlker of Putnam, Williams ot Jackson, Mr. Speaker.

Yeas 63. N ayl'i 72. Not voting 39.

Not receiving the requisite constitutional majority, tiM' bill was lost, to-wit:

A bill to amend paragraph 2 ~Section 2 article 7 of the Constitution ot Georgia, Code of 1882, section 5182, so as to provide for exemption from taxation of all lands and buildings held and owned by any chnrch organization for parsonage or home of the pastor.

By unanimous consent, the following bill was taken up and the same read the third time; the report of the coa-
mittee, which was favorable to the passage of the oill; h1
substitute, was agreed to; as the bill proposed to amend the Constitution of the State, the yeas and nays were taka
upon the passage of the bill.

Upon the call of the roll the following was the result of the vote:
Those who voted in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Belt. BernPr, Birch more, R!ack, Blalock, Brady, Bray,

Hale, Ham, Hand, Harrell of Decatur, Harrell of Webster, Harper,
H~trvey,
Hawkins, Hayes, Henry, Henderson, Hill of Meriwether,

McMich11el, Newton, Niehols, Norris, Olive, Page, Parker, Peeples, Perry, Bickett, Preston, Ray,

MoNDAY, OcToBER 17, 1887.

1331

Bro.Wil mCberoM:ee,
Brewster, Buchan, Calvin. Cameron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Darden, Denney, Dodgen, Duggan, Durrance, Felton of Bartow, Featherston, Portner, Fordham,. Foat.e, Franklin of Fannin, Gamble, Gibson, Gordon, Gtteen of Clay, Gritlith, Grindle, Hagan,

Hill of Wilkes,

Rawls,

Holland,

Reid,

Hughes,

H.ountree,

Huff,

Russell of Chatham,

Humphries of Brooks, Russell of Polk,

Humphries of Clinch, Schofield,

Hunt,

Shewmake,

Hutchison,

Simmons,

Iler,

S1ms,

Johnson of DeKalb, Stewart of Rockdale,

Johnson of Echols, Stewart of Marion,

Johnson of Screven, Stovall,

.Jones,

Strickland,

Kenan,

Tate,

Kennedy,

Terrell,

Key,

Thomas,

Kimbrough,

Vaughn,

Lamar,

Veazey,

Little of Talbot,

Vickers,

Lumsden,

Watts,

Mathews,

Watson,

Mauney,

Way,

Mixon,

Wei!,

Monroe,

Whaley,

Morgan,

Wheeler.

Moye,

Whelchel,

McCord.

Williams of Harris,

McGhee, McCleskey,

Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

B.iley, Crawford,

Fagan,

Wilson.

Those not voting were Messrs.-

Branch,
moo""' of Henry,
Comer,
Cook,
DuBose, Evans,
hlton of Bibb, Fekoo of Macon
Franklin of Tho~as,
Gardner, Glenn.
Gteene of Jbdiaon,

Harris of Columbia, Holleman, Howard, Howell, Lanier, Madden, Mi\18, McLane, McGarrity, McLendon, McKibben, Perkins,

Russell of Clarke, Smith of Crawford, Smith of Glynn; Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Taylor, Vining, Walker of Floyd, Walker of Pittnam, West

1332

JouRNAL OF THE HousE.

Gresham, Harrison of Franklin, Harrison of Quitman, Harris of Catoosa,

Pittman, Reilley, Reynolds, Rich,

Williams of Jacu011

Wilcox,

'

Mr. Speaker.

Yeas 123. Nays 4. Not voting 47.
the Having received the requisite constitutional majority,
bill passed, to-wit:

A bill to be entitled an act to alter and amend paragraph 7, section 7, article 3 of the Constitution of Georgia, 1887, providing that every bill, before it 8hall pass, shall be read three times, and on three separate days in each House, unless in cases of actual invasion or insurrection
I
by requiring the first reading to be of the title only. SECTION 1. Be it enacted by the General Assembly of the
State of Georgia, and it is hereby enacted by ihe authority of the sarne, That paragraph 7, section 7, article 3 oft.he Constitution of Georgia, 1877, be and the same is hereby' altered and amended by adding to said paragraph, which reads as follows: Every bill, before it shall pass, shall be read three times, and on three separate days in each House, unless in cases of actual invasion or insurrection, the fol. lowing words, to-wit:: "but the first reading in each House of such bill, shall be by the title only," so that said paragraph when so amended, shall be read as follows, to~wit.: "Every bill, before it shaH pass, shall be read three times, and on three separate days in each House, unless in cases of actual invasion or insurrection, but the first reading in each House of such bill, shall be by the title only."
SEc. 2. Be it fu.rther enacted by the a1tthority aforesaid, That if this amendment shall be agreed to by two-thirds of the members elected to each ofthe two Houses of this General Assembly, the same shall be entered on the Journals, with the yeas and nays taken thereon, and the Governor shall, and he is hereby authorized and instructed to caulle Raid amendment to be published in at least two newspapers in each Congressional District, for two months previous to the time of holding the next general election in this. State, and the same shall be submitted to the people at

MoNDAY, OcTOBER 17, 1887.

1333

such general election and the legal voters at such general elections, shall have written or printed on their tickets the words, "For ratification of the amendment to paragraph 7, section 7, article 3 of the Constitution. As they may choose to vote, and if a majority of the voters qualified to vote for the members of the General Assembly, voting thereon, shall vote ior ratification, as aforesaid, then said amendment shall be adopted, and the words herein added to said paragraph, shall become a part of paragraph 7,
section 7, article 3 of the Constitution of Georgia, and said paragranh shall stand as herein amended, and the Governor shall make proclamation thereof.
SEc. 3. Be it further enacted by the authority aJ01esaid, That all laws and parts of laws in conflict with this act, be and the same are hereby repealed.
The proposed amendment having been agreed to by two-thirds of all the members elected to the House, as appears by the table, taken by the yeas and nays for the proposed amendment, and the y~~a and nay vote on the same was ordered to be entered on the Journal.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

. Mr. Speaker :
The Senate has concurred in the House amendmPnts to the following Senate bill, to-wit:
A bill to incorporate the Coosawatte Steamboat Company, and for other purposes.
Also, a bill to authorize the City Counr;il of Augusta to grade, pave, macadamize and otherwise to improve the streets ol the city of Augusta, etc., and for other purposes.
Also, a bill to incorporate the Darien and Doboy Telegraph Company, and for other purposes. . Also, a bill to incorporate the Waycros,; Air-Line Railroad Company, and for other purposes. AlAo, a bill to incorporate thE: New Life \Vater Power and Granite Company.

1334

JouRNAL OJ<' THE HousE.

Also, a bill to incorporate the Eatonton and AtheDM Railroad Company, and for other purposes.
The Senate has also passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to provide for the appointment of a Board of Examiners for engineers operating stationary engines or boilers under steam pressure for Fulton county by the County Commissioners of said county; passed by the requisite constitutional majority ; yeas 26, nays 0.
Also, a bill to incorporate the Connasauga Canal and Manufacturing Company of Gordon county, etc., and for other purposes; passed by the requisite constitutional majority ; yeas 24, nays 0.
Also, a bill to prohibit the sale of spirituous, malt or inttJxicating liquors within three miles of Bethlehem Academy in Walton county, passed by the requisite constitutional majority; yeas 24, nays 2.
Also, a bill to prevent the running at large of all horses, mules, goats find sheep, etc., in Crawford county north af the old mill road running from Macon, through Knoxville to Columbus; passed by the requi:;;ite constitutional majority; yeas 26, nays 10.
Also, a bill to regulate the fees of the Solicitor of the County Court of"\Valton county, and the costsoftheJudge. in said comt in certain cases, passed by the requisite constitutional majmity, yeas 24, nays 0.
Also, a bill to require the County Board of Education of F pson eounty to use the Starr School of Thomaston for fumishing common school privileges to the colored youth of the commnnitv of Thomaston, by employing the teachers of said ;;ehool ~nder certain conditions as common school teacherf' for the eol01ed vouth of said community; passed
Ly the requisite constitnti~nal majority; yeas 25, nays 0.
Also, a bill to prescribe the time~; of holding the Superior Comts of tht Maeon Circuit, and for other purposes i passed by the requisite constitutional majority; yeas 24, nays 0.

MoNDAY, OcTOBER 17, 1887.

1335

Also, a bill to incorporate the town of Hillman, in the eounty of Taliaferro ; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend the second section of an act incorporating the town of Villa Rica, in Carroll county, etc., :and for othet purposes; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to amend the charter of the City and Suburban Railway of Savannah, Georgia; passed by the requisite -constitutional majority; yeas 24, nays 0.
Also, a bill to amend an act to establish a City Court in the county of Richmond, State of Georgia, etc. ; passed by 1he requisite constitutional majority; yeas 24, nays 0.
Also, a bill to amend an act to organit~e a Board ofCommissioners lor the county of Gordon, and for other purposes, approved February 26, 1874; passed by the requisite -constitutional majority; yeas 26, nays 0.
Also, a bill to eRtablish the County Court of Coweta; to provide for the dispoRition of the business pE'nding therein and the court papers, and for other purposes; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to define and restrict the corporate privileges .heretofore granted to the First Presbyterian Church of Augusta as to the creation of debt and limiting power; passed by the requisite constitutional majority; yeas 26, 11ays 0.
Also, a bill to repeal an act to change the line defining the corporate limits of the city of Newnan, in the county of Coweta, approved Febmary, 1876; passed by the requisite -constitutional majority; yeas 25, nays 0.
Also, a bill to prohibit the making or selling of intoxi-cating liquors within three miles of the Midway Methodist Dhurch, in Banks county; passed by the requ.isite constitutional majority; yeas 24, nays 2.
Also, a bill to prohibit the killing of wild turkeys and -deer at certain Reasons of the year in the county of Haberaham; passed by the requisite constitutional majority ; yeas 26, nays 0.

1336

JouRNAL oF THE HousE.

Also, a bill to authorize the Town Council of Millen to

levy a tax for school purposes ; to provide for a submission

of the question of tax or no tax to the qualified voters of

said town ; to prescribe the effect of said vote, and for other

?Y purposes; passed

the requisite con~;titutional majority;

yeas 25, nays 0.

Also, a bill to amend an act to establish a City Court in

the county of Bartow, and for oth~r _purposes, approved

October 10, 1885, so as to prohibit the bringing ot suits in

said City Court which fall within the jurisdiction of Jus-

tices Courts, and for other purpose;; ; passed by the requi-

site constitutional majority ; yeas 23, nays 0.

Also, a bill io rep.eal an act to prohibit the levy and col-

lection of any taxes ou any lands within the corporate

limits of the city of Newnan, which are kept exclusively for

agricultural purpose:;, othet than that levied and collected

for State and county, approved March 2, 1874; passed by

the requisite con:;titutional majority ; yeas 25, nays 0.

Also, a bill l.o authorize the Mayor and Council of the

town of Dublin to appropriate any monies, arising from

licenses to sell spirituous or malt liquors, to the support of

the school i!l said town; passed by the requisite constitu-

tional majority; yeas 24, nays 0.

Also, a bill:to prohibit the ;;;ale of spirituous, malt or in-

toxicating liquors within three miles of the Methodist

Protestant Church at Jersev, in Walton county; passed by

the req uisite~constitutional majority ; yeas 24, nays 0.

Also, a bill!to provide compensation for all managers and clerks of general and special election~ held in McDuffie

county ; passed by the requisite constitutional majority;

yeas 24, nays 0.

Also a'"bill to ratifv and confirm the Florida Midland

1 J!IC

.!

and Georgia Railroad Company'~ charter, etc., and for

other purposes;; passed by the requisite constit~tional ma-

. jority ; yeas 2R, nays 0. Also'a 'hill to prohibit the manufacture, ~ale, excpange,
barteringor furniRhing for a valuable consideration .of

spirituous, 'vinous, malt or other intoxicating liquors, btt-

MoNDAY, OcTOBER 17, 1887.

1337

ters or mixtures, in the county of DeKalb ; to prescribe a punishment for the violation of this act~ and for other pur-

poses; passed by the requisite constitutional majority ; yeas

26, nays 0.



Also, a bill to amend an act to establish a City Court in

the county of Bartow, and for other purposes, approved

October 10, 1885, so as to provide for the drawing of

eighteen jurors instead of sixteen, and for other purposes ;

passed by the requisite constitutional majority; yeas 23,

nays 0.

The Senate has also adopted the following resolution of .the Senate, and asks the concurrence of the House therein, to-wit:

A resolution authorizing and directing the State Treasurer to destroy certain bonds, and for other purposet>.
The Senate has also concurred in -the following resolution of the House, to-wit:

A resolution appointing a joint committee of two from the Senate and three from the Honse to investigate and report as early as possible if any election for J ndge and Solicitor General of the Stone Mountain Circuit, should be had by this General Assembly and if f'o, for what term; and has appointed as a committee on the part of the Senate, Messrs. Butt and Brantley.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:

A bill to incorporate the Lowry Banking Company of At.lanta, and for other purposes; passed by the requisite constituional majority; yeas 23, nays 0.
Also, a bill to incorporate the Greenville Banking Company; passed by the requisite com,titutional majority; yeas 23, nays 0. .
Also, a bill to incorporate the Central Trust and Banking Company of Georgia, etc., and for other purposes; passed
.by the requisite constitutional majority; yeas ~:3, nays 0.

1338

JouRNAL oF THE HousE.

The following message was received from the Be~ through Mr. W. A. Harris, the Secretary thereof: '

Mr. Speaker :
The Senate has passed the following bill of the Boase, with certain amendments, by the requisite constitutionai majority, yeas 29, nays 3, to-wit:
A bill to make additional appropriations for the years 1887 and 1888, to supply deficiences in the several appropriations for the expenses of the Government ; and I am instructed to immediately transmit the same to the House.
The Senate recede~ from its amendments to sections 20, 2:3, 44 and 49 to the following bill of the House, to-wit:
A bill to amend, revise and consolidate the common school laws of the State of Georgia; and I am instructed to irn mediately transmit the same to the House.
By unanimous eonsent, the following bill was read the third time; the report of the committee was agreed to; the previous question was called, which call was sustained, and the main question ordered; upon the passage of the bill the yeas were !39 and nays 64, so the bill was lost, to-wit:
A bill to make all leases of penitentiary convicts of the State hereafter made revocable at the pleasure of the General Assembly, etc.
The following reHolution (No. 220) was read the third time:
Upon motion, the House resolved itself into a Committee of the Whole House, ami that speeches be limited upon tbe rebolution in the Committee of the Whole to five minutes. Mr. Clay, of Cobb, in the chair.
Mr. Clay, of Cobb, chairman of the Committee Qf the Whole House, submitted the following report:

Mr. Speaker : The Committe~ of the Whole House have bad onder

MoNDAY, OCTOBER 17, 1887.

1339

consideration House resolution No. 123, which they instruct me to report batk, with the recommendation that the same do pass by substitute, as amended.
The bill was read the third time; the report of the committee was agreed to, which was favorable to the passage of the resolution, by substitute, as amended.
Upon the paHsage of the resolution, it was necessary that the vote should be taken by yeas and nays, as the same provided for an appropriation.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the aflhmative were Messrs.-

Adams of Elbert,

Adams of Greene,

Arnheim,

Ashley,

Atkinson,

Belt.

Berner,

Birchmore,

Blalock,

Branch,

Brown of Henry,

Brown of Cherokee,

Brewster,

Buchan.

Candler,

Chappell,

Clay of Cobb,

Clay of Walton,

Crawford,

Darden,

Denney,

Dodgen,

Durrance,

Felton of Bartow,

Felton of Macon, Featherston,

Fortner,

Fordham, Fonte,

Franklin of Fannin

Gamble,

'

Hand, Harrell of Webster, Harper, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Holland, Hughes, Huff, Humphries of Brooks. Humphries of Clinch, Hukhison, Iler, .Johnson of DeKalb, .Johnson of Screven, .Tones, Kenan, Kennedy, Key, Kimbrough, Lamar, Little of Talbot, Madden, Mathews, Mauney, M.ixon, Monrue, Morgan, Moye.

Olive, Page. Parker, Peeples, Perry, Pickett, Pittman, Preston, Ray, Rawls, Rountree, Hussell of Chatham, Bussell of Clarke, Russell of Polk, Schofield. Shewmake, Sim1nons.
~in1s,
Smith of Crawford, Smith of JeffArson, Stewart of Rockdale, Stewart of Marion, Terrell, Vaughn, Veazey, Vickers, Walker of Putnam, Watts, Way, Wei]. West,

1340

JOURNAL OF THE HousE.

Gibson, Gordon, Griffith, Grindle, Hagan, Hale.

McCord, McKibben, McCleskey, McMichael, Nichols, Norris,

Whaley, Wheeler, Whelchel, Williams of Upson. Wilson, Worsham.

Those voting in the negative were Messrs.-

Cameron, Glenn, Johnson of Echols,

Newton, Rich,

The mas, Wilcox .

Those not voting were Messrs.-

Bailey, Black, Brady, Bray, Calvin, Coggins, (Jenner, Coney, Cook, DuBose, Duggan, Evans, Fagan, Felton of Bibb, Franklin of Thomas, Gardner, Green of Clay, Greene of :Madison, Gresham,

Ham, Harrell of Decatur, Harrison of Franklin, Harrison of Quitman. Harris of Catoosa, Harris of Columbia, Harvey, Hill of Wilkes, Holleman,
Ho~>trd,
Howell, Hunt, Lanier, Lumsden, )fills, )fcLane, )feGhee, }[cGarrity, )'[cLendon,

Perkins, Reid, Reilley, Reynolds, Smith of Glynn, Smith of Gwinnett. Stevens, Stewart of Mitchel Stovall, StriCkland, Tate, Taylor, Vining, Walker of J<'loyd, Watson, Williams of Harris. Williams of ,Tackson, Ylr. Speaker.

Yeas 111. Nays 7. Not voting .56.

Having received the requisite constitutional majority, the 1esolution pa:;;serl, by substitute, as amended, to-wit:

A resolution providing for the appointment of Commissioners for the purpose of having a survey of the Western and Atlantic Railroad, and providing for the sale of tbe surplus property of the same.

House bill No. 6;)4 was taken up for a third reading, and upon motion, the bill was tabled.

House bill No. li42 was taken up for a third reading. Mr. Worsham moved to table the bill.

MoNDAY, OaroBER 17, 1887.

1341

Upon the motion to table, Mr. Huff called for the yeas and nays, which call was sustained.
Pending the consideration of the bill, the House adjourned until 2:.::JO o'clock, p. m.

2:30 O'CLOCK, P. M.

The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum found to be present.

Leave of absence was gmnted to the following members, to-wit: Messrs. Stewart of Marion, Ashley, Coggins, Lanier and Blalock.
House bill No. 642 was taken up for further consideration.
Upon the motion to table the bill, the yeas and nays had been called for and the call was sustained.
Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Birchmore, Brady, Brown of Cherokee. Brewster, Chappell, Coney. Darden, Durrance, Felton of Bartow, Fordham; Greene of Clay, Griffith, Grindle, Hagan, Hale,

Hand, Hill of Meriwether, Hill of Wilke~. Iler,
Johnson of DeKalb, Johnson of Echols, Jones, Kennedy. Key, Morgan, .Moye, McMichael, Newton, Nichols, Page, Parker,

Rich, Rountree, Russell of l'olk, Shewmake, Simmons, Smith of Crawford, Smith of Glynn, Stovall, Thomas, Vaughn, Veazey, Whaley, Williams of Harris, Williams of Upson, Wilcox, Worsham.

1342

JouRNAl, oF TH-E HouSH.

Those voting in the negative w~re Miessnt.~

Atkinson, Belt. Berner, Black, Branch, Bray, Brown of Henry, Buchan, Calvin, Cameron, Candler, Clay of Cobb, Crawford, Denney, Dodgen, Duggan, Fagan, Felton of Bibb, Felton of Macon, Fortner, Foute,

Franklin of Fannin, Gamble, Glenn, Ham, Harrell of Decatur, Harrison of Quitman, Harper, Harvey, Hayes, Henry, Henderson, Huff, Hunt, Hutchison, Kenan, Lamar, Little of Talbot. :'!ladden, Mixon, McGhee, McKibben,

McCle.lmy; N-orrie, Olive, Peeples, Perry, Preston, Ray,
Russell of Chatham, Russell of Clarke, Schofield, Smith of Jefferson, Stevens, Stewart of Rockdllle, Terrell, Vickers, Watts, Watson. Way, Wheeler, Wilwn,

Those not voting were Messrs.-

Adams of Elbert.

Hawkins,

Pickett,

Ashley,

Holland,

Pittman,

Bailey,

Holleman,

Rawls,

Blalock,

Howard,

Reid,

Clay of Walton,

Howell,

Reilley,

Coggins,

Hughes,

Reynolds,

Comer,

Humphries of Brooks, Sims,

Cook,

Humphries of Cline!: Smith of Gwinnett,

DuBose, Evans,

.Johnson of Screven, Stewart of Mitclle\1,

Kimbrough,

Stewart of Marion~

Featherston,

Lanier,

Strickland,

Franklin of Thomas, Lumsden,

Tate,

Gardner,

Mathews,

Taylor,

Gibson, Gordon. Greene of Madison. Hresham, Harrell of Webster, Harrison of Franklin, Harris of Catoosa, Harris of Columbia,

Mauney. Mills, Monroe, McCord, McLane, McGarrity, McLendon, Perkins,

Vining, Walker oi Floydi Walker of Putnalll> Weil, West, Whelchel, Williams of JacksOII; Mr. Speaker.

Yeas 49. Nays 62. Not voting 63.

So the motion to table was lost.

MoNDAY, OCTOBER 17, 1887.

1343

Upee the amtmdments proposed, and the passage of the bill, the previous question was called, which call was sustained, and the main question ordered; upon the question of adopting the substitute proposed, in lieu of the original bill, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the following lS the result ofthe vote :

Those voting in the affirmative were Messrs.-

Adams of Greene, Arnheim, Atkinson, Belt, Bemar, Black, Blalock, Branch, Bray, Brownof Cherokee, Buchan, Calvin, Cameron, Uandlar, Uhappell, Clay of Cobb, Clay of Walton, Coney, llia'IDl'd, Dodgen, Dugan, Felton of Bibb, Felton of Macon,
Fortner,
Fordham,
Franklin of Fannin, Gamble, Gibson, Gordon,

Glenn, Green of Clay, Grindle, Hagan, Hale, Ham, Harper. Harvey, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Hughes, Huff, Hunt, Hutchison, JohnR&n of DeKalb, Johnson of Echols, Johnllor. of Screven, Kenan,
Kenn~y.
Kimbrough, Lamar, Little of Talbot. Madden, Mixon,

McGhee, McKibben, Norris, Olivo, Page, Peeples, Perkins, Perry. Preston, Ray, Rawls, Russell of Chatham, Schofield, Sims, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, t'ltovall, Tate, Terrell, Vaughn; Vickers, Watson, Way, Wheeler, Whelohel, Williams of Upson, Wilson.

Those voting in the negative were Messrs.-

Adame of Elbert

Brad,,

'

Brown o( Henry,

Darden,

Jon6!! 1 Key, Lumsden; Moye,

Shewmake, Simmons, l:lmith of Crawfotd, l:ltevens,

1344

JouRNAL oF THE HousE.

Fagan, Felton of Bartow, J<'oute, Griffith, Hand, Harrell of Decatur, Harrison of Quitman,

:McCleskey, McMichael, Newton, Reilley, Rich, Rountree, Russell of Polk,

Stewatt of Marion,. Thomas, Veazey, Whaley, Wilcox, Worsham.

Those not voting were Messrs.-

Ashley, Bailey, Birchmore. Brewster, Coggins, Comer, Cook, Denney, DuBose, Durrance, Evans, Featherston, Franklin of Thomas, Gardner, Greene of Madison, Gresham, Harrell of Webster. Harrison of Franklin, Harris of Catoosa,

Harris ot Columbia, Parker,

Hawkins,

Pickett,

Holleman,

Pittman,

Howard,

Reid,

Howell,

Reynolds,

Humphries of Brooks, Russell of Clarke

Hurr.phries of Clincn, Smith of Glynn,

Iler,

Stewart of Mitchell,

Lanier,

Strickland,

Mathews,

Taylor,

Mauney,

Vming,

Jr1ills,

Walker of Floyd,

Monroe,

Walker of Putnam,

Morgan,

Watts,

McCord,

Wei!,

:McLane,

West,

McGarrity,

Williams of Harris,

McLendon,

Williams of Jackson,

Nichols.

Mr. Speaker.

Yeas 85. Nays 32. Not voting 57.
So the substitute was adopted in lieu of the original bill,
Upon motion, the bill was considered by sections. Mr. Harrell, of Decatur, moved to table the bill. Upon the motion to table, Mr. Huff called for the yeas and nays, which call was sustained.

Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adam;, of Elbert, Adams of Greene, Birch more, Brady, Brewster,

Harrell of Webster, Harrison of Quitman, Hill of Wilkes, Johnson of DeKalb, Johnson of Echols,

Ray, Rawls, Reiil,
Rei!!~:-.
Rich,

MoNDAY, OCToBER 17, 1887.

1345.

Chappell, Coney, Darden; Durrance, Felton of Bartow, Fordham, Foute, Gibson, Gordon, Green of Clay, Greene of Madison, Griffith, Grindle, Hale, Hand, Harrell of Decatur,

Jones, Kennedy, Key, Lamar, Lumsden, Mathews, Morgan, Moye, McKibben, McCleskey, McMichael, Newton, Nichols, Norris, Page, Peeples,

Rountree, Russell of Polk, Simmons, Sims, Smith of Crawford,. Stevens. Stewart of Rockdale, Thomas, Veazey, Walker of Putnam, Whaley, West, Whelchel, Williams of Harris, Williams ot Upson Worsham.

Those voting in the negative were Messrs.-

Atkinson, Bailey, Belt, Berner, Blalock, Branch, Bray, Buchan, Ualvin, Cameron, Candler, Clay of Walton, Crawford, Denney, Dodgen, Duggan, Feltt)n of Bibb, Felton of Macon, Fortner,

.Franklin of Fannin, Gambie, Glenn, Ham, Harper, Hayes, Henry, Henderson, Hill of Meriwether, Holland, Hughes, Huff, Humphries of Clinch, Hunt, Hutchison, Iler, Kenan, Kimbrough,

.Mixon, McGhee, Olive, Perkins, Perry, Preston, Russell of Chatham, Schofield, Smith of Jefferson, Tate, Terrell, Vickers, Watts, Watson, Way, Weil, Wheeler, Wilson.

Those not voting were Messrs.-

Arnheim, Ashley, Black, Brown of Henry, Brown of Cherokee, Clay of Cobb, Coggins,
85

Harris of Columbia, Ha!'vey, Hawkins, Holleman, Howard, Howell, Humphries of Brooks,

Pickett, Pittman, Reynolds, Russell of Clarke, Shewmake, Smith of Glynn, Smith of Gwinnett,

1346

JouRNAL OF THE HousE.

Comer,

Johnson of Screven,

Cook,

-Lanier,

DuBose,

Little of Talbot,

Evans,

Madden,

Fagan,

Mauney,

Featherston,

Mills,

Franklin of Thomas, Monroe,

Gardner,

McCord,

Gresham,

McLane,

Hagan,

McGarrity,

Harrison of Franklin, McLendon,

Harris of Catoosa,

Parker,

Stewart of Mitchell, Stewart of Marion, Stovall, Strickland, Taylor, Vaughn, Vining, Walker ot Floyd, Williams ot Jackson, Wilcox, Mr. Speaker.

Yeas 63. Nays 55. Not voting 56.

So the bill was tabled, to-wit:

A bill to establish a permanent penitentiary and supply farm.

By unanimous consent, the followingjoint resolution was taken up, and the same read and adopted, as amended, towit:

A resolution providing for a joint session of the General Assembly, for the purpose of receiving the President of the United States.

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

Mr. Speaker :
The Senate has passed the following resolution and asks the concurrence of the House therein, to-wit:
A resolution providing for a joint session of the General Assembly for the purpose of receiving the President of the United States.
Mr. Terrell, chairman of the Committee on Countiesand County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Mutters have had under consideration the following bill ot the Senate,

MoNDAY, OcTOBER 17, 1887.

1347

which I am instructed to report back to the Honse with the recommendation that it do pass, to-wit :
A bill fixing the compensation of the Commissione1s of Roads and Revenues of Wilkinson county, approved February 23, 1876.
Respectfully submitted.
J. M. TERRELL, Chairman.
Mr. Chappell, chairman of the Committee on Railroads, snbm'itted the following report:

Mr. Speaker :

The Committee on Railroads have had under consideration the following bill of the Senate, which I am directed to report back, with the recommendation that it do pass, to-wit:

Senate bill No. 172, to incorporate the Gainesville and

Columbia Railroad Company.

Respectfully submitted.

.

THOS. J. CHAPPELL, Chairman.

Mr. Simmon<;, chairman on part of the House, under a joint resolution providing for the appointment of a ,Joint Committee to inquire into the cause of the delay in the printing and distribution of the reports of the Supreme Court of this State, submitted the following report:

Mr. Speaker .:
Your committee find that the Reporter is now issuing three volumes of the reports per year and that three volumes per year is the capacity of the present printing facilities.
Therefore your committee find that the delay in issuing the reports is not due to any lack of diligence upon the part of the Reporter.
Your committee find that the decisions of the Supreme Court are furnished to foreign publishing houses by the Clerk of the Supreme Court and that the Reporter has no connection therewith.

1348

JouR:;"AL OF THE HousE.

Your committee recommend the passage of a bill intro-

duced in the Senate, known as Senate bill No. 197, which

is a bill to authorize the Reporter to t.uake contracts for

publishing the reports with more than one publishing house,

and your committee further recommend that said bill be

amended so as to allow the Reporter to employ a, clerk

to aid him until the present delay in issuing the reports is

overcome.

Resperttully submitted.

. w. G. BRANTLEY,

Chairman on part of the Senate,

E. G. SIMMONS,

Chairman on part of the House.

The following me8sage was received from the Senate through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker.
The Senate has. concurred in the amendment of the House to the following resolutions of the Senate, to-wit:
A resolution providing for a joint session of the General Assembly to receive the President of the United States.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:

Mr. Speake1' :
The Committee on Finance have had under consideration the Senate amendments to the deficiency appropriation bill and instruct me to report, as follows :
They recommend that the Senate amendment to pay Jackson T. Taylor the sum of two hundred dollars to compensate him for making indexes for the Journals ot the House and Senate, et~., be amended by striking out the words, "two hundred," and inserting instead the words, "one hundred and fifty."
They also recommend that the House do concur in the following amendments, to-wit:

MoNDAY, OcTOBER 17, 1887.

1349

. To pay seventy-five dollars to L. B. Clifton, stenographer of the sub-committee of the sub-joint committee of the Lunatic Asylum.
For the salary of the Sheriff of the Supreme Court two hundred dollars fo1 the last quarter of 1887 and eight hundred dollars for the year 188R; the sum of twelve hundred and fifty dollars for the purpose of repairing, refurnil'lhing, and for wcrk done on the Executive mansion.
To pay lawyers' fees, stenographer and messenger in the matter of investigating the convict lease before the Governor, the sum of one thousand dollars, or so much thereof as may be necessary.
They recommend that the House do not concur in the following amendment, to-wit :
To appropriate one thousand dollars to pay deficiency in the printing fund of 18~H. or so much as may be necessary.
Respectfully submitted.
w~L w. GORDONJ Chairman.

Upon motion of Mr. Gordon, the following bill was taken up for the purpose of considering the Senate amendments thereto, to-wit :

A bill to make additional appropriations for the years 1887 and 1888, to supply rleficiences in the several appropriations for the expense of the Government, etc.
The House agreed to concur in the first Senate amendment, as amended, to-wit :

To pay Jackson T. Taylor the sum of $200 to compensate him for making indexes for the Journals of the House and Senate, etc.; to be amended by striking out the words utwo hundred" and insert in lieu thereof the words "one hundred and fifty."

The following amendment the House refuses to concur

to-wit :

'

To appropriate one thousand dollars to pay deficiencv in the printing fund of 1887, or so much as may be nece~<>ary.

1350

JouRNAL OF THE HousE.

The House agreed to concur in balance of amendments proposed by the Senate.
House bill No. 660 and 695 were taken up for a third reading, and, upon motion, the bills were tabled.
Upon motion of Mr. Duggan, it was agreed that when the House adjourns this evening it adjourns to meet at 7:30 p.m.
The House then adjourned until 7:30 p. rn.

7:30 O'CLOCK P.M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
Leave of absenee was grante! to Messrs. Hill of Meriwether, Nichols, Felton of Bartow, Iler, Stovall, Shewmake, Harrell of Decatur.
Mr. Hunt moved to suspend the rules for the purpose of taking np House bill No.-, upon which motion, no quorum voted.
Upon motion of Mr. Preston, the roll was called to ascertain if a quorum was present.
The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Greene, Atkinson, Berner, Birch more, Black, Brady, Branch. Bray. Brown of Cherokee, Buchan, Calvin, Cameron,

Ham,

Peeples,

Harrell of Webster, Perkins,

Harper,

Perry,

Hawkins,

Pre;ton,

Hayes,

Ray,

Henry,

Rttwls,

Henderson.

Reilley,

Hill of Wilke>,

Rich,

Hughes,

Russell of Polk,

Huff:

Schofield,

Humphries of Brooks, Simmons,

Hunt.

Smith of Gwinnett,

MoNDAY, OcTOBER 17, 18R7.

1351

Chappell, ()lay of Cobb, Clay of Walton, Coggins, Cook. Crawford, Darden, Denny, Hodgen, Duggan, Fagan, Felton of Macon, Featherston, Fortner, Foote, Franklin of Fannin, Gordon, Green of Clay, Hale,

Johnson of Echols, ,Johnson of Screven, Jones, Kenan, Kimbrough, Lamar, Little of Talbot, Madden, Matthews, Mauney. Monroe, )forgan, McLane, .'l.'lcKibben, Mc,'I,Iicbael, Newton, Olive, Page, Parker,

s.mith oi Jefferson, Stevens, Stricklar: d, Terrell, Thomas, Walker of Floyd, Walker of Putnam, Watts, Watson, West, Whaley, Wheeler,; Whelchel, Williams of Harris. Williams of Upson, Wilcox. Wilson. Worsham, 'Mr. Speaker.

Those absent were Messrs.-

Adams of Elbert, Arnheim, Ashley, Bailey, Belt,Bialock, Brown of Henry, Brewster, Candler, Comer, Uoney, DuBose, Durrance, Evans. Felton of Bartow, Felton of Bibb, Fordham, Franklin of Thomas, Gamble, Gardner, Gibson, Glenn, Green of Madison, Gre.sham, Griffith, Grindle, Hagan,

Hand.

McCleskey.

Harrell of De10atur, Nichols,

Harrison of Franklin, Norris,

Harrison of Quitman, Pickett,

Harris of Catoosa,

Pittman,

Harris of Columbia, Reid,

Harvey,

Reynolds,

Hill of Meriwether, Rountree

Holland,

Russell of Chatham,

Holleman.

Russell of Clarke.

Howard,

Shewmake,

Howell,

Sims,

Humphries of Clinch, Smith of Crawford.

Hntchison,

Smith of Glynn,

Iler,

Stewart of Mitchell,

Johnson of DeKalb, Stewart of Rockdale,

Kennedy,

Stewart of Marion,

Key,

Stovall,

Lanier,

Tate,

Lumsden,

Taylor,

Mills,

Vanghn,

Mixon,

Veazey,

Moye,

Vickers,

McCord,

Vining,

McGhee,

Way,

McGarrity,

Wei!,

McLendon,

Williams of Jackson.

1352

JoURNAL OF THE HousE.

Leave of absence was granted tu the following members, to-wit: Messrs. Black, Grindle, Belt, Mixon and M~Leod.

Upon motion, the rules were suspended and local House bills were taken up for a third reading.
The following House bill was rf'ad the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to-wit:

A bill to incorporate the West End and East Point Street Railroad Company, etc.

The following bill was read the third time; the report of the committee was agreed to as amended.
The proper legal proofs were exhibited. Upon the pas,age of the bill no quorum voted, and the Speaker caused the roll to .be called, and the vote be taKen by yeas and nays.

Upon the call of the rr.ll thf' following is the result of the vote:

Those voting in the affirmative wel'e Messrs.-

Adams of Greene, Atkinson, Berner, Brady, Branch, Bray, Brown of Cherokee, Buchan, Dalvin. Cameron, Chappell, Clay of Cobb, Clay ef Walton, Coggins, Cook, Crawford, Denney, Dodgen, Duggan, Fagan, Felton of Macon,

Hale, Ham, Harper, Hayes, Henry, Henderson, Hill of Wilkes, Hughes, Huff, Hunt, Johnson of Echols, Johnson of Screven, .Jones, Kenan. Kimbrough, Lamar, Little of Tal bot, Madden, Mathews. Mnuney, Monroe,

Peeples, Perry, Preston, Rawls, Reilley, Rich, Russell of Polk, Simmons, Smith of Jefferson, Stevens, Strickland, Tate, Terrell, Thomas, Vickers, Walker of Floyd, Wulkor <f Putnam, Watts, Watson, West, Whaley,

MoNDAY, OcToBER 17, 1887.

1353

Featherston, Fortner, Foute, 'Franklin of Fannin, Gordon, Green of Clay, Greene of Madison,
Griffith,

Morgan, McLane, McKibben, McMichael, Newton, Olive, Page, Parker,

Wheeler, Whelchel, Williams of Harris, Williams of Upson, Wilcox, . Wilson, Worsham.

Triose voting in the negative were Messrs.-

Birchmore, Darden,

Harrell of Webster, Perkins,

Schofield.

Those not voting were Messrs.-

Adams of Elbert, Arnbeim, Ashley, Bailey, Belt, Black, Blalock, Brown of Henry, Brewster, Candler, Comer, Coney, DuBose, Durrance, Evans, Felton of Bartow, Felton of Bibb, Fordham, Franklin of Thomas, Gamble, Gardner, Gibson, Glenn, Gresham, Grindle, Hagan, Hand, Harrell of Decatur,

Harrison of Franklin, Harrison of Quitman, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hill of Meriwether, Holland, Holleman. Howard, Howell. Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of Df'Kalb, Kennedy. Key, Lanier, Lumsden, Mills, Mixon, Moye, McUord, McGhee, McGa,.riiy, McLendon, McCleskey,

Nichols, Norris, Pickett, Pittman, Ray, Reid, Reynolds, Rountree, Russell of Chatham, Russell of Clarke, Shewmake, Sims, Smith of Crawford, Smith <lf Glynn, Smith of Gwinnett, l:ltewart of Mitchell, Stewart of Rockdale, l:ltewart of Marion, Stovall, Taylor, Vaughn, Veot7.ey, Vining, Way, Weil, Williams of Jackson, Mr. Speaker.

Yeas 86. Nays 5. Not voting 83.

Not having received the requisite constitutional majority,
the bill was lost, to-wit :

1354

JouRNAL oF THE HousE.

A bill for the relief of Dinckey Brown of Upson county, etc.
The following bill was read the third time; the report of the committee was agree<~ to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit :
A bill to amend an act incorporating the town of Jug Tavern, so as to confer additional powers in the Mayor and Marshal of said town, etc.
The following bill was read the third time ; the report of the committee was agreed to.
Upon motion the bill was tabled, to-wit :
A bill to amend an act to incorporate the Okefeenokee and St. Mary's Canal and Drainage Company, approved October :W, 1870, etc.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays 0, to~wit :
A bill to repeal an act to incorporate the town of Tallulah Falls, in the county of Rabun, and to appoint Commissioners for the same, etc., approved October 1, 18R5.
The following bill was read the thitd time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to authorize Thomas Walton Vickery to peddle without license in certain counties in this State.
Th~ following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed, a" amended, by the requisite constitutional majority, yeas 88, nays 0, to-wit:
A bill to incorporate the Bank of Ellaville, Schley county, Georgia.

TUESDAY, OCTOBER 18, 1887.

1355

The following bill 'was read the third time; the report of the committee was agreed to ; the proper legal proof:;; were exhibited, and the bill passed by the requi>'ite constitutional majority, yeas 89, nays 0, tc-wit:
A bill to amend an act to provide tor the registration of the legal voters of Dodge county, Georgia.
The following bill was, upon motion, established and placed upon the calendar, to-wit:
A bill to amend paragraph 2, section 18, article 6 of the Constitution, etc.
The following resolution was read and referred to the . Committee on Rules, with the request that the committee report within the space of five minutes, to-wit:
Resolved, That any citizen of this State in the city and having no. place to spend the night, be allowed to spend it in this Hall, subject to the control and supervision ot the night guard.
Mr. Lamar offered the following resolution, which was read and adopted, to-wit:
Resolved, That the privileges of the floor heretofore granted be suspended for October 18, quring the joint session.
Upon motion, the House adjourned until to-morrow morning at ~ o'clock.

ATLA,TA, GEORGIA,
Tuesday, October 18, 1887.
The House met pursuant to adjournment; was called to order by the Speaker and opened with praye::- by the Chaplain.
The roll was called, and the following members answered to their names:

1356

JouRNAL oF THE Hou~:~E.

Those present were Messrs.-

Adams of Elbert, Adams ef Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birchmore, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, ()andler, Chappell, Clay of Cobb, Coggins, Coney, Crawford, Darden, Denney. Dodgen, DuBose, Duggan, Durrance, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner. Gibson,
Gordon, Glenn,

Ham

Parker,'

Hand,

Peeples,

Harrell of Decatur, Perkins,

Harrell of Webster, Perry,

Harrison of Quiiman, Pickett,

Harper,

Pittmau,

Harris of Catoosa,

Preston,

Harvey,

Ray,

Hawkins.

Rawls,

Hayes,

Reid,

Henry,

Rich.

Henderson,

Rountree,

Hill of Meriwether, Russell of Chatham,

Hill of Wilkes,

Russell or Clarke,

Holland,

Russell of Polk,

Howell,

Schofield,

Hughes,

Shewmake,

l!uft;

Simmons,

llumphries of Brooks, Silns,

Humphries of Clinch, Smith of Crawford,

Hunt,

Smith of Glynn,

Hutchison,

Smith of Gwinnett,

Iler,

Smith of J elferson,

Johnson of DeKalb, Stevens,

Johnson of Echols, Stewart of Mitchell,

.Johnson of Screven, Stewart ol Rockdale,

Jones,

Stewart of Marion,

K.enan,

Stovall,

Kennedy,

Strickland,

Key,

Tate,

Kimbrough,

Terrell.

Lamar,

Thomas,

Lanier,

Vaughn,

Little of Talbot,

Veazey,

Lumsden,

Vickers,

Madden, Mathews

Walker of Floyd. Walker ot Putnam,

Mauney,

Watts,

Mixon,

Watson,

Monroe,

Way,

Morgan,

Wei!,

Moye,

West,

McCord,

Whaley.

McGhee,

Wheeler,

McKibben, McUieskey,

Whelchel, Williams of H11rris,

TuEsDAY, OcTOBER 18, 1887.

1357

Green of Clay, Greene of Madison, Griffith, Grindle, Hagan, Hale,

McMichael, ~~ ewton. Nichols, Norris, Olive, Page.

Williams of Jackson, Williams of Upson Wilcox, Wilson, Worsham, Mr. Speahr.

Those absent were Messrs.~

Cameron, Clay of Walton. Comer, Cook, Evans, Gresham,

Harrison of Franklin, Harris of Columbia. Holleman, Howard, :Hills, )fcLane,

McGarrity, McLendon, Reilley, Reynolds, Taylor, Vining.

Mr. Lumsden, of the Committee on Journals, repotted that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave ot absence was granted to the following members, to-wit : Messrs. Worsham and Russell of Chatham.

Mr. Stewart, of Rockdale, offered the following resolution, which was read and referred to the Committee on Finance, to-wit :

Resolved, That each member of the Joint Special Committee of the House and Senate, and also of the Special Committee of the House, appointed to visit the Lunatic Asylum, be allowed the sum often dollars each for said extra service.

By unanimous consent, the following Senate bill was read the third time; the previous question was called, which call was sustained and the main question ordered; the report ot the committee was agreed to ; upon the passage of the bill the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote, to-wit:

Those voting in the affirmative were Messrs.-

Adams of Greene

Berner,

'

Hawkins, Hayes,

Norris, Olive,

1358

JouRNAL oF THE HousE.

Brady, Brown of Cherokee,
Brew~ter,
Buchan, Clay of Cobb, Clay of Walton, Coney. Darden, Dodgen, Duggan, Durrance, Evans, Felton of Bartow, Felton of :\lacon, Fortner, Foute, Gamble, Gibson, Glenn, Griffith, Hand, Harrison of Franklin, Harrison of Quitman, Harper,

Henry, Henderson,, Hill of 1\leriwether,
Hu~hes,
Humphries of Cline:-. Hunt, Hutchison, Johnson of DeKalb, John8on of Echols, ,Johnson of Screven, Key, Kimbrough, LaniPr, Little of Talbot. Mathews, Mixon, .!Horgan, J\Ioye, McLane,
~leGhee,
McGarrity, McKibben, McCleskey, l\lclHichael,

Page, Parker, Peeples, Perkins, Pickett, Preston, Rountree, RuMell of Polk, Shewmake, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Terreil, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Wtttts, Watson. Williams of Harris, Worsham.

Those voting in the negative were Messrs.-

Adams of Elbert, Atkinson, Belt. Black, Braneh, Calvin, Chappell,
c~,ggins,
Crawford, Fag-an, Felton of Bibb, Franklin of Fannin, Gardner. Gordon. Greene of Madison, Grindle, Hngnn, Hale,

H>trrell of Webster, Rawls,

Hill of wilkes,

Reilley,

Holland,

Reynolds,

Huff,

Rich,

Humphries of Brooks, Hussell of Chatham,

Ihr,

Schofield,

Jones,

Sin1s,

Kenan,

Smith of Glynn,

Kennedy.

Smith of Gwinnett,

Lamar,

Strickland,

Lumsden,

Tate,

1\larlden,

Thomas,

Mills,

'\Veil,

Monroe,

West,

Newton,

Whaley,

Nichols,

Whelchel,

Perry,

Wilcox,-

Ray,

Wilson.

Those not voting were Messrs.-

Arnheim, Ashley,

Franklin of Thomas, Pittman,

Greene of Clay,

Reid,

TuESDAY, OcToBER 18, 1887.

1359

Bailey, Birchmore, Blalock, Bray, Brown of Henry, Cameron, Candler, Comer,
cd(lk,
Denney, DuBose, Featherston, Fordham,'

Gresham, Ham, Harrell of Decatur, Harris of Catoosa, Harris of Columbia, Harvey, Holleman, Howard, Howell, Mauney, McCord, McLendon,

Russell of Clarke, Simmons, Smith of Crawford, Stevens, Stewart of .Mitcl1ell, Taylor, Vining, Way, Wheeler, Williams of Jackson, Williams of Upson, Mr. Speaker.

Yeas 77. Nays 54. Not voting 43.

Not having received the requisite constitutional majority the bill was lost, to-wit :
A bill to authorize the city or town which contains the court house in each coutoty that bas or may hereafter prohihit the sale of intoxicating liquors under the provisions of the act of the General Assembly of Georgia, approved September, 1885, and known as the general local option liquor law or any other local prohibiting liquor act when so recommended by a majority of two successive grand juries to keep on hand and supply residents of such county spirituous, vinous or malt liquors for medicinal purposes, and for sacramental purposes, to regulate the manner in which snch liquors shall be obtained, kept anil sold, etc.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Spertker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend an act to incorporate the Atlanta Loan and Banking_ Company, and for other purposes, approved October 13, 1885; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to prohibit the manufacture of spirituous

1360

JouRNAL oF THE HousE.

liquors in the county of Campbell; passed by tha requisite

constitutional majority; yeas 23, nays 0.

Also, a bill to exempt fifty members of the Clarke Light

Infantry !rom jury duty; passed by the requisite constitu-

tional majority; yeas 24, nays 0.

Also, a bill to exempt one hundred and twentv-five members of the Atlanta Rifles from jury duty; pa~sed by the

requisite constitutional majority; yeas 23, nays 0.

Also, a bill to incorporate the Merchants and Mechanics'

Banking and Loan Company of Atlanta, Georgia; passed

by the requisite con:,titutional majority ; yeas 27' nays 0.

Also, a bill to alter and amend an act to incorporate the

Planters' Loan and Savings Bank; approved October 27,

1870; passed by the requisite constitutional majority; yeas

27, nays 0.

.

Also, a bill to amend an act to change the charter of the

town of Conyers, Georgia; passed by the requisite consti-

tutional majority ; yeas 27, nays 0.

Also, a bill to incorporate the LaGrange Street Railroad

Company; passed by the requisite constitutional majority;

yeas 23, nays 0.

Also, a bill for the protection of birds and other game in

Newton county; passed by the requisite constitutional

majority; yeas 27, nays 0.

Also, a bill to incorporate the Mutual Loan and Banking

Company; passed by the requisite constitutional majority;,

yeas 28, nays 0. Also, a bill to incorporate the North Georgia and St. '

Andrews Bay Railroad ; passed by the requisite constitu-

tional majority; yeas 27, nays 0.

Also, a bill to require and provide for the registration of

the legal voters of Thomas county, and for other purposes i

passed by the requisite constitutional majority ; yeas i4,

nays 0. Also, a bill to establish a system of public schools for the

town of Waycross, and for other purpoRes ; passed by the

requisite constitutional majority; yeas 24, nays 0.

Also, a bill to incorporate the Metropolitan Railway of

TUESDAY, OCTOBER 18, 1887.

1361

Macon; passed by the requisite constitutional majority; yeas ~3, nays 0.
Also, a bill to incorporate the Carrollton, Marietta and Western Railway Company; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to incorporate the Albany, Cuthbert and Western Railroad Company; passed by the requisite consti-
tutional majority ; yeas 23, nays 0. Also, a bill to authorize the Mayor and Council of tl-je
city of Athens to open, lay out, widen, straighten or otherwise change streets, alleys and lanes in said city, and for other purposes; passed by the requisite constitutional majority;
yeas 23, nays 0. Also, a bill to incorporate the Piedmont Savings Bank
of Atlanta, Georgia; passed by the requisite constitutional majo;ity; yeas 23, nays 0.
Also, a bill to amend an act to establish a City Court in the city of Carrollton, in the county of Carroll; passed by the requisite constitutional majority; yeas 23, nays 0.
Also, a bill to incorporate the Traders' Bank of Atlanta, Georgia; passed by the req nisite constitutional majority; yeas 24, nays 1.
Also, a bill to require the County Commissioners of Fulton county to surrender the amount of the funds now in the hands ot County Treasurer arising from the sale of fences which were the dividing lines between Fulton and DeKalb counties, and for other purposes ; passed by the requisite constitutional majority ; yeas 23, nays 0.
Also, a bill to amend the registration act for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethotpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski counties, approved October 3, 1885, ~o far as the same applies to the county of Oglethorpe ; passed by the requisite constitutional majority ; yeas 23, nays 1.
Also, a bill to; incorporate .the Tallapoosa Male and 86

1362

JouRNAL oF THE HousE.

Female College ; passed by the requisite constitutional majority ; yeas 23, nays 0.
Also, a bill to make it unlawful to transport seed cotton in or from the county of Harris or from one place to another in said county between the hours of sunset and ~un rise, etc., and for othe1 purposes ; passed by the requisite constitutional majority ; yeas 23, nays 0.
Also, a bill to amend the registration law for Lowndes county; passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to prohibit the sale of spirituous, or intoxicating liquors within two miles of Salem Baptist Church, near McDaniel Station, in Gordon county; passed by the requisite constitutional majority ; yeas 27, nays 0.
Also, a bill to incorporate the town of Concord, in the county of Pike; passed by the requisite constitutional majority ; yeas :23, nays 0.
Also, a bill to incorporate the Manufacturers' Insurance Mutual Aid Society ; passed by the 1equisite constitutional majority; yeas :27, nays 0.
Also, a bill to repeal an act to provide for the disposition of fines and forfeitures hom cases arising in the County Court of Sumter, Georgia; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to authorize the County Commissioners o Greene county to relieve Miles G. Copeland, former Tax Collector of said county; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to incorporate the Long Shoals and Rocklan.i Railroad Company, and for other purposes; paRsed by the requisite constitutional m~jority ; yeas 29, nays 0.
Also, a bill to incorporate the Buena Vista and Ell~v:ille Railroad Company; passed by the requisite constitutiOnal majority; yeas 28, nays 0.

TuEsDAY, OcTOBER 18, 1887.

1363

The Semite has refused to pass the following bills of the House to-wit :
A bill to allow persons entitled to the benefits of the last clause of paragraph 1, section I, article 7, of the Constitution ot 1877, and the act of the General Assembly, approved September 20, 1879, and amended by an act approved September 26, 1883, to draw from the State Tteasury onethird of the allowance made to them annually.
Also, a bill to authorize the Ordinary of Habersham
county to sell all insolvent tax fi. fa.s. belonging to said
county. Also, a hill to prescribe and make certain the fees of the
Cleiks of the Superior and City Courts as therein stated, and also to provide for the payment of the fees of saicl Clerks in certain other cases.
Also, a bill to amend an act appro\ed September 22, 1881, extending the benefit~ of the act of September 20, 1879, to supply ex-Confederate soldier8 who lost a limb or limbs during the war with artificial limbs, etc., to nonresident Georgia soldiers who returned and became bona fide citizens after September, 1879, and for other purposes.
The Senate has passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Pataula Banking Company of Fort Gaines, Clay county, Georgia; passed by the requisite constitutional majority ; yeas 24, nays 0.
Also, a bill to incorpomte the town of Bluffton, in the eounty of Clay ; passed by the requisite con8titutional majority; yeas 23, nays 0.
The Senate has refused to pass the following bill of thP House to-wit :
A bill to amend l>ection 1465 (f) of the Code of 18H:2.
The Senate has passed the following bill of the Senate hY the requisite constitutional majority, yeas 23, nays 0, to-wit.:

1364

JouRNAL oF THE HousE.

A bill to incorporate the DuPont, Decatur, Alabama and }_,lorida Air-Line Railroad Company.
The Senate has refused to pass the following resolotion of the House, to-wit :
A resolution to require other surety of the leseses of the vVestern and Atlantic Railroad, and on their failure to give thl' same within a specified time, to declare said lease forfeited and to take possession of said railroad, and for other purposes.
The Senate has concm-red in the following resolutions of the House, to-wit:
A re:-,o]ution to require the Governor to instruct the Attorney-General to examine into the transfer of certain rights to the vVestern Union Telegraph Company, and for other pnrpoRes.
Also, a rPsolution to discharge from the Lunatic Asylum Bunk Gunn, of Houston county, and Jack Adams and Gemge John,.;ton.
The Senate has refused to pass the following resolution of the House, to-wit:
A resolution authorizing the Governor and Treasurer of the State to sell certain property belonging to the State.
The following message was received from the Senate through Mr. Harris, Secretary thereof:

Mr. Speake1':
I
The Senate has agreed to the following resolution, a~~d ai-iks the concurrence of the House therein, to-wit:
A resolution rescinding a resolution providing for a joint session of the General Assembly to-day, for the purpose of' allowing members to be presented to the President of the United States.
The following Senate resolution was read and concurred in, to-wit:

TuESDAY, OcTOBER 18, 1887.

1365

A resolution authorizing and directing the State Treasurer to destroy certain bonds, and for other purposes.
The following Senate bill was read the second time, and the report of the committee, which was adverse to the passage of the bill was agreed to, and the bill was lost, to-wit:
A bill to allow persons charged with crime to testify in their own behalf, etc.
The following Senate bills were read the second time, to-wit:
A bill to incorporate the GHinesville and Columbia Railroad Company.
Also, a bill for the protection of the oyster and clam fisheries in the waters of the State of Georgia, etc.
Also, a bill fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county, approved February 23, 1876.
Also~ a bill to incorporate the .Monroe Banking, Loan and Guaranty Company, etc.
The following Senate bill was read the first time and referred to the Committee on Railroads, to-wit:
By Mr. Sirmans, of the 5th DistrictA bill to incorporate the DuPont, Decatur, Alabama and
Florida Air-Line Railroad Company.
The following Senate bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to regulate and control the inspeetions and sale of naval stores (tar pitch, rosin and turpentine) in the State of Georgia, and to provide penalties thereof, etc.
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 89, nays 0, to-wit :

1366

JouR~AL oF THE HousE.

A bill to regulate the business ot insurance in this State,. and for other purposes.

The following Senate bill was read the third time ; the report of the committee was agreed to; upon the passage of the bill the previous question was called, which call was sustained and the main question ordered.
The yeas and nays were called for, which call was sustained.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Bailey, Belt. Birchmore, Brady, Branch, Brown nf Cherokee, Calvin, Chappell, Cook, Evans, Feather,;ton, FoutP, Gamble, Gordon,

Harrison of Franklin, Hawkins, Holleman, Humphries of Broob, Humphries of Clinch, J ohn;;on ot DeKalb, Jones, Key. Kimbrough, Lamar, ~Ion roe, Morgan, Moyc, McCord,
~1cKibben,

Pittman, Ray, Rawls, Reilley, Slm1nons. Sims, Smith of Ur~twford, Smith of Glynn, Strictdand, Tate, Terrell, Way, Wei!, Worsham.

Those Yoting in the negative were Messrs.-

Adam:; of Greene. Atkin>'tlll. Berner, Black, Brewster. Buchan. Cameroli. Candler, Chly of Cobb. Coggin F., Coney, Crawford, Darden, Denney, Dodg-en,

Harris of Catoosa, Hnyes, Henry, Henderson, Hili c.f Meriwether, Hill of Wilkes, Holland, Hughes, Huff, Hukhison, Iler, ,Johnson of Echols. Johnson of Screven, Kennedy, Lanier,

Parker, Peeples, Perkins, Perry, Pickett, Preston. Reid, Reynolds, Rich, Russell of Chatham, Russell of Polk, Schofield. Shewmake, Smith of Gwinnett. Smith of Jefferson,

TuESDAY, Oc'l'O.BER 18, 1887.

1367

Duggan, Durrance, Fagan, Felton of Bartow, . Felton of Bibb, Fortner, Franklin of Fttnnin, Gardner, Gibson, Glenn, Green of Clay, Griffith, Grindle, Hale. Hand, Harrell of Webster, Harper,

Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mills, Mixon. McLa.tw,
~fcGhee,
McGarrity, McCleskey, McMichael,
=" ewton,
Nichols, Norris, Olive, Page,

Stewart of Rockdale, Stewart of Marion, Stovall, Them as, Vaughn, Veazey, Vickers, "\Va.lker of .!<'loyd, Walker of Putnam, Watts, West, Wheeler, Whelchel, Williams of Harris: Williams of Upson. Wilcox, Wilson.

Those not voting were Messrs.-

Arnheim, Ashley, Blalock, Bray. Brown of Henry, Clay of Walton, {)omer, DuBose, Felton of Macon, Fordham, Franklin of Thomas, Greene of Madison,

Gresham. Hagan, Ham, Harrell of Decatur, Harrison of (,!uitman. Harvey, Harris of Columbia, Howard, Howell, Hunt, Ken ant

McLendon, Rountree, Russell of Clarke, Stevens, Stewart of Mitchel Taylor, Vining, Watson, Whaley, Williams of Jackson, Mr. Spealer.

Yeas 44. Nays 96. Not voting 34.

Not receiving the requisite constitutional majority, the bill was lost, to-wit :
A bill to amend section 4578 of the Code of 1882.
The following bill was read the third time ; the report -of the committee was agreed to.
Upon the passage of the bill the yeas were 73, nays 16; so the bill was lost, to-wit :
A bill to provide fot the approval, custody and recond <~f the bonds of the County School Commissioner, and for the giving of a new or supplemental bond when necessary.

1368

JouRNAL OF THE HousE.

The

following

bill

was

taken

up

for

a

third


reading,

and,-

upon motion of Mr. Simmons, the same was tabled, to-wit:

A bill to amend section 4595 of the Code of 1882.

Mr. Gordon, chairman of the Committee on Financet. submitted the following report :

Mr. Speake1' :

The Committee on Finance have had under consideration the resolution, No. 227, which they instruct me toreport back, with the recommendation that it do pass as amended.
Respectfully~submitteJ.
W M. 'V. GoRDoN, Chairman.

By unanimous consent, the following joint r!'solution was. taken up, and agreed to, to-wit :
A resolution rescinding a resolution providing for a joint session of the:General Assembly to-day for the purpose of allowing members to be presented to the P1esid!'nt of the United States.
The following S!'nate bill was taken up for a third reading, and, upon:motion, the same was tabled, to-wit:
A bill to~provide for the building and erecting of a court house in eachdmilitia district in the several counties in this State, etc.
The following House bills were taken up and the Senate amendmentsjthereto were concurred in, to-wit:
A bill to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church near McDaniPI's Station, in Gordon county.
Also, a. bill to amend section 2971 of the Code of 1882t etc.
Also, a bill to authorize the County Commissioners of Greene county to relieve Miles G. ( opeland, former Tax Collector of said county, etc.

TuEsDAY, OcTOBER 18, 1887.

1369

.Also, a bilt to amend an act approved October 28, 1870, to incorporate the town of Cairo, in Thomas county, etc.
Also, a bill to require the owners of horses, cows, mules, sheep, etc., to keep the same from running at large upon the lands of another within the 743d district G. M., of Tay-
lor county, etc. Also, a bill to incorporate the Southern Phamix Insur-
ance Company. Also, a bill for the relief of D. H. Hubbard, Tax Col-
lector of Polk county. Also, a bill to incorporate the Augusta, Gibson and
Sandersville Railroad Company, etc. Also, a bill to incorporate the Carrollton, Marietta and
Western Railway Company, etc. Also, a bill to incorporat~ the Lookout Mountain, Lula
Lake and Gadsden Railroad Company. Also, a bill to amend the charter of the to .vn of Ellijay. Also, a bill to continue in force an act to incorporate the
Georgia Insurance Company, approved December 20, 1860.

The following House bill was taken up for the purpo;,e of considering the Senate amendm~nts thereto, to-wit:

A bill to amend an act to levy and collect a tax for the support of the State Government, etc., for the years 1887 and 1888.
Upon motion, the House concurred in the Senate amendment to section 1, paragraph 3, and refused to coneur in the amendment propo;o:ed to section -!.

The House also concu1:red in the tlenate amendments to the following House bills, to-wit:

A bill to incorporate the Hartwell Loan and Savings Bank.

Also, a bill to incorporate the Long Shoals and Rockland Railroad Company, etc.

Also, a bill to provide for the registration of the qualified voters of Macon county, Georgia.

Also, a bill to incorporate the Lowry Banking Company

of Atlanta.



1370

JouRNAL OF THE HousE.

Also, a bill to incorporate the Peoples' Bankof Jefferson. Also, a bill to incorporate the Greenville Banking Company, etc. Also, a bill to incorporate the Central Trust and Banking Company of Georgia.
Also, a bill to incorporate the Lexington Terminal Rail-
road Company, etc. Also, a bill to incorporate the Pataula Banking Company. Also, a bill to incorporate the Buena Vista and Ellaville
Railroad Company, etc. Also, a bill to incorporate the town of Concord, in the
county of Pike, State of Georgia. Also, a bill to incorporate the town of Bluffton, in the
county of Clay.
Upon motion, House resolution, No. 217, was recommitted to the Committee on General Judieiary.
The Speaker announced the following named members on part of the House as the Committee on Elections of Stone Mountain Circuit, to-wit: Messrs. Bray, Lamar and Gamble.
The following message was received from the Senate . through Mr. ,V. A. Harris, the Secretary thereof:
M1. Spea!.:er :
The Senate has passed the following resolution of the House by the requisite constitutional majority, yeas 24, nays 14, to-wit :
A resolution to appoint a Commis'iioner and make an itlYentory and appraisement of the State Road; to prottct the State property in the same, and for other purposes.
And I am instructed to immediately transmit the same to the House.
Mr. Clay, of Cobb, mov(~rl that when the House adjourns, it adjoul'II to meet to-morrow morning at 9 o'clock.
Mr. Lamar moved to amend that the House do now adjourn.

TUESDAY, OCTOBER 18, 1887.

1371'

Upon this motion! the yeas and nays were called for, which call was sustained.
Upon the call of the roll the following was the result of the vote:

Those who voted in the affirmative were Messrs.-

Atkinson,
Bern~r,
Bircbmore, Brown of Henry, Brown of Cherokee, Brewster. Darden, Durrance, Evans, Felton of Bartow, Fonte, Franklin of Fannin, Gibson, Griffith,

Grindle, Hale, Hand, Harrell of Webster, Harrison of Franklin, Holland, Holleman, Hughes, Hunt, Hutchison, Kennedy, "'lathews, J[onroe, Morgan,

McMichael, Nichols, Parker, Perkins, Reilley, Reynolds, Russell of Polk Stewart of Marion, Stovall, Walker of Floyd, Whaley, Wheeler, Williams of Harris, Worsham.

Those voting in the negative were Messrs.-

Adams of Elbert. Arnbeim, Belt, Blalock, Brady, Branch, Buchan, Calvin. Candler, Clay of Cobb, Clay of Walton, Coney, Crawford, Denney, Dodgen, Fagan, Fortner, Gamble, Glenn, Green of Clay, Hagan, Harper, Harris of Catoosa,

Hawkins, Hayes, Henr), Henderson, Hill of Meriwether, Humphries of Brooks, Humphries of Clinch, ller, ,Johnson of DeKalb, .Johnson of Echols, Johnson of Screven. .Jones, Kenan, Key, Kimbrough, Lamar, Madden, .Mills, Mixon, MoyP, McCord, :McGhee, McGarrity,

.McKibben, Newton, Norris, Olive, Page, Perry, .Pickett, Preston, Rawls, Hich, Schofield, Shewmake. Sin1n1ons, Stewart of Hockdale, Strickland, Thomas, Veazey, Way, Wei!,' West Whelchel, Wilcox, Wilson.

1372

JouRNAL oF THE HousE.

Those not voting were Messrs.-

Adams of Greene, Ashley, Bailey, Black, Bray, Cameron, Chappell, Coggins, Comer, Cook, DuBose, Duggan, Felton of Bibb, Felton of Macon, Featherston, Fordham, Franklin of Thomas, Gardner, Gordon, Greene of }fadison, Gresham,

Ham, Harrell of Decatur, Harrison of Quitman, Harvey, Harris of Columbia, Hill of Wilkes, Howard, Howell, Huff, Lanier, Little of Talbot, Lumsden, Mauney,
~IcLane,
McLendon, McCleskey, Peeples, Pittman, Ray, Reid. Rountree,

Russell of Chatham, Russell of Clarke, Sims,
Smith of Crawtord, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Tate, Taylor, Terrell, Vaughn, Vickers, Vining, Walker of Putnam. watts, Watson, Williams of Jackson, Williams of Upson, )i[r. Speaker.

Yeas -!2. Nays 69. Not voting 63.

So tht~ motion to adjourn was lost.

The hour of adjournment having arrived, the Honse adjourned until 2::30 p. m.

2:30 O'CLOCK, P. M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to he present.
Leave of absence was granted to the following members, to-wit: Messr<'. Stewart of Mitchell, Strickland, Johnson of Echols, Evans, Russell of Chatham, Humphries of Clinch, Johnson. of Screven, Brewster, Madden, Morgan, Perkins, Rountree, Rawls, Reynolds, Kennedy, Durrance, Reilley, Walker of Putnam.
The following hill was read the third time; the previous question was called, and the call sustained, and the main

TuEsDAY, OcTOBER 18, 1887.

1373

questiQn ordered; the report of the committee was not

agreed to. Upon the passage of the bill, the yeas and nays were

called for, which call was sustained. Upon the call of the roll of the House, the following ill
t~e result of the vote :

Those voting in the affirmative wete Messrs.-

Adams of Greene, Brown of Cherokee,
Brew~ter,
Chappell, Darden, Denney, Durrance, Fagan, Gordon, Grindle, Harris of Catoosa,

Henry. ller, Kennedy, Kimbrough, Mathews, Monroe, M.oye, McKibben, )!cUleskey, MclV[ichael,

Perry, Pittman, Preston, Russell of Clarke Shewmake, Stew11rt of Marion, Veazey, Watts, Way, Worsham.

Those voting in the negative were Messrs.-

Atkinson,

Hagan,

Reilley,

Belt,

Hale,

Reynolds,

Berner,

Ham,

Rich,

Birchmore. Black, Blalock, Brady, Branch, Brown of Henry, Buchan, Calvin, Cameron, Candler, Coggins, Coney, Crawford, Dodgen, Duggan, Felton of Bartow, Felton of Bibb, Felton of Macon, Fortner, Jl'nute,
Franklin of Fannin, Gamble, Griffith,

Hand, Harrison of Franklin, Harper. Hill of Meriwether, Holland, Huff, Hunt, Hutchison, .John"on of DeKalb, Jones, Kenan, Lamar, lt1i lls, McGhee, McGarrity, Newton, Nichols. Norris, OlJvp,, Page, Parker, Pickett, Ray,

Russell of Polk, Schofield, Simmons, Smith of Gwinnett, Smith of .Jefferson, Stevens, Stewart of Rockdale, Stovall, Terrell, Thomas. Vickers, Walker of Floyd, Walker of Putnam, Watson, Wei!, Vi est, Whaley, Wheeler, "Whelchel, Williams of Upson, Wilcox, Wilson.

,JOURNAL OF THE HoUSE.

Those not voting were Messrs.-

Adams of Elbert, Arnheim, Ashley, Bailey, Bray, Clay of Uobb, Ulay of Walton, Comer, Uook, DuBose, Evans, Featherston. Forrlham, Franklin of Thomas, Gardner, Gibson. Glenn, Green of Clay. Greene of 11adi,;on, Gresham, Harrell of Decatur, Harrell of webster.

Harrison of Quitman, Morgan,

Harvey,

McCord,

Harris ot Columbia, McLane,

Hawkins,

McLendon,

Hayes,

Peeples,

Henderson,

Perkins,

Hill of Wilkes,

Rawls,

Holleman,

Reid,

Howard,

Rountree,

Howell,

Russell of Chatham,

Hughes,

Sims,

Humphries of Brooks, Smith of Crawford,

Hun.phries of Clinco, Smith of Glynn,

.Johnson of Echols, Stewart of Mitchell,

,Johnsor. of Screven, Strickland,

Key.

Tate,

Lanier,

Taylor.

Little of Talbot.

Vaughn,

Lumsden,

Vming,

}ladden,

Williams of Harris,

11auney,

Williams of Jackson,

Mixon.

Mr. Speaker.

Yeas 31. Nays i7. ~ot voting 66.

~ot receiving the requisite constitutional majority, the bill was lost, to-wit :

A bill to prevent the running at large of stock on Cumberland Island, in this State, etc.

By unanimous consent, the following bill was taken up, and the same read the third time, and the report of the committee was agreed to.
Upon rhe passage of the bill the yeas were 77, nays 16, so the bill was lost, to-wit:

A bill to authorize any municipal corporation in thia State to establish a system of public schoolR within the corporate limits of the same, etc.
The following bill was read the third time, and upoD motion the bill was tabled, to-wit :

A bill to regulate the practice in claim cases in the differ ent courts of the State of Georgia, etc.

TuESDAY, OcTOBER 18, 1887.

1375

Mr. Watts offered the following resolution, which was
read and referred to the Committee on Finance, to-wit :
A resolt1tion to pay actual expenses of the Committee appointed to visit Chattanooga and investigate property of the Western and Atlantic Railroad.
The fcJllowing Senate bill was read the second time ; the report of the committee, which was adverse to the passage of the hill, was agretd to, and the bill was lost, to-wit :
A hill to regulate the practice in the Superior Courts of the State of Georgia in rnles and attachments for contempt against officers of courts, etc.
. The following Senate bill was read the third time ; the report of the committee was agreed to; upon the passage of the bill the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adamo of Elbert, Adams of Greene, Atkinson, Bailey, Belt, Berner, Birch more, Blalock, Branch, Brown of Henry, Brown of Cherokee, Brewster, Buchan, t.Jalvin, ,Candler, Coney, Crawford, Darden, Duggan, Durrance, Felion of Macon, .Jonaer,

Hale,

Peeples,

Harrison of Franklin, Perkins,

Harper,

Pickett,

_:Henry,

Pittman,

Hill of Meriwether, Preston,

Hill of Wilkes,

Ray,

Holland,

Heil!'.'y.

Hughes,

Rich,

Humphries of Brooks, Russell of Chatham,

Hutchison,

Russell of Clarke,

Iler,

Russell of Polk,

Johnson of DeKalb, Shewmake,

Jones,

Smith of Jefferson,

Kennedy,

Stewart of Rockdale,

Kimbrough,.

Stewart of Marion,

Lamar,

Stovall,

Lanier,

Thomas,

Mathews,

Veazey,

Moye,

Vickers,

.McCord,

Watts,

.McGhee,

Watson,

McGarrity,

Way,

1376

JOURNAL OF THE HousE.

l<'oute, Gamble, Gordon, Griffith, Grindle, Hagan,

McKibben, Nichols, Norris, Olive, Page, Parker,

Wei!, Whelchel, Williams ot Upson, Wilcox, Wilson, Worsham.

Those voting in the negative were Messrs.-

Brady. Coggin:-:. 1 Dodgen, Fagan, Felton of Bartow, Featherston,

Franklin of Fannin, Greene of Madison, l\fonroe, l\{c l\Iichuel. Perry, Schofield,

Simmons, Smith of Gwinnett, Walker ot Floyd, West, Wheeler.

Those not voting were Messrs.-

Arnheirn, Ashley. Black. Bray, Cameron, Chappell, Clay of Cobb, Clay of \Valton, Comer. Cook, Denney, DuBose, Evans, Felton of Bibb. Fordham, Franklin of Thomas, Gardner, Gibson, Glenn, Green of Clay, Gresh run, Ham, Hand, Harrell of Decatur, Harrell of Webgter,

Harrison of Quitman, Harvey, Harris of Catoosa, Harris of Columbia, Hawkins, Hayes, Henderson, Holleman, Howard, Howell. Huff', Humphries of Clinch, Hunt, Jahnson of Echols,
.rohnson of Screven,
Kenan, Key, Little of Talbot, Lumsden, Madden, Mauney, Mills, Mixon, l\lorgnn,

McLane, l\lcLendon, McCleskey, Newton, Rawls, Reicl. Reynolds, Rountree, Sirns, Smith of Crawford, Smith of Glynn, Stevens. Stewart of Mitchell, Strickland, Tate, Taylor, Terrell, Vaughn, Vining, Walker of Putnam, Whaley, Williams of Harris, Williams ot JacksoD, Mr. Speaker.

Yeas84. Nays17. Notvoting73.

Not having received the requisite constitutional majority, the bill was lost, to-wit:

A hill to amend section 1997 of the Code.

TuEsDAY, OcTOBER 18, 1887.

1377

Mr. Smith, of Gwinnett, offered the following resolution which was read and referred to the Committee on Finance; to-wit:
Resolved, by the. Hou_se, the Senate concu<f'ring, That the pages and porters of the present session pf the General Assembly be allowed fi-fty cents extra per day as compensation for extra services rendered.
. Upon motion, the following resolution wa;; taken up, read and adopted, to-wit:
A resolution to pay committeeto investigate the Western and Atlantic Railroad property; their expenses, etc.
Mr. Gordon, chaitman of the Committee on Finance, submitted the following report:

Mr. Speaker:
The Committee on Finance have had under con1>ideration resolution No. 228, a joint resolution providing for the payment of the actual expenses of the joint committee appointed to investigate the property of the Western and Atlantic Railroad, which they instruct me to report back
with a recommendation that it do pass.
Respectfully submitted.
w~r. w. GoRDON~ Chairman.
By unanimous consent, the following resolution was taken up, read and adopted, as amended, to-wit:
A resolution to pay the Joint Committee and Special Committee, appointed to vi;;it the Lunatic Asylum, their actual expenses, etc.
The following Senate bill was read the second time, to-
wit:
A bill to facilitate the publication of the Georgia Reports
. Upon motion, the House adjourned until to-morrow morning at 9 o'clock.
87

1378

JouRNAL. oF THE HousE.

ATLASTA, GEORGIA,
Wednesday, October 19, 1887.

The House met pursuant to adjournment; was called to order by the Speaker and opened with prayer by the Chaplain.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Cherokee, Brewster, Buchan, Calvin, Ca1ne:ron, Candler, Chappell, Clay of Cobb, Clay of Walton, Coggins, Coney, Crawford, Durden, Denney, Dodgen, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton ot Bibb, Felton of Macon, Featherston,

Harper, Harvey, Harris of Catoosa, H>twkins, Hayes, Henderson, Hill of )leriwether, Hill of 'Wilkes, Holland, Holleman, Howard, Howell, Hughes, Hufi, Humphries of B~ooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, .Johnson of Screven, J-ones, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews Mauney, Mills, Mixon,

Perkins,

Perry,

Pickett,

Pittman,

Preston,

Ray,

Rawls,

Reid,

Reillev,

Reynolds,

Rieh,

Rountree,

Russell of Chatham,

Hussell ot Clarke,

Russell of Polk,

Schofield,

Shewmake,

Stmmons,

Sims,

Smith of Crawford,

Smith of Glynn,

Smith of Gwinnett,

Smith of J etlerson,

Stevens,

Stewart of :M iLcheli,

Stewart ol Rockd!lle,

Stewurt of M11rion,

Stovull,

Strickland,

Tate,

T

av "

l

or'

Terrell,

Thomas,

Vomghn,

Ve11zey,

Vickers,

WEDNESDAY, 0C'fOBER 19, 1887.

1379

Fortner, Fordham. Foute, Franklin of Fannin,
Gamble, Gardner, Gibson, Gordon, (;lreen of Clay, Greene of 1\'Jndison, Griffith, Grindle, Hale, Hand, Harrell of Decatur, Harrell of Wellster, Harrison of Franklin, Harrison of Quitman,

:\lonroe,
~forgan,
3foye, McCord, McLane, McGhee, McGarrity, McLendon, McKibben, :\feUieskey, :\Ic:\Iichael,
_.:._~ 8WLOJ1,
Nichols, Norris, Olive, Page. Parker, Peeples,

Vining, Walker of Floyd. Walker ot Putnam, Watts, Watson, Way, Wei!, West, Whaley, Wheeler, Whelchel, williams of Harris, Williams of Jackson, williams of Upson Wilcox, Wilson, \Vor,ham, Mr. Speaker.

Those absent were Messrs.-

Bailey, Brown of Henry, Comer, Cook,

DuBose, Franklin of Thomas, Glenn, Gresham,

Hagan, Ham Harris of Columbia, Henry.

Mr. Ray, of the Committee on Journals, teported that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit: Messrs. Stewart of Mitlihell, Watts and Mixon.
Pending the reading of the J onrnal, Mr. walker, of Putnam, gave notice that at the proper time, he would move to reconsider the action of the House yesterday had on Senate bill No. 170.

Pending the rearling of the Journal, Mr. Gordon gave notice that he would move to reconsider so much of the action of the House had on yesterday, as relates to concurring in Senate amendments to House bill No. 1029.
Mr. Berner gave notice that he would move to reconsider
the action of the House had on yesterday as relates to Senate bill No. 104.

1380

JouRNAr, oF THE HousE.

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

ltfr. Spertker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to establish a new charter for the town of Camilla,
in the eounty of Mitchell; passed by the requisite constitutional majority; yea;; :23, nays 0.
Also, a bill to incorporate the town of Guyton, in Effingham county; passed by the requisite constitutional majority; yeas 27, nays 0.
Also, a bill to authorize the Mayor and Aldermen of the City of Eatonton to issue bondb and provide for the paymeut of the principal and "interest on same by local taxa';ion, t:.~r thz purpose of constmcting a school house for the ;;ohite and f:Jr the colored people ; passed by the requisite constitutional majmity; yeas :24, nays 0.
The Senate has passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Thomasville and Ty Ty Railway Company; passed by the requisite constitutional majority ; yeas 24, nays 0..
Also, a bill to incorporate the Coweta Bank; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate ha~; refused to pass the following bilL of the House, to-wit:
A bill to prevent the running of excursion trains, boats or vessels upon the Sabbath day.
The Senate has concurred in the House amendments to the following Senate bills, to-wit:
A bill to regulate the business of insurance in this State. Also a bill to amend the charter of the Americus, Pres-
ton and' Lumpkin Railroad Company.

. WEDNESDAY, OcTOBER 19, 1887.

1381

The Senate has refused to concur in the House amendments to the following Senate pill, to-wit: .
A bill to amend an act to incorpOI'ate the Savannah and Western Railroad.
Tbe Sf'nate recedes from its amendment to the following bill of the Honse, to-wit :
A bill to incorporate the Manufacture1';; Insurance Mutual Aid Society.
Mr. Arnheim, chairman of the Special Committee appointed to investigate the Lunatic Asylum, submitted the following report :

Mt. .';peaker :
The Special House Committee, appointed under a House resolution, to investigate the Lunatic Asylum, consisted of Messrs. Kenan of Baldwin, 'vV. H. Felton of Bartow, Humphreys of Brooks, Brown of Cherokee, and Arnheim of Dougherty. Hon. W. H. Felton did not participate in the investigation, nor does he or Dr. Kenan join the committee in this report. Your committee have performed the duty assigned as fully as limited time and other imperative responsibilities devolving upon them during the session of the Legislature would permit. They herewith transmit the testimony taken, with accompanying documents, and from the testimony submitted, personal inspection and investigation, beg leave to report, to-wit:
The Lunatic Asylum is a grand charity, and the State has been bountiful in dealing with this unfortunate class of its citizens. Since its foundation, in 1837, the State has expended for its establishment, by direct appropriation, in addition to the regular annual appropriations and supplies for the maintenance of its inmates, and ordinary and extraordinary repairs, the sum of $6s6,6Jo.oo, as appears from the following statement, which is appended, deeming it of interest and desirable for easy reference and information :

1382

JouRNAl, OF THE HousE.

STATEl\IENT RHOWTNU APPROPRIATION('; FOR BUILDINGS AND U!PROYEMENTS SINCE THE EHTARLISHMENT OF THE INSTI'ITTION:

December ~3.

"

21.

"

10.

"

6.

February ~3.

"

23.

"

23.

January 1:'i.

February 18.

" "

,I,H_ .
-I.

Dec<>rnher 1-!.

"

1-L

"

1-L

"

Hl.

"

HJ.

March Hl.

December 4.

"

4.

Feuruary ~4.

"

~:~.

"

:!H.

Septemb'r lS.

"

-l.

,",

-l.

4.

December -l.

Total .

Acts 1837.
" 183!J. " 18-U. " 1847. " 1850. " 1H:'i0. " 1850.
,", 18,i2. 18;i-!.
" lHii-!. " l8ii(i.

,",

180H. 1Hii8.

" 18tis. " 1S60. " lHHO.

" 18H!l.

" 1Hil. " 1Hil. " 187il.
" lSiG. " lHiti. " 1SS1. " 18S:~. " 18S:3. " 1SS.'l. " JSSfi.

Building ..

. $ 20,000 ()()

Building ..

.5,000 ()()

Building (about)

8,000 00

Pumps

700 ()()

Building for Epileptics .

2,000 110

Re-(overing ..

3,000 00

::\Iale and Female Infirmary 2,000 00

Improvements

24,800 00

Added to auove .

3,500 00

Laud 3,000, Building 50,000 53,000 ()()

Completing above during

Hl.~6 and 18ii7 .

110,000 ()()

Completing same

10,000 00

Pny of Building Committee 5,000 00

Building

15,000 00

Balance.

560 00

\\'ater \Vorl<:s .

2,500 00

\Vater \VorkR H,OOO.OO, Re-

pair~ -!,000.00 .

10,000 00

\\'ater ClosetR, Baths, etc. 35,800 00

Building an<l He-covering 17,000 00

Impronment and Repairs 23,896 00

\Yater \Yorks .

20,000 00

Improvements ..

24,000 00

Yarious Buildings ..

16.5,000 ()()

Completing above .

6\.516 ()()

Furnblling

l.'i,OOO 00

Uns \Yorks

12,358 00

Arte,.;ian \Yell.

:~,000 00

---

. $(ili6,630 00

It must be noted, that these are direct appropriations for buildings and improvements by the Legislature, and to convey a correct idea of the large amount expended in and about the large and commodious buildings composing the Asylum, the committee calls attention to the reports of the last three years, namely. 1883 to I 886.

.From October 1st, JSS:~, to Odoher lHt, JS8-l, old repairr,; $ fi,700 79

Extraordinary repairs . . . . .

10,226 59

From Oct. l~t, 1H84, to O<'t. l~t, Jss:,, ordinary repair'"' 10,93-! 0-'J

WEDNESDAY, OcTOBER 19, 1887.

1383

Extraordinary repairs . . . . . . . . . . . . . . . ll,liO 45 From Oct. 1st, 1885, to Oct. 1st, 1H8G, ordinary repairs .S,il5 47 Extraordinary repairs . . . . . . . . . . . . . . . . 15,992 35
Amount expended for ordinary and extraordinary repairs on the Lunatic Asylum for Jnly three years :!:GI,799 GS.
THE FINANCES.
The Steward of the institution, who is in charge of the finances of the Asylum, testifies, and the books show, that in addition to the balance on hand, the institution has two whole months of appropriation undrawn, hence $33,000.00. Now it would seem that this large balance should be covered into the treasury as unexpended appropriations, and that the Legislature should determine by direct legislation the amounts to be expended for what is termed "extraordinary repairs." \Vhen the committee called attention to the report of I886, where all conceivable expenditures were so classed, it was explained that the former architect had made a mistake in his estimate for bricKs to be used in one of the new buildings, and that the money appropriated is not spent to support the institution, and the trustees, rather than go back to the Legislature, paid for the brick out of the unexpended balance in this way. This is not as it should be, or is contemplated. The act of the Legislature making the appropriation provides, "That no part of this sum ($I 7j, ooo.oo) shall be used for building purposes.' The Legislature are the custodians of the treasury, and should specifically direct the appropriation of large sums gathered by the taxing power of the State. If larger supplies have been voted than necessary they were based upon the reports and recommendation of the trustees and officers in charge of the institution, and do not justify their action in expending this money otherwise. The committee insist that the unexpended balance should be so reported, and the Legislature be left to determine how it should be spent.

APPROPRIATIONS.
The annual appropriations for I885. I886, 1887 and

1384

JouRNAL oF THE HousE.

1888, were each one hundred and seventy-five thousand dollars. But this is not all. In addition the State expends:

For Halary of the Superintendent, annually . For Ralary of five Trustees, 5:~00.00 eaC'h . . . For insurance . . . . . . . . . . . . . . ..

. $ 2,500 00 1,500 00 3,128 74

Total . . . . . . . . . . . . . . . . . . . . .

$7,128 74

(The committee attach an account of insurance to the testimony, obtained from the books of the Keeper of Public Buildings.)

Therefore it appears that the annual appropriation to the Asylum is really $182, 128. 74, and hence there is no pretext that the Legislature does not respond to all legitimate demands for the Asylum.
From the testimony, it is made apparent, that as these "extraordinary repairs" cease, (and the committee strenuously urge they should be subject to direct legislative action,) fifteen thousand dollars less would suffice, unless the number of patients increased or supplies materially advanced. The only ''extraordinary repairs" now spoken of is the adornment of the grounds around the new build-.

ings hereinafter commented upon.

THE BOOKS OF ACCOUNT.
To examine the books of account of the asylum thoroughly would require much more time than a Legislative committee, during the session of the Legislature, and at a time when legislation culminates, can possibly bestow. From the investigation, as searching as limited time with unremitting labor in examining witnesses would permit, the committee found them correctly and neatly kept. It must be remembered that $I75,00o.oo are spent annually besides direct appropriations, and numerous accounts and vouchers are kept to verify the expenditure, and hence to audit them for a number of years would consume, even at the hands of an expert, considerable length of time. A copy of all vouchers is sent monthly to the Executive office, but nobody is charged with auditing them; and the committee suggest and recommend (to make the provision

WEDNESDAY,

' OcTOBER

19,

1887.

1385

of law which is complied with available,) that an officer of that department be designated by the Governor to audit and investigate the same and report to the Governor his approval or disapproval, the reports to be transmitted to the Legislature with the Governor's message.

MERCHANDISE ACCOUNT AND INVENTORY.
The evidence discloses that the merchandise account is not properly kept, and hence the supervision over the supplies, provender and articles of subsistence is deficient. The steward testifies that he depends upon his knowledge of how much is given out and how much it takes per month, and thus relies upon his general knowledge how supplies, etc., ought to hold out. The committee recommend that a merchandise account be kept, as recognized business principles require, and that it be verified by quarterly inventories.

SUBSISTENCE.
The last report shows,
By cash for subsistence . . . . . . " " Clothing . . . . . . . . . " " Fuel and transportation .

. $52,104 66 13,122 37
. 19,470 00

Total

. $84,6fl7 03

And under the head of extraordinary repairs purchases are also made. It is true, bids are advertised for and sealed bids received every quarter, but, under the rules of the asylum, as the steward testifies, he is the sole judge, and awards the contracts; the trustees do not. The committee is of the opinion, and insist, that this rule ought to and should be changed, and that the trustees, with the advice of the steward, certainly not the steward alone, should pass upon and award these contracts As it depends upon the quality of the goods and articles purchased, and the prices are fluctuating, it was impossible for the committee to ascertain definitely how the asylum fares in this important branch of expenditures. The prices obtained since the present steward has been in office would seem reason-

1386

JouRNAl, OF THE HousE.

able and sufficiently low, but the rule indicated ought to be adopted, and if the vouchers, in addition, are audited as heretofore recommended, from month to month, and at the time of purchase, then these large expenditures will receive the proper scrutiny.

OFFICERS AND EMPLOYES NOT REPORTED ELSEWHERE.

THE STEWARD.
The steward of the asylum receives $2,000 per annum. He is charged with the entire financial management of the asylum, is a bonded officer, and, taking into consideration the responsibility of the position and the qualifications he ought to, and does, possess, the committee do not deem his salary excessive. It is, however, certainly adequate without further extra allowance. It affords the committee pleasure to say that all concur in sustaining the private and official character and conduct of this most important officer of the institution.

THE ASSISTA;\IT STEWARD.

The duties of the assistant steward are mechanical. He

looks after the mules and cows owned by the asylum;

has charge of the teamsters, six in number; attends to the

hauling for the institution; has charge of the provender;

sees to it that the stock is properly cared for and fed.

Ample assistat"ce, however, is furnished him, namely,

a dairyman at $36.00 per month, and two boys for the

cows, and a competent man also, at the same wages, to

feed and care for the mules. Hence this part of the assist-

ant steward's work is supervisory only. He keeps the

time of about fifteen employees, weighs car-load lots

received by the asylum, and measures the wood used; these

are his duties, and he is paid $r,638.6o per annum, viz:

Salary ..... .
Fled for one horsf' furnished (estimated) . Two meals pt~r day (as per asylum rates) .

.. $1,500 00 75 00 63 60

. Total.

. . $1,638 6&

He also has the privilege to purchase goods and sup-

WEDNESDAY, OcTOBER 19, 1887.

1387

plies from the store-keeper of the asylum at cost with five per cent. added for freight. This salary is extravagant and the work performed not in keeping with compensa
tion . . The committee is of the opinion that $650.00 per annum is ample pay for this officer, and to demonstrate this the committee point to trustworthy, capable overseers of plantations in Georgia, who have more men and more stock in charge, and, in addition, more duties to perform, and more responsibility resting upon them. If salaries are left as heretofore with the discretion of the trustees, the committee insist that this officer is over-paid by $I, ooo. oo per annum, which ought to be saved to the State.
TREASL'RER.
An annual salary of $6oo.oo is paid to the treasurer of the asylum. He receives the monthly appropriations as drawn and p~ys them out upon checks of the steward, keeping an account thereof by entering the checks bynumber, keeping them as vouchers. This office ought to be abolished. The State has its detJOsitories who would gladly carry out his duties, proper securities being given by taem. The bank at Milledgeville, as testified to by its officers, would gladly do so. Then why pay out $6oo. oo annually? The present treasurer fell short in 1879 several thousand dollars, having loaned the State's money to one Waitzfelder, and, according to Mr. Hendricks, then one of his bondsmen, received large interest thereon. It is true the books show that the deficit was made up, but should an officer who had thus handled the State's funds have bt?en retained? He was retained, however, and his salary increased from $400.00 to $6oo oo. It also appears that, in addition to the salary paid him, this officer sold exchange on Macon upon asylum funds-his account there being kept as treasurer of the asylum, and thus an unauthorized profit in addition to his salary accruecl to him. The committee is of the opinion that the trustees should not have. sanctioned by repeated re-election the conduct of this offi-

1388

JouRNAL oF THE HousE.

cer, however honest or trustworthy; this conduct is against law and the avowed policy of the State.
GARDENER.
The gardener of the asylum receives $840 per annum, and also has the privilege of buying supplies, as set out, from the institution. He has in charge the cultivation of about 6o acres, growing beans, peas, potatoes, corn, cabbage, tomatoes, onions, turnips, and, in short, the crop usually raised by the farmers of the State. He has nothing to do with the front garden, which is kept and looked after by other employees. He works on an average five and one-half hands. The stock used is fed and looked after by others. He does no manual labor, and whenever inmates of the asylum do any work in his department, they are under the supervision of a Mr. Singleton, who receives $300 per year and his board The asylum furnishes the gardener a mule to ride and feeds it. The committee is of the opinion that $500 per annum is ample pay, and, in addition, insist that the gardener might, witout too great a strain upo,n him, oversee 6 hands and walk over 6o acres, and thus an additional saving of the hire of a horse and its feed should be had. The cultivation of these crops is a necessity, though from all the evidence adduced, they are not adequate to the demands of the asylum, whilst everything is furnished and on hand to accomplish this end.
USHER.
An usher is employed by the trustees, and, according to the steward's testimony, ''his duty is simply to show
around visitors ; if anything else I do not know." He
receives $400 a year, and board, fuel, lights and quarters, estimated at $200. This employee costs the State $6oo annually. The superintendent and assistant physicians testify that much of this time is consumed by taking around visitors. Each department has its supervisor, whose special duty it is to make rounds. It would be an easy matter to apportion among other employees this duty,

WEDNESDAY, OcToBER 19, 1887.

1389

and hence the committee recommend that this unnecessary

office be abolished and the salary saved.



MATRON.
Mrs. Darnell is the matron of the white female department, and receives $900 per annum, a much larger salary than paid to the supervisors, and to the matron of the colored department. But, as she has in charge the making and mending of the clothes of the institution, the committee are not prepared to say she should be paid less.
Mr. Jackson, the supervisor of the white male department, receives only $30 per month, has been connected a long time with the institution and seems to be a very valuable man, and Mr. Ferrell, who is in charge of the colored department, also connected with the institution tor years, receives $45 per month only.

THE SECRETARY.
This officer of the institution receives $r,ooo. He is the private secretary of the superintendent, attending to lfis voluminous correspondence; acts as secretary for the board of trustees ; keeps the books of history and records of inmates. His books are nicely kept, and he takes a deep interest in his employment. In the testimony it appears that this officer gets under the influence of liquor at intervals, but it is due him to state, that this is never at the asylum, and that his duties are not: interfered with. The committee would not have commented upon this at all, but the prominence given to it in the testimony seems to require this much from the committee.

EMPLOYEES.
Each ward has a head attendant and an attendant. These men and females do not receive more than they deserve. Their labors are confining and arduous, and as
a class, they are genteel people well suited to their
positions. The baker, the carpenter, the cooks and the assistants, in short, all the numerous persons employed in

1390

JouR:-;AL oF THE HousE.

and about the asylum are not over-paid, and as to them
the committee have no suggestions to make.
THE APOTHECARY.
About $4,500 in drugs, soaps and toilet articles are consumed by the asylum annually and dispensed by this officer. His salary is $1.250 per annum. He reports 13,053 prescriptions filled last year, but it must be remembered that the term prescription, at the asylum, includes not only medicines to be compounded, but every article furnished through him, such as soap, hair-oil, and in fact everything to be had at a general drug store, is dealt out by him upon prescription. Part of the committee are of the opinion that the assistant physicians should, in turn, fill prescriptions, but the concurrent testimony points to the necessity of retaining this officer, and hence the committee think best not to advocate his removal. Charges against the sobriety of this officer were made and seemed well sustained ; on the other hand, they were refuted by the very best and most reliable testimony. A few trifling mistakes were established, but the committee, after care! fully sifting the testimony have reached the conclusion that the efficiency of Mr. \Vest, the present incumbent, is well established and unimpaired.
SOBRIETY OF THE OFFICERS.
The testimony discloses similar charges against Dr. Whitaker. \Vhilst it establishes the fact that he does not abstain from intoxicating beverages, the weight of the evidence is clearly that he is a sober, temperate man in the general acceptation of the term. vVe deem it unnecessary to comment upon charges in this respect against other officers; they seem too frivolous to merit comment except where otherwise reported.
THE CHAPLAIN.
Rev. A. J. Beck, a Baptist minister, of Milledgeville,
is the present Chaplain of the asylum. His salary is $500 per annum. The chapel is a roomy hall situated in

WEDNESDAY, 0CTOBRR 19, 1887.

1391

the main building, has an organ, and is well fitted for the purposes designed. The committee attended divine services, and have nothing but praise for the incumbent. The committee suggest and recommend that the services of a suitable chaplain be secured, to reside permanently at the asylum; and board and lodging in addition to the present salary (increased if necessary), they think ought to procure the services of a philanthropic clergyman, whose constant presence and services would certainly be desirable, and of great benefit to many inmates. A minister permanently located at the asylum, who would visit the inmates on his daily rounds, with no other duties, might cheer the depressed, comfort the low in spirit, and could accomplish much good by his presence and intercourse with the patients, and be a great help to the in~titution.
SALARIES,
Under existing laws, the salaries of the officers are left entirely with the Trustees, it seems. The committee are of the opinion and recommend that the Legislature should 'fix them by statute. The salariec> paid to the physicians and other officers, are set forth in other parts of the report.
MAINTE:-rANCE PER CAPITA.
The management of the asylum point to the low cost of maintenance, and when it is stated that it requires but $140 for each patient p~r annum (of course expenses for buildings and appurtenances are excluded as far as direct appropriations are concerned), it would seem a very small sum, and to preclude all criticism. Let it be remembered, however, that when a practical test is applied. the result is not astonishing. An average family consists of five people, and its maintenance, at the rate required by the asylum would necessitate at least an income of $730 per year, or $2 per day; and rents, taxes, insurance and purchase of furniture would have to be added and such an income would dot, could not, leave any su:plus for occasional luxuries or savings. Medical attention and medicines are required outside of the asylum also. The asy-

1392

.JouRNAL OF THE HousE.

!urn purchases its supplies at low wholesale rates. Through mechanical appliances much is saved. No rents, taxes or in :urance have to be paid. Furniture is paid for by direct appropriation The clothing furnished by the asylum is of the cheapest kind, the fare very plain and very cheap. The attendants, if apportioned to families of five, would scarcely exceed the amount necessarily paid out for help. It is a well-known fact that cost of subsisteace materially decreases as the number to be cared for increases, and hence, taking into consideration all these facts, the result achieved, namely, an expenditure of $r83,000 per year by the asylum as now made, and in the manner it is made, is not an achievement deserving unstinted praise.

BUILDI:-lGS.
The asylum is composed of the following buildings: The main building, with its extensive wings, substantial three-story brick structures (except one, which is fourstories high), all in good repair, with a center building, occupied by the officers of the institution and as the commodious residence of the Superintendent, quite ornate' with its beautiful front garden ; two new brick structures, three large stories high, finished with stone, known and dis tinguished as the male convalescent building and the female convalescent building. There are handsome buildings also, with roomy center buildings for the first and second assistant physicians. The building for colored patients, center for residence of third assistant physician, and its wings, three-story brick structures, plain but substantial, well arranged and admirably adapted to its purpose; also, two detached frame buildings-used as wards-calculated to contain about forty beds each, filled with chronic and incurable, but generally harmless patients. Another detached brick building for this purpose; and in addition to these, buildings for employes, attendants, kitchens, bakery, laundry, workshops, gas works, water works, etc., all well arranged and fitted. There has been an attempt to grade the grounds around the two new buildings desig-

WEDNESDAY, OcTOBER 19, 1887.

1393

nated as the male and female convalescent buildings, and the trustees should be encouraged to carry out their design to have this done, and have it laid out in keeping with the front garden of the main building. The front
garden was laid out by John vV. Wilcox, Esq., the former
efficient engineer of the asylum, and, whilst the committee are of the opinion that the gruunds should be attended to, they differ, however, with the trustees that it is necessary to send for, and employ an expensive landscape gardener, as contemplated by them, believing that the present engi-
neer, Mr. T. A. DeSaussure, is equal to the task, and It
entrusted to him, they agree with lVIr \Vilcox, his predecessor, that he can, and will, qualify himself to do so, if. not qualified already.
NUMBER OF INMATES AND THEil{ ACCOM'v!ODATIONS.
The committf'e required from the supervisors of the white male department and the colored department, and from the matron of the white female department, an itemized statement of the departments under their charge, and report as follows :
Mr. Jackson, the supervisor of the white male depart- ment, has in charge 20 wards, containing 425 bed rooms; 13 bath rooms, 19 water closets, 20 clothes rooms, 20 dining rooms, 6 sitting rooms, and there are in his department 53 vacant rooms.
Mr. Ferrell, the supervisor of the colored department, has in charge (with his wife as matron) in the colored male department 222 bed rooms, 6 bath rooms, 6 dining rooms, 3 recreation halls; 2og of these rooms are for patients. There are in this department r77 colored male patients; hence, there are 32 more rooms on .the male side of the colored department than patients. The female colored department has 220 bed rooms, 8 bath rooms, 6 dining rooms, and 3 recreation halls. Of the bed rooms 207 are designed for patients; there are 206 female patients, hence one more room than patients. Of this number of patients
88

1394

JouRNAl> OF' THE HousE.

more than one have been put in some of the rooms, so as to leave 6 vacant rooms for colored female patients.

Mrs Darnell, the matron of the white female department, has in charge 2 1 wards, 439 bed rooms, 24 bath rooms, 26 clothes rooms, 20 dining rooms, 7 sitting rooms, 12 beds vacant and 3 I rooms vacant.
From the books of the asylum it appears, as per abstract requi:-ed and furnished to us by the secretary of the Superintendent, that the number of patients on hand on August 26, 1887, both white and colored, was 1,310, of whom 923 are white, and 387 are colored. Of the whites, 425 are males, and 498 are females; total whites, 923. Of the colored patients, there are 1So males and 207 females, total colored 387. (The slight discrepancy between the Secretary's report and that furnished by the supervisors, is caused by the difference in the dates when the reports were made)
From an examination of these reports it appears that there are 53 rooms vacant in the white male department, 31 rooms vacant in the white female department, 32 rooms vacant in the colored male department, six rooms vacant in the colored female department. Hence 122 vacant bedrooms set apart for patients. In addition to this, the hall in the white male department, qesignated as 14th ward, has 36 beds in it, six beds vacant, and can accommodate four more beds; the hall in the white female department, designated also as 14th ward in that department, has 32 beds in it, afld can accommodate 8 more beds, with four beds now vacant; (these are the wards for harmless and incurable patients). Hence it will appear that one hundred and fifty mon;patients can easily be accommodated and provided for with rooms and beds, and if necessary some of the rooms accorded to attendants, and used for other purposes, as set out in the report, be put to use. This number might be very much increased without inconvenience, and therefore, at present there should be no necessity for keeping the demented or idiotic persons in

WED~ESDA v, Oororn~R 19, 18H7.

1395

the county jails for want of room in the asylum ; and if this is now done, (the source of much complaint in the past and certainly t0 be regretted in the interest of humanity,) it is at present without a just excuse on the part of the authorities.
HOSPITAL BUILDINGS.
In addition to the buildings enumerated, there is located about one-half mile from the main building, a brickbuilding two stories high. The main building is one hundred and fifty feet front, and thirty-one feet deep, having a center building sixteen feet square, to be used as _ the office, etc. There are two dining rooms ,one for each story, in the rear of the center building, each fourteen by twenty-four feet, and also all necessary compartments. The lower floor is divided into small rooms, the upper into four large rooms. (This description is taken from the report of the lunatic asylum of I 88 r.) This structure was erected for a hospital to be used in case of an epidemic, and whilst virtually empty, the committee is of the opinion, that it should be utilized for a class of patients who can be easily rerr.oved should the calamity of an epidemic ever befall the asylum, but the want of accommodation should not be urged when so commodious a building stands vacant. The committee were informed that the presence of malformed idiots and emaciated epileptics has a depressing influence on the insane, and is calculated to retard recovery, and hence they suggest the use of this building for this purpose. There are an umber of this class of inmates in the asylum needing but little medical attention, and this building, well located and well constructed, should be so utilized. It will accommodate 6o inmates, or more, and might be converted into an inebriate asylum, and thus the large cost of a new establishment be avoided.
ENGINEER DEPARTMENT.
This department is in charge ofT. H. DeSaussure, Esq., and is of great importance. All the machinery and mechanical appliances of the asylum are under his charge,

1396

JouHNAI~ oF THE- HousE.

aTld he keeps all of if In order and ruh~ing smoothly; and
he has in charge all repairs and ;:tdditions to the asylum. This officer is faithful and painstaking; his duties require capacity and considerable "skill, and his salary, $r,6oo.oo per annum, is certainly earned \Vhy the engineer of the institution is not classed as an officer, but as a wage-worker~ the committee are unable to understand ; and they recommend that he be made an officer, subject only to the Superintendent and trustees; this seems right and-proper when the assistant steward of the asylum is so classi- fied, with duties and responibilities far i~ferior, though his salary, strange as it may appear; is the same. The engineer should be so classed that his authority may be . in keeping with his employment and usefulness, and though it may increase the ''salary account," it d~creases
. to the same extent the '' wages of employees.'' The ~?) ~~ n de :o us by the engineer is appended- to the ;::estimony.

THE INTERJO!{ OF TilE AS\"LGM-FUkNITURE.
The interior of the buildings, the rooms of the patients, the floors, the halls and the wards are kept scrupulQusly clean ; so, also, are the beds and bedding, the furniture, and, in fact, everything in and around the asylum. The committee have the assurance that this cleanliness always pervades the institution, and is not brought about periodically to please the eye of visiting committees._ For this cleanliness much praise is due to the superintendent and his management, especially when the class of inmates, and the habits of a considerable number of these unfortunate patients is considered, who are unable to care for themselves by reason of their physical and mental condition.
The rooms and furniture for patients in the main buildings and its wings, and in the building for colored patients, are plain and substantial ; the rooms and furniture in the two new buildings are much neater and better fitted up. It must be understood that whilst they are called "convalescent buildings,'' there is really but one ward in each of these occupied and not quite filled up, by male and female

WEDNESDAY, OcTOBER 19, 1887.

'1397

c.onvalest~nts, resp_ectively. The sitting rooms m these buildings are handsbin~ly furnished, and there is quite a contrast between the two- These ne\v building-s also con-tain each a large half used for t'he amusement of patients -music, dancing, literary and theatrical entertainments. The grounds around the asyl)Jm are ample, and in additio!l to the front garden, in which the better class of patients and those who are convalescent are permitted to go, ample space within th~ enclosure is set apart and used for out-door exercise by the inmates in turn.

PATIENTS A:\ll THEil{ TREATMENT.
The grand object to be attained in return for tke vast amount of money expended by the State in the establishment and mainte-nance of the lunatic asylum, first and foremost, is the cure of the patients sent to it; nothing .should be left undone by those entrusted with the management of the institution to accomplish this endnothing should be left undone by the officers in charge, devised by science, or learned from experience and close personal attention, to restore, if possible, the disordered intel!ects of the wards of the State, and return them to the ran_ks of useful citizenship. The Stdte has always been ready to respond to all demands made in bP.half of the asylum, and is always ready to second all efforts in this direction; and, whilst the committee find much that is praiseworthy in the management of the asylum and its inmates, yet they have reached the conclusion from the evidence, which is respectfully submitted with this report, and from personal observation, that the asylum falls short in accomplishing this great purpose to the extent reasonably to be looked for. For ten days your committee most industriously looked into the affairs of the asylum, by personal inspection, and by thorough examination of witnesses, including officers of the institution, employes, both males and females, of every department in the asylum, and disinterested cibzens, always keeping steadily in view to ascertain if the asylum accomplished the great

1398

JouRNAL oF THE HousE.

results intended as fully as it ought and should. From the concurrent evidence of all examined, it is no doubt true that the pat.ients are kindly treated, and every violation of the rules in this respect is visited by an immediate discharge of the offending attendant by the superintendent, if brought to his knowledge. The superintendent is a humane and sympathetic man, and to his honor and credit be it said, no restraining apparatus or violence is used and permitted in governing the lunatics and ffiicted in his charge. Cleanliness and absence of rough treatment are certainly important factors in carrying on the great work committed to an insane asylum, but if not supplemented by a thorough knowledge of the mental derangement of the insane, and the proper scientific treatment of their mental ills and illusions when such knowledge has been acquired by the attending physician through reliable information and close personal observation, and if not aided by proper diet and suitable diversion, the institution becomes a hospital, a place of refuge, it is true, but a failure in its mnst essential mission.
When a patient is received from any part of the State, the attendant in charge, who delivers him to the asylum with the commitment authorizing and requiring his reception, (this attendant, as all testify, often ignorant and fre quently but slightly ;ocquainted with the patient, if at all) is the source upon whom the medical staffdepends for a history of the case. This history, certainly a misnomer, is entered of record, and whilst in special cases the superintendent makes additional inquiries, or is furnished with particulars by loving relatives or friends, the great majority of cases are thus docketed and assigned and treated in accordance with it, until further developments should fail to verify it. This committee is informed that speedy treatment adapted to the needs of these patients is absolutely essential to warrant reasonable hopes of recovery, and hence the importance of accurate and reliable information. The committee suggest as a remedy, that the evidence upon a writ of lunacy before the Ordinaries of this State, be reduced

WEDNESDAY, OcTOBER 19, 1887.

1399

to writing, and be transmitted in every case with the com. mitment, so that all essential particulars might be afforded
to the physician who treats the patient. Four assistant physicians are employed by the State to
aid the superintendent in the medical department of the asylum. Hence five doctors compose what might be termed the medical board of the institution ; yet when a patient is received, when he enters the asylum, he undergoes no examination at this critical time, so essential for future treatment, but without an examination or investigation into his bodily condition he is turned over to the supervisor, who assigns him to his ward, either at his own discretion or upon general instructien, until changed, perhaps at some future time, by the physician in charge of his ward. If it is true that the bodily condition un ~~erlies every display of mental functions, conscious or unconscious, would not the physicians in charge of the insane, by searching and investigating the physical condition first, when received, (and by continuing to do so), be better enabled to further ,the recovery of the mind? The committee are of the opinion that when a patient is received and the evidence taken at the commitment-trial is handed in, the medical board, or a majority of them, at once, or as soon as practicable. should give tht patient a thorough examination to serve as a basis for classification and proper future treatment.

THE PHYSICIANS AND THEIR OFFICIAL CONNECTION WITH

THE INMATES.

Besides the superintendent, Dr. T. 0. Powell, four assistant physicians, as already stated, are connected with the asylum at the following annual salaries:

First As8istantPhysician, Dr. J . .M. Whitaker.

$~,000 UO

Second "

"

Dr. Harris Hall . . .

1,800 00

Third "

"

Dr. L. W. Jones . .

l,llOO 00

Fourth "

"

Dr. .M. H. O'Daniel .

1,500 00

The salary of the Superintendent, Dr. T. 0. Powell, is . 2,500 00

These gentlemen are furnished, in addition, with comfortable homes, light and fuel, and have the privilege of

1400

JouRNAL oF THE HousE.

buying the supplies from the asylum at cost, with five per cent. added to cover freight. These assistant physicians are required to make one regular round per day and to answer special calls to the respective departments. Dr. Whitaker is in charge of the white female department. Dr. Harris Hall has the white male department; Dr. Jones the colored department, both males and females, and Dr. M. H. O'Daniel has the detached build:ngs, and in addition, answers night calls, if any, in the white female department in the main building where he resides, for the physician in charge, Dr. \Vhitaker. These daily rounds are made almost regularly, though one or two days frequently elapse when the physician in charge fails to do so. The almost unbroken testimony establishes the fact that these rounds on an average consume not more than two hours per day; and whilst it may be sufficient to prescribe for the physical ailments of ele inmates who complain of bodily ills, how can the physician in charge acquire the intimate knowledge of the patients' mental condition without the most intimate daily intercourse with them? If the mind, as declared by an eminent alienist, is the last, the highest, the consummate evolution of nature's development, and therefore must be the last, the most complex and most difficult object of human study, how can these physicians on these rounds familiarize themselves with the mental anomalies and aberrations which have brought the inmates under their charge? The committee entertains the highest regard for gentlemen engaged in the practice of medicine; their calling and the ethics governing their profession an: second to none; but toil and close attention is required from all men in the discharge not only of public but private trusts; and to keep abreast with the demands of the public those in the profession who would not fall by the way-side, pay for success by ceaseless work. The committee entertain the opinion that each assistant physician should be required to remain in his department and with his patients at least six hours each day. The committee believes that the proper enforce-

WEDNESDAY, OcTom:R 19, 1887.

1401

ment of such a rule would be followed by most beneficial results. Whilst these physicians may have to answer in addition occasionally night calls and special calls, these rarely occur; most of the patients are in buildings attached to their residence, or are accessible in most convenient distance, and hence they are not required to face the inclemency of the seasons to which their professional brethren are exposed when traveling along the streets and roads night and day to bring relief to suffering humanity, and to earn a support for themselves and families over and above the heavy expenses incident to their calling. This is not an excessive requirement, if love of the grand work would not seem to dictate it; and if those who are intrusted with the keeping and management of the institution will look around and watch the ceaseless tasks imposed upon the Supreme Judges and other officers of State, and will take into consideration their salaries and expenditures, they will no doubt indorse this recommendation of the committee.

MORAL TREATl\JEJST.
A great deal was said and testified to about '' moral treatment" of the patients, and the committee, after a calm and studious perusal of the testimony, were forced to conclude that this is but an empty, high-sounding phrase, a glittering generality, if not dictated and directed by the closest familiarity with the mental and bodily status of the inmates, to be acquired as recommended by the committee.
Weekly amusements are provided for the white patients in one or the other of the two halls in the new buildings, consisting of dances and literary and occasionally light theatrical performances by the inmates; this is certainly to be commended as a most praiseworthy feature of the management, but it must be remembered that only about ten per cent. of the inmates participate in or enjoy these recreations or diversions, and that the bulk of the patients are almost, yes in many cases, entirely, without the aid of diversion or employment The only recreation provided

1402

JouRNAL oF THE HousE.

for the greater number of patients consists in outdoor exercise under the supervision of attendants in the enclosed grounds, and whilst they are walked in squads, when the weather permits, no other provision in this direction is made. There are no books in the asylurq for the use of patients, and but a few papers, kindly sent and donated by large-hearted, generous members of the press, circulate. These papers go the rounds, the committee is informed, and are treasured and coveted by the patients. In the report of the Provincial Asylum at St. John, New Brunswick, I 88 I, the Superintendent takes occasion to say: '' Reading matter is almost as necessary to the inmates of an asylum as daily bread,'' and if this is true, it is strange that up till now this great want has not been provided for by the management. If special appropriation for this had been asked for, it would have been made, but when it is found that $zo,ooo.oo has been annually expended for the ordinary and extraordinary repairs, including the purchase of furniture and expenditures of every conceivable kind, there is no excuse for this omission. Books are very cheap and with a small outlay a number of books can be purchased from time to time; books of travel, biography, histories, poetry, numerous productions of literature with wholesome tendencies, and light literature such as novels, carefully selected What a vast help these books might prove to brighten the clouded intellect and call into play the dormant or perverted faculties, if judiciously supplied. A librarian need not be employed, for the secretary of the asylum has ample time to act in that capacity. Very few of the white inmates have employment or diversion of any kind, of course quite a number are not susceptible to any influence; yet why not provide simple, inexpensive gymnastic apparatus for physical exercise indoors and outdoors? Provis!on for light work of an inexpensive kind where the use of dangerous tools is not required should be made; small individual plots of ground might be set aside as gardens for males and females, to interest and employ

WEDNESDAY, OcToBER 19, 1887.

1403

them when they would refuse to work with the asylum force; all these and many other diversions and light employments, such as drawing and modeling in clay, might be devised and provided with scarcely any outlay, and furnish amusement and employment to the inmates. The remedial effect of such employment and diversion must certainly be of great value, and the committee urge upon the proper authorities the necessity to furnish them to the asylum and encourage and direct their maintenance.
DIET.
The diet furnished by the institution to its inmates is very plain, very coarse and very cheap; it is with very little variation as follows :
For breakfast-A couple of biscuits for each patient, {these are machine-made, and on th,_ cracker order,) rice or hominy. beef hash and a cup of coffee.
For dinner-A small pone of cornbread, soup, boiled beef, and sometimes vegetables, such as peas, etc., but vegetables are fery scarce and all agree insufficient.
For supper-A slice of bread with either butter or syrup, and a cup of tea.
In addition bacon is added in small quantities to dinner. Fish are purchased at rare intervals ; occasionally mutton is served in place of beef. For the females and feeble males a limited quantity of milk is furnished-not as much as desired. This is the general bill of fare, rarely changed, rarely varied, and given to all males and females, white and black inmates, except that for the prostrate and feeble, the physician in charge writes a requisition for what are known as sick and extra plates, and upon these requisitions a limited number of very good meals are furnished. There is quite a large orchard attached to the institution, comprising about twenty-five acres. Quite a parade was made of it in the report of the asylum for 1883, as containing by actual count 2, 217 trees-peach, apple, pear and plum-but it is reported now as a total failure; and hence, when in season, and then only occa-

1404

Jou&JSAL OF THE HomH:.

sionally, fruit is purchased when cheap enough and distributed by wards. The institution has a garden, and plants about sixty acres in vegetables, but they are scarce, too scarce, and none are bought. Forty cows are kept with an unstinted allowance of provender, but not half enough milk is supplied to the asylum. Plenty of pasture land is attached to the institution. An abundance of manure, if properly looked after, could be furnished from its stables to enrich the cultivated land and the orchards, and guano is bought and used in addition The committee are ofthe opinion that, if these matters were looked after and diligently attended to by the ones in charge, who are well paid and have ample assistance, these essential articles of food-milk, vegetables and fruits-ought to and could be raised and supplied in abundance. They seem inrlispensable to the institution. Yet the Superintendent testified that sweet potatoes a;1cl beans are an admirable vegetable food. From the evidence, it appears that the fare is almost without them. It was admitted that a greater variety of food is desirable and that prope~diet is of great service in the treatment of the inmates; that food suited to the physical condition, and in proper variety, is not only essential to the body, but would exert a beneficial influence upon the mind through the brain; and yet, unless patients suffer bodily and are prostrated, the fare described is the dietic treatment they receive. The Superintendent testifies that he would gladly have mutton instead of beef oftener. \Vhy is it not furnished? Why are not beans and sweet potatoes, and dried fruits and vegetables, purchased when the garden fails to furnish them? They are certainly cheap articles of food, none cheaper. The cost of subsistence would scarcely be increased, if at all, and the committee would earnestly urge that it be done.
The bulk of the white patients are in the main building and much complaint is made as to the manner of cooking and serving the food; the food is much better prepared and served in the new buildings. Whilst this may be

WEDNEHDA Y, OCTOBER 19, 1887.

1405

accounted for. there seems to be a lack of supervision in this respect, and the committee recommend that the physicians in charge be required by daily inspection to remedy and prevent this evil, and that in turn they be relieved from showing attention to visitors, making requisitions for clothing, and other minor duties as set out in the evidence, which should be looked after and properly attended to by the supervisors and head attendants.
BURIAL OF THE DEAll.
In or about March, 1X85, a white lady was buried in the graveyard set apart for colored inmates, while a colored corpse was interred in the graveyard set apart for the white inmates. The relatives of the deceased lady were at the asylum ; the mistake was discovered and rectified; but such mistakes would certainly iwt occur if the physicians in charge of the asylum were required, as they certainly should be, to look in person after the burial of the dead.
John W. Wilcox, the former engineer of the asylum for anum ber of years, testified : '' Under the plan they followed when I was at the asylum the chances were, when a male and female died at the same time, that the male might go to the female cemetery, and the female to the male cemetery. That could only be avoided by personal attention from one of the physicians, and that was not given." The committee urge the adoption of his suggestion; and if a permanent chaplain is employed, as recommended, this duty would, of course, devolve upon him. The committee also urge that iron slabs, properly numbered, as suggested by Mr. \Vilcox, be used to mark the graves of deceased patients, which would be inexpensive and enduring.

THE INVESTIGATION.
When your committee went to Milledgeville a request was made by the officers of the institution to be present ~t the examination of all witnesses and participate in it m person and by counsel. This request is appended

1406

JouRNAL oF THE HousE.

to the testimony. No charges were pending against the

officers, and hence, in response to that request, the com-

mittee passed the following resolution:

" \ \' HEREAS, A request has been made by the chairman

of the Board of Trustees and the superintendent of the

Lunatic Asylum, through their attorney, Robt. Whitfield,

Esq., that the institution, its Board of Trustees, and its

officers be represented by counsel, and that the trustees
the superintendent, or any other officer of the institution'

be permitted to be present during the investigation now

to be had by the special committee appointed by the

House of Representatives, and that they be permitted to

be heard by counsel and in person; and

"\VHEREAS, This committee has been appointed by the

House of Representatives to investigate the affairs of this

institution, without reference to any charges, and no

charges are now pending against the institution or its offi-

cers; therefore. be it

Reso!z,ed, That the investigation be conducted in the

presence of the committee only, in order to facilitate and

expedite the investigation, unless the testimony should

develop matters derogatory to the management of the

institution or against any of its of-ficers; in that event the

testimony taken shall be disclosed to them in order that

they may have the opportunity to rebut any testimony

that has been offered, and they shall be accorded a full,

fair and impartial hearing by themselves or counsel before

any conclusion shall be reached by the committee and

reported to the House."

.

This resolution was submitted to the officers and their

attorneys, Judge Sanford and Robt. Whitfield, Esq. It

was satisfactory to all, and an examination of the testi-

mony will show that it was fully carried 0111t, and the offi-

cers were heard in person, through their attorneys and wit-

nesses. To obtain a thorough knowledge of the institution, ~t

was determined to interrogate the employes of the van

ous departments; and though it seemed objectionable to

WEDNESDAY, OcTOBER 19, 1887.

1407

the officers, a perusal of the testimony will show its importance, and its truthfulness will become apparent, as in the. main concurrent, and the witnesses had no opportunity to confer together. Upon these supervisors and head attendants depend, to a great extent, the welfare of the asylum and its inmates, and we found their testimony valuable, intelligent and generally fair. These employes are absolutely dependent upon the officers for the tenure of their office, and hence they merit approbation for the candor and readiness in which they responded to the inquiries, and should receive this approbation at the hands of the officers.
The superintendent and the officers of the institution extended to the committee ready assistance in carrying on the investigation; but in one instance, it seemed that the first assistant physician, Doctor \Vhitaker, exercised the prerogative of his office to influence the introduction of evidence. The testimony discloses how roughly he accosted Miss Moseley, whose evidence was damaging to him, and how strenuous his efforts were to impeach her. Miss Moseley was corroborated in most of her testimony. She, however, stated that Dr. \Vhitaker had not made his rounds at intervals of four days. In this she was not sustained; she might have been mistaken. All, however, admitted that intervals of two days occurred.
The witnesses introduced by Dr. Whitaker, after consultation with him, were harsh in impeaching the young lady and very laudatory in his behalf; but her character was sustained by disinterested citizens ; and as the testimony goes to the public, we think justice demands at our hands to say that we do not believe that this young lady was guilty of a deliberate falsehood. We will also add that if the witnesses against her testified truly, one being a matron of the establishment, no censure is too severe for the action of those who detained her for months in the responsible position of special attendant upon a lady with strong suicidal mania.
The committee regret that the time they could devote

1-!0R

JouRNAL OF THE HousE.

to the investigation and the report was limited by the imperative demands of other duties with which the other members of the House are necessarily familiar. The appointment was made late in the session; they devoted ten days to the investigation ; it took considerable time to get the evidence transcribed, -nearly three weeks, the collection of the evidence and making up the report. All these matters hindered and delayed the committee. It would have been a labor of love to the committee to qualify themselves by reading and by conference with physicians and specialists for the work incident thereto ; yet while compelled to enter upon this investigation without due preparation for the work, a great deal of which is not within the sphere of their avocation, the committee left nothing undone to furnish recommendations and suggestions which might prove beneficial to the asylum and the State. The suggestions made in regard to the medical and dietic treatment must, of course, be crude and unscientific, but they are made in the honest hope that whilst deficient in method and learning, they may lead to results which will insure to the inmates of the asylum increased facilities for restoration. The committee reiterqte that they found much that is praiseworthy in the management of the asylum, but believe it susceptible of improvement, and trust that it may be made, whether as indicated by the committee or in some other way.
In conclusion, the committee beg leave to append to the report, as part thereof, a letter from Dr. Kenan, who was named 2s its chairman. As stated therein, when the committee reached Milledgeville this gentleman voluntarily retired from the chair. During the investigation he displayed no prejudice or bias, left the examination of witnesses almost entirely with the committee, and took no part in the deliberations touching the report. Whilst we would have been glad to avail ourselves of his knowledge and training as a physician, he being the only doctor on the committee; we appreciate his motives when he made his

WEDNESDAY, OCTOBER 19, 1887.

1409

intention known, and could but concur with him that
uncier the circumstances his course was a proper one.
Respectfully submitted. Lours ARNHEIM,
w. S. HUMPHREYS,
GEo. R. BROWN.

HousE oF REPRESENTATIVEs,

(

ATLANTA, GA., October 12, r887. f

To Holl. Louis Amheim, Hon. W. A S. Humphries, lfoll. George R. Brown, Specz"al Committee of the. House of

Representatives on the Georgia LuJtatz'c Asylum:

GENTLEMEN :-As a member of the General Assembly,

one of the Representatives of Georgia, actuated by a sense

of duty superior to personal considerations, with but one

purpose in view, to serve my State, to serve my country

faithfully and uprightly and without fear, favor or affection,

I urged upon the House of Representatives the necessity

of a thorough investigation of the Lunatic Asylum, near Milledgevile, Georgia. For twelve years I had

been connected with this institution; hence was

thoroughly familiar with its working and operations.

When there, I constantly urged the necessity of

reform, and in return for my earnest endeavors to el.evate

the medical opportunities of the asylum to the proper

standard, I not only incurred the enmity ot my colleagues,

who preferred ease to improvement, but finally had to

abandon the work in which my heart was enlisted, and

.to which, as First Assistant Physician, I had cheerfully

devoted the best years of my early manhood. The great

heart of Georgia has provided a magnificent institution for

its insane, idiotic and demented citizens. Bountiful

annual appropriations flow into the coffers of the asylum,

but the asylum, in my opinion, when connected with it, did

not, nor does it now fulfill the great trust given into its

keeping; it fell short then and falls short now in failing to

afford its inmates the medical and dietic attention they
89

1410

JotJRNAL oF THE HousE.

should receive. How could I be silent when I knew how little was done for the unfortunate inmates? My heart, my manhood, rebelled against the advice of friends who counseled masterly inactivity. The House of Representatives heeded my admonition : they were not deterred by appeals to courtesy, but appointed the committee to look after the wards of the State. I accompanied you to Milledgeville and to the asylum. You will bear me witness that I laid aside all personal pride and considerations. I urged upon you the propriety of electing Mr. Arnheim your chairman. I never would have accepted my appointment but for one consideration, and that was my intimate knowledge of the asylum. I did not take an active part in the investigation, but whenever necessary or required, gave you the benefit of my experience. Gentlemen, the investigation is closed, you are in the possession of the facts necessary to make an intelligent report ; my object has been accomplished. In your hands is the weal or woe of r, 310 inmates of the asylum, and those who will take their places. I believe you are honest and painstaking, and hence I leave the report with you, and beg leave to retire from further connection with the committee. Whilst I feel I am impartial, while I am conscious that no personal animosity or spite would control me, yet I fear that the bitter hatred and bitter opposition shown to me by those in charge of the asylum might influence my judgment, and hence I will not take part in your deliberations, and with you confidently leave the final deductions to be made from the evidence adduced. As in the past, I will not heed the assaults " of interested parties, and with the ennobling conviction that I have done my duty, whatever may be the result, and that when I go back to my constituents, I can return the trust inposed in me without blot or staiin.
\Vith sentiments of regard and esteem, I am yours respectfully, THOMAS M. KENAN, Chairman.

WEDNESDAY, OcTOBER 19, 1887.

Hll

PROCEEDINGS.
STATE LuNATIC AsvLu~r. MILLEDGEVILLE, GA.,
August 25, 1887. The Special Committee of the House of Representatives of the State of Georgia, appointed and authorized under House resolution No. 138, agreed to by that body August 3, r887, met pursuant thereto at the State Lunatic Asylum, Milledgeville, Ga .. August 25, 1887. Said resolution is as follows: "WHEREAS, There are a number of patients now in the Lunatic Asylum at Milledgeville who are reported as well enough to be discharged, but owing to the form of commitment the ~uperintendent cannot discharge them; and "WHEREAS, The appropriation for water supply is not sufficient, and the full capacity of the institution for the reception of patients not bt ing fully known ; therefore be it "Resoleed, That a .committee of five be appointed by this House to visit the lunatic asylum and make a thorough inspection of the asylum, and report the spare rooms and beds, the progress of the artesian well, and all other matters connected with the proper management of the asylum; and that the committee be empowered to call for all books, papers, witnesses and officers, and swear the same, and that the testimony received therefrom shall be embodied in the report made by said Committee." The committee consisted of the following members: Messrs. Kenan, Felton of Bartow, Brown of Cherokee, Humphreys of Brooks, and Arnheim. Present: Messrs. Kenan, Brown, Humphreys and Arnheim. Mr. Kenan having requested to be excused from acting as chairman, Mr. Arnheim was elected by the committee chairman pro tem., and presided. John ;\1. Graham acted as clerk.

141:2

JouRNAL oF THE HousE.

Robert Whitfield, Esq., of Milledgeville, Ga., appeared before the committee, and as counsel for the President of the Board of Trustees and tor the Superintendent of the lunatic asylum, presented the following application:
To tlze lfon. Clzairman Lunatic Asylum Investigating Committee:
As President of the Board of Trustees for the lunatic asylum, and as the Superintendent of the same institution, we beg to submit the following request, to~wit: That. as the resolution under which you are acting seems to provide for a general investigation of the affairs and management of the asylum, and as the author of the resolution has, more than once, in the House of Representatives. charged mal-administration, both upon the Trustees and chief officers of the institution, if indeed he has not charged in substance peculation and corruption, though not in terms; and as all the matters of enquiry deeply concern and interest the entire people of the State; and as the good name of every member of the management, officially and individually, is involved in this investigation, and the charges and insinuations ancillary thereto;. and while not only inviting, but courting and demanding the deepest scruting of their official and personal conduct, at and about the asylum, they ask that each and every officer, from the highest to the lowest degree, be permitted by your body to be present during your sittings in person or by such counsel as they may select. The undersigned further represent that they desire nothing done in secret, but pray that the investigation be as full and as public as the interests concerned shall demand.
T. F. NEWELL, President. T. 0. PowELL, Sup't, etc.

The foregoing application was considered by the committee, and the following resolution adopted:
''WHEREAS, A request has been made by the chairman of the Board of Trustees and the Superintendent of the lunatic asylum, through their attorney, Robt. Whitfield,

WEDNESDAY, OcTOBER 19, 1887.

1413

Esq., that the institution, its Board of Trustees and its officers be represented by counsel, and that the trustees, the superintendent, or any other officer of the institution be permitted to be present during the investigation now to be had by the special committee appointed by the House of Representatives, and that they be permitted to be heard by counsel and in person ; and
"WHEREAS, This committee has been appointed by the House of Representatives to investigate the affairs of this institution without reference to any charges, and no charges are now pending against the institution or its officers ; therefore be it
Resolved, That the investigation be conducted in the presence of the committee only, in order to facilitate and expedite the investigation, unless the testimony should develop matters derogatory to the management of the institution or against any of its officers; in that event the testimony taken shall be disclosed to them in order that they may have the opportunity to rebut any testimony that has been offered, and they shall be accorded a full, fair and impartial hearing, by themselves or counsel, before any conclusion shall be reached by the committee and reported to the House." This resolution was read by the chairman to the applicants and their counsel, Messrs. \Vhitfield and Sanford.
An application was made to .the committee by certain members of the press to be allowed to be present with the committee during the investigation. The application was considered and the conclusion reached by the committee was announced by the chairman as follows:
THE CHAIRMAN: Inasmuch as matters may be developed during the investigation which may be embarrassing to inmates or their relatives; and moreover, as matters may come up which may be susceptible of explanation or rebuttal, but which may be damaging to the institution or its officers if allowed to go to the. public before being duly sifted and investigated, the committee deem it but proper at this stage to decline the request.

WEDNESDAY, OcTOBER 19, 1887.

1415

EVIDENCE.
1. J. LAMAR, Steward, sworn.
(Examinerl by Mr. Arnheim.l
I am 1:-\teward of the Lunatie A,;ylurn, and have held that posi-
tion since November :!Oth, 1885. 'l'he Superintend'mt, Dr. Powell, has not been given any extra. allowance by the Board of Trustees t.hat I know of until this year. About the tenth of last .January his two hor,;e;; were sent to the lot to he fed; om of the pair died about three months later, since which time he has had but one horse there. It is fed at the expense of the institution, but ha.'! been used by the State, being drivt>n in the State carriage when the carriagt> was needed--not every day, but when we have to send patients to the depot. Chw of the pair belonging to the State and used for that purpose is lame ancl has not been u~<erl for a month or two in the !'arriage.
I am entitled to hor:;e feed and so is the Assistant Steward, Mr. Hollinshead, according to a resolution to that effect.
The Assistant Steward's salary is $1,500, and, in addition to that, he is allowed two meals a day for ~Six days in the week. which, according to the rate of board fixed by the Board of Trustees some yeal'!! ago-$10 n month-- would be worth eleven eentR a meal, or abont $5.30 a month. He gets horHe fl'ed for one horse. He has the privilege of buying supplies and provision~-; from the institution at cost, with fivl' per eent. adrled. He buys from the :<tonkeeper of the institution.
His duties are to look after the eow~, to see that tlll'y art> milked and fed; and he haH charge of the dairy. HI' haH a dairyman and a boy to a~sist him. He also has eharge of the tearn8, l1eeps the time of the wagoners and sees that thep give their whole time to tht> State, and he keeps the time of the carpenter and the hands at the laundry. He keeps the time of the two colored hands, .Tim Hogan and Butts Davis, who work out with the colored inmates. He looks after the measurement of the wood we buy; we haveeontmcted for wood to be delivered in the yard, and when it is hauled here he measures it. He also weighs all. car load lots of goods for tlw institution- --bacon, hay, ete.,-thmg!< that the 8torekeeper down Htairs cannot weigh on the small scales. He weighs out provender at the lot for any of the officers who want to buy, and returns the amount to the storekeeper to be charg~d on their ae!'ounts, and in buying any hay, straw or fodrler he Weighs that and returns the amount to me. In the absence of ~he storekeeper or myself he is expected to fill our places, but that 18 a very rare thing. I think I have lost less time than any officer connected with the institution. 'rhe Assistant Steward does not pay any bills during my asbence, for nobody draws any cheeks on

1416

.JouRNAL OI<' THE HousE.

the 'l'reasu~er Pxcept the Steward. He does not keep my bookM,

and attends menly to the other part of the busineHs. He is fur-

nished with a dairyman and a bov also to do the milking and

Allen Spriggins, an inmate of the iiu;titution also helps. ' Q. His work is meehanical "! A. Ye~<, I sh1ould say.

There are six tPamsters under him- five wagons hauling coal

and wood, alHl Hobby, who goc>' to town. \Ye do not always have

that number. Four carpenters are regularly emploved-1'-'ummers

the two Hubbards and \Vhitman.





'

. Q.. He doe~ not ~uperintend tlwir work, hut simply I'eep>< their

tune'! ~ 1 e,;; _Jw does not ,;uperintPml them ull, beeau~e they
are workmg at rhflerent phl<'e~ at the ~anw timt. To ~uperintend

them would take up his whole time.

_ The carpenter~ han lwen eon"ideretl nlwuy~ as bt'ing under the

~tewnnl; that i,; the pay i>< fixed by tlw 1'-'tPwanl, but the Rulwrin-

tendent draw,.; requi~ition,.; to have thl' work dmH'.

I considPr :\Ir. 1-Iollinshend an "a nmnber one" man. Hr i" not

required to gin bolHI. lam the only oftiePr lw:<ide:< the 'I'rea~urer

who is requind to gin bond.



:l\Tr. Holling>'head i~ a tir~t I'OU:<ill of Dr. \\'hitalur, thl' First

_-\ssistant Phvsi('hlll. The ('tlrpeiiter~ nrl' "-hite llll'Il. :-;umnicrs is paid :":! Jll'r day,

vVhitlllllll :-:1.10, OIIC of tiH Hubhanls :"]..-,o, awl the othtr Sl.2ii.

'l'hev board thPmselYP>'. Tlwy are eu!!n~.:pd hl'n' all the tinll' and

are i;ept buRy. For t hl' ll""'t tlu2e or i'otlr Ilion tits Wl' have had to

hire two or thnP extra cnrpenters, and thPy an employed lwre

now.

l\Iy salary as ~tl'";ml is ::-:::,ooo. I a111 n,.pon;;ihk for thP finan-

dal IIIaiH(!!'I'Illt'nt nf till' institution. I ktep all th1 book~ iu the

Steward'" ofliee. Till' ,.:nppli('>< are put in I'IH1rge )f tlw tore-

keeper, and 1 Hill re~ponsihle for his cmidmt to tht> Board of Trus-

t-ees. I do all tlw lni~ing for thP institutillll, draw I'IHel;s on the

Steward aJHl make out the vou(hprs and dupli<atts. On the lOth

of each month I n~:tk1 a staternput and st>n<l it to thl' Treasurer,

aud Ill' fompares that "ith hb bool;s.

Tlw entri<s on my book,; for "li)J]lliP:< aHIOlllited last yt>ar, from

Octolwr, Js.~:;, to 0\'toher, lHHii, to "G:!,OOO or :"ii:l,II(HI. The n'port

will ><how tlw Pxact figures.

\Vhl'n :\lr. Hollin:-:hcad wa"' llHHh' a,-8i~tant, the <'lwral'tPr of the

ofiic<' l\1 r. Hiet now hold:< was ehanged- the storekee)ler'~; that

was called tlw assistant's ofti1'l' up to that timP. I was A~:<istant

Steward. ::\[r. Orme hdd tJa, place now filled by :\Jr. Hollinslwad before I came hl'l't'. :\Jr. Omw rt>edvt>d :'-:1 ,OilllllPI' yenr ~alai'Y, fuel, light and quarters, with the privilegP cf bnyiug :<tlpplil's from ~he

institution at <o:<t, with fiYI' per cent adde1l. I was deded Assist-

ant Steward in Oetober at the aunual l'lection, to he en lied into

duty whenev<'l' tlw Steward npeded my serYiet'S. J did not com<'

out here until the following February. I wa,; paid :!'1,000 per year

with tlw priYilege of buying my supplies from the institution at

cost, with:; per ceut. added. 1 did not get fud, light;-; or IJUa~tersas

Mr. Orme did. \Ylwn I l'aJlll' hPn' :\fr. Orme was put outside..
Iu addition to making out all the voucher,.., r make the duph-

eate vmwher" whieh m;t' sent to tlw exeeutin department, at Atlanta. I keep the pt'tty cash aiH1 all other bool's pertaini~g to

my ofli1e. 'l'he pay-rools are made out by Mr. GrievP, the pnvate

seeretary of the Ruperin tendent, and he draws the clwck" and I

sign them after they have been approved. Q. Art' you kept' very lm:<y ';' A. From certain time~ in the
month- from th(' fir><t to the t1mth of the rnonth~say from the

WEDNESDAY, OcTOBER 19, 188i.

1417


twenty-eighth to the tenth, I am pretty busy. And then when the Trustees came on the twentieth of the month, I have a statement to make out. 'l'hey check the vouchers off, and the dupli-
cates are sent to the Executive Department at Atlanta. Q,. You have but one assistant-that is Mr. Rice, the store-
keeper; ~Ir. Hollingshead is of no assistance to you whatever'? He is of very great help in looking after the outside work.
Q,. I mean in your proper department-the financial management or anything of that kind. A. ~o, sir; nor Mr. Rice, either.
Q. State what :\Ir. Hice's duties are and what salary he gets'? A. }\<lr. A. H. Rice, the store-keeper, g-ets ~800 per annum and feeds himself. He is responsible for all supplie;.; to the Rtcward, weighs all supplies as they come in and go out, fills all requisi-
tions, keeps a record of all his transaction;.; aurl keeps it in good
form. He is a verv efficient officer. Q,. You have a garde1wr employed in the institution; state hi,;
salary and duties'.' A. He is paid :P70 per month, is furnished with an animal to ride, which the t'tate feecls, and is allowed to
buy his supplies from the im;titution at cot<t with five per cent. added. That is all, I think. He eultivates, I think, eight.v acres
of ground; he has charge of the labor of five and a half hands. I cannot say whether he doL'S or doe" not do any manual labor himself, but I do not think lw <loes. lie lives about a mile from
here; when he cat,; here he pays for his meab-two meals a day, twenty-two cents; lw iB not h~re on Sundays. He looks after the ~rarden exelw-lively, winter and sunm1er.
Q, \Vhat are tlw hands paid who work in the garden: .\. Fourteen dollars pl'l' month, and they hoard thpmselvcs.
Q,. \Vhat do tlwy raise in the garden'? A. \Vl' have onions, potatoes, beans, squa,.;hes, okra, beets, buttPr-bean,; and stwh things :IS arp raised in almost any garden. '!'hey plant corn; I could not
state how rnueh; in the winter they ,.;ow tum ips; they cornmeJH'e early in .January to prepare the land, break it up and fertili:l:e it
in Februar.)' aiHl commenee to plant onion,.,, Irish potatoes, et<. Q. How much guano i:-; furnislwcl the gardener'? A. About
eight tons tins year. \Vlmt hl doeR not haul out ~~ r. Hollingshead hauls out to use on hif.i oat crop.
Q. V\'hat did tlwy pay the predecessor of .i\11. ( 'ook, }[ r. H tllllphries'? A. I think they paid him :i:'i'iO per month and he livt-<l iu one of the houses that belonged to tlw inRtitution.
(-!. (By Hr. Ktnan.) Does it strike von from your intimaey with
the kitelHn, that the vegetables an measured, sueh as top's, bottoms, etc.? A. I do not know how they are measnrl'd. :i\Ir. Harper. and Tom Wilson can tell you about that. I go through
the .cuh_uar;Y department c,ery day; that is om of the rules of the mst1tutwn. I do not go to tht- negro lmildings every da~, hut go Yery often.
. Q.. Do you hear any eornplaint from them about their not hav-
mg vegetables enough, or of the vegetahl;s being too old h<'forc
they get them'? A. YeR; I have heard them <'omplaiu of that. I have he~rd ~lr. Whatley, the head cook, Hay the eoru wa,; too old; that 1t had been lupt in the field until it was too har<l to eat, and that the vegetables were seance at tilll~'s. \V <' do not get as many vegetables as Wf> would like to have for the institution.
Q. Do .,;vou frequently buy vegetables, potatoe,.; and things of that sor~, A. )if o, :-;ir; I do not think I have bought any vege~bles smce I have been stewarcl. Mr. Hannnond has bought a ew greens and peas. I do not remember posithely whdlwr l have bought any, but tlw vouchers will show.

1418

JouRNAL oF THE HousE.

,. Q Who takes out the inmates to the garden to work? A. Mr. 1-iunp,;on, an employe, who gets $300 per year and his board. .

. Q. How many acres are now planted in potatoes? A. About

fifteen acres, I think, were planted last year. After Mr. Hollins-

ht~e aod ecroupt;,t; hteo go ea tt hs

off er.

he planted some potatoes, too and we had \Ye had potatoes, I think, al't through the

wn1ter.

Q. D.o ,.rou pur?hase the medicine:-: for the apothecary shop and the sp~l'ltuous hquors '.' A. I do. The spirituous liquors are

placed m charge of 1\Irs. Darnell, the matron, by direction of the

Huperintendent. \Ve haYe heen buying a very small quantity of

spirituous liquors; it wa!' a <.>onsiderable item before it was cut

down, up to the time I WPnt in. I commenced by getting a

,.;mall quantity at a time, a gallon at a timP, and turned it over to the matron.

Q. Have vou ever seen any of the officers of this institution

under thP influeiHP of what you supposed were intoxicating

drinks, and if so, statE' their names'! A. I have seen the Secre-
tary, ~lr. Griew, repeated!~. r could not ;;wear that I have seen

anybody else.

(.),. HaVE you known of any instanee in which Mr. \Vest, the

apothccar.' of the institution, has been under the influence of

intoxicatiug liquor"'.' A. I cannot swear that I know it, sir.

Q. \Vere you present some time since when he had something

like vertigo: A. Y e><; I saw him fall and I ran up stairs to get

one of the physicians. He told me that Dr. Hall had directed

him to u;::e atrophine and I ><:tw him with an hyperdermic syringe.

He reeeived an injury to the spilw by u fall from a trapeze some

.rears ago, and had neuralgia and sometimes went up-stairs sick. I han ~een him take a drink, but have nevlo'r known him to be

drunk or" tight" since ht has been an officer of the institution,

that I know of. I huve seen him in ~fill<'dgeville before he came

to the institutiou. (.),. How i~ the liquor given out'.' .\. l~pon a written requisition
from om of tlw ph~':<icians, and tlw store-keept'r keeps those rquisitions and i;.; able to a!Cotmt for !'very ounee. ff he is no~,

lw has been twglectful of his duty, and I do not think that be Is

that kind of a mm1. I told him he eould not he too partieular. Q. \\'hat is tlw salarv of ~fr. \Vest, tlw apotlweary '? A. $1,250,

ftwl, lights and quartei:s. He i>< in hi>< offi<<e to fiJi prescript!o!ts

wlwn the ph,vsicians make their rounds in the morning; he ISm

hi>< oftiet pari\, and is ore of the fin;t officers up. When I get

out bert in tile morning and ram out here by ><tilt up or a little

lwfor<' l\Ir. Grieve and ;\lr. \Ylst are about the only two officers 1 see. I do not know what tim the phyHieians ~tart tlwir rounds,

hut T think it iR ahout nine or half-past nine.
q. Do you evei" ,...,., physieiam; in the apntlweart~ office filling preseri ptions '! A. Y<'><, sir ; r cannot say wlwtlwr It IS of frequent

o<cu rrenct<, for I do not go there V<'ry oftl'n.

.

(1. How are the medieines bought'.' A. \Ve do not advertise

for them :s wt do for ;;upplie;;. 'l'ht apothee<ar.v makes ~JUt a

mPmorandum of what is 1wedt<d and give;; it to me. I eopy It and

file tht< nwllwrnndum for my own protection, and when I have

ti mP to Hend olf and get prices I do so, and wlwre I have not the tiiii<' T am forced to buy the supplies in Milledgevil,le. ~II the bill~< in the medical depattnwnt are approved by the Supermtend-

l'llt. He <loes not approve any of the other accounts. I have

only bPen buying the medieal supplies for the last few months.

H!'f'orP that. tlmt> Mr. \Vest did hiH owu buying.

WEDNE~DAY, OcTOBER 19, 1887.

1419

Q. About how much do the annual purchases of medical sup-

plies amount to? .A. Thl' purchases aYerage about $4,000-

between $8,500 and $4,000. Q. Give the names and salaries of the m.;sistant physicians'? A.

There are four assistant physician;.; ; Dr. \Vhitaker, the first assist-

ant physician, has a salary of $2,000. He is in charge of the female department of thl' convale>~cent female building. I ~'\bout one hundred female inmate~"<, in the det~ched building, are under Dr. O'Daniel.) Dr. Hall, the :<eeond as>~istant, has a salary of $1,800,

and he ha;; charge of thP white male department, except the

detached male building. In the detaehed male building the

inmates are under the (barge of Dr. 0' Daniel. Dr. Jones, the

third assistant physidan, ha"' a salary of Sl ,600; he has charge of

the entire colorNl department. Dr. O'Daniel, the fourth assistant

physician, has a salar.v of $1,500. He has less patients under hho~

regular charge, but I think lw does as IIIIH'h work or more, than

any physician ('onneded with the institution. He answers Dr.

Hall's night-calls and Dr. \\'hi taker's night-t'alls. Those gentle-

men do not an~we night-ealls in this huilding, 1 think, but they

do in their respective buildings whlre they reside. The physi-

cians are all furnislwd with fut'l, lights and <JUarten.;, and can huy

supp.li.es from the institution at eost with five per cent. added. Q. Rtate the salary aiHl dntie"' of the ~Pcretary, Mr. Grier'! A.

His salary is S:l,OOO, beside::; fuel, lights and quarters--he pays for

his own hoard. He i~ the private seeretary of the Superintend-

ent; he does all his correspondence, copies all the letters, is st"cre-

tary for the Roard of Trustees, keep:,; their minutes, keeps up the

minute books and the books in the Rnperiptendent's office. 1

have some little idea of tlw amount of eorrespomlence from the

stamps furnished, and I should think the lettPrs would average

about fifty per day. I think he uses about two packages of envd-

ope~ per day on Hll twerage--corresponding with farnilie" of

inmates, ett'.

Q. You ::;ay he is intoxieated rweasionallv '! A. Ye,;. I will

state in justi"Cl' to him that Mr. Grie\'e was sent lwre year:-; ago as

an inmate; he wa~ an offieer when l t'ame hl'n'.



Q. What does the Superintendent, Dr. Powell, do . A. 1 do not

SCI' him every day. l have been out lHn the or ,;ix days without

seeing him, but during that time [ ,.;uppose lw is here. T draw

cheeks and send thf'm to him, when ne<"essary, ttJl(l he approve,;

them, and I do not go to his office myself.

Q. h the Superintendent furnished with a H<'n'ant ? A. Yes;

he has a boy, Jeff HnrpPr, who al:;o wait" on the Trustees and

attends to the telephone; he is furnished by the institution and gets $12Ji0 per month and hi" hoard. '!'he ~uperintendlnt has no

cook furnished him, and no other attendant" fumblwd that I

know of. He is furnished with fuel, lights and quarters.

Q. How many persons eonnectl'd with the institution an there

who are entitled to pureha,;p their supplies from the institution'!

A. Fou_rteen; hut they do not all buy from the institution.

Q. What do their punhases from the institution average"? A. I ~hould My :i!i.'lOO pPr month, though it may not he quite that.

Q. And the money vou rrweive in that waY from them forms
part of what you teni1 il "t,ontingent. fund?" ~~- Ye~, petty cash.

That forms all I reeeive except the board of the speeial attendants

who pay $7.50 per mont.h hoard, and the board of the officers. '

Q. How much is that altogether"? A. I suppose $i4,000 or

$4,500 per year; that is expended as petty cash. It is examined every month b~ tlw Board of Tn.tRtees and approved.

1420

.JouRNAL oF 'rHE HousE.

Q. That iK spent for the use of the institution '? A. Yes; the
larger portion goes back to subsistence. Q. Are ~he inma~es all_owed to exp~nd money, or to get money
~rom relatives ?r fnen?s .' A. :rhere IS an account kept with each mmate who Is furmshe(~. With money. The private deposit a_ccount amounts to about :$1,~00, and I keep that in ~he First Na-

tiOnal Bank of Macon ; that Is, the balance I have on hand. I

get each month about what they ~peud.



Q. About what is the amount spe11t for these people in that

way'? A. The best answe1 I can give b to refer to the balance in

this book--about $1,200; I cannot Kay how much they receive or

expend annually without taking the time to examine and make a statPn~~nt; T do not think it wou~d be more than $100 per

month, If you take out the pay of Kpecml attendants, which they

pay for. You can set~ what they get from the little items in thi~

book. 1 Exhibiting. _1 They get eggs, ehickens, fruit and l'!ome little thiugs ill town. Ou the ~Oth of each month this hook is

balanced, a1Hi thP 'l'rustees examine the account on the 20th of

each mouth, and can there ascertain the amount due each patient

and the amount expended. A patient might spend :';5.00 one

month, Sl.UO the next and the next not a eent. This money is

expended on requisitions from the physi<iuns. These are extra;;

that tiH: :-ltate dms not furnish. Tlw spetial attendants are fur-

nished at the expeHHe of the inmat.eH they attell(l. Those who hmp no money furnished them from outside are

furnished with extras when they are siek or need them upon the

preseription of t.lH physieian. I luy apples, peaeiws, chickens,

etc., and wltPn tggs are eheap T huy them. '\'ou will find from

examining the acc<iunb that all these things arC' bought by the I-'tate. \\' e huy tlwm all alon~-t as we can buy them; we buy them

in sem;on and \\heu they are eheap. Our orchards docs not sup-

ply the inmates with all the fruit needed. "'hen fruit first comes

in and is high 1 eatmot buy it ; hut when it gets cheap enough

I do ,.;o. I do not. eonsider that tlw orchard here amounts to any-

thing. The patieut>< are allowed free apcess to it when there is

any fruit here, an<l tlwy help them,.;elv<~>'. Q. You have eousitlerablc woQt]]aud attached to the a~ylum,
have you not'! A. 'fhe :-;tate owu,.; about a,ono a(res of land, but

there is Ycry little wood oil it now. Q. You huy your wood'.' c\. Tin

:-itatl'

fumi~hes

the

wood

from it,; ow1; l~md, hut \l'l' pay for the euttiHg and hauling, and

this year we a1 paying :-oil./.) a eord. :\Iost of the wood i~ ab~mt

four milts from the asylum. The teams belonging to the mstitu-

t.ion are oeeupied most of the time in hauling ''oal. It takes about six months to haul tiiP eoal. I t.hiuk our first <oal was. 1-1hipperl the third of ~lay. \Ye pay seventy-tivt' <ents a cord for

eutting it. It Posts ::<1./.-, dPlivered hen. \Ye get the wood now

at forty-fiYe ePntH less per l'OI"<i than it was wlwn J was made

,;teward. I have paid as high as $:!.00

Q. \Vho reeeins the bids for provision;; and supplies'.' \ I do.

\Ve han~ regular times for suppliPs every quarter. The

bfuuyrninisgh,inagnd<~frcscuepinp~liesseail,.e; dlefl:tndt_Ho

for the

lowest biddt>r, of course, taking into eomnderatwn the qual.tt;Y of the goods awl the rPsponsihility of the bidders. (Bids exhibited

to tlie eonunittee 1. Under tlw rules tht

Steward

is

the ~Sole per,.;on

to

pass upon

the

bids ami award the eoutraets for supplies; the trustees do not, although thPy examine them H<_Hnetirnes wl~en tl_wy are out here. \Yhl'l'e parties make tlw same b1d and there 1s a tw, we 1lrop the

unrrws into a hat nn<l sPied by lot. \Ve do not alwa.ys award to

WEDNESDAY, OcTOBER 19, 1887.

1421

the lowest bidder, but nine times out of ten I suppose we do. We have to take into consideration the quality of the goods and the character and responsibility of the parties. I have awarded contracts in one or two instances where the parties failed to
comply. Q. Are you allowed to sell anything from the institution in the
way of chickens, etc. A. No, sir; except to the officers. I have sold some old iron or brass, and have sold some gas-tar to the city and county--small quantities, worth about ten or fifteen cent,;.
I believe I sold the county nine barrels.
Q. Do you know of any bread or of any hogs being sold from
the institution'? A. No, sir; not to my knowledge. Q. When the hack was owned and run by the apothecary, did
he buv anything from the institution'! A. I don't luww, but the
aCCOUnts Will HhOW. It is my rule not to let any officer haYe anything that will inconvenience the institution and the inmates. If we have a good supply on hand, which ""ill run us through the quarter to our next contract day, the~ can get what they want over and above that. Q. The newspaper at Milledgeville states that SHfi,OOO was saved by you to the Lunatie Asylum. A. That is a mistake; part of it was saved by the former Rteward, aud only a part by me. \Vl' have about $.3:1,000 on hand now. 'rhe last requisition was drawn in July, and we will not haYe to draw another requi:-<ition until the 20th of next month. \Ve haYe two months' supply in the treasury. "'e have the amount of requisition for two months and
$3,000. Q. And you haYe no use for it'! A. Yes; there is plenty of uRe
for it. Q. What have you done in regard to the arteHian well'! A. \Ve
have awarded the eontraet, and have bought the pipe and lumber
necessary. Q. The :'\:30,000 you havP 011 hand undrawn you have no use for,
unless you should need extraordinory repairs? A. Yes; we need it next year for the institution. R.upplie~'< are mueh higher than. they were a year ago.
Q. What do you call "~aving" '! A. I call it saving when our expenses do not amount to $14,585 per month.
Q. Do you spend all the money'! A. Yes; but we do not spend
it to support the institution, we have spent it for extraordinary
repairs. 'rhere is an itemi;r,ed account of it in the report- $Hi,992.35..
Q. Do you not have extraordinar.v appropriation~, and does not the State give you a large amount of money to build those things, a.nd were they not said to have been built within the appropriati?ns? A. Yes; my recollection is that the arehiteet in making his estimate for one of the buildings did not make an estimate for the amount of brick required, and the trustees rather than go
back to the Legislature paid for the brick out of the savings.
Q. You would say then, that the institution now gets about $30,000 a year more tl1an it needs for subsistence, if the extraordi~ary repairs are provided for by special appropriations? A. No, Sir; I do not say that. While we know what the salades and wages will come to during the year, we cannot tell what the other expenses will be, and prices have gone up. \Ve have a good ~any more inmates, besides, this year than we had last year. Smce I have been here the number of inmates has increased about ~and I have only been here about four years and a half.
't This item of "extraordinary repairs" in the report---$15,-

1422

.JoUR.:\AL oF THE HousE.

!J!I:Z.a!J~-mean:;, really, money expended on the new building~~?

A. \es, and for the extension of the .;ewer, etc.

Q. And the paying out of that money was passed upon and

approved by the trustees, and it was taken out of the money fur-

nished the Lunatic Asylum for sustenance'.' A. Yes it was taken

out of the regular appropriation.

'



Q. This $15,992.3.), which you call a "saving" ill the running of

the in:;titution was not expended in the running of the institution

but !"as expended in the "extraor(liua.ry repairs"here set out?

A. res.

Q. All these item,; set out in " Abstract D" vf your last pub-

lished report for senices, lumber, pipe, briek, chromos, fumiture

ete., are all for the new huildii1gs .' A. Yes.

'

Q. ~nd the vo~~eherK ror all that are in the ExeeutiYe Depart-

ment m Atlanta, A. 1: es.

Q. I see in the 1-\uperintendent's report, nuder the head of "Car-

-p~e2 ntatbryle,s",

that he I'eports among
26mosquito frames, an

the in1provemeuts 9 lat clothe;.; raeks, ete., ete.

tiIcsethdi>o~orasll

the work these carpenter;;; do'.' A. There is not a day that there

is not something done : doors that are knoeked oft' are repaired,

window sashes, and things of that sort. They are employed in

repairing in additiou to what they make.





Q. lTn({er the head of "extraordinary repairs," you haYe furni-

ture, wire, eotton, ticking, mo,;s, billiard tixtures, and all that

:<ort of things. Explaiu that. A. They were extraordinary

expenses because those building-, had to be completed and

equipped, and the arehitect having failed to make any estimate for

the brick, the nwuey appropriated for furniture, ete., had been

used for the briek, and tho,;e building::; ha!l to he heated and fur-

nished out of the money in hand.

Q. That could not occur again this year'? A. \Ve haYe spent

very near that thiR year, fi!}m October, lHIW, up to now. Our

extraordinary expeni!es will be very near that again. Vfe have

connected the mum ;;ewer with the female side and thrown it all

into one; we have built that laundry, have bought furniture

for the two front hall::;, etc. All that comes under the head of

extraordinary expenses, and all that has been paid out of the reg-

ular appropriation for this yea~. \'\'e have expended this year,

out of the appropriation, ab'lut $1ii,OOO for extraordinary expenses.

Q. Do _you mean to ,;ay that it will take $1i1,000 a year for that

purpose to keep up the institution'? A. No, sir; it will not in

two or three years; we will get through with a great deal of that

txpense. Another item of expenditure will be the laying off of

the vard out in front in walkR and tt'JTace,;; the trustees have

been" tr:vi1w for two or three months to get the services of a landscape gard~ner to attenrl to that, but the; have eharged sueh high

prices that the tru;;t('P" have not felt able to go 011. .

Q. In two or three years from now all that mone,\ Will not be

required for Pxtraordinary expen><es . A. No, _sir.

Q. \Vhen all these thing;; now in contemplatwn art completed;;ay in two or three years, what will lw I'equired to keep the~e

buildings in ordinar~ repair'.' A. I would not like to ,;ay..

Q. \Vould it take a,; mueh a:-; $10,000 '.' A. I should tlunk so. The general estimate,; lnst year for work requir~d nmounted to $2B,OOO; :\Ir. DeSau;.;sure, the eugineer, hao; the tig-ures i of that

only $15,0()0 has heen expended.

.

Q. 'rhis money for extraordinary expense;;, expended Ill the.

manner you have stated, was paid out of the $li5,000 set apart by.

the Ueneral Assembly as the annual appropriation for huymg the

8ftnal necessnrie~'< for the inmateH ~ A. YeH.

WEDXESDAY, OcTOBEH 19, H!87.

1-!23

Q:Q Most of this money went into the 11ew buildings? A. Yel'. The Act of the Legislature making this al?propr!at!on provides that " no part of this sum shall be used tor bmldmg purposes " were not those expenditures directly in the teeth of the
law? ' A. No sir; I do not think so. The architect failed to
make the esti;nate for the brick before the special appropriation was made; the brick were paid for out of that appropriation; an~
when the buildings wtre completed we had no money for form-

out tore and other things needed ; the money appropriated for that
bad a}l been drawn j Wl' had the buildings On hand and could notoccupv them without furniture; ;;owe had to make use of the

money on hand fot the regular aunual appropriation. Q. I see you have charged here, "Ordinary Repairs, $5,715.47."

Are they itemized anywhere on your report here'? A. No, sir;

they are not itemized in the report, but the vouchers are all on file. We only itemize the extraordinary expense;; in the report.

Q. What do you call "ordinary repairs".'" A. Under that head

we include any extension, the replaeing of old machinery, locks,

paints ete.,--things necessary to keep up these buildings.

Q. You have not put under the head of '' extraordinary repairs ''

anything that ought to be under the }1ead of "ordinary repairs"?" A. No sir we try to keep these thmgs as well separated as we

can. We bought a ear load of lime which was charged up under

the head of extraordinary repairs, and did not use all of it on the

new buildings. Q. The conclusion of the matter is this : " Extraordinar~
repairs" is money expended in finishing the new buildings, in fur-

nishing them and for new work. And " ordinary repairs" is what is expended in keeping up what is here'? A. Yes.

Q. So that next year, if you do not do any work on the new

buildings, or whatever you spend in replacing what you have on
hand, you will put down under the head of ordinary repairs'? A. Yes.

Q. It will require for ordinary repairs, as the buildings uow are

and when they are completed, if they do not inc1ease, about $1>,715? A. I should think that would be ample.

Q. Under the head of "Contingencies," what do you put"? I see you have an item of that kind in the report, "$1 ,341l.64. '?" ~\.
Under that head we place the fare of patients sent home telephone rent, etc. The telephone rent is $130 year. 'J'he laro-e~ part IS for the railroad fa1e of patients who are returnel hom~. The vouchers are in t.he Executive Department at Atlanta. Each man

who gets any money out of it sign" a receipt. 'J'he receipts are kept together, and are inspected monthly by the trustees.

Q. How do you buy coal-by advertising for bids".' A. No, sir; we bought it, this year through John '1'. Stocks, of Atlanta. \\'e

paid $1.4> a ton for the coal and $2.H.') freight; total ptr ton, $4.10.

Q. Under the head of "Fuel and Transportation," do you include wood'.' A. Y eH; and corn and hay that go to feed the

stock that doe; the hauling. On the larger part of our goods the freight has to he paid.

Q: What supervision do you exercise over the store-keeper to

see that no more has been used than he repotts to have been used from the supplies under his charge '? You do not re-weigh or eom-

pare? A. No, sir; I do not go over that. We know just about what weare going to use, for we have so many inmates and are accu~:~tomed to give out so much per day, and we know that it take!"

. 80 JllU<lh every month, and we do not buy any more than we nePd

to carry us through,

-- -

1424

JouRNAL oF THE HousE

. Q. You do not take the requisitions, your-accounts of supplies

purch!lsed and on hand, and compare to see if they tally? A. No, Sll".

Q. You only judge from your genearl knowledge of how it ought toholdoutr A. Yes.

Q. \Ve would like to have the prices for sometime back paid by the institution for supplies?

(The witness prepared and presented to the committee a list

showing prices paid for supplies from October 1st 1885 to October

1st, 1H86, during each quarter of the year which list is'attached to

the testimony as "Exhibit A," page -.) '

The witness. I do my very best to get things at the lowest

prices. There are parties who will not bid at all upon supplies

for the asylum, because they say we get them too low.

_Q. Recurring to the subject of employees of the institution, I

wrll ask you to state what are the duties and 'vhat is the salary of the usher'.' A. Hi~. duty is simply to show around visitors. If

there is anything else, I do not know. He receives $400 dollars a

year and board, fuel, lights and quarters.

Q. Do the physicians, the Superintendent and attendants show

Yisitors around occasionally? A. No, sir ; if they do, I do not

know of it. Formerly the officers took their weeks at it. I did

when I first earne here. I should say that we cannot dispense

with the usht>r. If the officers did that work, it would interfere

with their other duties Yery materially; it did with mine, and it

would with mine now more than ever.

Q. \Vas it ever required that the Steward should show around

visitors'? A. I am not positive, but I think it was. I saw Mr.

Hammond, the former Stewarrl, going through with visitors when

I came here; I do not lmow whether he did it from choice, or

wht>ther he was required to do ~o.

"r Q. Could not the supervisors of the departments show around
visitor~ without much trouble'.' ould it not bt> advantageous to

keep them going around as much as possible with the visitors or

by themseh'es "? A. I cannot say that it would be, because the

:mpervisor';; scrdces may be needed, and he might l.Je called on the

hall just at the time he would be wanted to show visitors around.

Q. It is the business of the supervisors to continually inspect

thPir departments, is it not? A. Yes.

Q. Does the usher show around visit~rs every day? A. Almost

every day. Sometimes l\Ir. Scott makes one round, sometimes

two. In the :mrnmer time he begins with viHitors at nine o'clock

in the morning and continues until twelve. He starts after din-

ner from half-past two and goes until about sundown, except on

Saturday afternoons, when the patients are bathed. .

Q. No visitors are allowed to pemmbulate here at mght? A.

~one that I know of.

Q. He is not on duty nll the time, is he? A. He devotes h!s

whole time to the institution. He is here all the while, and lS

ready and willing to go whent>ver the Superintendent tells him.

Of course he has to be governed by the Superintendent's rules.

He geuerally goes in town on Sunday mornings and comes back

in the afternoon or early Monday morning.

.

Q. How much does the milkman get? A. $300 a year and h1s

board, and the boy who helps him gets $10 a month and his board,

and the board is worth the same as that of an attendant-the fare

is the same-$7.50 a month or $90 a year. We put down the cost

of the man and boy, with their board, at $600. There is a boy, an

inmate, who assists. He drives cows.

..r-,

WEDNESDAY, OCTOBER 19, 1887.

1425

Q. How much do tl~ey pay the hands in th.e yard'! A. Seventy-

five cents a day and they feed themselves.. The boy that is hired gets $1 a day and we feed him; the hands with him we do not feed regularly. We had so much grass, etc., that we concluded

to hire them. Q. Mt. Cook, the vegetable gardener, has nothing to do with

the front garden? A. ~o, sir. Q. Where does Mr. Cook live? A. In the country, a mile

beyond. Q'. Does Mr. Hollinshead, the assistant steward, run a farm of

his own? A. He has a small place. I don't know how. much he is farming; I suppose there are forty or fifty acres connect.~d with

his house on the roadside between here and town. Q. Does Mr. Cook run a farm? A. No, sir.



Q. (By Dr. Kenan.) How is it that the salarie,; are :,;et down one

year at $11,0ll0, the next :;;l2,0:lO, and for another year they are

down at 310,000 and so on'? A. That is easily explained. The year the amount was so small we did not have as many physicians

as we have now. Since you (Dr. Kenan) left we have had one

extra physician. When you were here we had thirteen salaried

officers, and now we have fourteen. \Vhen you left, Dr. Jones

and Dr. O'Daniel came in. Another difference arise:> from the

fact that formerly the accounts due by the officers to the institu-

tion were deducted from their >'alaries, and the amount charged

was the balance. Now the accounts are not deducted, but the checks are given for the salary in full, and the steward coll~cts

the accounts himself.

'l'he salaries of the following officers were summarized by the witness as follows :

First Assi~tant Physician, Dr..J. M. Whitaker . . .

Second Assistant Physician, Dr. Harris Hall . . . . .

Third Assistant Physician, Dr. L. l\L .Jones . . Fourth Assistant Physician, Dr. l\.1. H. 0' Daniel

..

Apothecary, Mr. P. A. West . . . . . . .

Steward, L. J Lamar . . . . . .

Assistant Steward . . .

Secretary, Fleming G. Grieve . .

Matron, Mrs. J. M. Darnell . . .

Treasurer, Thomas T. Windsor .

Chaplain, Rev. Mr. Beck . . . .

$:!,000 1,800 1,600 1,500 1,250 2,000 1,Ei00 1,000 900 GOO 500

$14,fi50
Q. This amounts to $14,650; but you put down in your report $13,764.86 for salaries. How is that'! A. 'fhe accounts of the officers for the months of October and N overnber were deducted by t~e former Steward, :Yir. Hammond, as you will as~ertain by lookmg at the pay-roll. A former legislative committee recom-
mended the present system, and when r came into office I
started it.

WILLIAM JACKSON, Supervisor of White Male Department

~m.

'

(Examined by Mr. Arnheim.)

. I.am Supervisor of the white male department. I have 415 patients to look after. I look after the attendants and see that
90

1-!2G

JouH~AL OF THE Ilol.'SE.

they treat the patients propel'ly. I visit the rooms as often 118 necessary and go through the ward three or four times a day. I

look after the cleanliness of the patients, their bodily condition and if they are sick I make a report. The attendants give th~ medicine; it is under their charge. If a man become>~ boisterous he i~ confine? ; no apparatus for restraint is used ; he is simply confin~d to Ius room.. I see that .they g~t their meals regularly.

Q. \ ou haYe nothmg to do w1th the1r mental condition> A

Xo, sir.



Q. State what treatment is given to the patient for mental derangement . ~\. 'rhey try to induce all the patients they can to

work and reumin outside; and all that are not in a condition to

go out and worl' are induced to work in the house, in the dining-

room, cleaning up beds, ete. Xo one i" forced to work, but when

they can be indu(ed to do so, they are. :-;o far as the medical part

of thei1 treatment i:-; concerned, I could not tell you about that.

(~,. Is an~thing el,;e done for them . c\. X o, sir; except amuse-

ment, serYiee iu the ehapel, ete.

Q. What portion arP permitted to go to these amusements:' A.

All who behtwe themselves properly; sometime" we have to take

some risk in that respect. The usual II umber we take is fifty or sixty; I Bever (ounted, hut I suppo~e not exeeedin~ seYenty-five.

Q. :-;orne of thosl' who go to the entertainments are permitted

liberty ever,nvhere ._, A. \Yt> have about fifteen or twenty who

are permitted to ~o arou1ul. I inducted them in the number

stated.

Q. How many patients nrc in a ward'.' ~.\.. ~ome wards hold

nwre than othen;; they would average about twenty-five to the

ward, I would think. I <lo not intend to he po>'itive about that. There are twent~ in the first ward and about thirt~ in some.

~ometime,; WP mnke changes to sui~ the nwntal condition of the

patient, a!Hl to gin him a;;; pleasant. association;;; as possible.

Q. "'hat is that yon report to the physidan about the patient'?

A. Anything about his mental or physical condition; I report

when he beeomes ex(:ited or unruly.

Q. You do not report anything a';. to his mental condition unless

he becomes nnrul~ . ~\. Xo, Hir; nothing speeially. (~. How often <loes the phy,;iuian go round : A. He goes around

about once per day and is "ubject to ;.;pedal calls. (~. How long ctoe,.; it take him to go around'! c\. I would ~ay,

upon aP avemge, about an hour. :Sometimes lw stops to talk t9

patient,; and it take:; him lougtr than that; sometimes it takes

him UJJ hour auct a half or two hours; but I would say, on an

average, the tillle i" about an hour. "'hen a man is taken sud([enly' siek, or whene\er one \dw b ,;ick i" ta~en wor,..e tlw doctor visits the patient, and Yisits a,: ofttn aR he thmks uecessar~ Dr.

Hall iH the phyRiC'iall of my department. :\fy department lH what

is called the male (onvalescent building. (~. How ma11y wards for eonvah,seents are in the male conva-

lescent buildiug'.' A. There is really but one ward that can be properly termed a convaleseeut ward, Hnd the ward i~ not full. I

don't think that anybody e\er l'Xpected that that bmldmg would he filled with eonnile.~eents. The building will hold one h.un~red and fifty patients, and out of the nurulwr w~ have at the mstltu-

Uon we would 1wnr haYe a hu11dred and tift.y co11valescents at

once. Q. "'hen is the regular round of the physit-ians made every

day . A. Between 1:! and 1 o'eloek.
Q. (By i\lr. Humphreys.) Do the physicians generally respond

promptly when you send for them'.' A. Oh, yes.

\VED!\'ESDAY, 0CTOBEH 19, 1887.

1427

Q. When the physician goe,; through the wards, what doe~ he

do-just pas~ through the wards and look in, and now and then

stop and chat with the patients? A. He sometimes stops and

talks with the patients; he goes in the patient'~ room when a

patient is sick ;:tnd prescribes for h:m_ if ne,:essary, and answers

questions. Patients have a great many questwns to ask.

Q. (By Mr. Brown._) DJ til?;;? phv,HaiH evennak~ a p~r,;1!na~

examination of a pattent unless flent for, unlesfl a patwnt ts swk ?

A. 'rhev do when they fint eome in.

Q. After that do they go to the patient and look into hi" menta

or physical eondition unless asked to do that . A. I don't know

that [ could an..,wer thttt question; I ,.;ee tlw physieian.., tal kin!!,

with tl1em, but. what tht~.Y talk al>oLtt I do not know.

Q. [ mnn bit t\1~ ndrc of t~1~ iiHtitutirm for tlu pll_\.,ir-ian to

_of go and ~mt~e a per~:Htal _exa,Jll~ntttion

the pat~ent,_ nnlP3~ ~he

patient to:~ stek, o1 >Drntthuq ot tllltt km.l; A. .'\o, ,.nr; I tlllllk

not unless lw lm.., KIHne ailnwnt. They e<tn find one tlwir nwntul

condition when they talk to them. The physician eould not talk

to all of them in a day. :-<ome of the p:ttients are ineurables.

Q,. (By :\Ir. Arnheirn.l Does Dr. Powell \'isit your department;

A. Yes, he has been doing so until his health has bPen bail, on an

average, I suppose, of twice a Wlrlc

Q. (By Dr. Kenan. I Do you eYer go in eompan,v with hill!'.' A.

Not particularly; I meet him in the hall sometimes.

Q. Do ;ron see hint come twiee a week with his as;;istant phy-

sicians to make these rouruls. .-\. ~o, sir.

Q. (By :\Ir. Arnheirn.) There are eertuin medicines, ,.,uch a,.;

bromide, etc., which are ll'ft in el!argt of till' attendant:' A. '\'e;.;

Q,. 'r11e sick cull at night are made by the attendants; .\. Yes,

by the night wateh; there are two night watche,.;. During the

day if anything happen,; tlw atto:.nclant report,.; to lllP and T repmt

to the physieiau; that is, if there is time to report to me fi r~t; if

not they report to tlw physieians direetly.

Q. When the physician writt>s a prescription, what is done with

it? A. He generally gi \'es it to the attendant of the ward; and

the attendant goes to tlw apothecary, lmi-l it fillerl and hringil it

back, and the attendant .~iveK the medieint> aeeorditw to the

directions.

""

Q. (By Dr. Kenan. I Have you for your ptescriptions to he tilled

eavterthheadapaontyhetreoaurybl;e;hoinp.>,,a.i\ti.nI"

have never carried pre;;eriptions there myself; 1 have never heard
of any complaint of that kind from tlw attendants. r ha\e sornt>-

times heard that the apothecary was siek.

Q. (By Mr. Arnheim.l (f any onp i:-; sil-k, and sick diet is

r~qu!red, how is it obtair.ted ; A. Thl' physidan pre;.;nil>e.~ the

dtetjust as he does the rne<lil,ine, and I ,.;ee that the prescription

is carried out. Sometime,; thtee or four arP sick at tltt' sanw time. The s~ck meals consist of ehic:kt>n ,;oup, a little ehieken son1etinH'" if th~tr stomach. 'Yill bear it,_ an~ egg,.;, ete. 'l'hey ean alway,; get that If the t1hy.'ncmn,.; prescmb:! tt; thL',\' do not get the."t' thin<.!;>~

unless the physicians pre,.;erihP them. Q. Whttt do tlH inmate.'; g2t for lH'c>:tkfa,.;t'? A. Homin\ or rieL~

two biscuits, beef-hash, Irish pottttoe,.; a nil onions (if tlie.;p vpoptable~ are to be had), bacon o~casionally, and one eup of <:off~e

when some of them want more' they get it. I>innL'l' cou..,ists of

boiled beef or bacon, vegetables Iif to be had), hominy or l'iee

and &Ibid

tc~oa.rn-Tbrheeasde.

baefleosre.havI econuoldt

8upper eonsistil of baker's bread, syrttp, lmttt>;.

are the been as

meals that are plentiful this

vgeeanrerna~llythgeivvehn:.weYebce\eetn-

not tell the cause.

"





14:28

JouRNAL oF THE HousE.

Q. (~y .Mr. Humphri~s.) You have no special classification of

the patients? A. No, s1r; there is no special classification of the

patients.

Q. 'fhose who are not boisterous or unruly, and who show signs

of improvement, gether. There ar

are they e unruly

kept together? A. N ones in each ward and

os~smier'

not altoare some-

times quiet and sometimes unruly. Sometimes they have to be-

eonfined a week or a day at a time, along that way. We have

some suicidal patients in the different halls.

(.J,. Is it po~sible, with the room you have, to classify them in

this way or not'? A. No, sir; I don't think so, and I don't think

it >vould be best; I do not know what the doctors would think of

that. I think it would be better to have them mixed together.

That is my opinion, which I give for what it is worth. There are

:<uieidal ca~es in every ward of this front building. Some reported

to he suiuidal when admitted have never~ et made any attempts.

({. Do the patients frequently bathe'.' A. Once a week regularly,

:b a general thing, and a great many bathe oftener than that

they arc' obliged to-those who are filthy in their habits.

'

q. Do you eYer have any trouble with any of your attendants,

aml is it ncee:;sary to dbcharge them or find fault with them for

the mbtreatment of patients-! mean within the last year or

two'! A. 'l'here han been two discharged for that reason by the

tinperinteurlent. One was discharged upon my report-he slapped

a little boy at the detached builctiug, though he did not hurt the

lHl~', I think. Hi~ name, the attendant's, was David Bateman.

Cl. \Ylw wa~ the other atteudant? A. Mr. Hardy; I do not

knmY to my own knowledge why he was diseharged. It was said

that he slapped a patient'~ jaws the eYening before, and I exam-

ined the patient but found no marks or bruises. 'fhe next morn-

ing the doctor asked me to notify him that his services would he

needed no longer. :\I r. Oxford, another attendant, was also dis-

('harged; hl ,,as said to have abused an inmate from Atlanta.

'fhc patient ,;aid the attendant threw him down and choked him.

:\Ir. Youngblood, the other attendant, was at the laundry when it

was said to luwe meurncl. There have been some irregularities

wlwre attendants have been fined for violations of the rules, in

the way of in the hall

wdiistohbaey'pinaotieonrtdoenrs~ ufnodr ainysatanndceheIwdeinretcoteffdaonnde

to stay ctid not

110 it.

Q. Han they been fined for getting drunk? A. There has

becn nothiug of that kind lately. About last Christmas a year

;wo, there were one or two fined for drinking. I do not think

Do that any of the attendants are addicted to drinking. Q. you know of any instance where attendants have merited

a diseharge and ha\e not been discharged?. A. :Ko, sir.

Q. \Vheu Dr. Powell goes to the wards, does he give special

attention to the patients'.' A. No, sir; not unless called in con-

,;ultation; he just makes a general inspection.

Q. \Vhen he is called in for general consultation it is iu.the case

of very siek patients'.' A. Yes. Before his health got so bad I

would meet him in the hall frequently. He might go there some-

times without my seeing him. Q. (By Dr. Kenan.) Have you had any suicides or .s~dd~n

deaths iu the last year or so? A. We have had one smCide lll

two years; an inmate cut hi;; throat, either the same day that he

cllme here or the day after.

The witness was requested to furnish a report of the number of

wards, bed rooms, occupied aud unoccupied, bath rooms, beds,

etc., in his department.

WEDNESDAY, OCTOBER 19, 1887.

1429

The report furnished by the witness is annexed to the te><timony as" Exhibit B." See page-.

JONATHA~ T. FARRELL, Supervisor of Colored Department, sworn.
(Examined by Mr. Arnheim.)

I am Supervisor of t4e colored department. I look after the physical condition of the inmates, and mental, too. 1 look after their comfort and see that they are kindly and humanely treated, according to the rules of the institution, by the attendants. I am subject to the orders of the physician.
Q. How many rounds does thP physician in you1 department make? A. One regular round of inspection and examination of the sick and the patients generally, every day, as far as it is possible for him to do so. He makes that round in the morning between ten and twelve. After that he sometimes makes a regular round in the evening before or after f'upper, when there- is much sickness. He make:; irregular visits at nights to special patient>~ when they are si(k, and I suppose for other purposes. I do not ask him his busilwss, but I suppose that he looks to see what is going on, and he may be watching me. \Vhen patients become suddenly sick between his visits, we :<end for the doctor. The doctor makes one regular round daily ami one irregular round at irregular intervals.
Q. How often does the Supel'intt-ndent, Dr. Powell, eome down there'! A. He made frequent visits there when he was wellfrequent or occasional--1 do not know which would bt- the word to use. I think his visits averaged more than once a wePk whPn he was well; sometimes, two or three times per week. I never knew him to be called down that he> did not go. He> ha:-; called for me several times to inquire into the affairs down there, and how they were getting on. He goe,., through ,.:ornetime;; and points out things I have not done right. He sometinws talks with
the patients. ff a patient is improving r call his attention to it,
and he talks with him~talks about the prospect:-; of his going home, and gives him words of encouragement and eonsolation. He meets the patientH the :<ame day as any othl'r doetor, and rather more, because some want to see him that do not (.are about seeing the regular ward doetor; they want to see tlw "big doctor."
Q. When you receive a patient, who assign,; him to his quarters? A. Me and tlw matron of that department, my \\'ife, unless the doctor is there; when he i:< there, he is consulted. 'l'he matter of assignment eomts hefore him on his fir,.;t rounds. T give him
thename of the patient and an,v of his peeuliarities. For instaJI<"e, the other day when we got a suiddal ease I notifil'd hi Ill, and he told me what to do right away.
Q. You have some violent patient,.; on alrnost every ward yon have'? A. Yes. We do not mix them in a gerwral way; we Heparate them as far as we can, but then are some who an thought to be sui~able for quiet wards, that have occasional paroxysm~. We classify th~m aecording to the best of our ability and dassify them_over aga111. We change them. All that is done i~ done by ~h~ drreetion of the physician, but it is only done when we think It I.s necessary or proper for the patient; sometimes it is done twiCe a week, sometimeR it might not oceur in a month, and sometimes three or four.
Q. \Vhat patients are allowed to go out an<l exerei,e with the

1430

Jm,R~AL oF THE HousE.

attendants'.' A. All patients that wear their clothes and are not

extremely violent are allowed to go into the yard with the attend-

ants. We have some patients who tear their clothes up and who

are raving maniacs, and we keep them in their rooms. And when

we can do ,;o we try them in the yard for a few minutes that

class do not stay in the yard more than fifteen or twenty minutes

before they arc brought in. Yery often they are clothed and car-

ried off if it takes two or three attendants to do it.

Q. Uiving them exercise, and worki.ng those who can be

ind uc!c'd to work without force, is the treatment given the patients

in addition to such medicines a>< are given to them? A. Yes that is the treatment, together with c<mver~ation- talking with

them and f'O 011.
. <~. You han retumed, out of 41i:2. patient;; last year, 28 '! A.

1e,...

Q. i'-\onw few are turned over to your department who show

sign" of prollab!P re<overy when the~ first come to the institu-

tion"? A. Ye,.:; but the number of probable recoveries are fewer

in our deparrtme11t than in the white department, because they

are subjeeted to so mueh bad treatment before they come to the

asylum. There' arC> evidenf'cs. ometimes of their having been

neglected and badly treated. i'-\ome have been confined in jails

and negleeted, and have not received the proper medical treat-

ment: ~onw have not slept in a long time, etc.

Q. \\'ho perform:-< the burials in your department . A. 'l'hat is

the lm~ine"s of two or three men. Hobby, the teamster, takes

them down; Sam SpeightR, a colored man, and head attendant of

tlw hall, is the chaplain ; he pprforms the dutie,.; of head attend-

ant and chaplain both.

(~. Do you know au~thing- of a mistake that occurred in the

lmrinl of a white woman in- the colored graYe-yard '.' A. I only

know of it from hearsay ; nobod~ has denied the faet, so far as I

k1w\\. It has neYer been secret.

Q. State what you know in regard to the death of a colored

mnn who died some timP since, from exposure to cold? A. There

wa" a rumor afloat in the country that a man had frozen to death

in the colored dlpartml'nt. The cireumstanceH are these : there

\\-as a man found dead on thP floor in his room. He died one cold

night in .Junmu~, 1884, during the cold snap; but I want to state

distinctly, it wn,_; not the l'xtreme cold weather we had in 1885

and 18,'-iG. :\[y recollection is, that it wa>< the first real cold weather

we had that 'season. It turned cold the night the man died. The

Ohuniltdhielw~1iwg-ahts

not ,;o well in qmstiou,

wI awrPmnetdartohuennda, saintdismnyowrecwolilthec~sitoenamis,.

that I went into thl' male ward very nenr three o'clock m the

nwrning. It i;-; my eustom. to get up in the night and go around

and wakt. up th 'attendaub and havt. them go to the epileptic

patiPnts anrl extnmely erazy ones who I ~hink may not ~eep eovered up, and look after them, for th~cy rmght ~~t the wm_dow up

or kePp mHonred and get eold. '!'he probab1hty of the1.r freezilw to tkath i~ n nwtttr of opinion. Whether there m1ght be wt';tthcr <old el10IIg'h to freeze one to <Ieath in the hou~e, I don't

know. But thtrc is dang<r of tlwir suffering, particularly if they

break out a glas;-; of the window.

On that night I went on the two lower floors, to. the first. and

fourth and ,.;e<ond and fifth wards <Jll the male Ride, where the patient;-; were most lil<;el_y to get uncove1;ct~; the top ward bas

always beeu a watd for quiet patients. "lnle I was m the ward

lwlm\ I heard the attendant up stairs walking and opening the

door", nud that ,;:tti,.;tied me that he was attending to his husiness;

WEDNESDAY, OCTOBER 19, 1887.

1431

so I went back. The next morning, sometime after day, the

attendant, Butts Davis (the attendant on that ward) (arne and

told me there was a dead man up there. On inquiry, he told me

he had opened the patient's door while examining the patients,

and looked in and found him in bed covered up, quit>t, aud appar-

ently asleep, and when he went to unlock the door later on, he

found him on the floor. dead. Jim Hogan ;;aid ht> believed ~hat

the man had frm:en to death. l asked him how long he seemed

to be dead; he said the body was not l'old when he examined it,

that he knew he had just died. "'hen the rumor got afloat in the

country, Dr. Powell sent for Hit' to know what it was that gave

rise to the rumor. T tolct him of the cireum,.:tanees, and of .Tim

Ho!ffin's remarks.

..



Q. \Vas a po,.:t morkm exammatwa mad~?'? A. :'\one that I

know of; if they ever make po,.:t mort~? Ill~-< the_\ do not notify ~e.

When I send them 1lo\Yn to the dead-house !Tty duty ends so far

as the torpses are l'OHcerned, except to notify the teamster.

Q. "'hose busines:< is it to look after the d~ad when they are

delivered at the dead-housl' '! .\.. \Vhen they are put in the eoffin

and carried to the dead-house they are loeked up and remain there

until thP burial hour. Hobb;\ (~arrie~< them to the graveyard.

This head attendant of mim attends to the burying of m.v (lepart-

ment.



Q,. Is there a sepamte dead-house for white a'hd olored? A.

After that mistake ntrunecl they gavp me thP key to another

room to be used for the (olored inmates, and they are now sep-

arated from the white~. 'rhe dl'ad-honse is n separate building,

and bas a little ehapel for ,.:eniles and two other rooms.

Q. Had this man who was reporte(l to have been fro~en to death

been8ick up to that time'! A. He was not down sielc He was an old

man anp looked feeble. He was demented hut was not tspeeially

sick. He had a double and a single blanket that night; that was

about thP usual amount of eover WP had in the hall, there not

being any extreme cold weather up to tlutt time.

Q. \Vhat is your custom as to notifying the dol'tor when a patient dies'! .-\. lf a patient (lie.~ ,.:uddenly we notify the doetor

at once. fn all eases of unexpeded death WP do that; but when

death is expe(tect we notify the seerd.ary. I write a notice to the

secretary and the doctor states the disettse. 'rlw doetor is notified ~he1! t~e death oeC'urs umxpeetedly, so that hf' may (orne and

mqmre mto the eause.

By Dr. Kenan. Did the doetor ever tell you, after examination, the cause of that man'~< rleath '? A. I don't remembl'r having

talked with him upon the subjeet.

By Mr. Brown. \VJmt is your opinion, from all the tvidenees that you eould gather, a:-; to the (:ause of that man'~ <ieath '.' A. It h.;

my opinion that he did not free:w to death, from tlu fads that were ~tated to me, the attendant'" examining and finding him co_vered up, thl amount of eon~r, hi,.: heinl in the hou,.:e with the

wmdow down, and hi,.: haYing rolled off on the floor between three o'cl<wk and day.

By :\Jr. Arnheim. r,.. it not the dutv of the attendant on the

hal! to keep on the wateh for matters 'of that sort, suf'11 as people

fallmg out of their beds rnlling on the lioor in paroxysms, ete.,

a~nisdet'!o

pre,ent . A. 'rhe

any
re is

damage an atten

dtaontthteomtl~eewithane!r,

from eold or and the night

otherwatch

IS requued to make regular rouuds over the house. Q. If they make their round~, haven't you enou1h of attend-

ants to prevent anything of this kind oeeurring -to prevent a man rolhng out of his bed and lying there one or two, or two or~

1-!32

JouRNAL oF THE HousE.

!' three hours?

That would be an impossibility unle8s we haye

an attendant m e!leh room. We have one night watchman in

the male, and one m the female department. 'rhere is only one

inside of the house; there is one outside.

Q. Is there any way of looking in these room~ at night from the

outside'? A. I had one of them tixed for a suieidal ca!'e the other

day-a little trap door; but aH a general thing thPy cannot look

in from the outside.

Q. Is it ~lOt t.rue that~ grea! many of your patients are subject

to convulswns? A. Tlurty-e1ght on the male llnd ~even or eight

on the female side.

Q._ And you have a great many ~pileptic~, who !lre almost help-

less m your department'? A. EpJleJJtH>; are not helplls~, t>xeept

when parox,ysms are on.

Q. That can happen in the night, as well as in tlw day timt ~

A. Of course, and the night watch reports tlwm in convulsions

frequently.

Q. Haven't ynu a goml many idiot~ who are ab~olutdy help-

less'? A. X o; we han Home imbeciles that llave become >O from

insanity. There are >'Ollll' tlll're who lHP incapable of takiug care

of them~eiYl'>', or of apprPeiating the JWCessit~ of the window

being to<hut down, or of their being properly <overed; of l'Ourse,

there are sonJe such, not eapahle of looki11g after their own want~;

(jUite a nurnbu.~; and tlwreare u uumber \\lw art as lllUl'h capable

as you or I, so far n>< ke<~piug conred up and all that is cmw.emed.

Q. How lllHilf attemlrmts have you in the day tina- on the

ward,.;? A. \Ye ha.Yl' eighteeu attendant~ on the male side and

seventeen 011 thP ft>mal<. \Ve han three mall attendants who

have out~ide duties one who i;,; a~~igned to the yurd e~p<'<'ially,

and the otlwrs to regular dutie~. On ae('ount of ~kkJH'!'~ or hu~i

ness out~ide for whieh they are detuiled, they arc uot always

there; but it is my duty to ~ee that there i;; a sufticiem~ to "hold

the fort," so to speak, and keep things in order.

By :\Ir. Rrown. Haven't ~-ou got somehody in ea<'h ward to

visit the patients t'a<'h hour of tlw night.' A. I believe they do

report hourly in the white department, hut not in ours.. The

attendants report to me, and I write the report~ e\'l'r~ mornmg.

Q. I thought the attendant;,; in your department slept through the night'.' A. Of eour~e, tlH"y do sleep. The night watch on the. inside makes the ~tntPments. HP !!'Ot'"' on ut nine nnd (ome~ off when the horn hlmYs in the nwn\i111,!', and wakl'~ up thP hall

attendantH. By Dr. Kenan. \Vhen a dodor give~ an order for si<'k meals, do

you ever have anythilg ealled for for the siek that you are unable to proeure '.' ~\. That is a question tlu~t iH tolerab!y hard. to

answer. A,; a general thing we get what 1s enlled for for the stck.

I suppo;.:e there are exceptions where l have not been uble to get

it immediately, hut may have gotten it afterwards.

Q. Do you ever hav'e any trouble in getting your medicines

promptly'? A. As a general thing we get them promptly.

Q. You reeeiYe all the goods that are sent to the male department, and your wife those that arP :'leut to the female depar~ment? A. We get requi~itious for what we want-for sueh thmgs as

dothiug, tableware and thing,.; of that ldnd. Dr..Jones, the Ph.y~"<ician for our deparment, sends the requisition. We make a !tst

of what we waut; Dr. Jones examines it, and if there isanytlnng he thinks we ought not to have he mark:-~ it out, etc. When we

get the things they are carried to the store room and divided out,

and they are put down in a book that is kept for that purpose.

Q. Do you ever ha.ve to wait longer for clothes, hats, etc., than

WEDNESDAY, OcTOBER 19, 1887.

14;33

you think you ought? A. Not often; they generally supply our wants in a reasonable length of time. I remember a time that we did not get as many hats as we wanted, but I cannot say that we
suffered for the wa.nt of those things. Q. Does the Chaplain never come into your ward? A. If he
does it is only as a visitor--not to do any Chaplain work; he has
never held any services there. There is one item about the sick that I have not mentioned. Sometimes they have to live on milk. Dr. Jones has fed them with milk en~irely, and sometimes with beef tea with a tube for a long time. There are patients in those wards who have been kept alive and improved for weeks in that
way.

l\-fRS. .J. M. DARNELL, Matron, aftimed.

(Examined by Mr. Arnheim.)

I am the matron of the female department. I seriously object to taking an oath. I have cons('ientiow.; scruples about swearing.

I have 339 white female patient,; u11der my charge at present; we

have some out on furlough. My first duty is to the patients; my next is to bl' hom;ekeeper. My (luty i,..; to see that the patients are

well cared for, aml that their physieal eomfort iH looked after.

'!'here are sixty-two attendants under me, I think. There is au average of two attendants to eaeh ward, but in some of our large wards we have three attendants. That depends upou the ,qizt' of

the ward.
Dr. Whitaker iH the attending physieiau for the main female department, and Dr. O'Daniel for the detached department. Dr. Whitaker makes one ~E'neral romHl a day, and wheneYer it is n"cessary be goes oftener. He ~oes sometimes between breakfast

and dinner. 'l'he length of tinll' that it takes him to make the round is owin~ to the (~pndition that he finds the patient in. I have known him to talk to one patient for an hour. If we were

io go right through the hall, it w Aild take him perhaps an hour,

or an hour and a half. The attendants report nw when the patients are sick, and I report to the physician; and the attendants also report to the physician. It' the patient is yery much e~cited I report to him and so do the attendants, and if any sick

diet is needed, the doctor gives a pre:<cription for it and it is

obtained. I often send to the kitl'hen mvself and 1-!'et little things

that I know arp harmless.



'

Q. State what the patients get for their regular meals,> A. The usual breakfast eonsists of <racker-biseuit, hominy, and hash and

coffee. For dinner they get corn-brPad, rice, bncon, bt>ef, and

vegetables, if we have them; some of the patients willuot eat the

beef, but will eat the bacon. For supper tlwy get bread and bu.tter, syrup and tea, and a great many use milk and will not

drmk tea or coffee. Rome of our patientH live on milk diet almost entirely.

Q. (By Dr. Kenan.) How does the food on the first. hall emupare with that of the others : A. It is all the same : tlwre are
extra plates there just as there are iu the other departments. I have n~ver kept a record of the extra plates; I try to attend to

my busmess and let other people attend to theirs. There are a

~tstohm~kdghmaevxaetnrsyapnesecieicadklepdpllahatteeessg.,ivaenWsdihtae. ngothode

many doetor

who sees

cannot be ealled that there is any-


Q..The attendants administer the me1lieines prescribed by the

phySlcians ? A. Yes.



143-l

JouRNAL oF THE HousE.

Q:, There ,are medicines that are termed hall medicines, are there
not . A. 1' es.
Q.. Such as bromides and opiates? A. l don't think the doctors allow opiates to be administered unless under their direction. The bromides are left with the attendants to be &dministered in cases of necessity. The morphine cases have bottles of morphine for them to take ; they are kept on the hall and the nurses administer them.
Q. _Are there any means provided by which the night-watch can look lll through the door at the patient'.' A. She has her key and it is her duty, when she hears that a patient is excited, to go in aud see her.
Q. The only way of ascertaining whether a patient is sick or not i~ by going into her room'! A. We usually know hefore night who are ~ick.
Q. Isn't it true you have men patienb subject to convulsions, subjeet to fits and parox~sms; for in~tance, you might have a patient comparatively well to-day, and during the night something of that kind might come upon her? A. Yes; the only relief that can be remlered in Huch a case is by the night-watch looking into the room. Our nurse'l are always on the hall, and they get up and go to the pat.ients if they hear any noise; they can't help but hear.
it.
t!. :\light not a patient ha\e sudden convulsions, turn over upon
her face and suffocate.> A. r have never known of such a case,
and I have been here several vears. T became Matron four or five years ago. I was installed "as )Iatron after T had been here a
Ill011th. The attendant;; sleep in the hall, and in ca~es of nece~;sity they
get up and attend to those patients. Frequently they get up and go before thP night watch gets there. I do not ~leep on the halls. They keep a hook, a record of every hour in the night, and t~e book is hrought to Dr. Powell. \VhenevPr necessary the doctor IS ealled. Dr. '\"hitaker has charge of the convaleRcent buildingand Dr. ()'Daniel of the centre building and the detached wards at
night for special ealls. (~. vnwt otlwr treatment is given to the patients except such
ash; given when they are sick or laboring under excitement, such as medicim and bromides; is there any other treatment? A. Tlwy are well nursed just as they would be in their own homes. If their sickness requires it, a nurse is placed by tlw bPd side; they
arP nP\er alonp day or night. Q. Do you nJwrt anything to the ph_\sicia.n except physical
uihnents '.' .\. Yes, I do; I report when I find one mentally
worse. (1. ""hat is donP with the patient then.> A. We try to quiet
the patient. Q. Yon mean that if the patient becomes ex<itable or unruly
you report to the physician, and you and the attendants try to <Iuiet tlw patient? A. I do not always go 1~1y~elf to _a1~ excited patient. vrhenever a paLient beeomes Ro exe1tt-d that tt IS neces sary to l'~trry that patient to her room, the nurs(' always reports to me if it hns happened :,;ince 1 left the ward, and when the doctor goes on his rounds that ca~e h; reporte<l to him. (l. If a patient is as she ordinarily appears, that is, without any special danger, no ~eport i;; rna.de '? ~'or in~tance, wh~re th~ pati<'nt goes along wtthout beeom~ng ~xetted, ~tt.hout makmgan~ speeial noise or without any phy;;ICal Ill or suttermg, you make no
report'? A. Exeept that all i;; going on as mmal.
q. You see that she is kept clean, is fed and that her room and

WEDN~SDAY, OcTOBER Hl, 1887.

1435

her appearance are as required by the rules of the im;titution '.' A.

YeQs.. How often are danees given to the patients'.' A. 'l'l1e general

rule is once a week. Only such patients are admitted to the dances

as are well-behaved.

Q. Are there any other recreation::; for the patients'! A. One evening during the week we .have an entcrt~imnent of reading ~nd

vocal and instrumental musH, and on the Sabbath chapel 8ervwes

and a Sunday evening senhe of saered songs. That h; gotten up

among oun;ehes. Rometimes visitorH come and contribute. The

patients of the institution partieipate. Tlw;.;e who are not well

behaved are kept in their rooms and in the hall;,:.

Q. \Vhat reereation have tlwy '.' A. If not too exl'ited they

walk out with an attendant where the,\ do not come in eontact with many passers by, sometimes in l\1idwa~ and Moseleyville,

and they have a big yard for out-door exercise;,:.

Q. what is the average numlwr of tho;.;( who partkipate in the

literary and musical entertaiuments and danel's '.' A. I could not

tell vou. Q. \Vere .von out yestlrday l'Yening looking at the chwce '.' A.

Yes.

Q. 'rhat is about the u:-;ual at tetHlanee; i,; it fifty or sixty ladies'!

A. Sometimes when we have our dances for the female eon vales-

cents, there an more. A good many elderly people come down
to the hall then who do not go up to the dance" in the male con-

valescent building.

Q. Have these ladil':< any reading matter'.' A. Ye:-;, 1 think

there are >'everal newspapNs sent to the institution, and we

always get our share.

Q. There is no library provided for them'.' A. No, sir.

Q. And no papers fumished exeept such a:< are ecntril>uted or

sent by the friends oJ the patients'.' A. :Xo, sir.

Q. Those ladie;.;, some of them, have printte means tuHl ean pur-

chase extras, ean they not '.' ,\. Yes.

Q. How is that done'! A. Through the ~t(wanl. The loctor

gives an order to the Rtt>ward, or I gin' him an ordPr myself.

The doctor i" notified as to thost> who have rnPans, and I am also.

Q. Yon are in charge of the whh<ky thnt is (lt>alt out, are you'.'
!'>- Yes. It is is.~ued only on the requisitions of the physicians. It

IS bought by the gallon. 1 get it from :Hr. Hiee, the storekPeper.

I keep account of how I give it out.

Q. What else are you in charge of'.' A. I han dmrge of the

clothing of the entin building, male anrl female, except the pri-

vate clothing of the males; l haYe uothing to do with that except
to look after the mendiug. \Vhen the nurst>s bring tlwir clothing to the office I have it mended. 'l'he nurses do that, aml l ;.;uppose

we have about a hundred patiEnts who assist in Kewing; but that

isnotcompulsory. The niee work I havP dmw in my office. \Ve

have two seamstresses for that purpose.



Q. What salary is paid to the ;;eam,;tn:-<ses .' A. '!'he same a:-<
to the att~ndants. They an kept eonKtantly busy. The work

is cut out Ill my office a11<ll deliver it to tlw hearl attendant of

each hall-so many garments to be mark. 1 take their receipt,

and when the work i>< brought haek to me I return it to Mr. Rice,

the storekeeper, and they are credited with it. Tlw main work

the !leamstresses ha\'e to do is the m1tting alHI the niee work I

J!.avedone in the office. Often the dothing 1is sent from home.

thQeq.1'rfrhoemlahdoiems ea'r!e

permitted A. Yes.

to

wear

the

dothing

that

is

sent.

to

Q. And it is only the poor who wear the clothes that aw nwde

1436

,JOURNAL OF THE HoUSE.

at the institution'? A. Yes, but there are a good many ladies who do not have sufficient sent from home, and they wear the State clothing, keeping their own for special occasions.
(~. What clothing does the State furnish for the lady inmates?

A. Homespun and calico dresses, all the under-garments, sometimes a few hats and fans, collars, ribbons, laces and things like that and a few roachcombs. Indeed, Mr. I,arnar and Mr. Hammond have never refused to buy anything when I went to them and they
thougllt the patient needed it. Q. 'fhe supplies that the Rtate furnishes are ordinary and cheap
material, calif'o for dresses and homespun for under-garmentst

A. Yes, and homespun for dresseR, and checks also.

Q. And when you speak of hats, you <lon't mean those millinery ''contraption:-;'?" A. Only cheap hats; nothing expenRive.
Q. 'Vhat ~teC0tmts do you keep'? A. I keep a register with the name of mery female patient in the building, the date of her recep-

tion, removal or death. Q. Please furnish us a lbt of the number of beds, vacant and

occupied, and the number of patitntf', and of rooms, occupied and

vacant. The witne:-;>; furnbhed the list annexed to the testimony as

"Exhibit C." :-icc pag-e -. Q. You report that you haYe only thirty-one Yaeant rooms.
You could put more patients in by erowding the rooms~ A. Sev-

eral of the vaeant rooms I am obliged to use for the trunks of the patients and "pecial attendants, dry rubbing-mops and things of

that kind. Q. I see that you have a. good many sitting rooms'? A. Only
seven. All our sitting rooms except :,;even arc used as bed rooms. Six of theHe sitting rooms are in our convalescent building, and

four arc nieely furnished. In orw sitting room we have four

patients. Q. 'Vhieh

ward~

are

in

the

detached

builliug'?

A. 1-i, 16, 17

and HI. Q. In ward :!1, in the eonntlc:,;cent building, you have forty bed
rooms'? c\. Ye~;; in this list of rooms we have some dish-closets

an<l some small clothes clo:-;ets which are not reported.

Q, 1'hl nwan! beds and rooms would not exeeed forty to-day?

A. No, Hir; taking into eonsideration the storage rooms, which we are absolutd~' required to ha\e for trunks, de. ''Vhen I came

out here there were fifty patient>< in a ward, and we were very

much erowded. \Ve never had so many in a ward before. Forty

would till the ward well. \Vard nu1nher fourteen has large rooms

- a hospital room and modate forty patients,

au attendant'>~ bed and will be well til

lreodomw-i-t-handtiwm~illnuacmcboemr-.

It has carried fifty, palletR. There are

hut a good thirty-six

many of them OJ' thirty-<'even

thaerre~

ehtldren on now. The

patientH and their :s1weial attendant u:-;ually s!cPp 1ll the same

room, but I han~ to make a plaee for their baggage.

.

Q. "\\'ho attendants

furnisheH the :spPeial attendants'! arl' furnished bv the partie>< or their

frAie.ndsT.heThsepyec~iial

Uw same food as food txeept by p

the other atten rescription, just

dtahnetsH,amanedasdtohneoot~gh~ert

any. 8pecta patients.

Q. You keep a record of all the ordprs or pres('nptwns that are

sent. to you . A. Yes.



H. C. vVHA'fLEY, Cook, sworn. 1Examined by l\fr. Amheim.)
I am head !'ook of the l<itehen for the center building and those

WEDNESDAY, OCTOBER 19, 1887.

1437

two detached buildings. My salary is $30 per month and meals

and quarters, fuel and lights. I am there nearly all the time. I

hardly ever go oft' anywhere. I cook for nearly 900 people. There

are five hands and cooks in the ldtchen. We pay them $10, $12.50

and up to$16 permonth. We cook by steam, but not altogether.

'We have two bake ovens and two ranges. I am not the baker;

that is a different department. The biscuitH are baked in a

machine. I have nothing to do with the baker's bread, and any-

thing like that. That belongs to a r;eparate department altogether.

The Steward buys the supplies and they are issued to me by Mr.

RiQce.'

the storekeeper. How about sick

He sends them in a bulk. meals'? A. I am furnished

with a

list of

dishes required for the sick and the nmnber of extra plates. 'fhere

is a copy of it sticking up in the kitchen.

Q,. Please get us one of these eopies.

The witnes~< furnished to the eommittec the list called for, show-

in~ the articles prepared for sick meals and extra meals, the same

bemg annexed to the testimony a:,;'' Exhibit E," page-~.

Q,. This is what is handed you whenever a requisition comes for

a sick meal or for an extra meal ? A. Yes.

Q,. A sick meal or for an extra meal is a lwtter meal than you

furnish to the rest'? A. Yes.

Q,, How many extra meals are furnished daily'? A. There are

about 150 or 160 extra meals daily; the number varies; sometimes

they are less. I give anything called for by the list-anything

that I have on hand at tlw time. If I do not haYe it I cannot

give it.

Q. I have heard complaints that vegetables are scaree; how is

that? A. They ar(' ,;earre; we have had very few vegetables thi~.

year, and some of them say we havf' had more this year than

others, but I do not think that is (!Orrect. They are scarcer this

year than I have known thf'm to be yet, and I have been here for

four years in the kitchen ; bc'fore that I was on the first hall as

head attendant.

Q,. For regular meals you give the following: for breakfast, beef,

hash, hominy or rice, two biHeuits and coffee; for dinner, boiled

beef, hominJ or riee, corn bread and vegetables, if they are on

hand; for supper, baker's bread and butter, and r;yrup and tea'?

A. Yes; I do not know >vhat they furnish for the first hall for

supper, except tea ; I furnish the tea and the extras.

~- You have a record of the extra meals? A. Yes; we keep

one in the kitchen.

Q. How do you receive the vegetables; how are they given to

you? A. They are hauled up and put in the tower. I don't

know anything about the measurement; all I know is whether

they are plentiful or scarce.

Q. There is some complaint about the vegetables being old or

not s~fficiently furnished-corn, okra and things of that sort? A.

That IS true; I don't say that it is so all the time; of course,

sometimes we get okra that is all right, but, as a general thing,

they keep it most too long.

Q. How is it during the winter about vegetables? A. I don't

know how to answer that; I never paid any attention.

Q. W_hat vegetables do you get in the winter? A. 'l'urnips and

such things as that, collards-very few in the winter time, and for

.a year or so we have had plenty of sweet potatoes, but none

lately. I was told that Mr. Hollinshead had raised some potatoes

an.d Mr. Cook some. I receive them, but I don't know who ~them. I cannot tell what percentage of the vegetables I get

t comes from the gardens. I just go to the tower and get them.

.TmJRXAL o.F THE HoUSE.

They are cleaned there by a detail from the colored buildings and I sen_d my cooks and is,;ue them out as far as they go. Wed~ the

cookmg for t by Mr. Rice;

hteheo~ffidcrearYs~,

too. their

Their rations are rations ,;epamtely

issued separate! from the patientf.

Whatever they want Is charged to them; I keep an aecount of

all the oftlcPrs who are served from that kitchen. I do not cook

for Dr. Powell, for hE> has a >~eparatc kitchen. 'rhe attendants get

about the same a,; the patients.

Q. (By Mr. Humphries.! Ti" the flour that you have nice white

fresh flour'? .\. Yes.



'

'

Q. Is the beef tirst-l'las,.; bed'! A. Sometimes it is and some-

times it is not very good.

(l How about tlw eotfee, what grade of eoffee i;.; it'.' A. It iR

very good coffee so far a,; I know.

Q. Is the riee bmken, or is it in whole grain,;'.' A. It is !lOme-

times broktn and sprnetimes in full grain.

(~. How ,~hout the grits'.' A. They are all right so far as I know.

Q. How about the tea'.' A. I do not know amthing about the

tea; l do not driuk tlw tea.



Q. 'Vhat kiuct of :-<ugar i>' genera]]~ used . A. Brown sugar in

the kitC'heiL

Q. You furHi><h only brown sugar for the coffee, and it is sweet-

cued in the kitchen.> .\. Yes; it is all ,.;weetened just the ~arne;

it is sweetened hefore it i,.; <lrawn oft from the kettle.

q. (By Dr. Kenan. 1 J)o the patients ever have to ,;tand back for

any bod~' ebe'~ preferences, in regan! to getting good beef, etc.?

A. Iu the morning the offieers ~end there for their rations, and

whatever they eall for I weigh out, and the lwd that is left after

that !,; cooked and sent to the halls. 'Vhatever thcv call for [

send and chargf' it.



(For testimony of this 11itness IYhen reealled, seep. -I

THO:i\L\N T. 'VI:'\D~OH, Trea~urer, sworn.

1Examined b.Y 1\Ir. Arnht'im.)

Lam Ttea.sunr of the in,.;titutiou, and hai'C been since October

1871-1. My ,.;alary when I first took the ottice was :'!:400; my bond

then, T tl1ink, ,\,as :i'iJ,OOO. Two or three years after that rny salary was inereased to ~:iOO. Then some two or three year,; ago they

increaserl my bond to ~10,000, an<l my salary to :11;()00. Q. \\'hat amount of Juonev do you haudle monthly'! A. Just

what is tunwd ovN to me frtnn tiH' requisitions. 'l'he rule of the
Roan\ of Trustees i,; that r make my return,.; to the President of

the Board the tPnth' of Pven montil, the rPturn,; of the previous

month, and 011 the placP the requisition

:!Oth so a;;

tiw requisitions to ha1e it read~

arP hande<l to me. I to meet.all demands of

tlw iustitution ngain,.;t it. I have to balance up wtth the steward

to the lOth of the >4UCC'eediug month, and that is approved by the Trustees. The President of the Board eomes into m~ office at

eettain timPs and goeR through my hookH anct examines them.

Q. Does Jw do that monthly'.' A. :"'ot alway,; monthly. All

IllY voueher:< are examined to the liJth of last month.
Q. Do you eome her0 at au,. particular time and report to the
Board, 01: do they <~ome to ymi a111l look over you~ aecounts? A.

<'apt.. X ewell, the President of the Board, exammes and checks

oft. He was one of the l<Hal examining committee hefore the

death of Col. \Vhittle, the former President, and 11id that then

ami lw has siJHe <ontinued.

WEDXESDAY, OcToBER 19, 188i.

1439

Q. You pay nothing except what is checked for by the Rteward '?

Q. A Nothing at all. You draw the money on the requisition monthly'? A. I

selected the First National Bank, of Macon, as my depository, and

sent my requisition to them with power of attorney, and they

dprreewceitd~anmde,

it was no expense to had the money sent

the State. by express

Mr. Hunter, who to Milledgeville in

currency aud took charge of it himself, but there was an expense

attending that every month. After I took the treasurership, with

the consent of my bondsmen, I made my deposits with the First

National Bank, of Macon, thinking that was the safest place that

I could put it. I would sell checks here upon the First National

Bank of Macon, as exchange, so as to get the currency here; and !nste~d of drawing the money from the bank and bringing it here

at an expense, it has been no expense at all. I endeavored in

every way I could to ,.;ave l'Yery dollar of expense I could.

Q. Have you always been able to dispose of the checks on

Macon'.' A. Always; I IJe\'er had any trouble. And in connec-

tion with that I will state that what enabled me to do that was

this: After the clo,.;e of the war there was a small banking agency

here for a few years; that banking agency wa,.; closed up, and

after they closed it up, before Hunter turned over his business

1 to

took the treasurership,
me, and Mr. L . .r. Lamar,

Col. the

present SeewarJ of the asylum, who was my former partner in

the dry goods business, took up that bmdness in connection with

me, and we worked it up and made a heavy business out of it.

When I took the treasurership, the collecting business aided me

very much in placing all the funds of the asylum here without

one particle of expense. The :Yiillidgevill~ Bank has since been

established, and has taken the whole business out of my hands.

I dealt with the First National Bank, of Macon, up to the present

month; now I make my deposits in the lVIilledgeville Bank. They receive all the mm1ey 11ow, and there i~ uot one farthing of

expense . . Q. .When ~fr. Lamar drew a check upon you, you sold the check m M1lledgenlle and got the money'? A. Yes.

Q. For in,;tanee, he would draw a check in favor of one of the

employees for so many dollars, monthly salary ; you sold the

check, he got the money, and in that way you checked out your

money from the National Bank'? A. Yes.

Q. Would not the exchange bring a premium here; instead of

being an expense, ought it not to have been an income to the State'?

A. Whenever I IlPeded the money I always soltl th cheeks. On

small checks I eharged a little exchange, about an eighth. Q. Over and aboYe? A. Yes.

Q. If a merchant in Milledgeville wanted a thousand (hllar" in

exchange, you would gi\e a draft on Macou, and charge him one-

eighth? A. Not in all instances; that was on small checks that

was done in.connection with my own collection business. '

inQt.oYyoo~urodw1dn

not. charge the State huHmess'? A. It went

anything, and you put into the general fund.

that

I Q. D1d you haye any fund in l\facon besides the State fund'? A.

hhad some of my o:vn funds. On one occasion I <lid not know

~t taewt atrhd,eywawsearne

gomg to draw old gentleman,

(for Dr. tardy in

Hammond, getting out

the former his requisi-

1lo~j), I!Jld they drew upon me for $1,700 in excess of what the

~nescktust1w0onuldh.acdo. me'rihneyra

overdrew pidly, and

me on two I paid them

occasions. 'l'he as they came in.

two occas1ons they overdrew me ,;orne $ROO. Then I stopped ;

lHO

JouRNAL oF THE HousE.

a~ the merchants in town testified, I refused to pay their checks

In my transactions I have endeavored to save the State.



Q. You have a continual fund of $14,000 the amount of the

monthly requisition, going around and around, to meet the expen-

ditures? A. Yes, drawn and expended monthly.

Q. How much undrawn appropriation have you on hand? A.

My lOth of August talance shows cash on hand $4 845.89. The

last requisition drawn was the requisition for June, but it has not

been entered up here yet. I have it on my cash book. The July

aud August requisitions have not been drawn, and the money is

still m the State Treasury. The drafts drawn since the lOth of

August, when this balance was entered, will not be entered by me

until the lOth of next month; but I have all the drafts filed. I

keep all tlw checks to them,.;el ves.

'1. Show me your last entry'! A. The last entry is for the

month of July. (indicating)-$15,048.66 for July.

Q.. Then you drew altogether since October, 1886, $1f>5,703.79?

A. Yes, less :;i9,8i0..1U, which was on hand in October, 1886.
1. You haye paid out since that time, to August 10th,1887,

:,i;I;i0,85R.lO, wllich left on hand Augu:;t lOth, $4,845.69. In addi-

tion to that you luwe now ou hand, in bank,S14,583.33, drawn as

the .June rC'quisition'! A. Yes, we have that, less what has been

drawn since.

(~. Ami the amount~ of the .T uly and August requisitions are

still in the State Treasury subject to your draft'!. A. Yes.

(~. Have you an aceount for "special appropriations;" how is

that money drawn? A. That special appropriation was expended

when these new buildings were completed. The specia. appro-

priations were drawn at irregular intervals.

(~. You did not dmw the entire amount at one time'? A. No;

here are tile amount;;, (indi(~ating).



q. \Yh!'n the State l'ets apart a certain amount, you only draw

the money a,; ueetle(l'! A. The requisition is turned over to me,

and I send it to the bank with the power of attorney and the

bank draws it.

(~. Rothe amount drawn is not determined by you'? A. It is

drawn by the Lank just as they need it.

Q. Iu i879, in August, October and November you drew $15,000

-::iii,OOO each of these months, out of the special avpropriation,

which was paid out as checked off here? A. Yes.

Q. You have paid out for special appropriations, from January

18, 1882, to October 1, 1884, S77,00ii.46? A. Yes.

Q. \Vhatever the check is for, you pay the check without

inYestigating what it is? A. Yes.

..

.

(~. Did you receive any interest from the ~epos1ts m theNational

Bank, of Macon, from the bank'? A. No, s1r; none at all. I never

asked for such a thing.

Q. You had it depo~ited on call? A. Yes. (~. Is it not customary to vay interest on the deposits'! A. I do

not know, sir. Q.. What years was Mr. Lamar associated with you in business?

A. Up to Cl. You

February, 1R84. were in a collecting

and

banking

or

brokerage

bus. me~?

A. Yes; I have closed my collecting business here lately. It dtd

not amount to but little.

Q. The sale of the exchange produced to you a premium of on.e-

eiahth per cent. arising from those deposits which you made m

b:'half of the Lunatic Asylum, in addition to your salary as treasurer of the institution'? A. My own funds and the asylu~ funds

were all kept on deposit in Macon. As a general thmg, tf I got

WEDNESDAY, OcTOBER 19, 1887.

1441

pushed for money and could not sell enough or receive enough in

my collecting business, I would draw the money from Macon.

That has occurred lately uecause I had no collections, the bank

having taken away my collecting business, and I was forced to

draw the money from Macon. As I told you this morning, the

Lunatic Asylum overdrew me one time some $1,700 and I paid the

check, another time $700 and I paid the check. Q. Up to the time you ceased your collecting business, you ~old

exchanges at one-eighth'? A. On small checks. On large checks

I charged no exchange.

Q. Isn't it customary to pay for exchange here as in any other

place during the busy season, generally? A. Yes, .Milledgeville

deals with Macon to a great extent.

Q. And buys exchange on Macon ? A. Yes.

Q. And you charged one-eighth as to your own funds and all

the funds you had in Macon'? A. Yes; I was glad to get the

money here so as to save the expressage.

Q. For instance, if I went to you awl said, "I want exchange

on :\lacon for $.500 or S50," you would say, "very well, I will

charge you the customary rate of exchange on .Macon-that is one-

eighth." A. I say, not in all instances.

Q. Isn't that the custom now, and doesn't the bank charge it'!

A. Yes.

Q. And before the bank was here you clmrged that exchange

in your business as a collector and broker'? A. Ye,;: I had on

deposit in Macon in the First National Bank considerably oYer

the amount of the asylum funrb. I had my own funds there.

Q. 'Vhen you balance your books at- the end of the month,

how do the Trustees verify--simply by cheeking off here'? '!'hey

do not place their approval at the end of the month or year upou

your books at aU'? A. X o, sir; I suppose they examine i\Ir.

Lamar's accounts in connection with mine to see if they cor-
respond. I draw up my statement every month, and :ur. Lamar

makes a certificate at the bottom that this statement accords with

the entry on the books in the office. It is examined and apprmed

by him and then turned oYer to Mr. X ewell.

Q. When do the 'l'rustees make their examination'.' A. 'l'hey

meet the 20th of each month.

Q. Do they examine your books? A. J\Ir. Xewell, the Pre,.,i-

dent of the Board, acts as a committee of one for that purpose,

and he comes to my office and examines them. Ever since I lwve

been Treasurer, it has been his business to do that. He does that

by himself.

Q. You ~poke of having some diffieulty lately in getting money

here, how JS that? A. The bank here had taken pretty much the

whole of my collecting business anrl I had to draw on 1\Iacon;

I got it in cash front the First National Bank.

Q. _Did yo\~ c_harge any expense to the "-\,.,ylum'? A. On one

?Ccaswn I patd tt myself, and sometimes I charged it np; where

It was charged up it was entered on the bill of the express emn-

pany. That has only been lately. It would not octur now

because I make my deposits with the l\Iilledgeville bank.

Q. Have you had any trouble since you've had it in the :\fil-

ledgeville bank'! A. None at all.

Q. (By Dr. Kenan.) You spoke of having had trouble with the

mone_y heretofore-will you state what money trouule you have

had smce have had

wyoiuthhtahvee'rbreuesnteeths eabTouretatshuereSrtaaten'd~

auy difference mo'ncy _> A. 1

you liave

alluded to no trouble.

91

1442

JouRNAL OF' THE HousE.

Q. Did you never have any difficulty with the trustees in regard

to the State's money, and did they not have you before them? A.

~~~L

.

Q. When did that occur? A. In 1879. From 1874 I think we

had the whole collecting business of the city to do-the fl.rm of

\Vindsor & Lamar. We had to furnish exchange for the Asylum After I was elected in 1878 we had to furnish all the exchange fo~

the Asylum. I advanced to the Milledgeville Manufacturing

Company at one time a certain amount of money, and they were

to have given me, as they always did, their check at the end of

the month. Two days before the death of old Mr. Waitzfelder the President, I went to see him and he told me that as soon ~

the month closed he would hand me a check, giving me New

York enchange. The Asylum was compelled to have it. Two or

three days before the month closed the old gentleman died. If

he had lived the whole amount would have been turned over to

us. But his son, unfortunately, tried to defraud us, and I was

unable to get the money from him. I informed the trustees of

the fact and they closed down on me. They withheld the appro-

priation, and I had to make up the money. I lost $2,500 by the

operation. The books here show that the requisition was not

drawn the next month. Col. "rhittle required my oond to be

renewed. I am an old man and I know I did great wrong in

doing what I did ; and of all the scoring a man ever got, that old

gentleman (Colonel ~Whittle) gave it to me.

Q. For using the money of the State indiscriminately with your

own funds? A. Yes, for using the money as I did.

Q. The only wrong that you did \Vas advancing part of the

State's money to ~Waitzfelder. He died. '!'hat money was not

paid over to you. You were short, and made up the money your-

self'? A. Yes.

Q. How long was it from the time you advanced the money

until you returned it to the State'? A. One month. There was

no shortage on the books.

Q. (By Dr. Kenan.) State whether or not a living human

being knew that you had loaned this money, or were you allowed

or permitted or advised in any way to loan that money to Waitz-

felder? A. No, sir.

Q. Did any of the trustees know of it'? A. They were in per-

fect ignorance of it; they knew no more of it than a child

unborn. Q. The only fault that you were guilty of wa~; in using the

State's money in connection with your own to run the Milledge-

ville Manufacturing Company? A. Not to run the factory. It

was done without any consideratiou from them. My bond was

afterwards increased-doubled. The bond is now $20,000.

Q. (By Dr. Kenan.) At the time the trustees had you up, I was

under the impression that you stated that one of the trustees told

you that you could make the loan to \Vaitzfelder? A. No, sir;

so help me heaYen, there never had been a word said to me

about it bv the trustees or by me to a trustee.

Q. Have you never loaned any money to a trustee'? A.. I have

advanced money to you on your checks ofte!l (addressmg Dr.

Kenan). I advanced it whenever you wanted tt, and collected It

at the end of the month; I did the same with any of the officers

and never charged anything. It was simply an accommodation.

1 do that now, if one of the officers wants $10, $15 or $20 on his

pay for the month; I simply advance it and collect it when he

draws his check.



Q. Have you never advanced money to the trustees out of the

WEDSESDAY, OCTOBER 19, 1887.

1443

1unds ~f the asylum? A. Only to the extent of cashing their

checks wben they wanted to draw money on their salaries. I did

that at my own risk.

.

Q. Have you ever lent money to any of the trustees out of the

BSllum funds? A. No, sir. Q. You have never held their notes? A. Not for asylum funds.

Q. You have never tried to discount their notes'! A. No, sir;

not for asylum funds. Q. If you ever did that, you did so with your own private

money? A. Yes. I have a book here that I wish to show you.

The idea has gotten out in town that I have been banking upon

asylum funds. Here is my book showing my accounts since I

have been alone in business.

Q. Have you dealt with the trustees? A. I have ii:J. a small

way but I have got funds of my own.
q,,' What trustees have you dealt with'! A. I deal with them

all in cashing their checks; it saves them sending to Atlanta.

Q. Do you deal with them in any other way, making them

larger advances? A. Not at all.

Q. I see an account on this book with :VIr. Lamar as County

Trelll!urer (referring to the private book of accounts exhibited by

the witness). When did l\fr. Lamar go out of office as County

Treasurer ? A. Last Jannary.

Q. He was in the employment of the asylum and was at the

same time the Treasurer of the County of Baldwin'? A. Yes.

Q. What was his salary as Treasurer ? A. At first $~00, and

afterwards $500.

Q. You did a collecting business and received deposits? A. Yes.

Dr. Powell put the Graves estate in my hands, and I had for

eighteen or twenty-four months $6,00U of that money in my

hands that I had the use and control of. I want to show you,

gentlemen, that I had plenty of money in my office. There were

sometimes $10 000 that I had the use of, outside of the State's

money. 'fhis is my deposit account (exhibiting). There is acon-

'cem I have been dealing with for years-Perry & Denson. Their

deposits were heavy, aggregating $.59,000. And here are the

names of others who dealt with me.

Q. They d~;ew it out rapidly and left small balances? A. Yes. I

want to show you that I had plenty of funds on hand to do busi-

ness of this kind, and that sometimes, while the account was kept

in Macon with me as Treasurer, I had far in excess of the amount

held by me for the asylum.

Q. The account in Macon was kept with you as Treasurer, not

individually\' A. Yes; it was always kept with me as Treasurer.

Q. They never had an account with you individually? A. No

Here is a book (indicating), which shows whete I had my funds

dep?Sited for the Asylum prior to depositing them with the First Nat10~al Bank, of Macon. It shows so much in one place and so

much m another. From 18i9 on, I kept the money entirely in

the First National Bank, of Macon.

Q. Did you have your funds in those places as treasurer'? A. Yes.
Q. I! you have any cash on hand now, does anybody inquire or

lnvesttgate where it is'? A. From the time that this unpleasant-

nE?elssono~clcuWrrhedittlweirtehquthireedMmileletdogreevpiollret eMxaanctulfyatchtuerainmgouCnotmipnanthy~

uank m Macon, and he always went there and examined for him-

self..You willf_ind that every one of my reports shows the bal-

ance m the Natwnal Bank "up to check so and so inclusive."

1444

JouRXAL OF THE HousE.

Colonel Whittle always went to the bank and checked over the account.

Q. If you dealt at all in the notes of any of the trustees has it

been done lately"? Have you discounted any of the notes' of the trustees lately. A. No~ with any of the State's money.

Q. Have you dealt w1th them to any extent over and above the

ehecks to which they are entitled for their salary? A. No sir.

that book shmvs my individual account.

''

Q. You have not dealt with them as an individual exceeding

those little advances for which you take due bills? A. No, sir.

Q. (Ry Dr. Kenan). You say you have never attempted to

discount .Mr. Newell's note at the Lank'? A. No, sir; I do not

say that.

Q. Did you ever do so'? A. Yes, on one occasion.

Q. There is no account ,,ith him in this book'! A. No, sir.

t,l. Yon deal with i\lr. );[ewell a;; an individual? A. Yes cer-

tainlY.

'

Q. "as the amount of }lr. X ewell's note a large amount? A.

Xo, l:'ir.

(,1. r By .\[r. Aruheim). If you lliscountecl or tried to discount a

note of }lr. X ewell, that was not with any of the asylum money, and wa~ not in a large transac-tion'! A. X o, sir.

(~. 1Hy Dr. Kenan i. Dill the bank in .\lacon ever make

advances to you for payment of the asylum accounts? A. They

mav have (\one so in ,..ome instances. Colonel \\'hittle made an

an;tHgement with the bank that if I needed any money at the

t'IHl of tht month I should draw l\1\(l they woulrlpay it. I have

oYerdrawn SI!lall anwunts sometiines, \Vith the consent of the

hank, when money wa,.; nelded. (~. Dill any one employed in the inHtitntion ever have to sell his
ehelk at a discount to get cash-not to you, Lut to outsiders? A.

I do not kii0\1.; if it \\as ever done it was done in their own

wnmg. If thl'Y brought a cheek to me it was always cashed. I

han IteYer refused to cash their ehecks, and I have never taken a

farthing for it.



IHq'"".

Ytl\1 an I mu i

in lm,.,iues,.; n no broker

11ow .' A. I age husiue:;s.

rlo I

a large insurance lnwe to have an

busi office

for payiug off c-heeks of the asylum. I de~ire to make an explanation of my testirnoi1y as to the

,.;pedal appropriations. (See pages- -.1 1 overlooked the fact

that !lwn.' was another speeial appropriation account for 188-!.

On Odober 1st, lS.'i-!, the lmlance ou hand was 8:.!08.8-!. On October :2.ith, 5-:10,000 was dmwn; ~ovember :.!lstSlO,OOO; December :iotli, SIO,OOO; Jauuary :.!Oth, ::-.1,00U; .March :.!Oth, :-:10,00~; J\larch

::lith, ::'-\0011; April :20th, :<),000; .July :.!Oth, ::'),000. On .l'\ ovember

q.' 1Hth lSS::i, there was a requiRition for S5,;li5..3:>. Ha\'e you any extraonlinary appropriatiou. account'? A. Xo, >"ir; it goe~ into the general account. For wstance, they

,..ppnt Sl.),OOO la~t .'ear in that way.

,.

Q. You lutve no ~pedal account of that : "\ . .No, ~Ir.

1~. Yon

You Himply will ti nd put

cuter down

the here

check~ a,; "Onlinary

they come Hqmir.~," a

nll1d?11

A. Ext

Yes. raor-

d ina r.\ Hepai rs."

,,it ,~ee pagPK - - - - f o r te~tiHwny of thl' ness when recalled.)

1'. c\. '\'E~T, Apotheenry, S\YOrii.
(Examined hy .1\Ir. Amlwilll.) I am the apotl1eear~ of the asylum. l\Ty salary is $1,250. I put

WEDNESDAY, OcTOBER 19, 1887.

'1-445.

up the prescriptions and attend to any other duties that ~!l;Y he assigned to me in the apothecary department by the physwmns.
In one year I have put up 18,846 prescriptions; they were counted by druggists in Milledgeville. I ..ast year there were about 13,000; this year they will amount to about ~0,000. \Vhen I carne here I was getting $1,000 a y~ar. They promised me that after. awhile my salary should be raised. Dr. Hall carne to me about It. Dr.
Kenan was the first man that spoke to me about coming here. I was offered $125 a month in Little Rock, Arkansas. I showed the letter to Dr. Hall. He told me there was a position open to me here and advised me to stay and come here. I told him I did not ~re much abo'ut taking the pmlition, that I did not know whether I could fill it satisfactorily, and he insisted on Iny staying
and coming here. Q. In addition to filling prescriptions, do you do any other
work, such, for instance, a~ making tinctures, essences, cte '.' A. I make all of them nearly.
Q. You buy the crude material and then manufacture them'?

A. Yes. Q. Does that take up a great deal of your time'? A. Yes. Q. How much of your time is required by the department that
you fill? A. I am busy all the time. Q. Is your whole time devoted to the asylum? A. Yes; nearly
all. Q. What time do you go to your department'? A. I get up
nearly every morning at day-light, and stay there. Hometimes I do not go to my breakfast.
Q. Your main work is in the morning when the prescriptions come? A. After that I have to make up and prepare my prescriptions for the next morning.
Q. When you talk about filling these preseriptions they include
everything and anything taken out of your department'! A. Yes. Q. X ot only rnedieines, but other things ? A. There is nothing
else there but medicines.
Q. What medicines do you furnish that are termed "hall"
medicines'? A. Sometimes bromidht; they keep that on the hall principally for the epileptics. It is a very weak solution. \Yheu there is a special pre~cription, something stronger is given.
Q. Don't you have a solution of morphia'? A. Yes, but it is
very weak-a tablespoonful to a quarter grain. That is tumed over to the attendants, and given without special instructions from the ~o~t~r. Only a v~ry small qmmtity is kept on the halls. The bromidia IS kept there m quart bottles, but not the morphia. Disinfectants are also kept on the halls.

Q. For all that you receive prescriptions'? A. Y eH.

Q. What is the scope of the drugs kept in your department, are th~y for all the ilh; that flesh is heir to'? A. You ean find any-

thmg that you can find in any first-class drug store.

Q. What has been the health of the asylum'? A. I should sav that it ~as been pretty good. Of eourse you know there is mo1~e or ~es~ Sickness there all the time and there are a great many prescriptiOns.

Q. I~ there incr~ased sickness this year '! A. There is 2.n increase

of patients. I thmk there has been a great deal of sickness this

year-bowel troubles, etc. The pres('riptions this year may run

to 25,000.



Q. You purchase, on an average, about $4,000 worth of dmgs a
year? A: Yes. I do not buy the drugs. I make out a requisition and turn It over to the steward, and the steward purchases and I account for it.

1446

JouRNAL OF THE HousE.

Q. Have you looked over the prices that are paid for the drugs?

A. I do eYery month.

Q. How do the prices compare with the prices usually paid by

others? A. 'fhey are bought very cheap. Mr. Lamar returns the

packages and saves expense in that way. You know in buying

drugs, every demijohn or bottle is charged up in theacbount. We

use ~he same vessels over again ; they are refilled. He has been
buymg for the last three months in Milledgeville. He buys at

wholesale prices.

Q. Can these Milledgeville houses compete with the large New

York houses? A. I think so.

Q. You haYe no wholesale hou,;es in Milledgeville? A. No,

sir; but the:> do a great deal of business of that kind. We buy

from John ::\1. Clarke a great many goods, and he is one of the

finest ehemists in the United States.

Q. Do you eYer hase to get up in the night to fill prescriptions?

A. Yes; it is frequently necessary for me to do so.

(~. The medicines that you furnish to the officers and attend-

ants for their own use-who pays for them: A. Iftheattendants

are siek on the hall, they are entitled to their medicines, but if

they go home sick, or get medicine for their families, they pay for

it ; and the officers pay for all they get. That is collected from

the check;; by the stewardi<.

Q. You d(i not keep any whiskies, brandies, or intoxicants of

any kind in your department now'? A. No, sir.

Q. Xotsincewhen'? A. Xot intwoyears; Idonotremember

the exact time. They kicked against it for a long time, but I told

them to try it, and I thought T could fix them up something else

that would answer the purpose.

Q. \Yhat preparation did you furnish as a substitute'? A. There

are two preparations-elixir of beef, wine and iron, and elixir of

calisaya all(l iron, and we sometimEs give elixir of quinine and

iron.

Q. You give these things as a tonie, and if any whisky is dis-

pen,;ed in addition to thaf you do not know except by hearsay?

A. Xo, ,-ir.

Q. (By Dr. Kenan.) \Vhy was it that you asked the Superin-

tendent to have that whisky taken out of the apotheeary shop?

A. Then were four or five keys to the apothecary shop.

Q. \Yho <lWned those keys? A. (Addressing Dr. Kenan.) You

had one. I made efforts to remove it when you were here. I first

made an appeal to Dr. Powell at the time you were here to remove it. M~ attention was first called to the matter by your taking out

some \dthout making any record of it. Dr. \Vhitaker came to

me aiJout it and I looked and saw you did not have any record1 and I was told not to let out any without a record of it. It coula

be ascertained from the bottles that whisky had been takn out,

that whisky was missing. 'l'hen you interested yourself very

much in ~ming to the Trustees and seeking to make me respon-

siiJle for the whisky kept there. I told Dr. Powell that I could

not be responsible for the whisky with a half dozen keys belong-

ing- to it.



Q. Is it not true that all the other medici nel-l now are subject to

people who have keys? A. Yes; but it was a little harder to

ke(e~p.

whisky than \Vill yon get

the rest. us all your

books

and

, .. pres?nptwns for. th_e last

year~ ('!'he witness produced his books and file of prescnptwns.)

Q. Here are prescriptions for hair oil. Do you call. tl~at a JJre-

scription~ A. Yes. I am ordered to put that up; 1t JS for the

WEDNESDAY, OcTOBER 19, 1887.

1447

officers. My orders are to put up everything that comes to the

shop in the way of a prescription.

Q. Here is one for carbolic soap, another for porous plaster,

another for four ounces of bromidia, another for camphor, one

drachm another cosmoline, two ounces, common yellow grease,

By ftax etfJ'. Do you call these prescriptions? A. Yes. Mr. Humphreys. What is a prescription-an order from a

doctor for certain medicines? A. Yes.

By Mr. Arnheim. You apply the term " prescription" to every

requisition made on you by a 1hysician '? A. Yes; and you will

find it so in every other drug store in the United States.

Q. You dispense these things only on the prescription of the

physician. A. Yes.

Q. \Vhile in ordinary drug stores a man will go in and get many

of these things without a prescription? A. Yes.

Q. (By Mr. Brown.) About what percentage of these prescrip-

tions are mixed-I mean in what percentage of the cases are the

drugs compounded by you'! A. About the same per cent. as

would be in any ordinary first-class drug store with a first-class

druggist.

Q. (By Dr. Kenan.) How many reports do you make in the

year, and what sort of a report, to the Superintendt>nt '? A. I

make one yearly. I take stock from bottom to top in my depart-

ment.

Q. Do you ever make your invoices of goods purchased tally

with your prescriptions? A. No rnan in the world could do it;

no man could take a barrel of sugar and weigh it out in ounce

packages and have it come out right, nor a thousand pounds of

wheat, and it could not be done in the drug business. I have

made my report once to the Trustees this year.

Q. You have never taken your liquor account and tried to make

it tally with the amount on hand'? A. \Vhen I had charge of

the liquor I kept a regular account.

Q. Have you the records of the liquors for four years back? A.

No, sir; I never kept them. You will find in the Executive

Deyartment and :M:r. Lamar's a copy of every bill.

"l Have you got anything to show the li<1uor that went out of

your department in 188-1 aml 188.'i? A. No, sir; you ean find

what was purchased from Mr. Lamar's account.

Q. (By l\Ir. Arnheim.) \Vho do you consider your superior'?

A. Dr. Powell; and I am under the special superYision of Dr.

Hall. I am under the general charge of the physiciam;.

Q. You are Dr. Powell's son-in-law? A. Yes, sir.

Q. When you need to buy anything i;; Dr. Powell the one you apply to? ~ No; I find from the physicians what they want,

and apply d1rectly to :\ir. Lamar.

Q. (By Dr. Kenan.) \Vhat do you do with the liquor sent up to

the Trustees? A. \Vhen I sent liquor to them, I just made a c~arge of it. \Vhen you were here you would carry them in and

gtve them what they wanted, and no charge was made.

Q. You have never seen any one take a drink in the apothecary

shop in the last two years? A. Oh, yes; I have seen that.

'

Q. Have you ever seen any of the offietrs of the institution

under the influence of liquor'? A. X o, sir; I have not.

drQun. kYooru~dotign~ot,t"k.noorwunadneyr

officer of the i the influence

nstitution to ha of liquor while

ve been an offi-

cer of the mst1tutwn '? A. I do not. \Vel!, I will take that back.
Do you mean since I have been an officer'?

Q. Yes. A. I have seen one; I do not know whether it is true

or not, but I heard you were, one night, and that you danced

1448

JouRNAL OF THE HousE.

until three o'clock in the morning. I will say that to the best of my kno_wledge and b~lief, Dr. Kenan was. I cannot tell you the

exact time; but I thmk there are two other gentlemen who can

tell you the exact time; it was something that I never thought

would come up and I never paid much attention.

Q. (By Mr. Brown). How about the secretary'? A. By the way you will excuse me! gentlemen, I had forgotten him; I have see~ the seeretary. He IS the only other one that I know of.

Q. "\\'hen have you seen Dr. Kenan under the influence of

whisky? A. It was some time ago, one night at a dance. He danced until two or three o'elock.

Q. (By Dr. Kenan.) _-\ dance run in this house until two or

three o'clock in the morning'? A. Yes; I think you are the very

one who ran it.

Q. (By l\Ir. Brown.) .Are the inmates of the asylum allowed to

<lance that late'? A. ~ot if the Superintendent of the institution

knows it.

Q. '\\"hen that danee was harl where was Dr. Powell'? A. I

don't remember; I will haye to refresh my memory; I remember

the circumstanres merely; I am not very good on dates; it seems

to me that he had gone off" somewhere; he was off in Cincinnati,

it seems to me.

Q. 1By Dr. Kenan. I .Mr. "\Yest, have you carried any malt or

1-'pirituous liquor;:; into any building of the a;;ylum lately in your

hanrl~, into the front door of any of the builrlings'? A. Xo, sir;

not that I know of; if I haYe, I haYe no reeolleetion of it.

Q. (By 1\Ir. Arnheim. I You luwe referred to your having seen

Dr. Kenan under the infiut>nce of whisl;;y; is it not true that Dr. Kenan is a solwr man in his habits'! A. He is generally consid-

t'rerl Ro, sir. Q. ~ot a drinking man or gin'n to indulging in t'xcesses of any

kind"! A. Xo, sir; I have never known hut that time.

Q. 1lly Dr. Kenan. I A man is not supposed to criminate him-

self, but have you eYer been tight'?

.:\Ir. Arnheim. I will state, as acting chairman of the committee,

that you are not bound to answer that question unleEs you desire to.

A. T have never been in that condition since I have been an

ofticer of thi::; institution. I will take, every good citizen that is in .:\Iillecigt'Yille aurl I "ill guarantee that every one will ~ay so under

oath; I will take every officer here and will guarantee lJe will say

the same. Q. (By Dr. Kenan.) Is it not true that attendants and other

officers have been fined for having liquors in their rooms, and

do you not know that last Christmas there was cirunkenness

among the attendants and that Dr. PowPll discharged some and

fined others? A. I do not know; I remain in my office very

closely and an attendant may be gone six months without my

knowing it.

.

..

Q. (By Dr. Kenan.) Do you give all your time to the mshtu-

tion".' A. Then is very little that that I am away from here; the longest time that I have been away from the pla~e was when

I was married about four days. I attend to my clutJCs here every

of Sunday.

'



.

.

Q. Do any of the attendants have to wait any length time on

yon to fill prescriptions"? A. If they do, I do not know It. .

Q. It has been reported to the l'ommittee that you ran a hvecy

statle at one time'.' A. I h:trl a man hired to attend to that, and

had no more to do with it than you have; nnd I kept it only

about six months. I only dirl it as an accommodation, and as

soon aR I could get rid of it I did.

WEDNESDAY, OcTOBER 19, 1887.

1449

(This witness was recalled and testified further at a later stage of the investigation, q. v.)

ROBERT HUMPHRIES, Head yard attendant, sworn.

(Examined by l\Ir. Arnheim.)

I am head yard attendant; my salary is $25 a month, board and
lodging my duties are to go out in the yard when the weather is
fitting 'in the cool of the morning and cool of the evening in surum~r time, and in winter whenever it is so that I can stay out there with the men. I take out the patients for recreation into

the general yard.

.

Q. 'Vho do you take out'! A. No certain ones; we alternate

from hall to hall; we take out all it will do to take out, that

behave themselves. The attendants bring them out, and guard and

watch theru while they are under my care. 'Ve sometimes have

trouble with them; they fight and try to get out; and in such

cases we have to send them to the house. In the summer time

they go out sometimes before breakfast and stay until breakfast,

and go out after breakfast and ~tay until ten or eleven; in the

eyening they go out at four and stay out until sundown. It is

just according to the weather.

Q. 'Vhen you take those inmates out you do not make a report

to any one in regard to them'? :Xo, sir; I simply take them out

and exercise them and return them to their quarters.

Q. (By Dr. Kenan.) Did you ever see a dance around here until

two or three o'clock in the morning, ancl did you ever know Dr.

Kenan to run a dance until that time'! A. No, sir; not that I

rerueruber. I have known him to ha\e them until 1~ o'clock and

along until that time, that was the u~nal hour for l.Jreaking up.

I do not remember to lutYe known him to nm them beYOtHl the

customary hour.



Q. It is said that you were present at the time that .Mr. \Vest had some trouble in the apothecary shop and fell; state how that was? A. I was not present at the time the thing happened; the first I knew of it was, this boy "Wilke~ brought him out of the door. ~ was. outsir!e of the apothecary shop mysl'lf. I held hiH head a few mmutes and helped him up and back into the apothecary shop. 'Vhen I left him in there he was sitting in a chair. He was not sick afterwards that day, because I went back in then and he spoke with me about it and thanked mP for helping him.
Q. What seemed to be the matter with him'? A. I do not know.

Q. Was he intoxicated'! A. K ot that I eould tell at tht< time.
Q. Did you smell any whisky'? A. Not that I remember now. _Q. Has he been intoxicated at other time,;? A. I haYe seen
htru when I thought something was the matter with him. I could not say whether he was drinking or not. I have seen him w~en I thought he had taken ~;ornething like whisky or some-

thmg else; he seemed to be under the influence of something.
Q. Would he act like a man who was'? A. He would look like one. I do not know about any a(tionH particularly. heQw. asW. as he able to attend to his bu~ine;.;s '.' A. \Vhen I saw him

Q. Has he appeared that way lately'? A. X ot that I know of.
Q. Have you ever seen him take a drink'? A. Yes it was in the aagpoo.thecary shop. I could not sa,v, when' it was. a g.ood lonuo while

Q. Have you ever seen any of the other offieers drinking'.' A.

1450

JouRNAL OF THE HousE.

I never saw any of them take a drink. I have seen them when I

thought they had taken a little, but I never saw anything out of th~ way. I have ~een Dr. Hall take a drink. I have seen Mr.

GneYe under the mfluence of something.

Q. How about the attendants on the halls having been under

the influence of liquor? A. I dont know that any who are here

now were

have been; discharged

there a year

have been attendants who wer or two ago. They have to be

es~bbeurt ht ehreey.

. Q. !By Dr. Kenan.) Were you present with Mr. Mosely, assist-

mg h1m, when that white woman was dug up and removed from

the colored to the white graYe-yard '? A. Yes; I got a message to

go there to the negro graYe-yard and move her to the white grave-

yard. \\ e were helped by some patients. There were two buried

there at the same time, I opened one coffin and found it was a

colored woman, so we dug up the other coffin and removed it. I

don't know whether we opened that one or not, we removed her

to the \Vhite gravp-yard.

Q. (By :\Ir. Arnheim.) How are those burials conducted? A.

\Yhen a patit'nt dies he i;; carried to the dead-house, and a detail

is appointed to bmy them. ThPre is a preacher there generally

mostly all the time. ReY. :\Ir. Beck now attends to the burials:

H. C. \VHATLEY, recalled.

Q. ~tatE' if you have any rearson to believe that any officer of

this institution has been under the influence of liquor? A. I could

not tell you that positively; I do not know. I have never seen

any of them drink enough whisky to be under the influence of it,

and what the~ drank out of my sight I could not tell; I can't

answer positiYel~ that I have seen any of them under the influ-

ence of lit1uor.

Q. If you ;.;aw any of them act in any different way from usual,

state it, and state what you think was the matter? A. I have

seen Mr. \Vest that way, hut I could not tell whetherhe was drink-

ing or not. I was called to him one night when probably you

might have thought he was drinking and under the influence of

whiskey. He was plastered all along his back from here to here

(iudirating 1. He appeared like a man under the influence of liquor,

but Dr. "'hitaker said he had gotten a fall.

Q. Han' You seen him act from time to time like a. man under

the influence of liquor, although you did not know what caused

it? A. I eould not tell you what caused it. He might take mor-

phine a!l(i look like a man that was drunk; I have seen him look

like he was under the influence of something, I do not know what it

was. They said he had neuralgia. He said he had a fall from a

trapeze and that it gave him neuralgic affections in the back. I

do not know that I ever saw a man suffer more than he did one

night with pains in hiH neck ami back.

.

Q.. Do you know of hiH department being closed when part1es

called there for medicine:;'? A. I have seen some of them go there

when he would not be there.

\VARHEX l\IO~ELY, outside employe, sworn.
I am employed at variou~ things here; I attend to the dig!!;ing of graves in the cemetery and help them on the farm and outside. I get S~O per month and my meals; I lodge at home.
I was here at the time the white woman was buried in the negro graveyard. I rel,eived orders that day, some time I t~1ink in l\Iarch, 188), to have three graves dug, two for colored mmates

WEDNESDAY, OcTOBER 19, 1887.

14f51

and one for a white inmate. When they were finished the col-
ored a.ltendant, in charge with Mr. Hobby, came down with two oofflns and I had them interred and came on up to the house, and
when I got to the engine house, I met Mr. Humphries, and he remarked with an oath that I had buried a white woman with the oolored ones. We went down there and the first coffin we opened was that of a colored corpse; Mr. Humphries said it must be .the other. We opened the other coffin and found it was the white
woman, and then we carried her up and re-buried her. vVe came to the bouse and found her mother and sister were there, and they went back with me in the evening and saw the grave.
Q. Do you eat at this building back there? (indicating.) A. Yes. Q. How do you think the eating there compares with that of the other wards? A. I do not think it compares with the wards
in front; I have been out there at meal times often; I think the fare is inferior; it is common both in quality and quantity. It is
plain, common food. Q. Why is it not as good as in the other wards'.' ~\.. T suppose
they may have a little extras in the other wards. I think the
balls up here are all about the same; they are treated better in the way of fare there than they are oyer there, (indicating.)
Q. Don't you think they haYe enough to eat there'! A. Some-
times we have, and sometimes not; sometimes I have to eat at home; I am hungry when I get home. It is plain there, sometimes, and I am not able to eat as much a I could otherwise.
Q. what do they get there'? A. In the morning a couple of
biscuits for each man; I would call therr. crackers; they are neither biscuits nor crackers. They are small hard-tack--between hard-tack and army biscuits. \Ve get two of them, and some
hominy and rice and some hash; the hash is sometirnes very plain, sometimes it is pretty fair. \Ve get coffee, and it i~
always plain; sometimes it is sweetened and ;;ometime,.; it is not. At dinner we get a small pone of corn-bread, some boiled beef; sometimes, when we haYe them, we get peas or some-
thing of that kind. \Ve don't often have vegetables at all; vegetables are scarce. Sometimes we have them in our soup; some-
times we have soup as good as I would like to have it at all, and at times I am not able to eat it and have to put it aside. And we get some rice or hominy also. At night we have this raised bread,
and a loaf is cut into three slices for each one. If I was hungry I
could eat a whole one. \Ve have tea at night; there was a while th~t we had c1ffee. Sometimes 1 am hungry and I go home and fimsh.
Q. How many ~at in that department'! A. 'rhirty or forty.
Q. How many m the wardH there who get that fare? A. About two hundred men. I think we all fare about the same there. I only go up yonder to the new building sometimes.
.Q. Who inspects the meals'.' A. Sometimes I think the supervrsor comes there, once in a while.
Q. The physicians do not come there at meals'? A. No, sir. The supervisor comes thert> sometimes to give orders to somebody, but I don't see him there often. I don't know that I have seetin a~y of the Physicians or the Superintendent there at meal
me smce I have been here.
thQ. (By Dr. Kenan). Have you ever had oecasion to belie\e ~t any of the officers were drinking? A. I saw one of them, I
thmk, under the influence of something-Mr. West. I saw him
under the.influence of stimulants of Horne sort, I thought. I :-;aw
hill!- occasiOnally-several times; I could not say whether it was
WblSky, or what it was. It is a very hard matter for a man to

1452

JouRNAL OF THE HousE.

swear positively as to that. I am honestly of the opinion that he ,~as under the influence-I have be~n drunk myself, once in my hfe ; I don't know whether you might call me drunk or not I
could not travel any, but I had my mind about me. He is a m'an that I think a heap of-a nice man.
I do not believe that I went on to state to you in the evening we @ometimes have butter or syrup.
I have been censured by some of the authorities in regard to
earrying that thing about the woman who was buried in the negro grtweyard to Dr. Kenan-1 was censured by the first assistant. Dr. Kenan spoke t11 me about it first, and I had not even talked about it to my wife. I was censured about it in the last week or so.
Q. Is the fare in the new building better than it is in the building down here"? A. It is better, I think, and it is far better cooked; I know it is.
Q. \Vhat else is clone for the patie11ts except to give them medieine when they are sutH~ring physically, or to walk them out for these recreations'? '"-\. I don't know of anything else. A great
many patients, T suppose, are never carried out to the recreations; it would not hardly he proper, they would 11ot behave themselves.
Q.. I,; there anything done for them except the exercise outside'.' A. That is all I see. I take them out myself, and those that arc able help me work; I have orders from the Superintenclent not to order them out, but to take them out, and if they will
help me it is all right. Only a few help me, and they work only
a;.: they please. I don't take many, because if I did they would !<lip off sometimes; I couldn't control them or look after them; there is no attendant with them, only myself. The work they help me on h,; in helping to keep up fences, etc. They are helping
me now on this little house out there. Sometimes they help about other things when ealled on.
Q. Do you see J\Ir. Cook, the gardener, around here'? A. I see him eYerv dav.
Q. Doe:'! it consume all his time in looking after the garden? A. I don't think so.
Q. How long luwe you been here? A. I was employed here in IS;~S, and, except four years in the army and two or three years I
farmed for myself, I have been employed here all the time. . Q. (Hy Dr. KPtUHl. 1 Did you ever see any guano that rotted m
the field-absolutely rotted'.' A. Yes. I showed it to the Superintendent and tole! him; I dicl not show him all that I saw; I told the Suptrint~cndent I Raw threP barrels. rt laid out there two
years. Mr. Cook was the gardener. J\Ir. Cook had been keeping my time and he took three days from lll,\' pay each mouth; I ~as paid so little I eould hardly live, ancl I complained to the Superm-
tendent about hiH taking ott' my time, hut 11l' said he couldn't go beyond that; and he went on so until he had taken in all thirty-four
davs from my time, and I was getting sore about it, and I went to
hiln and told him that I didn't think it wa,.; fair, that a man who was so forgetful as to leave his guano that way in the field would forget to keep time rorrectly ; l told him there were three barri'IS
in the field that had been there over a year. I think he 'vent over and ,.;aw them ; there wert' some four sack~ besides that I did not
,_ay anything to the Superintendent about. l\Ir. C?ok d_idn't keep my time eorrcetly; all the redress I had was the t-luperu.Jtendent, and when I wPnt to him and he said he couldn't go lJelund what
l\Ir. Cook dirl, I felt hard about it; I couldn't afford to lose it. Q. How is 1\Ir. Cook related to any of the officers'? A. He mar-
ried the daughter of Hr. Green, the former Superintendent.

'VEDNESDAY, OCTOBER 19, 1887.

1453

Q. How many hands does 1\fr. Cook work? A. Four or five, I

thQin.kD. oes he do anything lumself? A. I don't thm' k~ l.1e d oes

awniyththainngu~bIreselelahainmd

riding up and his gloves on.

down

the

road .

on

h1s

mule .

I worked with 1\fr. Cook a year or so. \\~hlle I wa_s workmg

with him I cut down some corn and shocked It. He said he went

to Mr. Hollinshead to get him to haul it out. I\Ir. Hollinshead

did not haul it out in time and he burnt it up. 'fhat was four or

five years ago. I don't know that the Superintendent ever knew

anything about that. Mr. Thomas Bateman was here at tlle time

and you can call on him about it.

J. H. LOCKHAR'f, head attendant, sworn.

(Examined by l\Ir. Arnheim.)

I am head attendant in the third male word. i\Ty salary is $2-3,

board, lights and quarters; I have been here five years.

Dr. Hall is the attending physician.

Q. The doctor comes through once a day on his usual round'?

A. X o, sir; sometimes he does not make a round ; he does not

make a round eYery day.

Q. How often does he come around? 1\. It depends altogether

on the condition of the patient; in cases of ~ickness he is there

two or three times, may be more, in a day; then, perhaps wheu

the patients are all well, he may go off, or probably ma~ be sick,

and may not come around and some other phyRician may come in

his plaee.

Q. Does Dr. Hall, or some other physician in hisJ place, make ~'

round eYery day'! A. Xo, sir; there are some days that I clo not

see any ph~sieinn.

Q. Your duty is to see that the patients are cleanly, and you look

after their physieal comfort: A. Yes.

Q. You have nothing to do with their meutal comfort'.' A.

Only to administer medicines as directed by the physieiau. If

there is any one sieh I report it to the physiciau. And if he

knows himself that the patient is sick, or if the patient make~ any

complaint, he examines him and prescribes for him. If thLre are

~o symptoms of sickness nothing is done except to give the ptt-

tients care ami attention, foofl and that sort of thiugs. Sometime~ t~eir appetites are not _good and they won't eat, and they are

gJ.v.en tonies. I report that, and sometimes the doctor noticE's

those things himself.

Q..What else is done for them except this treatment for physi-
cal mlme~ts, the furnishing of food, ete.-is anything else done

for them Ill the way of diYersion'! A. Of the class I have got, there are but few of them (~apahle of being taken out: such as can be taken ~ut are carried down. 'l'hey go to the reereatiou grounds

and hack m the enelosure when the weather will admit it under

the charge of the yard attenflant and one attemlant from the hall

-from the same hall. They <lC"tail one ward to-day aml another

9- to-morrow, and take it around that way. How many patients are under your charge'? A. I have th1rty-seveu now.
Q.. ~re there any nwdidnes left in your charge called "hall

medlCmes," such as bromide, etc.'! A. YPs, we haYe medicines

there that we have instructions to ad the physicians. 'l'he .b.cad attendants

mariengisetneer rawlliythmouetncwomhomhltaivlw~

14.14

JouRNAl, OF THE HousE.

a good deal of experience with the institution and they know

when such a thing as that ought to be done. If~ man gets excited

we give him a dose of bromide to quiet his nerves. We give bro-

midia to make restless patients sleep.

.

Q. (By Dr. K~nan.) You keep solution of morphine on the hall,

too? A. No, str; not now. I do not. I cannot speak as to

others.

Q. What fare do the inmat~s get? A. For breakfast vre get biscuits, two of them on a plate, hominy, hash and coffee.

Q. What sort of biscuits-something like hard tack? A. Something on that order.

Q. The hash you get is sometimes good and sometimes not

good. Isn't it true that the beef very often is not good? A. Yes; it is true.

Q. It is sometimes very poor? A. Yes; I think it is more in

the cooking or as much as in the beef; very often it is not cooked good.

Q. \Vhat do you get for dinner'? A. We get cornbread, rice beef and sometimes vegetables and sometimes not. Vegetable~ are scarce ; very rare.

Q. Even those common peas you rarely get? A. Yes; rarely.

Q. What do you get for supper'! A. Butter, syrup and bread and tea; plenty of butter and plenty of syrup. We make one baf

of bread do for three men, and where a man is not satisfied we get

a requisition from the Assistant Physician for more; we have to get a requisition if they want more.

Q. Is not a third of a loaf rather scant'? A. Rather scant for a hearty man.

Q. As for yourself, that is not sufficent, is it'? A. I cannot say as a general thing that it would be.

Q. That is the general meal throughout the year'? A. Yes; we donot have much change.

Q. (By Mr. Humphreys). How about the appetites of the patients? Are they generally good? A. Generally. When they

are delicate we give them a tonic.



Q. Is it not true that an insane man will eat as much as you or I, or any man in his right mind-it will take the same quantity of

food to do him ? A. Yes.

Q. Do you come for medicine or send your assistant? A. Sometimes I come; sometimes he comes.

Q. Do you have to wait for your medicines at the apothecary

shop? A. At times; it depends altogether on the prescriptions.

Q. Do you know how the fare in your department C?mpares with the fare in this other building (the convalescent bmldmg)?

A. I have eaten there a time or two, and it is better; but perhaps that may be because the cooking is better; I could not say poSI~

tively. I won't say the food is better; it is. better prepared and

served nicer. I cannot say that the variety 1s greater. Q. What is the difference between the pati~nts '? Are differe~t
patients sent there, and are they all treated ahke? A. I couldn t

say they are. Q. Is it not

true

that

in

the

convalescent

.. IJmldmg

th~re

.
IS

only

one convalescent ward'? A. There may be other patients that

may be convalescent; I could not say. All those in that building

are not conYalescent.

.

Q. Would you say that preference is shown to those pattents?

A. I cannot say, only that there are not so many t? cook for and

not so much to be cooked at once, and it can be mcer and better

prepared where that is the case.



WEDNESDAY, OcTOBF.R 19, 1887.

1455

Q. Don't the patients regard it as a preference for them to be sent to that building? A. Yes.
Q. How often does Dr. Powell pass through your department on an average? A. He has no regular time. He comes there as often twice a day; he may come this morning, then at night sometimes, and may come to-morrow ; then it may be a week before he comes again, or two or three or four weeks.
Q. What does he do when he comes there? A. He goes around and looks through and sees the patients and talks with them ;
encourages them all he can. Q. How long since he was in your ward? A. I don't think he
is on duty now; Dr. Whitaker takes his place. Q. How long since Dr. Whitaker was there? A. Yesterday;
and before that he was there Sunday a week ago. Q. So he has been there twice within the last fourteen days?
A. Yes. Q. How long does it generally take the doctor to make his
rounds. A. I really couldn't tell you, as I am obliged to look after my business there. The length of time it takes the physician to go through the ward depends upon how much sickness there is; if I report no sickness or complaint he goes through.
Q. There is no special treatment for any patients except where they are sick bodily? A. Not that I know of.

JAMES T. HOBBY, head attendant, sworn.

(Direct Examination by Mr. Arnheim.)

I am head attendant of the ninth ward; there are 15 in my

ward; I am 26 years old, and have been in the employment of the

institution about eight years ; I was an assistant attendant about

seven years. I have a pretty rough class of patients, pretty wild;

we have two or three quiet men, but most of them are tolerably

wild.

Q. Is the fare in the new building better than the fare you get

down here? A. Yesi. it is better than the fare I get in my ward.

Q. What is the dinerence between the patients there and in

your ward? A. The only difference is that the patients there

dress better.

Q. Men of more means when they are sent here, or whose

families or friends have more means? A. Yes.

Q. Are their minds any better? A. Yes; some of them are;

In one ward their mental condition is better. The balance are no

better.

Q. Who is the physician in charge of your ward? A. Dr. Hall.

Q. How orten does he go through your yard ? A. Every day he m~es one round; sometimes he misses some days when he i;;

sick, but he averages one every day. Q. W~at does he do then-just walk through? A. Yes; and

he asks If we need anything for the use of the hall, if anybody is

sick, or anything like that.



Q. Is there anything about the patient's mental condition? A.

No, sir: not often-occasionally, not every round he makes.

Q. You only report if anybody gets violent; if everything "'Oe><

onordlnari.ly, nothing is said about it? A. No, sir.

"

heplQlsls.ep~Cett?ecirsat.al t!mWl sdterruuhgcastviaoernegse?lneeftrAai.lniYnyseotsr;uurcwtceiohganirsvgaeebstohouamttetyhoabutr.ogmiIvifdeaewmfiotarhnothuiest

e8}!eetally sick, we get a prescription.

Q. Doyou have trouble sometimes in getting your prescriptions

1456

JouRNAL OP THE HousE.

filll;d by the apothecary? A. Sometimes, not often; sometimes he IS not there.

Q. Have you ever noticed anything in his appearance that would indica~e that he was under the influence of liquor? A. I have

seen lnm when I thought be was under the influence of it but I

never ,.;aw him drink any.

'

Q. Do you find the food to be scanty? A. No we "'et plenty

such as it is; it is pretty rough sometimes.

' "'

Q. How often do you get vegetables? A. Every two or three da,s.

Q. \Vhat do you call vegetables? A. Peas and occasionally col-
lards; we do not get any cabbage.
(cl. You do not get any turnip salad? A. Ko, sir.

Q. The biscuits in the morning are something like hard-tack?

A. Y t's, they are something like it. They are made by a machine.

Q. In the evening you get one of those loaves of bread that is

cut into three parts"! A. X ot in my hall; I get one loaf for two

lllCll.
Q. \Vhat kind of coffC~e do you get'? A. Sometimes we get good eoffee, but not eYery time; it is not yery good as a general thing. 'fhere is not much sugar in it sometimes.

Q. Are the patients tinder your charge taken out for exercise?
-~ Yes; all of them go out to the em~losed yard every day. (~. How many of your patientR go to these entertainments? A.

Xot many; one or two go occasionally, when they are suitable to

go.

Q. \Vho judges of that, do you'! A. Yes, and Dr. Hall some-

times tclb me to carry a man that will suit to go.

Q. How often does Dr. Powell go through your department?

~~- ~~hout once a week on an ~nerage. Q. Do the patient~ bathe often? A. Ye~; I bathe mine twice a

\\eek. I don't know how often the others do.

~~- H. Rr:-ISELL, head attendant, sworn.
(Exmnined by Mr. Arnheim.)
I am head attendant of 'nml Hl ; I have twenty-two patients mHler my charg<'; I have been connected with the institution ahont twenty-t\1o year~. I have charge of the physical comfort of the patientsinmy charge. I have an attendant to help me. Dr. O'D,miel is the phy~ician in charge of my division. ~e comes tlH're eYeJT dav and makes one round every day-sometimes two. \Yhe11 th(;patients are taken :-;ick I report to him; Rometill!-es he a~k~ me how patients are, if thry an1 newcomers or anythmg of that sort.
Q. \Yhat is <lone for the exereise of the patilnts"? A. 'l'hey have a ~anl that the~ go into every day if the weather is good.
Q. \Yhat elass of cases have you"? A. l suppose they may be eonsi<lered hoprless eases; I am not a medical man, hut I suppose
Ci. they are ehronic eases. I am in the detached lmilding. Ho\Y long :-;ince you luwe had that ward"! A. A year and & half.
Q. Has anybody been discharged from that wa_rd Hi nee you have
had <"ltarge of it"? A. Yes; sillCl' r ha\'C been Ill that hall thex
have> ~ent home one that you might say was restored; I don t know wlwther hiH casP might haYe hePII considered a hopeless
ta~e.
Q. That is what the physicians term an incurable ward-incurnhlls are sent there.' A. Yes.

WEDNESDAY, OCTOBER 19; 1887.

1457

Q. Are any of ~our patients sent to the dances or entertain-
ments? A. No, s1r. Q. And the only exercise and dive1sion given them is taking in
them out to walk in the ward in charge of the attendants? A.
YeQs.. Have you J;tad me?icine, sueh as bromH le, w.hl'Ch you ~1' ve without special mstructwn? A. Yes; to such patients as epilep-
tics when they become excited, etc. Q. Have you any opiates that you give them? A. 'Ve give
them a cholera mixture. Q. Without a doctor's prescription? A. Yes. Q. Is there anythmg else that you give'! A. No, sir. Q. How is the fare here for the patients in your ward'? A. Of
course there may be difference of opinion; but it may be consid
ered very inferior in quantity, quality and Yariety. Q. Very rough and badly cooked? A. Yes. Q. And what do you say about the quantit,v? ~- It is scarce. Q. Are there not persons there whose appetite might be consid-
ered as good as yours? A. Yes; some of them are hearty men in
appetite, though they may look delhate. Q. How often does Dr. Powell go through there? A. I am not
exactly posted as to that-as to the times between, I ean not exactly say, it is so far between- I suppose, as near as I can come
at it, once a month. Q. The medicines that they give the people on your ward are
generally bromide or cholera mixture'? A. The bromide and
cholera mixture are kept there. Q. Is it a common thing to have sirknoss in your ward'? A. I
have had a good deal of siekness since I have been there. Q. Unless there is some bodily trouble outside of their mental
trouble, they get no medicine except lnomide '? A. X o, Rir ; where a patient gets very noisy at night we give him bromide to quiet him.
Q. Do you leave any nl'lrphiue on your ward'? A. Xo, sir. Q. Do you ever have any trouble in having the preseriptions for the patients under your charge filled by the apothecary'! A. Sometimes they stay a long time when they go to the apothecary department. Q. From your own observation would you say you have seen the apothecary under the influence of stimulants'! A. I luwe
seen him under the influence of something, r don't know what,
but he acted as if he had either drunk lh1 nor or something-something acting as strongly; in other words he had all that he could
po carry.
. Q. the physicians ever come down and have any eonsultations m your wards over the people who are sick? A. X o more than one physician corneH there at a time; that has not been the case since I have been in charge of the hall.
Q. \Vhen they get a patient, who turns him over to you? A. Mr. Jackson turns them over to me in the hall ; I take charge of them and provide for them the best I know how.
Q. How ~bout sick diet in the ward'! A. They get siek meals from the kttchen when they are sick, upon re(1nisitions from the doctor; when they are not sick the regular fare !,\'oes oiL
. Q. Have you ever seen any of the other officers of the instituttonapparantly under the influence of liquor.> A. I can't say 1 have seen them take drinks-Dr. Whitah'r.
Q. Any one else? A. No, sir.
. 92

)458

JouRNAL oF THE HousE.

Q. Did he appear lively from it'? A. Nothing unusual thatl know of. That was sometime ago ; I don't remember what time.
JOH~ GILMAX, attendant, sworn.
(Examined by Mr. Arnheim.)
I am hall attendant in the 15th ward in the detached building. I have twenty patients under my charge; I came here in the fali of 1884, and left here in January, 1885, and then came back the first of July, 188.5.
Dr. O'Daniel is the physician in charge of my department his usual round is once a day, if there is no sickness-sometim~s in the morning, sometimes in the evening. If there is sickness he comes frequently; he comes as often as necessary; he is very attentiYe to the sick.
I haYe different kinds of patients, Home quiet and some unruly. The food for breakfast is grits, beef hash, biscuits and coffeelittle flat biscuits, machine made. Q. Romething like hard-tack'! A. Yes. Dinner consists of beef rice, corn-bread and soup; it is called beef soup, but sometime~ vegetables are in it. The soup is not very good when the vegetables are in it, of course. Q. Yegetables are scarce'.' A. Yes, generally. Q. \Vhat kind of coffee do you get? A. It is hot coffee like one would ha,e in his family, but it is very good coffee; it is something weaker than one would have at home. It reminds one of coffee. Q. "'hat do you have fo1 Hupper'? A. Bread and butter and syrup ami tea. One loaf of bread is divided into three parts, and o'ne part given to eaeh person. Q. Is it pretty scant for a man with a pretty good appetite? A. Yes; but with the men under my charge, I think it is a pretty good idea; if they could cram their stomachs at supper time they would get excitable, etc. (~. \Vhat they get there i" not calculated to cram their stomachs'? A. No. Q. Do your patients get a great deal of milk'? A. About a gallon a day. - Q. On your ward you have pretty bad cases of affliction? A. \Ve have men who are badly deranged.
q. How about their !Jodie,.;~ A. As a general thing they are
very stout, some of the1n, and are only deranged in min.d. We haYe some few that are feeble, cross and weak physically.
Q. \Yhat do you do for them besides giving them food and medicine'.' A. They lmve a yard that they go out in often.
Q. And there is an attendant who goeH out in the yard with then1"? A. Yes, he goes out in the morning before breakfast with them, if the dew is not too heaYy on the grass; and he goes out with thf'lll after breakfast and ><tays until it gets warm, an1 then eomes in. Sometimes we take them out to walk down m the woods or out toward~ the meadow; frequently too, three or four are carried out; ~ome of them don't want to go.
(~. Ts anything else provided for the patients of the institution in thP way of amusements'.' A. 2'\othing more than these entertainments out bert>.
Q. Do they go frequently'! A. Rueh as are in the detached building are not capable of going out into society.
Q. Do you have any trouble about the filling of your preserip-

WEDNESDAY, OcTOBER 19, 1887.

14&~

tions at the apothecary department'? A. Sometimes ; maybe a.

day or such matter they don't have the medicine here.



Q. I mean have you had any trouble in the way of inattention

on the part of the apothecary? A. Not that I know of; there

have been a few times that he was not there, but Dr. O'Daniel or

Dr. Hall filled the prescriptions.

Q. Have you noticed anything in his demeanor that would

indicate that he indulged in intoxicating drinks? A. I could not

say about that; I simply go in to the apothecary department,

carry my prescription; he fills it and I go back. As to his indi-

vidual affairs or his drinking, I could not say ; I don't think I

have seen him act in any way that would indicate that he was

intoxicated. Q. How does the fare in your building compare with the fare at

the new building? A. I don't know; I have never been in the

new building at meal times.

Q. How do your beds compare with the beds there'! A. 'l'lley

have cotton mattresses out there; I have some cotton and some
straw; 'r don't know whether theirs are cotton altogether or not.

Q. You have not had any sudden deaths on your hall'? A.

No, sir.

H. E. HENDRICKS sworn.
(Examined by :Yir. Arnheim.)
I was the bondsman of Mr. \Vindsor, the Treasurer of the A;;ylum, for two or three of his terms; l\Ir. Fred. Hanft was one of his bondsmen, F. B. Mappanother, and Chauncey Wright another, if I am not mistaken.
Q. \Vere you on his bond when he had some trouble with the trustees about the amount of money he was Rhort through the failure or death of Mr. \Yaitzfelder? A. Ycs.
Q. Was any demand ever made on you as hi>~ bond>~man '? A. No, sir; but I stood prepared to meet a demand, and I so informed Mr. Windsor.
Q. Did you ever have any consultation with the trustee,.; in reference to that matter'? A. I don't think I did.
Q. Do you remember the amount he was short'.' A. I nev>~r saw his books; all I knew was what he told me himself.
Q. What was his statement'? A. It wa,.; ;.;omething that I knew nothing about until the trouble came upon him; and I suppose his other securities did not; we certainly should havA ohjeeted to 1t-I should at least. It came upon me suddenly. I understood the money short was, in round numbers, perhaps about :3:-l,OOO. In the interview with me, Mr. \Vindsor told me he was in trouble. He seemed to be very much in trouble. He told me he had been th~ victim of S. L. \Vaitzfelder. I said, "Be right still, l\Ir. Wmdsor; perhaps it will be all right; I will say, as your bondsman, I am prepart>d to meet any deficiency; that was what I me~nt when I went on your bowi." '!'here was consi<lerable of a sttr for a day or two, but it all blew over. I went on his bond afterwards, though I did it reluctantly. I did it reluctantly the
fl.rst ~ime, ~mder the influence of a special friend of mine. i told
him m plam words that I was not inclined to go on Mr. \Vindsor's ~on?; that I really thought he was not competent. I was never mchned to go on his bond, from the fact that I thought he was an incompetent man to handle the finances for himself; he luvl been somewhat an unfortunate man, and I was fearful there would he trouble-that he could not handle the fund.~ of the State of Geor-

1460

JOURI" AL OF THE HOUSE.

gia; but through the influence of this friend, who guaranteed to

m"'We ivndesrobralwlay~>thvaetr

I y

should much in

never suffer need of the'

and who stated place I went on

that Mr his bond

thl' first time. The second time, which was after this trouble that

I referred to, the trustees met, and there seems to have been some

trouble in regard to his being elected. I was under the impres-

:-;ion that, to use a common term, he was not exactly "out of the

A woods" with his old trouble, and I was inclined to help him out
I wanted to see him have a chance to make everything good.

party eame to me when the board of trustees was in session I

think he came on horseback; I was very busy with my own affairs

at the time he rode up. He said, "J\Jr. Hendricks, Mr. Windsor

is going to get ueat as treasurer; 'securities are trying to shift the

uurden: but here is an instrument of writing-sign it quick, for if

it ik not <lone in fifteen minutes he will he beaten; the other men

have signed it." I ,.;igned that ~1strmuent, and I did not know what

it was--I am r,shamed to aeknowledge it before this body-but it is

thl' only instrument in writing that T ever signed without know-

ing what it was. It was all done in a great hurry; it was a mis-

take, and a very gros,.; one on my part; but my idea was to help

him bridge over his troui.Jle, and I thought that if l'lfr. Fred.

Hanft had signed it, I would. I said: ":\lr. "'indsor, you must

neYer ask me to go on your bond again"; and after that time I

nen~r dirl. I HC\'er snw his books in my life, and don't know

that he was p\er a defaulter to the amount of a cent.

Q. But you knew this, that he had used so much of the State's

nwney '! .'\. I know he told me so; he came to me in a great deal

of tw'nblt aml tol<l me. .\ncl, by the way, he had Mr. Waitz-

felder arrested. S. L. \Vaitzfl'ider had failed, and was under a

con,.;idt>nthll' doud at that time. \Vhen I heard about Mr. Wind~or's trouble, I "aid: "J\Ir. \Vindsor, as o11e of ~our bondsmen, I will ,-ay, if ~ou are 11ot deficient more than :33,0ll0, I am prepared

to help you.'' l \H'llt up to town aftlr supper that night, and I

heard that a warrant had been S\\orn out against \Vaitdelder, but

he gaye bond; I think :\fr. \Veidenman went. on his bona. I

thought probably this was going a little too far. In a few minutes

after, l S<l\\' l\Ir. \Vaitzfelder at Clark's drug store and he told me

how he hatl been treated. He said he would see who got to the

penitentiary first. He said he had bt>en borrowing money from

:\lr. \Vindsor for several months, paying from S30 to $6.5 a month

intl're,;t. I opt>ned my eye,.;. 1 said: "\Vhat do you say'? Come

on, :\[r. \Vaitzfelder, let's takP a walk." \Ve walked down to the ~Iasonie Hall buil<ling; we took a seat on the side steps, and

I told him: ")Ir. \Vaitzfelder, before saying or doing anythiug more, just let me ll<~\'P a little finger in ~his pie.. I think the whole proeeerlmg i~ hasty. Be ng~1t s!lll,

awl I think I ean ('Orreet tvervting." I sought an mterv1ew with ~Ir. \\'iwlsor. He was w'itmght up to a pretty high pitch, awl talke<l about assassinatiug \Vnitr,felder. I told him that ~vas all non~ensl'. He wa,.; talking about drowning him or someth~ng. He ~aitl he had to lose his own son! by it, but that he was JUSt

worked up to that point that he could not stand it. I said,." Mr.

\Vindsor, what i,.; the truth:' Sol. \Vaitzfelder tells me he wlll ~ee

mwohno~o<'ff~roimn

the penit you and

entiary payin'g

first; you

inhteersea~yt;s

he is

has that

been so?:

'boHrreow~maigd

it was. 1 ,.;aid, ":\fr. \Vindsor, stop th1s whole foolishness, go

and ha\'e that wmTant dismissed at onee. If it comes to the

won;t, we are prepared to make up the deficieney. This is not the

way to handle the ea,.;e at all. If you are beaten out of $2,.500 or

S3/IOO, you mnst stand it." It seemed he was bothered very much

WEDNESDAY, OCTOBER 19, 1887.

1461

'about his securities and offered to give me a deed to a little house
noi and lot he had, an'd Mr. Lamar was going to give a deed. We
told him that that would correct itself; that everything would

come out al right-and it did. Q. What business was he in when all this occurred; wasn't he

a sort of broker? .A. He was just getting into it; properly speak-

ing, I don't know; I would not say; he was collecting, ):mying

and selling exchange. I have bought exchange from hun fre-

quently. At certain times he would sell exchange pretty cheap

when he wanted funds here; sometimes he had funds enough

here and would charge a little more; he generally charged about

three-eights-from par to about three-eights. Q. What kind of exchange? A. New York exchange some-

times; I am not sure that he handled New York evchange at that

time, but I expect he did. Q. Did he not handle a good deal of Macon exchange'? A. I

could not say about that; he had :::\lacon exchange. Q. His means were not very large, were they? A. Xo, sir; not

according to what he said and what I understood.

Q. Wasn't he very much embarrassed about the $3,000 at the

time that this occurred? A. If be had individual funds enough he would probably have said nothing to us about it; it does not

do for us to show our hands every time we get short.

Q. I understood you to say you did not regard him to be a competent financier? A. You understood me exactly right; he did

not have the record, I think, to guarantee it. It was through the inrtuence of L. J. Lamar that I went on his bond; l\lr. Lamar

was a dear friend of mine, and I think be is yet. He and ~Ir.

Windsor were eonnected in some way-related in some 'in1y. I

thought Mr. Lamar was very muc-h of a gentleman, and upon his

guarantee I went on l\Ir. \Vindsor's bond. l\Ir. Lamar will substantiate exactly what I say about this case.

Q. Do you know anything about any of Mr. \Vindsor's money transactions with the Milledgeville bank'? I believe vou were one of the directors of the bank'? A. I wm;; I am not riow.

Q. Do you know whether Mr. \Vindsor ever had anvthing to do with lending money to any of the trustees, or disc-ounting notes for or against them'? A. Xot that I know of.

Q. What banker's or broker's business did Mr. \Vindsor ever do

until he was eleeted treasurer of the institution'? A. I don't think he did any.

Q. After he became treasurer he became a banker'.' A. A

banker in one sense of the word and not in the other. A banker has to comply with certain very tight regulations of ch~ State of
Georgia, pay certain taxes, etc., and I don't think he did that. Q. (B~ M~. H_umphries.) Ha;e you C\er seen any of tht officers
of this mst1tutwn under the mrtuence of whisky'? A. Yes; I

have seen Mr. Grieve, the secretary; he generally takes Sunday for his drinking day. I have not seen any of the re,.;t that 'I

could say were at all disgraceful to the institution they represent to themselves or families, or the community they liYe in. I hav~

seen them when I thougllt they were pretty well loaded hut they

kept their balance and behaved themselves.

'

Q. I would like to know who they were? A. I think I have

seen Dr. Hall, but I have never seen him where you might say it

would be anyway disgraceful to the institution which he represents, or his family, or anything like that.

Q. Do you ever see Mr. West, the apothecary'! A. I hever see much of him.

Q. Any other physician besides Dr. Hall? A. No.

14!32

JouRNAL OF THE HousE.

(See also testimony of this witness where recalled):

THOMAS GILMAN, head attendant, sworn.

(Examined by Mr. Arnheim.)

is

I am head attendant in this building (the

of the center

2d hall; I have thi building); I have

rttwyopaotrietnhrtse~ethpiat

leptic~ in my ward. The patients i_n my charge are very near of

one kmd, though some are more vwlent than others and some

are mm:e quiet. 'Ve have a few who are permitted to 'attend the

entertamments; they are mostly men who are permitted to walk

around, and are in what is called the convalescent ward the rest

are not capable of going out by themselves. I take them to dances

and entertainments, and take them to walk every chance I get

sometimes once a day. Yery few in my ward care to dance. '

The fare we get is pretty tolerably fair. For breakfast we have

beef, sometimes bacon-we don't have mueh bacon for breakfast-

two biscuits, hominy and coffee; sometimes we get more than

two biscuits.

Q. 'fhe biscuits are something like hard-tack? A. Yes, some-

thing on that order.

Q. And the coffee is not very strong'? A. Well, it is not the

best.

Q. How often does the physician make a round through your

ward.' A. About an average, generally, of once a day; of course

if we haYe any unusual sickness he eo'l'les around oftener.

Q. Does he give them any attention unless you especially call on

him to see them and doctor them? A. Yes, sir; he does; he calls

around when he makes his rounds and examines them, of course.

He talks with them and finds out if there if anything wrong, or

if they ne_d anything. Q. "'hat time does he ,;penrl with them in your ward? A.

Sometimes he spends more time than at others. If we have a man

who is ,.;ick, or very feeble, or anything of that kind, he stops and

sees him. Q. ""ho is the physician on your ward"? A. Dr. Hall. Q. 'Yhat medicine~ have you that you administer yourself with-

out special orrlers from the physician"? A. Only a kind of mixture

we give; a solution of bromide which I give in cases of emergency

and unusual excitement. It is left in the hall to be dispensed

when we think it is necessary. I have orders to give it to certain

kinds of patients. Q. 'Vhat other kinds of diver~ion have those people who are

under your charge, except that a few are allowed to walk o!lt, a.nd to go to tho~<e musical entertainments and dances? A. Nothmg

more than to go to the yards every day.

WILLTA:\1 BROOKIX, head attendant, sworn.
(Examined by Mr. Amheim.)
I am head attendant of the tenth male ward. I have 18 patients in my ward. I have an assistant. I ~ave different kinds of patients in my ward. I have one epileptw. only. ~have one dangerous and violent lunatic, two that are mighty nmsy. Some are more or le,.;s deranged, and some more or less violent.
Q. How is the fare in your department? A. For breakfast, .we get machine-made biscuit, coffee (tolerably good coffee), hommy and basiL The hash is pretty good, it IS good enough, such as we

WEDNESDAY, OcTOBER 19, 1887.

1463

always have. I think it is about one thing all the time. For dillli'

ner we have cornbread, beef, rice, soup and bacon-we get a little ba~n every day. Sometimes we have beef soup and sometimes

vegetable soup. Vegetables are pretty scarce and we don'tget

them often ; sometimes we get them and sometimes we do not.

Q. When you say vegetables do you mean cowpeas and turnip

salad? A. Sometimes we get cabbage, sometimes collards and

such like vegetables.



Q. What do you get for supper'? A. Bread and butter and

syrup and tea.

Q. How many slices do you get out of one loaf'? A. Two.

Q. What is the reason you get two and those in the other wards

three? A. I told Mr. Hall I didn't think we were getting enough

and he gave me a requisition; I asked him for a couple more

loaves and he gave me the requisition for them.

Q. Have you got much sickness on your ward'? A. Not now; I

have one man.

Q. Do you give your patients milk A. I get milk for one

patient. I get a pitcher-a couple of cupfuls.

Q. Have you rr1any patients in your ward to whom you give sick

diet? A. ::'\o, sir; only one man gets an extra plate.

Q. What is the matter with him? A. He is crazy-mighty

crazy.

Q. How does the fare in your \Vard compare with what they get

in the new buildings? A. I have never been there at meal time

but once, and that was at the time of the picnic.

Q. How long does it take the doctor to go through your ward as

a general thing? A. I don't know, sir.

Q. Doesittakehim30minutesonanaverage'! A. Xo,sir; not

if everybody is well, for he goes right through them-if every-

thing is straight; if anyone is sick, I don't know how long he

stays. He gives a prescription and I get it filled.

Q. How often does Dr. Powell go through your ward'? A. He has

no regular time to come there ; sometimes he comes there once a

month, sometimes more, sometimes probably every night for a

week and then not for a week or a montb, probably, and so on.

Q. When the doctor writes out a prescription who takes it to the

apothecary? A. I or my assistant.

Q. Do you always get it filled'! A. Of course, if Mr. West is

there. Sometimes he is absent.

Q. How long have you been delayed on account of his absence'?

A. Not very long; we either get Dr. Hall or Dr. O'Daniel to fill

them if he is not there.

Q. Have you ever seen any of the officers under the influence of

liquor, or acting as if they were'? A. I can't say that I ever have.

J. C. AKRIDGE, head attendant, sworn.

(Examined by Mr. Arnheirn.)

I am the head attendant of the 18th ward in the white male de~artment. I have 21 patients under my charge. I have one

ass1stant. I am in the detached building. Dr. O'Daniel is the

physician of my department. Most of my patients are idiots. Tbe~e is not a great deal of sickness among them; they do not

reqmre much medical attention; whenever it is necessary, the

doctor gives it. He makes his regular rounds there once a day,

and oftener if necessary.



The fare is what the rest usually get; I do not know whether

14:6-!

JouRNAL OF THE HousE.

it is as good as it is in the front building or not, as I have never
been out there at meal times.

W. K. 'l'ENILLE1 head attendant, sworn.

(Examined by Mr. Arnheim.)

I am in charge of the 1ith ward as head attendant; I have one

assista~t; ~have 21 or 22 patients under my charge; some of them

are epileptJC~, some crazy, some old and feeble; they are of dif-

ferent kinds.



The and in

physician makes C!lEe of sickness

on he

caonmaevs eoilatgeenearr;cuble'Cal lawudy!~lv

cionmmesyownacred~

da:v.

Q. "\Vh11t is the character uf tbe fcGd your pati(nts get; is it

rough? A. It is not cooked very good.

Q. It is very common food, is It"! A. Yes.

Q. Is the beef good'? A. "\Ve get some good beef and Eome that

is not good ; it is bo)led beef.

Q. Is the coffee strong or weak'? A. It is not very good.

Q. "\\'hat ldnd of biscuits: A. I can hardly tell you-some kind

of craeker concern, not like the biscuits we hnve outside.

Q. How do you cut your loaves of bread'? A. 'Ve cut a loaf

into three portions; some. say they have plenty and others com-

plain.

Q. Is it not a very scanty supper for a hearty eater? A. I don't

know '>vhether I would want more or not; it is as much as I

would want for supper.

Q. All that they get for supper is that piece of bread, with but-

ter, syrup and tea? A. Yes.

Q. Do any of the patients get extra meals? A. They get sick

meals when preflcribed by the doctor.

Q. 'Vhat is done for your patients when they are sick? A.

When they are not sick, there is nothing done except to take

them out walking.

Q. Are some few allowed to go to the entertainments'! A. Not

any in our building.

,

Q. You get the same salary as the other head attendants-!1'25?

A. Yes.

Q. You have certain medicines you give at your own diecretion

-bromides-if men become excited, or anything of that sort? A.

Yes; from having epileptic fits.

Q. How long have you been an attendant? A. I have been

here four years.

.

Q. And the physician leaves the medicine there, and If any-

body become>" excited, you administer these bromides'? A. Yes;

if their bowels get loose we give them a medicine we have for

that.

Q. (By Mr. Humphries.) 'Vho keeps the floor scoured, im_nates?

A. They never scour anything but small places; we scour It our-

selves-the attendants.

Q. Do you have any trouble or delay in getting your medicines

from the apothecary department? A. I have never had yet.

R. A. STEl\lBRIDGE, night watchman, sworn. (Examined by Mr. Arnheim.)
I am night watchman in the detached building; I am the only

WEDNESDAY, OCTOBER 19, 1887.

1465

night watchman there. The patients are locked in at night. My

saiarv is $25 a month and board.

Q. "How do you ascertain if anything troubles them? A. I

have a key; and if I hear any unusual noise I go in and see them.

Q. How many patients are under your care? A. 95 or 100.

Q. You are the only man in attendance at night? A. Yes, after

horn time. Q. You wake up the attendant, if anything special happens'?

A. If I want them I wake them up.

Q. Do you ever give any medicines? A. Yes, the medicines

left by the physician, I couldn't tell you what it is, only I know

sometimes I give bromide.

Q. You give that without consulting the physician'? A. Yes;

that is left there for the use of the hall when anybody gets very

much excited; the other medicines I give according to directions.

Q. Is there much sickness in the wards? A. Very little; some-

times I have called for the doctor, but very seldom.

Q. How long have you been night watchman? A. Five years,

or a little over.

,

Q. Have you ever seen any of the officers of the institution

under the influence of liquor? A. I have seen one or two that I

thought had been drinking something; they were not drunk,

though. I have seen Mr. \Vest under t_he influence of something,

but he was able to attend to his lmsineAs; I have seen Mr. Grieve

in the same fix; neither of them were down. They had enough

for you to tell it.

Q. You Jive in the new building called the hospital building"?

A. Yes.

Q. There is no other occupant there but yourself and your

family? A. No.

Q. How many rooms are there? A. About thirty-one or thir-

ty-two.

M. H. JOHNSON, head attendant, swom.

(Examined by ~Ir. Arnheim.)

I am head attendant of the 7th hall in the male department; I

have twenty inmates under my charge.

. I reckon the food we get may be termed substantial food; it

Isn't anything extra; it is rather inferior.

Q. The biscuits are like what is termed hard-tack? A. Yes

what we term hard biscuits.

'

Q. How is the coffee, rather weak ? A. Yes; very weak.

Q. What is the character of the inmates--varied some violent

some quiet, some epileptic '? A. Yes.

'

'

Q. Who is the physician in your ward? A. Dr. Hall.

. Q. He makes one regular round a day'? A. Yes; if any one is

Sick, he comes oftener.

Q. Does Dr. Powell ever come through your ward? A. Yes; Dr. Powell comes reasonably often.

Q. Does Dr. Whitaker ever come there? A. Yes; he has been

through. there once; he only comes through there when acting

8.!1 supermtendent. He might have come through there when I was off.

A.QY. eYs.ou are in attendance through your hall all day long'?

Q. You are really in charge of the hall-the supervisor comes apreorudnady.occasionally? A. Yes, he makes from three to four rounds

Q. Mr. Jackson is the supervisor? A. Yes.

1466

JouRNAL oF THE HousE.

Q. Besides the food that is given to the patients and the medicine that is given them when they are sick, is anything done for them except to exercise them by walking them out occasionally? A. No, sir; nothing particular is done for them besid~s that.
Q. Have you any inmates in your ward that are carried to the entertaimnents '? A. Only two-sometimes three. They are taken out by an attendant.
Q. Those bromides you administer are given when a patient becomes excited or unruly'? A. Yes, excited or nervous.
Q. How long have you been here as an attendant? A. A little over two vears.
Q. (By Dr. Kenan.) Do you ever have much sickness in your hall now'.' A. There has been very little since I have been there.
Q. Have you ever seen any irregularity in the way of drinking among the officers'? A. X o, sir; I have not seen anything of that kind among the officers; I have never seen one of them take a drink of liquor in my life. They generally stay in the centre building, and I generally stay in the second hall, and I can't say what they do.

A. S. TEXILLE, head attendant, ;sworn.

!Exmnined by Mr. Arnheim.)

I am head attendant of the 14th male ward; I have thirty-one

patients under my charge ; we can carry thirty-six, for we have

thirty-six beds; we can carry forty, but it would be rather

crowded. Dr. Hall is the physieian for my ward. He does not

make a round every day. \Vhenever I fiud a man sick and let

Dr. Hall know it, he prescribes. The Superintendent has not

been in my ward very often since I have been there. I came here

on the 14th day of 1\Iareh. I suppose the reason he does not come

is that he is sick. \Vhen I was in the third hall he made a round

tolerabl:v n'gularly-more especially if anybody was sick.

Q. \\'hat is the character of the fare the patients get? A. Just

a eommon, substantial diet; sometimes it is not cooked as well as

it might be.

Q. Ho" do you divide out the bread in the evening for supper?

A. I cut it into three parts; we give a loaf to every three men;

and I base a requisition for four extra loaves which I give to the

hearty eaters. And for breakfast, I get ten extra biscuits to be

giveti out the same way. \Ve work out a good many patients, and

I give them more because I think men at work require more than

others.

Q. Is not the division of a leaf in three parts for supper rather

scant? A. I think they could eat a little more, but it has been

that way ever since I have been here. .

.

Q. All they get for ><uppPr is that ptece of bread wtth butter

and syrup and a eup of tea'? A. Yes. Q.. \Vhat is the character of the patient',; in your ward? ~

'fhere are no very violent ones; they are what are termed chrome

eases; some of them work around, sweep the yards, etc..

Q. How many patients in your ward go to the entertamments?

A. About four; the balanee hardly have sense enough to go.

Q. \Vhat is done with the others for recreation ? Do they walk

out'.' Q.

\VAh. a:t.Iain~ ydoofnethwemit

w h

e can't let the rest'?

walk out. A. When

we

have

a

May

p

atr~t.yTwheatta.kMeaayllpaalrotyngdothesat

are not

ablP to go. oecur but

once

a

year?

A. No,

sir; and we did not have any this year at all.

WEDNESDAY, OcTOBER 19, 1887.

1467

ofQ1i

Have uor?

you A.

seen<IM:r. West

ever seen any of the officers under the influence

I can't under

say the

that I have influence of

~een them d something;

runk; I I don't

kh~a1vowe

whether it was whisky or not; I have never seen him take a drmk.

I have also seen Mr. Grieve under the influence of something.

SAMUEL SPEIGHTS, colored chaplain, attendant, etc., sworn.

(Examined by J\Ir. Arnheim.)

I hold religious services for the colored inmates, and I am head

attendant in the third ward on the male side; my pay is twenty

dollars per month. I am also required to assist the supervisor in

overlooking the male side, looking after the sick. I have been in

the institution about twenty yean;. I hold religious services one

night out of the week on the male side and every Sunday on tlw

ft>IDale side; and I bury the dead as occasions occur. \Ve use the

regular burial service.

Q. When an inmate dies who takes charge ot the body'.' A.

The body is measured by the carpenters, the case is made and the

body is then removed to the chapel by the attendants. The super-

visor notifies me when anybody is dead. I read the burial service

and the body is then carried to the grave by the attendants. Tht~re

are a couple of men who take patients outside and who take my

place on Sundays until I get through services. I am regularly

ordained; I haYe been ordained for four or five months, more or

less, but I conducted services before that time. At one time, Mr.

Allen, the former white minister, held services for white and col-

ored both. They brought such of the colored patients as could

come up here in the chapel. After ~Ir. Allen left, J\Ir. Stone, the

white chaplain, attended to it, but during that time I was licensefl

to preach in the Baptist church.

Q. If a man gets sick and is dying, he has no teligious attend-

ant; you haven't got the time to stay with him and pray with

him? A. Yes; I go around and talk with them more or less.

Q. But there is no regular religious attendant, except when you

have the time and opportunity ? A. Yes. Q..If you have the tim~ you talk with them; if not, you can-

not gtve them that attentwn '? A. X o, sir.

Q. You are kept right busy, are you not'? A. Yes. Q. ~ow many patients are in your ward? A. 'l'wenty-six;

BOmettmes we have thirty. I distribute the tobaceo also and I HO

around all over the building every day.

'

Q. You are next to Mr. Farrell in charge in supervisin"' the

whole male side? A. Yes. And I laid out all this grass plot"'that

you see here. I was not on the hall at that time.

Q. When a pa.tient is turned oYer to the institution, ]:ow do

you place the pattent '? A. When the wards are full, of course we

!pwauratyt.etrh~eSormosm, weanhodef,rtewhveheepr natthiweeenretcsaiansredaowvsooar,cswaenetthparuontootmhthe emtrhsw;athsoeismretehtehare"~'reornoeemgrfuao-l!

ayr~e:a

ltttle more strong and better suited to Dr. Jones is the regular physician of t

them. hat departm

ent'?

A.

Q. ~ow many rounds a day does he make? A. Sometimes one,

did~mettme~ two or three; he comes oftner when patients are sick. :_mettmes comes around at night, and I have thought that he

Q
Yea:

1af tatno

~ee whether mmate gets

the attendants did their sick you report him to

duty or not. the doctor'?

A.

1-168

JouRXAL oF THE HousE.

Q. If he gets along as usual and does not get fever paroxysms

or convulsions, or any kind of sickness, you do not' make any

special report? A. If they fail to eat heartily, or complain of

course the attendants are required to report, and if they do1n't

report, it leaves them subject to fines or discharge.

Q. what sort of victuals do your patients get? A. For break-

fast we get coffee; some few that are puny get tea and what they

call an extra plate ; generally the breakfast is hash, hominy corn

bread, biscuit and coffee.

'

Q. The biscuit is a sort of hard-tack cracker? A. Yes.

Q. What do you get bacon; sometimes more

for dinner? A. Corn or less; sometimes all

bread, bacon;

rIiceb,elbieeevf~

we get more times all bacon than all beef. For supper we get light

bread, molasses and coffee. \Ve get some butter occasionally, and

the doctor gives a requisition, and we get milk regularly; we

always have somebody that is feeble.

Q. The diet that you mentioned is about the general average all

the year? A. Yes; of course.

Q. Have you got any hall medicines there-bromides-that you

give when people get excited? A. Yes; they are left with us to

give when they get that way-when they get nervous, etc.

Q. What exercise have those patients? A. There is an enclosed

yard, and two of the attendants take all out that are able to go,

and are not dangerous; they take them out and work them.

There are some there that are not able even to go into an enclosed

vard.

Q. Is there no other way of recreating than just to walk out and

work'! Do those colored patients have any dances like they have

in thewhite department? A. No, sir; Dr. \Vhitakerdidhavea

dance for them one Christmas day.

Q. You have nothing of that kind regularly? A. :No, sir.

Q. Does the Superintendent come down there sometimes? A.

Yes, sir.

Q. Does he come often? A. He used to come often-very often,

but he has not come so often lately, since he has been sick.

Q. How about the bread at night; do you cut a loaf into three

parts? A. Yes; we give one loaf to three persohs.

Q. Is that not rather short rations? A. \Yell, it mought be,

which it would be for a man that works.

Q. Yon have a good many people that are crazy or deranged

that have good appetites? A. Yes.

. Q. I want you to tell me, truthfully, if a third of a loaf and a

little coffee are not scant rations for a man at supper? A. Now, as a general thing, of course, I am under the same issue a~ they

are; sometimes I don't want it and don't eat it; and somet1mes I

eould eat more, if I had it.

.

Q. \Vhat elothing is furnished to those people? A. Shuts1 eoats, hats, drawers, socks, some under-~hirts. 'rhe shirts ana

drawers are common, coarse horne-spun, and the hats are com'?on

wool hats, and the shoes ordinary shoes. The socks are mamly

furnished to the ones who work out; they furnish shoes to all the

inmates in winter.

Q. What is the quality of the beef? A. As a general thing it

is pretty good beef; when I get. it, it is coo~ed. . .
Q. Isn't it rather poor sometimes? A. Sometimes 1t seems to

be not so fat as at others.

Q. Who is your cook? A. Robert Davis, Lewis Hicklin and

Mr. Stembridge are the cooks.

WEDNESDAY, OCTOBER 19, 1887.

1469

JIM HOGAN, colored attendant, sworn.

I take the patients out and work them; my wages are $16.65 a

month and board and lodging. Sometimes I work on the road with

them and sometimes in the field. They are not forced to work ; I

don't do any other work for the officers or employees. I sometimes

carry the patients to the railroad to load up furniture or a piano

for somebody. I carried them to town once to put on a piano for Mr. Hollinshead, the Assistant Steward.
Q. (By Dr. Kenan.) Did you ever do any grading in front of

Mr. Hollinshead's house? A. I did fill up a little walk there. Q. You did that with some of the inmates'? A. Yes; I was right

out in front of Mr. I,amar's a piece of an evening. Q. Tell us what you know about that negro who froze to death

two or three years ago. A. I never saw him; I didn't go in the

room to look at him; but I was there that night along about two

or three o'clock when Mr. Farrell came in to wake up the attend-

ants r..nd look after them. Butts Davis unlocked the door and

looked into that man's room, and he looked in again the next

morning about day when he went to unlock. All I know about

it is what I heard Butts Davis say. \Vhen he came :md told me

I told him to go after }[r. Farrell, and he went. I didn't know

where the man was.

Q. And nobody was left with the man until Davis came baek '.'

A. No.

Q. How long was he gone'? A. About five minutes'?

Q. Didn't you state that morning that he was frozen to death'.'

A. No, sir; if he had been frozen he would not have been alive,

and he wasn't quite dead-that is what Davis told me.

Q. Was it a cold night? A. Yes.

Q. How were the buildings heated then; A. They were not

heated at all at that time of night-about one and two and thne

o'clock. It was heated do\vn in the front part of the hall. There

is a different arrangement now.

Q. One double blanket and one single blanket were all that

were furnished the patients at that time.' A. Yes. Q. Those common half-wool, half-cotton blankets'.' A. Ye~.

Q. What sort of mattresses did they have'? A. Straw.

Q. Had it been cold for some time'? A. It turned eold that ilight.

Q. Was complaint made among the inmates about it being col<l '!

A. Not when I laid down.



Q. During that winter, were there not eornplaints about the

cold nights and there not being sufficient eover '.' A. Yes.

Q. Where do you eat-do you eat down there'? A. Yes, an<I I

eat when I go home. Q. H~w is the food there ; is it pretty coarse'? A. Yes. Q. Is It scant sometimes? A. Sometimes it is pretty scant.

BUTTS DAVIS, eolored attendant, sworn.

I work out with the patients; I take them out l have been

with the asylum as an attendant about five years. ' Q. Where were you the night this man was said to have frm~en

io death? A. I was in the hall that night; I was one of the

attendants; I found him lying on the floor; he was 11ot exactly

dead; I found him that way when I unlocked his door in the

morning.



Q. Had ~he night watchmen reported anything to you, or had

your attention been called to him before then:' A. Xo, sir; I got

1470

JouRNAL oF THE HousE.

~1p there that. night and v~ent there myself, and found him lying

lll. bed; but m the mormng when I went there again he was

lymg on the floor.

'

Q. was

J?id lymg

h~en

have his the floor

face down'? with all of

A. his c

I don lothes

't remember but he off" except hls shirt.

He was dymg or nearly dead when I found him there. I picked

him up and laid him on the bed, and went for Mr. Farrell. I first

went to the attendant's room and told .Jim Hogan, and he told me

to go and report to Mr. Farrell. Before I went to see Mr. Farrell

I went down to the room where he was and he was dead when I

got back. I went right on and told l\Ir. Farrell.

Q. Did any doctors come and look at him'? A. I don't know

whether they did or not; I went and reported to ::llr. Farrell and

then \Vent and told the doctor.

'

Q.. You told him you thought he had frozen to death? A. That

is what I told J\Ir. Farrell, hut I thought he had frozen from the

ondition he was in.

t[. Is it not true that it was right cold and at that time that part

of the house was not heated'? A. Tdon't remember whether there

was any heater in it or not.

Q. Is it not true that at that time only the front part of the

building was heated"! A. T remember they had some heat, but

the lower part was not heated.

(l_. Do vou remember complaints uein made about that cold? A.

Yes.
(l. "'hat blankets did the patients have'! A. They had three

blankets; they had an extra blanket, a single blanket.

Q. \Vhat sort of fart> do they give ,\"OU? A. \Ve get pretty good

fare. Q. Is it not coar~e? A. Yes, it is coarse-biscuits, hash, coffee,

><ometimes fried meat, ete. Q. Do they give one loaf at sup!er for three patients'? A. Yes.

Q. Is not that pretty scant"? A. 1 don't know, sir; that is always what they han been giYing u~ since I h:we been here.

Q. Yon eould eat more if you had more'? A. I could eat more

at times; at times T hardly eat that; we (the ones that work out)

get a sort of extra supper; all tlH patients that work out get some-

thing extra. (~. And the rest get bread, molasses and coffee'? A. Yes. (~.. when you found thi~ man was he cold? A. His body was

warm and his feet eold.

E. A. LEOXARD. head attendant, sworn.

1Examined hy Mr. Arnheim.)

I am head attendant of the 1\lth ward, termed tlw eonvale~cent

ward in the new building, on the bottom tioor; twt>nty patients are u~1dermv eharge; thcrt> are no otlwr convalescents in the male

dt>partment'; we kt>ep them all in that hall. ;'\lost of them are

permittt>d to go at large, and it is only in rare instances that we

have anv troublt> with tlwm. The ward is not tilled up; I thmk

\\"(' in

have""auout ten vaeant rooms; there tlw ward, twenty l'atients aud four

aar~ettth>nirdtay~-Jstesv-tehnrebeedrero~uolmars.

a ttt>JHlants and one special a.ttPndaut who 1s fm:mshed by a patient.

\\"e h:we more attendants there, uecause that 1sa large hall; there

nne> thret> attendants in each hall there. The physieian makes hi~ round.~ a;; many tin~es as necessary-

snnwtimes on>? :wd sometmHs three and foll:r times a day. <;>ur

fare for breakfast is ;.oteak, beef hash, biscuit, hominy, coffee, mtlk,

WEDNESDAY, OcTOBER 19, 1887.

1471

butter and syrup. For dinner we have stewed beef, corn bread, biscuit sometimes vegetables, and coffee; we do not have v~ge tables 'every day. For supper we have toas~, bread, tea, mi_l~, 8 ru and butter. That is the regular fare without any reqmsitionr I cannot tell about the fare in the other halls. I rarely ever go into any other part of the inRtitution. I have been there
about two years. The top hall of that building is fully occupied now and has been
since week before last. The patients that were put there were brought from this building (the centre building.)

THOMAS H. DESAUSSURE, engineer, sworn.

(Examined by Mr. Arnheim.)

I am the engineer of the institution. My first and greatest

duty is the management of the steam heating apparatus. I also

have care of all things mechanical, except such a~ belong to the

carpenters-the washing machinery, the cooking apparatus, the

sweowrkers~fbtahtaht

rooms, sort is

the done

makino- of I see that

the the

gas; and when any specifications are in

new and

decide on them-that is, I give the trustees my information on

the subject. I attend to the water supply and the machinery con-

nected with it. Q. What is the sufficiency of the water 1-lupply for the institu-

tion? A. We use about from H,OOO to 15,000 gallons a day in

summer; it varies some days. The quality is not good but the

quantity is sufficient. 'Ye get the water from two sources, from

the springs beyond Camp creek and from the creek. 'Ye have no

appliances to filter the water. For drinking purposes we have

ordinary wells on the pla"e, and they are sufficient for drinking

purposes.

Q. What progress has been made toward digging au artesian

well, if any? A. The con tract has been let, and we have filled

our part of the contraet by getting on the grounds the material

we were to furnish.

Q. Do you intend to dig an artesian well re<1uiring the size of

piping that I see on the grounds'! A. It is to go down 200 feet

that size.

Q. That would give you an imm.ense well"! A. If it were a

!lowing well it would; but the probabilities are that we will get

only a pumping well, on aecouut of the roek formation below us,

and our object in getting the well so large at the top is to enable

us to put in a pump; the capacity of a non-flowing artesian well is

dependent entirely on the size of the pmpp you are able to put

down. The pump ought to be some two hundred feet down.

Q. You are not very hopeful of getting an artesian well proper

--a flowing well'! A. X o, sir; not an artesian well proper.

Q. When this female convalescent building was put up, was it

let by contract? A. I think it was. I have never :-<Pen the esti-

mates; the contracts were let before Tcame.

Q. I see here an item in connection with the new buildings-

"DeSaussure's hands, labor, $.50"--what labor does that refer to'!

Wewereinformed that these buildings were let by contract entirely,

rmd we want to know what this labor consisted il1 after the eon-

tract should have been performed'! A. These buildings were not ~mpleted wh~n I came here; a boiler house was begun by Major

uss, the architect, on the male side, and I completed it and put up a s~ck there; tl1at boiler house up there was put there before

tlie building was completed; the boilers were not put in the base-

1472

JouRNAL OF THE HousE.

ment on the male side; they were put on the female side. The

trustees decided not to put the boilers on the male side at all but

on the female side, and they determined to build a boiler'and

stack on the outside, which was outside of the contract.

Q. A portion of the brick and labor down here was for that pur-

pose'? A. Yes.

.

Q. Did you do any of the labor on the buildings themselves actually let by contract'? A. No, sir.

Q. You have been in office since when'? A. January 19th 1884

I was preceded by Capt. \Vilcox.

''

Q.. Since you have been in office you have superintended all this

sort of work-not only as engineer, but architect'? A. For such

little things as that boiler room and any little job of that sort.

Q. How is this machinery bought (referring to machinery in

report)"? A.. B,v contrad; I write to different manufacturers for

bids, and Dr. Powell <letermines who to buy from. Both of the

cmlvall'scent buildings have been fitted up with gas, steam boilers.!

etc., and the negro building has heen partially fitted up since 1

have been here. 1 have renewed the pumping machinery for the

,\ater supply since I have been here; the old machinery was in a

very ha(l nmdition when I earne here. \Vhen I came here they

were using wood gas, but the contract had been let for the new

machinery when I came here. The colored building has been

partly fitt.ed up ,;ince I have been here. \Vhen any large contract

was macle for machinery, such as for heating apparatus, the trus-

tees cleeilled upon it; and tor small things, such as cooking

apparatus, Dr. Powell (lecided upon them; I do not know whether

umler the trustee's directions or not.

<[. How many assistants have you'? A. Twelve men are on

my pay roll, including night watchmen. I have engineers and

firemen under me, and the men in charge of the pump at the

creek, and the gas makers.

Q. If you lm\'e any sewer work you hire extra hands? A. Yes.

<.[. You have very little assistance from the inmates? A. Very

sehlom; 1 find they clo not work very well together with paid

labor.

Q. Your salary is ;';l,GOO : A. Yes; and a house furnished by

the institution. Xo boarcl.

8..:\.:\ll'EL EYANS, Diredor Milledgeville Banking Company, sworn.

Q. Did Mr. \Vindsor ever come to you for money in order to

meet the obligations of this institution'? A. Not that I know of.

T kept n deposit account with Mr. \Vind~or for a ~mmber.of years-

up to the time I took a bloek of shares m the .iHJ1ledgev1lle Bank-

ing Company.
Q. Has he ever come to you since, for funds to meet the checks

of the institution'.' A. No, sir. Q. While you kept this deposit aecount_, and bef?re the B~nk of
:\Tilledgeville wa;,; in exis~ence, Mr. \Vmdso; d1cl a. bankmg or

br(olk. e1r)a("~Pyhouusiknen,o;sw'?

A. ) es, a general of Mr. \Vindsor's

esoelllleincgtmMgabcuosnm~exscsh. ange?

~\. I think I hnse bought l\Iacon exchange from h1m; and I

deposite<l my :\fa<'Oll cheeks with him for collection, and he col-

ledld tlwm at par. I used to clraw on the Macon Oil Company,

H'-' 1 used to ,;hip them a good deal of cotten seed. <1. iBY Dr. Kenan). Did Mr. \Vindsor call on you for aWe

nwney iccl'ntly : A. Yes, not more than a month ago. e

\VEDXESDAY, OcTOBER 19, 1887.

1473

called on me for the use of $1,500, and I endorsed his paper for that amount but that money was for the Milledgeville Iron and Machine Co1.;.pany. He owns 165 shares. in that company, and he wanted to raise money for the prm;ec':'twn of that work down there. I am a stockholder and director ~~ the ct?mpany. ,
Q. You were also a stockholder and d1rector m the bank. A.

YeQs. And he has lately turned over the busm. ess of h'1s treasurer,s de~rtment to the bank? A. Ye;;. He has recently made his deposits there. He had promised to give me his deposits ><ornetime ago, but the first requisition was turned over to us about a

week ago. Q. Do you know of any effort made by :VIr. Windsor to use a
note of Mr. Newell? . A. I saw a note given to Mr. \Vindsor, and
signed by Capt. Newell a month ago, perhaps it was the same time he asked me to make this endorsement for the Iron and Machine Company; I am of the opinion that he offered that note as a collateral for making this endorBement, but I took another

. paper he had as collateral in prefere1we-a mortgage on ma-

chinery. Q. Did Mr. Windsor sometime ago apply to you for money, stat-
ing at the same time that he was short as treasurer of this institution, or that he needed currency to pay tile checks, as he did not

have the money'? A. No. There have been ;;o many tran;;aetions between us that I can hardly r"membcr, but l have heard him say that he was short in his curreney; I have seen him trying to sell Macon exchange, and saying he was short of currency, and 1

have offered him Ravannah exehange for curren<'y and he would

not have it, but was willing to exchange for Macon exchange. Q. In conversationwith J\fr. Hendricks, didn't you tell him you
had bridged Mr. \Vindsor O\'er a time or two in his matters with

this institution in paying off checks, ete? A. Xot in that sense. I may have stated that I gave him eurreney when his currency would be short, taking exchange on New York or t\avannah for it. ~e would say that he was sh6rt of curreney, but would always g1ve me a check of some kind.

Q. (By Mr. Arnheim). \Vould your bank be willing to lJe the dbbursing agent of the Htate, in consideration of these deposits of

the asylum funds, a,nd meet all the requirements of the law with-

out.any pay? A. \Ve would be very willing to take that business

in hand; we would like very much to have it; we would be very

glad to have the opportunity; it would be a mighty good thin()' for

us; it would give us a nice little deposit.

"'

B. T. BE'fHUNE, Cashier of ~Hlledgeville Banking Company, sworn. .

~ am cashier of the Milledgeville Banking Company. :VIr.

~mdsor, the treasurer of the asylum, opened a deposit aecount

dWeipthos~itheed bba yn k~, n_ans

ot~reathsuer1e9rL, hoanntdhe201t!h:lt.hoof.f

August August

;wtahst>:3~a,(m;.Jo.7u.iln~.t

He also deposited w1th the bank a reqmsitwn on the 'State treas-

. ury for the month of .Jnne, with a power of attorney to the bank

and has ~ince dr~~;wn the money.



'

Mr. Wm~sor d1d not present notes of Captain X ewell at our

bank for d1scotmt; my recollection is that there were two note;;

presented at the same time, amounting to between seven and eiuht

9':f hundred dollars together; they were given by Capt. X eweu'" to
others, by them to Mr. \Vindsor; as to what he was to do

1474

JouRNAL OF THE HousE.

with the funds I could not answer. I declined to discount the

paper because we did not have the funds to furnish. These notes

were presented in the last two or three weeks.

On one occasion I paid ~r. \~indsor's checks for the asylum

before he became a depositor m the bank, upon his showing

me a letter from Mr. Wrigley, the cashier of the First National

Bank of Macon, with whom the asylum funds were then depos-

ited, in which l\Ir. \Vrigley stated that $3,000 would be forwarded

to J.\Ir. \Vindsor the next day; and with that assurance I paid Mr.

\Vindsor's checks to the amount of about $3,000. Mr. Windsor

paid back the money on the next day or the day following. I

charged him nothing for cashing his checks, but did it as a favor.

\Ve han' not discounted any checks on Mr. \Vindsor as Treas-

urer of the have heard

asylum, for merchants uo complaint that the

of Milledgeville, money could not

or be

obbthtearisn~anodn

them from :\fr. \Yindsor, on account of the want of funds. We

rio take the checks on deposit from our depositors, for we always

considered them first-class paper.

I did present some of these checks to Mr. \Vindsor when he did

IJOt have the currency. I do not think there ever was a time

when he was not willing to give ::\Iacon exchange for these checks;

sometimes we have had difficulty with him in this way-that we

had more mouev in :\lacon than we could use and he would insist

on giving us Macon exchange at par, and we have gone away with

the checks rather than take Macon exchange at par. \Ve differed

about whether it was optional with him to pay us current funds

or .:'\Iaeon exchange. I considered that we were entitled to the

currency, and so informed him.

I think we have paid .111r. \Vindsor a premium fer exchange on

::\Iacon. \Ve paid him the rate of express on currency from Macon.

That was so1netime ago.

\Ye do not, pay J\Ir. \Yindsor interest on deposits; our bank does

not pnv interest on deposits.

I ha\e a general knowledge that ::\Ir. Windsor was formerly in

the exchange business while trea:;urer of the asylum; I do not

know what rates he charged, but we reciprocated when he was in

businPss; he sometimes had it when we wanted it, and we had it

when he wanted it.

'l'he capital ;.;tock paid in of our bank is $20,050; we have sub-

scribed :3-!0,000; another assessment of 25 per cent. has been called

in, payable on the 1st of November next. 'l'hat is added to our

eapital. Under our charter the capital is Hmiteq to $150,000.

\Ve have aggregated something over $7,()00 in dividends since

we have been in business.

NAXCY TALLY, attendant, sworn.

(Examined by Mr. Arnheim.)

T mn attendant for the thirteenth female ward; sixteen inmates

are under my charge. T have one assistant. 'l'he patients under lilY charge arP very crazy, but they are harmless. They ~ave

coarse, eomrnon diet; for breakfast they have beef hash, hommy, biscuit, coffee, and sometimes a little fried mea~ on extra .Plates.

For dinner they have ricP beef most of the t1me, occaswnall:Y

hacon but we "do not get 'very much bacon-only a little fr!ed

bacon' we get on two Pxtra plates; we have sick plates; the swk

platcB are only given on requisjtion by the speeial persons, where they are sick or feeble.

pFhoyrssiucipapneranwde~fo!r

light bread, syrup and butter and tea; we get one loaf of br._.

WEDNESDAY, OcTOBF.R 19, 1887.

14i5

for three patients. It is enough for my patients. 'fhe regular biscuits are cracker biscuits made by machinery ; the extra biscuits for extra or sick plates are not of that kind. The cracker biscuits
are something on the order of hard-tack. We do not get a great deal
of the milk, not near as much as we could consume. The milk is divided out without any requisition for it, unless we do not get enough and have a sick patient. We do not sometimes get as much milk as at other times; we do not get more than a quart to be divided out among all the patients of the ward. We do not get
vegetables often; we get them occasionally, peas and such things.
Out of season we get cowpeas-I don't know what they are called, but they are dark and brown peas-not the white table pea.
My old people are the healthiest in the house; we have not had more than three deaths in my hall in six or seven years, and very little sickness; nobody is in bed sick.
The physician sometimes makes his rounds through the ward
every day, not always; occasionally they do not come around; they generally come around every day; if they have a sick patient they always do, and come as often as two or three times a day; where there is no sickness they occasionally miss a day.
My patients are in an open hall and go about the house wherever they please; I have one or two that could go to the dances,
but they won't go and we can't persuade them. Norte of my patients go to the dances.
I don't give the patients bromide when they are excited. I
don't pretend to, although I have some in my hall; one of them takes it when she has a headache, but not often.
My patients have plenty of homespun and calico; they do not get anything finer.
We do all the sewing for the male and female ctepartment~, patchnig, etc. That is allotted to us by the matron.

.MRS. MARTHA SMITH, att2ndant, sworn.
I have charge of patients in the big yard; I have no assistant. I go early in the morning when they get their breakfast, get plenty of fresh water for them and see that they do not hurt one another. Rometimes there are one hundred, sometimes one hundred and twenty-seven. It is my duty to see tha,t they take exercise without damage to themselves. They all come to me when they want water; I have three buckets. My salary is the same as that of the head attendants-S16.6iJ.

MISS MAMIE MORELY, special attendant, sworn.

I am special attendant in the first ward in the central building.
The patients in that ward have plenty to eat, such l!!S it is; it is

very coarse. They have rice for breakfast, hash, uiscuit and

coffee. The hash is not made very nicely. 'l'wo cracker biscuits

are allowed-little thin cracker biscuits-and the coffee is very weak sometimes.

There are thirty-five or thirty-six in my ward. I~ is not my duty to do anything further than to attend on my

pat!ent, though I am frequently detailed to hall duties, with other

pb~a;ttinedn.ttos.ld

I am employed with a special patient. me when I was employed here that I

This lady's huswas to at"tend to

hts 'Ytfe and that he did not want her neglected, but they have

detatled me from her several times. This lacty's husband has had

me employed and pays for me. He is Mr. Almond, of Whites-

burg, Carroll county. Dr. Powell employed me.

1476

JouRNAL oF THE RousE.

As. man.y &'I four or five days have passed without the physician makmg his rom~ds tbrol}gh the hall I am in. I do not know his reason; I guess It. was siCkn~ss. In cases of special sickness be

cot;nes and prescnbes; I beheve I know of his refusing once or

twice ; he may. bave. been very busy. I do not know of my own knowledge ~f hrs havmg refused to come at night to a lady who had convulswns.

My patient gets buttermilk buscuits for breakfast steak and gravy, and I have a special requisition to get milk f~r her she

does not get coffee. They are <'ailed "sick plates."

'

The physicians leave bromides, etc., for the attendants to

a_dminister, and they are administered without any specialinstruc-

tions.

There are a good mauy suicidal cases in my ward. There are

two attendants in that ward besides the head attendant. The reg-

ular attendar~ts are giv~n every other Sunday off, from before

breakfast unhl chapel time, when they are required to come back

and bring the patients to the chapel.

Th~;y do not have regular religious services at the chapel every

~unday; they fail often to have services; we have not had chapel

services for sometime. The chaplain has not come around to the

patients during sickness, or w bile dying, in my ward.

I havto bePn told frequently that the special attendants are

entitled to no timt> off" at all.

All in my ward that are able are allowed to go to the dances

and musical entertainments. The doctors require us to take all

that arc aule to go. \Yhen nmsiPal entertainments and dances

are both given they are taken out more than once a week to the

entertainments. \Ve are required to take them out every after-

noon in the front yard.

Some of the patients have tonics. :\!iss Moore's patient had

not been taking auything, and the other day she told Dr. Whita-

ker she thought h_q)()phosphite was good, and he prescribed it.

I eame here as an attendant the .5th of February, 1885.

I once got a prescription from Dr. O'Daniel for glycerine, and

carried it to the apothepary. Mr. \Vest's back was to me when I

called to him. He turned around. He did not show any indica-

tions of intoxication when he turned to me, only that his eyes

were red and his l.Jreath orteusive. He gave me a bottle and I

carried it to my ball, and I discovered that night that it was not

glyeeline. I used it and it had a peculiar feeling, and I washed

it off' my hands. The next morning I carried the bottle to Dr.

O'Danie"l aud asked him, "Doetor, did you make a mistake in

giving me a prescription for glycerine yesterday?" He said, "I gave you a pr~c~cription for glycerine-at least I thi~k I did. I

will go and see." Before he said that, though, I sard, "Doctor,

what- is that".'" He said, "Did he give you this"?" I said, "Yes."

He me

>imnid~"'k'Tinhgi

s f

is or

ehlornl." it." He

saIids, a"iXd,o",PIerghaavpestyhoeuprmei~scurnipdteirosntofoodr

glycerine; the pre,;cription called for glycerine."

.

\Ye used assafrPtida pills in tlw hall for about a week for qui-

nine. It waH found thnt they did not have the desired effect. Some of the attendants have to pay as mueh as :31.50 and ~2 a
month for their washing. They say we are allowed our w~shmg, but they have not hands enough down there to do the wash1~g for the patients, and it is not done well. I know I would not h~e to have my dothe~ done that wa~. Speci.al attendants. and patients

have their washing done outside. It rs part of therr contract to

do my washing. :Niiss Brookins is in charge of my ward. Miss Kittie Gilman is

\VEDSESDAY, OcToBER 19, 1887.

1477

the next hall attendant. Miss Yates is special attendant. Miss Moore is a special, and there are sevpral other specials in my ward.
Dr. Whitaker told me one day, "Mary, I have been thinking of giving you a talk for some time, but I have neglected it. You talk too much. Dr. Powell says that you discharge your duty, and that all the fault he finds with you is that you talk too much. Everything yon see you speak about." (If I see anything goingwrong I am more than apt to speak of it.) He told me when I first came here that I must be particular about it, and if anything transpired at the institution I should not speak to a patient or outsider about it. Of course it was right so far as exciting a patient
is concerned. I once slept ten minutes by the elock while sitting up with my
patient and it cost me $5.
(See further for additional testimony of this witness, p.-.)

MRS. REBECCA YATEI:-l, special attendant, sworn.
(Examined by l\Ir. Arnheim.)
I am speeial attendant with .Miss King; no other duties are required of me, because I cannot leave her. She is a suicidal ea,;e. I was put to 8tay at her door and not leave at all. She gets a sick plate with a muffin, two buttermilk bi8cuits, and when they haYe vegetables she gets vegetables, and milk if she likes, and if she does not want milk she gets coffee. That fare is prescribed by the physicians; the other patients do not get that fare. I get a check and am Raid by the 1:-ltate; I do not know whether any one else pays the 1:-ltate for me or not. Dr. Powell employed me.
The hall patients get for dinner corn-bread, beef, rice, and sometimes greens. For I'Upper they get light bread and butter and tea. For breakfast they get coffee, crackers and hash. There is very little variation. '.L'here is not enough milk for the hall patients; the sick patients get it. Two gallons of milk are furnished for the hall when they can get it; sometimes they don't get but very little; they cannot get it at times. The milk is divided about among the patients and some get requisitions for milk; some get so much milk daily, and if there is enough milk the others get it; if there is not they do not.
I do not have anything to do with the medicines at all; the head attendants attend to that. The hall medicines are bromide, ~hloral, bromi(lia, quinine, cathartic, and I don't know of any other kinds.

MISS MAGGIE MOORE, special attendant, affirmed.
I am special attendant for Mrs. Wooten in the first hall; I haye no other duty; I draw my pay as a special; I get $12.50 a month, the same as a hall attendant (the head attendant's pay is $16.00) I also get board. I have been employed here only" about tw~ mon~hs. I do not know of any irregularities on my hall; most of the ~1me I am confined to the room with my patient.
~1ss Mosely misunderstood something I said this morning about bemg careful about how we talked. You know we are not allowed to speak about everything before the patients. It is not for their good. It tends to excite them. .Miss .Moseley thought it had reference to what she might say here. She told me of it and I corrected her. She was very sorry that she misconstrued it.

1478

Joun:>\AL oF THE HousE.

l\IISS l\IARY CHAMPION, head attendant, ~worn.
I am head attendant of the 7th ward; I have twenty-one pat~ents and _one assistan~; that is in the old building. The patients are differently afflicted; some are more violent than othe!s; there are epileptics in my ward. Dr...Whitaker is the physiCian of my ward ; he comes there once a day and he prescribes for those who are ill. I report to him any cases of sickness. He always asks me how my patients are.
Only a few in my ward participate in the amusements they have here. \Ye amuse them in the hall to the best of our ability we carry them to walk sometimes when they are well enough t~ go; they go in the ('are of an attendant. I baye some old ladies and some young ladies in charge.
The patients get for food bread and meat, coffee, tea, hominy and vegetables. It is common, coarse food. Vegetables have been scarce. The biseuits are machine biscuits, like crackers. I have plenty of food for my patient,; they have never left the table hungry; if they did I was never aware of it, and they always tell me if they want more. The meat that we get in the morning is beef hash; I could not tell about how the hash is cooked; I am not a lover of hash.
\Ve do not get an abundance of milk, but as a general thing, we haYe enough milk to giYe them all milk at dinner; not every day. I give them a cupful, sometimes more. \Vhere there are sick patients we get a rPquisition for them: a sie.'l: plate is different from the ordinary meals furnished, and is only given on the doctors's prescription. He gives it when I recommend it.
The health of the patient~< generally, in my ward, is good. I never give a dose of medicine without word from the doctor; we <lo nof keep bromide, eholem mixturP, etc., in my ward. There are no patients in my ward who have extras furnished out of their
own l110lll'Y The clothing they wear is provided by the State-calico, home-
spml, common shoes and hats; all that will appreciate a hat or wPar one are allowed one-a common hat.

.MISS DOLLY EPPR, attendant, sworn.

I am attendant in the third ~ward; my patients are of different

kinds; some of them are old and harmless; some go out to all the

entertainments, the singing and dances; tht> others who do not

go to the entertainments go out in the yards in charge of a lady

atteJl(lant who sees after them and brings them fresh water-that

i,.:, those who can go out. The hall nwdieines on my hall are cos-

moline, bromide, etc. 1 give bromide if one comes and tel,Is me she has headache; and I giw~ eosmoline where one complams of

sore feet. l do not give chloral unless the doctor tells me.

'fhe general health in my ward is good.

Dr...Whitaker is the physician in charge of my ward; he comes

around once a day, and oftener if necessary ; he would come

around a dozen times if I went for him. There is very little variety in the food..

If my

patient~

do no~

want what they have on their plates, I giVP them somethmg else,

they have plenty to eat. 'rlw food is conrst>.

My salary is the same as that of the other head attendants--

$lG.65 witl1lodging, board and washing, but I hire my own wash

ino- done I would not wear the clothes they wash at the laundry. So~nt> wekks they look very well; but if it is rainy, bad weather,

WEDNESDAY, OCTOBER ] 9, 1887.

1479

they have a poor chance to. dry so many clothes as they have at the laundry.

MISS MAMIE MOSELY returned and requested to be allowed
to make the following additional statement:
I have been made out, I suppose, a willful liar. Dr. \Vhitaker said I told a Willful lie. I will die by what I said-that I told the truth. He told me to my face, just after I came from here this morning, that I told a willful lie. He said to me: "I don't care what you say, every one that swears against these officers will be discharged." Dr. J. ~I. \Vhitaker was the very one tliat did it. It was concerning the officers making their rounds. I said I had known as many a;; three or four or five days-I won't say five; I won't say whether I said four or five; I said three or four days elapsed without the doetors going through the hallt-l. Dr. "'hitaker asked me what I testified a!Jout, and I told him a good deal about it. He said it did not make any difference whaf I swore, he would read it. He said he had every attendent spotted that was for Kenan. I said he couldn't scare me to death, if he could scare some of them.
Q. Do you wish to make any corre<tion in your testimony? A. No, sir. But the rest of the attendants go against me and make me out a liar, and I ,;ay now, everything I told is the truth and the truth I will die by.
Dr. \Vhitaker wanted to know why it was that I did not want
to testify before these other two ladies; I said I did not like either
one of the pair, and I knew they were here to watch me and I did
not intend they should do it. r told him T thought it was very
hard for him to tell me to my face that I was a willful liar. I told him you asked me to tell everything I knev.- in connection with the institution. Some of them here can be seared to death and made to say anything. I am a poor girl and my daily bread depends on my position, !Jut I declare I would not tell a lie if T had to beg my bread.

MISS DOLLY BROOKIXS, attendant, sworn.
I am attendant on the first hall-head attendant; I ha;oe thirtytwo patients under my charge; I have two assistant,;, generally, but one of them at this time is filling a detail as spec-ial attendant. Dr. Whitaker is the physician in charge of my hall; he makes one round a day in my ward, and Dr. O'Daniel makes one; asageneral thing, Dr. O'Daniel makes a round at night; oceasionally there is a night that he does not come. Dr. \Vhitaker usually makes his round between ten and twelve o'elock in the forenoon.
I .have not many sick patients in my hall at thiR time; thP patients are of different kinds, but I have no violent patients; I have one epileptic. . My patients get coffee, beef hash and two biscuits, in the mommg; for dinner they get boiled beef, riee, vegetables-if any are to be had, corn bread, and sometimes soup. Vegetables are a little scarce this year.
For supper they get light bread, butter and syrup, and tea, and some get coffee- I suppose those who are most accustomed to it !'t home. I think it is a little coarse, but they do not complain of 1t very mueh; sometime>~ they complain. 'l'hat is the food they get, unless they are sick and the doctor prescribes something else. When they are sick they get the !Jest that the place affords, and

1480

JouRNAL OF THE HousE.

plenty of it, and good nursing by the doctor and Mrs. Darnell. A

sick and

plate is gravy;

one but

muffin, anythin

goneelsseoadasibcikscpuaitt,iebnatttears-kcsakfeo~

ssohmee~settesak

smotl~ered chicken, broiled chicken, cJ;ticken soup, or anythmg of

the kmd. Mrs. Darnell sends them Ice cream sherbet or any-

thing of that kind.

'

'

Q. Is not this the sick meal furnished to your patients? (Reading the _list f~rnished by Mr. 'Vhatley, head cook, and

2ttached to Ius testimony.) Isn't that a sick meal? A. No; a

siek men! is exactly what I tell you. When I ask a doctor for

something a patient would like to have, he gives a requisition for

it. 'Vhen T ask him just for a sick plate he gives me a requisition for that.

Q. Do you not know that there is a rule prescribed in the

kitchen as to what a sick meal shall consist of, and is this not the

meal prescribed by the imtitution? (Reading the list above

referred to. I ~"'- I don't know anything about that; I know what

T get.

Q. Can you get anything else if you ask for it'! A. Yes; any-

thing else we ask for, even for the attendants when they are sick.

I have been sick myself, and have had as many as three or four

dozen eggs furnished for me. And Dr. Powell told rue repeatedly that whatever a patient neected, and would like to have, to let

him know it and he would see that they got it.
(.J. I fave you ever made such a requisition'? A. No, sir; I have

neYer been to Dr. Powell for anything.

Q. Have you ever sent to the kitchen for anything except what

iH pre~cribed on this list? A. I don't know as I have, unless it

would lw something like boiled custard, egg custard, or anything

like that. A number of times I haYe gotten little things like

that.

Q. How many sick meals are fumished in your ward now? A.

Fifteen sick meab.

Q. And vou have thirtv-one inmates? A. Yes.

Q. Then"you have a good deal of sickness in your ward? A. Not

at present; these plates were given when they were sick, and are

still coutinued; they are feeble, but I do not mean that they are

in bed sick ; they are able to be up, some of them, and some of

them are uot.

Q. How about the milk in your hall? A. I do not get an

abundance; the milk is a little irregular at times; sometimes we

get a gallon, sometimes a gallon and a half, sometimes a little

over that.

.

Q. And that is divided out among the patients? A. Yes, the

most feeble ones.

Q. 'Vhat recreation have your patients besides going to the

dances or entertainments? A. They go to the chapel, and they go into the front yard ; they walk out with. their attendants ~mce

a day Foui

~rfrtohme

about of my

four or patients

five go

o'clock until about supper tune. to the entertainments, sometimes

In ore. Q. AIHl the recreation and exercises for the others consist.s sill!--

ply in walking in the front yard'? A. Yes; they help, sewmg, 1f

they Q.

feel Do

like it. you administer

any

medicines

termed

l~a~l

.. mediCmes,

tbirmo me si dgievs~' estcu.c'?h

A. Only rnediciiw

as as

dbirreocmteiddesbyorth"eAtp~hinyssioCni'asn.mixItuso~me,e"-

without the doctor directing me, but he has g1ven me the privi-

lege of doing that when I think proper. "Atkinson's mixture"

is i1 eholera medicine.

WEDNESDAY, OCTOBER 19, 1887.

1481

Q. How long have you been employed here? A. I have been here nearly three years.
Q. (By Dr. Kenan.) Has it ever happened on your ball th~t assafootida pills were given in place of quinine? Yes; I was m charge of the hall at the time; I only gave one dose, two of the pills. After I had given the pills, Dr. O'Daniel came in the hall and asked me if I had any quinine. I told him I had; that I had a box in my hand; and he said that be wanted to see the capsules -whether they were four or five grains, and he took the box and looked at them. vVhen he did so he said, "This is not quinine." I said, "You see it is marked 'quinine; ' it was given to me as such, and I have given a close of it as ,quinine." He took one of the pills and cut it open and tole! me to take it back to the apothecary; and I did so and 1\Ir. \Vest corrected it. I think that was a trifling thing, as simple as could be, because we were'Using both medicines at the same time; whether I asked for both on the same day m not I don't know. I think it was a natural mis-
take. Q. Suppose it had contained poison. I wan't to ask you as a
person having sick patients under your charge, whether it is not of the greatest importance that prescriptions should properly be filled. A. Yes.
Q. Then you do not think it is "trifling'!" A. I won't say that.
Q. Fave you any patients in your ware! that have private money to use as they see fit? A. They have money but do not keep it themselves. 'l'hey are allowed to spend it and buy extras that other patients do not get.
Q. Does that create any dissatisfaction among the other patients'? A. Sometimes it <loes.
Q. What are they allowed to get'? A. Anything they want. Q. Fruits, candies, etc.? A. Yes. Q. And the other poor things have to look on and see them eat it? A. Yes; but they give watermelons, fruits, etc., sometimes for every one.
(See further for additional testimony of thio; witness where recalled. I

GEORGE H. KEMP, night watchman, sworn.

I am night watchman for about six at night, except when occasion arises

wfoarrdhs~lpI

have no assistance I go to the attend-

ants and wake them up. If a patient is sick and restless I report t~at. I go for a physician when necessary. I make up my report

mghtly and leave it in the office in the morning. \Vhen any

unusual patients

cnaolilse~neocIcguors.

I

go and see what is the matte I am paid the same as the bead

r or if the U:ttendant.

I ~o on duty m the summer at H o'clock and in winter at 10; iu

wmter I come off at day; that varies. I do not have to go after

the doctor frequently at night; Dr. O'Daniel answers my night

calls. He generally sleeps in the building. 'fhe calls are always

responded to; I have no trouble that way.

'.

WILLIAM HARPER, farmer, sworn.

tioInl:iveI

at Midway. know Mr.

All I see is Hollinshead's

outside busine;;s of the business-a good deal

instituthat he

carnes on. He has a farm out there and works his farm with

1482

JOURNAL OF THE HOUSE.

State hands all the time, and uses State wagons to haul all he

wants to haul. I do not know of any other officer who does that

In regard to inmates wandering about in the neighborhood, they

I are ~here every ~ay ; th~y do ~ot worry the people a great deal.
but It makes ladies passmg a little uneasy to meet with them.

have made complaints to Dr. Powell about two or three and those

that I complained about do not go there now. Somet\mes they

go with the attendants, but those I spoke of did not they were

both white and black.

'

I know a wagon and cart that comes here every day and carries

a load every night to .Midway by my place to their own houses.

Some of them haul wood from here and sell it. Jim Hogan sells

it. I have never seen Speights sell it, but he carries it home. I

have seen Hogan's boy haul it and sell it-haul it from down on

the creek here from the t'ltate land. I think they sold him the

mule he had and that he bought the wagon from one of the

attendants. I have seen him frequently go over at night with

sacks and one thing or another in his cart. I mentioned it to one

of the trustees, Capt. Latimer, once. He hooted at me, and said,

"It is yours as much as mine! "

I have seen attendants toting sticks of wood on their shoulders;

they sometimes come along with great big sacks, as if they had

two or three bushels in them. Some of these attendants have

little farms around here.

I have seen some of the trustees doing right smart of drinking

-old Capt. Latimer; I have seen him; I have seen him around

town.

If I have seen Mr. \Vest intoxicated since he has been here I

don't remember it.

.:'\Ir. Hollinshead works on his farm a negro fellow from here

named Abraham Ford; he is one of hb field hands who does

outside work around here; he works him on his own farm; he

worked him there last week and the week before last.

Pretty much all the hauling Mr. Hollinshead did for a long time

was done with State wagons; he eventually got him a littl~ one-

horse wagon. He got his wood over on the State lands last wmter j

he had wood hauled from there for himself.



I should think it would be worth S2 a cord to cut and haul wood

from the State land to the asylunJ; it is worth more than that to

split it and haul it; they make about two loads a day as a general

thing.

The wagoners and teamsters seem to work very well so far as I

have seen; the asylum receives coal, flour and other things at the

Midway depot.

I had some little piping done for me at the asylum a few years ago whe1 I starte<l a steam engine; I think I paid for~ little piece of pipe or something of the sort. I have kn~wn work. sel!t here

from out!>ide I do not know whether they pa1d for havmg It done

01; here ves
haYe' sent

~vIo'rhka

ve paid for here and pa

work id for

here it,

now that I think of it; I machinery, steam pumps.

I paid six or ,;even dollars at one time four or five or six years ago;

I don't remember the date.

There is nothing else I can call to mind now.

A. F. \VYNN, farmer, sworn.
(Examined by Dr. Kenan.)
(J. I understood you would like to appear before the committee, and I thought I would give you an opportunity. If you have

WEDNESDAY, OcTOBER 19, 1887.

1483

:nything to say, I would like to hear from you? A. I do not know that I made that remark, but I can tell you what I have seen and know. I have never seen anything inside of the institution that

I considered wrong, only that two of the officials, I thought, were

under the influence of too much whisky-Dr. Whitaker and P. A.

West-in the building three years ago. I have not been but very

little around here. Dr. Whhaker and I had a falling out a little

after that. He tackled me in town about some things I said, and

I said that before I would take them back I would add more to them. I have seen him two or three times when I thought he

was too full. Understand me; I never saw either of them take a

drink but I could smell it. Q. What connection have you with the institution? A. None

in the world; I am a mere outsider, only I have a friend or two

here. I am a gin-maker by trade; I have a farm of fifty-four

acres and I live just this side of the depot. Q. Where did you see 1\Ir. \Vest in that condition'? A. It was

about the same time. I c:ame up here last fall, two years ago, one

day. Dr. Kenan was a candidate and they were doing all they

could against him, talking all they could, and I tried to pacify

them. \Ve stopped and talked awhile, and :\Ir. \Vest asked me to

take a ride with him to his place, and we went along together. That is the last time I have seen him intoxicated; in fact, I have

not been around here but very little since, and then for a very
few minutes. Q. Have you ever seen any officer get oft at your Station, :\lid-

way, intoxicated? A. I have seen trustees go away from here

intoxicated; they would get here sober, and when they left if

they were not drunk, they understood mocking the drinking man.

I have seen every one go oft' intoxicated; T hrwe seen Dr. Hall go

oft so intoxicated that a man had to hold him in his buggy. He

is my family physician. I have no prejudice against him. l\Iy

wife says that she had rather take him drunk thau half of the

doctors sober. I have tried to get my wife to quit him because he
was drunk. Q. That is ~wt the Dr. Hall employed here'? A. ~o; his father,

the trustee. I have seen Cabaness, Latimer and all the old board, except Tom Newell. I never saw him intoxicated and have had

no reason to believe be was, and never heard of it. There are two

on the present board I have never met, Dr. Irving and the gentleman from 'fhomasvil~e recently appointed. I never knew of Dr. Irving taking a drink.

Q. You say when they got here they were sober'? A. I never

saw them when they came, but when they were going home from

here to town.



Q. When was that'? A. I never paid any particular attention.

I thought they were a pretty set of men to attend to the business o.f the institution, and I made use of the remark a good many times.

Q. You say Mr. \Vest was in the habit of being intoxicated? ~ Regularly, before he came here and afterwards in the institutiOn. I was utterly astonished at the authorities for keeping him.
Q. Is the~e anything dse you know'? A. I have seeu a good
deal of outside work done by parties who belong here. I have

seen hauling of various kinds-as many as four wagons hauling

bran to Mr. Hollinshead's lot at various times. I have seen it
often1 at least I judged so. I saw them hauling to Mr. Hammon?'s, to. Mr. Latimer's, to Major Fuss's, and have seen them
hauling coal to Mr. Cook's and to J\Ir. Hammond's also (the old

Ste\vard), and last year a couple of bales of cotton carne to town

1484

.JouRNAL OF THE HousE.

for "JI:. Hollinshe~d in the wagon, and I drew the edltor ofth:

Chromcle's attentwn. He had just written a piece about the

institution, and we had been talkino- about it and while we were sitting there the cotton came in in the wagon'.

Q. \Vere the wagoners and hands of the institution working the

wagon you refer to? A. Yes, and I have seen them working in

lVIr. Hollinshead's field, at :\fr. Hammond's and down in the

front yard and walkR of Mr. Hollinshead's place. The State carts

were doing the hauling. I have seen them carry lumber away

from here time and time again. I have seen Mr. Hollinshead

carry some home from here, and I have seen the negro attendants

working out-the attendants at their little places about.

Q. H:we theatt:mdantsgot places'? A. Yes.

Q. \Vho works those places'? A. I have seen a boy named Jeff

and Jim Hogans and Sam i'lpeights working the inmates of the

institution out on their own little farms. I have seen one of the

patients working up at Mr. \Vest's field-old man Jacky Williams.

Mr. \Vest used to have a farm, but I believe that he has sold it.

Q,. Do these men run their farms'? A. I see them working

about home a good deal.

(~. Do you see Sam Speights about home a good deal'? A. Yes,

a good lleal. I have seen a good many of them about their homes

when I thought they ought to be attending to the State's busi-

ness.

Q. Han you seen Mr. Hollinshead? A. I used to see him at

home,a good deal, and having the ::-\tate's hands at work time and

again. I have not been living near him lately.

Q. Is there anything else you wish to state'? A. I am a me-

chanic, and I had the use of a lathe here once or twice, hired it

and paid for it. 'l'he last job "as cutting a pipe here; I got Cap-

tain DeSaussure to do that. 'fhat was a small matter. I paid

fifteen cents for that.

.

Q. Do you know whether anybody else had work done here'!

A. J. C. \Vhitaker, a farmer, has had work done here, and Ed.

Trainor has too; they have had a good deal of work done here.

They used to dres,.; lumber hen, took it in extensively, and had a

house burned up on account ot it. 'l'he lumber was kiln-dried.

Q. Did they take in this work for the community? A. Yes;

they take in work here and I suppose they are paid for it. 1 have

some curiosity to know whether they put that money on the

book~

,

Q. That was ;;everal years ago that the lumber was burned?

A. Yes; when Dr. Green was in charge.

Q. \Vas the work that you spoke of being done for yourself,

\Vhitaker and Trainor done reasonably '? A. Yes.

Q. :-ltatl' whether or not the patients wandere(l about much

and worried you.' A. They w;ed to until I complained to Dr. Powell. 'rhe)' were a perfect nuisance to. me an~ Mr. Barnes.

'fhey did so up t0 this HlJl'ing, and I eomplamed of 1t.

TAI\IEH A. HCl\IPHHIEf-', wagoner, sworn.

I am wagoner her'; they pay me a dollar a <Ia;r when I. make

th to

e day-just abo make six loa(\s

ut a

half wh day and

at we keep

ought t up coal

ofogr etth.es~'I

hey reqmre us furnaces. The

wpaaio~l-onosftr' uontHe'evear'ymdoanyth

we have but are

not lost allowed

a a

day thts dollar a

year. We day for all

are the

days that we actually Zvork. Mr. Hollinshead .has charge of our

department. l\I r. Hobby attends to the feedmg o'f. the stock.

.Mr. Hollinshead comes out and gives us orders; for mstance, If

WEDNESDAY, 0cT01JER 19, 1887.

1485

;..e are loading corn or fodder or anything of the sort. He does the same in regard to the stock, the horses and mules and the

cows. I have seen some of the officers of the institution under the

in1luence of liquor; they are Dr. Whitaker and llfr. \Vest, and I

could say that I have seen Dr. Hall when I thought that he was

under the influence of liquor. I couldn't say positively that I

had seen any of them under the influence of liquor, but I have

seen them under the influence of something. I cannot say that

I ever saw Dr. \Vhitaker on the halls when he was not himself;

I have never been under Dr. \Vhitaker on the hall.

Dr. Whitaker attended my children once, and has written

several prescriptions for my wife. The medicine I got for my wife

placed her in an unconscious <.;ondition, and I had to send after

my regular family physician from towu to revive her; she was

three or four hours in that condition. In saying the medicine

was the cause, I know she waH doing very well when she took it.

Whether the mistake was made in putting up the medicine or in

writing the prescription, I cannot say. I got a physieian from

town to come and attend her. I saw Dr. \Vhitaker was under the

influence of sometlling when I asked him for the pre,.;cription.

As to my baby, I asked him to come up and see it and prescribe

for it. My wife came and got the prescription and she gave the

child the second dose, and would have giYen it the third, but I

happened in in time to keep her from doing it. I came up again

ana saw him and he said it was not tile medicine that caused it.

I got Dr. Sims the next morning and he pronounced the dose

Dover's powders and that it wm; large enough for an adult. The

child was born in August, and that was January. I asked him

about the medicine and he said it did not make any differente ;

that Dr. \Vhitaker was a phy:-;ician and so was he ; to throw it

away and not use it any more. My wife became well under the

treatment of Dr. Sims.

I have done hauling for l\Ir. Hollinshead individually; it was

not for the State. I have done considerable hauling for him at

different times. I moved a barn for him at one time with the

assistance of State hands, and I hauled sand for plastering his own

house; the only other thing I hauled was bran. I do not know,

of my own knowledge, of any work done for him by other State

hands outside of the wagoners. I haYe not hauled for any of the

other officers besides l\Ir. Hollinshead. :\fr. Hollinshead has a

farm out there; I have seen 1-itate hands working Oll this farm .

.Mr. West was a great deal away from here when he was ruu-

mng the Tucker place. He sold that place to 1\lr. Hollinshead a

few months ago.

.

~have seen some of the negro patients hoeing a crop which I

thmk belonged to Milas Hall, au attendant, though it may have b~longed to Sam Speights. The inmates did all the chopping of

his cotton ; I saw them down there a few days ago.

h~errI.ek~t~nlbooultwl.mItshdheoewandoorthkakdinsosdwoomnweehsheteetrhpees ramtaant hdyee phaaesyyr elisuairnnedcfe1oirvceapdrerofioeprdl eitthaoerrmonuonttod.

hkins~whnouosfe

for him. .Mr. Lamar had a table made here. farmers sending work here to the machine shop,

I have having

pipmg cut, etc.; whether there was any pay for it or not I do not

know.



Q. (By Dr. Kenan), Do you know anything as to Miss Mosely's

character? A. I have never known anything against her char-

d&oeutebrt;

I ha'\l'e known her veracity.

her

since

a

child,

and

I

have

no

right

to

1486

JouRNAL OF THE HousE.

BENJAMIN RUSSELL, fireman, sworn.

I am fireman of the water works of the asylum my salary is

, $16.65 a month ; I am under the supervision of Capt. DeSaussure

f'r~hcteorbyo.ardFotrhebyregaikvfeasmt

e I

is very
get !!'

coarse lictle

and scant it hominy, a'nd

is a

not satis: couple of

httle hard-tacks, bacon or beef hver, coffee, and sometimes a piece

of steak. For dinner I get a piece of boiled beef, some rice and

bread, and generally no vegetables at all. My supper is not worth

sending for, and I do not send for it at all. 'l'he bread is divided

into three parts to the loaf for supper, one for each person that

and some molasses and a cup of tea, as a general thing, I think is

about what they get. They give about the same thing from one

end of the year to the other to inmates and employees. I do not

come in contact with any officer except the engineer; my busi-

ness is down on the bank of Camp creek.

I never saw but one of the officers that I thought was under the

influence of liquor, and I couldn't say it was liquor; that was

:\[r. \Yest. I do not know of any irregularities among the officers.

\VILLIAM M. ANDEHSOX, ex-employee, sworn.
I am not now connected with the Asylum; I was a hall attendant; I left here about four years ago; I now live on the DuBignon plantation.
I have seen officers of the institution when I thought they were under the influence of something intoxicating; I did not see them drinking. Dr. \Vhitaker was one of the officers and Mr. West the other; they were the only two I remember seeing when I thought they were under the influence of anything; I may have been mistaken; I do not know what it was; it was during the time that I was here. It did not oeeur frel!uently.
The food then was coarse; sometimes we had plenty, such as it was, and sometimes it was scarce; it was similar to what Mr. Russell testified to. Sometimes the beef was fat and sometimes poor, sometimes not properly eooked or seasoned. I laid that to the cook haYing so much cooking to do without having cooks enough.
Q. (By Dr. Kenan.) If a new inmate was brought in, the sheriff ~would tell all he knew about, the man, the attendant of the hall was sent for, and without any special directions, you would just giYe him one of the rooms you had and put him in the ward? A. That was generally the case ; sometimes there was a special order where to c;arry him to; hut generally I would come and get the man and put him in the hall, giving him a room, and when the superintendent came around, I would tell him about it. I do not know of any special examination being made by the physi cians when a patient was brought in, and if there were any CO!l sultations of the physicians to examine into his condition, I d1d not know of them.
FRANK \VILSON, ex-employee, sworn.
I am a merchant, engaged in the hardware business. I have sePn one of the offieers of the institution that I thought was under the influence of intoxicants; I do not know that I have ~-;eeu any others; the one that I refer to is Mr. \Vest. I do not know that I can say what waR the matter with him; but he was under tlw influence of sometlling; I think there was something the matter; whether it was morphine or whisky I do not know.

WEDNESDAY, OCTOBER 19, 1887.

1487

That was within the last year or two. I saw one of the trustees also, Dr. Hall; I may have seen others but I do not remember. In fact they do not come about us a great deal. I have also seen Mr. Grleve. I saw Dr. Whitaker under the influence of something once-perhaps one time; I do not know whether it was whisky or what; he was certainly under the influence of something. A man might be under the influence of whisky and I not know it, but I know what I speak of was plain enough for any-
body to see. I was here about seven years ago as an attendant. [The testi-
mony of l\Ir. West as to Dr. Kenan's conduct was called to tile attention of the witness.] I have never known a dance to run until two or three o'clock in the morning while I was here. I never did see Dr. Kenan drunk ; be was a sober man.
Q. (By Dr. Kenan.) When you stayed here it was the custom when the sheriff brought a patient for the sheriff' to give what history he knew of the patient; a head attendant would be called and the patient turned over to him and carried to a ward; and if the attendant saw fit to call a doctor he did so; if not, he took charge of the patient ancl assigned him to his room'! A. Yes, sir.
FLEMING G. GRIEVE, secretary of superintendent, swom.
(Examined by Mr. Arnheim.)
I have been secretary of the institution for twenty years, and I can show you, if you desire, the copied letters day by day, Sundays excepted, for that period; I write annually from five to six thousand letters in this office, as private secretary of the superintendent. The letters are received daily and referred to the different departments to which they belong; notes are made by the officer in whose department the patient is; they come back to this office and the answers are made, copied and forwarded.
I also keep the book of minutes of the Trustees; and there is a book of histories which contains a history of each patient taken into the institution; there are eight of these books of histories; here is one of them. \Vhen a patient is rereived, we put down here a record of the date of rereption, from what county receive!l, when the patient is discharged or dies, the disease of which they die, the age of the patient, etc. This last number always shows the number of patients last on hand; this shows 1,810; whenever a new entry is made as to the reeeption, death, or discharge of a patient, a number is added or deducted ; so that you may wake me at any hour of the night and I can tell you the exact number here. From this uook (indicating) I post to the book of histories. The history is the best history the physicians can get of the case -age, whether married or single, number of children, occupation, cause, manifestations, such as "will do mischief with fire, try to drown herself, and get the train to run over her by getting on track,"-and the general state of health of the patients is given, ~s for instance, "general health feeble, sleeps but very little 1f any," etc. This comes from the party who brings the patient; this is all the history we get. . There is also a general index (exhibiting). 'fhis contains an mdex to all the patients, and gives the name, whether white or . colored, date of arrival, the county from, who to address in the case, ~nd the result, and the book and page of the history. 'fbe guestwn is, where is the commitment for that person'? Each 6ook is put to itself, and each year, and that each book is a key. Say that a patient arrives August 20th, 1R87, I go right to that month and get the commitment. Each commitment has marked

Jouu.:-oAL oF THE HousE.

at the bottom the date of reception, and each month is put to itself and I. go there at ~nee and get that commitment. That commit~ ment.Is all we receiv~, an~ the only means we have of ascertaining ~he history_ of the patient IS from the party who brings the patient. The commitments are put together month by month and year by year. There is another book here-a Book of Counties. Your

county is the county of Dougherty, (addressing Mr. Arnheim) and you will find here the names of all those who are here from

that tion

county, the date of when received and

rewcheepntiodni,saenhadrgdeedathorordideidsc, haanrdge~acuosnedoi-f

death.

'l'hese minutes (indicating) show when the trustees meet. The minutes show exactly the times they meet.
Q. Do tJ.ot these minutes show that the trustees do not meet regularly eYery month, but irregularly at intervals? A. Yes the
books show that. But it not true that the Local Board does' not meet every month. The Local Board keeps no minutes.
Q. Here is an entry of the minutes of the meeting held in Feb-
ruary, 1887, and there are no other minutes here until May, 1887; there was no meeting of the trustees from February until May?
A. Xo, sir. Q. There are the minutes of a meeting in May, 1885, and your
minutes show that there was not another meeting until September, 1885. As far as you are connected with the Board of Trustees
as their Secretary, do not your books speak the truth, and do they not show that for months the Board of Trustees did not meet?
A. Yes, that is so. But the local board meets regularly every

month. Q. How do you know"? A. Because I see them down here. Q. Do not four trustees out of the five live in Baldwin county?

A. Yes.
q. And could they not have a regular official meeting of the

hoard of trustees eYery month if the law required it'? A. Yes.

Q. Here arc the minutes of January 8th, 1883, and there is no

other meeting entered here until in August, 1883; hence they did

not meet in July; A. ~ o, sir.

Q. This is the official record of the transactions of the trustees

as finally approved by the trustees? A. Y e~.

'

Q.. At each succeeding meeting you read the minutes of the pre-

vious meeting'.' A. I do not. Dr. Ining is the secretary,_ but I

keep the minutes. That book is the regular hook of the ~mutes

of the Board of Trustt>es and slwws the minutes of all their regu

JarQ.r.ne\Vehtiei~we'siswthheerebIo

record them after the meetings nd of Mr. Windsor reeorded "?

are A.

over. Page

261

of the book of minute~; the bond is for $20,000.00.

Q. How are the contracts for buildings, ete., let? A. T~ey are

advertised for, and the specifi<"ations and contracts are m this

hook. Q. There has been some inlgliry as to the habit of drmking of
the officer,.; and there has been ;;ome testimony in reference to yourself 01~ that subject; A. I admit d_rinking sometime~, but my drinking does not interfere with the discharge of my duties.
(At the request of the ("onnnittee, the witness furnished a" state
ment as to the nwvement of patient;; from October 1, 188~, to
Auguf't 2fl, IHHi," which is annexed to the testimony as "Exhibit

F.")

CHARLEH P. CRA\VFORD, attorney-at-law, sworn.

(Examined by Mr. Arnheim.)

Q. We have read your article in the newspapers, signed "Tobe

WEDNESDAY, OcTOBER 19, 1887.

1489

sInoftkhe~et,

and it article

indic you

ated an review

insight into the report

the of t

affairs of th he 'l'rustees

e as for

ylum. 1884.

We woullt be glad to have any information you can give us on

the subject? A. This article appeared on the 26th of N ovemb~r,

1884. I made no special investigation. I have been generally

acquainted with the asylum, and with some intimacy, for years.

In fact I used to spend the night out here about twice a week, or

once a 'week at farthest. That review of mine was a review only

of the report of the Trustees. There is not a word in that article

that is not true or moderate. It struck me in reading the report

that the report was unsatisfactory and incomplete, and that it

showed that the Trustees did very little, but that they put upon

the shoulders of the Superintendent an enormous burden which

was enough to kill any man. I have always been a warm friend

of the Superintendent. I think the report shows clearly that

they did little else, but draw their salaries, and that they put

their own duties on the Superintendent. I thought the report

was clearly insufficient. They simply adopt the report of Le

Superintendent. That is not the character of report contem-

plated by law, which is to give a full and complete statement

as to the expenditures and business of the institution, and the

amounts required to run it.

Q. Do yoti know anything of the management of the institution

since-anything of its management from your own kuowledge?

A. I do not think I do; I have have had very little to do with this

institution for several years; not that there were any unpleasant

relations between myself and the officers-it was only that

the same degree of intimacy did not exist. I do not know any-

thing within the purview of your inquiry of my own knowledge.

I wish to add this-that my relations and feelings were most

kindly as to every mem bcr of the Board of Tru.stees. I have no

doubt that the facts were these-that they had so much confi-

dence in the fidelity and ability of the Superintendent that they

delegated their duties to him. That confictence was well placed.

His health is now broken down by it.

Q. Do you know anything of the habits of any of the officers of thi~ institution as to drinking? A. Only in regard to one--.Mr. Grieve; and he would expose him~elf, no doubt.
Q. Do you know anything in connection with the sobriety of the apothecary? A. I have never seen him under the influence of liquor, or any other person connected with the asylum, that I know of.

Q. Do you know anything about how the trustees meet and

audit these accounts? A. I do not think I was present but when

oOn~eesWiamsptlaykreena,datnhde

I do not vouchers

think that amounted to an and the other signed them; I

audit do not

thmk he knew any more about it when he signed than he did before.

shQou. hI~s

not be

this men

a trust of the

of such vast l'haracter that the best capacity and experience

trustees and an

acquamtance with the law? A. l;"uquestionably. It is the larg-

est trust in Georgia; it is about a third of the current expenses of

the government.

Q.You.do not think the present trustees art> calculated to execute It as It ought to be done? A. No, sir; they are not able to comprehend the trust. t Q. Do you k~ow anything of tht> business qualifications of these ruste9J For mstance, what is the capacity of Capt. Newell to

1490

JouRNAL OF THE HousE.

act as chairman of the board of trustees? A. His capacity is not

+ commensurate with that trust. (-l. W~mt i~. Dr. Hall's _capac~ty?

. He is competent, if he

would give diligent attentiOn to It; he IS the most competent man

on the board, I think. You can put it down that I say this-that

this trust is entirely too big in my judgment for the board which

has it in it ought

charge. to have

Ifitrhsti-n~kla,stshmatebne, ianngdthtehalatr"th'eestytrouusgthitnttohebeSstacatte~



tered throughout the Htate. It ought to be delocalized.

Q. Do you know anything of Mr. Windsor's transactions ? A.

'f. D. \Yiudsor is one of the best men I ever knew. As a confi-

dential friend of his, he came to me and inquired as to whether

he had a right ~o lend the State's money, belonging to the asy-

ltun, to :\Ir. \Vaitzfelder, and I turned to the Constitution of 1877

and told him he had not; and he said that he had already done

so, and was not aware at that time that it was wroug. My im-

pres;;iou is that he said he did so with the consent of some of the

trustees, although I am not positiYe of that. That impression

howeYer, has been on mv niind ever ,;inee.

'

<l. Do you know of the relationship by blood or marriage, of

the officers of the institution? A. Dr. Hall is the son of one of

the trustees; Mr. \Vest, the apothecary, is the son-in-law of Dr.

Powell, but was not when he was appointed apothecary; the

steward, Mr. L. J. Lamar, is by marriage connected with one of

the trustees, .l\Ir. Latimer; he is a brother of Mr. Latimer's son-

in-la\v, and he is kin to :\Ir. \Vindsor, the treasurer. Mr. \Vind-

sor is related to Mr. Latimer.

Q. \Vhat is the relationship of Dr. Jones to any of the officers?

A. X one that I know of to any of the present officers; he is

grand-son-in-law to a former trustee, Gen. Myrick.

Q. To what officers is Dr. 'Yhitaker related'? A. I do not

know, sir.

Q. To what otlicers is l'llr. Hollinshead related? A. The former

Steward, :::\Ir. Hammond, was his father-in-law; I do not know of

his being any kin to the present management.

Q. In :\Iilledgeville, at what price can board, lodging, fuel, lights

and washing be obtained'? A. S20 a month would include aU-

good board.

(At a later stage of the inYestigation the witness returned, and

in the presence of members of the Board of Trustees referred to

in his previous teRtimony, requested to haYe his testimony read

over to him, which was done; whereupon he made the following

additional statement in exl1lanation of that part of his testimony

relnting to the Board of Trustees:)

.Mv idea is that this great trust ought to have a large Board,

comi1o~ed of members residing throughout the State, to represent

it I do not think that the present Board of Trustees represents th'e trust as it should be; it ~hould be de localized and exte1~~ed

throughout the S~ate. And I think that men of first rate ability

should represent It.

I was a;.;ked if I thought the present Board measured up to the

standard it ought. I think the men in charge of this trust ought

to be men of larger compass intellectually to grasp the trust. I

make no question as to the intelligence of these g~ntlemen, bu_t I

think that greater men should be in charge of th1s trust. I g1ve

that as explanatory of my testimony. 'fhere were words in t~e

testimony that would convey another idea, unless explained m

this manner. This is a trust nearly ten times as big as the State

University; and yet there are Senators aud Governors on the

Board of Trustees of the UuiYersity. I think there should be a

WEDNESDAY, OCTOBER 19, 1887.

1491

larger Board of Trustees for the Asylum, and that it should be composed of the first and able3t men in the State.

T. T. WINDSOR, Treasurer, recalled.

(Examined by Mr. Arnheim.)

Q. If you had any authority from the Trustees to lend thiS

money to \Vaitzfelder, I wish you would state it. We were

inforrned that you stated that you had authority. Did they author-

ize it and did they approve of it after you did it? A. No, sir;

the transaction was not known to them until they called on me

to make good this money. My securities knew it though. If there

was any wrong about it, it falls on me.

Q. Is there any explanation you wish to make, or anything you

desire to add to your testimony? A. I do not know whether you

have down in my testimony the fact that the Asylum overdrew

me a couple of times, at one time $1,700 which I paid out of my

own money. Last mqnth T sent a note of my own to the First

National Bank, and they put it to my credit as '1'. T. \Vindsor,

and I requested them afterwards to put it to my credit as 'l'rcas-

urer, which they did. In that way my own funds have been con-

nected with the funds of the Asylum.

We were doing, as I told you, a collecting business for years

before I took hold of the treasurership; there was no bank here

and no facilities for dolng bank business. Very heavy sums of

money passed through our hands, and we were doing that busi-

ness up to the time this bank was organi?:ed. I can show you my

collection book where Mr. Wrigley has sent me considerable sums,

and I would remit in Macon exehange.

This exchange business has been mixed up with my own.

Q. Mr. Hendricks stated that you stated to him that you had

received interest on money loaned to Mr. I'Vait?:felder; also that

you took out a warrant for Mr. Waitzfelder and that he advised

you to dismiss the warrant and if there was any loss to pocket it?

A. I suppose that is i.\Ir. Hendrick's impression, but I state to you

distinctly that I never made any contract with .Mr. \Vaitzfelder

for interest-never did. ('l'he testimony of Mr. Hendricks as to

what passed between him and :\Ir. Windsor was repeated to the

witness.) As I told you, gentlemen, I never made any contmct

with Waitzfelder, or \Vait?:felder with me. .M:r. Lamar was

attending to this whole business. He came to the desk on one

occasion and simply laid down a draft on the Milledgeville Manu-

facturing Company. He said, "This is for your trouble." That

is the only amount ever colleeted. There was no contract for

interest, but anybody would probably r(")gard that as interest, and

I probably stated the ;.;arne thing to Mr. Hendricks. He may

regard it in that light.



Q. He said you had told him you had charged interest, and that

Mr. Waitzfelder said you had charged from;!l35 to $65 per month'?

A. No, sir.



Q. I asked him, too, if you had any means at the time, or suffi-

cient means at the time to have made up the defficiency out of

your own funds? A. We made it up ourselves the next month Col Whittle withheld the appropriation, and we were bound t~

come up; I think the books of the Trustees will show it.

(At a later stage of the investigation the witness, at the request

of the committee, exhibited the bank statements of the First

National Bank of Macon, showing the transactions of the bank

with the witness.)

1492

JOURNAL OF THE HOUSE.

Q. You admit ~hat you have used your money and the State's mo~ey together m the conduct of your business, whatever your

busmess was? A. I acknowledge that I have kept my funds and the Asylum's funds consolidated.

Q. How often did the Trustees examine your accounts ? A. They

examined my books and cash yearly. All that the Trustees are

called upon to do is to examine my vouchers at the end of each

month. They have done that.

.

Q. When the Trustees came to make their examination of your

books yearly, you would bring them up for that purpose and have

the money straight as to asylum affairs? A. Yes. I would

always get a certified statem,ent of my balance in the bank in

:Macon, and show the balence of cash on hand in Milledgeville.

DR. L. M. JONES, third assistant physician, sworn.
(Examined by Mr. Arnheim.)
I am in charge of the colored department, as physician of that entire department, male and female. I make one general round in the morning daily, and attend to all special calls, which are rather frequent in my department; I answer all night calls; if I have patients that are sick I generally go to them at night just before going to bed; it docs keep me pretty busy.
\Vhen a patient is first brought to the asylum, Mr. Farrell generally assigns him a room, if it is a colored patient, and an attendant is sent to the ward with the patient; if the patient is a female, the matron gives her a room. They are assigned according to my directions ; they are first placed by Farrell and then moved as I see fit; and as patients improve, they are removed and put in different wards as I deem proper. I come up to get their history after they are brought in. The history consists in what the person who brings the patient knows about it. I do not get the commitment or eYidence taken down at the time of the commitment. If it is a specially peculiar case, or something of that sort, I am notified of the action of the jury. I generally question them, look at then1 and make a general obserYation of the case, and get the history; and if there is anything wrong about the physical condition that I sec, I look it up.
Q. \Vhat moral treatment have your patients except the exercise you give them-except walking them out and working them? That is all your department afflnds to the inmate? A. Yes; we classify them as much as possible, and put the more quiet to the front, and more noisy to the rear ward, and we put the most intelligent attendants with the best class.
Q. There are no amusements provided for them like in the white department? A. Xo Rpecial amusements.
Q. No music or entertainments of that sort? A. No, sir. Q. 'fhe amusement provided for them consists in permitting tho~e who are not intractable to walk out and work under the care of an attendant? A. Yes; the work is not compulsory. We have had a few dances for them, but it is not a regular thing. Q. 'l'he religious services are conducted by this man Speights?
A. Yes. Q. Once a week for the male and once a week for the female
side? A. Yes. Q. There is no religious attendance on them when they are sick
or dying? A. Occasionally Speights is called when they are dying, but that is not the rule.

WEDNESDAY, OcTOBER 19, 1887.

1493

Q. You have no real chaplain furnished for your department? A. No more than the man Speights; he attends to the burial of the dead, and if there is any one likely to die who is intelligent enough to appreciate a thing of the sort, we sometimes have him
go to see them. Q. HE> has a good many other duties, and it; hall attendant? A.
Yes. Q. And is assistant supervisor? A. You wouldn't call him
assistant. We look upon him as the most reliable man we haYe there, and generally tell him if he sees anything in the wards going wrong, to report it, but we do not call him asssistant supervisor; we only require of him to report what comes under his observation casually; we do not require him to make any special
investigation or observation. Q. Do you keep a case-book? A. Yes, sir ; I keep that at my
office. Q. Will you please state how it is kept? A. I just make a gen-
eral entry like any other physiCian woLtld make. I do not record many cases. It is just those I look upon as being important; I have only recorded a few; it is something I look upon as a little unusual. I do not make a general record at all; it would keep me too busy to do that. I put down the treatment, the general history, the nature of the disease,j ust like any other physician would write out the case for publication. I keep only extraordinary eases, no common cases at all.
Q. What conferences do you haYe with the other members of the medical department? A. I have conferences with the physidans up here; if there is a case I am a little doubtful about I confer with Dr. Powell or with some of the other physicians. I coufer with Dr. Powell every day.
Q. Do you meet regularly and weekly for the purpose of conference? A. No, sir; there is no such thing except when I feel that a consultation with another physician would be beneficial in the treatment of the patient; then I call Dr. Powell or another of the physicians; frequently when we meet we talk of these things, but we have no stated time of meeting.
Q. It is only as the physicians themselves judge of the necessity or expediency? A. Yes; or as the case interests us.
Q. How long have you been connected with this institution'! A. Since June, 1883.
Q. You had not made insanity and mental diseases a specialty until then? A. No, sir.
Q. Give me a short account of the general system of treatment j)f the inmates; what I mean is, :tlOt only in regard to their ph vsical ailments, but their mental derangements? A. We giYe hygienic or special treatment as the case requires. Each case requires a special treatment, just aH any other disease would. We get patients here affected very differently; some haYe nervous trouble; a female might come in and be deranged in her monthly periods, and I might deem that the cause of her insanity and giYe that special treatment; we get patients who are very noisy and restless at night, and we give them medicines to quiet the uerves and make them rest. vVe give such a special treatment as we deem necessary; we treat all ailments we discover, whether bodily or otherwise.
Q. Is it not true that mere diversion of the mind has been considered by specialists of great aid and assistance in the treatment j)f the insane? A. Yes.
Q, Are not the diversions given in your department very lim-

1494

JouRNAL OF THE HousE.

ited, being mere exercise or outdoor work, that being all that is

afforded by the managemeet of the institution? A. We do not

have the same that they have in this part of the institution (the white department).

Q. That is all that is afforded you in treating them except

medicines for bodily ailments? A: Yes.

'

Q. There is very little variation in the food your patients receive? A. Very little.
Q..The food bas be~n rehashed so ?ften that I will merely state ~be bill of fare as recited by other w1tnes~es, and ask you if that

IS no.t the 1;\'eneral round? . (Repe.ating.) A. Yes; bacon is given for dmner m small quantities, besides, they have sweet milk for the sick.

Q. Is it true that vegetables this year have been very scarce ? A. Yes.

Q. Is it not true that when the brain expands its energy it is fed

by the blood? A. It is fed by the blood all the time.

Q. And has not the quantity and quality of the blood a great deal to do with the action of the brain? A. Yes.

({. The blood draws its quantity and quality from the food? A.

Yes.

Q. Would it not be wise and advisable that the food should be

varied, and that it should not be the same food continually, such

as you give them? A. Of course it \\<onld be better if it was varied more.

Q. Is it not true that if a special study was made of the condi-

tion of the patient, giving vegetable diet for one and meat diet

for another, it would be advantageous and beneficial'? A. Yes.

Q. These articles of food have different properties? A. Yes.

Q. You, of course, Himply furnish them with what you get? A.

Yes; we give special plates; to some of them, who say they do

not like meat, we give vegetables. C{. ~What is the proportion with whom you do that'? A. That

applies only to a limited number; to those who have some intelli-

gence and have mind enough to tell what they like or do not like,

or whether tbe victualR suit or not. Or course, there are others

who have not the intelligence, or who do not do that. When they

come to me I attend to their wants in that particular.

Q. Do you not think an indiscriminate use of tea and coffee,

which are both narcotics, i,.; not good? A. 'fhey do not get

enough to excite them; we give them rather weak coffee and

weak tea.

Q. How much milk is allowed for your department--can you

get the quantity you need'? A. vVe generally get enough for the

~ck.



Q. ~When you say sick you mean those who, in addition to mental derangement, m:e afflicted with bodily il~s'? A. :~s;

when they have fever, bowel complaints, or somethmg requmng

milk treatment. Q. (By Mr. Humphries.) Are you overworked? A. No, sir..

Q. You have about 400 patients? A. Yes; there are over 400 m

our building.

.?

Q. Your patients require about as much attention as the whites

A. I think they do. They are not altogether as trouhle~ome;

they do not have as many wants or complaints; they reqmre 118

much medical attendance. Q. How often does Dr. Powell go through vour building? A.

He has no regularity about coming there. Q,. Does he come once a week? A. Sometimes two or three

WEDNESDAY, OcTOBER 19, 1887.

1495

times a week; I have known him to come every morning for several mornings in succession ; then again, be bas not been there for
some weeks. Q. Does that not depend very much on the report you make
when you speak of your department? A. He generally comes if he thinks there is any n<>cessity. We have a conference every
day. Q. when you speak of conference with Dr. Powell, you mean
that you tell him of the condition of the patients and their treat-
ment? A. Yes. Q. Is that only in regard to special cases? A. I generally give
him a general survey of the whole workings of the departmentof everything that is going on ; of course, there are a heap of little things that I do not bring in.
Q. In addition to your medical duties, what supervision have you over your attendants in keeping them in the line of duty? Is that a part of your duty? A. It is my duty to supervise that whole building. Mr. Farrell is under my direction ; if anything goes wrong with the attendant:;, he reports to me, I report to Dr. Powell, and he adopts my recommendation:>.
Q. What pay do your attendants get'? A. The males $12.50, the females $10; there are no white persons attending in that department but the supervisor and the matron, except at the kitchen.
Q. This statement in regard to your department, embodied in the report to the General Assembly, was furnished by you to the Superintendent: You report that you have had under treatment during the year 462 patients; males o2, females 55, received; and you had 345 anterior to that; then you have discharged 28 as restored, and have removed 5 as improved, and the deaths have been 51? A. Yes.
Q. ~ow, the proportion between those received antl those discharged and restored, would be a little O\'er six per cent.--that is, 28 out of 460? A. \Ve have a numlJer who have been here for years, old chronic cases, and the proper way to get at that per cent. would be to base the pereentage on the numlJer of new eases, not to make it on the whole number of patients in the lJuilding, ones that have been here t'venty years, old chronic cases. There are a number of old eases who will be here until they are buried.
Q. 'rhe average of new patients would be about 117 or 120 a year'? A. I do not know what the average is. 'rhere were 270 patients in my department when I came here several years ago.
Q. Where do you get your drugs-do you send to the apothecary and get your prescriptions filled? A. Yes.
Q. Have you had any trouble in having your preseriptions fille.d? A. Very little; as a rule, they are filled very promptly; ~t times, when they are sent up, Mr. \Vest is sick. Sometimes he IS out of the medicine.
Q. Have there been any mistakes in filling prescriptions that have come under your knowledge'? A. No, sir.
Q. In the drug store, if I understand it, such things as earbolic soap ~nd hair oil, and all such things, are only furnished on prescriptiOns'? A. Yes.
Q. So that a good deal of the work done in the apothecary department is mechanical'? A. There is very little of that called for. We do not give them hair oil in my building; we give them carbolic soap, etc.
Q. You give them castor oil, tinctures, etc.,t. that outside would scarce~y ever lJe called for in a prescription. ::;ay, that at a drug store lll ~Iilledgeville there would be 13,0:JO prescriptions filled,

1496

JouRNAL oF THE HousE.

they would be prescriptions proper, and would rarely include

epsom salts, castor oil, and such things; hence, the amount of

prescriptions filled here do not represent the. amount of work .that

the same number of prescriptions would in a regular drug store

outside. A. I suppose they would not.

Q. Is not a prescription, in the proper and general acceptance

of the term, a compounding of medicines? A. Yes; we give

simple prescriptions or compound prescriptions either.

Q. There is no distinction between an order and a prescription

here? A. No ; we write them as prescriptions, all of them; if we

want a bar of soap or a dose of salts, we write a prescription. Of

course, parties outside of this place would not go to a physician for

a prescription for such things; but these things have to go

through a regular routine here, and everything has to be filed.

We could not get the soap ourselves without a prescription for it.

Q. \Vould it not be possible with but very little expen<~e to

provide amusements and diversions in your department in addi-

tion to what they have now? A. 'l'hey do not seem to care for

amusements as much as white people. \Ve had a few dances for

them, but they did not seem to appreciate them.

Q. There are a great many little things they might do in the way

of mechanical work, or something of the kind, beneficial for treat-

ment, but as it is now the treatment consists mainly of the body,

and very little done for the mind? A. I have told you about

what is done.

.Q I want your conclusion, for I am not a scientific man; I

gather from general reading that these things are essential in the

treatment, of the insane and you consider them so? A. Yes.

(~. Is it not true that there are specialistH who have made dis-

eases of the mind a special study, and that there are scientific

modes of relieving the derangment of the mind'? A. Yes.

Q. In your own treatment of patients under your charge you are

bound by what you are allowed from the institution in the way of

food or diYersion for the patients? A. Yes; whatever the Super-

intendent allows is all I ask; I am limited by the Superintendent

in my general goYernment of the building.

Q. (By l'lfr. Eumphreys.) You have never called upon the

Superintendent for any thing that he has not furnished? A. He

generally furnishes what he thinks proper.

Q. (By Dr. Kenan.) Do you ever make any post-mortem exam-

ination'? A. I haye done so.

Q. At one time it was reported that a man died of cold,, was any

post-mortem examination made of that body? A. No, str.
Q. \Vhen your patients die you report the cause of death i when

you have treated a man for pneumonia, inflammation of the nowels and so on, you report that disease as the .cau~e of his d~ath, but you do not make any post-mortem examt!latwn e~cept m ~xtra

ordinary cases? A. No, sir; that case I dtd not tlunk reqmred a

p

o(s~.t-

mortem examination. \Vhat was your report

of

the

cause

of

that

man's

death?

A.

I don't remember.

Q. \Vhere a man freezes to death, is it not true that at th.e very

time of his death, and before death, the body is cold,.the skm, the

external part? A. I should think so; I should thmk that if a

man had frm:en to death it would be cold.

Q. The body has a normal heat of 9Sz degrees? A. Yes.

Q. If the t'emperature goes below that and is reduced to 40

would not that produce death from cold? A. Yes.

Q. And would not the body still have some degree of heat? A.

I should think if reduced to 40 degrees it would be frozen.

WEDNESDAY, OcTOBER 19, 1887.

1497

Q. Would not the body still have some degree of heat? A. ,I should not think so, but I would not swear positively as to that, for I have never seen anybody frozen to death !'nd have never
studied the subject closely. Q. Is it not some time before the body becomes stark and cold
under any condition, and if a man dies from natural cause would it not take some time? A. Of course it is done gradually.
Q. And might not a man freeze to death without being stark and cold? A. I would not answer positively as to that; I am not
posted on that. Q. (By Mr. Humphreys.) Does not the breathing have a great
deal U\ do with the warmth of the body in the last moments? A. The warmth of the body is dependent more on circulation than the breathing. The circulation is continued after the breathing stops sometimes; you will find a patient who does not breathe
but whose pulse beats. Q. Before you came to the Asylum, you were in general practiee '?
A. Yes. Q. Where were you located? A. In 'Vilkinson county. Q. (By Dr. Kenan.) Have you any record of the number of
post-mortems you have performed? A. No, sir. Q. No record of those you did perform? A. No, sir. Q. Can you bring us a statement of all the deaths you have had'?
A. I keep no statement ; as a death occurs it is reported to the Superintendent.
Q,. Do you see all patients after death before they are shrouded'? A. Certain ones I do not; I do not see all that die ; if they die gradually from disease I do not see all of them, but it is my duty to see all sudden deaths; I see them before they are shrouded; I a.m generally notified if there is a sudden death, because I am to pass upon what I think is the cause of it.
Q. Are you always able to get such sick food as your patientR require in your opinion'? A. As a rule.
Q,. They do not give you many extras? A. We have chickens down there and fresh eggs for extras.
Q. What is your salary? A. $1,600, house and fuel and no board.
Q. If you need alcohol, how do you get it? A. From J\Irs. Darnell, the matron ; It has not been kept in the apothecary department for sometime.
(For further testimony of this witness, see p -.)

DR. M. H. O'DANIEL, fourth assistant physician, sworn.

(Examined by Mr. Arnheim.)

Q. How many rounds do you make daily ? A. I make my

round usually once a day in the morning; I go frequently in the

afternoon;, I am often busy about the office in the mornings; I ~ake speetal calls when necessary. I also answer the night calls m !h~ central b.uilding and the detached building. The detached

buildmg contams though sometimes

mostly patients

fcrhormontihcatcadseespacrotmnseindterreedcovinercuarnadblge~

Dhor.meJo. neIsh' arvoeunnodscoinlorheids

patients in my absence; he is

department, bu not very often

t

I make absent

when he is absent he has leave of absence.

'

My patients get the regular fare, and besides we have a good

many extra plates or sick meals; when a patient says he cannot eaQtllha~ the others eat I give him a requisition for something else.

Is It not true that the general meals ought to be more varied?

1498

JouRNAL oF THE HousE.

A. TJ;ley wo';Jld J;le glad to have them.mo~e v!l'ried, I suppose, but the d1et I thmk 1s about tlie best the mst1tut10n can furnish it is

better I think than. half of them would get at their homes. '

Q. To people aff11cted mentally and bodily as these are would

not a variation of the food be a vast benefit to the _(latients? A. Yes.

. (~. Has not the dietic treatment a great deal to do with their 1mprovement '? A. Yes.

Q. what recreation do you give to the patients? A. They walk

out and go to the entertainments given to the patients-those who

can be permitted to go out. Frequently patients are taken out

by the nurses to walk in the woods.

.

Q. The moral sidered of Yast

treatment of importance

the insane, as it in the treatment

is termed of that

~liasscsono-f

patients'? A. Yes.

Q. Is not the term "moral treatment" rather a glittering gen-

erality'? Would it not require the special study of each patient to

arriYe at what is the proper moral treatment? A. Yes and we

try to look into these points.

'

Q. And what would be beneficial to one would scarcely be

beneficial to another, and might be absolutely harmful? A.

1\Iight possibly be.

Q. Walking out is one of the things that you term moral treat-

ment? A. Out-door exercise, out-door diversions and amuse-

ment,; we term lllQral treatment.

Q. (By Dr. Kenan). Do you keep a case-book, a record of all

the cases you treat'? A. No, sir; I haven't got a case reported in

my case-book. I have reported several cases in medical journals of the State, but not in my department~cases in the departments

of Dr. Hall and Dr. Whitaker, with their permission. I do not

rE-port any little trouble that comes up, because I do not regard it

as of sufficient interest. Q. Have you ever had any pstients to die in yuur ward of dys-

entery or diarrhma '? A. I do not regard cases of dysentery or

diarrhcea as of sufficient interest, but I report interesting cases of

insanity. Q. Have any of those recovered +,hat you reported? A. One of

them that I reported did not recover, Dr. Duncan, who has a case

of aphasia. I have no acute cases in my department, they are all

chronic. Q. Do you know of any record of the acute case treatment? A.

T suppose Drs. \Vhitaker, Hall and .Jones have case-books of the

acute cases. Q. When a patient comes into the asylum with acute mania,

melancholia, or anything of that sort, a history is given of the

patient by the party who brings him, the patient is turned over

to an attendant, and the next morning it h reported that a new

patient is in the ward; but there is no consultation of. t_he Super-

intendent patien.t at

wit the

h the time,

assis and

tnaontlipnheyos~ictiraenastmasetnot

tmhae~cpoendd1ot1uotn

of by

the the

Supermtendent at the consultation'? A. No, s1r; he genera:IlY

regards his assistant physician as competent to undertaker a line

of tfeatment but as to Q. Have you made

aancuytepcoasste-ms woretegmeneemxlalmyicnoant~suolnts.

of

the

patients'? A. I have never made a post-mortem smce I have

been here; we do not make them; I have not, at least, since I

have been here. Q. Do you know whether an epileptic was

choked to

~eath

b~

a bolus of food ? A. No, sir; I never heard of such a thmg here'

and I have always called on my patients and ;;een them when

WEDNESDAY, OcTOBER 19, 1887.

1499

anything happened to them; I always examine a patient who has convulsions when called to see them. If we were to make a postmortem of every epileptic who has died in this institution, it would take a special physician to mak-.) post-mortem examinations. A great many die here who are sent home, and we do not feel justified in making a post-mortem. Where they have families we notify them of their sickness or death. I have never made a post-mortem of an epileptic or any other case since I have been In the institution. It is possible that one could die from being choked with a bolus of f0od, but I have never known such a thing
to occur since I have been here. Q. Do you use any proprietary medicines here? .n.. We use
some which have the ingrediPuts labled on the bottles; we use McDade's recipe and some others like that ; we term that a pro-
prietary remedy. Q. Do you use such a thing as gossypium in the halls"? A. No;
we use different preparations of hypophosphites. 'hey would be
termed standard. Q. Do your patients take much medicine"? A. Sometimes a
little and frequently a good deal; I have a good many that are
sick now. Q. You have a good many harmless ones in your ward now'? A.
No harmless ones in my ward that coul<l be Hent home without harm to the community.
Q. When they die do you see them before they are buried? A. Yes; I always go to the ward and ask to see the patient.
Q. Was the white woman who was buried in the negro graveyard a patient in your ward? A. Yes; I only Know of the thing from heresav. The mistake was discovered in two hours after her burial, and Dr. Powell sent me to look after it and have it corrected at once, and I did so.
Q. Have you ever had any occasion to put up prescriptions yourself? A. Frequently I put up prescriptions myself. I write a prescription in the ward and tell the nurse to bring it to the apothecary, and if .Mr. West is absent, I put it up myself.
Q. Have you ever had any occasion to believe there was any mistake made, after you gave a prescription-a mistake in putting up a prescription? A. On one occasion there was a slight mistake which one of the attendants spoke of the other day; a prescription for quinine was carried by the nurse to the apothecary, and assafcetida was given by mistake for quinine. 'fhey were both sugar-coated; we were using sugar coated assafcedita and sugarcoated quinine pills both, and one was given instead of the other.
Q. Were any of these piliH administered for the others? A. No; the nurse showed them to me that night and I told her they were rather small for five-grain quinine pills, and I examined them and found the mistake.
Q. Was there any mistake in regard to glycerine? A. Miss Mosely stated such a thing the other day; she said she had spoken to me about it. I may have written her a prescription for glycerine. I never knew of the mistake. I don't see how there could have been a mistake made in glycerine; she stated that there was a mistake, that it was chloral.
hQ. (By Mr. Arnheim.) Chloral would not hurt her anyhow if s ~hadsimply put it on her mouth'? A. No; IfrequentlypreBCrtbechl?ral for sore mouth or gums. She came to me and "asked mthe to wrtte a prescription for glycerine, and I wrote it; she said , e apothecary gave her chloral.
AQ. Is not the apothecary out of his shop a good deal of the time? Only, I think, when he is sick or gone to town; he has neural-

1500

JouRNAJ, oF THE HousE.

gia sometimes-it is not a great deal: he attends to his business

He has always Of course, whe

attended to n he was sick

my prescriptions very or was granted leave of

saabtsiesfnaccetoIrwtl ~

very glad to put up my own prescriptions.

Q. DC! you ever ma:ke the rounds at a stated time during the

week w1th the Supermtendent? A. I have done so frequently

there is no rule for any weekly trips through the house Dr' Powell goes himse~f frequently through the halls and with the

doctors; he does w1th me, and I suppose he does with the othel'l!

I cannot tell about that. I consult with him about my cases and

he sometimes visits them during the day and evening himseif.

Q. Have you had any cases of accident to occur among your

patients; any limbs broken or serious scalp wounds? A. I have

had epileptics to fall down and get scalp wounds son.etimes an

epileptic will fall and cut his head.

'

Q. Yon do not make an entry of that on the case books? A.

No, sir ; it is not a frequent occurrence. I remember to have

had a little boy to dislocate his elbow joint by a fall down the

steps. He was going to the yard, walking down the steps had a

convulsion and fell.

'

Q. Did a little boy under your charge have his penis badly cut?

A .. It was not badly cut; it is allright now.

Q. Did you make an entry of that? A. No. By accident a

patient got hold of a piece of glass and he caught hold of the little

fellow's penis; he had, in common parlance, a long "cracker,"

and he cut the "cracker" with the piece of glass.

Q. \Vas the little boy seat home"? A. He was, under an act of

the Legislature.

Q. Has he come back? A. No.

Q. Did not the public prints make a considerable fuss about it?

A. Ye:,;; but there is considerable fuss made about little things

sometimes. There was a statement in the paper yesterday about

the officers writing to a family to whip a patient who was at home

with the family, and it was a malicious falsehood.

Q. Have any eyes been knocked out or limbs broken by patients?

A. No, sir; not since I have been connected with the institution.

Q. (By Mr. Arnheim.) \Vould it not be beneficial to the patient,

and would it not cost but little to have a ten-pin alley? A. Yes;

I think it would be beneficial.

Q. \Vould it not also be !Jeneficial to them to have lawn tennis

and such things"? A. All such things would be beneficial.

Q. Has science no means by which a man affected with general derangement more or less acute, but bodily well, can be trea~

and finally cured or put upon the way of recovery, except what 18

done here, in feeding him, clothing him, looking after his being

well treated by the attendants, and giving him medicine when

sick? A. A good deal is done. \Ve take notes of cases and give

them all the moral treatment we can. We have frequently very

violent cases; cases of very acute mania, patients who cannot eat,

and we cannot put them on the ward with our quiet patients.

Q. I am speakin\! of the general run of patients who are not.

violent. I understand that when you get an acute case, you do

all in the world you know how to alleviate his sufferings and quiet

his nerves ; but I am speaking of the general run of patients?

You have HOO people fed out of one kitchen; out of that number

there are about 160 extra plates and sick plates upon an average!;

hence you have 740 people who get the same food from one end O

the year to the other'? A. No, sir; they do not get the same food i

they get fish and other things.

WEDXESDAY, OCTOBER 19, 1887.

1501

Q. Is it not true that those who are not bodily ill get v~ry little

variation? A. Yes. .Q. Is science deficient or are the appliances of.the asylum defi-
cient in the means of moral treatment? A. I thmk we do all we

can for them. Q. The moral and hygienic treatment is uniform? A. Yes. Q Your amusements and diversions are applied to the same

people in general; the same class of people attend the dances and

musical entertainments? A. We send a class there that conduct

themselves. Q. What could be done for the others except what you do now?

A. I do not know; they have access to the yards and walk out

and around. Q Could there not be modeling in clay, painting, light mechan-

lcal'work for gentlemen, and other occupation:; of a light charac-

ter and would it not be well worth while to make an effort of that ki~d? A. Yes; if we could get them to do it. The females we

supply with the material for fancy work, for making clothing, etc.,

and tle males work in the garden. Q. Is not that very little? A. Of course it is little. There are

very few that we get to work. Take these lawyers, doctors and preachers we have here, for instance; they won't work.

Q. Havn't you a class of people here who are kept here because

they are inconvenient to their relatives at home, such as inebri-

ates; havn't you got inebriates? A. Yes. Q. Isn't this an improper place for inebriates? A. I think so; I

do not think this ought to be an inebriate asylum.

Q. Havn't you a man here from Milledgeville who goes and

stops with his wife, and who is boarded and clothed here by the State? A. He is on a spree all the time and gets drunk all the

time. Q. Most of them are harmless, are they not? A. Yes. Q. A1e there not a number of patients who properly ought not

to be here; and do you not think that because the institution is

free a number of people are sent here who properly ought not to

be at the asylum'? A. I think those harmless, incurable idiots

ought to be in the county alms house; I do not think this is the

proper place for them. I think there are patients who ought to be in the house of correction somewhere; it would be a better

place for them than the asylum.

Q. Do you hot think the juries make improper <'ommitments,

and, influenced by the wants of the family and by their friends in

the county, and because it does not cost them anything, send p8ople to the asylum? A. That may be true ; I could not know how

patients behave at home; I do not say positively as to that.

Q. Do you think that the evidence upon which these commit-

ments are made should be written down and sent here with the commitment? A. I think it ought; we frequently get a patient

wit)l no history at all. They say they do not know a thing about it; they are legally committed though.

Q. Do you not think that an intelligent board of physicians, such

.118 you have here, ought to have the power to refuse a patient

upon the history as you receive it, or an examination of the patient? and might you not determine differently from the jury and remit the patient back to the county he came' from'? A. \Ve

vebry frequently get a patient that they say is violent-that will

hurn a house, or is suicidal, and in the course of time we send him

~om.mleeasnsdctahsee

y make that we

out that he is sent to Sparta,

a terrible and in less

man. than a

We had a week they

aa he was trying to burn the town, and they sent him back.

1502

JouRNAL oF THE HousE.

Q. Might it not have been that they simpl,v wanted to get rid of ~im? A .. That might h.ave been. We frequently find that as

patient who Is perfectly qmet and harmless here, when sent home

is reported by his people to be violent. Perhaps the restraint

b-r;ought to bear on them here may make them harmless cases.

Q. Statements were made here in reference to Dr. Whitaker'

habits of drinking; is there anything you can say on that subject?

A. I have been as intimately associated with Dr. Whitaker, or

more so, than anybody here, and I have never seen that man take

a drinl_i of whisky in the four years I have be~n here; I have never

seen him when I thought he was under the mfluence of any stim-

ulants. I have occasionally seen him drink a glass of beer (which

he will tell you himselt), or a glass of wine ; but so far as drinking

is concerned, in the sense in which it is used, the statement that

he does s? is maJ~cious aiHl untru~. I have ~een him take a glass

of beer; It was Ins own, and he did not hesitate to drink it here but I have neYer seen him when I thought he was under the influ~

ence of any stimulant.

Q. (By Mr. Humphrey;.;.) From your knowledge you know him

to be a man of temperate habits? A. I do, sir; and there is not

a man who advocates temperance more strongly than he does in

Baldwin county. Such a charge was made a year or two ago to an

officer of this institution, and he refuted it in the town of Mil-

ledgeville.

Q. If he goes off anywhere and gets under the influence of

liquor you have never seen him do so? A. I have never heard of

it, and I do not believe it is true. I have been off with him a good

deal and have never seen him do such a thing; and I think he

would get on a" tear" as quickly with me as with anybody else.

I do not think my presence would restrain him. If he would get

~o, he would let anybody know it aml would not hesitate to tell

anybody. I have heard of his drinking many years ago, as he

will doubtless tell you, and everybody knew it.

(~. Since your connection with the institution he has never been

under the influence of drink so as to interfere with the discharge

of his duties? A. Not in the slightest.

Q. Do you know anything in regard to Mr. West's habits? A.

I have been here for four years and have never seen Mr. West at

the institution when I thought he was intoxicated.

Q. Does he not drink '? A. Yes.

.

Q. And was not the liquor taken out of his own department

because he was afraid to eome in contact with it? A. He has been

advocating that ever since I have been here.

Q. 'Vould your stattment be the same in regard to Mr. West as

it is in regard to Dr. 'Vhitaker? A. Mr. 'Vest, I admit, takes a

drink occasionally, but I have never seen him act otherwise than

as a gentleman in attending to his duties.

Q. Do you think his actions show he is under the infiue_nce of

some stimulant occasionally, morphine, whisky, or somethmg of

the sort? A. No, sir; I have seen him take whisky, but I have

never seen him act differently on account of it. Mr. 'Vest got a fall from a tra11eze in Milledgeville, I heard, some years ago, ~nd

ever since that time he has been Buffering, and he take>~ atropme.

I have given him atropia myself frequently. And the atropla may lead per;.;ons who are not familiar with it to think ~ehas been

drinking. It flusheR his face and acts somewhat as a st1mulant.

Q. Before he came here, didn't he have the reputation of being a drinking man? A. I never heard of him before I ca~e here.

1 have frequently called to see him while he was suffermg from

WEDNESDAY, OCTOBER 19, 1887.

1503

neuralgia and given him atropia. I have never seen him drunk or incompetent. '
Q. (By Mr. Humphreys.) From your knowledge of him, do you .consider hlm a man of strictly temperate habits-I do not mean a teetotaller? A. He takes a drink occasionally. He suffers from this trouble and takes a drink occasionally; I do not know how much he takes; I have seen him take a drink, but to take whisky day by day I have not seen him do that, and have never seen him under the influence of it.
Q. Cannot a man be the under the influence of whisky to an appreciable degree without being drunk? A. I suppose he can.
Q,. Ought not a druggist to be absolutely a sober man? A. I have seen physicians and druggists that I would rather have put up a prescription drunk than many others sober.
Q. But that is the exception to the rule? A. Yes. Q. Is it not desirable that a man who fills prescriptions should be absolutely sober? A. It is desirable, but 1 don't say that it conflicts with his duties necessarily if he takes a drink occasionally. Q. Is Mr. West, in your opinion, a temperate man ? Taking a drink occasionally does not make a man intemperate. A. From what I have seen of him, he is a temperate man ; I do not think be drinks to an excess. I do not know of my own knowledge that be indulges excessively in these things; and I know he is attentive to his duties when he is not sick. Q..There has been a charge made that Dr. Hall occasionally drinks too much? A. Dr. Hall may occasionally take a drink, and I suppose that he will tell you he does, but I have never seen it interfere with his business. Dr. Hall may take beer or whatever he likes, but whatever he takes, I know him to be a very efficient, good officer.
(Examined by Mr. whitfield, Attorney for Officers and Trustees.)
Q. You say you have seen l\Ir. \Vest take a drink? A. Yes. Q. How has that drinking affected him as to the discharge of his duties as an apothecary? A. I do not think it has affected him. Q. Has there been any change in his conduct while on duty manifest to you? A. No, sir; he has gone right on with his work without any change at all. Q. How often have you seen him when he had the appearance of one under the influence of whisky? A. He takes atropine, and it flushes h.is face and may be mistaken by almost anybody. Q. ~e might have taken that when it was supposed by others to be whi~ky '? A. Yes; it might possibly haye been whisky, judging from his appearance. Q. Have you ever seen Dr. whitaker under the influence of whisky one time'? A. Never in my life; I have never seen him take a drink of whisky in my life. Q. Have you ever seen Dr. Harris Hall under the influence of whi~ky at this institution? A. No, sir; I have seen him take a drink, but have never seen him take enough to interfere with his duties any way.
Q. Do you not see these gentlemen every day? A. I see them every d~y and associate.with ~hem a~d I haye not seen anything of the kmd affect them m their capacity to attend to their business.
(For further testimony of this witness, see p. -.)
G. W. HOLLINSHEAD, sworn.
Mr. Arnheim: I do not know whether you are represented by

UiO-!

.rouu:-u.L OF' THE HousE.

an attorney or not. I will state this at the outset: there have been

some charges made against you and we will reiterate them that you. h.ave used some ?f the s.tate hands and State wagons fo~ your
may mdnTidual purposes, m haulmg for you, attending to your farm
etc. It is your privilege to decline to answer any question we

ask you if you do not desire to do so. We will have to read over

to you such parts of the testimony as contain the charges of this

character.

Mr.. Whitfield stated that he and Judge Sanford would represent

the witness.

The testimony of Messrs. 'Vynn, Harper and Humphries was

read over to the witness, the chairman stating that if any others

testified on the subject it was concurrent testimony.

'rhe witness: I admit that this hauling has been done for Mr.

Cook, ::\fr. Hammond, myself and others. A part of it was coal

and part of it bran, and it is the rule here that they charge 5 per

cent. on hauling, and when I got this bran it was weighed up and

instead of being delivered at the asylum it was delivered at my

house. It was the same way with the coal; the amount I got was

frunished to the storekeeper and he charged it to me. The time

I used the carts was the time I was not using them here ; it was

only a fractional day. I consulted the steward about that and

he told me I could get them. I got them; they did the work, and

I was charged for it and r:aid for it. The store-keeper's book will

show for it.

As to the work in the field, I doubt that I have had a hand

work for me who has not worked for the asylum. I have had

hands to-(lay working for me that work for the asylum, but the

asylum work h; stopped and they have nothing to do here when

they work for me.

If there was ever an inmate that worked in my field, I do not

know it. The time the sand was hauled, that was all charged.

That was only a fraction of a day, and the carts and wagons were

idle that day, and that hauling was all done the same day. The

five per cent. covered that hauling of the coal and the bran and

the balance was charged to me individually. Q. (By ::\Ir. Arnheim.) You had the privelege of ~urchasing

such supplies as you wanted from the asylum, and mstead of

having it hauled from the asylum you had it hauled to your

house from elsewhere and for the privilege you paid the five per

cent. re<Juired of you? A. Yes; my house was directly on the way from the depot-a short distance from the depot. At ~he new ~Jlaee I arn living- at 1 have never had any work of the kmd

done. I had the saud hauled there and the cart work was done

there. If any of the inmates worl<e? .there I do not know it.

There is an old man named Jack Williams who works around

everywhere, and he has cut some wood on my premises and

I paid him for the work. I don't know but what he has worked

for old man Harper and for vVynn. 'rhere are hands who were

working for Capt. De Saussure a few days ago, who are to-day

picking cotton in my cotton patch. 'l'hey are not working for the

asylum to-day, but are working for .me and I expect to pay them.

There iH hardly a negro around this country here, but who has worked for the asylum. ~one of the regular hands of the asylum have done any work for me except in the cart hauling and t~e wagon hauling. ~ometimes regular hands that have been diS

charged have afterwards worked for me.

Q. (By l\Ir. Humphreys.) vVhere did you haul this stuff from?

A. From the Midway depot.

?

Q. That h.; a great deal nt>arer your place than the asylum

WEDNESDAY, OcTOBER 19, 1887.

1505

A. Yes; my place being about 300 yards from the depot and the depot about three-quarters from the asylum.
Q. And the hauling to and from the asylum was saved? A. Yes; and I was entitled to it under the rules and regulations of
the asylum.
(Examined by ~Ir. Whitfield.)

Q. Did this hauling and work you had done by. State hands

and utensils interfere in any way with the work of the asylum?

A. It did not.

Q. Was it done by contract with the authorities or heads of the

departments? A. No, sir.

Q. Has the State lost anything by it'? A. I do not think so. I

paid the prices they charged me.

.

Q. Were those reasonable prices'? A. They were. I paid the

full value with the five per cent.

Q. All of the work and hauling has been settled for'? A. Yes.

Q. Those hands allegt>d to have been seen working on your farm

have been sometimes seen working for the asylum'.' A. Yes.

Q. Have any of the hands employed by the month, week or

year been employed by you. A. No, sir.

Q. For instance, is Jim Hogan an asylum hand'? A. He is a

regular employee of the asylum. He worked for me, but I paid

the steward of the asylum for him.



Q. The settlement was not made with these hands, but with

the steward '? A. Yes.

Q. How about the luml.Jer'? A. I havt> hauled lumber with

these wagons from the shop to my house. That was paid for.

The steward put the rate on and I paid for it. I do not know

what the rate was.

Q. Do you know of your own knowledge whether the books of

the institution show these transactions. A. I do not.

Q. Do you have any authority as an officer or employe of the

asylum to do any of these thingH? A. I have so eonsidered always.

Q. Is there any rule in the institution in regard to offieers consuming any supplies or usiug anything else eonneeted with the
institution, and do you know what that rule is'! A. I can not tell you that I do.

Q. What is the practice'? A. I know that we all get them; we go to the store keeper and get them, and they are chargPd to us,
and at the end of the month the amount eharged is taken from our checks. I have even bought lumber here.
Q. D~ you know anything of the state of feeling toward you of these Witnesses, Harper and \Vynn '? A. I do; it is bnd, I think.
Q. Do you know how long it has existed'? A. I can not tell you how long, l.Jut for some time.

Q. ..;\- year or six months, or two months? A. t-leveral yearseve! smce. I have been at the asylum. I do not think the same feelmg exists toward me only, but that it exists toward every man connected with the asylum.

Q. (By Mr. Arnheim.) Does Sam Speights own a little farm 1naenadrs;you? A. He owns a little farm just outside the asylum

haQn.dsDoor

you the

.know anything of mmates '? A. I do

that uot.

farm

being

worked

by

Stnte

I dQo. nDoot. you know what time he devotes to that little farm, A.

95

1.50()

JouRXAL oF THE HousE.

Q. Ha~ Hogan or Milas Hall a farm that you know of? A Hogan has not-not that I know of; be may have a little farm: hut .Milas Hall has a little lot; I do not know whether be bas any land attached to it.
Q. Do you know whether Speights has been hauling wood from the State land and selling it regularly? A. I heard it looked into it, and have never been able to find any truth m it. '
(:i. He has a cart and a mule? A. A little cart and ox. <-l. Has any report ever bet-n made to you that these men have been carrying off sacks of stuff from here at night hauling it away i:l wagons? A. None further than that I heard 'of old man Harper saying it was beiug done. I said nothing about it but looked and waited to see if I could not see anything of that 'sort. I waited until after dark one evening, some time after dark and saw Ram Rpeights' cart come by, and saw what he had on it.' He had a load of chip,.;, chip manure, and I asked him where be got
it. He said he got it at Dr. Jone8'; he said Dr. Jones told him if he would clean up around his wood-pile he could have this chip
manure. I have seen him hauling fodder and other things in his cart, but it was not goiug from the asylum but out of his own place over here to his house. He bas a little place over here and lives at .:\Iidway. I have seen hay in his cart coming out of that place.
Q. \Vhere do you do the weighing for the asylum, at Midway or the asylum'? A. I han~ done it at 2\Iidway; I do it at the asylum now; I have a pair of scales there. We used to do it at .:\I1dway.
Q. The provender and such things are entirely under your charge '! A. Yes; we have a man who has charge of the lot up here\vlw rtoes all the feeding.
Q. It is delivered to him, and when you need more you write out your requisition and it is filled'? A. We generally know about what we need, and buy it every quarter. The ~upply always holds out for the Jnarter.
Q. i By .:\Ir. Humphreys.) HaH any complaint been made to you in regard to inmates disturbing the citizens in the neighborhood of :'IIidway'.' A. I have heard in an indirect way that old man
Harper lid complain of patients going over there, but he never made any complaint to me. If patients go offfrom the asylum it
is against the ruleH. (~. Is there anything else you desire to Hay? A. No, sir. In
stating about those patients, there are convalescent patients who work out and around the building that have no attendant with
them. Q. It h.; against the orders for them to wamler ad libitum, A.
Yes; but they generally eome back here all right; they are con-
sidered harmless

DR. HARRIH HALL, sworn.
:\Ir. Arnheim. There have been some charges made in regard to your drinking ~Jy witnesses who have. testified here; if you desire to say anythmg yourself on that subJect, you can do so.
(Examined by Mr. Whitfield.)
Q. What are your habits as to drinking'? A. I take a drink whenever I want it and I do not think I have ever drunk anything enough to interfere with my business at all. I do not take

:WEDNESDAY, OCTOBER 19, 1887.

1507

it that my office requires that I should be a teetotaler, prohibi
bltionist or temperance man. I take it whenever I get ready. Q. It has not interfered with your duties? A. No, sir.

(Examined by Mr. Arnheim.)

Q. How many patient~ under your charge? A. I do not know

the exact number; I have about 325. Q. You have the white males'? A. Yes, part of them; Dr.

O'Daniel has the r.emainder, the chronic cases and the noisy class

of white men. Q. What consultations do you have with Dr. Howell concern-
ing your department? A. I have them whenever I think it

necessary. Q. You have no regular consultation, no regular meetings of the

medical staff? A. No, sir; we make our rounds, and when we get through we come to Dr. Powell regularly, and report anything we think it worth while to bring to his knowledge. If I tbink it

necessary I get Dr. Powell or anybody else to go with me and see

the patient. Q. Do you keep a case book? A. ~o, sir, not much. of one; if
there is anything of extraordmary mterest I report It; lately I

have not had anything scarcely that I thought worth putting down. Dr. Powell told us if we had anything particularly interesting he wanted us to keep it in a case book. I have reported

several cases through the medical journals, but a ease book don't

amount to much. Q. How many rounds do you make daily ? A. I go around
once, sometimes twice, sometimes three times a day, sometimes I

don't go around at all. In the last three weeks I frequently missed going around at all. Dr. Powell, on account of his sickes~. would be oft duty, or Dr. Whitaker otherwise occupied, and I
would come to the offic'~ to receive patients or their relatives, and
in the same haek there would sometimes be three or four people

here to see their relatives. I have to go with their relatives and stay with them un.til dinner time and stay with them all the after-

noon. Q. I want your general rule, you go around once a day? A.
Yes, regularly, if possible for me to do so. Q. And you attend sick calls? A. Yes; but under~tand, if I do

not go around the attendants all know it and they let me know of

any case of sickness, of anybody who is complaining, and I go to

them. Q. The diet of your patients for breakfast is beef hash, biscuit,

cornbread or muffins, hominy or rice, and coffee? A. They do not get muffins generally.

Q. For dinner they get boiled beef, rice, corn bread, sometimes soup, and vegetables when you have any'? A. Bacon is generally

issued with the beef at dinner. The garden this year has not been

as good as I have seen it. We give them Yegetables wheneYer we

have them. cipal thing

There is some sort of vegetable is Irish potatoes; and they get

oenvieornysd, asyq~asthhees,prlient--

tuce, beans and cowpeas; they get cowpeas plenty. 'rhe garden has not been a.s good as we want it to be.

Q. Is the table dependent on the seasons here? A. As far as vegetables are conc~rned, it generally is.

Q. Do you make 1t a rule to look after the food of your patients'! A. I do.

Q. Is not the diet I have stated about the general run with your

patients, with very littl"' variation'? A. No, sir. 'Ve have also

1508

JouRNAL OF THE HousE.

once,, and f~equently .three ~imes a week, fish caught down herem the I:Iver; and m sendmg that fish around they alternate

f;;riod~m,

one then

side to another, at one t:t;e .female side, and then

time going

giving back to

it to the

the mal male sid:

agam. Frmt IS bought nearly every day of some sort and then s~nt around~-watem1elons, blackberries, huckleberries,' any quant~ty of them. T_h~y can't buy enough for the whole place at a

time, an?- they divide them around as far as they will go giving it

to them m -turn.

'

Q.. (By Dr. Kenan.) Hmv long since you 'have performed a

post-mortem examination? A. I don't know how long it is since we have had one.

Q. Hav A. Yes, a

egoyoodumhaandyadniysld?cisalo~icoantsi,onas,fefwrafcrtaucrteus;eos,r

sud and

den deaths? several sud:

den deaths. .My recollectiOn Is that there were three sudden deaths

one epileptic death, one was found one morning in a perfectly nat~

ural position, who had had convulsions; they found that he had

fallen and was not_ dead, but h~ died in. a few mi~utes after we got

there; the other died a short time ago m convulswns; he had not

had any fall. I am speaking now of my own department.

Q. \-Vas any record kept of these'? A. They are entered on the book as dead.

(~. (By 1\Ir. Arnheim.) Your convalescent ward is not crowded is it'? A. ~o; we have about thirty rooms at least; we have more than that.
'~. How many p;ttients have you there that you consider strictly

convalescent in the bottom ward that is not full? A. I have no

idea, it would be all guess work; we have that bottom ward filled with convalescents and inebriates; we have two or three chronic

cases. The bottom ward is filled with inebriates; we have tried

to make an inebriate ward. 'Ve have put a good many convalescents in the ward above the 20th. The principal trouble in regard

to moving convalescents is to get their consent to be moved.

Q. (By Mr. vVhitfielrl.) Do you know anything of an inju.ry to

1\Ir. 'Vest that occurred some years ago'? A. Yes, I know he had

a fall while trying to turn a double sommersault from a springboard, and it injured his spine in some way.

Q. How long ha\e you been treating him'? A. I think for

about three or four years. I was talking to him about this trouble

a.nd told him I thought probably if he would use atropia every day it would benefit him. \Ve decided to try it, and I got to giv-

ing him atropia ever,\' day, I think it was twice a day, morning and night just before bedtime, hypodermically, in his back.

between his shoulders; and I have kept that up pretty regularly

for two or three years. Occasionally he has those paroxysms,, in
which his spine becomes stiff and very p tinful, and he feels JUst like lw had a hot iron run down his back, and in his paroxys~s we frequently find it necessary to give him u.wrphin~. ~o P!-'t him to bed and give him a good full dose; but this atropia Is given to him daily. I suggested to him that Mr. Heudricks in town ~ad
been suffering very much in the same way from some spmal

trouble and that this treatment had improved him greatly and

that I thought he also had better try it.

.

.

Q. Do these remedies have the tendency to make him act hke

one who is drunk or give him the appearance of being under the

influence of stimulants? A. 'fhe atropia will flush his face and make his tongue thick, and things of that sort, like whiskey. I

Q. That has been going on for what period of time ? A.

think for three or four years.

.. . .

Q. If you knew. him before he came to this mstitutiOn state

WEDNESDAY, OCTOBER 19, 1887.

1509

what were his habits? A. He was just like the rest .of the t;>~ys, but I never saw him drunk in my life. He was hol~I?ga :positiOn in a drug store in town, and I frequently heard physw1ans.m town say he was as careful a druggist as they ever saw. I thmk Dr. Clark at whose "'rug store he staid, did the business of the town. He filled prescriptions there for Dr. Harris, Dr. \:Vhite, Dr. Case
and my father. Q. Have you ever seen him drunk here'? A. "No, sir. Q. Does your bl!siness carry you much in his office? A. I spend
most of my leisure time in his apothecary shop. Q. How do you regard him as to temperance and sobriety? A.
I think he is a temperate man, although a man who would take a drink when he wanted it. I have never seen him when he could not attend to business except when he has those attacks of neu-
ralgia of the spine. Q. How much of his time is consumed in his business at the
apothecary department? A. He is there regularly from about nine o'clock in the morning until near one or half-past one; he is right down at hard work putting up prescriptions. In the afternoon, if anything is wanted, they have him to put it up. He
keeps his door wide open regularly. Q. In all these years has any of the drinking you have sce11 him
doing impaired his efficiency or usefulness as an apothecary'? A.
No, sir. Q. Are the requirements of t}J.e institution such as to keep the
. &J?othecary shop open all the while? A. No, sir; necessity keeps h1m there regularly at work in the morning from about nine o'clock till about one in the afternoon, and he is around so as to be accessible to put up prescriptions after that, unless absent by permission of the Superintendent, but does not have to keep his
door open.

DR. J. :\I. \:VHITAKER, first assistant physician, sworn.

In 1870 and 1871 I frolicked a good deal, and I do not deny that

I got drunk; but since I have been in the institution here, I have

not drank any whisky; I have drank some beer occasionally. I

was invited sometimes to come up in Dr. Kenan's room to drink

~eer and I drank it with him occasionally, and on public occa-

SIOns; I had it ~o affect me occasionally, but as to being drunk

and neglecting my business, it is fah;e. I have not been in the

~abit of drinking; I may have, on one or two occasions, gotten a

ht~le too much; I am of a peculiar temperament and cannot

drmk much. So far as getting drunk is concerned, if I were to

get drunk. I would get crazy. People around Milledgeville who

knew me m my younger days, know that; I could not hide it. I

w~s warned by Dr. Powell and my wife to be careful how T drank

With Dr. Kenan; that he would use it agaim;t me, or that he

would endeaYor to entice me into it and use it against me, and

after we had trouble I did stop drinking with him.

Q. _Have you been under the influence of anything else? A. ~o, Sir; I had rheumatism and took pretty he>n:y dm;es of quin-

me; I had to take some morphine when I was sick with rheurnatism.two or~hree years ago. The rheumatism reduced me a great

deal_, I had It so that I could not turn over, and I took morphine

a~tadmignht.tewrmhietnteIntwfeavsesru. ffeIrginogt'reIdaulcseodhvaedrya

carbimcle and I low and had to

have go to

a

fteerspI rgmogt sutpwIo

seasons. got some

I did not get a drop during that porter and drank that as a tonic.

time '

1510

.JouRNAL oF 'fHB HousE.

Q. Your habits ~ince you have been connected with the institu-

tion have been sober and temperate, and the use of drink has

neye! int_erfered with the discharge of your duties at any time?

A. ::'\o, sir.

Q. Is tht're anything elEe that you wish to state on that line?

A. Only that I would like to introduce the officers and take their

testimony. Anderson told me he mid he thought be saw me and

I asked him if it was not on a public occasion-a danct-and he

said he bclicYed it was; he did not sa;v that I was drunk then I

took a few gla~l"~S _of beer; enough to lJe jolly and lively.

'

As to the medicmes that Humphries spoke of my rriving to him

I would like to explain that Humphrifs and othtr e0mployes here

luwc tried to get mt to do their practice, aml ! have tried to get

out of it; I haYe refust'ti to go to sec his family. When his wife

and child were sick, I will swear most positively I was uot drink-

ing anything, allti if I madt> a mistake in a prei"cription, it was an

honest mistake.

Q. Could not that ban, been made by the apothecary in com-

pounding? A. It might haw Leen, but I might have made the

mistake myself.

Q. Does it not occur with doctors so.metimes? A. It does; it

might with any doctor; t.ut I han been pmrticing sinct; 18i0 and

lWY<'r had anybody to accuse me of that before.

Q. Js it not true' that Reveral days ago one of the most celebrated

surgem1s adminif;tered chloroforq1, and the patient died under his

hand;:, and could that not occur with other medicines? A. Yes;

you can give too much belladonna or gelsemium. I gave his wife

belladonna, perhaps. Some people haYe idios;yncracie'=! about such

things, and it might have flushed her face. He never complained

to me about it. 1 do not remember whether I gave her Lelladonna

or not. I do not remember whether I presrribed Dovers powders

for his child or not. I remember once his trying to get me to go

to his wife when I could not go, aucl I told him to get a physician

in town.

Q. Do\ers pm\ders are an innocent medieiue? A. You can

giYe a child too much; it baR opium in it; but I do not give an

adult dose for a child. 1 refused to go to his brother-in-law's one

time; brsides, we bad to discharge his sister-in-law, Miss Wilson,

for misconduct. I did that in Dr. Powell's absence. Humphries

was U]](ler my charge onee as an attendant, and he was a negli-

gent, careless kinrl of an attendant, nnd 1 used to have to push

him up. He neyer did like me. He afterwards got off'and got to

<!riving the wagons. 'Ve haYe to be very rigid with the attend-

ant,.;, aud we haYe to make rPports in regard to the1p, ar:d the

physic-ian who corrects them and reports them sometimes mcurs

their dislike. t~. The matrons and supervisors report to the assistant physi-

cian'? A. Yes; my matron reports to me.
(-!. You are primarily in charge of thP ward? A. Yes; when I

had charg':) of the males it waH, of course, the same way; I had to

report them a good many times. He feels badly towards me on

that account. He swore to a falsehood. He is not a very reliable

man anyway, and if necessary we could impeach his testimony.

As to Miss l\losely, and as to her statement that for four or five

days no physician came in the ward, I can prove by all the other

attendants in the ward that it is false; I have not known more

uTthrwdaanoyutslwdwoahldweanayys1sthosaevoucedc,buterheonwuhvgeehnr,yItobduisdseyen, ioaftnigdhoe~.ruenTdwhaeayrsewaha~asyvme~sbicedkea1nyoSoraf1ft}they needed any mediciue. If there was no one sick, I did not

WEDNESDAY, 'OCTOBER ] 9, 188 7.

1511

go but that was not over a couple of dayH, and no one suffered

for' it; and if they would send the bottles down and- say they

needed a little bromide, I would give it. 'Vhen Dr. Powell was

absent I tried to run my whole department and Dr. Powell's too,

and I liked to wore myself down and had to quit; my wife begged

me to, and Dr. O'Daniel took part of my work off my hands.

As to my speaking to .Miss Mosely about what she should swear

to, Miss Moore corrected that. 'Vhen she came out of here I did

not know she had been in here. She was talking before my

patrons and the attendants in a very demoralizing manner, say-

ing what she swore to was the truth, and they might discharge

her before night, and that Dr. Kenan said she need not be uneasy

-that he would stick to her. I can impeach her evidcmee. She

had been in the habit of lying. l sent for her to my office, and

she came down, and I said to her, "T understand you have been

talking in a demoralizing manner in the wards, and have said

that for four or five days at a time no physician went in your

ward." She said, "I said three or four or five." I said, "I heard

you said four or five." She said, "Maybe I did; I told the truth

whatever I said." I said, "::\'Iary, can you prove that'?" Slw

said, "I think I can." I said, "Who by'?" She said, "By

teudants." I said, "Please tell them to come down here; if such

is the fact"I have forgotten it "-that is, four or days occurring

without my making a round. I talked to her very kindly. Rhe

said she could bring them, and she brought four attendants, and

I asked each one of them about it. T Haid to them that I did not

remember more than two days, but if such had oecurred, I wanted

them to refresh my memory about it. Mrs. Darnell and Dr.

O'Daniel were present and heard everything that was said. I

asked Miss Dolly Brookins, the head attendant, .i\Iiss Lula Beck,

Miss Yates and Miss 2\Iaggie :\Iome, and they said they did 11ot

remember more than two days. I said, "Somebody has certainly

sworn to a lie." I was a little irritated, of course, in talking in

such ~ manner. i:-1he said, "I told the truth ; you need 11ot call

me a bar." I said, "Mary, if you did swear that there was no p~ysiciap in that ward for four or five days at a time, it was a

Willful he, and here are the witnesses to prove it." I said, "You

have a father; semi him to settle for it if vou want to." Rhe

said, "I do not send for my father to settle rny diflerences." I

said, "All right, then." '

. I positively deny that T told the attendants, or threatened them

~n ~ny. manner, that if they testified against the officers of the

mst1tutwn we would discharge them. I never have threatened

any attendant or employe. I told them I wanted them to tell the tr~th; that we were not afraid of the truth, hut were of lies.

I Wlsh to state further, that Miss l\fosely is a wry unreliable

character. I can impeach her evidence by as many witnesses as

~ou _care to hear talk. I can also show that she was guilty of

orgmg an order on another attendant; that came to my- knowl-

edfe in the last day or two.



fineu~nhdeerrstfoivoed

she said dollars.

she had slept She "\Yas the

only ten minutes and that I attendant of a suieidal case,

and 1t was her duty to sit up with her patient. She got another a~~ndant to help her sit up, which was agaiust the rules, and the mg t watch repo~ted that she found both asleep and the patient

awake. The patient might have hung herself during that time.

Dr. Powell was away and I was in charge, and I fined her fiye

dd?llars. When Dr. Powell carne home he censured me for not Il!charging her.

1512

JouR~AL OF THE HousE.

Mr. \Vynn said he and I had a difficulty; that is false. I

might have said something that he did not like.

l\Ir. \Vhitfield I call your attention to his statement that he

saw you two or three times too full"? A. I think he is altogether

mistaken. l\Ir. \Vynn has been here two or three times and I

have bact very little to do with him, and I am satisfied it' was 8 falsehood. He simply does not like me. The time he alluded to

-three years ago-I was sick, and he might have seen me with 8

feYer on me. At that time I had intermittent fever. I was not

really drinking any beer at that time. It was during the time I

was sick, I am satisfiect. It all originated in his imaginary brain

and he told it to injure me.

1

Q. I call your attention to one thing you ought to explain, in

regard to Mr. Humphries' testimony, as to your drinking when

you furni:,;hed him a prescription'? A. I say positively that that

was not true. I was not even drinking any beer at that time.

If he said five or six years ago, it might have been different.

\Vibon left here seven years ago-the time I said I drank some

beer oecasionally, on social ueeasions; and if I drink a little it

generally makes me soeial, jolly and talkative. If it was since, I

would ;,;ay it was false. (~. 'l'he same fact was stated by Russell-that he had sometimes

seen you under the influence ot something? A. Russell is a man

that don't like me; we have dbcharge!l his brother-in-law for

forging a pre~cription to get gin, and I have accused him of some

little things. I <'onsider hhn as my personal enemy. These men,

\Vynn, Mosely, Russell and Humphries, would not hesitate to do

anything to injure me. I say that, unless it was six or seven years

ago, Russell has not seen me in that condition. He used to be

under 1ny eharge as an attendant, and I had to rake him over a

few times.

Q. Has there been any omission on your part to perform your

dutieR in making your general rounds'? A. No, sir.

Q. Explain to the committee why you got another physician to

make rounds for you'? A. Dr. 0' Daniel has charge of the

chronic detached lmilding, and my ward ueing so large, I had to

get Dr. O'Daniel to go around for me at night and to answer calls

in the eonYaleseeut uuilding. I have nearly 400 in my depart-

ment; the last count was il!lR. After my sickness, I reported for duty and was still weak, and Dr. Powell told me he would e~cuse

me from eoming up here at night and would get Dr. O'Damel to

come around for me. I got in the habit of calling on Dr.

()'Daniel becau;,e he had less to do. Dr. Jones had charge of the

eolured <lepartment, and Dr. O'Daniel being in a building more con-

venient, I got to ealling on him when it was not convenient for

me to make my rounds. If he happened to be absent, I would not

hesitate to eall on Dr. Hall and others.

Q. How many rounds do you make? A. We always make one

regular round in the morniug, and as often as necessary go to see

the sick--always go in every ward eyery day.

Q. How do you dispose of your other time? A. I commence In the morning about eight o'clock and start in my female conval~s

eent ward. Of course the time it takes me to go through vanes I eould walk riO'ht on through in a short while, but to take it l~is

urely and talk to thm;e who want to talk with me, it tal{es constd-

eralily longer. They haYe letters they want to read, they have

different requisitions to get if they want anything extra., for we

have to pencil, a

write half

requisitions for pound of sugar,

eyer etc.;

ythingand .we

a w

nl!tael~rereqom~s1p~11_0nsnsorfo&r

thuHe patients who have money on depmnt, to pay for thetr wash

WEDNESDAY, OcTOBER 19, 1887.

1513

ing or anything they want to buy. 'Ve have to write requisitions

on the steward for a great many things, besides writing prescrip-

tions. It takes me from a half an hour to an hour to finish with

my female convalescents, and if there are letters to be written, it

takes me from half an hour to an hour to write them; that is,

when Dr. Powell is here. I could walk on through, like when

showing visitors, in an hour or two, but it takes me three or

four hours, sometimes longer. I luwe had to talk an hour

with one patient, and the patient not be satisfied then.

Sometimes there is more sickness than at others. It generally

takes me all the morning. In the summer time, I can htke a little

nap after dinner, or stay in my office ready to answer calls if any-

body is sick, or ready to attend to other duties. Very often we

are occupied with people who come to see their relatives. Dr.

Powell always sends to me-sends me word if the patient is in my

department. They want to consult me, and often consume an

hour or more. Sometimes half a dozen want to see me. There it;

not a day but there are some, even on Sundays. 'Ve do not show

visitors around on Sundays, but they come to see their relatives.

Last Sunday half a dozen came here. I will state further that it

is almost impossible for an attendant to tell how long it takes a

doctor to go around. Very few of them have watches ami, if they

are attending to their bHsiness, they ean not tell mueh about how

long I take. Dr. Powell sometimes sends for me before I am

through with my rouuds--some relative may want to see a patient,

and I go off and they think I am through, yet I go baek and finish

my rounds. Mrs. Darnell may know, but it is almost impossible

for the attendants to tell.

Q. (By Mr. Arnheim.) The fare your females get is the same as

that given to the males"? A. Yes; except that we give them

more extras; but we may not give them as much. If they want

more than the regular meds I give them more.

Q. 'Vould it not be beneficial to the patients if you had more

variety'? A. Yes; they could give them pound eake and ice

cream. Take the attendants, they are well people, you see they

a:re well nourished, are fat and rosy, and as a general thing they

hve on this regular diet; some few of them-may buy extra!'.

Something else might satisfy their palates better, but I do not

know that it would be an:v more eonclueive to their health.

Q. Is it not true that tile brain takes its nourishment from the

blood, and that the blood is formed from the rliet, and is it not true that .a coarse diet ~nch a,; they get here, without change, b not the ~Iet best suited to them'? A. They do get change.

Q. Is ;t not but very little'? A. You ean find by reading the

accounts .how many catfish they get, and they get ai1y amount of potatoes m season.

Q. Isn't it rough, coan.;e food? A. Yes; but it is substantial and

there is a large quantity. Q. Do~I't you .give that indiscriminately to the majority of tlw
i~1mates. A. res; but where they are feeble or lose their appetite they change that. I ask my attemlants often if their patient~

get enough to eat, and I tell tlwm to notif:v me if thev do not. If

they say th~y_are tired of the diet I vary it.



Q. Why 1s It that the number of extra meals is so small for the ~umber of inmates"? A. You probably think those extra plates are

or the same per,.;ons, but that IS not the ease, we eliange that.

WQ. you only giYe the siek plates to those who arc really ill? A.

e g1:ve them to those who are ill, but we giYe them to them

sometimes when they are up. But if the sick want a better diet we do not object.

1514

JouRNAL OF THE HousE.

Q. Could a better diet be given at the same cost? A. I do not think it could he done.

Q. Could not dried fruits and such things be furnished cheaply

and the ?iet varied in that way? A. We do have that.

'

(The hst of regular meals, as furnished by the previous witnesses

was stated by Mr. Arnheim to the witness.)

'

A. That is the regular diet. \Ve give them bacon as well as

beef seen

for big

diuner. \Ve hunks on the

give pan;

them a heap of course the

of bacon principal

haertrie~leI

have is beef

for dinner.

Q. 'l'hy uniform testimony of your attendants is that it is the

sal_lle tlung from one end of the year to the other, as a general

thmg? A. They grumble generally more than the patients. They

come from a class who han good appetites, and they think the

State is payiug for it and they ought to get better. 'I have been

in a numb~r of asylums, at asylums in Alabama, Kenutcky, Ten-

nessee, Olno, New York 8tate; and while I waH there I found

that the food given at our institution was as good as at any of the

others, and better than at a good many of them. At Blackwell's

Island it was very much rougher- \'ery rough. It is a pauper asy-

lum. At private asylums it is different. I don't think you could

improve the diet without extra cost. (~. Could it not be clone by studying the individual cases and

giving such diet as nee<led ; would not meat diet for one be bene-

ficial and vegetable diet for another, etc.'? Would it not be more

beneficial to give a large class vegetable diet only'? A. It might

do, but we don't do that here ; besides, beef is more easily digested

and assimilated than bacon; with some of these epileptics here it

might bring on convulsions. I a<lmit that would be a very good

idea to change the beef dicl once or twice a week for mutton, if

we could g<'t it, but it would coRt more.
lcl. \Vould it not be better if more ,egetables were given to

them'? A. Some Legislative Committees come down here and

say that they find only one fault, that we feed them too well, that

we are too extravagant, that we give them too much to eat, and

all that.

Q. Is it not (1 uite true that a change of diet is a necess.ity for

the sick '? A. Oh, yes; I <lo not object to the change of dtet, but

it cannot he <lone without t-xim cost. (~. For the diversion of the patients you have those dances?

A. Yes, once or.twice a week.

.. .

(~. Is not the number of patients who can parttetpa~e m them

limited, eompared with the whole number of your patients.? A. \Ve try to get out all who will enjoy it,, ar~d where .there ts not

too the

much risk attendants

of their ask me

rwuhnonitwhr~yawmaiy.t.st

Ji or wstwce, carry, .all(l I

tlellllmtyl~weamrdtso,

carrv fully

all who will b or get excited.

ehSaovme ethdtornnsoeltvwe>s~ntwthoo

wtll go to

not the

act dtsgracedances, but

will go to the litPmry entertainments. Formerly Dr. Po~ell

allowed the male and female attendants to walk together With the pattents, and to keep from being hothcr~d with their patients!

they would sometimes leave them on then wards. Dr. Powe!I

iHsued an ordlr that the attendants must not walk togetherh If

they had lJatients under their eare. I then bsued an order t at

they must not walk together in going to alHl fro whether they had

patients or not, awl senral of them were fined;, the penalty. was

a fine of a dollar the first time, and if they contmued to do tt, to

be diseharged. Sonwtimts thP paticnb; get excited and have to

be brought back. The number who go to the dances may seem

small, but there are Ro many chronic cases. 'l'hey are sent out in

J WEDNESDAY, OCTOBER 9, 1887.

1515

the yard for recreation, and if they can possibly walk out they

are walked out; sometimes we have had to detail four attendants

for one patient.

Q. That is all that is done for one patient? A. In violent cases

what else can we do ? Q. As to other cases-patients in general? A. T~ey go around

on the grounds, play marbles, etc., some preachmg and sOine

cutting up generally.

.

Q. Couldn't they be provided with more literature, with a

garden to work in, lawn tennis, etc. ? A. Some of them do go to

the garden, and there are three white men employed t0 take out

squads of white patieuts, one to the cemetery, and elsewhere around

here, and the female,; come aropnd in the front yard, and walk

out and we eucourage them to sew, and help clean in the wards

etc.' Before one of our horses got lame and the other died, we

used to send them out to ride occasionally.

Q. You have ll few convalescents? A. 'l'hey vary in each of

the three wards over there, there are some convaleseents. \Ve

have some convalescents in some of these wards who do not want

to go to the other wards; I han known that to oecur often. It

might be one of the worst wards, yet patients would beg us not to

move them from it. Last month a lady was getting to be (onval-

escent, and we wished to change her to another ward but she said

she was attached to her attendant and she did not want to go

among strangers, and wantcd to remain there until she could go

home.

Q. You have but a small number of convalescents.' A. 'l'his

month we may have only six or eight, next month a dozen or

more; nearly every month there are some going. I have senral

to send home next month if thev do not relapse. Ouce I notified

a lady's husband to come after lier, and.lw was to come on Katur-

day; she got into a difficulty with another patient, and got very

much excited, and I had to telegraph that evening to the gentle-

man not to come after his wife, that she had relapsed. 'Ve have

a great many harmless patients here that are chronic, others that

have lucid intervals; we have quite a number who are perfectly

harmless, some of the best people in tbe State. If the~ are not

destructive or too suicidal, or disposet1 to escapP, we mo\e them

into the the convalescent ward.

Q. Do you not think it would aid you in treating cases to have ~he testimony taken clown at the commitment sent up to you, mstead of gett~ng the short history given by the atten(1ant who

brings the pat1ent, and who may really know nothing about it'.'

A. Oh, yes; very often an attendant brings them who only says

that the party is crazy and knows nothing else about it. If we

could get that evidence, it would he a great help.

Q. When a patient is sent here do you 11ot think that a power

should be lodged in the the patient if they find

medic-al board of thl' institution from the commitment and the

teo\"riedteunr~ne

submi.tted that the patient is not insane; if thPy find that to be the

case eJther from the evidence or from au in><1wc-tion of the pntient '?

OlT~uohumd~gyd,hOmt!aJtlntYhedertrv!reloalluansybo, lthaeatnoavdbebao.eftuoastr.upHtchoehwavetteirirmasloetmfh" tiotshhn,iestwhysseoh;rahtbYaluoevtdeagyseohmduausdmo~nihpgHashtewtinsehseneetnr~ades't!wahneiAytmh-.

?me durmg a lumd mterval and they might Yery soon get

VIolent. We sent home a patient from one of (JUr harmless wards,

Who had been there some length of time, and she remained there

over a year. She showed temper, got Yiolent and tlwy wrote to

us about her. We told them to try and keep her if they eoul<1

1516

JouRXAL OF THE HousE.

but in a short time they sent us word that she was very violent.

She came back on the 19th instant. They censure us for sending

her home, and she was at home fifteen months.

(~. Is it not true that they pack off a great many patients here

con,;idering this a mere eleemosnary institution? A. Oh, yes;

they do. We had one woman whose people we notified that she

was well, but they wouldn't notice it; we couldn't get them to

consent for her to come home; they would not come after her or

authorize us to send her. A gentleman came here with a patient

and was anxious to leave the patient, but we were very much over:

crowded. Dr. Powell said if he would take that patient home he

could take the patient tilis gentleman brought. and we returned her in that way ; and yet they

She sent

waacsormemsitotrteed~

of the Legislature to iuvestigate "us. Dr. Powell has the right,

under the law, to send them home; hut the trouble is that where

they are nervous and subject to relapse, the people make so much

fuss about it, and he tries to keep them. They want us to send

them home on our own responsibility. All we can say is, that

they are well and we don't think are liable to relapse.

Q. 'l'he patient is received and assigned to a ward, and there is

no personal examination either by yon, or the superintendent, or

the medieal board; you do not meet as a board to examine each

incoming <ase '? A. If a patient is received, and the patient has

auy douut as to his condition, he has the right to call the superin-

tendent's attention, or that of the other physicians, and get them

to go and examine the patient with him. If it is a common case

he goes on and examine,.; himself. \Ye never hesitate to consult at

any time. Often a patient comes who is suieidal or homicidal,

and who is SPnt lly order of court, and the attendant or person

whose ward he is placed iu is notified of that.

(~. (By Dr. Kenan.). Do you keep a case lJOok '? A. I kept

one, wrote up one, and started on another, and got sick about that

time, and si11cc then have only reported extraordinary cases. I

have a ease hook, but lately I have not had anything interesting

to report. I haw auout 400 patients, an<l if I keep a record of all

cases, I would have to have a secretary to keep it.

Q. Do you keep a, post-mortem book? A. No, sir; we seldom

have a post-mortem here. \Ve started it, and several of the

patic11ts begged me for God's sake not to have them cut up if they

die. It woilld have a uad effect on patients, and on their people,

too. i-(ome of them would have a horror of sending their people

here if thev thou~rht thev might be subjected to post-mortem

examiuati')ns. vV'e consult auout the cause of their death, but

have never been required to keep any record of post-mortem

examinations.

Q. Have you had any sudden deaths or sudden injuries to any

of your patients lately"! A. I had one woman. who broke both
arms; a patieut pushed her <lown. Dr. O'Damel ~vas called. to

her. \Yhile I was absent we had a sudden death; lt was a suiCI-

dal c:Jse. Dr. Hall had charge of the female suicidal ward then, and when I camP back he told me a patient had suicided. ~e

have hah epileptics to die. I do not know of any others who dted

sud(lenly. That lady who had her arm broken is the only one

who has had any spvpre injuries lately. Q. Have ~ou ev,r put up any prescriptions yourself? A. Yes.

Q. Do you have anv trouble in waiting on the apothecary'? A. Only wl1~m 1\lr. vV<>st is sick or absent by permission. Last week,
o1 tiw wPek btfore he had a spell of fever for several days. As a

creneral left the

t

hcionu~a1t\Yy Pmsto

stavH here very close. re than once, the time

I don't think he went to

he see

bas his

WEDNESDAY, OCTOBER 19, 1887.

1517

brother several days at Eufaula, Alabama. He has had spells of

sickness, but only for a few days at a tim~. . .

.

In explanation about Mr. \Vest and hts drmkmg, I would hke

to say he did have a fall from a trapeze and hurt himself, and suffers te~ribly from neuralgia. I have seen him when he suffered

very much from his back, with cold and chill, and I had to trea.t

him for it, and I think a good square drink of whisky would

relieve him. I have had to give him morphine, and be has taken

atropia. I have gotten after him, and l.mv:e said, "\Vest, you look

as if you were drunk; " and he would mstst that he had not been

drinking, but had been taking atropia, and said he could prove it.

His wife came in the apothecary department and said, " Pope, are

you drunk?" He said, "No; Dr. Jones gave me a dose of atro-

pia, and I am glad you called my attention to it; I did not know

my face was red." Probably a good many thought from that

reason, that he was drinking. He takes a drink occasionally ; he

does not deny that; but he discharges his duty. I luwe never

known him to neglect his duty except from sickness. At times

he does suffer terribly.

(For further testimony of this witness sec p -.)

Dr. Whitaker proposed to testify himself and to introduce other testimony, as to the character and conduct of Dr. T. H. Kenan, formerly first assistant physician of the asylum, and a member of the present committee; part of the testimony offered to be introduced being a record of the evidence taken before an investigat ing committee of a former legislature.
The committee held: 'rhat, inasmuch as the conduct of the present officers of the institution only is under investigation, and Dr. Kenan not now being connecte(l with the institution, such testimony would now be irrelevant; also, that the character and conduct of Dr. Kenan as an officer, as testified to before the former L'Ommittee, having been already passed upon by that committe and their report thereon presented to a former Legislature and acted upon, and Dr. Kenan luning thereupon ceased to be au officer of the institution, that matter stood adjudicated, and does not.cume within the scope of the preHent investigation; also, that as Dr. Kenan has not testified as a witness before the present committee, the testimony offered could not be reel'ived by this committee to impeach his veracity, or his statements made elsewhere. This testimony would not only be irrelevant, but would greatly protract the investigation; especially as, if admitted, Dr. Kenan might demand and would be entitled to be heard in rebuttal, thus re-opening the entire former investigation.
The committee further stated that any testimony tending to impeach or rebut the testimony of any of the witnes~<es on the present investigation would be admitted if offered.

DR. L. M. JONES, third assistant physician, recalled. (Examined by Mr. Whitfield.)
Q. How long have you been with this institution ? June, 1883.

A. Bince

l.'H8

JouRNAL OJ<' THE HousE.

Q. Have you been intimately connected with Dr. Whitaker in a business way and socially ? A. Yes.
Q. Stat~ whether or not he is a sober man? A. As far as I know he Is.

Q. Have you ever seen him indulge to an excess in intoxicants

or have you seen him under the influence of them? A. No sir! I do not think I have seen him out ot the way I have ~eve~

seen him take a drink of whisky in my life; I have known him to take a little beer.

Q. You have never seen him under the influence of whisky or any stimulant'? A. No, sir.

Q. He has been competent to discharge his duties, and has dis-

charged them so far as you know? A. So far as I know.

Q. \Vhat are your opportunities of seeing Dr. Whitaker and

knowing whether he is a sober man? A. I see him every day

when he is on duty. I know he was sick sometime last year as

well as I remember. A good long while he was suffering with

carbuncles, last year or the yeu,r before.

.

Q. Htwe you ever seen him when he was sick with the rheu-

matism? A. Yes.

\VILLIAJ\1 H. SCOTT, usher, sworn.

(Examined by 1\Ir. Whitfield.)

I am usher of the asylum and have been here three yeu,rs and a half. I expect I have seen Dr. \Vhitaker every day since I have
been here, aml I have never seen him intoxicated since I have been here, or heard of his being so ; I have never known him to be so. When he was a young man, before he came to the institution, he used to drink. If he had been under the influence of liquor while here, I think I would have discovered it. When I
am not on my rounds 1 am generally in the physieian's office and the physicians are frequently in the apothecary's office, and are
about the steward's office nearly every day. He has never been disl1ualified from attending to his business as a physician for this asylum by reason of being under the influence of liquor or any other stimulant. I have never seen him take a glass of beer in
my life.

8. A. COOK, gardener, sworn. (Examined by Mr. Whitfield.)

I have known Dr..J. M. \Vhitaker eight or ten years and have known him as an officer of this asylum about seven years. I see him every day during the week, once or twice going in and out in the prosecution of his business. I have been here !:liX years. He is an extremely so her and temperate man. I hav~ never seen him at any time when I thought he was under the mfluence. of stimulants of any kind,-any kind that stimulates the bf8;m I haYe never seen him at any time incapacitated from atten~mg to his business, except when sick, I suppose a day or so occasionally during the time I have been here.
(For further testimony of this witness see p. ~)

'l'. F. NE\VELL, sworn. (Examined by 1\Ir. Whitfield.)

I have known Dr. Whitaker since he was a little boy; my oppor

WEDNESDAY, OcTOBF.R 19, 1887.

1519

tunities for observing his habits as to sobriety and intemperar~ ~ have been good; I have been here frequently, and have met hrm frequently as an officer of the institution. I have never seen him under the influence of liquor in the slightest degree; he is a sober man. I have been a Trustee during his whole connection with the asylum. I have never at any time had any information in
reference to his being disqualified from attending to business by reason of his being under the influence of any stimulant.
I will say this, that I remember that when Dr. Whitaker was a young man his father, who was a good friend of mine, had fears that he might drink, and he got drunk once or twice, and I think
it made his father a most ardent temperance man, and I think Dr. Whitaker was when we elected him to the position of assist-
ant physician. (For further testimony of the witness, see p. -)

D. W. HALL, Truske, sworn.
(Examined by )fr. Whitfield.)
I have been connected with this institution as Trustee about six years, and haYe been in constant communieatiun with Dr. Whitaker as a physician, and I have never set>n him otht>rwist> than perfectly sober, and I have neYt>r known him to takE' a drink. He is a sober man so far as I know.
(For further testimony of this witness, see p. -)
T. H. LATIMER, Trustee, sworn.
(Examined by Mr. Whitfield.)
I have known Dr. Whitaker for fifteen or twt>ntv years and have had fair opportunities to know his habits; I ha~'e "been connected with this institution four years, and during that time I have seen him often. I never saw him take a drink, but I saw have intoxicated a number of yt>ars ago beforE' he bec-ame c-onnected with this institution; I never saw him but once when I thought he was under the influt>nce of liquor since he bas ;been here. I have seen nothing like it; I can endorse what the other gt>ntlemen have testified to. I should say he is a sobt>r man.
(For further testimony of this witness, seep.--.)

MRS. J. M. DARNELL, matron, recallt>d.
I would like to say that after the young lady (Miss Mosely) made the statemt>nt she did about Dr. ~Whitaker, some of the gentlemen here may have thought that Dr. \Vhitaker was negligent and did not speud as much time in the halls as he ought, and I do not wish any such imprt>ssion to exist. You asked me how long it would take him to makE' his rounds. I said if ht> went directly through-if there was no one sick, it would take an hour to an hour and a half.
Q. (By Mr. Arnheim.) I understood you to say he made his regular round and responded to any call that was made? A. Yes; I never have known any physician here to neglt>ct the ;;ick.

(Examined by Mr. Whitfidd.) I have been Matron nearly five years; I haYt> chargE' of the

Hi20

Joutt:NAL oF THE HousE.

female department; Dr. Whitaker is the physician in attendance on that department, at the convalescent and the main building and Dr. 0' Daniel at the detached building, and at night in tl:i~ main building. I see Dr. Whitaker every day when he is here !l~meti~es severalth:nes a day; I have had opportunities to observ~ his habit;; as to sobnety and temperance. I never have seen him
under the influence of any stimulant at all, and never ha,e heard the least suspicio~ of anything in regard to Dr. Whitaker. I
was utterly astomshed when I heard he had been accused of such a thing. If it had been so I think I would have detected it. If there is a temperate man in the world I think it is Dr. Whitaker
I know Miss Mary Most>ly ; she has been an attendant here fo;
about eighteen months; I know her general character, the way in which she is regarded by people, only in the lmilding; I think I
<io know her general character and reputation. I should say her dmracter was bad; from my knowledge of that character I do not think I would uelieve her on oatiL
I was present at a con,ersation that passed between Miss Mary ~Iosely and Dr. 'Vhitaker on Saturday in presence of Dr. O'Daniel, ;\Jiss Maggie ;\Ioore, Miss Yates and :\fiss Brookins. Dr.
'Vhitaker, I think, sent and asked :\[ary to bring her witnesses to prove that he had been absent from the hall four or fhe days at a
time, and she brought those witnesses and they all testified that :\Iary had tolfi an untruth. She affirmed that they had agreed with her before coming from the hall. I did not hear Dr. Whit-
aker make any threats as to discharging any one, I never have. I never have heard him make any threat of that sort to :\Iiss Mosely
or any of the other attendants at any time.

1Examined by Mr. Arnheim.)

Q. How is it that this young lady has been in the employment

of the institution for eighteen months, and yet her character such

that vou swear that you would not believe her on oath? A. I think it has been due to the kindness of Dr. ~Whitaker.

Q. And yon have ladies in your employment over a year who are unworth~ of belief? A. Yes; she is certainly one of them.
(~. Are you not in charge partly of the department? A. Yes.. Q. How often have you complained of her or asked her d~s

dmrge from Dr. 'Vhitaker? A. I have never asked her dis-

charge. Q. 'What eomplaints did ~ou make to Dr. ~Vhitak~r that would
justify you in the testimop~ that ~on have _.Just delivered? A. I

think I have said to Dr. "lutaker seveml tunes that the attend-

ants complained to me of Mary's untruthfulness.

Q. Who has talked to you about this young lady? A. The atten(lauts of the hall she has been in, Miss Yates, Miss F~n!lie

Robinson, .:\Iiss Dollie Brookins; I think it is the general opm10n

throughout the house.

.

Q. I want to know the persons who talked to you about.It-

where you obtained your knowledge of her general reputatiOn?

A. l\Iiss Fleury and Mrs. Cone.

! Q.
Q.

~AWnhyatotdhiedr

ladies that you hear

you from

heard? A. I Mrs. Yates?

don't A.

know. , couldn t

tell

you ; there are so many little things that happen m the hall that

I couldn't tell you.

.

Q. If .Miss i\rosely had been guilty of any gross mJscond.uct

would she have been continued in the employment of the Institu-

tion? A. I flon't think so.

.\VEDXESDAY, (kTOBEP. 19, 1887.

1521

. Q. You do not kuow of any gross misconduct then? A. Only
this untruthfulness. Q. State in what particular? A. I told you my reason for say-
ing that-in speaking of Dr. Whitaker not going on his rounds for four or five days. And I remember one instance where she sent a pair of shoes into Milledgeville with a note in another girl's name to have them repaired, and the young lady did not know anything about it until the shoes were returned to her. That was told me. She has told stories about being absent from the hall; that has been reported to me and I know that myself. She has told mq stories about meeting with her escort.
Q. Afiything else'? A. I don't know, it is just a continual
littleQ. (Interrnpting.) 'l'hese are the facts upon which you base
your opinion that you would not believe her upon oath? A. Yes because I know the girl from her everyday life. It makes me ~orry to condemn Mamie, yet I would not believe her.
Q. Yet she has been continued under your supervision as one of
your attenda11ts in the Asylum'? A. Yes. Q. What is the reason you have refused to be sworn'? A. I
never swore au oath in my life; I think it is wrong for anybody to swear; I just h:we a terror of swearing; I try to tell the truth.

(Examined by Mr. Humphreys.)

Q. Is it not true that Miss :\Ioselv is a speeial attendant'? A.

Yes. Q. Is the patient she is in charge of inclined to he dangerous'?
A. Yes, she is a suicidal patient.

Q. And she is the atte11dant having eontrol of this lady? A.

Yes. Q. Is not that a very serious and important eharge? A. Yes.
Q. Would it not be dangerous, and would not the offieers ofthe
Institution do that lady an injustice, as well as her family, to allow an attendant of this eharaeter to have her under her exelusive control'? A. She is on the hall with other nurses.

Q. Miss Mosely has her in charge at night alone:' A. Ko, sir.

Q. What are the duties of a special attendant'? A. To look
after her patient, to see that sht> is kept neat, and her room attended to.

Q. And to keep her from inflicting violetwe on her person or taking her own life'? A. Yes.
Q. And ought not that responsibility to be plaeed on the Hhoulders of one who is reliable and true to her trust? A. Yes.

Q. And Miss Mosely has diseharge<l that trust for eighteeJL months '? A. Yes.

Q. AndyetforthQlast eighteen months, you and other offiC"ialsof the institution have known that she was a person of the ehanwter you charged her to be'? A. No, sir.

Q. How long have you known her reputation for untruthfulness? A. I neYer knew the lady until she eame into the building.
Q. How long ago was that'? A. Eighteen montlm ago, perhaps longer.

Q. Has she always been the speeial attendant of this lady'' A.

I think so.

.

Q. Who stays with that patient a,t night as a rule? A. We detail nurses for her as a rule.

96

1522

JouRNAL oF THE HousE.

Q. Does Miss Mosely stay with her now at night? A. Not now ; she used to before her patient grew to be as bad as she is

Q. \Vho employs the special attendants? A. Dr. Powell and

they are paid for by the friends of the patients.

'

Q. They are employed at the instance of the friends of the patient'? A. Yes.

Q .It must be agreeable to Dr. Powell before they are employed? A. res.
~{. I want to know how far back this unfavorable opinion of l\Ilss ::\Iose~y dates; how long have you known of her disregard for truth, ~~as It been as long as a month? A. Longer than a month.

Q. 8Ix months? A. I don't know; longer than a month though.
Q. She i~ still in charge of this lady? A. Yes; but she gave me her notice to-day that she expected to leave.
Q. Of her own motion? A. Yes.

Q. The officers haYe not notified her to give up her job? A.

~.~

.

Q. Have you ever told Dr. \Vhitaker, Dr. Powell or any of the

other physieians about her being untruthful? A. I have told Dr.

\Vhitaker.

Q. That you would not believe her on oath? A. No, I have not. Q. \Vho summoned you for this particular purpose? A. I told Dr. whitaker on yesterday that l would not belieYe her on oath.

Q. \Vhat brought about the eonyersation? A. The occurrence

in the offiee down stairs when the attendants all told Mamie that she had told a story on Dr. \Vhitaker.

Q. \Vlu:.t was it'! A. That he had been absent from the hall for four or five davs at a time.

Q. And you then told the Doctor you would not believe her on oath'? A. Yes, sir.

({. fs she a. member of somP church? A. Yes, of the Methodist

Chunh. Q. Is she a lady of good standing in the Church? A. I suppose

so, I think so, I don't know anything of her outside of thA institu-

tion.

Q. \Vill you swear from your knowledge of Miss Mosely's char-

aeter :von 'vould not believe her under oath? A. I don't think I

would, I would not know whether to believe her or not, I would

feel very doubtful as to the truth of her statements.

Q. You would not swear that you would not believe her at all,

but that you would be in doubt about the correctness of her state-

m.en ts? A. I hardly know how to answer that question ; but I

don't think I would, because a girl that will tell a story about one

thi11g will do so ahout another.

Q. :-lhe was not under oath when she made the reports rou spoke of? A. No, sir. I realize that it is a grave charge agamst

Mamie to say such a thing. Q. (By 1\Ir. Arnheim.) Is it not true that sometimes a day or.

two elapses that Dr. Wllitaker does not come on the hall? A.

Yes; but he has business that will keep him away from the hall. Q. Have you ever known him to be absent four or five days?

A. I have never heard an attendant say so except Miss Mosely: I don't think it is possible for him to ab~ent himself so long a time

without my knowing it.

(For further testimony of tl.1is witness see p -.)

WEDNESDAY, OCTOBER 19, 1887.

1523

:MISS KATE FLEURY, Seamstress, sworn.

(Examined by Mr. Whitfield.)

I was for a shurt while an attendant in the hall Dr. Whitaker

has charge of and that Miss Mosely has been on. Dr. Whitaker

was not absent fron'l that hall as much as four or five days at a

time while I was there ; I don't know of hi;; being absent from

the hall any day while I was on it. I have been here going on

eight years. Q. Have you known him to be ahsent from the hall as much as

two days'? A. No, sir.

Q. Do you know of the general character of Miss Mary Mosel.v?

A. No, sir, I don't know the general character. I know of her

telling_untruths.

Q. J;ler "general charaeter" means how she stands among other

peQop. leI~

her her

reputation among them, do you general character good or bad'!

know A. It

that? is bad.

A.

Yes.

Q. From your knowledge of her general character would you

believe her under oath '? A. No, sir.

Q. Were you present at the conversation the other day between

Dr. Whitaker and Miss Mosely in presence of Mrs. Darnell'? A.

No, sir.

Q. (By Mr. Arnheim.) How long iwere you aB attendant on

the hall'? A. About six years.

Q. During the six years you do not remember a Hingle day that

Dr. Whitaker was not on the hall? A. No, sir.

Q. You are positive about your recollection? A. Yes.

Q. (By Mr. Whitfield.) You mean whether he was sick or well,

or how'? A. Of <'ourse when he was sick be couldn't possibly go.

Q. When he did not come, did some other physieian of the

Asylum come'? A. Yes.

(Examined by Mr. Humphries.)

Q. How long since you left the hall Miss Mosely wa" on? A. Not quite eighteen months.

Q. What part of the institution are you in now'? A. In the sewing room as seamtress.

Q. And you have heard considerable about Miss Mosely'! A, Yes.

Q. What means have you had of finding out Miss Mosely's
standing for truth? A. i had before she came and after she came.
Q. Are you and Miss Mosely friendly'? A. Yes.

Q. (By Mr. Whitfield.) During this time that vou have known Dr. Whitaker, has he been at any time in the 'buildin"' within your knowledge under the influence of liquor? A. Nev~r that I knew of.

Q. I would ask you to state if he is a Hober and temperate man?

A. He is a temperate man.



MISS NORA CONE, seamstress, sworu.
(Examined by Mr. Whitfield.)
I have been here for four months and have never seen Dr. '\Vhitaker except as he is to-day; I have seen him every day when he Was able to come up here; I see him when he comes in the center

1524

JouRNAL OF THE HousE.

buil.ding, and into his own office-that adjoins the sewing room

He 1s a sober man.



I only know Miss Mosely's general character and reputation in the building. It is that she is not very truthful.

(The witness knew )Iiss Mosely for shoes

of in

the the

order name

alleged to of another

have person

been from

sheenart sba~

only.)

.

I am in the same room with Miss Fleury.

:MISS DOLLY BROOKINS, attendant, recalled.

(Examined by Mr. Whitfield.)

I was present at the con\ersation between Dr. \Vhitaker and 1\Iiss Mosely. Miss ~Iosely Raid that Dr. \Vhitaker was absent from the hall for four or five days at a time and we did not have any physician at all during that time, and she went up and asked
me alHl some others to come down to testify, and we did. I told Dr. \Yhitaker that two days were the longest since I had been in the institution that we had ever been without a physician. It is not true that for three or four days Dr. \Vhitaker and every other physician had been absent. I have been an attendant right in the halls all the tiine for nearly three years, and have never been
absent from the institution for three days at a time during all that time.
Q. In the last l'ighteen mouths have you been without a physi cian as much as two days? A. Just two days at a time.
Q. \Vas there any oecasion for a physician to come during the two days--any particular siekness '? A. No, sir.
Q. You are in the department that Dr. Whitaker has charge of? A. Yes.
Q. Have you ever seen him at any time under the influence of any stimulant'? A. I have not.
Q. If he had been so while in the disch!Mge of his duties could you haYe detected it'? A. I certainly could, for I have been right at him a nmnber of times.
Q. From your knowledge of his habits would you regard him as a sober man '! A. Yes.
Q. Do you know anything of Miss .Mosely's forging anybody's
name to au order for shoes .' A. Yes ; it was my sister's name that was signe<l to tlw order; she did so without any authority from my sister: I <lo not know where the order is; the order was
sent to Mr. Ed. Bt>ll, of Milledgeville.

(Mr. Arnheim stated that this part of the testimony would be ruled out; unless the original or<ler referred to could be produced or aecounted for.)

At a later stage, and after the committee had concluded the hearing of the testimony at the aRylum, the following paper was
prodtwed, as the order referred to by this witness :

"MH. Bm.r. :-Here is a pair of slippers I got from you; have

not worn them scarcely any this year; you can see for yourself.

I haYe sent them to you to know if you will have them fixed or

not. If you will not, will you please to have them fixed and

<"harge to )fiss Mamie Mosely. If you cannot have them fixed,

plea,;e send them back bv the haek. Your friend,

..

"FANNIB BROOKINS."

WEDNESDAY, OcTOBER 19, 1887.

1525

The paper was addressed on the back,, "Mr. Eddy Bell,, ~iil ledgeville, Ga.," and the date endorsed m another handwntmg,
"September 11th, 1886."

Q. Do you know the general character of Miss Mosely, her general reputation and standing'? A. I think I du.
Q. Is that character good or bad? A. It is bad. Q. From your knowl~dge of that character would you believe her on oath '? A. No, str ; I would not.
(Examined by Mr. Arnheim.)
Q. Are you in the same hall with Miss .Mosely'? A. Yes. Q What efforts have you made to have her discharged'? A. I hav~ complained of her for untruthfulne!-ls to Dr. Whitaker and Mrs. Darnell. Q. And she has been retained in the institution and a suicidal maniac left in her charge '? A. Yes. Q. Has she ever been employed in charge uf anybody else except that lady? A. No, sir; only when detailed for a day or so at a time. Q. Who bas been attending on her patient while she was detailed? A. Me and another attendant. Q. That lady has special attendants while she is detailed'? A. No, sir. Q. Your estimate of her general character you have made up from what you have heard in this institution? A. Yes; and I think I have heard a good deal about her on the outside. Q. Are you perfectly friendly wtth Miss Mosely? A. Yes.

MRS. J. M. DARXELL, recalled.
(Examined by Mr. ~Whitfield.)
Dr. Powell has the right to discharge Miss Mosely as a special attendant, and noboby else has the right, I think. She gave me notice this morning that she was going to quit. She has been resting under charges for some time for untruthfulness.

DR. W. H. HALL, recalled.
(Examined by Mr. Whitfield.)
Q. You have read the testimony of Frank Wilson as to your drinking; what explanation do you desire to make ? A. I had been confined to bed for several weeks with fever, and was very nervous, and the first day I got up from my illness Twent do~n to make a personal attack upon a man, and in it there was a good deal of excitement, and my son seized me and said, "You are too weak to make that attack, don't you do it." That attracted a Ood deal of. attention, and Mr. Whitfield came up and said,
Doctor, g~t m your buggy and go on home;" and I did so. I saw Mr. Wtlson near by. I was very much under the influence of excitement.
Messrs. 'r. !' N e~ell and T. H. Latimer, stated that they wished
added to theJr testtrnony that Dr. W. H. Hall is a sober and a temperate man. DrM. Wr. Nhietwakeelrl:wIerenedvreurnkh.eard until yesterday that either he or

1526

JOURNAL l'~' THE HOL'SE.

DR. :M. H. O'DANIEL, recalled.

(Examined by Mr. Whitfield.)

I was !!resent when Dr. Whita~er and Miss Mosely had the

conversatwn referred to. Dr. Whitaker asked her this question

''Miss Mary, I hav~ und~rstood from one of the attendants 0~

the hall that you said I did not go on the hall for five days at a

time ; did days at a

you say time."

it'?" Dr.

"WShhietaskaeird,sa"iYd,e~", Csair~

I said four or five you prove that?"

S~e said, "I think I ('an." Dr. Whitaker said, "Go back a~d

brmg all the female attendants down here and see if thay agree

with you, and if they do not I am going to have them go before

the committee." So the attendants all come down and every

attendant testified differently to what she did; and Dr. Whitaker

said, "See, "l\fary ; you have gone there and :;worn to a lie see

how you have misrepresented matter~."

'

!Examined by Mr. Arnheim.)

I don't know whether Dr. \Vhitaker sent for Miss Mosely or

not to come to his office. The attendants that were sent for" and

testified differently from Miss Mosely were the attendants of the

first hall. l\Iiss Brookins, Mrs. Yates, Miss Moore, Miss Laura

Beck and Miss Robinson. Thev all testified that she had not told

the truth.



DR. J. H. wHITAKER, reintroduced.
(Examined by Mr. Whitfield.)
J\Iiss .:\'Iosely has been resting under charges for want of veracity. 'fhe charges were made to Dr. Powell. \\'hen such charges are made we generally take time and inquire very particularly into them; and Dr. Powell has been sick or absent for one thing or another and that ha;; been the reason that they have not been acted on before. It ha;; been only recently that we could find it out; we did not get bold of anything very tangible until very recently. The order for the shoes did not come to my knowledge until Raturday night. -:\Irs. Darnell told me several times she didn't know whether to belieYe the girl, and the head attendant said the same. I gave her two or three talks and told her plainly what she was charged with, and told her ;;he must stop talking so much. Rhe talked too much in front of patients and that was a complaint made against her; there have been more charges in the last month than in any before. There never has been any charge that she neglectect her patient much.
Q. This lady for whom Miss Mosely is special attendant pa~s for a special attendant'! A. Her husband leaves money on deposit and Dr. Powell employs an attendant. We sometimes put an old attendant with that patient and put the special on the hall; she was for a long time a harmless patient; it is only occasionally she is suicidal.
Q. How is it that the special attendant is detailed to attend to others'? A. They want their Sundays off, and they r?tate; on Sunday, one special attendant will look after two patients; we have to detail somebody to look after her patients, and we only detail her Saturday night; otherwise. she. woul? have to stay. on
the ward Sunday and she wouldn't hke It. "We never detail &
special attendant unless in case of emergency.

WEDSESDA.Y, OcTOBER 19, 1887.

1527

Q. Is the patient ever left alone at night~ A. Oh, no, ~ir; formerly before this lady got bad, Mary slept m the room With her; there ~ere two beds in the room; it is only lately that we found out she was so bad. Mary was a little extravagant, and Dr. Powell never did want to employ her much, and she worried us t~o or three years before we employed her ; Dr. Powell never did
have much confidence in her. Q. (By Mr. Whitfield.) Is Dr. I. H. Hall a sober and temper-
ate man? A. He is.

G. W. HOLLINSHEAD, Assistant Steward, recalled. (Examined by Mr. Whitfield.)

I have been at the Asylum nearly fourteen years. I see Mr.

West the apothecary, several times nearly every day; I have

neve; seen him drink much, I have taken drinks with him

lmiqyusoerlf~oI

have as to

not at affect

any his

time seen him under capacity for business;

the influence of I haYe always

regarded him as a sober, tempemte man ; I could not say he is

that sort of man, but I have regarded him as such; from what I

have seen of him I would consider him C9.pable of attending to

his business. I don't know what you term a temperate man.' He

is a man, I think, that would take a drink occasionally; T have

never seen him drink to excess, and I can't say I have seen any

evidence of his drinking to excess. I think he will take a drink

when he gets ready. I have neYer seen him when he couldn't

attend to his business. My business is mainly outsidP; some-

times I see him daily and o;ometimes for weeks I do not.

Q. (By Mr. \Vest.) Have I not put up your medieines'? A. Yes.

Q. You felt no fear in my doing so'! A. X o, sir.

Q. I have put up all your medicine since I have been at this

institution'? A. Yes.

Q. You felt perfectly easy that my mind was all right'? A. Yes.

Q. Did they not answer the purpose they were intended to'?

A. I think they did.

P. A. WEST, apothecary, reintrodueed.

(Examined by l'lfr. Whitfield.)

I was injured probably twelve years ago by a fall from a spring-

board; I fell on my shoulder and broke my ehest-bone square in

two, and got a serious injury to my spine. Dr. \Vhite attended

me. I have never gotten over that injury entirely. For the last

ten months Dr. Harris Hall told me if I would folio" his direc-

tions he could eure me. I Hometimes have paroxysms. Dr. Hall

h8J! given me atropia regularly; sometimes he has given me mor-

phme. Sometimes I have suffered so mueh that I did not know

what he gave me and the next day would ask him. Sometimes

when those attacks come on everything looks as black as ink. The pain is located ba~k of my neck, in the little uerYes and tissue t~e~e. A. little thing runs into the brain, I don't kuow wh~t It Is-a httle something that goe:; zip, zip, running into the bram. ~have gotten along well lately under Dr. Hall's treatment.
~ne time when. I came to myself from one of these attaeks,

WCohniech:whera~ptpheenreed.

m the apothecary, Mr. Hollinshead an<l Miss Rus!-lell might have been present without my

1kncoouwldmgnoItt.beIottohnelrywliasset;edit

a few minutes. would kill me

I am surely.

very

temperate '

1528

JOURNAL OF THE HOCSE.

(~. ":"o? said that you used liquor moderately; state if you have

used It smce you have been apothecary, and if it has ever inca-

pacipated you at any time in the discharge of your duties? A. It

has not; and I have been advised by my physician not to drink

too much.

Q. Have you ever been drunk at any time; and did Mr. Russell

have to bring you home? A. No, sir; I believe that to be false

I don't believe he ever touched me.

'

Q. what portion of the day do you spend in the apothecary

shop? A. I am there always from about daylight; I generally get

up ab<~ut.that time, and I go down and stay until all the morning

prescr1ptwns are put up. In the afternoon I am there if I have

any \York to do. I sometimes lay down and take a little rest in

the afternoon, and if I have any work to do I go down and close

the door and put it up. I generally eome in at four o'clock in the

afternoon after the physicians start to make their rounds. Some-

times I do not get off uniil half past two or three, or along there;

at other times I get off promptly at one o'elock.

Q. when this a tropia is adminietered to you, what effect does it

have on you? A. I was suffering the other day and had Dr.

Jones to give it to me; in a few minutes be came back and his

his wife and Dr. \Vhitaker. I turned my face toward them and

Dr. vVhitaker said, "Go up and go to bed; for if that committee

. comes here they will swear you are drunk." I said, "Have you

not administered that before?" He said, "Yes, but people will

think' about these things and talk about them."

Q. Does it flush the face in a peculiar way? A. Yes.

Q. Did your wife make any remarks as to your condition? A.

Yes; she said, "Come up stairs; you shan't stay down here."

She has administered it herself, and Dr. Jones will testifytowhat

he gave me, and I took nothing else.



(.[. Except when those attacks were upon you, have you been

incapacitated at any time from attending to your business as an

apothecar;\? A. X ever; in fact, my perseverance in going down

when really I was not able has been greater than was really good

for me. T have been at mv business more than any one officer

here.





1Examined by Mr. Arnheim.
Q. \Vhat is the effect of atropia on the brain? A. It doesn:t have any at all; it just flushes my face, and makes me look as If I were under the influence of whisky.
Q. The. a tropia baR no effect upon the brain? A. lt does not on me: I understand it effects other people differently.
Q. \Vhat does Materia l\Iedica say about it? A. I don't know what it says about it. It is a kind of nerve tonie; it is a very deadly poison, and if I have to fix it myself T always reduce the dose.
DR. HALL, Trustee, re-introduced.
(Examined by Mr. Whitfield.)
Before l\Ir \Vest came out here he received a fall from a trapeze, injuring his 'whole nervous system by a shock on the head of t~e spine, and I ~ttended him for ~Yeral months. He got up agam and went to his business, but has been a shattered man t<;> a great extent ever since. Sinee he has been here I have seen him o~ca sionally. While he was in Milledgeville I never saw him drmk,

WEDNESDAY, OcTOBER' 19, 1887.

1529

but beard that he was occasionally taking whiskey; I never saw

him under the influence of it in my life, and I saw him day by day

re~atedly in the drug store.

.

.

..

Q. Have you ever prescribed atropia or morphme for htm smce

he has been in the institution~ A. Ye~, I came out on sev~ral

occasions and prescribed morphme for hun when he was suffermg

from his shock, from nervous depreHsion, etc. Q. Has the treatment you have given him since you have b~en
out here tended to flush the face and thicken the speech? A. ~ eR.

Q. Is that calculated to put an untrained or uninformed person

under any impression in regard to his sobriety'? A. I think so,

under the impression that he was umler some stimulant.

Q. would you call him temperate or intemperate? A. I would

say that he is a temperate man as far as I know.

(The testimony of Mr. C. P. Crawford was read over to the wit-

ness.) Q. Have you attended to your duties as a trustee, save when

you were sick'! A. I have.

GEORGE D. CASE, sworn.
(Examined by Mr. WI1itfield. 1
I have known Mr. West fifteen years. I am a druggist, and this is my eighth year in that business. I think I have been acquaicted as much with Mr. \Vest's habits as to drinking as anybody who has lived with him in this community. Before he came here he was in the habit, like the average man, I know, of taking a drink occasionally, when he felt like it; he was not a strict temperance man, bul I have never heard him accused of being a drunkard. I have taken a drink with him within the last ten or fifteen dayH, if I remember rightly. I don't think his habit of drinking has any effect on his mind or business. Since he has been an officer of the Institution, I lmYc seen him a great deal in the town and here. He is my wife's uncle. HiH general health is not good. He once had a fall while performing on a trapeze, while he was a boy, and it was the opinion of his brotherin-law, John l\1. Clark, that it affected his growth, and that hiH undersize has been due to his fall; his family are all larger men than he is. I have seen him at times when the effect of intoxicating liquor would afiect him like any other man. I would call him an average temperate man.
_He sened as prescription clerk in l\Ir. Clark's store. He was in hts store for ten years before he carne in this institution, and that was seven or eight years ago. He has had not less than fiftecu years e:-perience in the. drug business, and a man could not possibl~ be m a dr~1gstore fifteen years, even if only a bottle washt>r, Without learnmg something about it.
~r. Hans~ll .Hall and the other leading physicians here had thetr prescnptwns filled at Mr. Clark's drugstore when Mr. \Vest was thet:e; nearly all the prescriptions were filled there, for it was the leadmg drugstore; sollletimes Mr. \Vest would fill them and sometimes Mr. Clark.

DR. I. L. HARRIS, SWOI'll.
(Examined by l\Ir. Whitfield.)
I have been a practicing physician in l\Iilled"eville for fifteen years, and have known Mr. P. A. West fully that long. I was

1530

JouRNAL oF THE HousE.

first called to ~im about the Y.ear 18ii, and treated him for a severe

n~rvous affectwn, I presume 1t was the shock from that injury to

hw1hs antewrveocu~sllsnyesrtvemin;esI.

gave him anodynes, morphine They would have the effect of

atropia making

and him

appear as 1f were on his

he were under the feet at the time he

influence would te

of in

ianstooxrticoafndts~zaedndcoifndhie-

tion; the atropia frequently causes a rush of blood to the face

an~ head. Morphine effects the. tongue and s~ech, and atropia

man:es the throat dry and the vmce husky. I never knew of Mr.

\Vest taking a drink of liquor in my life, and I used to see him every

day before he carne here, dozens of times a day; if he had been an

intemperate man I would have known it; I expect he filled the

majority of rny prescriptions every day. I never found anything

wrong about his filling a prescription, never found any mistakes.

Hince he has been at this institution, I have met him repeatedly and I never saw him under the influence of liquor, and never sa~

him take a drink of liquor. His capacity as an apothecary has

not been affected. He is a very competent apothecary, and was

certainly so regarded by the State Board of Physicians, else he

never would have been licensed. I was one of that board. He

was licensed before I became a member of the board. If he had

been drunk regularly before his appointment here and since, he

could not have discharged the duties of his po~ition. As apothe-

cary of this institution he fills more prescriptions than any one

druggist in Georgia.

(Examined by :Mr. Arnheim.)

Q. 'l'he amount of prescriptions filled in this institution-13,000

a year, including requisitions for soap, hair oil, and all the simple

remedies bought by people without prt>scriptions-do you mean to

say that that is a larger amount than is filled by any drug house in

Georgia--less than forty prescriptions a day'? A. I speak from

the prescriptions T have seen him fill at times when I was in the

apothecary shop. If that is the amount, I do not say that he fills

more than any other druggist in Georgia, but it is more than is

filled in either one of the drugstores in l\IilledgeYille; and I was

a druggist several years in :\[aeon, and that was more than I filled.

Q. When you tilled the prescriptions in J\Iacon you sold a great

many articles, such as epsom salts, lluinine, soap, etc.'? A. Yes;

but that waH not under a prescription.

Q. Do vou know that under the rules of this institution they

require these things to be furnishetl only on a precsription? A.
I did not know that; what I call a prescription is where we com-

pound a prescription. I call those orders, not prescriptions. . (~. (By Mr. \Vhittield.) Could the institution dispensE' with th1s
apothecary'? A. ~ot without getting one thoroughly competent

to fill his place. Q. (By Mr. Arnheim.) Physicians are competent or ought to be

competent always to till their own prescriptions'? A. Not always.

The line of study of a physician is different from th~t ecary. The examination a physician undergoes .1s

opfr~~~;nnc!1!:pPaoltlhy-

upon the practice of medicine and surgery; chemistry 1.s always

ignored. A physician in his examination is rarely questwned on

ehemistry or botany, and httle upon mate_ria medica. Atone t1me physicians had only to pre;.;ent their d1plomas before ~he S!ate

Board of Examiners and they could get license as drugg1sts With-

out examination, but the courts decided that physicians shou!d. be l'Xamincd, and their diplomas to practice surgery and ~~dwme

would not authorir-e them to compound drugs and medwmes as

WEDNESDAY, OcTOBER 19, 1887.

1531

apothecaries. We then compelled all physicians who applied for license to come before our board, and we found them much more ignorant tl:\an many that came before us as pharmacists, and we
rejected many. Q. The phatmacopia should be a part of their course, should it
not? A. It ought to be, but it is ignored. I have known physicians often after they had graduated as physicians, when they wanted to compound drugs, to go to a college of pharmacy, where
they learn materia medica and botany. Q. (By Mr. Whitfield.) Suppose you write a prescription "For
Robert Whitfield, one ounce of salts," and sign it, wouldn't you call that a prescription? A. Yes, sir.

T. F. NEWELL, recalled.
(Examined by :\Ir. Whitfield. 1
(The testimony of other witnesses, as to the conrluct of l\Ir. Newell as a trustee, and in regard to the discounting of his notes by Mr. Windsor, was read oYer to him.)
I was passing along the street in .July, I think, when I met Mr. \Vindsor, and he said he bad two notes of mine that he would be glad if I would consolidate, if I was not able to pay them. 'fhey were in the hands of third parties, and he wanterl the money for the machine shop down there, and be said he could raise it out of the bank if I could consolidate the notes. I told him I would do so, and I did it. The amount of these noteH consolidated was $529. I have learned subsequently from l\Ir. Bethune, that there was another note of mine which I never knew anything about, which was given another party, and that was also hypothecated$117. I do not know of anything beyond tha .. I did not know that they were in Windsor's hand>:<, or whose hands they were in. They came into his hands in the regular course of trade, and harl no connection with my business as trustee. I expect to meet them.
Q. You are a planter: and run large planting interests i11 Southwest Georgia? A. Yes, and here, too.
Q. And of course you, as every other planter, during the summer get advances and conduct your busine;.:s partially ou credit'? A. Yes; a great deal on credit, unfortunately.
Q. You have large landed interests? A. Yes. Q. You have not had any transaction with ::\lr. \Yindwr beeause he was Treasurer and held money of the asylum, or was an officer under you? A. I make that statement. In regarrl to all my transactions with the asylum, and in all my relatiom; to the asylum, I have carefully aYoiderl even the very appearance of eYil -have tried to do it.

(Examined by l\lr. Arnheim.)
Q..How long have you been President of the Board of Trustees'? A. Smce Colonel Whittle (lied.
Q. Were not the convalescent buildings given out by contract entirely 'I A. I think they were.
Q: If they were given out by contract, how is it that these extraor~mary exp.enses were requir8d, for instauee, $15,000'? A. You Will observe 111 our report for 1888-4 this statement: "A mistake was made in the estimates for these la:o;t two buil(lings as also for the heating apparatus therefor; still the trustees hope, by rigid economy, to have them completed for use within the appropria-

1532

.JouRNAL oF THE HousE.

twns for them, or, if not, the extra amount that will be required will be comparatively small."

The next report (the report for 1884--85) says: "As stated in our last rep?rt,, the architect made a mista~e in his estimate for the

new bmldmg, anrl there was also a m1stake in the estimate for

heating the two large convalescent buildings, which'have embar-

rassed us p.o little; still we shall be enabled to finish and occupy

them without leaving any debt, or without asking any extra

appropriation, as for sometime it was feared would have to be

done."

It was called to the attention of the Legislature and to that of

(}overnor McDaniel, who visited the Institution (I forget how

many times), and who kept up closely with all these things.

Major Fuss made a great mistake in his estimate on the heating

apparatus and also in his estimate of brick. He made his esti-

nmte of the size of the building and of the thickness of the wall

and of how many compartments were required. It was let out

according to the contract and specification now on file here. If

there was any extra work, of course the asylum had to pay for it.

Yon eanlook at the eontracts and specifications and see if they

were fully carried out or not, and what extra work bas been done.

Q. \\'hat I want to get at is this: It seems that after the con-

traet had been made and the contractors bad agreed with you to

do it at a certain amount, a large amount of money, not the whole

$15,000, but a large portion of that was afterwards used in order to.

complete the work, and that the contraetors did not complete the

building as they were required to do for the amount appropriated?

A. :'\o, that is not so; they finished according to their contract;

but allow me to explain. \Vhen we built the female convalescent

building we put the heating apparatus down below the dining

room. After we had plaeed it there we saw the mistake we had

made. It was quite a discomfort to the dining room and the

whole building, and was very dangerous, too, on account of fire.

Then, t'JO, we had to employ an extra man to look after these

boilers. It would require one for absolute safety. 'fhe contract

was let out according to the plans of the old convalescent build-

ing. \Ye put an addition to that, the boiler building, on the male

conYalescent building. The architect who made these mistakes

was a very honest man, however, and ha; done us a great deal of

senice. (1,. \Vhat had you to do with the bricks, if you let out you~ con-

tract for the building'? A. (Referring to page 225 of the mmutes

of thE' Board of Trustees). The contraet shows that we were to

furnish ''all brick needed for the erection and completion of the

building and nothing else." According to that we had to furnish

the brick. Q. Did you pay T. 0. Brown, of A~gusta, $30,000 for building

one of these PotlValescent wards'? A. fhat was the last one that

was built. 'l'he mistake occurred in the specifications for the

amount of brick needed, and it was not our fault.

1The first contract with T. 0. Brown was made in June, 1883, and was for building the last convalescent building and ~urnish

ing materials, except brick, for $30,750. The next contract IS da!ed August :ld, under which he contraeted.to furnish 3,700,000 ~mck at S.5.9;) per thousand, elay and everythmg; els~ to b~ furms~ed

hwaelrle~

two-thirds and one-thi

to rd

bofes"~Olmoodn-acnodlohreadrdarbchn

ck or

for laying clinkers.)

outside

The trustees have been up before variou.s committees a?d have

explair:ed it satisfaetorily to eYery comm1ttee. ln maklDg con-

traets we would sometimes have contraets to complete a whole

\VED~E~DAY, OcTOBER 19, 1887.

1533

building; sometimes the work was let out ~epar~,ttely, bid l!pon sevarately according to the plans ~nd spemficatwns, s~metlmes brwk work, sometimes wood matenal and other matenal. The contracts speak for themselves. Sometimes we would have to furnish the material. In fixin! up these buildings the configura-
tion of the gronnd is such that you have to go away down. (For further testimony of this witness see p - ).

p, M. COMPTON, merchant, sworn.

(Examined by Mr. Whitfield.)

I reside in Milledgeville. I deal in groceries and buy cotton,
provisions and things of that kind. I have known Captain T. F. Newell ever since he was a boy,
and have known him as a lmsiness man ever since he was <ompe-
tent to transact his own bnsiness-sinee the war, 1864 or 186.5. Captain Newell is a man of good qualifications, good lmsinesf-l capacity. I consider him a bright and sharp man, and a correct man. I don't know much about his contracting and buying for
the institution, but he is a prudent, elose-trading man. In the conduct of his own business he is the same thing-clm.;e but cor-
rect. I think he is a good trustee and well qualified. In the management of his own private affairs he has been pretty successful. He had a big encumbrance to start with, but he has paid
it off and managed his own business well. His father left a large
debt on him and he had to pay it off, and settled it. He settled it all oft, and he maintains his credit as well as anybody I know. I think be is a pretty good property holder. I don't know how much property be has; I know he baH a good deal. He has a val-
uable house, lot, stock, ete. I don't know what he is worth. I
suppose he has a thousand or two acres on the creek here. I don't know of my own knowledge of his having property in Southwest Georgia, but I know he cultivates a plantation down
there and calls it his own and makes a cotton crop there. As to Captain Latimer, I think he is a man of good qualifica-
tions, a close square gentleman in all his dealings. I used to deal with Captain Latimer before the war, and since then he has come
up and settled in our county, and I have had large dealings with h1m most every year. I n'gard him as being as much of a pru-
dent man in the eonduct of his own affairs as any man in my knowledge. He is a successful man in the manag("tlent of his business, so far as I know. He is not extravagant or wasteful as far as I know.

(Examined by Mr. Arnheim.)

I am in the grocery bm;iness H!ld these gentlemen deal with me,

but I have never made a contract with them in regard to the

asylum. I used to furniHh the asylum a good many years ago,

but I do not now. I speak of them in their private methods and

general character. I have had no contracts with the asylum through t~e~1; they have never bought anything from me for tlH'

adsoynleum~ywt1hthema

my recollection. sylum-that is to

I do say,

know the I glance

exten over

t of business the reports

somet1mes1 and I suppose the amount which passes through the

hands of the trustees does amount to about a quarter of n million dol!&'s annually, taking ~nto con~ideration the money expended

Oil improvements from time to t1me. I do consider them com-

petent to manage that amount of money safely. If it was minP

1534

JouRNAL OF THE HousE.

they could manage it, _if I were incapacitated to_ do it myself; 1
would trust them wtth It; I don't know that I could get anybody I would sooner trust.

T. F. ~E\VELL, trustee, reintroduced.

(Examined by Mr. Arnheim.)

Q. There is a provision that the regular appropriation shall not

bf' U!:!ed for building purposes, which you will find in thi~ act of

the Legislature, (indicating)-but this money has been expended

under the head of extraordinary repairs and for building pur-

poses. :i\lr. Lamar says there was a shortage in the estimate of

brick, and that when the money specially appropriated for these

buildings was exhausted, money from the regular appropriation

wa,; used for building purposes? A. We have just completed the

building and haYe shown you what was done, and you yourself

;my it was absolutely necessary. In the female convalescent

building we had the boiler down under the floor and had to

remoYe it and place it elsewhere.

Q. \Yas not the money expended for that, money used for

building purposes"? A. No, it was a repair, for the safety and

protection of the institution ; it was an improvement, not build-

ing.

Q. \Yas it not the intention of the Legislature that the regular

appropriation should be used for the inmates-for the care of the

inmates? A. In my conception it is my duty as trustee to pro-

tect the State's property and do all in my power to do it. Here

wa!:l this building that was endangered by fire, by the heating

apparatus right under the dining room. When we built this

place outside and put the boiler there, of course we put it down

under the head of extraordinary repairs.

(~. It is true that you have now undrawn two months of the

appropriation? A. I cannot recollect; I cannot keep these

amounts in my mind ; I think we are that much ahead.

Q. Besides you haYe now on hand $16,000 or $17,000? A. Yes,

there was a balance of about $4,000, alld since then I have signed

another requisition.

.

Q. You will have, only having one more month to run, with

the Sl 7,000 on hand, at least :320,000 or $2.5,000 when your fiscal

year ends? A. Yes. I haYe not collected the money; I gener-

ally sign for the requisition with the month. I presume you are

correct. You have looked into it right recently more than I have.

Q. You have undrawn two months' appropriation besides the

balance reported the first of this month, and in addition one

appropriation drawn Rince the first? A. Yes.

S. A. COOK, gardener, recalled.
(Examined by Mr. Arnheim.)
(Parts of the testimony of other witnesses cont~ining statements in regard to the character and conduct of the witnesses were read over to him.)
I do remember about the guano. At one time, in a d!stant field, through my own mistake, th~re was half a barrel left m the field. That is all I know about It. I suppose there was about $1.50 worth.

WEDNESDAY, OcTOBER 19, 1887.

153.5

Q You don't remember about burning corn and fodder in the
:field? A. Nothing of that kind ever occurred. . . Q It has been stated that you worked five hands m wmter and
six 'in summer? A. About five is the average; I work some
irregnlar hands for hoeing. Q. Does the institution furnish you with a horse? A ..I was
furnished a horse the second year I came here, and he died ; a h~~~r so ago he was killed. Since ~hat. ti~e I have ~ad _no

Q. Don't you use a horse of the mstitutwn? A. No, su:;

sometimes, when there is no pressure of work and the ground IS

wet I ride a mule. Q. You cultivate about eighty acres? A. Between sixty and

etwigohtcyr~pssomaree

years eighty, some growing, turnips a

years sixty. On a nd Irish potatoes.

part of land We average,

I guess, about eighty acres a year.

Q. The garden has not turned out many vegetables this year?

A. No it has been a bad year. During the month of July and

August it is almost impossible to have much of anything; it is

just after the first crops have been used off and before the se<"ond

crops come on. Q. You are furnished with all the appliances aud means to

make it a good garden? A. Yes; I have been.

Q. You have guano, manure and all the necessary manual labor

required'? A. Yes; to do so much and on a certain plan.

Q. You are absolute in your department'? A. Yes, 1 superin-

tend the farm and garden.

Q. 'Vhat farm? A. I consider the sweet potatoes, peas and

corn as belonging to it.

Q. Altogether, you cultivate from sixty to eighty acres and that

includes the farm and garden? A. Yes.

Q. 'Vho sees what is made by your farm and garden? A. The

Trustees and Dr. Powell make an occasional Yisit. I suppose

they come nearly every month, sometimes three or four times a year.

Q. Who looks after the products of the farm'! You deliver to

them and they put down what you deliyer '? A. Yes; it is put iu

the tower, and it is diYided out to each one of these buildings.

Q. There is no supervision as to the exact amount deliYcred ; no one to receive and check it off? A. No, sir.

Q. Do you know of any report oeing made to Dr. Powell in

regard to this guano Home years ago, and Dr. Powell haYing

investigated it? A. No, sir; I don't know anything about it.

The manure was worth $2 a barrel, mineral manure which could

stand without injury, and the amount found was about $1 worth.

Q. What was your salary when you first came here'! A. $600; I now get $840.

Q. Do you get any meals furnished by th@ institution? A. K o;

I get two meals a day here, but pay for them at the regular price charged at the institution.
Q. ~hat sort of garden have you now'? A. Twelve or fifteeu acres m po~atoes, a fine crop o_f peas and a crop of turnips. The

crop growmg on the land IH certainly worth more than the amount paid in wages.

I

Q. see

I see _your

in your estimate salary is not incl

there is uded in

down so much as the computation;

pIrodfiot nm'tadsee~

that many of your estimates you have put down your own salary

A. I know that everybody knew that my salary came out of that

amount. It was so small, sir, that I was ashamed to put it down.

103G

Q. Don't you consider that a pretty good salary for your labor?

A. I do not.







t o Qt.a kDeo n~' t

lyaoru~et

hink there plantation

are many men who and SUJ?erintend i

would be t at that

swailllia~

A .. I don t t)J,.mk ~hey w~mld. It 1s .altogether different from

ordmary farmmg; 1t reqmres you to be on time always to take

advantage of the seasons. It is hard on the land. The labor

I use is patients-demented persons-and they hoe half of the

grass and leave the other half. Often in wet weather it gets in

grass I can

very much. The hoe labor is done by several present testimony to show that it is very poor

plaabtioern. tsi

and can

show that in the years that I have superintended the garden and

farm we have had seven or eight principal crops which were

intrinsically worth every dollar put on them. I cannot take

the exact measurement of everything. If I have a certain field

in onions and peas, I have to dig and measure a part and make

an estimate. I h~ve never said these were exact figures; most

of them were estimate~, though some of them were not estimates.

I have to estimate in making a report in October, because we have

not dug the crop.

Q. Your salary never went into that estimate'? A. It was all

new and I didn't put it dowu the last year.

:\IR. Whitfield: I wish it to go on record that the Trustees of

the institution object to any opinion being testified to by any of

the witnesses as to whether five or ten Trustees would be suftl-

cient, on the ground that such testimony is unauthorized by the

resolution; and we request that all opinions as to that, given by

the witnesses, be expunged from the record.

The committee deeidcd to allow the testimony on this subject

to stand.

DR. T. 0. PO\VELL, Superintendent, sworn.

(Examined by l\Ir. Arnheim.)

I have been Superintendent of this institution since 1879; I have

been connected with this institution since August, 1862.

Q. \Vhen a patient is received, the only history of the case

you receive is from the party who been Rome physician attending the

brings him? A. If case we frequently

twhen~teeh!a0s

him. If it is an imperfect case ami we have our doubts ahout 1t,

we frequently write to the physician or the family. They are

often brought here by the sheriff" or some person who knows

nothing of the history of the case.

.

.

Q. 'l'he history you obtain of them 1s. kept m a record book

ealled "The History of. the Cases'.'" A. 1: es; some of them we do

not get a satisfactory history of anywhere.

.

Q. Yon do not get the evidence taken down at tl.le comm1tme~t

trial? A. K o; we get the legal commitment, w1thout the evl

dence taken down o11 the trial.

Q. \Vould it not be better to have that'? A. \Ve would be fur-

nished a better historv hut there are many cases

family themselves are there is a hereditary

i'oth to give the tendency, and

vheirsytoroyf,t~wn htehree

ffowar~h1ielnrsyetawtnh~ileel

rt'gard it as an idiosyncrasy. Even with ~he h1story f'-!rmshed by

the evidence taken at the commitment tnal, although 1t would be

letter to have it, it would be often impossible to get a correct

history.

..

.

WEDXF.SD-A "\\J).~T0B~R i9, 1887.

1537

.

'

~

Q. Is it not true th!l;t a ~Teat ma!}y ?f the in!llll:tes are wai\~

and estrays, just gathered m the cou~t1es, a rn.a.Jonty of them.

A. Not a majority, but a good '?any. rhey are Just taken up and the reason given why they thmk they are 1.!-nsound.. Th~re. are certain questions which we .send to e~c~ o.rdm~ry, and whrch ~ve

request to have answered, and all the mformatron they can grve

sent to us with the patient.

.

Q. Do they send it'? A. Oh no, you cannot make them do It.

I usually put the question i~ my.Report, so as to g~t not. only the

exciting cause but the predisposmg cause of the mfl!:tmty. 1' ou

will find in the Report of 188(}, page 3(}, the questions tJ be pro-

pounded. But the ordinaries lose the Reports, or lay them aside

and do not look at them again.

.

Q. When the inmate arrives you receive him'? A. Xot always;

some of the physicians receive the patient and we get the best

history we can.

Q. What examination does the patient undergo then'? A. He

does not undergo an examination just then; it would not be

advisable in most cases. I state to the physician thl history of

the case; he looks at the record and examines the case. In some

few cases where we haYe doubt about the insanity we examine

them just at the time; but under a state of excitement you could

not make a satisfactory examination, and if it were a ease of

periodical insanity the examination would not amount to a great

deal.

Q. The patient is assigned to the ward the physician thinks

proper? A. In geting at this history we endeavor to ascertain

and we ask whether the ease is a suicidal, or whether there are

suicidal manifestations. In case it is ;;uicidal case the nurse is

warned immediately. If it is a strong suicidal case we have some

one to sit up with the patient. If it is simply a case of melan-

cholia with no decided tendency to suicide, we caution the atten

dant and the night watch to notice them closely and see if there

are any indications.

Q. After they are assigned to their ward,.; you then assign them

to the physician in charge, and you have a general supervision of

all of them'/ A. Yes, I haye a general supervisiou of everything.

He reports to me the condition of the patient. He reports to me two or th~ee times a day anyway about the condition of the hall,

and especially about those new eases. \Ve have a lady in here

now who has been here about two weeks, under no speeial treat-

ment, but we have been watching movement-matron, physician and

haettrevnedraynetl-otoseslye~

and the

minaneivfee~rv

tations. She has not yet made any dear manifestation in aecord-

ance with the history of the ease. Such cases we have frequently and we have to _notice for some time, and it may not make i"t~

appearance until at the monthly <li;;charge, the catamenial discharge .

. Q. 'rhes~ are speeial or peculiar manifcstiom; that do not oceur

m the ordmary run of cases'? A. Yes. There are cases where WP are m~re particular, and where we eannot get a dear alHl satisfa('!<>~Y history of the patient. \Vhere we can and we are satisfied It I~ an intelligent history, and are satisfied from the fir,.;t obser-

voafti~Ohne

that there is case, there

no doubt about that being a correet is not such care and attention pai<l

historv to tlle

patients, so far as indications are concerned.

Q. What is rour rule as to physician's rounds? A. 'rhey must

make a regular round every day and the other round may Jw

9T

1538

JouRNAL OF THE HonsE.

irregula!. Some days :"e are crowd~d all day long, even on Sun-

days, with people commg from a distance to see relatives or to

enquire about them; and in such cases, where we know that the

patients are well and that there is no necessity to go to them all

of which we can ascertain from the reports of the matron 0; the attendants, there may be a ward or two in which the rounds are

not made with the same regularity. The attendants are required

to I:eport p;omptly _any sickness. or irregularity in the ward. The

mam reqmrement IH that one round a day shall be made regularly

and more than one is made irregularly.

'

Q. 'fhe ot~er visits are as they are called upon by the attend-

ants"? A. ::So, not always that, but there must he other irregular

visits. I want the staff, the officers and the matron to go through

the wards at irregular times when they are not expected. 'fhere

must be a regular round ir: which they go and see that the house

is not only in order, but that patients are getting on nicely and they must giYe the attendants a certain time to get the ho~se in

order. The attendants must know when that round takes place an<l be rea<ly to go arouud with the physicians. But there ar~

irregular round;,; at night, in the afternoon,, and at irregular houl'l!

that they are expected to make, from the fact that we want to go

on the wards frequently when none of the attendants are expect-

ing us.

<.{. There are certain medicines left in the halls called "hall

Inedicines" are there not:' A. Yes ; we have various medicines

in the halls.

Q. There are certain medicines such as bromides, etc., that the

attendants are permitted to administer without special instruc

tions from the physieiaus '? A. Only on condition, and under

general instructions. The bromide would be given under general

instructions; if the patients were suffering with anything lilte a

lit~le nervousJH"ss, we would direct that they might give a certain

amount of bromide. But when it comE's to anything likehypnot-

ies or opiates, they are not allowed to give them without the

direetions of the physicians. And the night-watches are not

allowed to do it either, unless given under general instructions.

For instance, we might have a chronic case; a man might he nerv-

ous, and in such case we direct the night-watch to give him a

dose of bromide at a eertain time. If he gets restless it is given to

dhiirme~tbiountsgfernoemratlhlye

they are not allowed physieian in charge,

to or

give if he

it without special is not there, some

other.

Q.. The diet in the morning consists of beef-hash, hominy, coffee,

an<l two or three of these machine biscuits; that is about the gen-

eral breakfast is it not? A. \Vel! they have as much corn bread

as they want'; and the instructions are that if anything is. not

sufficient it is the duty of the attendant to go directly to the kitch

en and get more, and if he fails to get it, it is his duty to report

promptly to the assistant phyKician in charge or to the sup~rvisor.

In the winter seaKon we have mackerel, cheese and a vanety of

other things, and sometimes mutton. This is not the daily diet

though.

.

Q. The diet I have stated is the general diet? A. Yes; m the

tish season we have fish two or three times a week for dinner, and

we have mackerel and occasionally mutton. That is not the gen

eral thing. Then we have a sick diet, which depends entirely

on the condition of the patient.

.

Q. For dinner the usual, ordinary meal is boiled beef, rwe1 vege tahles, soup and bread? A. Yes; sometimes they have oacon.

WEDNESDAY, OcTOBFJR 19, 1887.

1539

-The best way to get at ~he_d~et is to go over the issues and see the

amount issued to each md1v1dual. . . .

.

Q. We are satisfied about the thmgs Issued; we _simply want to

get at the nature of the diet. At supper they get hght bread, but-

ter syrup, coffee or tea? A. That depends largely upon the class

ofQ}.>aItsieinttsn.ot the customary rule that these loaves are cut m. to th~e parts and that that is a scant and insufficient. allowance : A No sir; the rule is that when anything is short they must go a~d get m~re; the attendants are required ~o do tha~. I. don't know how many parts they may cut th~ loafmt_o; the 1dea IS ~h~t thPy take this loaf and cut it up, and If there IS not enough It IS
the dutv of the attendants to go back and rlraw more. That is the

general"instruction.

Q. The diet I have mentioned is the genera} diet of the institu-

tion except for meals ~nd extra pl~t~s. '? A. 1" es. . .

Q. Sick meals are given ou reqms1tiOns and prescl'lptwns of the

doctor? A. Yes, they prescribe anything we can get.

Q. Would it not be advisable to have a greater variety of food

than the patients now get"? Is it not true that the food has a

great deal to do with the condition of the blood and hence with

the condition of the brain? A. 'I'here is not a particle of question

about that. But you must not lose sight of the fact that there is

a large number of those people that eat mechanically ; there are

a great many things they can eat and ought not to eat. The only

vegetable that will suit all classes of patients is the sweet potato.

~. Has there not been a scarcity of sweet potatoes'? A. There

has been this year; our garden has nut furnished us a large supply.

Q. \Vould it not be advisable ur proper to make a distinction

between animal and vegetable food with different classes of

patients~ Would not meat be hurtful to some and vegetables to

others, and the one beneficial to ~>ome while hurtful to others'?

A. Yes; but as 11 rule there are very few vegetables that will suit

the whole house; for instance, corn. A great many patients eat

mechanically and swallow the whole thing down. As to sweet

potatoes it makes little difference whether they chew them or

not; the Irish potato is a different thing altogether.

Q. The impression on my mind has been that there was not a

sufficient diversity of food and that it was not administered with

a view to its adaptability to the individual patient or to a particu-

lar class of patients? A. I will r;ay that the administration of the

food depends entirely on the condition of the patient; we have

some patients to whom for two or three months we give nothing

but beef tea.

~

Q. ~ grant that your sick may be well attended to, but I am

speakmg ?f the general class of patients, as to the variety of food

and the glVlng of food suited to their condition? A. I think we ought t~ be the judges as to what food is suited to their condition.

~. Is It not true that to those who have no bodily ills you "'ive the same food throughout the institution"? The same food se~ms t~ be .given f!'om one end of the year to the other with but little divers~ty. A. Beef is the prineipal food, and you could not find

anythmg better, unless mutton, for the insane. We use bacon

too. As a general diet I know it would not do as well as beef or

mutton. Q. The

qIfuawl.ietycoouf lfdoogdettm~euitntmonatIesshgoeutlids

be glad coarse,

to have coarsely

it. cooked

and not very. palatable; IS that not true? Is it not what you

would denommate .coarse food? A. Yes, plain and substantial.

Q. It would reqmre a great deal of care to cook this food prop-

1540

.TouicXAL Ol' THE Homw.

erly, one kitchen doing the cooking for nine hundred people" A

Yes, it would require a great deal of care.

'

Q. Could vou not get dried prunes, dried apples etc. and va

the diet and give to patients diet most suited to' the 'particulZ

class or individual with scarcely any more expense? A. I don't

know about the expense. I question that. Even if you were to

get those ~hings there is a large. class who would not eat them. If'

I were gomg to change the diet I should insist on mutton and

there are certain classes of patients whom prunes and apples

would suit Yery well, but there are. other classes you could not

give them to Yery well. Beans would be a good diet for a large

class-almost any kind of beans. It would be a capital diet dur-

ing the winter. I woulu be glad to have it so that we could get

mutton two or three, or three or four times a week, anyhow.

Q. Is it not true that the physical condition of the man is after

all the basis of the mind? A. 'fhe physical condition of the man

of course, bas a great deal to do with it.

1

Q. And hence a dietic or hygienic treatment is of considerable

importance in the treatment of the insane'? A. That would

depend largely upon the nature of the disease. Take a person

suffering from acute congestion, and you might say in almost a

eonstant mental and muscular excitement. Of course there is an

enemie condition of the brain, and you could not treat that case,

perhaps, as you would others. \Ve have a case now where the

patient is suffering from congestion, and she needs an entirely

different diet, but if you find a ease that is enemic and going

dowiJ, that cas needs nourishing.



Q. In cases of general derangement, suffering from dementia or

partial insanity, would not the dietic treatment be of vast import-

ance'? A. In this sort of cases you would pErhaps have to give a

liquid form of nourishment, perhaps mush, or hominy, milk, beef

tea, soup, etc.

Q. If the bodily condition of the patient has a great deal to do

with his mental derangement, would not proper dietic tre~tment

be necessary and ought it not to be studied in each case'? A. Yes,

but you would have to classify them more.

Q. 'l'hat is not done in this institution'! A. 'rhey are classified

pretty well now.

.

Q. But you follow this general vlan except for such as are siCk

or specially ailing, and who get speeial plates'? A. Yes. There

are certain things for breakfast and others for dinner and supper;

but you lm;e sight of one fact-that is, that when a physician goes

around and finds a patient in the condition you speak of he .pre-

seribes for him a special diet to suit his condition. There IS an

order made or a prescription giYen that the patient shall have eggs

or other special nourishment according to his capacity. ~hat

applies to any case in which the physician thinks th!J-t a patient

needs so and so. He can prescribe or order anythmg for that

patient, whether he is suffering from diarrhcea, dysentery, pneu-

monht or anything else. (~. Is not the proportion of extra plates very small.as compa~ed

with the general plates'? A. Mr. \Vhatley could furmsh you With

the number.

Q. 'Vha.tever the average is, the balance of the patients get along on the food provided by the r~gular ~~le?. A. Yes; but there i;; no patient, I don't care what his conditio!lls, wheth~r.he

is sick with any physical trouble or n~t, who, If ~he physiCian

thinks he needs so and o, has not the nght to get It; he has the

right and the physician does prescribe a diet for him.



Q. 'r see that the patients are all supplied with coffee and tea at

WEDNESDAY, OcTOBER 19, 1887.

1541

the different meals; are not coffee and tea in the_ natu_re ?f I?ar cotics, and would they be advisable for all the patients mdu.;c~m1 inately suffering as they do from mental troubles and affectwns

of the brain? A. You must never lose sight of the former tastes and habits of the patient~; they _must be consider_ed. If the
m-ad patient bas been in the habit of takmg tea or coffee, It would be vised to withdraw it; so we give tea and coffee throughout

the house and on the male side we give some tobacco; and formerly they ~sed tobacco pretty much throughout !he entire bouse, but we have reduced that down, and we do not Issue any now to

the female department.

.

Q. Do the females use tobacco, too? A. They formerly did ; a

large number of them did. I have for many years been a great

smoker. I would not stop entirely. I might stop gradually, but

I would not think of stopping entirely; I would be afraid to do it. Q. Tea and coffee are issued to all alike, except when they are

sick and then the doctor may prescribe milk? A. The effect is

not 'detrimental from the amount they take-not at all; but it would be very damaging not to give it to them where they have

been in the habit of taking it. There are very few of our people

who drink tea compared with the large number we have here.

Q. The recreations you have for your inmates are the musical

and literary entertainments and dances once a week for those who

are able to attend? A. "\Ve have a dance once a week, and we frequently have dances twice a week or oftener; and then we have

reading and musical entertainments, and occasionally a theatrical entertainment.
Q. Is it not true that that applies only to the. better class of

patients'? A. These entertainments are for the class of patients whose condition will justify it, esp~ially for those who are recov-

ing, and for chronic cases who have recovered far enough to be

benefited by that class of amusements. There is a large number,

of course, who could not enjoy any amusements at all, and their

diversion is work, if we can get them to eugage in it. Of course

there is no force about it, but we encourage them.

Q. What work do the white inmates do, if any? A. "\Ve have a number-I can not say what number-who work outside. Those

who were in the habit of working before they carne here, mainly

labor in the garden; they assist about the wards, about the meals and do anything that may come to hand. Those who can b~

allowed to go ou't have an enclosed yard where they go and are

under the care of an attendant.



Q. The greater number of your inmates are not fit to engage ill ~his? A. Frequently they may do so for months, and then get amg~ama. paroxysm, and it may be a month before they can enjoy it
Q. ~h~re are only a limited number who can participate in this'? A. It Is Irregular with them; but there are quite a large number

of course, the moral

twrehaotici_o~uenltd

not enjoy anything of that ?f the insane is the most

kiimn pd .o r tOa nf tcotureraste~'

ment, and espectally m curable cases. These diversions brPak the

monotony of asylum life.

.

~eQbs.;e.mTwghheeanboelnevl~ytordwtihvoeerrkwsioeouantthtuhenerdibesarsltuahinetcasebulopef.ertvhTieshieporanetoiaefrneattast

have consists
endants'? A. largt> number

ytou can n~t divert at all; dementia and melancholia are organic

roubles With them.

1nQe. nItferIta~mndmeresnttsanfdorytohuosceorwrehcotl

y, the moral are capable

treatment consists of participating in

1542

JouRNAL oF .rnE Hm:sE.

diversions-the better class of patients, and exercise under the care o~ att~ndants for those who are more afflicted mentally? A. The

dtverswns are for all, whenever they begin to recover or whenever

it is at all compatible with their condition and they can enjoy

those amusements. It may be that for months they can enjoy

them, and perhaps there may be a month or so at a time when

they cannot.

Q. \Vhat diversion is provided and what is done to break the

monotony of life of those who are in such condition that they

cannot attend those amusements, except to take them out for exer-

cise under the charge of attendants? A. They are encouraged to

engage in some kind of work, if possible. There are some that

you cannot divert in anyway; it is impossible. 'l'here is nothing

that attracts their attention at all. All that can be diverted have

some diversion ; every man whose condition will justify it. How

can you divert those who cannot be diverted?

Q. Has ~cience devised no means to attract the attention or

divert the mind or llreak the monotonv of life of a man in the

condition you describe? A. with that class of chronic eases

there is nothing of the kind that could be done, unless you had a

special attendant for eYery one or two or tl11'e<'. As to curing that

class it depends almost entire]~ upon the duration of the attack;

recovery from insanity hears almost a direct ratio to the duration

of the attacl;;.

Q. You mean before tlwy are sent here? A. It doesn't make

any difference, before they a1 e sent here or any time. If a patient

comes here who has been in such a condition four or five years, or

eighteen months or two years, unless I knew it was due to some

physical cause and to no organic trouble. I would not be justified

in giving the family any enc.,.ragement whatever; while t~ere

are a few cases that recover the per cent. is so small as not to JUs-

tify hopes of recovery. \Ye occasionally have a case where a.

patient has lleen insane for eight or ten or fifteen years and

recovers, bnt such cases are very rare.

It is one of the most important features in the treatment of the

insane to have an eye to their former tasteRand habits; and when

ever you lose sight of that your treatment is defective, and woe-

fully defective. For instance, if you were to bring an individual

into the building who is uneducated, aPd place that individual

with a elass of educated gentlemen, it would have a very baneful

effect on both classes, both the educated and the uneducated. In classifying those people, if you can do it properly, there is a dive~ sion right there; they will get up some diversion among the~

><elves, and if they cannot lle diverted in one way they may be m

another, perhaps with draughts, cards, etc. There is an interme-

diate class; and there is another that you cannot divert in any

way.

Q. Are not the inmates confined rather indiscriminately, except as to chronic cases and cases of the very worst kind, som~ epilep-

tics being in every ward, some mild, some more or less wild, etc.,

in the same

tplaetmieannt~

hut wh

ward? who is

A. Take an epileptic who is an at times dangerous, he is placed

wedituhcaatecdlag~eno-f

o are congenial; every man is placed with those w1th

whom he can be most congenial. Provided it is safe, we put meu

of a Q.

better grade of intelligence or education Is it not true that you only attempt in a

tmoeg~estuhreer..

to

, classtfy?

A. I think we have as perfect a. system of classtficatwn as they

have any where. In the first place, we eonsider first t.he natural

tendency of the patient, his former habits an<l tastes; m the next

'VEDNESDAY, OcTOBER 19, 1887.

1543

lace his mental condition; Xition is such that we canno

tapnudti~f .Itmh awt .iitnhdai; vcild~susaol 'fs

m~ntal patients

conalto-

gether such as hP was in the habit of ass<?cmtmg With former~y,

we do the best we can in that particular. \Ve put h1m

with a class of patients two-thirds of whom are perhaps

Wueiect laasnsidfyot hr deemr l yt~gaentdheraas c cmour dcihn gsot o

as that patient himself is. their mental condition and

their former tastes and habits. Sometimes we get crowded ~nd

have a vacant room in this part of the house, and put the patient

there for a while but as soon as we possibly can, we put him with

a class of patients more congenial to him. \Ve have, of c.ourse,

epileptics scattered through the hall~, but w.hen one gets mto a

paroxysmal condition we may remove the pat~ent to another ward,

and when he gets in a lucid interval we may take him back,

and by that means get classification. Y..! e think it is very

good ourselves. If you can get at any better classification

than that I would like to have it. If a gentleman were

brought here and it appeared that he was a very boisterous and

dangerous individual and disposd to keep in a constant state of

nudity, I might not put him with a class of persons he was in the

habit of associating with formerly; but as soon as that gentleman

began to improve, or his c-ondition would justify, we would

remow him into a ward in which his surroundings would be Yery

much like his former surroundings, as nearly as possible. And,

if he were not in a condition to draw on funds at home, I would

not hesitate for a moment, if I found he was depressed from the

fact that he could not dress as genteelly as others, to prescribe a

better suit of clothes. \Ve frequently do that; of course, not so

frequently either, but there arc such instances. For instance,

the other day a patient here-tqe gentleman who was in here a

few moments ago, was very much depressed on that account, and

I could see it was having a bad effect upon him; he had had dif-

ferent clothing at home. He had no means himself, and I ordered

that man a different suit of clothing. That might not be consid-

ered exactly right, but I wish it understood that I regard that as

a part of the treatment, and it would not be following the die-

tates of humanity if I did not do that. In classifying our

patients, we take all such things into consideration.



Q. If a patient of the character you described -a man in a bois-

terous, unmanageable condition-were to come here, what kind

of treatment, in addition to medical treatment and ordinary food, ~owld you give him? A. Possibly I would give that mai1 noth-

mg but be~f-tea and milk for some time, and might give it to him

throng~ h1s nose. If a man came here and we felt that he ought

to be VIgorously nourished, we would nourish him: if we felt that

he sh~mld have a certain diet, a milk diet, or hominy, or beef-tea,

O! ?hJCken, we would give him that. If he is in an en ernie con-

di~IOn we nourish him the very best way we can, regardless of

pnce of a!lything. Whenever the physician thinks a different dl~t ls.desuable for the patient from the diet regularly furnished,

it IS h1s duty to prescribe it. We regard the physi<:al and mental

troubles of the patient both.

. Q. Wh~I~ a patient is received into the in;;titution is there any

rule reqmrmg a conference of the physicians aR to his condition"?

thaThe medical staff confers with me every day, although lately

, ve not been able to do much of anything. ~. Is there any rule requiring the medical staff to come to"'ether

and consult ab.out the condition of the patients".' A. The physi-

cians confer With me every day as to the condition of their wards,

JouRNAL oF TH.E HousE.

their patients and everything connected with their departments If there i~ a _case that we feel we ought to have a conference on

we have It, If not we do not, that is, I mean, a general conference.

Q. 'I'he report they make is as they think the condition of their

patients or the contingencies of the ward damands it and it is
to lodged in their breasts to make 1'\Uch report as they se~ fit with-
out any order? A. 'l'hey are required to report in regard their departments every day.

Q. \Vhat records do they keep in regard to the patient in addition t<? tl~e first histor;y of the patient? A. In the first' place all

prescnptwns are filed m the apothecary shop, and if there is an ~xtraordinary case they keep a record of it, but as to their keep-

mg a case book now, that would be an utter impossibility. Each

and every officer here has his entire time engaged, and has uo

time even to look after private matters. It is a hard life it is certainly not a luxurious life, espeeially when you have a c~uple

of legislative committee~'\ here at the same time.

There is a legit;lature every two years, and there are about three

comlllittees during that two years to see if the thirty-five cents

per head per patient is spent right-with all due respect to your

honorable bodv.

The physicians are com;tantly engaged, mentally or in some

other way. 'l'he mental anxiety here is constant.



Q. You say you require of your physicians one daily regular

round'? A. Yes.

Q. That daily round, according to the tel'ltimony, occupies not

exceeding two hours? A. That must be a mistake. I frequently

leaYe my office a little after eight o'clock in the morning, and go

through the female department, and do not get back to this part

of the lmilding until baout one o'clock. In addition to the reg-

ular daily round, the physicians are constantly in the hall during

the day, and may be half a dozen or more times during the night.

Q. HaYe you any documentary evidence to show when they

go on their regular rounds except to attend to the sick? A. There

is no record kept as to bow often. They may have to go to see

their patients half a dozen times, irregular times, during the day

or night.

(~. -~-\.ttendantR testify that the time occupied by the physicians

ou their rounds would not exceed two and a half, or three or four hours a day~ A. I would like you to call on the assistant physi-

cians as to that.

Q. Is it not true that the work required of your assistant p?ysi-

eians is not any harder than that of men in ordinary avocatiOns?

A. It is harder. I don't think that any class ol people on the face

of the earth can ha,e the constant mental anxiety that there is

'about an insane al'lylum, provided the men in charge are conscien-

tiouR men.

Q. \Yhcn you selected your sta1r you took general practition-

ers? A. Yes. Q. They were not specialists? A. They are speciali~ts ~ow.

Q. Eaeh of tlwse physicians deals with all the physteal Ills and

mental derangement:-; that men are heir to? A. Yes.

Q. A physician here with 400 patients under his charge would

deal with till the ills human flesh is heir to in addition to mental

dlrangementH? A. Not with all; because I do not think that the im<ane are so susceptible to some diseases, wh~le they are more

:-;usceptible to others. ~'e do not have obstetncal cases-occa

sionally we haYe had, but rarely.

WEDNESDAY, OcTOBER 19, 1887.

1545

Q. What do you term physicia~s ":'ho make a speci~lty of th.e treatment of the insane? A. Ahe~1sts and neur?log1sts, physicians who make a specialty of insam~y and neuroti? ~rou~les. .

Q Is there any training that you give these physicmns m their

various departments, or is it just obtained by experience? -:\

There is a regard to

smpeecnitaalltrtarionuibnlg~sofancdourtshee.

\Ve consult and confer m different clas.ses of mental

troubles and the physicians learn from observatiOn and constant co~tact with the hallucinations and delusions of these people that indicate certain things. But there a~e very few people

qualified in every particular to take up a specmlty such as msanity. It requires a peculiar temperament, almo~t a natural taste

or tendency for the surroundings of an insane asylum.

Q. Your last report says" there have been discharged, restored,

100 out with the

odfi1s~1h6a0;gneos tfqroumiteo1th0 eprerascyelnutm. "s?

How does A. Very

that compare favorably. I

stated that recovery from insanity bears almost a direct ratio to

its duration. A number of patients have been here for twenty

and thirty years, chronic cases. You must estimate the per cent.

from the number of patients you receive, not from the whole

number you have on hand. If I receive this year 201_1 patients,

125 of whom are acute cases, I can tell when I see their records

within eight or ten of the number that will recover, provided their

histories are correct; out of the 125 acute eases, 75 or 80 might

stand a chance of recovery ; some might die from exhaustion ;

some might have some organic trouble from the beginning ; if they

are chronic cases thev are not curable. The recoveries must be

estimated in relation' to the number received during the year.

Q. (By Dr. Kenan.) You do not exclude chronic cases from the

possibility of recovery'? A. I do not say anything about the pos-

sibility; I say the per cent. is so small that we would not be justi-

fied in encouraging their relatives and friends to entertain hopes

of their recovery. ~uppose 200 patients are received in a year, out

of that 200 there are say 50 or GO acute eases, persons who have

been insane for only a short period-for a week or six or eight

weeks, the per cent. of recoveries would be out of that 50 or GO-

perhaps from thirty to forty. I do not say all would go out of the

institution in the same year.



Q. ~rom your report I see that last year you had under treat-

ment 4.62 colored people, male and female, and of that number 28

were discharged restored. 'rhese colored patients have been here

but a comparatively short time'? A. We have been receiving col-

ored patients since 18Gi. A large number of them are chronic are epileptics or cases of senile imbecility. Ifafter twelve month~ t~ere are no signs of improvement we would be justified in puttmg down the case as chronic.

Q. There are no diversions for the negro department except

o~ountd'tookrnwoworwk hanadt

exercise under the charge sort of diversion to give

of attendants'? the negro. l s

A. I hould

hke to know. In religious diversions there would be too much om~efh~tfPearli~?eaCfn?ipdraelmhtuehsm.ccaugmlafeorrientxhtcoeitmtehme; eminnyts.toitb\uVsteierovnma;tuilsotnthchionankssildbaeebreonrhitishs ahatabbtohiutest

t thmg for the negro is to get him to work.

thQ. te

lYauonudwr~o-rckobmpuat rfaetwJ.voefltyhemfe'w?.

A. \Ve work some of them at It would take one or two

tetendants for a dozen to carry them out, and then it might not

, satfe. I don't know what diver:;ion you would "'ive the neO'ro

ew o them have education.

'?

"

'

1546

JouRNAL OF THE HousE.

Q. What about the supply of reading matter in the white

department? A. That is deficient. We ought to have a library
\Ve t~ke .some papers, and there are a good many that are sent J:jy
contl'!butwn.

Q. Do you think it would be a desirable addition if you got a library? A. It would, no doubt.

Q. Do you not think the trustees could supply that if they

have $30,000 saved in the State Treasury-two months supply

unexpended"? A. I don't know what they might say about that

Yes, I think we might do that.

'

Q. \Yha~ co?nection have you with the financial management

of the mstitutwn? A. I only have a general supervision. That

comes more under the management of the trustees. I am required

to make such reports and recommendations as I think advisable

to the Board of Trustees, which they may incorporate in their

report to the General AHsembly.



Q. Has not the average expenditure on this institution been

about $2.50,000 a year since you have been its Superintendent, or

more than that, perhaps? A. I cannot say as to that. I could

not tell without going over the books what the improvements

amount to.



Q. Do you not think it is right and proper that the Legislature

should supervise such large expenditures of money, and should

look after it carefully and scrupulously'? A. Of course, I think the

Legislature should look after it.

Q. And is it not true that there is lesH supervision here than in

any other large department of the government, where considera-

ble amounts are expended ? A. No, I do not think so.

Q. All you have to contend with is an occasional investigation

by the Legislature~ A. Yes; but they have a committee who

eome down every year to see the wants and necessities of the insti-

tution, and the expenditures are reported every month to the

Executive Department. You will find everything there. Every-

thing is ;,ent up monthly; it is ob><erved. I suppose; they look

over it and note it.

Q. It has been reported to the committee that the Assistant

Steward, i\fr. Hollinshead, has freqtwntly used the State hands

and wagons in doing work for himHelf; have you any knowledge

of that? A. I have never beard anything as to that. I know Mr.

Hollinshead to be an honest man. I guarantee that if the hands

luwe worked for i\Ir. Hollinshead he has paid for them.

Q. :--lome of tlw vdtnesses have testified that there was work

done at the asylum for parties outside, such as the fixing. of

machinery, cutting of pipes, etc.'! A. Refore there was a machme shop in ~1illedgedlle, where they could have that work don.e,

and when it would not interfere with- the work of the aHylum, m

case of emergency, sueh as the breaking of a man's machine, etc.,

we allowed that done; but they were charged full price for the

work. But there is a machine Hhop in Milledgeville now and

nothing of the kind is done here.

.

.

Q. There have been charges against i\Ir. West; 1s there anythmg

you desire to say on the subject? A. I would prefer that those l[ttestious should be answered by others. When Mr. W~st first

came to this institution he was in no ways connected with me. He was recommended by other officers of the instit!ltion an~ was
not recommended by me ; for I did not know sufficwnt of him to

do so. His connection with me commenced since he has been in

the institution. Q. Do you desire to say anything in regard to the charges

WEDNESDAY, OcTOBER 19, 1887.

1547

again~t Dr. Whitaker, that he was seen intoxicated o~ different occasions? A. I cannot believe a word of. th~t. It _1s true that before he (.arne here he was, perhaps, a pe~lOdiCal dnnker-so I heard; but he is a high-toned gentleman, m ev~ry sense of ~he

word strictly reliable. If there has been anythmg of _the kmd

since'he has been in the institution I have never seen 1t; and I am confident that if he got drunk he would come ~o me and tell

me about it. He is as free from anything of the kmd as any ~mn

I know of; he is strictly a temperance man and a very consCien-

tious man.

..

. . ,,

Q. Do you know anythmg m regard to h1s usmg State s em-

ployees to do work for him? A. No, sir; I never heard of such a

thing. There are quite a number who work out at lar~e, and

some of those people we allow to do a little work for parties that
pay them there is no objection to that at all.

Q. And 'you allow them to retain that money ? A. Yes, to buy

any little extras they want themselves. I rather encourage_ that

than otherwise. He might perhaps have gotten some patients.

I don't know that he even did that; I know if he did there was nothing wrong about it.

Q. Do you know anything in regard to the charges made against

this man Speights? A. I heard something of it yesterday. I have known that boy eighteen or twenty year~; I could not say definitely how long; and if we have an honest negro about the

institution, I think that man is. He used to be the scaYenger,

and cleaned up about the buildings, and if he found jewelry that

was thrown out, valuable rings, or anything of the kind, he would return them to the officers.

As to carrying off wood and Helling it, I neYer heard such a

charge as that before, except as to one individual here. I hear<l

such a charge about l\Iosely once, but we could not get it in a tangible way.

If I am not out of order, I woul!l like to say that I think it

would be a good thing for this institution if we had a police power, enabling us to arrest any one caught in the commission of such offense as theft, or trespass on the grounds of the in~titution.

Col. \Vhittle spoke of it before his death. \Ve frequently have hogs, and people will steal from a publie institution, when they

will not from private parties. If we do not catch them right in

the act, we have no power to keep them out. \Ve have lost a

good deal t_hat waJ:". You find that an employee is totally unfit

for the duties reqmred of him at the asylum, and discharge him;

but he hangs around after he is <lischarged ; and such a man

might set fire to the institution or steal something.

f~rQs. t\Wah'1:ls1gM?oseAl.y

ever Yes;

discharged an<l I am

by to

any officer 0f the institution blame, and no one else, for

h1s bemg re-employed. He had quite a large family. He joined

the church, and I thought the man hall changed. He came to

me and told to get back

me, "Doctor, I know to the institution; I

I have <lone don't want

a\nVyrmpw~y;buIt

I want simply

want. to redeem my character; I am going to live better." I

hteto~1nemq~rueewtuw~emeadrstoeoaftrthaehefgerooerohmwdoauomtsuieoal,dnnaybinneldintvhowientagemnmataspnrt,otaouatninodddno.IhiitmeHon~eocwaelnouduedvsetedtahrnIyetyWloyntowhcuoeladunigttnerhydat

Whlle. It has not been a month since he wanted to be employed in the house; and I said it would be injustice to him to put him

where there was any temptation, with such a tendency as he had,

and I began to lose my eo1: fidence in his reformation. I put him

15-!8

JouRNAL OF THE HousE.

in the cemetery and in the garden with l\Ir. Cook. Mr. Cook was

satisfied that Mosely was stealing, and objected to his going in the

garden at all. \Vhile he could not prove it on him he was satis-

_fied _he was ,;tealing_little things, such things as he could carry off

m h1s hands. I thmk probably when he was discharO'ed from

here he was discharged for stealing a box of nails they were

missing the nails, and he would carry off a box at a' time. Mr.

Brown, who was Rteward at the time, caught him, and on account

of hil" family they did not prosecute the fellow; and if the fellow

had reformed, which I was Yery much in hopes he had, I wanted

to redeem him, and I was feeling satisfied that he had reformed

but lately I am inclined to think he did not.

'

I am very much interested in obtaining the police power I spoke

of. People will break down fenceH, break in and get hogs and

cattle, and we cannot keep them out. They will take wood and

various things. It is a constant source of trouble and anxiety.

Q. How much time does it take l\Ir. Cook, the gardener, to

attend to his duties"? A. I should think it would take all of his

time.

Q. Isn't he at his house a great deal"? A. He has had a good

deal of sickne~s in the last two ntus.

Q. Do you wish to state anything in regard to the sobriety of

Dr. i. H. Hall'? A. He is perfectl;v sober; I never saw him drunk

in my life ; he is a man of fi ue character.

In regard to the dutie,; of the physicians, I wish to say this:

\Ve hrwe four assistant physicians, and they will have to look after

l3!Hl or 1310 patients. Some of those nre on furlough, but still are

patients. They have to look not only after the patients, but after

the nurse~, after bedding, requisitions and everything. Rome one

said that we might perhaps dispense with one department here.

crlmt would he almost an utter impossibility, to do justice to these

afflicted. For it is not only the duty of the physician to look after

the sick, uut he has a thousand and one little things to attend to-

sometimes l1is entire time is taken up in making out requisitions.

The physicians have to make out requisitions for clothing, etc.,

to look after bed-clothing and what comes in from the laundry,

and all those matters. Au apothecary is a necessity. We have

not been without an apothecary here Bince I have been at the

institution. The assistant pl!ysician cannot attend to all of his

other duties and do ju,stice to them and the work of the apothe-

cary department besides. A physician does not have to attend to

the sick merel.v, but he may be in the office half the morning

making requisitions. In a large institution like this it is auso-

lutely necessary to have a regular system as to all those things.

Q. (By Dr. Kenan). Do your physicians keel? case books"! A.

I belie\'e that has been answered. Dr. Green formerly kept case

books, two or three, but he abandoned them. They are here no~v.

I told my physicians unless they could be perfectly accurate, I d1d

not want anything put down from memory, but to report every-

thing correctlv, and only to report extraordinary cases.
(~. 'rhere is\w record kept of the post-mortem examinations'!

A. \Ve only make post-mortem examinations where we are Ratis-

fied the family would be perfectly willing to it.

Q. Yon have not made any at all lately? A. Not very recently.

I don't know whether we would be justifiable in it. While we

would like Yerv mueh to do ;;o, it would be a perfect horror 5o the

patients if thej' knew anything about that sort of things.

Q. You htwe furnished us with a list of patients you say ought

to he diseharged '.' A. Yes; sent here under order of court. 1'wo

WEDNESDAY, OcTOBER 19, 1887.

1549

of them I don't think were ever insane; they have not been insane since they have been here; they may have been at home.
(For list of patients here referred to, see Exhibit G., p. -.)
Q. If you have examined the law as to appropriations for the Asylum, you will remember that the Legislature inserted a proviso in regard to the regular appropriations, that no part of this sum should be used for building purposes, the inten. tion being that it should be used only for subsistence and ordinary expenses. Is it not true that the trustees have appropriated part of that money for extraordinary expenses and building purposes, new apparatus, etc.? A. I spoke to GoYernor McDaniel about this provision of the law, and he said that so far as repairing and keeping up the buildings was concerned, this proviso did not apply to that at all. 'fhe trustees have a great deal of repairing to do which they deferred last year on account of not knowing how they would come out. For instance, as you rnay have noticed throughout the institution, many of our tloors need repairing. \Ve would not call additional machinery an extraordinary repair. For instance, in the dead of winter suppose the engineer should report that a boiler out here had given away, and that a new boiler was needed; we couldn't let these people suffer with cold. We would have to put in a new boiler at once, and that would come in under the head of ordinary repairs. So it would be if anything should give out in the kitchen. As to the manner in which the appropriations are expended, the trustees can give you better information on that subject than I can.
Q. You know that there is now in the treasury two months' unexpended appropriation undrawn? A. Yes.
Q. And the amount unexpended on the first of October, the end of your fiscal year, will be in the neighborhood of $30,000 '? A. That will depend entirely on circumstances. Things change, and we cannot tell what is going to occur. Certain repairs, as you can see now, are absolntely necessary. As I have said, 've need new flooring; we need it on this floor, but the trustees have been in the habit of waiting to see their way clear-whether they will be safe in making the repairs. It has been their custom to reserve each year a certain amount for repairs. If you refer back you will find where they have done that. You will find where they reserved, I think, $20,000.
Q. With this undraw11 appropriation on hand, and but one month more to run until the end of the fiscal year, and with none of this money applied to building purposes, could the institution spend more at the utmost than $20,000 from now until the first of October? A. I do not think it could; but it would be impossible for me to tell now what these repairs and other expenseK will amount to.
. Q. We have interrogated the steward and engineer on this subJect, and have been informed that after these buildings have been completed, and these extraordinary repairs, which lmn been a great draft uuon the treasury of the institution, have ceased, it will not require, considering the present condition of the buildings and machinery, more than $8,000 to $10,000 per annum for all ordinary r' pairs; they say that will keep the buildings in good ~epair? A. If you put the buildings in repair, I think probably 1t wm!l!d. I think that is, perhaps, a very fair estimate. I could not say, however.
Another thing we should have is the services of a landscape gardener. I cannot tell what it will cost, but I think we ought to

1550

JouR~AL OF THE HousE.

employ a competent landscape gardener to lay off the grounds in

front of the buildings. Until this is done, and the front arranged

and kept in perfect order, we will not be able to get the full benefit

of the institution. I refer to the grounds in front of the conva-

lescent buildings. You will find that in institutions paying

proper attention to the moral treatment of the patients these

matters are attended to. It would be of help in the moral treat-

ment of the inmates. It might cost $5,000. We would not need

a landscape gardener to personally superintend the work through-

out, because our engineer, Mr. DeSaussure, is fully competent to

carry out the directions of the land~cape gardener. All that

would be necessary would be to give him the plans of the land-

scape gardener, and if it should so happen that we needed the

landscape gardener himself at any time during the progress of the

work, we could send for him. As to what the grading would

cost, I could not pretend to say. .My impression is that the work

would require several thousand dollars. There are eighteen or

t,wenty acres down to that fence (indicating), on which this work

should be done. I would not have any of the trees cut before

getting a landscape gardener. I want to have everything in keep-

ing with the buildings.

Q. Do you not think it would be better to put harmless idiots

in the hospital building than to keep them where they are? A.

I do not think so. The female side, both white and colored, is

filled up, although, by occupying sitting rooms and sleeping out

in the halls, room might be made for Yiolent cases. On the male

side we haYe a numller of rooms, but that does not relieve the

female side ; and in less than thirty days our burden might be

greatly increased. As soon as the different counties knew it, they

would rush in that class, emptying their poor-houses; and the

burden would not only be increased, but curable cases of insanity

would he kept out until they became chronic or incurable, and

lost to their familie,.; and society and to the State, so far as bear-

ing their part of the burden is concerned; and in such cases,

instead of being an expense to the State for fiye or six months

only, as would be the case if they were treated in time, they are

a burden for the remainder of their lives. There is neither

economy or humanity in that. The hospital OYer there would

accommodate possibly about 140. "\Ve will be soon filled here,

and when that contingency arises, our idea is to move over there

a harmless class of cases, and hold these rooms over here for just

such eases as I have been telling about. Q. It has been reported that originally the trustees asked t~e

Legislature for an appropriation for two-story buildings, but m

letting out the contract, without the concurrence of the Legisla-

ture, they commenced the erection of three-story buildings, and

not being able to finish the work with the amount appropriated,

then asked for an additional appropriation? A. If you will notice

the report of the joint committee of the Legislature, which was

here for nine days in 1883, you will find tha:t they recommen?ed

this appropriation. 'fhe trustees started with a two-story bml?-

ing, but they found that buildings of that height would not be m

keeping with this main building, and it would cost no more to

cover a two-story building than a three-story building. They asked for an additional appropriation and got it, and added t~e

other story, this committee having recommended it as you. will

see from their report. Before that they had not reached the sec-

ond story.

.



I am "truly glad to place myself on record in regard to the

\VEDNESDAY, OcTOBER 19, 1887.

1.')51

increase of the board of trustees to ten, as contemplated by the

bill now before the Legislature; for I fully appreciate the ultimat~

rtehsautl~t eaansudrIe.thiInkthIinukndtheersretaanrde

the principal aim and several good objections

object to it :

of in

the first place, it would involve an unnecessary expenditure of

money; in the second place, it would be a large and unwieldy

board, and friction would certainly arise in the course of time ; in

the third place, such a board would bring politics into the insti-

tution. I know perfectly well that if we had trustees scattered

all over the State in ten different districts, it would be utterly

impossible for me to get the board together to transact business

that would frequently occur, and when the presence of a majority

of the board would be needed in a few hours. 'l'o illustrate: sup-

pose a boiler were to give out in very cold weather, and the engi-

neer should report that he could not get the temperature of the

building up to sixty or fifty jegrees, the patients consequently

being compelled to suffer until this matter was attended to, would

it be wise or humane to wait until we could get ten trustees here,

and we would probably never get a majority of then, here oftener

than two or three times a year'? It is impossible for us to foresee

what will happen. \Ve are looking out for something to happen

all the time. There is a mental anxiety as to these matters that

no one outside of the institution can properly appreciate. Tht>

duties of the local board are to go over the accounts and vouchers

every month, to sign all requisitions for moneys, and to send

duplicates to the Executive department of all aecounts and voueh-

ers, etc., and it will be readily seen that ten trustees cannot attend

to that business. And it would be impossible for any trustee in a

year to beoome familiar with the 'vants and necesKities of this

institution.

I have said that another objection would be, that it would bring

the institution into politics; and I would rather see this institu-

tion razed to the ground than see these unfortunates who are here

placed in such a position as that. It would result in changes being

made in the officers and management of the institution for polit-

ical reasons. We might have a good man here, efficient and

attentive to his duties; somebody might go to the next Governor

elected and say: "I have worked hard for your eleetion, and that

man down there has done nothing for you, and I want suc-h and

such a plaee." First one man would be moved, and then another.

The precedent would be established; and after awhile we would get

men here wanting in integrity, capacity and moral eharacter; and

perhaps a number of people would be rmned here before anybody

could cheek it. And it is conceded by all alienists and neurolog-

ists in the United States and Europe that an institution placed in

such a position as that is ruined. It would be better to turn the

unfortunates out.

Q. (By Dr. Kenan.) Did you ever send anybody out to cleetion-

eer or take part in politics'? A. I have electioneered very hard

on two occasions, and if I had had the time, I would have done a

great and I

deal was

more. I did so at the time Dr. an ardent prohibitionist, and I

Kenan was a do not think

acnayndgiednatltee~

man could have oeeupied my position and had the trouble that

we had with whisky and open groceries near the without exerting himself and making every effort to

institu secure

tpioron~

hibiti9n here. Some of the greatest trouble we have had here has

arisen from whisky; and some of the very best attendants we

have had, good men in every other respect, I have been under the

necessity of discharging on account of their drinking. I would

1552

.JouRXAL oF_ TI_rE HousE.

not have been .true to the dictates .o.(.hu~nity or my convictions as to my duty, If I had not d.on-e_so. ."If.l had it to go over again I would exert every nerve tQ secure- prohibition here ; and ev~n after I have passed away,~ would lik:e my record to be known in my family, if no where else, tbat I had" fought against the sale of li4_uor in this place; had done my best against it, and that all my mental and physical powers were exerted in that direction. I think that course is due this institution, for if there is a place on earth where there should be temperance and absence of opportunity to get whisky, it should te this institution. There should not be an open _grocery anywher-e within ten miles of this place.
REV..J. R. KING, for Miss ~Iosely, sworn.
I am pastor of the Methodist Church, of which Miss Mosely is a member, and haYe been pastor about twelve months, and have seen her on an average of at least once a month since I have been in charge. We consider her a member in good standing; that means there ha.s been no report against her character .as to her moral conduct. There are other members of .this Institution who are member:-< of the same church, and ha,e made no report against her. From my own knowledge of her or anything I may have heard up to the present iuYestigation, I know of nothing derogatory to her character. I have visited her as pastor off and on ;.;ince I haYe been here.
(Cross-examined by Mr. Whitfield.)
:\frs. Darnell, Dr. 'Vhitaker and Mrs. Cone are also _members of my church in good standing. Dr. Powell and his family are also. ~othing has been charged against 1\Ir. 'Vest in regard to inebriety or intemperance of any kind; he is looked upon as a member in good standing. No report has ever rcttched my ears against his moral character. I have visited the asylum once a week and have seen l\Ir. 'Vest almost every time, and have found him always at his post of duty; I do not think I have ever gone to his office and found him away from it.
'VM. HGBBARD, for Miss ~Iosely, sworn.
I liYe near here, aud am an employee of the asylum. I have known :\Iiss :\Ioscly all her life. Her character is good, as far as I know; I have always found her to be all right, and never heard anything wrong against her.
1Cross-examined by Mr. 'Vhitfield.)
I married her aunt. I never heard of her being a tale-bearer or of lier telling stories about people and being asked to correct t?em. Hhe is lively and likes to talk, but never means any harm by It.
CHAS. P. CHA~VFOHD, for Miss Mosely, re-introduced.
I have some acquaintance with Miss Mosely; several years ago I knew her better than I do now; I have seen her but once or twice in several years. If her character is not first-rate I have never heard anything to the contrary; from what I have seen of her, or heard, it is excellent.
(Cross-examined by Mr. Whitfield.)
In addition to seeing her out here, I have seen her at church, at

WEDNESDAY, OcTOBER 19, 1887.

1553

Sunday-school and in her-father's family; I sometimes have gone there and eaten dinner when I. att~,Jnded church out here; I have see her but two or three times)Ii two or three y-ears.
- - FO,VLER, for Mtss Mosely1 sworn..
I live within a hundred yards of where Miss Mosely lived, and have known her pretty near all her life. She is a girl who talks a good deal, jests a good deal; and in jesting we may make misrepresentations; but I have always found her pretty .truthful, and do not know anything against her character. I doit't know but what I would believe her on oath. Of-course, from my knowledge of her general character, I would be obliged to belieYe her on oath. I couldn't go outside of the law, which says every one tells the truth until proven otherwise. Of course, I would be obliged to believe her. She may make misrepresentations, no doubt doeR. I couldn't dispute it.

(Cross-examined by Judge Sanford.)
Q. Did you ever hear of her telling a story ou your daughter"! A. Personally I don't know that she did, but I have heard such a thing-have heard my daughter speaking of it; and I beard Dr. Whitaker speak of it; I don't know that T have heard anybcA:ly else speak of it. I don't believe she is considered a general tattler in the community. I heard from Dr. 'Vhitakcr about her untruthfulness this morning. He told me he would like to see me, and he told me had a note from my daughter and what it was.
Miss Mosely offered to introduce other witnesses to sustain her character and testimony. Dr. 'Vhitaker also offered to introduce other witnesses in rebuttal. The committee decided that enough testimony had been heard on that line.

MACON, GA., 31st August, 1881. Present: Messrs. Arnheim, Kenan and Humphries, of the Committee.

JOHN W. WILCOX, sworn.

I was connected with the Lunatic Asylum at :Milledgevlile for

thirteen years, in the position oi engineer, from February 1871

until January 20, 1884.

' '

. When I first took charge of the mechanical department it wa><

m a very imperfect condition. A regular system of waterworks

as they. n?w exist, w!ls put in operation in addition to the supply

they ortgmally had from the wells, at my recommendation and

the plan was fixed upon by myself and Mr. l\fcllheny wh~ was

consulting engineer.



'

When I went there the gas works were in such an imperfect . con~Htion that it was impossible for me to run them. One of the

duttes proper of the engineer was to supply heat during the winter mon~hs; and of course during the summer months there was ~othmg of that sort to be done, and a man must turn hiR atten~wn to something else, and I turned mine to the grounds, improv-

mg the general appearance of the grounds and the system of sew-

98

1554

JouRNAL OF THE HousE.

erage. The grounds were an open waste when I went there I
acted as landscape g3;rdener, laid <?ffthe back yard and front yard and reduced everythmg: to a ce!"tam system, laying off walks, etc. The waterworks, combmed wtth the sewerage took away the offensive odors about the place and made it mor~ healthy.
If the system of sewe:;a~e is imperf~ct or neglected, it will offset all the sk~ll of the phystcmn~. That ts a very important matter.
I supphed the kttchens wtth steam; I introduced the steam cooking. It is the duty of the engineer to see that these things are kept in proper order and that the cooks use the apparatus properly.
I took up the architectural work, and expected to save them the employment of an architect, but I expected to get a larger salary for that.
I think the engineer should be an officer of the institution, and I so stated to the Board of Trustees before I resigned; I stated that I would not remain there under any other conditions; the Vice-President of the Board asked me what salarv would keep me
there. I said I would not accept any salary unless they made me an officer; they replied that the law would not allow them to do that. Apart from the Superintendent, I think the engineer has more responsibility than any of the officers of the Institutioil. It is pis business to guard the Institution against fire, and to do that
he must be on the lookout, especially on cold, windy nights, and he must have the appliances there to put out fire. The heating
of the buildings by steam requires the constant superintendence of the engineer, and the engineer canuot properly attend to his duties unless he gives everything pen;;mal attention and inspec-
tion. He has to give his attention to the works at the creek, and
I supplied myself with a horse, because there was so much ground that I could not get over without that.
After my resign~tion as engineer I was subsequently retained as consulting engineer. No request was made of me to resign-
nothing of that kind. I presume they were satisfied with my services, for I was asked to fix upon the amount of salary that
would keep tne there, but I declined to receive any increase; I had made up my mind to leave.
The architect who was employed to do the work on the convalescent buildings-:Major Fuss-was not employed at my instance
or request. In reply to your question I would say that I would
have had the time necessary to give attention to the erection of the buildings; the authorities might say no. They thought my duties confined me to the engineering department, and would consume all of my time, but my position is this: the amount of
work I can do is in proportion to the amount of money I am paid for it. I say without any hesitancy that I would have been com-
petent to discharge those duties. I do not know positively what this architect was paid, but I think it was $1,800. His duties were simply to make estimates and supervise the building and see that
the workmanship was well done; and I did the same thing before. I made the estimate for the first convalescent building, but my
estimates and plans were not accepted; Major Fuss' were, from the fact that he was employed as an architect. I got up the designs and made estimates for these buildings. The Board of Trustees called upon me for estimates of anything they wanted to
do; and to give you an idea of whether I was competent or no!, I had no intimation of what they wanted until they were in sessto~ and sent for me for an estimate for so and so, and I had to get tt up in a little while. I was not willing always to submit my esti-

WEDNESDAY, OcTOBER 19, 1887.

. 1555

mates as being accurate, for no matter how expert a man may be,
he cannot make an accurate estimate in a few minutes, and nearly all my estimates were submitted as approximate estimates, It is true that while those buildings are good, substantial build-
ings, there is no special architectural skill displayed in them; they are plain buildings, and for an asylum they should be as plain and simple as possible.
The only extra expense entailed by the removal of the boiler at the convales~ent building was the tearing away of part of the wall to get it out and preparing the place they located it in afterwards.
Knowing what I do, I would not have removed it as being dangerous, but Dr. Powell was very much afraid of fire, and if I had felt as he did I would have regarded it as my duty to remove it.
I cannot state positively as to the amount of time consumed by the physicians in making their rounds while I was at the asylum,
but I would say that approximately about four hours a day were about all devoted to the regular rounds. To make the regular
rounds of any building the doctor, to get through with any degree of decency, could not do so in less than two hours. I think they
have gone through in less time, but I could not state any particular instance. I believe it would require a constant contact of the
physician with his patients to become thoroughly acquainted with their mental condition, and I think that the physician should
study the individual patient; he must do so to do the patient much good. I think the moral treatment of the insane is the only
treatment of any benefit to them, except when they are sick or in
bad health physically; the only mental treatment of any benefit, so far as I am able to judge from my intercourse with them, is the
moral treatment. From the constant association of the physician
with the patient he learns their peculianties and how to meet them, how to get their minds off particular things and to divert their attention to something of benefit to them. I think any
money expended for the patients upon amusements for them,
whether reading or other things for their diversion, would be money well expended. During the time I was connected with the
asylum they tried to occupy their minds and give them work, but
that work was to result in some benefit to the institution, such as improving the grounds, etc. There was many a man who would
go and do that who did not want to; yet he wanted some occupa-
tion. I think the patient should be given amusements and conge!lial occupation, whether of any value to the asylum or not. I thmk money could be well expended that way and that it would
cost but little. I do not mean to imply that they are not doing
that; I do not know what they are doing. I am merely giving my ideas as a practical man, for I am really nothing else.
I do not think that Captain DeSanssure, the present engineer, is ~mpetent to lay out the grounds around the convalescent buildmgs; 1 will say this, that if any demand is made upon DeSaussure and he is not equal to it, he will make himself equal to it.
It is true that the architect directed the contractor to pnt down green flooring when they were finishing the negro building. The
Board of Trustees were in a hurry for the floor to be laid, what the reason was I do not know, but the architect was directed to push the work forward as rapidly as possible, and he ordered this
fioo!ing to be put down, and I know that the contractor protested agamst putting it down. Later it proved that the flooring was
not sufficiently dry, and he was required to pull it up and replace it. The contractor was paid nothing extra for it; there was no expense except in the delay.

1556

JouRNAL oF THE HousE.

'rhe present manner of burying is to mark a headboard in pencil the pencil-mark may stand a term of years, but at the expiratio~ of that time the weather has carried off a sufficient quantilY of wood to carry away all trace of the pencil-marks. I think the best
plan to mark the graves is to put a small slab of iron, with anumber, at the head of each grave, and let the graveyard be divided
into sections, each section denominated by a letter, as for instance " Section A.," "Section B," etc., and each section carrying a given number, say from 1 to 100; and let the book of reCflrd show the name of the person buried under each number.
Under the plan they followed when I was at the asylum the chances were, where a male and a female died at the same"time that
the male might go to the female cemetery and the female to the htale cemetery. That could only be avoided by personal attention from one of the physicians, and that was not given.
If they make the proper effort, there are places from which I am satisfied they can get the. water to flow by gravity to the asylum
from natural sources, in addition to what they have now. One of the Board of Trustees wrote to me and asked me the value of a spring he had, and I said, "Don't you dispose of that spring with-
out consulting the asylum, for you are in a position in which you can dictate terms to the city or the asylum." He bas sold it to .Milledgeville. It has a gravity of 125 feet above the asylum. Dr. Hall is the trustee. I think there are other places there where water can be developed, without much cost to the asylum, and
using gravity instead of expensive apparatus. The average cost of
our springs in .Macon is SIOO a piece, to develop the springs and put them in proper condition and protect them from surface water. \Vhen you come to the iron piping, the cost of that is due to the length. I do think there are springs around the asylum which can be used instead of using expensive pumping apparatus.
They have at Scottsboro a series of springs giving only 6,000 gallons a day. I did not know how to develop them then, but I can say now that they can run them up to a capacity of three times
that much. They are now using water from a spring branch. They take water out of the creek. That will do very well for
bathing purposes, but will not do for drinking purposes. By taking this water from the Scottsboro springs they can get all they need for drinking purposes, and devote the other entirely to sewerage and bathing purposes. I am satisfied that can be done upon the same plan that we have in Macon. I developed water
here where all the engineers predicted there would be a failure. .M:y chief here, l\Ir. Boardman, smiled when I suggested the means
to him. I make the suggestion for what it is worth : If they will lay
aside their pride and invite Mr. Boardman to go to the asylum and make an inspection of the ground, be can tell them whether they can get water there or not. It takes a certain amount of civil engineering, combined with mechanical engineering to ~o this work satisfactorily. Mr. DeSaussure is a mechanical engi neer I do uot know how much he knows about civil engineer-
ing 'r do not mean to reflect on him, but with Mr. Boardman's
kno'wledge of civil engineering he can make an examination of the surroundings, and can tell whether they can get water there
or not. A man cannot go there in a day and tell; he hasto devote Home time to it; and 1f they will lay aside a little of their niggardly
disposition and take the right steps, they will get the water. I am satisfied they will never get an artesian well there. They
will strike the blue granite there, and will not get the artesian

\VEDNESDAY, OcTOBER 19, 1887.

. 1557

well. If they get the water from specific gravity it will insure an
everlasting supply, and at much less cost than any other system they can devise. That is the secret of the success of the works herethat they get the supply by gravity.
When I resigned my place I gave the trustees ample time to get a good man to fill my place, so as to avoid any possible inconvenience to the patients, and they finally accepted the man I recom-
mended. Captain DeSaussure. One of the chief reasons I resigned was because J bad too much responsibility and no authority.
Based upon the information they get from the engineer, the trustees go ahead and act, and they gPt the credit for it.
While I think Dr. Powell ha;; done me an injustice, I believe that he conscientiously does what he thinks is right. I think Dr. Powell is a suitable man for his positwn, for the reason that he
has sympathy for all that are afficted, and his whole disposition is kind, and if he makes a mistake it is a mistake of the head and
not of the heart. I have seen Dr. Whitaker intoxicated since his connection with
the institution. I have seen him in Macon-at the theatre.

ATJ,AXTA, GA., September 7, 1887.

C. T. HADLEY, sworn.

(Examined by Dr. Kenan.)

I am policeman No. 38 on the Atlanta police force; I reside at

No. 152 West Baker street, Atlanta.

I was employed as a painter at the a:;ylum at Milledgeville

about three years ago ; I was there fifteen weeks and two days. I

rented a house near the asylum, the 'rucker mansion, and kept it

until those parties came to build the new buildings at the asylum,

and then we boarded with the parties who took the house.

Q. You saw a good deal of the officers'? A. Yes; I was around

the house pretty much all the time, and in and out of the drug

store.

Q. Was there a good deal of drinking going on? A. Yes; right

smart drinking.

Q. State whether or not you have ever seen any of the officers

under the influence of liquor? A. I have seen Mr. \Ve;;t under

the influence of whisky.

Q. Have you taken drinks with them in the apothecary shop'!

A. Yes; time and again; I have bought it and drunk it myself.

Q. Bought it from the apothecary? A. Yes.

Q. yes;

In quantities sufficient to carry over to your home? A. if I wanted to carry it; and sometimes I would leave

Oh it ii~

the apothecary shop, and take a drink when I wanted it. I

marked" poison" on it to keep the other fellows from drinking it.

Q. And often Mr. West would join you in drinking? A. Oh

yes; very often. And I have taken drinks with Dr. Hall.

'

Q. At the dances at night, was it not a common thing for every-

body to go in and drink what they wanted in the apothecary shop?

A. I could always do it.

Q. Have you seen Dr. \Vhitaker take drinks in the apothecary

shop-beer and whisky? A. I have seen him drinking there, but

1558

JouRNAL OF THE Hou::;E.

I never noticed what it was. I have never taken a drink with

him that I know of. I have seen him take drinks.

Q. Do you think that you have seen him under the influence of

spirits? A. I do not know whether I am. a judge or not. I have

never seen him down drunk.





Q. Ha":e you seen him what you call typsy? A. Yes.

Q. 'While you staid at the Tucker mansion, did Mr. West go

there? A. Yes; he would come up there once in a while.

Q. Have you seen Dr. Hall under the influence of whisky? A.

I bav seen Dr. Hall when he looked like be felt it a good deal-

nothing disorderly about him-the same aR myself. Dr. Whitaker

got me whisky. and S?ld ,~hisk~to me at the. apothecary shop

when I asked him to, JUSt hke the rest. Mr. "\"\est was drinking

right smart.

MACON, GA., September 30, 1887.

J. F. MOSELY, appeared and testified as follows:

Q. Do you know Dr. I. H. Hall, of Milledgeville? A. Yes.

Q. Have you ever seen him under the influence of whisky, or

any stimulant? A. Yes.

Q. "\Vhen? A. Monday afternoon, the 26th of September,

1887, in thi~ city.

Q. You do not think he was in a condition to attend to his med-

ical business? A. I do not think he was, for he looked and acted

stupid,

Q. You think you could not be mistaken about knowing when

a person was under the influence of liquor? A. No; I do not

think it likely that I could be, for my experience on police force

for nine years would give me much experience.

.

J. F. MOSEI.Y.

Witness: "\V. A. "\VYr.IE.

AFFIDAVIT OF J. H. SIMS, M. D.
GEORGIA, l
Baldwin County. J
Personally appeared before me Dr. J. H. Sims, who on oath says that he was called to see Mrs. James Humphries professionally1 aud found her suffering from a high grade of fever, and stupia from the effects of the disease, and not the medicine prescribed by Dr. J. M. Whitaker, as her husband, James Humphries, stated before the special investigating committee at the lunatic asylum. Was also called to see infant of said Humphries. Humphries testified that the infant was also under the influence of adult doses of Dover's powders prescribed by Dr. Whitaker, all of which is false ; did not tell Humphries that they were Dover's powders or adult doses. My recollection is that I did not tell Humphries what they were, but I believed them to be small doses of saccha~ ated calomel, which were harmless in the doses prescribed. It IS my opinion that the infant was suffering from the disease, and not the medicine prescribed by Dr. Whitaker. I also state that I have known Dr. "\Vhitaker intimately for five years, and have consulted

WEDNESDAY, OcTOBER 19, 1887.

1559

with him professionally in a number of serious cases of sicknes~, -and consider him a scientific and prudent practicioner of medicin!l; also consider Dr. Whitaker a high-toned and sober ~entle man, and believe thttt he was grossly slandered by the testimony
of James Humphries before the special committee. J. H. SIMS, M.D.
Sworn to and subscribed before me, this September 20, 1887.
L. P. THOMAS, J. P., 320th District G. M., Baldwin Co., Ga.

REPORT OF T. H. DESAUSSURE, ENGI~EER.

Mr. Arnheim, Chairman Special Committtee to Investigate the Georgia Lunatic Asylum:
Srn-As directed by your committee, I make you this detailed statement of improvements and new apparatus put to work since my appointment as engineer.
This does not cover all "extraordinary repairs," but only so much as has come under my direct superintendence.
PLU~IBING.
Water-closets, bath-rooms and pantries-seven water-closets and bath-rooms combined in "Negro Building," each room containing one bath-tub, two hoppers, two basins and one automatic flushing-tank for washing out hoppers. Each bath-room is connected to the hot and cold water supply.
Six sinks were put up in dining-rooms of above building, and connected the cold and hot water supply.
One water-closet and bath-room in center building, third floor. Remodeled water supply to 1st, 2d, 3d, 4th, 5th and 6th female wards, using two automatic flushing-tanks and 96 feet and ll galvanized pipe. Remodeled water-closets on lOth, 11th and 12th male wards, using three enameled hoppers, three traps and two automatic flushing-tanks. Remodeled bath-rooms on 2d and 3d male wards, using two enameled hoppers and one bath-tub. Placed one water-closet in wing of 1st male, and connected it to flushing-tank of 1st ward. Put in new water-closets in both male and female 18th wards. Placed one urinal on 18th male ward. Placed strainers, supply, waste and stop-valves on bath-tubs on 12th male and 11th and 12th female wards. All the plumbing has been done for the two "Convalescent Buildings," and the center buildings attached, consisting of ten water-closets, six bath-rooms, five water-closets and bath-rooms combined, and the necessary sinks in six pantries off the diningrooms of the wards and three connected with the "Center Buildings." Both hot and cold water pipes have been run to these r~oms, a~d c~mnection made with the most approved valves and pipe. Sod p1pe of the best kind has been run from the several rooms to the sewers. ~ipes to carry hot water have been run throughout the Negro budding, and all tubs and sinks connected with hot water tank in boiler house. All pipes through main center building have been renewed. One Damarest cistern and service box has been put up on third floor of main center building.

1560

JouRNAL n THE HousE.

Two automatic flushing-tanks have been put up over 7th male and female ward water-closets.
The above plumbing has been done at a cost for material and freight of $2,219.50.
WATER-WORKS, AND THE EXTENSION OF WATER-PIPES AROUND
THE Bl'ILDINGS AS A FIRFJ PROTECTION.
A complete duplicate pumping station has been erected at the creek from which our water supply is taken, comprising a brick boiler house and pump room, supplied with iron doors and window-shutters, iron shingle roof and brick smoke-stack.
The pumping engine is a \Vorthington Duplex Plunger Pump, which is run by a 40-horse power boiler.
The old water main from water-works to asylum was found too Hmall to supply the increased demand for water made by the new Negro building, the additions to the old ~egro buildings, and the ' two convalescent buildings. This has been taken up and re-laid with 6-inch cast-iron pipe, the asylurr: buying 4,200 feet of 6-inch pipe, :WO feet of 8-inch pipe and two 6-inch water gates. The old 4-inch water pipe has been used in part to convey gas and water to the building for convalescent patients.
Four thousand and ten feet of 4-inch, and eight hundred and fifty feet of a-inch cast-iron pipe, sixteen fire hydrants and four 4-inch gate valves have been placed around convalescent and negro buildings to convey water and gas.
A new roof has been put 011 old pump house, the boiler taken out, repaired and re-set, an area wall built around pump-house, next to reservoir. ~ew steam and water pistons in old pumping engine.
A rock and brush dam has been built across camp creek at waterworks for the purpose of scouring out the sand which ac-cumulates at that point in the bed of the creek.
Twenty 1~-inch fire hydrant valves have been placed in the "!\egro building. These are in direct connection with the fire engine.
ROOFING.
Four hundred and twenty-one squares of tin roof have been plaeed on main building.
Eight'2en squares on main building boiler-room. Fifteen and thirty-two hundredths squares on boiler-room at female convalescent building. Twenty and ninety-six hundredths on roof of the new Negro laundry. Roof on boiler-houses at creek pump and at male convalescent building were covered with old iron shingles which were in yard.
KJTCHK'<S.
Three new kitchens have been fitted out entire. One at Negro building, one at male and one at female convalescent building.
AT NEGRO BUII,DING.
One thirty-horse power boiler; one Berryman patent w~ter heater, of :.!:.!5 gallons; one Pratt's return steam-trap; one nmefoot wrought-iron range; four sixt.y-gallon cast-iron steam kettles; one forty-gallon copper coffee kettle ; two two-bw.,hel c~st iron steamers; two galvanized sinks, a6"x5611x911 One brwk

WEDNE8DAY, OcTOBER 19, 1887.

1561

bread oven, capable of baking at one baking 800 pounds of bread.

AT FEMALE CONVALESCENT BUILDING.
One thirty-horse power boiler; one steam-trap and receiver; one Berryman's patent water heater, of 200 gallons capacity; one six-foot wrought-iron range; three forty-gallon cast-iron steam jacketed kettles; t.wo two-bushel cast-iron steam jacketed steamers; one steam roaster; one twenty-five-gallon copper steam coffee kettle; one ten-gallon co?tper steam jacketed teapot; one charcoal broiler; one 36"x32"x7 1 kitchen sink.

AT l\IALE CONVALESCEN'J' BPIJ.DING.
One twenty-five-horse power steam boiler; one Berryman',; patent water heater, of 200 gallons capacity; three forty-gallon seamless cast-iron steam kettles; two two-bushel seamless steam jacketed steamers; one twenty-five-gallon copper coffee kettle ; one ten-gallon steam copper teapot; one steam roaster; one steam broiler; one six-foot wrought-iron range.

STEAllf HEA'l'ING.

The amount of heating surface in negro building was found to be insufficient, and has been added to by placing forty-four radia-
tors on the wards, with necessary steam and return pipes, valves, etc., at a cost for material of $1,256.01. ContractR were made for
heating by steam the h\'O convalescent buildings, and the work done under the supervision of the engineer.

That for the building for female patients was contracted

for at

.....

$8,478 00

That for male patients at. . . . . . . . . . . . . . . . 7,600 00

Steam-pipes and boiler surfaces have been covered with

with non-conducting material at a cost of . . . . .

!171 SH

BOILER ROO:IIS.

Two new boiler rooms have been built; one at the male, the
other at female convalescent buildings. These houses are 40x32 filet, are built of brick and have attached smoke-stacks of brick 71~ feet and 74~ feet high, respectively. They each took one hundred and fifteen thousand brick, and with the moving of the
heating boilers from the basement of female building and setting
same in new boiler rooms, .and connecting with neeessary pipeR and sewers cost, each $l,H20.00. A new stone floor bas been put iu boiler room at main building, and a brick one at that of white
laundry and negro building. Old boiler at watt>r-works has been reset.

GAS WORKS.

A complete change has been made in this department.

The old works, situated within the walls of the institution and

~dapted for making gas from wood was inadequate to supply the

mcreased demand upon them, consequent upon the erection of so

many new buildings, and was abandoned.

The new works are now without the walls, and make gas from

coal.



These works were contracted for before the appointment of the present engineer, but were erected under his supervision.
The works contain two benches, one of ~bree, the other of two

1562

JouRNAL OF THE HousE.

retorts ; one steam jet exhauster ; one scrubber ; one condenser one center seal; two purifiers; one station meter; one governor! one potometer; one steam boiler; one 12,000-foot gas-holder. '
The works are connected to the general system of delivery mains by a six-inch cast-ilon main.
The contract price of the above was $81509.33. One thousand and thirty-six feet of four-inch, and seven hundred and thirty-two feet of three-inch cast-iron gas pipe have
been laid, connecting the two convalescent buildings with the gas works. Five thousand two hundred and eight feet of gas pipe
have been run through convalescent buildings. Eighty pendants were made for each convalescent building.

LAUNDRIES.
A new laundry has been built for the use of the negro department. This building is 52x42 feet, is of brick, with brick floor and tin roof. It is supplied with kettles for boiling clothes, a brick tub-rest, a water-closet, and cold water pipes and sewers.
Two wooden washing machines, with a capacity of 150 shirts apiece were put into the white laundry; these are about worn out, and two all-brass machines have been placed there also.

SEWERS.

The sewer from female convalescent building, which emptied

outside the wall to the west of the main building, has been con-

nected to the main sewer back of the gas-works. All conductors

of female building have been connected with sewers.

The entire sewerage for the mstle building has been laid, and all

the various sewers heretofore emptying just outside of the ~all

have been collected into one main sewer, which has been run mto

Camp creek, one and a quarter miles distant from male convales-

cent building. In all, nine thousand and sixty-five feet ?f sewers

have been laid; the sizes varying from three to eighteen mches.

Respectfully submitted.

T. H. DESAUSSU.RE,

August 29th, 1887.

Engmeer.

WEDNESDAY, OcTOBER 19, 1887.

1563

EXHIBIT A. Exhibit to Testimony of L. J. Lamar, Steward. PRICES PAID FOR SUPPLIES FROl\1 OC'l'. 1, 1885, to OCT. 1, 1886.

--------------------- "'" " ..; Q) t:

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Bacon, per lb.

$ 6.65$ 6 $ 6.15$ 6.60

Bran, per cwt .

1 03

95 1 00

74

Butter, per lb .

15! 15l 15! Hi

Corn, per bush . . .

53

57

56

Cotton Seed Meal .

Cheese, per lb .

10~

10

Coffee, per lb .

9

9

9

9

Candles, per lb

11~

10~

101

9:f

Flour, per bbl . .

5 4-5 5 70 5 10 4 80

Fish, salt, per lb.

5

5

Grits, per bbl . .

3 65 3 10 3 05 2 95

Hams, per lb . . Lard, per lb . . . Molasses, ber gal.

11

9.57

9

lOt

7t

6%

6i

6.'!8.

24

191 21

19~

Meal, per ush . .

73

58

65

62

Oats, per bush. . .

42

Pepper, per lb . . .

16} 16z 172 172

Rice, per lb . . . . . . . Syrup, ~er gal . . . . . .

4.85

4

38

36

3i

3%

35

35

Sugar, x. C., per cwt ..

6 45 ,') 75 5 50 5 50

Sugar, granulated, per lb Starch, per lb .

7% 3i

7t
3;!

6~
3:!

6h. 8
3

Soap, per lb . . Soda, per lb . .

4

3l

3.'!.
'4

3.'!4.

4

4

4

3%

Tobacco, per lb .

31

31

31

31

Vinegar, per gal.

16

15

16

1564

JouRNAL oF THE HousE.

EXHIBIT B. Exhibit to Testimony of Wm. Jackson, Supervisor.

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iBath room and water closet together.
tEmployees sleep here. tHospital ward, 36 beds. *Bath room and water closet together. I.ConYalescent ward. August 15th, 1887.

WEDNESDAY, OCTOBER 19, 1887.

1565

EXHIBIT C. Exhibit to Testimony of Mrs. Darnell, Matron.

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439 24 23 26 ~0

7 485 12

31

*Portico.

1566

JouRNAL oF THE HousE.

EXHIBIT D.

(Exhibit to Testimony of J. F. Farrell, Supervisor.)

.C?lored male depart~ent has 222 bed rooms, 6 bath rooms, 6

dmmg rooms, 3 recreatiOn halls ; 209 of these rooms for patients

177 patients-32 rooms more on the male side than patients. '

Colored female department has 220 bed rooms, 8 bath rooms 6

dining rooms, 3 recreation halls; 207 of the rooms for patients, 2o6

patients-one room more on female side than patients.

Of this number we have doubled, so as to have six rooms vacant

for female patients.

.

EXHIBIT E.

(Exhibit to Testimony of H. C. Whatley, Cook.)
SICK MEALS-Breakfast-Milk toast, batter-cakes or waffles, eggs (soft-boiled or poached), boiled milk and rice, tea and coffee.
Dinner-Chicken or beef-soup, boiled milk and rice, eggs (softboiled or poached), birds or chicken, tender-loin steak, sweet or butter milk, toast, rice custard, etc.
Supper-Eggs (soft-boiled or poached), toast, tea or coffee, sweet milk.
EXTRA MEALs-Breakfast-Coffee or tea, toast, waffles or batter-cakes, biscuit, egg-bread or muffins, grits, scrambled or fried eggs, fish, ham, bacon or steak; Irish or sweet potatoes fried.
Dinner-Soup, fish or roast-beef, ham or mutton, chickens, beef or ham pie, ham, bacon or beef (fried or broiled), rice, biscuit, bakers' bread or rolls, egg-bread or corn-bread.
S1tpper-Coffee or tea, toast, biscuit, rolls, bakers' bread, battercakes or waffles, ham, bacon or steak, broiled or fried.

EXHIBIT F.

(Exhibit to Testimony of F. G. Grieve, Secretary.)

Statement as to movement of patients from 1st October, 1886, to

29th August, 1887 :

Oct. 1, 1886, Total remaining on hand .

1238

There have been received:

white males . . . .

126

white females. . . .

108

234

Colored males . .

59

Colored females . . .

88

147

381

Of the whitesDischarged, restored. Removed, improved.. Removed, unimproved. Eloped .....
There have died

1619
104 6 2 2 114 95 209

WEDNESDAY, OCTOBER 19, 1887.

1567

Of the coloredDischarged, restored Removed, improved . Eloped .....
There have died . .

30
4 1
35 65
100 309

Aug. 29, 1883, Leaving on hand . . . . .

1310

STATEMENT AS TO PATIENTS.

Aug. 26, 1887, No. on hand . . .

1310

Of whom 923 are whites.

387 are colored.

1310 Of the whites 425 are males.
498 are females-total whites 923 Of the colored there are 180 males.
207 females----;-total. 387

1310

Of the white male patients-

There are lunatics . . .

3.~5

Epileptics ..

52

Idiots.

18

425

Of the white females-

There are lunatics .

441

Epileptics .

37

Idiots.

20

498-

923

Of the colored male patients-

There are lunatics . . . . . 146

Epileptics ..

2!l

Idiots.

li

ISO

Of the colored female patients-

There are lunatic;.;

1B3

Epileptics ..

11

Idiots . . . .

3

207-

387

1310 Of the whites, there are on furlough-
White males . 8
White females 9

17 August 29, 1887.

1568

JOURNAL OF THE ~OUSE.

EXHIBIT G.

(Exhibit to testimo.ny of Dr. T. 0. Powell, Superintendent.)

The following named persons are restored and should be dis-

charged from the Georgia Lunatic Asylum :

Thomas Marston, ROckdale; setting fire to a house in Conyers.

Plea of insanity sustained.

Jack Adams (colored), Elbert; rape. Pleaofinsanitysustained.

George Johnson (colored), Dodge; murder. Plea of insanity

sustained.

.

Buck Gunn (colored), Houston; assault with intent to murder.

Plea of insanity sustained.

T. 0. POWELL, Superintendent, etc.

WEDNESDAY, OcTOBER 19, 1887.

1569

INSURANCE.

(Referred to in Report of Committee, ante, p. 4.)

Amount of

policy.

P. 1\I. Compton (Central Building) L. Carrington (Central Building)

. $ 5,000 1,000

L. Carrington (Central Building)
L. Carrington (Central Building) L. Carrington (Central Building)

.10,000 ..5,000 . 2,500

T. T. Windsor (Central Buildmg) T. T. Windsor (Central Building) T. T. Windsor (Central Building)

2;500 i,500 i,500

T. T. \Vindsor (Central Building) T. T. Windsor (Central Building)

10,000 7,500

Turpin & Ogden (Central Building)

10,000

Turpin & Ogden (Central Building) Turpin & Ogden (Central Building)

5,000 .5,000

Cobb, Wilson & Cabiness (Central Building) 5,000
Cobb, Wilson & Cabiness (Central Building) .5,000 Cobb, Wilson & Cabiness (Central Building) 5,000

Cobb, Wilson & Cabiness (Central Building) I. C. Plant & Son (Central Building) .. H. Horne (Central Building) .....
H. Horne (Central Building) .. J. W. Boardman (Central Building) .. Conner Bros. (Central Building) . . . . .
Barber & Castleman (Central Building) .
Barber & Castleman (Central Building) . L. Carrington (Blacksmith Shop) . .
L. Carrington (Blacksmith Shop) L. Carrington (Boiler, etc.) . . . . . .
L. Carrington (Female Convalescent) . T. T. \Vindsor (Female Convalescent) .
T. T. Windsor (Female Convalescent) . T. T. \Vindsor (Female Convalescent) .
T. T. Windsor (Female Convalescent) . T. T. Windsor (Female Convalescent) . L. Carrington (Female Convalescent) .
L. Carrington (Female Convalescens) .

.5,000 5,000 i,500 i,500
6,500 0,000
5,000 5,000
200 200 1,000 1,000
\000 2,500 2,500 2,500
2,.500 1,500
.s,ooo

T. T. Windsor (Female Convalescent) . L. Carring-ton (Male Convalescent) L. Carrington (Male Convalescent). T. T. Windsor (~fale Convalescent) T. T. \Vindsor (Male Convalescent)
T. T. Windsor (Male Convalescent) L. Carrington (Male Convalescent) L. Carrington (Male Convalescent)
L. Carrington (Male Convalescent) T. Windsor (Machine Shops) . . . .

2,.500 1,.500 .5,000 2,500 2,500 2,.500 5,0:)()
5,000
1,ooo
:)\)()

T .Windsor (Machine Shops) ..

.')()()

T. Windsor (Machine Shops) .. L. Carrington (Steam Bakery) .
L. Carrington (Steam Bakery) . L. Carrington (Steam Bakery) .
L. Carrington (Steam Bakery) . L. Carrington (Chapel) . . L. Carrington (four boilers)

.500 1,000
:)()()
1,000 .'iOI)
~()I)
3,000

99

Premium.
:3 50 00
10 00 100 00 50 00
25 00 25 00 i5 00 i5 00 100 00 7.5 00 100 00 50 00 50 00 50 00 .'j() 00
50 00
.=,o oo
.)() 00 i5 ()() i5 I)()
n.s oo
50 00
.so 00 .so 00
2:)()
1 2.5 12 .50
12 w
li2 ;)()
:n 2.s
:31 2-5 HI 25 31 25 18 75
()2 .so
:11 25 lk i.'i
G2 .so
:n 25
:11 25 31 25 H2 50
62 w
12 50 (i 2.5 () 25 fl 25
12 .so
6 25 12 50
6 2.5
3 75 37 150

JouR:t-.AL OF THE HousE.

L. Carrington (Wood Ward) ..
L. Carrington (Wood Building) . L. Carrington (Engine room) .. L. Carrington (Engine room) ..... .
L. Carrington (2-story frame hse, Whitaker L. Carrington (frame house, Dr. Jones)... L. carrington (cottages for employes) ..
L. Carrington (laundry) . . . . .
G. E. Waterson (Central Building) L. Carrington (Central Building)
L. Carrington (Central Building) B. Casterman (Colored Building)
L. Carrington (Colored Building) L. Carrington (Colored Building)
T. T. 'Vindsor (Colored Building) '1'. '1'. 'Vindsor (Colored Building) T. T. windsor (Colored Building~
L. Carrington (Colored Building) L. Carrington (Colored Building) T. T. Windsor (Colored Building)
L. Carrington (Colored Building)

1,000 1,000
800
1,000 750 750 400
2,000 5,000 5,000 5,000 4,500 5,000 5,000 7,000 7,000 7,000 5,000 7,500 7,000 1,000

1570
12 50 12 50 10 00 12 50
9 37! 9 37 500 25 00 62 50 62 50 62 50
56 25 62 50 62 50 87 50 87 50 87 50 62 50 93 75 87 50 12 50
$3,128 74

WEDNESDAY, OCTOBER 19, 1887.

1571

,Mr. Harrison, of Quitman, chairman p1o tem., of the Special Committee appointed to investigate charges against Hon. Mr. Rankin and Judg~ Fain, submitted the following report :
.lfr. Speaker :
Your committee, raised and authorized under a resolution to make certain investigations, beg leave to report:
That on November the 7th, 1886, there appeared in the Atlanta Constitution, a daily newspaper published at the State Capital, the following editorial articl:o, interview and affidavit, to-wit: "There has been so much talk about the recent suit against the Marietta and North Georgia Railroad, caused by the fact that Mr. James P. Harrison claimed in his affidavit that he was only a tax-payer to the sum of thirty dollars and fifty cents per annum, and that suit after suit would be brought to harrass the company, notwithstanding the Governor had carefully looked into the settlement made by ihe last Legislature, and the Attorney-General had given his opinion r>n the constitutionality of this settlement, that we determined, if possible, to find out what was at the bottom of the snit. The day after the recent bill was filed, we met Mr. Eager and asked him about it. He told us his position, and we found that he was fully in possession of facts connected with all the transactions of the road of which the public was ignorant. We questioned him particularly about the matter, and while he was adverse to give the details, we succeeded in getting from him the following interview, that we think will be oi service to the public in further consideration of this subject :
Mr. George R. Eager has been for a loug time manager in Georgia of the Marietta and North Georgia enterprise, and of the American Marble (]ompany. We submit his statement below. Mr. Eager says:
"I am aware that there are some who will think that I have acted unwisely in what is detailed herewith. There may be some who will blame me.' For such men I have a few words in advance. I came to Georgia representing a

1572

JouRNAL OI<' THE HousE.

company of capitalists who were anxiou:> to develop a line of railroad through the rich mineral regions of Northeast Georgia, believing that this development would be a good investment for them and incidentally a benefit to Georgia. \Ve felt, therefore, that we had a right to expect incidental encouragement from the State. This expectation was justified in a large measure. \Ve found the people, as a whole, favorably disposed to our work; but from the very first we have been set upon by a class of people that seemed determined to bleed and harrass our enterprise in spite of everything. It would fill a page of the Constitution to tell of the devices these people have employed to trouble us and make us expense. They came in such rapid succession, and through such devious courses, that I was bewildered, disgusted and finally ready to yield almost anything for th~ sake of peace. My friends in the North could not understand that these attach all came practically from the same source and were inspired by the same motive. I was urged to keep on good terms with the people among whom we had cast our lot, and our Northern friends became impatient with me when I was unable to compose matters and stop the everlasting wrangle. Hence, I was led into doing certain things that perhaps I had best left undone."
" \Vhat, for example?" "I could give you many examples, but here is one: General William Phillips, of Marietta, was interested with us and had charge of the road when we first came to Georgia. But after a ,while, for certain reasons, he became dissatisfied, and we had reason to believe that he instigated the proceedings in the Legislature of 188:3, in which complaint was made that we had not properly carerl for our convicts. And about the time that the legislative committee was closing up the long hearing that they have been having on the subject, a prominent citizen of your State called upon me and asked for a private conference. I granted it. He then said that he was a friend of General Phillips, and if I wuuld buy out the interest that General Phillips had in the road, that Phillips would cease all attacks on the

WEDNESDAY, OcTOBER 19, 1887.

1573

road, withdraw all matters before the Legislature or courts

and help us wherever and whenever he could. I first

declined, stating that the interest of Gen. Phillips, in the

condition of thiogs at that time, was worth nothing, for

that reason, and if I should agree to pay General Phillips

anyhing, it would be simply for him to cease attacking the

road, and for his future good will.

The party insisted that it would be much better and

cheaper to buy his interest and have him friendly, even

though it was not worth anything. I finally told him th11t

I did not have the money. He said he would see General

Phillips and some of his friends and arrange, if possible,

to give me time to pay for the same, and another appoint-

ment was made to meet another friend of General Phillips'

to discuss the matter. At this interview I agreed to pay

ten thousand dollars for his interest and his good will. Of

this sum I have already paid five thousand dollars. The

balance is still in my hands on account of garnishment.

Let me say right here, that the party who first approached

me on this matter, demanded a thousand dollars for his

services in negotiating the matter, which I declined to pay

at first, but finally gave him a thousand dollar bond on the

raill'Oad company, and later on he sent me word that

as he was a State official, he did not like to negotiate or

hold the bond, and asked me if I would not buy it from

him. I finally bought the bond back and paid him five

hundred dollars cash for it. Notwithstanding this effort

to satisfy General Phillips, which he acknowledged and

accepted at the time as sufficient, he soon resumed his hostil-

ity and has kept it up ever since.

Soon after the Legislature of 1884 and 1885 had adjourned,

two suits were commenced against the road for one hundred

thousand dollars, each for forfeiture, as they claimed, for

not recording our bonds.

While these suits were brought in the name of one Pow-

er, yet I have every reason to believe that it was instigated

oy these parties.



Particular pains were taken to telegraph the facts of the

1574

JouRXAL OF THE HousE.

suits over the country. These suits had hardly gotten cold before another suit was brought by Mr. Harrison, aided by Gen. Phillips, in the name of some stockholders, which they claimed to represent, in which they asked for a receiver for the road. In this case, while Judge Brown was Judge of the Blue Ridge Circuit, they jumped over his head and sought out Judge Fain to bring their suit before him.
This suit was also telegraphed all over the country. This suit we had removed to the United States Court on account of their making me one of their def(mdants. Soon after this suit was removed to the United States Court I was sent for in great haste by a certain party in Atlanta, who said that Mr. D. B. Harrell was in town, and was about to bring a suit against the road to get the comts to declare that the Act of settlement of the last Legislature was unconstitutional, and that he was going to associate Willis Hawkins, a leading lawyer of Americus, with him in the suit, but if I would pnt up from $500 to $1,000 he thought that Mr. Hawkins could be retained on our side, and this would stop the whole matter. This, after considering, I declined to do.
One night while I was in bed at the Kimball House, at one o'clock, a gentleman came to my room from Harrison and Phillips, had me waked up, and he asked me if I would pay $50,000 to settle the receiver's suit. I sent them word that I would not pay $50,000 nor one cent, that I did not owe them anything. I went back to bed, and in a short while was waked again by the same messenger and asked if I would not agree to give them $5,000, saying that they would stop the matter for that amount.
I then got mad and sent them word that I would not pay a cent, and,.that they could do as they pleased.
After this, I had peace and quiet for a short time, until about six weeks ago, when I learned that Mr. Harrison and his friends, conferring with. Judge Harrell, intended to make a11other attack upon us, and soon after the Governor had inspected the road, the company was served with an

wEDNESDAY, OcTOBER 19, 1887.

1575

injunction, granted by Judge Fain, restraining the State Treasurer from completing the settlement by turning over the bonds."
"What actuated Mr. Harrison in bringing his suit?" "I do not know, but here are some facts about that: Sometime ago Mr. James P. Harrison, who has some marble interest in North Georgia, came to me and wanted the Marietta and North Georgia Railroad and the American Marble ComJJany to go i8 with his company and the Georgia Marble Company and put up about four thousand dollars with which to carry a bill through the Legislature, changing the contract of the capitol from oolitic limestone to Georgia marble. He stated that $4,000 would do the work, and that if we got the bill through we could combine in our bids and make a large amount of money out of the State, as it would be restricted to Georgia marble, and we controlled all the quarries. I refused to go into this. He urged me to go into it. I still declined. In the meantime, he had secured the signature of Mr. DeWar, of the Georgia Marble Company, to some sort of an agreement. As soon as Mr. Clements, Prfsident of the company, heard of it, he repudiated the agreement, and stated that under no circumstances would his company go into such a scheme. Mr. Harrison, however, went ahead, employed some parties, who went to work to put the matter through the Legislature, relying on Mr. DeWar's signature to force the Georgia Marble Company to pay the whole or part of the expense. He did succeed afterwards in getting a thousand dollars out of Mr. Clements, who was bound to protect the signature of Mr. DeWar, who was his local representative. The lobby went to work, but failed in its scheme, as it should have failed. Since then Mr. Harrison has been bitter against our company. He at one time demanded that we build him a line of road to his quarry. I told him that it would cost $25,000 and we could not afford it. He replied that we built a

1576

JouRNAL OF THE HousE.

branch line to the quarries of the Georgia Marble Company. I showed him that the Georgia Marble Company had paid for their line and built it themselves. He has continually pursued our company.
Since this time I could give you dozens of instances like these. It has been a continual fight amongst us for money all the time. There has never been a stage of proceedings at which the payment of money would not have stopped the whole thing in a single moment. The v~rry minute a suit was started or a bill was introduced in the Legislature, I would be approached to know if I did not want to settle aud stop it.
Sometimes the offer would come straight from the principals themselves.
Sometimes it came from go-betweens, who would name a sum for which they would guarantee to have matters stopped; but it was always a demand for money. This fact was known to my associates in Marietta as well as to myself. Now, we have tried to keep 0ur engagements with the State. We have done it honorably and fairly. Wherever our case has gone before the courts or the Legislature, we have been sustained.
Governor Smith, Colquitt, Stephens and McDaniel have all been our friends. They are intelligent, honest officials, who simply investigated the facts and stood on the right; eon~equently: we have had no trouble with any ofthem.
The Attorney-General has decided always in onr favor, simply bec1use we ask nothing but what is right. The people along our line sustain us because they know that we have done the best we could.
All the attacks that have come on us, all the trouble that has been made, has grown primarily out of men whose names could be called on the fingers of one hand, and these men have fought us simply because we did not pay black- . mail when they demanded it, or go into schemes with them that we believe to be wrong.
This last attack is a piece with all the others, and I have felt it to be my duty to myself, and to the company I rep-

WEDNESDAY, OCTOBER 19, 1887.

1577

resent, and to the people of Georgia, to give these facts to the public that our case may be understood. I have many other facts with which I can elaborate wnat I have said above if it should beaome necessary, but I desire to say no more than self-respect and self-defense demand.
What has been said I submit in full faith to the fairness and intelligence of the people of Georgia.
Was Judge Brown disqualified in these suits? He was not. Here is a copy of his affidavit on that very subject, which was filed with the papers of this last suit by our company.
GEORGIA-f;obb County :
In person appeared before me James R. Brown, who, being sworn, says: That in tl:.e case of .James P. Harrison, vs. The Marietta and North Georgia Railroad Company and Robert U. Hardeman, bill for injunction in Cobb Superior Court, November term, 1886 ; that at the time said bill was sworn to and sanctioned, and at the present time deponent had no personal interest whatever in the subject-matter of said suit; is not related to complainants or respondents; owns no stock in the railroad company ; is related to none of the stockholders of said company, and knows of no reason why he 1s disqualified to preside as Judge in the trial of said case.
JAMES R. BROWN.
Sworn to and subscribed before me October 26th, 188 6.
w. R. MONTGO:IIERY, c. s. c.

How is it that Judge Fain was sought in these suits? I do not know, but think if you would find some of the Perseverance Mining Company, you might get what yon want. Whereupon we looked upon Mr. J. A. Bisaner, and soon found, in talking with him; that we had struck the cause of many crooked things. Mr. Bisaner, it will be remembered, was during the last Legislature the Superintendent of the

1578

JouRNAL oF THE HousE.

Perseverance Mining Company; Mr. James P. Harrison, President". He was familiar with a great many facts about the oolitic limestone controversy and the pending controversies of the Marietta and North Georgia Railroad Company. His information was so startling in its nature that we asked if he would be willing to make an affidavit to the facts. He consented to do so, and we append herewith his affidavit touching these matters:

GEORGIA, Fulton County:
Personally appeared J. A. Bisaner, who on oath swears: That he was Superintendent of the Perseverance Mining Company for James P. Harrison in December, 1884. On the night that the Legislature adjourned, in December, 1884, deponent was in Mercer's hotel with General William Phillips, Judge J. C. Fain and Mr. W. R. Rankin. Yrior to thnt time deponent knew that J.P. Harrison had promised to pay General "\Villiam Phillips money for the purpose of obtaining their services in influencing the Legislature to change the contract for the construction of the State Capitol from oolitic limestone to Georgia marble. The Perseverance Mining Company being owners of large marble quarries, and Mr. Harrison being a large stockholder and the General Manager of the company, deponent had himself made the contract for said company with General Phillips, and deponent had understood that a contract had been made with ,Judge Fain and Mr. Rankin to aid General Phillips and Mr. Harrison in obtaining the legislation referred to. Deponent was frequently present at meetings between Phillips, Rankin and Fain, and at those meetings consultations were not only had about passing the. legislation desired by Mr. Harrison, but also upon the subject of Mr. Harrison's effort to obtain control of the Marietta a,nd North Georgia Railroad. Deponent is not absolutely certain that Judge Fain was present when the Marietta and North Georgia Railroad was in discussion. On the night that the Legislature adjourned, in Decem-

WEDNESDAY, OCTOBER ] 9, 1887.

157~

ber, 1884, deponent was preAent with Phillips, Fain and

Rankin at Mercer's hotel, and was sent by Gen~ral Phil-

lips for Mr. Harrison; the three parties were waiting for

Mr. Harrison at the time. Deponent found Mr. Harrison.

Mr. Harrison came with a roll of money, and handed it to

General Phillips, who divided the money, giving a portion

of it to Judge Fain and a portion to Mr. Rankin, and keep-

ing a portion himself; he also paid deponent fifty dollars

of the money. Deponent understood at the time that this

money was the pay given by Harrison for the services

above referred to.

J. A. BISA:NER.

Sworn to and subscribed before me, this 9th day of Octo

ber, 1886.

WALTER H. RHETT,

Notary Public Fulton County, Georgia.

That on November 8, 1886, the House passed the following resolution, whieh was concurred in by the Senate, to-wit :

WHEREAS, It has been openly charged in the public prints that J. C. Fain, now holding a commission as Judge .of the Superior Courts of the Cherokee Circuit of Georgia, and W. R. Rankin, a former Senator of the State of Georgia, clid, in the month of December, 1884, both of said par ties having been, at that time, and one ot said parties, to-wit: J. C. Fain, being now a public officer, receive and accept from J. P. Harrison, or other person, certain sums of money for and in consideration of services rendered by them in influencing or attempting to influence the action of the Legi!Slature of Georgia in relation to important public matters; and,
WHEREAS, The safety, welfare and good name of the State are involved in such charges, the character and uprightness of her judiciary impeached; and
WHEREAS, The safety of the people of Georgia depends upon the honesty and purity of their public officers; therefore be it
Resolved, by the House of Representatives, the Senate con-

1580

JouRNAL OF THE HousE.

curring, That a joint committee of seven from the House and five from the Senate, be appointed to investigate and report all the facts touching the matters charged, an~l all kindred matters, with such recommendation as said committee may see proper to make as to the future action of the General Assembly in the premises.
Resolvedfurther, That said committee shall have power and authority to subpama witnesses and to employ a stenographic reporter.
On November 1~, 1886, the joint committee met in the Senate Chamber and entered upon the investigation, and continued the same from time to time until December 17, 1886, when the taking of testimony was concluded.
Owing to the request of J. A. Bisaner that furthe, time be granted him to summon other witnesses and to adduce additional evidence to sustain the charges made by him (which, after ample opportunity, he has failed to do); and also to the further fact that the stenographic clerk was delayed in furnishing the transcript of his notes, the testimony being exceedingly voluminous; and to the failure to provide any compensation to the stenographer, and his right to retain possession of the testimony until such compen>:ation was made or assured, the committee has been unable to make an earlier report.
Presenting the same at this time, the committee reports , the following as its findings:
1. That the charges against " J. C. Fain, now holding a commission as Judge of the Superior Courts of the Cherokee Circuit of Georgia, and \V. R. Rankin, former Senator of the State of Georgia," are wholly unsustained by the testimony.
This conclusion of the committee has been reached after a thorough sifting and exhaustive consideration ot the matter, and after summoning every witnes>o from whom there was eren a remote prospect of eliciting any information on the subject, and after the most rigid examination of each witness brought before the committee. .,Vith the cordial approval of Messrs. Fain and Rankin, the committee

~WEDNESDAY, OcTOBER 19, 1887.

1581

did not adhere to the strict rules of evidence obtaining in the courts, but allowed the widest liberty in the examination of all witnesses.
2. It" was also charged, or intimated, in the public prints
that a prominent State official, in violation ot law, had accepted a bond, or bonds, of the Marietta and North Georgia Railroad Company, while holding an office, the holding of which prevented his owning any railroad stocks or bonds.
The committee, on inquiry, ascertained that the official referred to was Col. L. N. Trammell, one of the Railroad Commissioners of the State of Georgia.
Considering itself charged with the investigation of this matter, under the resolution h~ereinbefore recited, the committee made diligent inquiry into these charges, and from the evidence brought before it ascertained the following to be the facts :
That for some professional servrces rendered by Col. Trammell, connected with the Marietta and North Georgia Railroad Company, his clients had offered to him a bond of that company of the denomination of one thousand dollars; that this bond was sent to Mr. Hoke Smith, of Atlanta, to be by him delivered to Col. Trammell ; that this bond remained in the possession of Mr. Smith for a number of months, and when Col. Trammell demanded pay for his professional services, this bond was offered to him ; that he then declined to accept the same in settlement of his fees, for the reason that being a Railroad Commissioner, he was not permitted by law to hold or own any railroad stocks or bonds; and that thereupon he was paid the sum of five hundred dollars in cash ; and the evidence further shows that the bond referred to was taken possession of by the Marietta and North Georgia Railroad Company, after paying Col. Trammell for his services; and further, that this bond was never in the actual possession of Col. Trammell, but that from the time it left the officers of the company until it was returned to their possession, it was in the hands of Mr. Hoke Smith, the attorney of the company.

1582

JouRNAL OF THE HousE.

The committee recommend that 400 copies of the testimony, taken during the investigation, be printed for the use of the General Assembly.
W. l\L HAWKEs, Chairman.
,V. B. BuTT,
D. M. RoBERTS,
T. L. GuERRY,
s. c. LAMPKIN,
Committee on part of the Senate.
S. G. McLENDON, Chairman. CHAS. Z. McCoRD,
R. L. GAMBLE, JR.,
H. s. WEST,
'VILLIAM HARRISON,
w. M. HENRY,
"\V. H. FELToN, JR., ofBibb, Committee on part of the House.

WEDNESDAY, OcTOBF.R 19, 1887.

1583

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

Mr. Speaker :
The Committee on Corporations have had under consideration the following bills of the Senate, which I am instructed to return to the House without recommendation, to-wit:
A bill to incorporate the Georgia Title Insurance, Trust and Guaranty Company.
Also, a bill to incorporate the Atlanta Mortgage Guaranty Company.
Respectfully submitted. WILLIAM HARRISOS, of Quitman, Chairman.
Mr. 'Valker, of Putnam, moved to reconsider the action of the House had on yesterday relating to Senate bill K o. 170.
Mr. Schofield moved to table the motion to reconsider, which motion was lost.
Upon the motion to reconsider, the previous question was called, which call was sustained, and the main question ordered.
The yeas and nays were called for, which call was withdrawn, and the ml)tion to reconsider prevailed.
Upon motion of Mr. Gordon, the action of the House had on yesterday, relating to concurring in Senate amendments to House bill No. 1029, was reconsidered.
Upon motion of Mr. Berner, the action of the House had on yesterday, relating to Senate bill No. 104, was reconsidered.
Mr. Felton, of Bartow, tiloved to suspend the rules for the purpose of taking up Senate bill No. 170 and put upon its passage.
Upon this motion, the yeas and nays were called for, whic,h call was sustained.

158-J-

JouRNAL OF THE HousE.

Upon the call of the roll the following was the result of the vote, to-wit:

Those voting in the affirmative were Messrs.-

Adams of Greene, Hailey, Herner, Blalock, Brady, Branch, Bray, Brown of Cherokee, Brewster, Clay of Walton, Dodgen, Durrance, Evans, Felton of Bartow, Fortner, Fordham, Foute, Griffith, Hand, Harrison of Franklin, Harrison of Quitman, Harper, Harvey,

Harris of Catoosa, Hayes, Henry, Hill of 1\Ieriwether, Hughes, Humphries of Olin(:. Hutchison, Johnson of DeKalb, Johnson of Echols, Kimbrough, Lanier, Little of Talbot,
~Ioye,
JUcCord, :McGarrity, 1\IcKibben, McCleskey, 1\Ic)Iichael, Norris, Olive, Page, Parker, Peeples,

Perkins, Preston, Reynolds, Rountree, Russell of Polk, Shewmake, Simmons, Sims, Smith of Jefferson, Stevens, Stewart of Rockdale, Stovall, Terreil, Veazey, Walker of Floyd, Walker of Putnam, watts, Watson. Williams of Harris, williams of Upson, Wilson. 1Norsham.

Those voting in the negative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Belt. Birchmore, Candler, Chappell, Crawford, Denney, Fagan, Franklin of Fannin, Gardner, Gibson, Greene of Madison, Grindle,

Hale,

Pickett,

"'T Harrell of ebster, Ray,

Holleman,

Rawls,

Howard,

Rich,

Huff,

Russell of Clarke,

Humphries of Brooks, Schofield,

Iler,

Stewart of Marion,

Jones,

Tate,

Kenan,

Thomas,

Kennedy,

Way,

Key,

"\Veil,

Lamar,

West,

Madden,

'Vheeler,

Monroe,

Whelchel,

Nichols,

Wilcox.

Perry,

WEDNESDAY, OCTOBER 19, 1887.

1585

Those not voting were Messrs.-

Black, Brown of Henry, Buchan, Calvin, Cameron, Clay of Cobb, Coggins, Comer, Coney, C.JOk, Darden, DuBose, Duggan, Felton of Bibb, Felton of Macon, Featherston, Franklin of Thomas, Gamble, Gordon. Glenn,

Greene of Clay, Gresham, Hagan, Ham, Harrell of Decatur, Harris of Columbia, Hawkins, Henderson, Hill of Wilkes, Holland, Howell, Hunt, ,Johnson of Screven, Lumsden, Mathews, "1auney; Mills, "Iixon, Morgan, McLane,

McGhee, l\1cLendon, Newton, Pittman, Reid, Reilley, Russell of Chatham, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Stewart of Mitcl<ell, Strickland, Taylor, Vaughn, Vickers, Vining, Whaley, Williams of Jackson, }fr. Speaker.

Yeas 68. Nays 47. Not voting 59.

So the motion to suspend the rules was lost.

Upon motion, the following House bill was taken up, and the Senate amendments thereto were concurred m, to-wit:

A bill to repeal an act to provide for the disposition of fines and forfeitures from cases arising in the County Court of Sumter county, Georgia, approved September 15, 1883.

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 0, to-wit:
A bill to incorporate the Monroe Banking, Loan and Guaranty Company, et0.
Mr. Terrell, chairman of the Committee on Counties and C_onnty Matters, submitted the following report :

.Mr. Speaker:

The Committee on Counties and County Matters have 100.

1586

JolffiNAL oE THE Hous.E.

had under consideration the following bills of the Honse, which I am instructed to return to the Honse with the recommendation that the introducer have leave to withdraw the same, to-wit :
A bill to create a Board of Commissioners of Roads and Revenues and Public Buildings in the county of Baldwin, and for other purposes.
Also, a bill to fix the pay of Jurors, House and Bar Bailiff.<;, Deputy Sheriff." and Deputy Clerks, of Mitchell county.
Also, a bill to amend the act regulating the manner of letting out contracts to build or repair public buildings, bridges, etc., in the several counties of this St'ate.
I am also instructed to return the following bills to the House, with the recommendation that they do not pass, towit:
A bill to authorize Henry D. West, of Campbell county, to peddle without license.
Also, a bill to relieve the city of Savannah from the payment of certain expenses attached to the City Court, and for other purposes.
Also, a bill to amend section 671 of the Code of Georgia, and for other purposes.
Also, a bill to regulate the fees ot Justices of the Peace in Chatham county.
Respectfully submitted. J. M. TERRELL, Chairman.
Thz ollowing message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the followingb ills of the House, by the requisite constitutional majority, to-wi~:
A bill to incorporate the city of Culloden, in the county of Monroe; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to incorporate the Waynesboro Loan and

WEDNESDAY, 00TOBER 19, 1887.

1587

Banking Company; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to authorize the Mayor and Council of the
city of Athens to levy a special tax on the several trades and professions in said city; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to prohibit the sale of liquor within three miles of the Baptist church at Hephzibah, Richmond county; passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate has ;also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Central City Street Railroad Company; passed hy the requisite constitutional majority, yeas 25, nays 0.
Also, a bill to authorize the Mayor and Council of the city of Athens to grade, .pave, macadamize and othenvise improve the streets of said city; passed by the requisite constitutional majority, yeas 23, nays 0.
Also, a bill to amend an act to vest the title to the commons of the city of Columbus in Commissioners; passed by the reqnisite c<mstitutional majority, yeas 25, nays 0.
Also, a bill to amend an act to incorporate the Fulton County Street Railroad Company; passed by the requisite constitutional majority, yeas 23, nays 0.
The Senate has refused to pass the following bill of the House, to-wit:
A bill to authorize the Georgia Electric Mound Improvement Company, now or hereafter to be incorporated by the Superior Court of Taliaferro county, to build branch lines of railroads connecting with other branch lines or with trunk lines.
The Senate has concurred in the following resolution of ,the House, to-wit :
A resolution for the relief of The Mutual Reserve Fund Life Association.

1588

JouRNAL oF' THE HousE.

The Senate has concu~red in the following resolution of the House, as amended, to-wit :
A resolution authorizing the Treas!lrer to pay to the widow of M. W. Hart, deceased, late representative of Troup county, the balance of per diem and mileage which would have been due him for the en~ire season.
Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Mr. Speah1 :

The Committee on Railroads have had under consideration the following bill of the Senate, which I am directed to report back, with the recommendation that it do pass as amended, to-wit:
A bill to incorporate the DuPont, Decatur, Alabama and Florida Air-Line Railroad Company.
I am also directed to report back to the House without recommendation the following bills, to-wit:

Honse bill No. 796, to provide how stock gaps and pri-

vate crossings shall be erected and kept in repair by rail-

roads.

JO

Also, Senate bill No. 121, to amend section 4578 of the

Code of 1882, so as to authorize the running oftrains carry-

ing fruits and watermelons on the Sabbath.

Also, Senate1 bill ;No, 97, to amend the charter of the Marietta andiNorth Georgia Railroad Company.
Also, House:bill No.:992, to require railroads to return their property for taxation by counties.
The committee also:report back the following bills, with the recommendation that the introducers be allo .:ed to withdraw the same, to-wit:

Rouse bill No.:309, to incorporate the Macon, LaGrange and western Railroad Company.
Also, House bill No. 1023 to ratify and confirm certain rights to the Covington and Macon Railroad Company.

WEDNESDAY, OCTOBER 19, 1887.

1589

.Also, Senate bill No. 7, to amend the charter of the Cincinnati, Geo~gia and Florida Railroad Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.
Mr. Gordon, chariman of the Committee on Finance, submitted the following report :

.Hr. Speaker:
The Committee on Finance have had under consideration joint resolution, No. 229, to-wit:
.A resolution allowing the pages and porters of the General .Assembly, fifty cents extra per diem for extra services rendered during the adjourned session, which they instruct me to report back, with a recommendation that it do pass, as amended.
Respectfully submitted. WM. W. GoRDON, Chairman.
By unanimous consent, the following bill was taken up for the purpose of considering Senate amendments thereto, to-wit :
.A bill to amend an act commonly known as the Tax Act of 1887 and 1388.
Upon motion, the House concurred in the Senate amendments; as amended.
Upon motion, 300 copies of the report of the Special Committee appointed to investigate charges against Judge Fain and Mr. Rankin were ordered printed for the use of the House.
Upon motion, 300 copies of the report and accompanying documents of the Special House Committee, appointed to investigate the Lunatic Asylum, were ordered printed for the use of the House.
By unanimous consent, the following resolution was taken up and rearl, to-wit :
.A resolution appointing a commissioner to investigate

1090

JouRNAL OF THE HousE.

and report the advisability of the establi"hment of an mebriate asylum in this State, etc.
:Mr. Veazey moved the adoption of the resolution.
Upon this motion no quorum voted, and upon motion the roll was called to asbertain if a quorum was present.

The roll was called, and the following members answered to their names :

Those present were :Messrs.-

Adams of Elbert, Ashley, Atkinson, Belt, Berner, Birch more, Blac]>, Blalock, Brady, Branch, Brewster, Cameron, Candler, Chappell, Clay of Cobb, Coney, Cook. Crawford, Darden, Dodgen, Durrance; Evans, Fagan, Felton of Bartow, Felton of Bibb, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Green of Clay,

Hand.

Peeples,

Harrison of F1anklin, Perkim,

Harrison of Quitman, Pickett,

Harper,

Pittman,

Harvey,

Pre:,ton,

Hayes,

Rawls,

Henderson.

Reynolds,

Hill of Meriwether, Rich,

Holleman.

Russell of Polk,

Huff:

Schofield,

Humphries of Brooks, Shewmake,

Humphries of Clinch, Simmons,

Hutchison,

Smith of Gwinnett,

Iler,

Stevens,

Johnson of DeKalb, Stewart of Rockdale,

Johnson of Echols, Stewart of Marion,

Jones,

Stovall,

Kenan,

Strick lard,

Key,

Tate.

Kimbrough,

Terrell,

Lam til",

Thomas,

Little of Talbot.

Veazey,

l\Iadden,

walker of Floyd,

Mauney.

Walker of Putnam,

.Monroe,

Watts,

l\Iorgan,

Watson,

l\Ioye,

Way,

McGarrity,

Wei!,

.McKibben,

West,

McCleskey,

Wheeler,

lVIel\Iichael, Newton,

Whelchel, Williams of Harris,

Nichols,

Williams of Upson,

Norris,

Wilcox.

Olive,

Wilson.

WEDNESDAY, OcTOBER 19, 1887.

1591

Griffith, Grindle, Hale,

Page, Parker,

Those absent were Messrs.-

Adams of Greene, Arnheim,

Harrell of De0atur,1 Harrell of Webster,

Bailey,

Harris of Catoosa,

Bray,

Harris of Columbia,

Brown of Henry, , Hawkins,

Brown of Cherokee, Henry,

Buchan,

Hill of Wilkes,

Calvin,

Holland,

Clay of Walton,

Howard,

Coggins,

Howell,

Comer,

Hughes,

Denny,

Hunt,

DuBose,

.Johnson of Screven,

Duggan,

Kennedy,

Felton of Macon,

Lanier,

Franklin of Thomas, Lumsden,

Glenn,

:Matthews,

Green of Madison, l\Iills,

Gresham,

Mixon,

Hagan,

~IcCord,

Ham,

McLane,

Worsham, ~Ir. Speaker.
McGhee,
~IcLendon,
Perry, Ray, Reid, Reilley, Rountree Russell of Chatham, Russell of Clarke, Sims, Smith of Crawford. Smith of Glynn, Smith ot J effersoh, Stewart of Mitchell, Taylor, Vaughn, Vickers, Vining, 'Whaley, 'Williams of .Jackson.

A quorum was found to be present and the resolution .vas adopted.

Mr. Schofield offered the following resolution, which was read and adopted, to-wit :

Resolved, That a copy of each of the reports of the Joint House and Senate and Special House Committee on the Lunatic Asylum be forwarded each member of the House by the Clerk by mail as soon as practicable after adjournment of the Honse, if the same cannot be printed before the House adjourns.

Mr. Huff rose to a question of personal privilege.

The following Senate bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:

V)92

JouRNAL oF THE HousE.

A bill to authorize the Ordinary of Telfair county to sell all insolvent tax ji. fas. belonging to the county.
The following Senate bill was read the third time ; the report of the committee was agreed to ; the proper legal proofs were exhibited, !nd the bill passed by the requisite constitutional majority, yeas 92, nays 2, to-wit:
A bill tor the protection of game and insectiverous birds and birds of song in the county of Telfair, etc.
Mr. Schofield offered the following resolution, to-wit:
Resolved, That the Treasurer of the State be instructed to furnish to the House a list of the members of the Joint Committee to investigate the Dade County Coal Mines, who drew ten dollarb ($10) for same as expenses, during the Fall Session, etc.
Upon motion, the resolution was referred to the Committee on Finance.
The following Senate 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 88, nays 0, to-wit :
A bill defining a contract of fidelity insurance, and to provide for incorporated fidelity insurance companies becoming sureties on bonds required by law, etc.
The following Senate bill was read the third time, and, upon motion, the bill was tabled, to-wit:
A bill to amend section 508 (x) of the Code.
The following message was received from the Senate,
through Mr. w. A. Harris, the Secretary thereof:

M. Speaker :
The Senate has passed the following bill of the House, which I am instructed to immediately transmit to the House, by the requisite constitutional majority, to-wit:
A bill to authorize and empower M. A. Hardin to close up all private ways and roads upon his farm in the 17th

WEDNESDAY, OcTOBER 19, 1887.

1593

district and 3rd section of Bartow county ; passed by the requisite constitutional majority, yeas 23, nays 0.
The following Senate bill was read the third time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A. bill to remove the civil disabilities of William Ammoms and Causamore Herndon Ammons, minor sons of William Ammons, deceased, of Camden county, etc.
The following Senate bill was read the third time ; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost, to-wit :
A. bill to repeal an act to create a Board of Commissioners of Roads and Revenues in the county of Polk, etc.
The following bill was read the third time; the report of the committee was agreed to; upon the passage of the bill the vote was yeas 60, nays 29, so the bill was lost, towit:
A bill to prevent the spreading of hydrophobia in this State, etc.
The following bill was read the third time ; the report of the committee was agreed to, as amen~ed, and the bill passed by the requisite constitutional majority, yeas 88, naysl, to-wit :
A bill to prescribe the duty of Electric Telegraph Companies, as to receiving and transmitting dispatches, etc.
The following House resolution was taken up, and the Senate amendments thereto were concurred in, to-wit:
A resolution authorizing the Treasurer to pay to the widow of Hon. M. W. Hart, deceased, late representative from Troup county, the balance of per diem and mileage which would have been due him for the entire session.
The following Senate bill was taken up for a third reading, to-wit :

1594

JouRNAL oF THE HousE.

A bill to amend the charter of the Marietta and North Georgia Railway Company, etc.
Mr. Schofield moved to table the bill. Upon the motion to table, Mr. Brown, of Cherokee, called for the yeas and nays, which call was sustained. Upon motion, the bill was read again. Mr. Schofield withdrew his motion to table. Upon the passage of the bill the yeas and nays were called for. Pending the consideration oi the bill the House adjourned until 2:30 p. m.

2:30 O'CLOCK, P. M.
The Honse met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum found to be present.
Leave of absence was granted to Messrs. Bray, Olive, Gamble, Buchan, Durrance, Fordham, Fortner, Cameron and Howard balance of session.
Mr. Gordon, chairman of the Committee on Finance, submitted the following report:
Jfr. Speaker :
The Committee on Finance have had under consideration resolution No. 230, which is a resolution to request the Treasurer of the State to furnish at once a list of the members of the Senate and House Committee, who drew $10 for inspecting the Dade County Convict Camp during the Fall Session of the General Assembly, and they instruct me to report back without recommendation.
Respectfully submitted. WM. W. GoRDON, Chairman.
The following message was received from the Senate,
through Mr. W. A. Harris, the Secretary thereof:

WEDNESDAY, OcTOBER 19, 1887.

1595

Mr. Speaker:
The Senate req nests the House to return Senate bill No. 111 for the correction of clerical errors.
Mr. Schofield moved to take up House resolution No. 230, just reported from the Committee on Finance.
Upon this motion the yeas and nays were called for, which call was sustained.
Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Branch, Crawford, Dodgen, Fortner, Foute, Franklin of Fannin,

Hale. Hayes, Holland, Hutchison, Johnson of DeKalb, McGarrity,

Pickett, Preston, Schofield, Shewmake, Wei!, Wheeler.

Those voting in the negative were Messrs.-

Adams of Elbert, Adams of Greene, Atkinson, Bailey, Berner, Birchmore, Blalock, Brady, Brown of Cherokee, Brewster, Chappell, Clay of Cobb, Clay of Walton, Darden,
Durranc~,
Fagan, Featherston,
G'mble, Gibson, Gordon, Griffith, Grindle, Harrison of Franklin,

Harrison of Quitman, Henderson, Hill of }leriwether, Hughes, Iler, Johnson of Echols, Jones, Key, Lanier, Little of Talbot, :Mauney, Moye, McCleskey, McMichael, Nichols, Norris, Olive, Parker, Peeples, Perkins, Perry, Ray, Reynolds,

Rich, Rountree, Russell of Polk, Simmons. Sin1s, Smith of Gwinnett. Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Tate, Terrell, Them as, Vaughn, Veazey, Walker of l<'loyd, Walker of Putnam, \V !ltts, Watson, Whelchel, Williams of Upson, Wilcox, Wilson, Worsham.

1596

JouRNAL oF THE HousE.

Those not voting were Messrs.-

Arnheim, Ashley, Belt. Black, Bray, Brown of Henry, Buchan. Calvin, Cameron, Candler, Coggins, Uomer, Coney, Cook, Denney, DuBose, Duggan, Evans, Felton of Bartow, Felton of Bibb, Felton of Macon, Fordham, Franklin of Thomas. Gardner, Glenn, Green of Clay, Greene of 3Iadison. Gresham, Hagan,

Ham, Hand, Harrell of Decatur, Harrell of Webster, Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Henry, Hill of Wilkes, Holleman, Howard, Howell, Huff, Humphries of Brooks, Humphries of Clinch, Hunt, Johnson of Screven, Kenan, Kennedy, Kimbrough, Lamar, Lumsden. Madden, Mathews, Mills, Mixon, )Ion roe,

Morgan, McCord, McLane, McGhee, McLendon, McKibben, Newton, Page, Pittman, Rawls, Reid, Reilley, Hussell of Chatham, Russell of Clarke, Smith of Cr~twford, Smith of Glynn, Stevens, Stewart of Mitchel Stovall, Strickland, Taylor, Vickers, Vining, Way, Whaley, West, Williams of Harris. Williams of Jackson, Mr. Speaker.

Yeas 18. Nays 69. Not voting87.

Upon the call of the yeas and nays, it was developed that there was not a quorum present.
Upon motion, the roll was called to ascertain if a quorum was present.

The roll was called, and the following members answered to their names :

Those present were Messrs.-

Adams of Elbert, Adams @{ Greene, Ashley, Atkinson, Bailey,

Hand, Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman,

Pickett, Pittmtm, Preston, Ray, Reynolds,

WEDNESDAY, OcTOBER 19, 1887.

1597

Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Cameron, Chappell, Clayof Co~b. Clay of Walton, Crawford, Darden, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow, .!<'elton ot Bibb, Felton of Macon, Featherston, Fortner, Fonte, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon, Griffith, Grindle, Hale,

Harper, Hayes, Henderson, Hill of Meriwether, Holland, Howard, Hughes, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Jones, Kenan, Kenn~dy, Key, Lamar, Lanier, Little of Talbot, Madden, Mauney, }ionroe, l\Ioye, :McLane, JHcGarrity, McCleskey, McMichael, Nichols, .Norris. Olive, Page, Parker, Peeples, Perkins, Perry,

Rich, Rountree, Russell or Clarke, Russell of Polk, Schofield, Shewmake, Simmons, Sims, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Terrell, Thomas, Veazey, Walker of Floyd. Walker of Putrtam, Watts, Watson, 'Vay, Weil, Whaley, West, Wheeler, Whelchel, Williams of Harris, 'Villiams of Upson Wilcox, Wilson, Worsham, Mr. Spealn;r.

Those absent were Messrs.-

Arnheim, Buchan, Candler, Coggins, Comer, Coney, Cook, Denney, DuBose,

Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Henry, Hill of Wilkes, Holleman, Howell, Hufl;

McCord, ::\[cGhee, McLendon, McKibben, ~~ CWLOn. Rawls, Reid, Reilley, Russell of Chatham,

1598

JouRNAL t'l' THE HousE.

Evans, Fordham, Franklin of Thomas, Glenn, Green of Clay, Greene of Madison, Gresham, Hagan, Ham.

Humphries of Brooks, Hunt, .Johnson of Screven, Kimbrough, Lumsden, Mathews Mills, Mixon, Morgan,

Smith of Crawford, Stevens, Stewart of Mitchell, Taylor, Vaughn, Vickers, Vining, Williams of Jackson.

A quorum was found to be present.

Upon the motion to take up the resolution, the yeas and nays had been ordered.

Upon the call of the roll the following was the result of the vote:

Those who voted in the affirmative were Messrs.-

Black, Branch, Crawford, Dodgen, Felton of Bartow, Fortner, Foute, Franklin of Fannin,

Hale, Hayes, Holland, Hutchison, Johnson of DeKalb, Kenan, McGarrity, Pickett,

Preston, Schofield, Shewmake, Veazey, Way, Weil, Wheeler.

Those voting in the negative were Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Atkinson, Bailey, BernPr, Birch more; Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin. Cameron, Chappell, Clay of Cobb, Olay of Walton,

Harrell of Decatur, Harrison of Franklin, Harrison of Quitman, Harper, Henderson, Hill of Meriwether, Hill of Wilkes, Howard, Hughes, Humphries of Clinch, Iler, Johnson of Echols, Jones, Kennedy, Key, Lamar, Lanier, Little of Talbot,

Perry, Pittman, Ray, Reynolds, Rich, Rountree, Russell of Clarke, Russell of Polk, Simmons, Sims, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Thomas, Vaughn,

WEDNESDAY, OCTOBER 19, 1887.

1599

Darden, Duggan, Durrance, Fagan, Felton of Bibb, Felton of Macon, Featherston, Gamble, Gardner, Gibson, Griffith, Grindle, Hand,

Madden, Mauney, Monroe, Moye, McCleskey, McMichael, Nichols, Norris, Olive, Page, Parker, .Perkirls,

Walker of Floyd, Walker of Putnam. watts, Watson, Whaley, West Whelchel, Williams of Harris, Williams of Upson, Wilcox, Wilson, Worsham .

Those not voting were Messrs.-

Arnheim, Belt, Buchan, Candler, Coggins, Comer, Coney, Cook, Denney, DuBose, Evans, Fordham, Franklin of Thomas, Gordon, Glenn, Green of Clay, Greene of Madison, Gresham, Hagan, Ham,

Harrell of Webster, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Henry, Holleman, Howell, Huff, Humphries of Brooks, Hunt, Johnson of Screven. Kimbrough, Lumsden, Mathews, Mills, Mixon, Morgan, McCord,
~1cLane,

McGhee, McLendon, :McKibben, Newton, Peeples, Rawls, Reid, Reilley, Russell of Chatham, Smith of Crawford, Smith of Glynn, Stevens, Stewart of Mitchell, Strickland, Taylor, Terrell, Vickers, Vining, Williams of Jackson, Mr. Speaker.

Yeas 23. Nays 91. Not voting 60.

So the motion to take up the resolution was lost.

Mr. Lamar offered the following resolution, which was read and adopted, to-wit:

A resolution providing for the printing and distribution of the Acts and Resolutions of the session of the General As11embly, held in the year 1887.

Upon motion, the resolution of the Senate requesting the

1600

JouRNAL OF THE HousE.

return of Senate bill No. 111, was taken up and the same concurred in.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report :

Mr. Speaker:
The Committee on General Judiciary has had under consideration the following bills, which the committee instruct<; me to report to the House without recommendation, to-wit :
Senate bill No. 17, to provide for the recording of mortgages and to regulate the effect of failure to record.
Also, Senate bill No.15, to amend section 3910 (a) of the Code of 1882.
Also, Senate bill No. 101, to regulate the practice in cases of new trials in the Superior Courts of this State.
Also, the following House bills, to-wit :
House bill No. 187, to declare where Justices of the Peace and ex-officio Notary Publics shall hold theit; court, etc.
Also, House bill No. :305, to amend section 3554 of the Code.
Also, House bill No. 358, to prohibit fishing in the waters of this State during eertain months.
Also, House bill No. 402, to provide an appraisement law in Georgia.
Also, House bill No. 496, to amend paragraph 2, section 18, article 2, of the Constitution. .
Also, House bill No. 498, to amend section 3554 of the Code of 1882.
Also, House bill No. 521, to amend section 3554 of the Code of 1882.
Also, House bill No. 725, to provide for taking depositions in this State.
Also, House bill No. 727, to regulate the issue of warrants and extraditions in this State, etc.
Also, House bill No. 768, to amend the statute oflimita tions.

WEDNESDAY, OcTOBER 19, 1887.

1601

.Also, House bill No. 825, to lease the Indian Spring Reserve .
.Respectfully submit ted. R. L. BERNER, Chairman.
Mr. Felton, of Macon, chairman of the Committee on .Agriculture, submitted the following report:

Mr. Speaker :
The Committee on Agricultlll"e instructs me to return to the Honse, without recommendation, the following bill of the House, to-wit:
A bill to repeal an act to e~tablish a Department of Agriculture for the State of Georgia.
Respectfully submitted.
w. H. FELTON, Chairman.
Mr. Chappell, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker:
The Committee on Railroads report back the following bill of the House, with the recommendation that it do not pass, to-wit :
A, bill No. 791, to extend the charter of the Western and Atlantic Railway Company.
Respectfully submitted. THos. J. CHAPPELL, Chairman.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :
The Senate herewith returns to the House Senate bill No. 111.
The unfinished business of the morning session was resumed, which was the further consideration of Senate bill No. 97, to-wit:
101

1602

JouRNAL oF THE HousE.

A bill to amend the Marietta and North Georgia Railway Company, etc.
Mr. Atkinson, of Coweta, moved to amend by providing that said Railway Company should not extend said Railroad in the direction of Atlanta. Adopted.
Mr. Tate, of Pickens, moved to amend by granting said railroad the rights and powers to construct and operate branch lines to marble, iron, coal, copper and stone quarries in the counties of Cherokee, Pickens, Gilmer and Fanmn. Adopted.
The report ot the committee was agreed to, as amended; upon the passage of the bill, the yeas were 71 and nays 22; so the bill was lost.
Upon motion of Mr. Gordon, Senate bill No. 111 was taken up.
Upon motion, the House insisted upon its amendment thereto.
Senate bills No. 15 and 17 were, upon motion, tabled.
Senate bill No. 29 was taken up, and, upon motion, the House agreed to recede from its amendment to the same.
By unanimous consent, House bill No. 734 was withdrawn.
The foilowing bill was read the third time, and, upon motion, the same was tabled, to-wit:
A bill to incorporate the Georgia Title, Insurance, Trust and Guaranty Company.
Senate bill No. 101 was taken up, and the same was, upon motion, tabled.
Senate bill No. 121 was taken up for a third reading and the same was, upon motion, ~abled, to-wit:
A bill to amend section 4578 of the Code of 1882.
Mr. Russell, of Clarke, moved to take from]the table Senate. bill No. 115 and put the same upon its passage.
Upon this motion no quorum voted, when the Speaker ordered an yea and nay vote.

WEDNESDAY, OcTOBF.R 19, 1887.

1603

Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene, Ashley, Atkinson, Berner, Birchmore. Blalock, Brady, Brown of Henry, Brewster, Calvin, Cameron, Chappell, Clay of Cobb, Coggins, Coney, Crawford, Darden, Denney, Duggan,_ Fagan, Felton of Bartow, Felton of Macon, Featherston, ioute, Franklin of Fannin, Gamble, Gordon, Griffith, Grindle, Hale,

Harrell of Decatur, Parker,

Harrison of Franklin, Peeples,

Hayes,

Perry,

Hill of Meriwether, Pittman,

Holland,

Ray,

Holleman,

Rawls,

Hughes,

Reynolds,

Huff,

Rich,

Humphries of Brooks, Russell of Clarke

Humphries of Clincn, Russell of Polk,

Hutchison,

Smith of Glynn,

Iler,

Smith of Jefferson,

John~on of DeKalb, Stevens,

Johnson of Echols, Stewart of Rockdale,

Kenan,

Stewart of Marion,

Key,

Tate,

Lamar,

Veazey,

Lanier,

Walker of Floyd,

Little of Talbot.

Watts,

Madden,

Watson,

Mauney,

Way,

Monroe,

Wei!,

Morgan,

Whaley,

Moye,

West,

McCord,

Whelchel,

:McGarrity,

Williams of Harris,

Mc:\Iichael,

Williams of Upson,

Nichols.

Wilcox,

Norris,

'\Vii son,

o;IVn,

Worsham.

Those voting in the negative were Messrs.-

Black, Dodgen, Gibson,

Howard, Page, Perkins,

Hand,

Preston,

Those not voting were Messrs.-

Schofield, Shewmake, Thomas,; Wheeler,

Arnheim, Bailey, Belt, Branch,,

Ham, Harrell of Webster, Harrison of Quitman, Harper.

McKibben, McCleskey, Newton, Pickett,

1604

JouRNAL OJo' THE HousE.

Bray, Brown of Cherokee, Buchan, Candler, Clay of Walton, Comer, Cook, DuBose, Durrance, Evans, Felton of Bibb, Fortner, Forciham, Franklin of Thomas, Gardner, Glenn, Green of Clay, Greene of Madison, Gresham, Hagan,

Harris of Catoosa, Harris ot Columbia, Harvey, Hawkins, Henry, Henderson, Hill of Wilkes, Howell, Hunt, J ohnsor. of Screven, Jones, Kennedy, Kimbrough, Lumsden, :Mathews, lr1i:is, Mixon. McLane, }lcGhee, McLendon,

Reid, Reilley, Rountree, Russell of Chatham, Simmons, Sims,
SJ?ith of Crawford, Smith of Gwinnett, Stewart of Mitchell, tltovall, Strickland, Taylor, Terrell, Vaughn, Vickers, Vming, Walker of Putnam, Williams of Jackson, }[r. Speaker.

Yeas 91. Nays 12. Not voting 71.

So the motion to take from the table prevailed.
The following bill was then read the third time; the report of the committee was agreed to, and the bill passed by the requisite constituti~nal majority, yeas 88, nays 19, to-wit :
A bill to amend section 508 (x) of the Code of Georgia of 1882.
'the following Senate bill was read the third time; the report of the committee, which was adverse to the passage of the bill, was agreed to, and the bill was lost to-wit:
A bill to amend an act entitled an act to amend section 3623 of the Code of 1873, approved September 24, 1879, and codified in the addenta of the Code of 1882.
The following Senate bill was read the third ; the report of the committee was disagreed to; upon the passage of the hill the yeas were 40 and nays 61, so the bill was lost, to- wit:
A bill to amend section 3523 of the Code of Georgia:

WEDNESDAY, OcTOBER 19, 1887.

1605

The following bill was read the third time ; the report of the committee was agreed to ; upon the passage of the bill the yeas and nays were called for, which call was sustained.
Upon the call of the roll of the House the following was the result of the vote :

Those voting in the affirmative were Messrs.-

Adams of Greene, Ashley, Atkinson, Berner, Birchmere, Blalock, Brady, Brown of Henry, Brewster, llalTin, Candler, Chappell, Clay of Cobb, Clay of Walton, Coney, Crawford, Darden, Felton of Bartow, Pelton of Macon, Featherston, Pori11.er, Fordham, Gamble, Gibson, Gordon, Hale, Harrell of Decatur,

Harrell of Webster, Harper, Hill of Meriwether, Hill of Wilkes, Holland, Howard, Huff, Humphries of Brooks, Iler, Johnson of DeKalb, Johnson of Echols, Key, Lamar, Madden, 11-Iathews, Monroe, .Moye, 11-lcCord, McGarrity, McKibben, McCleskey, McMichael, Nichols, Norris, Olive, Peeples, Perkins,

Pittman, Preston, Ray, Rawls, Reynolds, Russell of Clarke, Russell of Polk, Shewmake, Simmons, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Tate, Terrell, Thomas, Veazey, Walker ot Floyd, 'Watts, Way, Wei!, Whaley, Williams of Harris, Wilson, Worsham.

Those voting in the negative were Messrs.-

Branch,

Harris of Catoosa,

Brown of Cherokee, Hayes,

Coggins,

Henderson,

Denney,

Hughes,

Dodgen,

Hutchison,

Fagan,

Kenan,

Franklin of Fannin, Lanier,

Grindle,

Mauney,

Hand,

Page,

Hurrison of Franklin,

Parker, Perry, Pickett, Rich, Schofield, Vickers, West, Wheeler, Whelchel.

1606

JouRNAL OF THE HousE.

Those not voting were Messrs-.-.

Adams of Elbert, Arnheim, Bailey, Belt,

Griffith, Hagan, Ham, Harrison of Quitman,

McGhee, McLendon, Newton, Reld.

Black,

Harris of Columbia, Reil!~y.

Bray,

Harvey,

Rountree,

Buchan, Cameron,

Hawkins, Henry,

Russell of Chatham, Sims,

Comer,

Holleman,

Smith of Crawford,

Cook,

Howell,

Stevens,

DuBose,

Humphries of Clinch, Stewart of Mitchell,

Duggan,

Hunt,

Stovall,

Durrance,

Johnson of Screven, Strickland,

Evans,

Jones,

Taylor,

Feltnn of Bibb.

Kennedy,

Vaughn,

Foute,

Kimbrough,

Vining,

Franklin of Thomas, Little of Talbot,

Walker of Putnam,

Gardner.

Lumsden,

Watson,

Glenn,

:Mills,

Williams ot Jackson,

Green of Clay,

Mixon,

Williams ot Upson,

Greene of Madison. Gresham,

Morgan, McLane,

Wilcox,
. Mr. Speaker.

Yeas 80. Nays 28. Not voting 66.

Not having received the requisite constitutional majority, the bill was lost, to-wit :
A bill to amend paragraph 1, section 1676 of the Code of 1882.

Mr. Pittman, chairman of the committee appointed to draft suitable resolutions on the death of Hon. M. H. Hart, submitted the following report:
Hon. Milledge H. Hart, late member of the House of Representatives from Troup county, was born in Edgefield District, South Carolina, September 22, 1832, and when he was four years old, his father moved to Cusseta, Alabama. There he received his education in the .common schools, and there in 1858, he married Miss Mary E. Harper. In the following winter, he moved to Troup county, Georgia, where he resided at the time of his death, which occurred at his home, near West Point, Sunday morning, October 2, 1887.

'vEDNEsnAY, OcToBER 19, 1887.

1607.

Mr. Hart, se.rved ln. the Confederate army in the war between the State~ with the r:\nk of Captain. For eight

years he served his country as a Commissioner of Roads

and Revenpes and was elected in OctoberJ 1886, as one of.

the nominees of the Democratic party to the present Gen-

eral Assembly. For thirty-five years he was an active and

consistent member. of the Baptist Church. He was a

Mason and was buried with the rites 9f that order. Th~re

fore,

Resolved, by the House . of Representatives, That this

body has heard with profound grief of the death of Hou.

M. H. Hart; the modest, unas;;uming gentleman, the man

Qf sterling worth and the faithful and efficient representa-

tive of the people.

Resolved further, That this House rea1izes that words are

powerless to soothe that sorrow which eomes to a family so

suddenly and so sadly deprived of a kind father and hus-

band; or to lesson the miofortune suflered by Troup county

and Georgia in the loss of a citizen and representative who,

at all times and everywhere, proved himself heave and true.

Resolt,ed further, That the House of Representatives

extend cordial sympathy to hearts saddened by this dis-

pensation of Divine Providence, and that the Clerk be

requested to furnish a copy of these resolutions to the family

Qf the deceased member, and the same be spread upon the

Journal.

Respectfully submitted.

J. H. PITTMAN,

J. M. TERRELL,

A.M. FouTE,

Committee.

Upon motion, the report of the committee was adopted.

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

The Senate has passep the following bills of the House, by the requisite constitutional majority, to-wit:

1608

JouRNAL oF THE HousE.

_A bill to prohibit t~e manufacture and sale of spirituous,

vinous, malt or other intoxicating liquors in the 746th dis-

trict, Georgia Militia, Coweta county, and for other pur-

poses ; passed by the requisite constitutional majority, yeas

24, nays 0.

Also, a bill to incorporate the town of Collinsville, in

DeKalb county; passed by the requisite constitutional

majority, yeas 25, nays 0.

Also, a bill to amend an act to incorporate the Atlanta

and Edgewood Street Railroad Company; passed by the

requisite constitutional majority, yeas 25, nays 0.

Also, a bill to amend an act to incorporate the Georgia

Midland and Gulf Railroad Company; passed by the requi-

site constitutional majority, yeas 25, nays 0.

Also, a bill to amend the charter of the city of Dawson

in Terrell county; passed by the requisite constitutional

majority, yeas 26, nays 0.



Also, a bill to incorporate the Blue Ridge Banking Loan

and Trust Company ; passed by the requisite constitutional

majority, yeas 27, nays 0.

Also, a bill to consolidate, amend ,and supercede the aets

incorporating the town of Lincolnton in the county of

Lincoln; passed by the requisite constitutional majority,

yeas 26, nays 0.

Also, a bill to authorize the Mayor and Aldermen of the

city of Savannah to vest in the Commissioners of Chatham

county and ex-o.ffirJio ,Judges the control of a portion of a

tract of land in the city of Savannah on South Broad and

Abercorn Streets, known as the Old Cemetery, and to au-

thorize the use of the same for the erection of a court

house; passed by the requisite constitutional majority;

yeas 24, nays 0.

Also, a bill to make it illegal to fish with seines in the

Alapaha river and its tributaries in the county of Wilcox;

passed by the requisite constitutional majority; yeas 24,

nays 0.

Also, a bill to prohibit the sale of cotton in the seed

in the county of Monroe or any militia district thereof

WEDNESDAY, 0CTQBER 19, 1887.

1609 -

betwee~ ,!.ugust 1st and February llt, and for other pur-

poses; passed by the requisite constitutional majority;

yeas 24,,nays 0.

.



Also, a bill to amend an act to prohibit the sale of spirit-

uous iiquors, etc., in the county ot .Coweta; passed by the

.requisite constitutional majority; yeas 29, nays 0. Also, a bill to provide a uniform mode ~t procedure in

civil suits; passed by the requisite constitutional majority;

yea8 23, nays 0.

Also, a bill to incorporate the Chattanooga Southern Rail-

way Company; passed by the requisite constitutional major-

ity; yeas 26, nays 0.

The Senate has also passed the following bills of the . House, with certain amendments, .by the requisite constitutional majority, to-wit :

A bill to incorpora,te the Thomasville and Northern Railway Company; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to amend the charter of the Elberton Air Line Railroad Company; passed by the requisite constitutional majority ; yeas 24, n~ys 0.
Also, a bill to amend an act to incorporate the Thomasville and Augusta Railway Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to incorporate the Newton, Morgan and Lumpkin Railroad Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to incorporate the Athens Savings Bank ; passed by the requisite constitutional majority; yeas 29, nays 0.

The Senate has concurred in the following resolutions of the House, to-wit:

A resolution for the relief of Samuel J. Hunt, Tax Collector of Harris county.
Also, a resolution to pay the members uf the Lunatic Asylum Committee.

HHO

JouRNAL oF THE HousE.

Also, a resolution to pay expenses of the Western and Atlantic Railroad Committee.
The Senate has refused to pass the following bills of the House, to-wit :
A bill to create an Advisory Board of Pardons. Also, a bill to provide for the record of executions issuing upon judgments from such courts of this State as are not courh of record, and for other purposes. Also, a bill to extend the public school term in Mitchell county, Georgia, and for other purposes. Also, a bill to authorize Thomas Walton Vickery to peddle without license in certain counties in this State. Also, a bill to provide additional supervision of railroads in this State, and for other purposel'.
The Senate refuses to concur in the House amendments to the following bill of the Senate, to-wit :
A bill to amend an act to incorporate the Savannah and western Railroad Company.
The Senate refuses to concur in the House amendments to, and asks a Committee of Conference on, the following bill of the Senate, to-wit:
A bill defining a contract of fidelity insurance.
Upon motion of Mr. Atkinson, the order of business was changed, and the following Senate bills and resolutions were read the second time, to-wit:
A resolution directing the Governor to transmit to the Librarian of the Georgia Methoclist Historical Society certain documents.
Also, a bill to incorporate the DuPont, Decatur, Alabama and Florida Air-Line Railroad Company.
The House then adjourned until'to-morrow morning at 8 o'clock.

THURSDAY, OCTOBER 20, 1887.

1611

ATLANTA, GEORGIA,
Thursday, October 20, 1887.

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 present, to-wit :

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkinson, Bailey, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, .Jalvin, Candler, Chappell, Clay of Cobb, Clay af Walton, Coggins, Coney, Crawford, Darden, Denney, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Foute,

Harrell of Decatur, Harrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Hawkins, Hayes, Henry, Henderson, Hill of Meriwether, Hill of Wilkes, Holland, Holleman, HowelL Hughes, Humphries of Brooks, Humphries of Clinch, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols, Johnson ofScreven, .Jones, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, Madden, Mathews, Mauney, Mixon, Monroe,

Page, Parker, Peeples, Perkins, Perry, Pickett, Pittman, Preston, Ray, Rawls, Reid, Reilley, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Polk, Schofield. Shewmake, Simmons, Sims, Smith of Crawford, Smith of Glynn, Smith of Gwinnett, Smith of Jefferson, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Floyd, Walker of Putnam, Watson,

1612

JouRNAL OF THE HousE.

Franklin of Fa'lnin, "Gamble, Gardner, Gibson, Gordon; Glenn, Green of Clay, Greene of Madison, Grindle, Hale, Ham, Hand,

Morgan, Moye, McCord, McLane, McGhee, McGa,.rity, McKibben, McCleskey, McMichael, Nichols, Norris, Olive,

Way, Weil, Whaley, West, Wheeler, Whelchel, Williams of Harris, Williams of Upson, Wilson, Worsham. Mr. Speaker.

Those absent were Messrs.-

Cameron, Comer, Cook, DuBose. Evans, Fortner, Fordham, Franklin of Thomas, Gresham, Griffith,

Hagan, Harris of Columbia, Harvey, Howard, Huff, Hunt, Mills, McLendon, Newton,

Russell of Clarke, Stevens, Stewart of Mitchell, Tate, Taylor, Vining, Watts, Williams of Jackson, Wilcox,

Mr. Williams, of Upson, chairman of the Committee on Journals, reported that the Journal had been examined and found correct.

The Journal was then read and approved.

Leave of absence was granted to the following members, to-wit: Messrs. Moye and Jones.
Pending the reading of the Journal, Mr. Simmons gave notice that he would move to reconsider the action of the House had on yesterday so far as relates to House bill No. 702.
Mr. Berner gave notice that he would move to reconsider the action of the House had on yesterday as relates to Senate bill No. 141.
Upon motion of Mr. Simmons, the action of the House had on yesterday, relating to House bill No. 702, was reconsidered.
Upon motion of Mr. Berner, the action of the House had yesterday on Senate bill No. 141 was reconsidered.

THURSDAY, OcTOBER 20, 1887.

1613

The following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit: .
A bill to incorporate the Thomasville and Ty-Ty Railway Company.
Also, a oill to incorporate the Coweta Bank, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to have paved, graded, macadamized or otherwise improve the streets of said city.
Also, a bill to amend an act to vest the title to the commons of the city of Columbus in Commissioners.
Also, a bill to incorporate the Central City street Railroad Company; etc.
Upon motion, Senate bill No. Ill was taken up, and a Committee of Conference ordered to be appointed.
The Speaker announced the following members as the Committee on Conference. on Senate bill .No. 111, to-wit: Messrs. Gordon, Felton of Bibb and Pittman.
The following House bills were taken up and the Senate amendments concurred in, to-wit :
A bill to amend an act to incorporate the Fulton County Street Railroad Company, etc.; approved September 17, 1883.
Also, a bill to incorporate the Thomasville and Northern Railway Company.
Also, a bill to amend the charter of the Elberton AirLine Railroad Company, etc.
Also, a bill to amend an act to incorporate the Thomasville and Augusta Railway Company.
Also, a bill to incorporate the Newton, Morgan and Lumpkin Railroad Company.
Also, a bill to amend an act to incorporate . the Athens Savings Bank.
By unanimous consent, the following Senate bill was taken up and the same read the third time; the committee to which this bill was referred returned the same without recommendation.
Upon the passage of the bill no quorum voted.

1614

JouRNAL oF THE HousE.

The Speaker caused a yea and nay vote to be taken.
Upon the call of the roll the following was the result of the vote, to-wit :

Those voting in the affirmative were Messrs.-

Berner, Blalock, Branch, Brown of Cherokee, Calvin, Candler, Chappell, Darden, Felton of Bibb, Gibson, Glenn, Griffith, Grindle, Hagan, Hale, Hand, Harrison of Franklin, Harrison of Quitman, Hawkins,

Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Hughes, Hutchison, Kenan, Kennedy, Kimbrough, Mauney, Monroe, McLane, )fcGhee, McKibben, McCleskey, McMichael, Nichols, Norris, Peeples,

Pickett, Rountree, Russell of Chatham, Russell of Clarke, Russell of Polk, Shewmake, Sims, Smith of Glynn, Smith of Jefferson, Stewart of Marion, Tate, Taylor, Terreil, Vaughn, Veazey, Watson. Whelchel, Worsham.

Those voting in the negative were Messrs.-

Ashley, Atkinson, Belt. Brady, Coggins, Crawford, Dodgen, Duggan, Fagan, Foute, Franklin of Fannin,

Greene of Madison, Holland, Holleman, Huff, Iler, Key, Little of Talbot,
~ladden,
1\Iixon, Morgan, McGarrity,

Page, Perry, Reynolds, Schofield, Simmons, Smith of Gwinnett, Thomas, Vickers, Walker of Floyd, West, Wilson.

Those not voting were Messrs.-



Adams of Elbert,

Greene of Clay,

Adams of Greene,

Gresham,

Arnheim,

Ham,

Bailey,

Harrell of Decatur,

Birch more,

Harrell of Webster,

Black,

Harper,

Bray,

Harris of Catoosa,

Olive, Parker, Perkins, Pittman, Preston, Ray, Rawls,

THURSDAY, OcTOBER 20, 1887.

1615

Brown of Henry, Brewster, Buchan, Cameron, Clay of Cobb, Clay of Walton, . Comer, Coney, Cook, Denney, DuBose, Durrance, Evans, Felton of Bartow, Felton of Macon, Featherston, Fortner, Fordham, Franklin of Thomas, Gamble, Gardner, Gordon.

Harris of Columbia, Reid,

Harvey,

Reilley,

Henderson,

Rich,

Howard,

Smith of Cr~twford.

Howell,

Stevens,

Humphries of Brooks, Stewart of Mitcl1ell,

Humphries of Cline:. Stewart of Rockdale,

Hunt,

8tovall,

Johnson of DeKalb, Strickland,

,Johnson of Echols, Vining,

.Johnson of Screven, Walker of Putnam,

Jones,

Watts,

Lamar,

vVay,

Lanier,

vVeil,

Lumsden,

Whaley,

~Mathews,

Wheeler,

Mills,

Williams of Harris,

J\foye,

Williams of Jackson,

McCord,

Williams of Upson,

McLendon,

Wilcox.

Newton,

}fr. Speaker.

Yeas 56. Nays 33. Not voting 85.

Not receiving the requisite constitutional majority, the bill was lost, to-wit:
A bill to incorporate the Georgia Title, InRurance, Trust and Guaranty Company, etc.
The following House resolution was taken up, and the Senate amendments thereto were concurred in, to-wit:
A resolution to appoint a commission and make an inventory and appraisement of the State road ; to protect the State property in the same, etc.

Upon motion, the following bill was taken from the table, and the same read the third time.
Mr. Schofield called for the previous question, which call was sustained, and the main question ordered.
The report of the commiteee was disagreed to; upon the passage of the bill, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the following is the result of the vote :

1616

JouRNAL OF THE HousE.

Those voting in the affirmative were Messrs.-

Adams of Elbert, Ashley, Belt. Birchmore, Blalock, Brewster, Clay of Walton, Darden, Griffith, Grindle, Hill of Wilkes,

Holland, Hutchison, Johnson of Echols, Kennedy, Key, Little of Talbot, Mathews, Mauney, Mixon. McLane,

Olive, Pickett, Preston. Russell of Polk, Sims, Stew~trt of Marion, Vickers, Walker of P.utnam, Whelchel, Worsham.

Those voting in the negative were Messrs.-

Adams of Greene, Arnheim, Berner, Brady, Branch, Bray, Brown of Cherokee, Buchan. Cameron, Candler,

Glenn, Hale. Hand, Harrell of Decatur, Harrison of Quitman, Harper, Hawkins, Hayes, Henry, Hill of Meriwether,

Norris, Page, Parker, Peeples, Perkins, Perry, Ray, Rawls, Reynolds, Rich,

Chappell,

Holleman,

Rountree,

Coggins, Coney, Crawford,

Hughes,

Russell of Chatham,

Humphries of Clinch, Schofield,

Iler,

Shewmake,

Denney,

Johnson of DeKalb, Simmons.

Dodgen,

Kenan,

Smith of Gwinnett,

Duggan, Felton of Bartow,

Kimbrough, Lamar,

Smith of Jefferson, Terrell,

Felton of Bibb, Felton of Macon,

Madden, ~Ion roe,

Thomas, Vaughn,

Featherston,

McCord,

Veazey,

Fonte, Franklin of Fannin, Gamble, Gardner,

2\IcGhee, McGarrity, McCleskey, McMichael,

Walker of .!''loyd, Watson, West, Wheeler,

Gibson,

Nichols,

Wilson.

Those not voting were Messrs.-

Atkinson, Bailey, Black, Brown of Henry, Calvin,

Harrison of Franklin, Harris of Catoosa, Harris of Columbia, Harvey, Henderson,

Reilley, Russell of Clarke, Smith of Crttwford, Smith of Glynn, Stevens,

THuRsDAY, OcTOBER 20, 1887.

1617

Clay of Cobb, Vomer,, Cook, DuBose, Durrance, Evans, Fagan, Fortner, Fordham, Franklin of Thomas, Gordon, Green of Clay, Greene of Madison, Gresham, Hagan, Ham, Harrell of Webster,

Howard, Howell, Huff, Humphries of Brooks, Hunt, Johnson of Screven, Jones, Lanier, Lumsden. Mills, Morgan, Moye, McLendon, McKibben, Newton, PUtman, Reid,

Stewart of Mitchel Stewart of Rockdale, Stovall, Strickland, Tate, Taylor, Vining, Watts, Way, Wei!, Wha.ley, Williams of Harris, Williams of Jackson, Williams of Upson, Wilcox, Mr. Speaker.

Yeas 31. Nays 78. Not voting 65.

Not having received the requisite constitutional majority, the bill was lost, to-wit :
A bill to amend section 4595 of the Code of 1882.

Mr. Bray offered the following resolution, which was read and referred to the Committee on Finance, to-wit:

A resolution to pay porters of the Executive and Treasury Departments ten dollars per month extra, etc.

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

Mr. Speaker:

The Senate agrees to the request for a Committee of Conference on Senate bill No. 111, and has appointed as said committee, Senators Brantley, Faver and Atwood.
Also, the Senate requests the return of Senate bill No. 103.
The following message was received from the S:mate, through Mr. W. A. Harris, the Secretary thereof:
102

1618

JouRNAL oF THE HousE.



~Jr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the. Albany and Bainbridge Railroad Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
Also, a bill to incorporate the Catoosa Springs Company with power to construct a railroad; passed by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to better protect the lands and farming interests of the 768th militia district, known as Panhandle District ot Taylor county; passed by the requisite constitutional majority; yea~; 24, nays 0.
The Senate has also passed the following bills of the House by the requisite constitutional majority, with certain amendments, to-wit :
A bill to amend an act to establish a system of public free schools in Athens, Georgia; passed by the requisite constitutional majority, yeas 27, nays 0.
Also, a bill to incorporate the Washington Street Railway Company; passed by the requisite constitutional majority, yeas 27, nays 0.
Also, a bill to incorporate the Macon Suburban Railway, Light and Power Company, of Macon, Georgia; passed by the requisite constitutional majority, yeas 27, nays 0.
Also, a bill to incorporate the Blue Ridge Railruad Company; passed by the requisite constitutional m~ority, yeas 25, nays 0.
Also, a bill to incorporate the Great North and South Railway Company; passed by the requisite constitutional major-ity, yeas 25, nays 0.
The Senate has concurred in the following resolution of the House, to-wit :
A resolution, providing for the printing and distribution of the acts and resolutions of the session of the General Assembly held in the year 1887.

THuRsDAY, OcTOBER 20, 1887:

Hl19

The Senate agrees to the House amendment to the first Senate amendment and recedes from the sixth amendment to the following bill of the House, to-wit :
A bill to make additional appropriations for the years 18R7 and 1888 to supply deficiencies in the several appropriations for the expenses of the Government.
The Sen~te has also concurred in the Senate amendments, as amended, to the following bill of the House, to-wit:
A bill to amend an act, commonly known as the tax act for 1887 and 1881'!.
The following resolution was read the third time ; the report of the committee was agreed to; upon the passage of the bill the yeas and nays were called for, which call was sustained.

Upon the call of the roll the following was the result of the vote:

Those who voted in the affhmative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Atkinson, Bailey, Belt,
Bern~>r,
Birch more, Branch, Bray, Brewster, Calvin. Chappell, Clay of Cobb, Ulay of Walton, Coggins, Crawford, Darden, Dodgen, Duggan, Durrance, Fagan, Felton of Bartow;

Harrison of Franklin, Harrison of Quitman, Hawkins, Hayes, Henry, Hill of Meriwether, Hill of Wilkes, Howell, Hughes, Humphries of Brooks, Humphries of Clinch, Hunt, Hutchison, Johnson of DeKalb, Johnson of Echols, Kenan, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Mauney Mixon,

Page, Parker, Peeples, Perkins, Perry, Pickett, Preston, Ray, Rawls, Reilley, Reynolds, Rountree, Russell of Chatham, Russell of Polk, Schofield, Shewmake, Sims, Smith of Glynn, Smith of Jefferson, Strickland, Taylor, Terrell, Veazey,

16~0

JouRNAL oF THE HousE.

Felton of Bibb, Franklin of Fannin, Gamble, Glenn, Greene of Madison, Griffith, Hale, Ham, Hand, Harrell of Decatur,

McCord, McLane, McGhee. McKibben, McCleskey, McMichael, Nichols, Norris, Olive,

Watson, Way, Weil, Whelchel, Williams of Harris, Williams of Upson, Wilcox, Wilson, Worsham.

Those voting in the negative were Messrs.-

Black, Brady, Brown of Cherokee, Coney, Gibson, Harper, Holland, Jones,

Madden, Monroe, McGarrity, Pittman, Rich, Simmons, Smith of Crawford, Smith of Gwinnett,

Stewart of Marion, Thomas, Vaughn, Walker of Floyd, Walker of Putnam. West Wheeler.

Those not voting were Messrs.-

Adams of Greene, Blalock, Brown of Henry, Buchan, Cameron, Candler, Comer, Oook, Denney, DuBose, Evans, Felton of Macon, Featherston, Fortner, Fordham, Foute, Franklin of Thomas, Gardner,

Gordon, Green of Clay, Gresham, Grindle, Hagan, Harrell of Webster, Harris of Catoosa, Harris of Columbia, Harvey, Henderson, Holleman, Howard, Huff, ller, .Johnson of Screven, Kennedy, Lumsden, Mathews,

~!ills, Morgan, Moye, McLendon, Newton, Reid, Russell of Clarke, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stovall, Tate, Vickers, Vining, \Vatts, Whaley, Williams of Jackson, Mr. Speaker.

Yeas 97. Nays 23. Not voting 54.

Having received the requisite constitutional majority, the resolution passed, to-wit:

A resolution directing the Governor to transmit to the

THURSDAY, OcTOBER 20, 1887.

1621

Librarian of the Georgia Methodist Historical Society certain documents.
By unanimous consent, the following reconsidered Senate bill was taken up and the same read the third time; upon the amendment offered by Mr. Perry, and the paRsage of tlie bill, the previous question was called for, whieh cail was sustained, and the main question ordered.
The report of the committee was agreed to. Upon the passage of the bill, the yeas and nays were called for, which call was sustained.

Upon the call of the rdl the following is the result of the vote:

Those voting in the affirmative were Messrs.-

Adams ef Greene, Berner, Blalock, Branch, Brewster, ()andler, ()lay of Cobb, Clay of Walton, Coggins, Coney, Darden, Denney, Durrance, Felton of Bartow, Foute, Gamble, Gardner, Gibson, "(}lenn,

Hand,

Olive,

Harrison of Quitman, Parker,

Harper,

Peeples,

Hawkins,

Perkins,

Hughes,

Pittman,

Humphries of Brooks, Preston,

Hutchison,

Rountree,

Johnson of DeKalb, Shewmake,

Key,

Smith of Jefferson,

Kimbrough,

Stovall,

Little of Talbot,

Taylor,

Mixon,

Veaze-y,

Moye,

Walker of Floyd.

McCord,

Walker of Putnam,

McLane,

West,

McGhee,

Wheeler,

McGarrity,

Williams of Harris,

McCleskey,

Williams of Upson

McMichael,

Worsham.

Those voting in the negative were Messrs.-

Adams of Elbert, Arnheim, Ashley, Bailey, Belt, Birch more, Black, Brady,,

Henderson, "Hill of Meriwether, Hill of Wilkes, Holland, Holleman, Iler, Johnson of Echols, Kenan,

Russell of Chatham, Russell ot Clarke, Russell of Polk, Schofield, Simmons, Sims, Smith of Crawford, Smith of Glynn,

1622

JoURNAL OF THE HousE.

Brown of Cherokee, Chappell, Crawford, Dodgen, Fagan, Felton of Macon, Franklin of Fannin, Gordon, Green of Clay, Grindle, Hale, Harrell of Decatur, Harrison of Franklin, Monroe,

Kennedy, Mathews Morgan, McKibben, Nichols, Page. Perry, Pickett, Ray, Rawls, Reilley, Reynolds, Rich,

Smith of Gwinnett, Stewart of Marion, Strickland, Tate, Thomas, Vaughn, Vickers, Way, \Veil, Whaley, Whelchel, wilcox, Wilson.

Those not voting were Messrs.-

Atkinson, Bray, Brown of Henry, Buchan, Calvin, Cameron, Comer, Cook, DuBose, Duggan, Evans, ~'elton ot Bibb, .Featherston, Fortner, Fordham, Franklin of Thomas, Greene of Madison, Gresham,

Griffith, Hagan, Ham Harrell of Webster, Harris of Catoosa, Harris of Columbia, Harvey, Hayes, Henry, Howard, Howell, Hufi; Humphries of Clinch, Hunt, Johnson of Screven, Jones, Lamar, Lanier,

Lumsden, l\Iadden, Mauney, Mills, McLendon, 1.'.; eWLOn, Norris, Reid, Stevens, Stewart of Mitchell, Stewart of Rockdale, Terrell, Vining, Watts, Watson, Williams of Jackson, Mr. Speakbr.

Yeas 57. Nays &5. Not voting 52.

Not having received the requisite constitutional majority. the bill:was lost, to-wit:
A bill:to change the manner of granting license for the sale of spirituoul' liquors, as contained in sectio~ 1419 of the Code of 1882, as amended, by an act, approved Decemher 22, 1884, and also amended by an act, approved October 16, 1885, etc.
The following message was received from the Senate through Mr. W. A. Harris, the Secretary thereof:

THURSDAY, OcTOBER 20, 1887.

1623

Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to establish a system of public schools of the town of Washington; passed by the requisite C?nstitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the Planters' Bank of Ellaville, Schley county; passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bill to incorporate the Blue Ridge and Atlantic Railroad Company; passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate has also passed the following bill of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to authorize the Mayor and Council of the city of Athens, to lay and construct drains and sewers in said city, and for other purposes; passed by the requisite constitu tiona! majority, yeas 24, nays 0.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

Mr. Speaker :
The Seuate has concurred in the following resolution, and asks the concurrence of the House therein, to-wit:
A resolution authorizing the President of the Senate, Speaker of the House, Secretary of the Senate, Clerk of the House, Chairmen of the Committees of Enrollment on the part of the House and Senate, and three members of said committee from the Senate and four from the House, and the chairman and two members of the Auditing Committee of each Hou~e to remain over certain days to bring up the unfinished business of the present session of the General Assembly.
The Senate has concurred in the following resolution of the House, to-wit :

1624

JouRNAL OF THE HoL"sE.

A resolution authorizing payment of last semi-annual interest on certain bonds of this State.
Mr. Calvin, chairman of the Committee on Education, submitted the following report :

Jltr. Speaker :
The Committee on Education instructs me to return to the House, the following bills of the House, without recommendation, to-wit:
A bill to amend section 127~ of the Code of 1882. Also, a bill to provide for State institutions for ti1e more thorough training of teachers, and for other purposes. Also, a bill to amend the ehafter of the city of Waycross, and for other purposes. Also, a bill to provide for the holding of teachers' institutes annually, in this State, and for other purposes. 1 Also, a bill to amend the charter of the University of Georgia, so as to abolish the Board of Trustees, and to provide for a Board of Regents instead, and for other purposes. The following bills of the Senate are also returneil to the House, without recommendation, to-wit:
A bill to amend an act to perfect the public school system and to supersede existing laws approved August 23d, 1872.
Also, a bill to alter and amend section 1257 of the Code of 1882, and for other purposes.
Also, a resolution memorializing Congress to distribute the surplus in the treasury among the several states for common school purposes, and for other purposes.
Respectfully submitted. MAR'IIN V. CALVIN, Chairman.

Mr. Terrell, chairman of the Committee on Counties and County Matters, submitted the following report:

~lfr. Speaker: The Committee on Counties and County Matters have

THURSDAY, OCTOBER 20, 1887.

1625

had under consideration the following bill of the Senate, which I am instructed to report back to the House with the recommendation that it do not pass, to-wit :
A bill to prevent the running at large of stock in Crawford county, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.

Mr. Gordon, chairman on the part of the House of the Joint Confer{)nce Committee on Senate bill No. 111, amending the act incorporating the Savannah and Western Railroad Company, approved October 9, 1885, submitted the following report, to-wit :

Mr. Speaker :

The Joint 0onference Committee appointed to consider

the House amendment to Senate bill No. 111, recommend

that the House recede from its amendment.

w w. ~r.

GoRDoN,

Chairman on the part of the House.
w. G. BRANTLEY'

Chairman on the part of the Senate.

Upon motion, the report of the Conference Committee on Senate bill No. Ill was taken up and adopted.
The following Senate bill was read the thi1d time ; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority; yeas 96, nays 0~ to-wit :
A bill to require and provide for the registration of all voter~ in the county of Morgan, etc.
Upon motion, House bill No. 103 was ordered to be returned to the Senate, in compliance with a request from the Senate.
The following message was received from the Senate, through Mr. W. A. Harris, the Secretary thereof:

1626

JouRNAL oF THE HousE.

Jfr. Speaker :

The Senate has adopted the report of the Conference Committee upon Senate bill, to-wit:

A bill to amend an act to incorporate the Savannah and \Vestern Railroad Company.

Mr. Duggan, chairman of the Committee on Enrollment

submitted the following report:

'

Mr. Speaker:

The Committee on Enrollment reports as duly enrolled, and ready for the signatures of the Speaker of the House and President of the Senate, the following acts, to-wit:
An act for the protection of game, etc., for the county of Montgomery.
Also, an act to incorporate the Progress Loan, Improvement and Manufacturing Company, etc.
Also, an act to incorporate the town of Cornelia, in Habersham county.
Also, an act to incorporate the Columbus and Gulf Navigation Company.
Also, an act to prohibit hunting or fishing on the lands of another in \Vayne county, without the consent of the owner.
Also, an act to amend an act entitled an act to provide . for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, approved, February 20, 1873, so far as the same relates to Thomas county, etc.
Also, an act to amend the charter of the Atlanta Home Insurance Company, etc.
Abo, an act to appropriate the sum of two hundred dollars to pay Emmett Barnes for services.
Also, an act to amend an act entitled an act to establish in the county of Richmond a Reformatory Institute, etc.
Also, an act to amend an act to require and provide for the registration of all the voters in the counties of Floyd, , McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkin-

THURSDAY, OCTOBER 20, 1887.

1627

son, Greene, Washington, etc., so far as the same relates to the county of Floyd.
Also, an act to amend an act entitled an act to provide a Board of Assessors of real and personal property, subject to taxation, for the .county of Richmond; approved October 15th, 1885, etc.
Also, a resolution releasing M. C. Martin, stfrety on the penal bonds of Henrietta Thomas and Warren Dennis.
Also, a resolution to appropriate the sum of one hundred and fifty dollars to pay John M. Graham for servives as stenographer.
Also, an act to amend an act entitled an act to incorporate the town of Montezuma, in the county of 1\-facon, etc., approved October 12, 1870.
Also, an act authorizing the Board of County Commissioners of Mitchell county to submit to the qualified voters of said county the question of is!'uing bonds to pay for a court house.
Also, an act to amend the charter ot the Atlanta and Hawkinsville Railway Company, etc.
Also, an act to make the sheriff of Decatur county exofficio sherifl of the County Court of said county.
Also, an act to amend an act entitled an act to consolidate, amend and codify the various acts incorporating the city of Rome, approved September 25, 1883, etc.
Also, an act to require the registration of the voters of Richmond county.
Al~m, an act to authorize and empower the Commissioners of Chatham county and ex-officio Judges, to sell the site of the present court house of Chatham county, etc.
Also, an act for the .relief of the estate of A. P. Dearing, of Clarke county, Georgia, deceased, and to provide for the payment by the State of certain bonds.
Also, an act to authorize and emptJWet the City Council of Fort Gaines to purchase or build a hridge across the Chattahooehee River at Fort Gaines, etc.
Also, an act to amend an act incorporating the town of

1628

JouRNAL l'l'' THE HousE.

Valdosta, in the county of Lowndes, approved December 7, 1860, etc.
Also, an act to prescribe for the registration of the legal voters of Laurens county, etc.
Also, an act to authorize the Town Council of Elberton to issue bonds ~or the purpose of erecting and equipping public school buildings in said town, etc.
Also, an act to incorporate the town of Blue Ridge. Also, an act to incorporate the Atlanta Savings, Loan and Trust Company. Ah;o an act to incorporate the town of Sugar Valley, in the county ot Gordon, etc. Also, an act to amend the registration laws of Wilkinson county. Also, an act for the protection of game and birds in Troup county, etc. Also, an act to amend an act entitled an act to establish a City Court in the county of Bartow. Also, an act to relieve J. Y. Hill, surety on the penal bond of Berrien Davis. Also, an act to regulate the fees of the Solicitor of the County Court of Walton, etc. Also, an act to provide a new charter incorporating t.he town of Tennille, in the county of Washington. Also, an act to amend an act to incorporate the town of Rising Fawn in the county of Dade, etc. Also, an act to provide for the registration of the qualified voters of Worth county, etc. Also, an act to amend an act entitled an act to establish the City Court of Macon in the county of Bibb, etc. Also, an act to provide for the payment of bond No. 349 of the State of Georgia, issued under the act of the Legislature approved 12th January, 1852, and of the coupons due thereon. Also,. 'ln act to abolish the County Court of Upson county. Also, an act to prohibit the manufacture of spirituous liquors from corn, wheat, rye or other grain in the county of Fayette, etc.

THURSDAY, OcTOBER 20, 1887.

1629

Also, an act to amend section 2,040 of the Code of Georgia oi 1882, which relates to property exempt from levy and sale.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grove Academy, in \Valton county.
Also, an act to prohibit the manufacture of distilled spirits of all kinds, except domestic wine made from grapes or berries, within the limits of the county of Clayton.
Also, an act to amend the charter of the city of Atlanta, so as to authorize the Mayor and General Council of said city, now in office, to increase the salaries of the Tax Receiver and Collector and Recorder and Auditor of said city for the present term, at $1,800 per annum each.
Also, an act to fix the pay of jurors serving in cases of lunacy.
Also, an act to amend section 10 and 14 of an act entitled an act to estaolish a City Court in the county of Floyd, approved September 27, 1883, etc.
Also, an act to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877, and the amendment thereto.
Also, an act to provide for the appointment of a Board of Examiners for engineers operating stationary engines in Fulton county, etc.
Also, an act to amend an act entitled an act to organize a Board of County Commissioners for the County of Gordon.
Also, an act to repeal an act entitled an act to prohibit the levy llnd collection of any taxes on any lands within the corporate limits ot the city of Newnan, which are kept exclusively for agricultural purposes, etc., approved March 2, 187 4.
Also, an act to amend an act entitled an act to prohibit the sale of intoxicating liquors in the county of Pike, etc.
Also, an act to amend an act entitled an act to establish a City Court in the county of Bartow, approved October 10, 1885, etc.

1630

JouRNAL OF THE HousE.

Also, an act to ratify and confirm a charter obtained by

the Florida Midland and Georgia Railroad Company on the 20th day of February, 1884.

Also, an act to incorporate the Connasauga Canal and

Manufacturing Company of Gordon county.

Also, an act to amend the second section of an act incor-

porating the town of Villa Rica, in Carroll county, approved September 13, 1883.

Also, an act to amend an act entitled an act to constitute

the Judge of the City Court in the county of Richmond exo.fficio commissioner of roads and revenues, etc.

Also, an act to prohibit the manufacture and sale of dis-

tilled liquors within three miles of Gillsville Baptist

(;burch, in Banks county.

Also, an act to incorporate the Midland Telegraph Com-

pany.



Also, an act to prohibit the manufacture, sale, etc., ot

spirituous liquors in the county of DeKalb.

Also, an act to prohibit the killing of wild turkeys and

deer at certain seasons of the year in Habersham county.

Also, an act to prevent the hunting, killing and taking of

deer and wild turkeys in the county of White during cer-

tain seasons.

Also, an act to amend the charter of the City and Sub-

urban Railway of Savannah, Georgia.

Also, an act to require the County Board of Education

of Upson county to use the Starr School of Thomaston for

furnishing common school privileges to the colored youth

of the community of Thomaston, etc.

Also, an act to relieve Thomas Davis, Sr., surety on the

penal bond of George W. Davis.

Also, an act to prevent the running at large in Lee county,

Georgia, of all horses, mules, cattle, etc.

Also, an act to amend an act entitled an act to establish

a City Court in the county of Richmond. Also, an act to repeal an act entitled an act to chang~

the line defining the corporate limits of the city of Newnan.

THURSDAY,


OcTOBER

20,

1887.

1631

Also, an act to authorize the Town Council of Millen to levy a tax for school purposes, etc.
Also, an act to provide compensation for all managers and clerks of general and special elections held in McDuffie

county. Also, an act to prohibit the making or selling of intoxi-
catiug liquors wrthin three miles of Midway Methodist Church, in Banks county.
Also, an act to authorize the Mayor and Council of Dublin to appropriate any moneys, arising from licenses to sell liquors, to the support of schools, etc.
Also, an act to prohibit the sale of spirituous liquors within three miles of the Methodist Protestant Church at Jersey, "\\~alton county, etc.
Also, an act to define and restrict the corporate privileges heretofore granted to t4e First Presbyterian Church of Augusta as to the creation of debts, etc.
Also, an act to abolish the County Court of Coweta, etc. Also, an act to incorporate the Piedment Savings Bank of Atlanta. Also, an act to amend an act entitled an act to establish a City Court in the county of Bartow, approved October 10, 1885, etc. Also, an act to prescribe the time of holding the Superior Courts of the Macon circuit. Also, a resolution to discharge from the Lunatic Asylum Bunk Gunn, of Houston county, and Jack Adams and George Johnston. Also, a reeolution to require the Governor to instruct the Attorney-General to examine into the transfer of certain rights to the Western Union Telegraph Company. Also, an act to make it unlawful to transport seed cotton in or from the county of Harris or from one place to another in said county between the hours of sunset and 'sunrise, etc. Also, an act to incorporate the Albany, Cuthbert and Western Railroad Company, etc.

1632

JouRNAL oF THE HousE.

Also, an act to amend an act entitled an act to establish a

City Court in the city of Carrollton.



Also, an act to require the County Commissioners of

Fulton county to surrender the amount of funds now in

the hands of County Treasurer arising from the sale of

fence'J, etc.

Also, an act for the protection of bijjds and other game

in Newton county.

Also, an act to incorporate the Tallapoosa Male and

Female College.

Also, an act to incorporate the Traders' Bank of Atlanta,

Georgia.

Also, an act to incorporate the Metropolitan Street Rail-

way Company of Macon.

Also, an act to alter and amend the registration act for

Floyd and other counties, app:oved October 3, U!85, so far

as the same applies to the county of Oglethorpe, etc.

Also, an act to exempt fifty members of the Clarke Light

Infantry from jury duty.

Also, an act to prohibit the sale of spirituous liquors

within three miles of Bethlehem Academy, in Walton

county.

Also, an act to incorporate the town of Hillman, in the

county of Taliaferro, etc.

Also, an act to incorporate the North Georgia and St.

Andrews' Bay Railroad Company.

Also, an act to alter and amend an act entitled an act to

incorporate the Planters' Loan and Savings Bank, approved

October 27, 1870, etc.

Also, an act to establish a system of public schools for the

town of Waycross, etc.

Also, an act to amend an act to change the charter of the

town of Conyers, to that of a city, approved August 24,

1881, etc.

Also, an act to amend the registration law of Lowndes

county.

Also, an act to prohibit the manufacture of spirituous

liquors in Campbell county.

THURSDAY, OCTOBER 20, 1887.

1633

Also, an act to prevent the running at large of all horses, etc., in Crawford county, north of the Old Wire Road, running from Macon through Knoxville to Columbus.
Also, an act to exempt one hundred and tweuty-five members of the Atlanta Rifles from jury duty.
Also, an act to incorporate the Mutual Loan and Banking Company.
Also, an act to incorporate the Savannah, Vernonberg and Rosedew Railroad Company.
Also, an act to require and provide for the registration of voters of the county of Burke.
Also, an act to amend an act entitled an act to incorporate the Atlanta Loan and Banking Company.
Also, an act to incorporate the Merchants and Mechanics Banking and Loan Company of Atlanta.
Also, an act to require and provide for the registration of the legal voters of Thomas county, etc.
Also, an act to repeal an act entitled an act to provide for the disposition of fines and forfeitures from cases arising in the County Court of Sumter county, approved September 15, 1883.
Also, an act to authorize the Mayor and Council of the city of Athens to open, lay out, widen, straighten or otheewise change streets, etc.
Also, an act to authorize the County Commissioners of Greene county to relieve Miles G. Copeland, formee Tax collector of said county, etc.
Also, an act for the relief of D. H. Hubbard, Tax Collector of Polk county.
Also, a resolution for the relief of Samuel J. Hunt, Tax Collector of Hanis county.
Also, an act to amend the charter of the town of Ellijay. Al!>o, an act to incorporate the Southern Phamix Insurance Company. Also, a resolution to pay expenses of the Western and Atlantic Railroad Committee.
103

1634

JouRNAL m THE HousE.

Also, a joint resolution to pay members of the Lunatic Asylum Committee.
Also, an act to continue in force an aot entitled an act to incorporate the Georgia Insurance Company, approved December 20, 1860.
-\..lso, an act to amend an act, approved October 28, 1870, entitled an act to incorporate the towh of Cairo, in Thomas county, etc.
Also, an act to amend section 2971 ofthe Cod'e of 1882, to give rights of action to husband, children or any legal representative of any female in case of homicide occasioned by any milroad company "r corporation, etc.
Also, an act to prohibit the sale of spirituous liquors within three miles of Salem Baptist Church, in Gordon county.
Respectfully submitted. IvY W. DuGGAN, Chairman.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. 6peaker:
The Governor has approved and "igned the following acts, to-wit:
An act ~o exempt seventy members of the Richmond Hussar Military Company of Augusta from jury duty. .Also, an act to define what is posting lands when required by any general or local law of this State.
Also, an act to req~ire the owners of horses, mules, hogs, cows, sheep, goats and cattle and stock of all kinds to prevent the same from running at large upo.n the lands of another, whether enclosed or unenclosed, in the 672d, 782d, 1186th, 696th and 717th districts of Harris county, etc..
Also, an act to amend an act to incorporate the BrunsStreet Railroad Company, etc.
Also, an act to settle and define the county lines in this State, where differences may exist between counties as to

THURSDAY, OcTOBER 20, 1887.

1635

the boundaries thereof; to provide for the establishment of the disputed line, etc.
Also, an act to amend an act to ipcorporate the Rome and Northeast Railroad Company, etc.
Also, an act to change the time of holding the Superior Court in Burke county.
Also. an act to make it unlawful to prevent or attempt to prevent any person or persons from engaging in, remaining in o.r performing the business, labor or duties of any lawful employment, or occupation; to provide a punishment therefor, and for other purposes.
Also, an act to incorporate the Montezuma Steamboat Company.
Also, an act to authorize and require the registration of all voters in the county oi Meriwether in this State, and for other purposes herein contained.
Also, an act to amend section 3,322 of the Code of Georgia.
Also, an act to incorporate the Title Guarantee and Loan Company of Savannah.
Also, an act to amend an act to establish the City Comt of Macon in and for the cotmty of Bibb.
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 88, nays 4, to-wit:
A bill to rrovide for the levy and sale of personal property for purchase money, where the title to the same is retained in the vendor.
The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, an~ the bill passed by the requisite constitutional majority ; yeas 93, nays 0, to-wit :
A bill to amend an act, approved September 22, 1881, prohibiting the sale of spirituous liquors in the county of Wilkinson.
The following bill was read the third time; the report of

1636

JouRNAL OF THE HousE.

the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 89, nays 6, to-wit:
A bill to amend section 4251 of the Code of Georgia.
The following bill was read the third tiwe; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 88, nays 14, to-wit :
A bill to amend section 4570 of the Code of Georgia.
The following bill was read the third time; the report ot the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, to-wit:
A bill to incorporate the Gainesville and Columbia Railroad Company.
The Joint Committ~e of the House and Senate, submitted the folio .ving report:

Mr. Speaker :
The Joint Committee to whom was referred the duty of reporting whether an election for Judge and Solicitor of the Stone Mountain Circuit, was necessary at this session, beg leave to report, to-wit :
In view of the fact that Hon. Richard H. Clark was elected Judge of an irregular circuit, which, under the decision of the Supreme Court, in the analogous case of \Velborn vs. Estes, was to be treated as an election to fill a vacancy, and this vacancy only expires at the next regular election of the class of circuits to which the Stone Mountain Circuit belongs on January I, 1889, we r2port that no election or Judge of said Circuit is to be held at this session.
But the same constitutional provision as to preserving the equality of Solicitors as to the time of their election does not obtain. Solicitors are not elected in equal classes, and the Legislature can assign them to one class or another without reference to the equality thereof, and it was competent for the Legislature to assign the Solicitor of the Stone Mountain Circuit to that class to be elected in No-

THURSDAY, OcTOBER 20, 1887.

1637

vember, 1886, and we, therefore, report that vacancy exist~

in the office ot Solicitor of the Stone Mountain Circuit.

Respectfully submitted.

W. B. BuTT,
w. G. BRANTLEY,

Committee on part of the Senate.

R. L. GAMBLE, JR.,

J. R. LAMAR,

Committee on part of the House.

I dissent from the above report.

wELBORN BRAy.

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

Mr. Speaker : The Senate has passed the following bills of the House
by the requisite constitutional majority, to-wit:

A bill to amend an a~t to provide for the registration of the legal voters of Dodge county; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend an act to incorporate the West End and East Point t!treet Railroad Company; passed Ly the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to amend an act to incorporate the town of Jug Tavern; Pl>Sed by the requisite constitutional majority; yeas 26, nays 0.

The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Alabama and Midland Railway Company; passed by the requisite constituti()nal majority ; yeas 25, nays 0.

The Senate has refused to pass the following bill of the House, to-wit :

A bill to amend an act to prohibit the sale and and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren, etc.

1638

JouRNAL OF THE HonsE.

The Senate has concurred in the House amendments t(} the following bill of the Senate, to-wit:
A bill defining a contract of fidelity insurance, and for other purposes.
The following bill was read the third time; upon agreeing to the report, as amended, and the passage of the bill, the previous question was called, which call was sustainedr and the main question ordered; the report of the committee was agreed to, as amended, and the bill passed, as amended, by the requisite constitutional majority, yeas 100, nays 5, to-wit :
A bill for the protection of the oyster and clam fisheries in the waters of the State of Georgia; to prohibit the catching or taking ot oysters at certain seasons, etc.
House bill, No. 654, was taken up for the purpose of concurring in the Senate amendments, and was, upon motion, tabled.
The following bill was taken up and the Senate amendment.,; thereto were concurred in, to-wit:
A bill to incorporate the Blue Ridge Railroad Company; to define its powers, etc.
Also, a bill to incorporate the Macon City and Suburban Railway, Light and Power Company of Macon, Georgia.
Also, a bill to incorporate the A1abama Midland Railway Company.
Also, a bill to incorporate the Great North and South Railway Company.
Also, a bill to incorporate the Washington Street Rail way Company, etc.
Also, a bill to amend an act to establish a system of public free schools in the city of Athens, etc.
'Phe following bill was read the third time; the report of the committee was agreed to; upon the passage of the bill the previous question was called, and the main question ordered, and the bill passed by the requisite constitutional majority, yeas 89, nays 7, to-wit:

THURSDA v, OcTOBER 20, 1887.

1639

A bill to prescribe a remedy for supplying the defects and inconveniences arising from th!:) loss or mutilation of any of the public records in any county of this State; to provide for the procuring of copies thereof as near as may be to make sw:!h copies evidence in all respects just as the original records would have been, and fot other purposes.
The House then adjourned until 2:30 p. m.

2:30 O'cLocK, r. M.
The House met pursuant to adjournment and was called to order by the Speaker.
The roll was called and a quorum was found to be present.
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 0, to-wit:
A bill to amend an act entitled an act to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes, approved October 13, 1885, etc.
The following Senate bill was read the third time, the report of the committee was agreed to, the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 88, nays O, to-wit:
A bill fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county, approved February 23, 1876.
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 88, nays 0, to-wit :
A bill to incorporate the DuPont, Decatur, Alabama and Florida Air-Line Railroad Company.

1640

JouRNAL OF THE HousE.

The following bill was read the third time; the report of the committee was agree.d to; upon the passage of the bill the yeas were 80, nays 13, so the bill was lost, to-wit:

A bill to amend section 1486 of the Revised Code of Georgia of 1882.

The following reconsidered Senate bill was taken up for consideration, to-wit:

A bill to allow the city or town which contains the court house in each county that has or may hereafter prohibit the sale of intoxicating liq nors, etc., to keep on hand and supply residents of such county spirituous, vineous or malt liquors for medicinal and sacramental purposes, etc.
U pen motion, the bill was tabled. Mr. Felton, of Bartow, moved to take the bill from the table. Upon this motion, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting in the affirmative were Messrs.-

Belt, Beruer, Blalock, Brady, Bray, Brown of Henry, Brown of Cherokee, Brewster, Olay of Cobb, Clay of Walton, t:oney, Darden, Denny, . Duggan, Felton of Bartow, Featherston,

J<'oute, Harrisou of F1anklin, Harrison of Quitman, Harper, Harvey, Hawkins, Hayes, Henry, Hill of Meriwether, Hunt, Johnson of DeKalb, Johnson of Echols, ,Johnson of Screven, Matthews, l\loye, McLane,

Parker, Perkins, Preston, Rountree Russell of Polk, Shewmake, Smith of Jefferson, Terrell, Vaughn, Veazey, Walker of Floyd, Walker of Putnam, Williams ot Harris, Williams of Upson, Worsham.

Those voting in the negative were Messrs.-

Adams of Elbert, Arnheim,

Hand. Harrell of Decatur,

Perry, Pickett,

THURSDAY, OCTOBER 20, 1887.

1641

Ashley, ,c\.tkinson, Branch, Calvin, Candler, Chappell, Coggins, Crawford, Dodgen, Durrance, Fagan, Felton of Bibb, Felton of Macon, Franklin of Fannin, Gamble, Gibson, Grindle, Hale, Ham,

Harrell of Webster, Pittman,

Holland,

Ray,

Hughes,

Rawls,

Humphries of Brooks, Reilley,

Iler,

Reynolds,

Jones,

Rich,

Kenan,

Russell of Chatham,

Kennedy,

Russell of Clarke,

Lanier,

Schofield,

Madden,

Sims,

Mauney.

Stewart of ~larion,

Monroe,

Thomas,

)!organ,

Vickers,

McGarrity,

Weil,

McKibben,

Wes.t.

McMicha'll,

Wheeler,

Nichols.

Whelchel,

Page,

Wilson.

Those not voting were Messrs.-

Adams of Greene, Bailey, Birchmore, Black, Buchan, Cameron, Comer, Cook. DuBose, Evans. Fortner, Fordham, Franklin of Thomas, Gardner, Gordon, Glenn, Green of Clay, Green of Madison, Gresham, Griffith, Hagan, Harris of Catoosa,

Harris of Columbia, Olive,

Henderson.

Peeples,

Hill of Wilke~,

Reid,

Holleman.

Simmons,

Howard.

Srnitl:t of Crawford.

Howell,

Smith of Glynn,

Hull:

Smith of Gwinnett,

Humphries of Clinch, Stevens,

Hutchison,

Stewart of Mitchell,

Key,

Stewart of Rockdale,

Kimbrough,

Stovall,

Lamar,

Stricklar,d,

Little of Talbot.

Tate,

Lumsden,

Taylor,

Mills,

Vining,

Mixon,

Watts,

McCord,

Watson,

McGhee,

Way,

McLendon,

Whaley,

McCleskey,

Williams of .Jackson.

Newton,

Wilcox.

Norris,

Mr. Speaker.

Yeas 47. Nays 61. Not voting 66.

So the motion to take from the table was lost.

11J42

JouRNAL oF THE HousE.

The following House bill was taken up and the Senate amendments thereto were concurred in, to-wit :
A bill to authorize the Mayor and Councii of the city of Athens to lay and construct drains and sewers in said city; to authorize the taking of private property for such purposes, etc.
Mr. McCord, chairman pro tern. from the Joint Special Committee, on the Marietta and North Georgia. Railroad, submitted the following report:

.tlr. Speaker :
The Joint Committee of the General Assembly to whom was referred certain resolutions touching a resolution passed by the last Legislature, providing for the cancellation and delivery to the Marietta and North Georgia Railroad Company, of the bonds of said company held by this State upon compliance by said railroad company, with the terms and conditions therein expressed, beg leave to report, to-wit:
That your committee declines to express any opinion on the constitutionality of the resolution of October 8, 1885. The previous Legislature, the Attorney General and. Governor of the State, have each respectively determined in favor of its constitutionality, and the Executive has held that the railroad company has complied with the terms of settlement.
There is now pending in the Superior Court of Cobb county a case raising the legality and constitutionality of ::;aid resolution. In that tribunal this question will probably undetgo judicial investigation. We, therefore, submit that under these ciJCumstances this question presents a matter fot judicial and not legislative construction, and your committee refrains from giving any interpretation thereof.
That, as to the facts, connected with the passage of said resolution, and especially as to whether t~ere was any undue or improper means used by any person or corporation to procure the passage t,hereof,. your committee, after a care.:

THURSDAY, OCTOBER 20, 1887.

1643

ful, protracted and painstaking investigation werP- unable to discover that any corrupt or unlawful means were used to secure the vote or support of any member of the last Legislature in favor of the passage of said resolution.
The evidence adduced before your committee disclosed the following facts as to the means employed by Mr. George R. Eager, who claimed to be representing the Marietta and North Georgia Railroad Company.
That Mr. Eager himself was present in Atlanta, in and about the capital during a large portion ot the time while thiil resolution was pending before the Legislature, and
urged upon members of the Legislatme its passage, giving among other reasons his version of the equities claimed by the Railroad Company against the State.
That he employer! to assist him in securring the passage of this legislation Judge C. J. Welborn, who drew the original resolution introduced in the lower branch of the General Assembly of 1884 and 1885, which provided a submission of the equities claimed by the Railroad Company to the Governor and Treasurer, who were empowered under the terms of the resolution to investigate the matter, and effect such settlemPnt as justice and equity demanded. In addition to this !'ervice Judge ,~relborn made an atgument before the Senate Finance Committee in support of the claim of the company. For these services he was paid one hundred and twenty-five dollars, which the testimony shows was paid him to cover expenses incurred by him in coming to, remaining in and returning from Atlanta.
Mr. Eager also employed Colonel .James M. Russell, of Columbus, Ga., to prepare a written statement, and make an argument for the company before the Committee on Finance of the General Assembly. This statement and argument was printed and circulated among the mem hers of the General Assembly, copies of which was submitted to your committee. Fo; the service thus rendered Col. Russell received a fee of five hundred ($500) dollars. The
Honorable W. H. Simmons, of Pickens county, and Judge W. M. Sessions, of Cobb county, was also paid for service

1644

JouRNAL l'l'' THE HousE.

rendered in aiding Mr. Eager in securing the passage of said resolution. Just what services were rendered does not clearly appear, as neither, according to the evidence, made any argument before any committee of the last General Assembly.
There was no evidence, however, before your committee to show, or tending to show that any member of the Legislature was paid, promised, tendered or received any money or other thing of value to secure his vote, support or influence in behalf of this legislation.
All of which is respectfully submitted.
w. M. HAWKES,
Chairman on part of Senate. T. L. GuERRY, S.C. LAMKIN.

S. G. McLENDON,
Chairman on part of House. CHARLES Z. McCoRD,
W)i. HARRISON,
w. M. HENRY, w. H. FELTON, JR., H. s. WEST,
R. L. GAMBLE, JR.

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

ilfr. Spenker :
The Senatv has passed the following bill of the House by substitute, by the requisite constitutional majority, yeas 30, nays 6, to-wit:
A bill to repeal a resolution for the adjustment of claims between the State and the Marietta and North Georgia Railroad Company.
The following Senate resolution was taken up and adopted, as amended, to-wit :

THURSDAY, OcTOBER 20, 1887.

1645

A re~?olution authorizing the President of the Senate and Speaker of the Honse, Secretary of the Senate and Clerk of the House, an.d members of the Enrolling Committee to remain over at the Capitol after adjournment to wind up businef's of the present General Assembly, etc.
House resolution No. 232 was taken up for consideration, and, upon motion, the resolution was indefinitely postponecl

The following House bill was taken up tor the purpose of considering the Senate amendments thereto, to-wit:
A bill to repeal a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad, etc.
Upon motion, the substitute offered to the Senate in lieu of the original bill was agreed to, as amended.
Upon motion, the House took a recess for a few minutes.
The following message was received from the Senate
through Mr. w. A. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has adopted the report of the Joint Committee to investigate and report what offieers, if any, are to be elected in the Stone Mountain Judicial Circuit.
The Senate has unanimously amended the caption of the following bill, to-wit :
A bill to amend an act 'omrnonly known as the Tax Act ot 1887 and 1888.
The Senate agrees to first amendment and refuses to concur in the second amendment to the following resolution, to-wit:
A resolution authorizing the Speaker and President of the Senate, Secretary of the Senate, Clerk ot House and others, to remain over to bring up the business of the present session.
The following House bill was taken up and the Senate amendments thereto were concurred in, to-wit:

1646

JouRNAL oF THE HousE.

A bill to amend an act commonly known as the Tax Act of 1887 and 1888.

The following resolution was read and adopted, to-wit:

A tesolution expressing sympathy for Ireland, etc. The following Senate resoh~tion was taken up, to-wit:

A resolution authorizing the officers of the present General Assembly to remain at the Capitol four or five days to wind up the public businPss.

Upon motion, the House agreed to insist upon its amend-

ments to the resolution.

.

The following message was received from the Senate,
through Mr. ,V. A. Hafl'is, the Secretary thereof:

Mr. Speaker :
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A l)il ~to incorporate the .Jackson and Indian Springs Railway Company ; passed by the requisite constitutional majority; yeas 26, nays 0.
Also, a bill to incorporate the Holcomb and Hawkinsville Railroad Company; passed by the requisite constitutional majority; yeas 25J nays 0.
Also, a bill to incorporate the Tallulah Falls Railroad and Improvement Company; passed by the requisite constitutional majority; yeas 26, n'ays 0.
Also, a bill to incorporate the Augusta, Thomasville and Gulf Railroad Company; passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate concurs in the House amendment to the Senate amendment to the following bills, to-wit:
A bill to repeal a resolution for adjustment of claims between the State and the Marietta and North Georgia. Railroad.
The Senate concurs in the House amendment to the following SPnate bill, to-wit:

THuRSDAY, OcToBER 20, 1887.

1647

A bill to incorporate the DuPont, Decatur and Alabama and Florida Air-Line Railroad Company.
The Senate concurs in the House amendmPnt to the following Senate bill, to-wit:
A bill to protect the oyster and clam fisheries in Georgia. The Senate refuses to concur in the House amendment and asks a conference committee, and has appointed on the part of the Senate, Messrs. Brantley and Daniel, on the following resolution of the Senate, to-wit:
A resolution allowing the President of the Senate, Speaker of the House and others to stay over and finish the unfinished business of the present session of the General Assembly.
The Senate has also passed the following bills of the House, with certain amendments, by the requisite constitutional majority, to-wit:
A bill to incorporate the Eastman and Americus AirLine Railroad Company; passed by the requisite constitutional majority; yeas 2G, nays 0.
Also; a bill to incorporate the Fort Valley and Dublin Railroad Company; passed by the requisite constitutional majority ; yeas 25, nays 0.
The following House bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to incorporate the Eastman and Americus AirLine Railroad Company.
Upon motion, the House agreed to a Committee of Conference on the Senate resolution relating to officers of the General Assembly remaining over four or five days to attend to the public business. The Speaker appointed the following named members a'l part of the Honse on Committee on Conference, to-wit: Messrs. Terrell, Duggan, Felton of Bibh.
The following bill was taken up and the Senate amendments thereto concurred in, to-wit:

16i8

JoURNAL oF THE HousE.

A bill to incorporate the Fort Valley and Dublin Railroad Company.
Mr. Tate offered the following resolution, which was re11d and adopted, to-wit:
Resolved by the House, the Senate concurring, That a committee of three from the House and two from the Senate be appointed to wait on his Excellency the Governor, and notify him that the General Assembly is r~ady to adjourn, and ascertain if he has any further communication to make to the General Assembly.
The House then adjourned until 8 o'clock p. m.

8 O'CLOCK P. M.
The House met pursuant to adjournment; and was called to order by the Speaker.
The roll was called and a quo::-um was found to be present.
Mr. Terrell, chairman of the Joint Committee of Conference, submitted the following report:

ilfr. Speaker:

The Joint Committee of Conference on the following resolution, beg leave to report that the House recede from its amendment, which changes the number of days expressed in the Senate resolution to-wit

A resolution that the President of the Senate and

Speaker of the House and other officers of the General

Assembly to remain over after the adjournment and bring

np the unfinished bu,;;iness, etc.

w. G. BRANTLEY'

Chairman on part of the Senate.

J. M. TERRELL, Chairman on part of the House.

THURSDAY, OcToBER 20, 1887.

1649

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

Mr. Speake1:
The Senate has passed the following bill of the Honse by the requisite constitutional majority, yeas :25, nays 0, towit:
A bill to incorporate the Atlanta City and Suburban Street Railroad Company.
The Senate has also passed the following bill of the House, with cettain amendments, by the requisite constitutional majority, yeas 25, nays 0, to-wit:
A bill to amend an act to incorporate the town of Austell," in Cobb county.
The Senate has adopted the report of the joint conference committee on the following resolution of the Senate, to-wit:
A resolution authorizing the President of the Senate, Speaker of the House and others to remain over to bring up the unfinished business of the present session.
Upon motion, the repol't of the Committee of Conference on Senate resolution relating to officet,.; of the General Assembly remaining ovet' for four or five days after adjournment for the purpose of winding up the public business, was agreed to.
The following House bills were taken up, and the Senate amendments thereto were concuned in, to-wit:
A bill to amend an act to incorporate the town of Austell, in Cobb county, etc.
Upon motion, the repott of the committee appointed to investigate and report what officers, it any, to be elected m the Stone Mountain Circuit, was adopted.
The following message was received from the Senate, through Mr. \V. A. Harris, the Secretary thereof:
104

1650

JouRNAL OF THE HousE.

Mr. Speaker:

The Senate has adopted the following resolution of the House, to-wit:
A resolution to wait upon his Excellency, the Governor and notify him that the General Assembly is now ready t~ adjourn sine die, and has appointed as a committee upon the part of the Senate Messrs. Hawkes and Hand ot the Eighth.
The following message was received from the Senate, through Mr. "\V. A. Harris, the Secretary thereof:

M1. Speaker :

I am instructed to report to the House that the Senate

has completed all business before it, and is now readv to

adjourn sine die.

.

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

Mr. Speaker :
The Senate has adopted the following resolution, and asks the concurrence of the House therein, to-wit:
A resolution that the General Assembly adjoum sine die at ten minutes to 9 o'clock.
By unanimous consent, House bills Nos. 988 and 1005 were withdrawn.
The Speaker announced the following named members on the part of the House to wait upon the Governor to notify him that the General Assembly was ready to adjoum Bine die, etc., 1io-wit: Messrs. Tate, Shewmake and Brewster.
Mr. Schofield offered the following resolution, to-wit:
Resolved, That the two Houses of the General Assembly be convened in joint session at 9 o'clock p. m., to elect a Solicitor-General of the Stone Monntain Circuit, a vacancy having been reported by the Joint Committee of both Houses.
Mr. Dodgen moved to table the resolution.

THURSDAY, OcTOBER 20, 1887.

1651

Upon the motion to table, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the following 1s

the result of the vote:

Those voting in the affirmative were Messrs.-

Adams of Elbert, Adams of Greene. Arnheim, Ashley, Birchmore. Brady, Chappell, Clay of Cobb, Clay of Walton, Coggins, Darden, Denney. Dodgen, Durrance, Fagan, Felton of Bartow, Felton of Macon, Featherston, foute, Franklin of Fannin, Green of Clay, Grindle, Hale, Harrell of Decatur,

Harrell of Webster. Hayes, Hill of Wilkes, Hughes, Huff. Hun.phries of Clincn. Hunt, Iler.
Jones~
Kennedy. Key. Lanier, Mathews. 2Honroe.
~forgan,
McLane,
~lcGhee,
McKibben, Nichols, Norris, Page, Parker, Ray, Rawls,

Rich, Russell of Clarke, Russell of Polk, Shewmake, Simmons, Smith of Crawford, Smith of Jefferson, Stewart of Marion, i:itovall, Tate, Terrell, Thomas, Vaughn, Veazey, Vickers, Walker of Putnam. Watson, Way, West, Wheeler, Williams of Harris, Williams of Jackson, \Villiams of Upson, Worsham.

Those voting in the negative were Messrs.-

Atkinson, Bailey, Belt, Berner, Coney, Cook, Crawford, Fordham, Gibson, Gordon, Greene of Madison. Ham,

Harper.

McCord,

Harris of Catoosa,

McGarrity,

Henry,

Olive,

Hill of Meriwether, Perkins,

Holland,

Perry,

Holleman,

Pickett,

Humphries of Brooks, Pittman,

Kenan,

Preston,

Kimbrough,

Russell of Chatham,

Little of Talbot.

Schofield,

Madden,

Whelchel,

Moye,

Wilson.

Those not voting were Messrs.-

Black,

Griffith,

McMichael,

1652

.Tot:RC\AL oF THE HousE.

Blalock, Brancl1, Bray, Brown of Henry, Brown of Cherokee, Brewster, Buchan, Calvin, Can1eron, CHndler, Co1ner, DuBose, Dngga11, Evans, Felton of Bibb. Fortner, Franklin of Thomas, Gamble, Gardner, Glenn, Gresham,

Hagan,

~ewton,

Hand,

Peeples,.

Harrison of Franklin, Reid,

Harrison of Quitman, Reilley,

Harris ot Columbia, Reynolds,

Harvey,

Rountree,

Hawkins,

SiiHS,

Henderwn,

Smith of Glynn,

Howard.

Smith of Gwinnett,

Howell,

Ste.Yen;-,

Hutchison,

Stewart of 3-litchell,

.John,on of DeKalb, Stewart of Rockdale,

.Johnson of Echols, Strickland,

J ohnwr. of tlcreven, Taylor,

I .. ~u11ar,

Vlning,

Lumsden,

Walker of Floyd,

)launey,

'Watts,

llills,

Weil,

::\Iixon.

Whaley,

)[cLendon,

Wikox,

::\IcCleskey,

}[r. Speaker.

Yeas 7:2. Nays 3tl. Xot voting 66.

So th,e resolution was tabled.
lJpon motion the Senate resolution relating to adjournment was taken up and adopted, as amended.

Mr. Tate, from the committee appointed to wait upon

his Excellency, the Governor, and inform him that both

branches of the General Assembly are ready to adjourn,

and ascertain whether or no he had anything further to

communicate, reported that the committee h,ad performed

the duty assigned them, and was informed by his Excel-

lency that he had nothing further to communicate.

Respectfully submitted.

,V. l\1. HAWKES,

J. L. HA:ND,

On part of the Senate.

c. F. TATE,

J. A. SHEWMAKE,

T. F. BRF.Wfo>TER,

On part of the Honse.

THt:RSDAY, OcTOBER 20, 1887.

1653

Mr. Duggan, chairman of the Committee on Enrollment, reports as duly emolled and ready for the signatures of the Speaker of the House and the President of the Senate the following acts, to-wit:
An act to incorporate the Thomasville and Ty Ty Railway Company.
Also, an act to provide for the registration of the qualified voters of Macon county.
Also, an act to incorporate the Augusta, Gibson and Sandersville Railroad Company, and for other purposes.
Also, an act to incotporate the Hartwell Loan and Savings Bank, and for other purposes.
Also, an act to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes.
Also, an act to incorporate the LaGrange Street Railway Company, and for other purposes.
Also, an act to prevent the running at large of stock of all kmds in the 743d district, Georgia Militia, of Taylor county, and for othe purposes.
Also, an act to incorporate the Carrollton, Marietta and Western Railway Company, and for other pmposes.
Also, an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes. . Also, an act to incorporate the Long Shoals and Rockland Railroad Company, and for othet' purposes.
Also, an act to inc01porate the People's Bank of Jefferson. Also, an act to make it illegal to fish with seines in the Alapaha River and its tributaries in Wilcox county, and for other purposes. Also, an act to prohibit the sale of cotton in the seed in Monroe county, between the 1st of August and 1st of February. Also, an act to amend the act approved September 8, 1883, to prevent the sale of liquor in Coweta county, and for other purposes. Also, an act to ptovide a uniform mode of procedure in civil suits, except as herein provided.

1654

JouRNAL OF THE HousE.

Also, an act to incorporate the Chattanooga Southern Railway Company, and for other purposes.
Also, an act to vest the control of the " Old Cemetery " lot in Savannah in the Commissioners of Chatham county and ex-officio judges, and for other purposes.
Also, an act to consolidate, amend and supersede the acts incorporating the town of Lincolnton, and for other purposes.
Also, an act to incorporate the Blue Ridge Banking, Loan and Trust Company, and for other purposes.
Also, an act amending the charter of the city of Dawson, in Terrell county.
Also, au act to amend an act, approved September 29, 188.5, incorporating the Georgia Midland and Gulf Railroad Company, and for other purposes.
Also, an act to prohibit the manufacture and sale of liquor in the 746th district, G. M., of Coweta county, and for other purposes.
Also, an act to amend an act, approved December 24, 1886, incorporating the Atlanta and Edgewood Street Railroad Company, and for other purposes.
Also, an act to incorporate the town of Collinsvi!le, in DeKalb county.
A ]so, an act to better protect the lands and farming interest of the 768th militia district, in Taylor county.
Also, an act to incorporate the Catoosa Springs Company, with power to construct a railroad.
Also, an act to incorporate the Albany and Bainbridge Railroad Company, and for other purposes.
Also, an act to vest the title to the commons of the city of Columbus in Commissionerf'.
Also, an act to incOI'porate the Central City Street Railroad Company, and for other purposes.
Also, an act to incorporate the 'thomasville and Northern Railway Company, and for other purposes.
Also, an act to amend an act to charter the Elberton AirLine Railroad Company, approved December 1:3, 1871, and for other purposes.

THURSDAY, OCTOBER 20, 1887.

165f)

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

County Street Railroad Company, and for other purposes.

Also, an act to amend an act to incorporate the Thomas-

ville and Augusta Railway Company.

Also, an act to incorporate the Newton, Morgan and

Lumpkin Railway Company, and for other purposes.

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

Savings Bank.

Also, an act to authorize the Mayor and Council of

Athens to grade, pave, macadamize, and otherwise improve

the streets of said city' and for other purposes.

Also, an act to incorporate the Coweta Bank, and for

other purposes.



Also, an act to incorporate the Blue Ridge and Atlantic

Railroad Company, and for other purposes.

Also, an act to establish a system of public schools in

Washington, Georgia, and for other purposes.

Also, an act to incorporate the Planters' Bank ot Ella-

ville, in Schley county.

Also, an act to .amend au act incorporating the town of

Jug Ta'ern, and for other ptuposes.

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

End and East Point Street Railroad Company, approved

December 24, 1886.

Also, an act to amend an act to provide for the registra-

tion of voters in Dodge county, approved October 12, 1885.

Also, an act to incorporate the Blne Ridge Railroad Com-

pany, and for other purposes.

A.lso, an act to incorp0rate the Macon City and Suburban

Railway Light and Power Company, of Macon, Ga., and

for other purposes.

Also, an act to incorporate the Alabama Midland Rail-

way Company, and for other purposes.

Also, an act to incorporate the Great North and South

Railway Company, and for other purposes.

Also, an act to incorporate the \Vashington Street Rail-

way Company, and for other purposes.

Also, an act to amend and act to establish a sy;;tem of

165G

JocRX.AL oF THE HovsE.

public schools in the city of Athens, and for other purposes.

Also, an act to incorporate the town of Guyton, and for

other purposes.

.

Also, an act to incorpomte the city of Culloden, and for

otner purposes.

Also, an act to authorize the Mayor and Council of Athens

to levy a special tax on toades and professions, and for other

purpose:-.

Also, an act to incorporate the 'Vayueshoro Loan and

Banking Company, and for other purposes.

Also, an act to ptohibit the sale of liquors within three

miles of the Baptist church at Hephzibah in Riehmond

county.

Also, an act to authorizP M. A. Hardin to close up all

private ways and roads upon his farm in the 17th district

and :3rd section of Bartow county, and for other purposes.

Also, an act to authorize the Mayor and Council ot

Athens to lay and construct drains and sewers in said city,

and for other purposes.

Also, an act to incorporate the Lexington and Terminal

Railroad Company, and for other purposes.

Also, an act to make additional appropriations for the

years 1887 and 1888, and for other purposes.

Also, an act to incorporate the Lowry Banking Com-

pany of Atlanta, and for other purposes.

Also, an act to incorporate the Central Trust and Bank-

ing Company, of Georgia, and for other purposes.

Also, an act to incorporate the Manufacturers Insurance

Mutual Aid Society.

Also, an act to incorporate the Buena Vista and Elber-

ton Raihoad Company, and for other purposes.

Also, an act to incorporate the town of Bluffton in Clay

county, and for other purposes.

Also, an act to incotporate the town of Concord, in Pike

county, and for other purposes.

Also, an aet to incorpomte the Pataula Banking Com-

pany of Fort Gaines.

THURSDAY, OcTOBER 20, 188i.

1657

Also, a bill to amend an act commonly known as the Tax Act of 1887 and 1888.
Also, the following resolutions, to wit:
A resolutinn authorizing the payment of last semi-annual interest on cettain bonds of this State.
Also, a resolution for the relief of the Mutual Reserve Fund Life Association.
Also, a resolution to appoint a commissionet and make an inventory and appraisement of the State Road; to protect the State property in the same, and for other purposes.
Also, a resolution authorizing the payment of balance of per diem due to Hon. M. W. Hart, deceased, to his widow.
Also, a resolution providing for printing and distributing the acts and resolutions of the session of 1887.
Also, an act to incorporate the town of Camilla, in Mitchell county.
Also, an act to incorpvrate the Fort Valley and Dublin Railroad Company, and for other purposes.
Also, an act to incorporate the Eastman and Americus Air-Line Railroad Company, and for other purposes.
Also, an act to incorporate the Augusta, Thomasville and Gulf Railroad Company, and for other purposes.
Also, an act to incorporate the Tallulah Falls Railroad and Improvement Company.
Also, an act to repeal a resolution for the adjustment of claims between the State and the Marietta and North. Georgia Railroad Company, approved October 7, 1880.
Also, an act to incorporate the Holcomb and Hawkinsville Railroad Company.
Also, an act to incorporate the Jackson and Indian Springs Railway Company, and for other purposes.
Also, an act to incorporate the Atlantic City and Suburban Street Railroad Company, and for other purposes.
Also, an act to amend an act incorporating the town of Austell, in Coob county, and for other purposes.
Respectfully submitted. IvY W. DuGGAX, Chairman.

1658

JouRNAL OF THE HousE.

The following message was received from the Sena*e,
through Mr. ,V. A. Harris, Secretary thereof:

Mr. Speaker:

The Senate agrees to House amendment to the following resolution of the House, to-wit:

A resolution that the General Assembly adjourn sine die at ten minutes to 9 o'clock.

U poll motion, the report of the Joint Committee to notify the Governer that the General Assembly was ready to adjourn sine die, etc., was adopted.
Leave of absence is asked for Mr. McLendon, and Mr. Franklin, of Thomas, from the sessions of the Legislature for this week on account of sickness, .which was granted.
Mr. Russell, of Ciarke, offered the following resolution, which was read and adopted, to-wit:

Resobed, That the thanks of this House are due, and are

hereby tendered to Hon. M. A. Harden, Clerk of this

House, and to Hon. J. R. Smith, Messenger, and to Hon.

R. J. Wilson, Door-keeper, and their subordinates, for their

uniform courtesy to the members, and the able, painstaking

and ~fficient manner in which they have performed their

respective duties.



Mr. Ham offered the following resolution, which was read and adopted, to-wit:

Re8olred. That the thanks of the .House be tendered our Speaker, Hon. W m. A. Little, for his impartial adminisstration of the rules of the House, and the uniform courtesy to the members of this body.

Mr. Tate offered the following resolution; which was read and adopted, to-wit :

Resolved, That the thanks of the House be tendered our
Speaker pro tem., Hon. A. S. Clay, for his uniform courtesy to ~embers of this Honse whenever called upon to preside
over this body.

THURSDAY, OCTOBER 20, 1887. .

1659

Mr. Pittman offered the following resolution, which was read and adopted, to-wit :
Resolved, By the House of Representatives, that the thanks of the House are due and hereby tendered to the representatives of the press for valuable reports made of the proceedings of the present session.
The Journal was read and approved. The Speaker then announced the adjournment of the present House of Representatives without a day.

INDEX
TO THE
HOUSE JOURNAL
OF THE
SESSION
OF
1887.

INDEX.

INDEX TO HOUSE BILLS AND RESOLUTIONS.

ABSENUE-L~:AYE OF-

Granted to ~Iembers-6 !l 32 34 ;)0 67 75 91 9i) 97 101 11() 12?. 137 151 164 176 182 194 204 217 227 2?,6 248 256 263 274 282 289 294 808 314 :327 842 351 363 379 381 386 405 411 426 487 4:')1 465 482 498 516 533 ii42 550 51)2 587 685 646 654 658 662 ()72 607 618 fi81 !)\)!} 711 725 7a7 742 759 777

ADMINISTRATORS, EXECUTORS, ETc.-

A bill-To authorize administrators, executors, etc., to make certain snles privately . . . . . . . . . . . ii42

ADVERTISING-

A bill-To regulate county advertising . . . 3!H .l64 1080

AGRICULTURAL-

A bill-To estnblish two experimental fnrms . . . . . . 324 1045 To protect farming interests in the 768th district G.)[. 349 535 fi6i 112fi To adjust the claims of the colored race to agricultural land script . . . . . . . . . . . . . . . 73g 74:~

APPROPRIATIONS-

A bill-To appropriate money to M. D. Weeks . . . . 80 fil4 8H3

To appropriate money to :\<I. ~1. Carswell, of Clinch

county . . . . . . . . . . . . . . . . . 134 :n1 879

To appropriate money to pny J. H. Worrell on exec-

utive warrant . . . . . . . . . . . . . . 14fi 201 435

Appropriating money to pay State bond No. :31!! . . 171

848 1017

Appropriating money arising from liquor licensos to

educational purposes . . .

. . . . 197

1664

IXDEX.

Appropriating money to pay James Hunter. . . . 197

Appropriating money to pay Chas. S. McCall for an

artificial leg . . . . . . . . . . . . . . . . . 213 469

Appropriating money to complete the building for the

ln!'titute for the Deaf and Dumb . . . . . 257 344 682

Appropriating money to repair U niversitv buildings 3Q8

406 408 409 502 Appropriating money to Emmett Barnes . . 325 614 692

To refund a certain sum to A. C. Daniel . .

496

-~ pprupriating money to R. E. vVilson. . .

:348

Appropri>~ting money to pay Charles P. }fcCalla for

senices rendered the Sbte . . . . . . . . . . . 368

)laking addition>~l appropriHtions. for SLJpport of the

State goYernment for 188i-I888 . . . 487 8\JO 902 1349

Tu appropriate $;),000..)0 to complete the Branch Uni-

Yersity at Dahlonega .

. . . . . 543 .)56

Appropriating $4,000.00 to branch of liniv.ersity at

ThomasYille. . . . . . . . . . . . . . 613 635 877

Appropriating $6,:j00.00 to repair Old Capitol . . 613 773

Appropriating money to furnish Moses Tomlinson an

artificial arm . . . . . . . . . . . . . . . . 6!'3 643

Appropriating $:J3 to }I, :\1. Blanton . . . . . . . 698

Appropriating hire of eertain convicts to payment of

costs in Northern Circuit . . . . . . . . . . 698 774

:\laking an addition!ll appropriation to complete a

roster of Georgia troops in Cqnfederate army . . . 734

Appropriating $5,000 fot a home for unchaste women

who de,ire to reform . . . . . . . . . . .

924

BANKS AXD J.OAN ASSOCIATIONS-
A hill-To incorporate the Marietta Bank . . . . . . 12 200 526 To incorporate Austell Banking Company . . 41 310 540 To proYide for election of Vice-President Exchange Bank of ~lacon . . . . . . . . . . . . . 60 310 544 To amend the charter of Capital City Land Improvement and Banking Company . . . . . . . 60 153 160 To incorporate the Bank of Cuthbert . . . i1 160 548 700 To incorporate Citizens Bank of Savannah . . i1 210 700 To amend the charter of Georgia Loan and Trust Company . . . . . . . . . . . . . . . . 71 310 430 Authorizing }lining and Manufacturing Companies to become incorporated as Savings Banks . . . . 74 453 To incorpo1ate the Planters' Bank of Preston, Ga.. 86 131 140 To incorporate the Bank of Sandersville 134 311 708 To amend the charter of the Bank of Thomasville . 145 448 721 873

IXDEX.

1665

To amend the charter of the Commercial Bank of

Augusta . . . . . . . .

. 147 448 722 887

To incorporate the First State Bank of Da\vson . 152 159

BANKS-

A bill-To incorporate Hartwell Loan and Savings Bank . 191 615

1023

To incorporate the Lowry Banking Company . . 260 9~H

1114

To incorporate the People's Bank of .Jefferson . 264 66;)

1074

To amend the charter of Athens Savings Bank . 21i!J 448

1116

To incorporate the Atlanta Savings, Loan and Trust Com-

pany . . . . . . . . . . . . . . . 269, 105() 1117

To prevent officers and agents of banks fror<l borrow-

ing money or property therefrom except with con-

sent of the directors . . . . . . . . . . . . . 297

To incorporate the Alban) Savings Bank . . 310 560 701

To incorporate the Greenville Banking Company . 324

1056 1122

To amend the charter of Commercial Bank of Albany 337

667 762

To revise the statutes relating to banks, etc. . . . . . :337

To establish a system of laws for Sttvings Banks . 3B7 o67

1126

To amend an act to incorporate Atlanta Loan and

Banking Company . . . . . . . . . . . . . :357 1056

To incorporate the Citizens Bank of Savannah . . 384

To amend the dtarter of the Planter's Loan and Sav-

ings Bank . . . . . . . . . . . . . 488, 938 1162

To incorporate the Pataula Banking and Cotton Com-

pany of Fort Gaines . . . . . . . . . . 517 1057 1163

To incorporate the Piedmont Savings Bank of At-

lanta, Ga. . . . .

. . . . 523 1057 1163

To incorporate the }Ierchants and Mechanies Bank-

ing and Lotm Company of Atlanta . . . . 570 938 1164

To incorporate the Mutual Loan and Banking Com-

pany . . . . . . . . . . . . . 570 1057 1164

To incorporate the Coweta Bank . . . . . . 570 938 1164

To ineorporate the Traders Bank of Atlanta . . 619 849

1167

To incorporate the Blue Ridge Banking and Loan

and Trust Company . . . . . . , 748 938 1173

To incorporate the Planters Bank of l<Jllaville, Schley

county . . . . . . . . . . . . . . . . 768 1175 1%4

105

1666

T~DEX.

To incorporate the )lerchants and Planters Bank of
Car'rollton, Ga. . . . . . . . . . . . . . 854 938 To incorporate the Central Trust Company .. 1076 1146
BO~DS-OF STATE-

.-\ bill-To authorize Governor to issue bonds for $1,fJOO,OOO to pay part of State debt . . . . . . . . , . . 2:30
BO~DS'--OF R.ULROADI<-

A bill-To pre:;cribe the mode of i>'sning and endorsing railroad bond,- . . . . . . . . . . . . . . . . . . ~22
BRIDGES-

A bill-To authorize .J. II. Hightower to erect piers in a

bridge over Oconee river . . . . . . .

111\J

BL'ILDL'\(7 LOAX AND TRl'ST COMPANIES-

A hill-To incorpornte the Central Trust Company of Ga. . 427

CA~ AL AND N A YIG_-\TIO~ CO:\IPANIES-

A bill-To incorporate Tnrtle Hi,er and Altamaba ()mal Co. 11

211 Z)34

To incorporate St. }l arys, Satilla and Turtle River

Canal Company . . . . . . . . .

. . 11 211 534

To incorporate the :\Ionte;mma Steamboat Company 189

6-H.i 1024

To incorporate the Augusta Steam boat Company . 198 211

To incorporate tl1e Columbus Gulf Navigation Co.. 208

105() 1092

To incorporate Conml><anga Canal and Man'f'g Co. . 426

84!) 1146

To n111end the <'harter of Okefenokee Canal Company 580

1176 1354

COD}:-A~IKNl>~IENT" OF-

A bill-To amend section. :li04 (.a l of the Code . . . . i3 444 :J;J4

To amend sections Ll-i1 and 1:344 of the Code . . . Iii 195

5:)5 1314

To amend section 9:-\6 uf the Code . . . . . . li 1056

To amend section 14li5 1hi of the Code To amend section 1970 of the Code . .

. . 17 1)65 1035 . ;)0 lli{) 1321)

Tu amend section -!662 of the Code .

. 31 ;)()9 536

To repeal sections 742-i 4:) of the Code

. 31 444 536

To mnend section Gil of the Code . .

. . . 38 l.i47

To amend seetion 35G-! of the Code . .

40

To repeal section -!li55 (b) of the Code . . . . . . . 40

To amend section -iGGii (.a') of the Code . . . . . . . 40

To amend section 508 (f) of the Code . . . . . . . 4-i 758

To amend section 874 vf the Code . . . . . . . 58

IXDEX.

1667

To amend section :J;;.jJ of the Code . . . . . . . 70

To amend section -l201 of the Code . . . . . . o6 614 857

To amend section Hll of the Code .

71

To amend section 4HO of the Code .

81

To amend section 4871 of the Code .

83

To amend section -W25 of the Code .

101

To amend section :lil22 of the Code .

. 1:lll 6_1-! 891

To amend seetion -!IJ\18 of the Code .

. 168 448 9(3(}

To amend section 287 (a) and 288 of the Code . ... Hi8
, To amend 8ection :Will of the Code . . . . . . . . 170
To amend section 1 Hi.J (f) of the Code . . . 17cJ 104:~

To amend section 81:l of the Code . .

1H\1 615 1021

To amend section 20-!0 of the Code . .

. 1!11 ()};) 1023

To uniend section 4-)79 of the Code .

1D1

To amend section 70H of the Code . . .

191

To amend seetion 1()()!1 of the l'ode . . . . . 1t15 ti.}/ 1025

To mnend section :l~lifi of the Code .

1Di>

To amend section 4C.74 of the Code .

l!J5

To amend section 11:;..!6 of the Code .

. 195

To amend section 710 of the Code .

Hl6

To amend section :\!JlO (a) of tl1e Code

1D6

To repeal ,;ection li/1 of the Code . . . . . . . 199 1026

To amend ><ection 2850 (a) of the Code

199

To amend section 4()00 of the Code

. 209 300

To amend section ();JJ of the Code . . .

. 20!1 298

To amend section 288 ot the Code . . .

. 210 :-lOO

To substitute a seetion for section :;()2\1 of tho Code . 210

279

To amend section :1100 of the Code . .

. 213 514

To amend section 21:l8 of the Code . .

214 418

To amend section 2t:i28 (a) of the Code .

. 214 280

To amend seC'tion 4372 of the Code

260

To amend section 2385 of the Code

264

To amend section 2B8!l of the Code

264

To amend section 252,:.; of the Co,lo

268

To amend section 41;30 of the Code

268

To amend ,;ection 4r,27 of the Code

Q75

To amend section 4601 (a) of the Code

299

To amend section 10:-l:! of the Code

ilOO

To amend section 1\!77 of the Code

. 308 :)95

To amend section 4441 of the Code

310

To am,end section l:"i8!1 of the Code

. ::11 864

To amend section 4372 of the Code

322

To amend section :\1;41 of the Code

322

To amend section 4527 of the Code

822

To amend se<tion 18!1 of the Code

:)24

To amend i3eCtiozf 41'\72 of the Code .

:~37

1668

I:SDEX.

To amend section 49il (a) (b) and (c) of the Code . . 357

To amend section 4565 (a) of the Code . To amend section 130 of the Code . . To amend section 3739 of the Code . To amend section 1456 of the Code To amend section 936 of the Code . . To amend section 1319 of the Code .

938 . 368 848 . 369 849
369 392 392 . . . . 392

To amend section 1455 (a) (b) (c) (d) (e) (f) (g) (h)

(i) ot the Code so far as relates to Sumter county . 427

To amend section 1553 (a) of the Code.

. . 428

To amend section 1668 of the Uode . . . . . . 42(1

To amend section 2563 of the Code . . . . . . . . 452

To amend section 4185 of the Code . . . . . . 465 1058

To amend section 250 of the Code . . . . . . . 466 849

To amend section 493 (c) of the Code . . . . .

467

To repeal section 671, 672 and 673 of the Code .

467

To amend section 4373 of the Code .

543

To amend section 4573 of the Code . . .

570

To amend section 2\171 of the Code . . .

. 646 119

To amend section 14!15 (f) of the Code.

. 707 850

To amend section 90!1 and repeal section 910 of 'the

Code . . . . . . . . . . . . . . . . . . . 865 1057

To nmend ~eetion 1~175 of the Code . . . . . . . . 112:!

CO)lJ\IlTTEES-

To inform Governor of reassembling of General Assembly .

7

Duties ot committees as to bills offered as substitutes by them 13

To report what officers to be elected .

35

To attend University commencement . .

50

To visit lunatic asyhun . . . . . . . .

232

To examine and report on matters pertaining to the W. & A.

Railroad . . . . . . . . . . . . . . . . . . . . . . 250

To examine "Georgia .T ustice" by .Tudge Sutton . . . . . . 290

To report cause of delay in printing Supreme Court Reports 325

To accompany the remains of Hon. Samuel Hall to place of

burial. . . . . . . . . . . . . . . . . . . .

462

To examine and report the business before the legislature

858

On death of Hon. M. H. Hart, of Troup county

972

On furnishing New Capitol. . . . . . .

972

On reception of Hon. S. J. Randall . . .

1084

On elcctions for Stone Mountain Circuit

1370

COMMUNICATIO~S-
From Hon.T. T. Henderson, Commissioner of Agriculture 147 From Piedmont Association o o o o o o 1045

IXDEX.

1669

COMPTROLLER-GENERAL-

A bill-To make it his duty to examine the books of Tax Collectors . . . . . . . . . . . . . . . . . . . 86

CONSTITUTION-AMENDMENTS OF-

A bill-To amend par. 2. sec. 18, art. ll . . . . . . . . . . 40

To amend par. 2, sec. :!, art. 7, exempting parsonages 81

445 1330

To amend par. 1, sec. 14, art. 7, to create a sinking

fund . . . . . . . .

. . . . . . . . . 140 228

To amend par. 7, sec. 7, art. cl, so as to read bill~ by

captions . . . . . . . . . . . . . . . . 195 444 1332

To amend par. i, sec. 7, art. 3 . . . . . . . . . . . 197

To amend an act to carry into Pffect par. 1, art. 7 . 26G 1059

To amend par. 1, sec. 3, art. 6, of the Constitution . 619

To amend art. 2, sec. 4, par. 6, of. the Constitution . 707

To amend par. 3, sec. 4, of art. 3 . . . . . . . . . 748

To amend art. )), sec. 7, par. 7, of the Constitution . 948

1057

CONVICTS-

A bill-To provide for working l'Onvicts on branch railroads :!23

COSTS-

A bill-To provide for pay of crimi::al costs . . . . . . . . 40 To provide for payment of insolvent criminal costs to officers of Hancock County Court . . . . . 141 265 301 To provide for criminal costs in Justice Courts of Bibb county . . . . . . . . . . . . . . . . 1071i 1176

COTTON-SAu;s OF-

A bill-To regulate the sale of seed cotton in wilkes county . . 3S

160 370 1137

To prohibit sale of seed cotton in Butts county . . 479 482

1082

To prohibit sale of seed cotton in Taliaferro county

between certain seasons . . . . . . . . . . . . 466

To require a record of all lint cotton and other farm

products purchased . .

. . . . . . . 147 44b

To prohibit transportation of. seed cotton in Harris

county . . . . . . .

. . . . . 59() 849 1161;

To prohibit the sale of cotton seed in )[onroc county . 850

1172

COUNTY OFFICERS-

A bill-To create office of road and bridge inspector for Jasper county . . . . . . . . . . 16 141 535 762
To prescribe duties of jury commissioners . . . 1fl 544 560

1670

I.YDE.X.

To er!'ate commissioners of roads and revenue for Clayton count~- . . . . . . . . . . . 30 200 536

'l'o amend county commissioners' act of Gordon county 36

668 1134 To create commissioners of roads and revenues tor

Berrien county . . . . . . . . . . . . . . 37 210 538

To create a bonrd of nssessors for Chatham county . 38

200 544 To prohibit county officers from serving as jury com-

missioners . . . . . . . , . . . . . . . . 40 444 639

Requiring county commissioners of Campbell county

to hnild a court house in eat'h distriet . 79 311 705

To provide for a board of examiners to examine books

and accounts of county officers .

. . . . . . 80

To amend the county commissioner act of Mcintosh

county . . . . . . . . . . . . . .

87

To create the office of solicitor of the county court

of Macon eour.ty . . . . . . . . . . . 101 19.3 301

To amend the county commissioner act of Houston

county . . . . . . . . . . . .

. 134 44() 708

To designate the officers of Terrell County Court . 144

211 618 To abolish the County Court of Ware county . . . 144

To authorize the Ordinary of Baldwin county to pay

expenses of prohibition slection . . . . . . . . . 168

Authorizing Commissioners of Hoads and Revenues

of Burke county to issue and sell bonds . . Hi8 200 383

To authorize County Treasurer to pay orders out of

difterent funds th:m that 011 which drawn . . . . 170

To erente a Board of Commissioners for McDuffie

county . .

. . . . . . . . . . 190 646 1024

To allow the Ordinary of :VIarion county to levy a

special tax . . . . . . . . . . . . . . . 1!Jl 646 683

To amend an act creating a Board l'lf Assessors for

Richmond county . . . . . . . . . . . 1ll6 647 1026

'l'o amend the Uounty Commissioners' act of Thomas

county . . . . . .. . . . . . . . . . . 197 647 1090

To <'reate a Board of Commissioners for Union county 199 647 683

To create u Boa.rd of Commissioners for Irwin county 199 257 590

To create a Board of Commissioners for Baldwin county . . . . . . . . . . . . . . . . . . . . 257

To create a Board of Commissioners for Mcintosh C'ounty . . . . . . . . . . . . . . . . . 25~l 648

Authorizing the commissioners of .Mitchell county to

submit to the legal voters the question of issuing

bonds . . , , . . . . . . . . . . . . . 260 1067

' ..

IXLIEX.

1671

To amend the county <ommissioners' act of Gonlon

county . . . . . . . . . . . . . . . . . . . . :-l69

To define the officinl term of county commissioners of

Johnson county . . . . . . . . . . . . . . . . H6\l

To provide a board of examiners of engineer,; for Ful-

ton county . . . . . . . . . . .

. 42\J fi(i\1 lUi

To repenl the county commissior.ers net of Paulding

county . . . . . . . . . . . . . . . . . . . 444 511

Requiring clt>rks of superior eourts to file all charters

granted by sup<lrior court,: in office of Secretary of

State . . . . . . . . . . . . . . . . . . . 4();, 105ti

To provide a jury commissioner !or each militia dis-

trict of Habersham county . . . . . . . . 46ii 1169 \):1\1

To provide for ~lection of county school commisioners

of Habersham county . . . . . . . . . . 4iii fi70 \1:3\l

Hequiring commissioners of Fulton county to pay

over funds arisinfj from sale of fences between Ful-

ton and DeKalb counties to county treasnrer 487 6i0

747 1161

To authorize the ordinary of Habersham county to
sell certain tax fi. fas . . . . . . . . . . . ,-,n 0\HI 116:;

To authorize commissioners nncl ex-officio judges of

Ch\ltham county to sell th< "ite of court house . 080 1008

101ifl 10!l4

To ve;t in commi"sioners nnd ex-officio judges of Sa-
nnnah cont'rol of old cemetery . . . . . ;;so 118\1 1:107

To create office of solicitor of county court of. }{aeon

eounty . . . . . . . . . . . . . . . . . . . . 600

To require commissioners. of .Fulton county to est>th-

lish a voting precinct in each ward of. Atlanta . 61:; 640

To increase the eompensntion of reeeivers and colle<-

tor' in this State . . . . . . . . . . . . 847

To make the sheritt' of Decatur ,otmty ex-officio sher-

ift' of the county eourt . . . . . . . . . . :H7 \1\1.) 10:38

COUNTY LINES-
A bill-To define and fix county lines . . . . . . . ::s :l0\1 ii4
To change the line between Wnreand Pierce conn tic" 80

{_)\lURTS-CoGe<TY, CITY ..l.ND CRnrre<AL-

A bill-To amend the county court act of Calhoun and other" !! 211 ;,:):\
To amend the criminnl court act of Dectttur l'ounty . !J 211 :l84
To establish a county eourt for Early county . 15 210 884 H25
To fix the time of adjournment of city and superior <'OU rt~ . ~ . . . . . . . . . . . . . . 5D 2.~, 7 [)!5

1672

INDEX.

To repeal the county court act for Coweta county . 1!l2
1068 1089 To abolish the county court of Glynn county . . 146 448
722 To create a county court for Montgomery county . 190 To amend the county court act of Bartow county . 269 648
667 1096 1126 1134 Abolishing the county court of Upson county . . 324 699
1118 To amend an act making judge of city court of Rich-
mond county ex-officio commissioner of roadF, etc. . 324 1118 1162
To amend the city court act of Floyd county . . 324 666 1119
To amend an act establishing a dty court of Macon . 337 667 1126
To abolish the county court of Pike county . . 338 667 To amend the city court act of Bartow county . . 357 367
667 To amend the city court act of Richmond county . 369
666 848 1136 To provide for the election of county court bailiffs . 391 To constitute the judge of the city court of Richmond
<'ounty ex-officio commissioner of roads and revenues . . . . . . . . . . . . . . . . . . . . 488 1056 To establish the city court of~ewnan . . . . . 546 887 To amend the city court act of Carrollton . . 596 699 1166 To abolish the county court of Henry county . . 1175 1313
cou RT~-Sl"PERIOR-
A bill-Requiring clerks of &uperior courts to keep a duplex index book . . . . . . . . . . . . . . . . . 43 44
To fix time for adjournment of city and superior courts 59 To change the time of holding the superior court of
Coffee conn ty . . , . . . . . . . . . . . . . 146 To change the ti111e of holding the superior court of
Burke county . . . . . . . . . . . . . 169 448 930 To change the time of holding superior courts for the
counties of Clay aud Quitman . . . 170 200 234 To authorize judge of to accept pleas of guilty and
pass sentence in vacation . . . . . . . . 196 To change the time of holding the superior court of
,J a~per conn ty . . . , . . . . . . . 234 338 :376 To <'hange the time of holding superior courts of the
Macon drcuit . . , . . . . . . . 392 668 1144 To change the time of holding the f111l term .of the
,uperior court in Clarke county . . . . . . 700 766

I~DEX.

1673

Requiring clerks {)f superior courts to file all charters granted by superior courts with the Secretary of t;tate . . . . . . . . . . . . . . . . . . . 1056

COURTS-SUPREME-

A bill-Requiring the clerk of the supreme court to forward

copies of opinions in certain cases .

. 93&, 982

EDUCATIONAL-

A bill-To regulate the control ot educational institutions . 66 167

217

To provide a free school system for the city of Cov-

ington . . . . . . . . . . . . . . , . . 72 153 461

To amend the act establishing a school system in New-

nan . . . . , . . . . . . . . .

. . 132 311 383

To authorize Cedartown to establish a system of free

schools . , . . . . . . . . . . . . . , . . . 143 274

To authorize the sale of property of the Elberton

Female Collegiate Institute .

. . 172 615 931

To change the mode of electing trustees of tho Ef-

fingham Academy , , . , . , . , . . . . 172 615 931

Authorizing trustees of the Elbert County Male

Academy to sell property of same . . . . . li2 615 981

To revise and consolidate thP common school law of

this State .

. . . . . . . . . . . 176 265 566

To provide for annual meetings of the Teachers' In-

stitute . . , . . . . . . . . . . . . . . . . 176 265

To extend the public school terrr~ in ;\litchell county 260

648 I 116

To require the board of education of Upson county to

pay pro rata of school fund to Thomaston Star

school . . . . . . . . . . . . . . . . . 337 1139 l 122

To establish a school system for the town of Waycross 368

848 1137

To establish a school system for Washington, Ga. . 425

668 1145

To establish an industrial female college . . . . 465 767

To establish branch schools of the university in each

county . . , . . . . . . . . . . . . . . . . . 587

To issue bonds to build school houses in Eatonton . 619

700

To incorporate the Tallapoosa )lale and ~~<'emale col-

lege . . . . . . . . . . . . . . . . . . !119 849 1168

To amend an act to establish a public school system in

Athens . . . . . . . . . . . . . . . . 702 85J 1172

ELECTIONS-

Of Chief Justice ot the Supreme Court . . . . . . . . . . tlO 63

167-1

11\DEX.

Of Judge of the Chattahoo<>hee circuit . . . . . . . . . . . . . 63 65

A bili-Authorizi.ng the Gov:er.nor to order an election in re-

gard to the sale or lease of the 'Vestern and Atlan-

tic railroad . . . . . . . . . . . . . . . . . . 268

To provide compensation for electiou managers m

McDuffie county . . . . . . . . . . . . . . 429 1145

'Election of an Associate ,Justice of the Supreme Court

in place of Hon. 8. Hall . . . . . . . . . . . . 571

Election of Hon. Thomas .J. Simmons as Associate

Justice of the Supreme Court . . . . . . . !)71 574 576

Election of judge of the Superior Court for the Macon

Judicial UiTcmt : . . : . . . .

579

Election of .T udge G. 1Y. Gustin . . . . . . . . 603

EXEMPTIONS-

A bill-Granting exemptions to Southern Cadets . . . . !l 212 525 To exempt Atlanta Artillery from jury .duty . . . . 74 To exempt lot of land No. 191 in flth district of Handolph county from taxes . . . . . . . . . . . . 136 To exempt the Ri(hmond Huzzars from jury duty . 170 615 1020 To exempt 125 members of the Atlanta Artillery from jury duty . . . . . . . . . . . . . . . . . 391 1161
To exempt ;,o members of the Clarke I.ight Infantry
from jmy duty . . . . . . . . . . . . . 488 H38 1162

FEES-
A hill-To fix the fees of clerks d >uperior and city courts . 168
699 1015 To provide for the pay of certain jurors attending but
not serving . . . . . . . . . . . . . . . . . . HJO To increase the fees of justices of the pence, notaries
public and constables . . . . . . . . . . . . 367 699 Fixing the fees of ordinary of Ch11tham eounty . . 38 200
543 To authorize ordinaries to iRsue fi. fns. for their costs . 74
55~
To fix the fees of county solieitor of Walton county . 569 ti!)fl 1131

FELONIES-
A bill-To change the penalties for larcenies after truot . . 260 To make the burning of certnin houses a felony, etc . 9:J8 981

FERTILIZERS-

A bill-To regulat<.' the snle of commer<.'ial fertilizers . . 73:1 850 1037

IXDEX.

1675

FINE8 AND l!ORFEITUUES-

A bill-To repeal an act to dispo,;e of fine;; and forfeitures in Sumter county court . . . . . . . . lOG G47 709 1!)85

FOREIGN CORPORATIONS-

A bill-To prevent foreign corporations doing bu,;iness in this State under <;ertain circum,;tances . . . . . . . 209 299

GAME LAWS-

A bill-To protect game in .Jasper <"ounty . . . . . . . . lli 706

To protect game at certam seasons in Habersham

county . . . . . . . . . . . . . .

. 46G 1147

To protect game in Troup county . . . . . 30 G6G 1118

To protect game in .Jasper county . . . . . . . . 80 141

To prohibit fishing and hunting on the lands of an-

other in Irwin county . . . . . . . . . . . . 133 257

To prohibit hunting and fishing on the lands of an-

other in V{ ashington cour. ty . . . . . . . 144 447 720

To protect fish in the Hiwassee river . . . . 145 265 720

To protect game and birds in the county of Montgom-

ery . . . . . . . . . . . . . . . . . . 190 2-i7 1025

To prohibit hunting and fishing on the lands of an-

other in V{ ayne county . . . . . . . . . 196 (j.! I 1023

To prohibit the killing of deer and turkep at certain

seascns in White county . . . . . . . . 201'1 fl47 10\!3

To protect game in Troup county . . . . , . . . . 270

To protect game in Fulton county . . . . . . . 61i1 G41

To prevent fishing in Flint river between certain sea-

sons of the year . . . . . . . . . . . . . . . . 369

To protect mocking birds in Madison . . . . . . . 417

To make it illegal to fish with seines in the Alapaha

river and its tributaries .

. . . . . 456 1057

To protect birds and game in Newton county . . 569 670

11G4

To prohibit fishing with seines in the Alapaha rher,

Wilcox count~ . . . . . . . . . . . . . . . 762 1178



GATES-

A bill-To allow tlie erection of gate> in Stewart eounty . . i3

INSPECTION LAWi:l-

A bill-To ameml the guano inspection laws . . . . . . . . 16

To provide for the inspection of petroleum . . . . ;15 309

To amend the guano inspection law,; . . . . . . . . 391

Requiring inspection fees of oil to be paid into the

treasnry . . . . . . . . . . . . . . . . . 396 4\l9 579

Providing for the appointment of inspectors of pro-

visions . . . . . . . . . .

749

1676

INDEX.

INSURANCE COMPA~IES AND LAWS-

A bill-To incorporate the Guannty llutual Insurance Com-

pany . . . . . . . . . . . . . . . . . . . 10 614 704

To incorporate the Georgia Mutual Insurance Com-

pany of Savannah . . . . . . . . . . . . 39 544 857

To incorporate the Southern Phrenix Insuran.ce Com-

pany . . . . . . . . . . . . . . . . . . 66 1056

To incorporate the Marietta Insurance Company .. 78 698

863 1089

To amend the eharter of the Atlanta Home Insurance

Company . . . . . . . . , . . . . 189 615 1021

To eontinue in force an act to incorperate the Geor-

gia Insurance Company . . . .

. 189 646 1025

To incorporate the Manufacturers Insurance Mutual

Aid Society . .' . , . . . . . . . . . 259 648 1114

To incorporate the Title, Guarantee and Loan Com-

pany of Savannah . . . . . . . . , 267 ~65 939 1602

To incorporate the Georgia Fire Insurance Company

of LaGrange . . . . . . . . . . . . . . . . 480

To provide when stipulations in policies shall work

a forfeiture of same . . . . . . . . . . . . . 1112

.JUDGES-

A !Jill-Authorizing judges of superior courts to grant char-

ters in vacation . .

.. .. ,..

70

To provide for expenses of judges of superior courts

outside of their own judicial circuits .

. 466 938

.JUDICIAL CIRCUITS-

A bill-To amend an act creating a new eircuit.: 16 211 891 1112

JURORS AND JURIES-

A bill-To fix compensation of grand and petit jurors in Campbell county . . . . . . . . . . . . . . , . , 59 310
Authorizing juries to recommend defendants to mercy and prescribe effect of same . . . . . . . . 82
To provide in certain counties for the annual revision of jury lists . . . . . . . . . . . . . . . . . . 84
To provide the manner of drawing grand and petit jurors . . . . . . . . . . . . . . . . . . . . . 147
To fix the pay of jurors in cases of lunacy . . . 170 615 Requiring grand juries to inspect the sanitary condi-
tion of county jails . . . . . . . . . . . 309 471 To alle>w pay to jurors sworn in cases of lunacy and
idiocy . . . . . . . . . . . . . . . . 451 669 1020 To fix the pay of jurors, etc., in Mitchell county , , 487 To provide pay for jurors who answer to summons to
appear, but are excused from service .. , , tn6 1024

INDEX.

1677

To provide compensation for jurors trying questions

of damage in road cases .

. . . . . 924

.JUSTICES OF THE PEACE AND JUSTICE COURTS-

A bill-To regulate fees of Juetices in Chatham county . .

12

Requiring Justices to recordji. fas. on docket of Clerk

Superior Court. . . . . . . . . . . . . . .

13~

To allow fees to Justices where no fees are now pro~

vided by law . . . . . . . . . . . . . . . . 214 297

To provide for removal of cases in certain cases. . :336

To pTovide pay for Justices furnishing lists of tax

payers . . . . . . . . . . . . . . . . . . . 3:38 938

To allow grand juries to prescribe fees of Justices

and Constable~ in certain cases . . .

427

To change the venue of .rustice Courts . . . . . 117:) 1289

LABOR-

A bill-To regulate the employment of labor . . . 4111 718 749 753

LANDS-SALEH OF, ETC.-

A bill-To authorize sale of land by Hernai Israel . . 10 210 5:34

To provide for the survey of wild lands . . . . . . 15 211

To allow certain rights to bona fide purchasers of land :30

To provide for taking land which is private property

to erect a public building thereon . . . . . 134 311 i\0~1

To cede to United States jurisdietion over land in

Savannah . . . . . . . . . .

. . . . 134 445 50!1

To authori?.e salw ofland lot No. 74fl in lith district

of Cobb county . . . . . . .

. . . . . . . ~28

LIENS-

A bill-To amend the law creating liens of mechanics. . . 258 69!!

10~)::;

To cr~tate a lien in faYor of physicians on crops of

tenants.

42.'{

LIQUOR LAWS-

A bill-To prohibit sale and manufacture of intoxicants near

Odd Fellows Hall in Caines . . . . . . . . 12 211 :;::4

To prohibit sale of liquor near "\Valnut Gron Acad-

emy, in Walton county . . . . . . . . . . . . 29 1118

To amend the liquor law of Warren county

8::

To impose a tax of $10,000 on wine rooms . . 105 109 114

119 584

To prohibit manufacture and sale of liquor near Mace-

donia church, in DeKalb county . . . . . . . 14G 1146

To prohibit sale of liquor near Mt. Zion church, in

Meriwether county . . . . . . . . . . . . 140 447 720

1678 '

IXDEX.
To prohibit sale of liquor near )lt. Carmel church, in \Valton county . . . . . . . . . . . . . . . 199 647
To amend an act relating to the sale of li<]uor in Calhoun and Resaca, Ga . . . . . . . . . . 212 525
To prohiLit sale of liquor near Pleasant Hill l\1. E. thurch, in Jackson county . . . . . . . . . . 214 416
To amend the prohibition act of Taylor county . . 259 961 To prohibit ~ale of liquor to persons drunk at the time 268
699 To amend the liquor lnw of ,Jefl'erson, Burke and
\Va,hington countic;o, to embrace H.ichmond. . . 309 To prohi bit sale of liquor near Trimty l\1. E. church,
Gwinnett count~. . . . . . . . . . . . . . . 310 547 To prohi bit sale of liquor near l\Iethodist Church at
.Jersey, Ga . . . . . . . . . . . . . 822 368 li68 1137 To prohibit sale of liquor near Walnut Grove Acad-
emy, \\'alton, Ga. . . . . . . . . . . . . . . :328 666 To prohibit the manufacture of liquor in Fayette
county . . . . . . . . . . . . . . . . . 823 666 1119 To prohibit the manufacture of distilled liquor in
Clayton county . . . . . . . . . . . . . 323 667 1122 To allow voters of Dade to vote on local option . . . 338 To prohibit the manufaeture of liquor in Campbell
COUll ty. . . . . . . . . . . . . . . . . 347 667 1125 To prohibit the sale of liquor near Gillsville Baptist
Church, in Banks county . . . . . . . . 357 G67 11'27 To prdlibit the sale of liquor near Bethlehem Acad-
emy, in Walton county . . . . . . . . 368 668 1137 To amend the liquor laws of Coweta county . H91 668 1057
1144 To rrohibit manufacture or sale of liquor in DeKalb
county . . . . . . . . . . . . . . . . . . . 428 669 To amend the liquor law of Emanuel county . . . 445 719 To prohibit manufacture and sale of liquor near Elli-
jay Seminary . . . . . . . . . . . . . . . . 463 To prohibit manufa8ture and s>~le of liquor near Mid
way )lethodist Church, Banks county . . . 467 670 1148 To prohibit sale of liquor near .Tohn Wesley M. E.
Church, etc, Social Circle . . . . . . . . . . . 468 G70 To ngulate the sale of liquor in any col!nty of Geor-
gia. not under local option . . . . . . . . . . . 488 To amend the liquor law of Pike county . . . 98 !)11 1113 To amend the liquor act of Jefferson, Burke and Wash-
ington so as to embrace Richmond . . . . . . . 513 To prohibit the sale of liquor near County Hne
( 'hnrch in Bartow county . . . . . . . . . . . 517 To prohibit sale of li<1uor near Baptilit church at Her-
zibah . . . . . . . . . . ii80 670 116

lSD EX.

1679

To require dealers in liquor to pay taxes and license fees. etc... . . . . . . . . . . . . . . . . . . 624
To prohibit the sale of liquor near Lula M. E. church, Hall county . . . . . . : . . . . . . . . . . . 689
Authorizing the sale of domestic wines . . . . . I 49 800 To prohibit the manufacture and sale of liquor in the
i46th.district G. M . . . . . . . . . . . . . . 924 117\1 To prohibit the manufacture and sale of liquor near
)lo,ore's Grove church in Clarke county . . . . . H8:~ T(> prohibit the sale <if lituor near Salem Baptist
church,,Gordon county . . . . . . . . . . . . . lllK

LOTTERIES-

A bill-To modify the lottery.laws of this State . . . . .~!1 :l09 0'l8

MANt:FACTUHI::YG'AND :\IiNI::YG CORPORATIONS-
A bill-To amend the eharter of the Yan \Vert (~uarrying and :\lining Company . . . . . . . . . . 13) 445 709
To incorporate the Cleveland )Ianufacturing and Improvement Company. . . . . . . . . . . . . . . :347
To define the liability of manufacturing, mining and other ~m:porations. . . . . . . . . . . . . . . . 470

MEDICAL-

A bill-To levy and collect a t~x on certain physicians.

41

ME)lORIALS-

Of citi><ens of Stewart eounty . . . . . . . . . . . . . . . 12 Of certain representatiYes of labor in Augusta and Columbus 620 Of Woman's Christian Temperance Union . . . . . . . . . I 40

MESSAGES-FROM SENATE-

7 8 34 42 110 122 1:~0 167 207 22li 2:37 :263 264 :319 344 :{67 -!82 -!56 461 -!i3 508 545 556 .).)7 5li3 582 '>90 .)98 G22 636 644 652 ti73 ti\J6 730 732 770 805 808 8G9 884 885 894 916 950 95-! 964 9\)3 1008 1011 1030 1033 1060 1086 1100 1129 1152 1185 1307 1333 1338 1346 1348 1859 18G4 1370 1:180 lii8t) 1592 1594 1595 1601 1607 1G17 1622 1623 1626
16?7 1645 164tl 154\1 1650 1658

.MESSAGES-FRO)! GllYERNOR-

17 to 3-~ 204 241 255 286 298 875 cl\l4 -!OG -!26 .t07 -!60 52.1 578 590 600 625 635 653 730 751 762 7G:'I 77:-1 780 8GG 925 969 1009 1084 1085 1159
1292 1293 1325 1634 1M4
MILITARY-.

A bill:_To incorporate Fi"rst Vol. Hegt. of G a . 12 212 tl46 704

1680

INDEX.

To amend an Act to organize and discipline the vol-

unteer troop~ of this State . . . . . . . . . 70 937

To provide a corr.missioned su,.geon for the artil-

lery . . . . . . . . . . . . . . . . . 132 445 877

To amend an Act to better organize the volunteer

troops of this State . . . . . . . . . . . . . Hl8 937

To amend the title of an Act to better organi7.e the

volunteer troop~ . . . . .

. . . . . . . . . 267

To amend an Act to provide for organization of the

militia, etc . . . . . . . . .

. . . . . 734 982

MISCELLANEOUS CORPORATIONS-

A bill-To incorporate the Survivors' Association of Hth Ga.

regiment . . . . . . . . . . . . . . . . . . . 87

To incorporate the Atlan,ta Chemical Company .. 214 2\17

To incorporate the Progress Loan Improvement and

Manufacturing Company . . . . . . . . 234 648 107;{

To incorporate the Anthony Shoals Land Improve-

ment Company . . . . . . . . . . . . . . . 321

To incorp~_,rate the Printup City Land Improvement

Company . . . . . . . . . . . . . . . . . . . 487

To incorporate the Augusta Steamboat Company . 587 700

To incorporate the Waynesboro Loan and Improve-

ment Company . .

. 734 914 1172

To authorize the Georgia Electric l\Iour.d Company

to build a railroad . . . . . . . . , . . . . . . 1,126

l\IISCELLAN EO l'S-

A bill-To prescribe the time for boxing trees for turpentine 15

210 53\J 700

To create a board of pardons. . . . . . . . . 36 444 594

To preYent peddling on another's land without con-

sent. . . . . . . . . . . . . . . . . . . . . . 445

To protect cemeteries and dispose of certain dead

bodies . . . . . . . . . . . . . .

48

'fo authorize sale of certain land of a Presbyterian

church, in Columbus . . . . . . . . . 70 444 548 70,:;

To prohibit dealing in "futures," etc . . . . . 70 445 861

To regulate employment of minors in factories, etc . 736

To create a bureau of labor, etc . . . . . . . . . . 7:l

To provide for the care of incurable patients in the

lunatic asylum . . . . . . . . . . . . . . . . . 1292

Authorizing sale of land by Trinity Church, in Co-

lumbus. . . . . . . . . . . .

. 79 310

To pre,ent the sale of opium. . . . . . . . . . . . 83

To prodde a home for imbecile children. . ._ . . . . 86

To proYide for establishing line between Georgia and

Tl"nnessee. , . . . . . . 443 473

INDEX.

1681

To protect against color blindness of railroad employ-

ees. . . . . . . . . . . . . . . . 144

To regulnte the capture of terrapins . . . . 147 210 274

To confer police powers on church officers. . . 488

To define what is posting land in this State . . 101 210 8i7

To define and restrict corporate privileges of I!'irst

Presbyterian church of Augusta . . . . . 170 615 1020

To nmend an act to establish a reformatory institu-

tion for Hi('hmond county . . . . . . . 196 647 1025

To require locomotive engineers to be examined and

licensed by a board, etc. . . . . . . . . . . 198

To declare void notes given for ten per cent. attor-

ney's fees in addition to legal interest . . . . . 213

To prevent officers of banks, ek., from borrowing

money of said ba~ks without consent of the direc-

tors . . . . . .

. . . . . . . . . . . . . 213

To amend the law in regard to maimed Confederate

soldiers . . . . . . . . . . . . . . . . . . 213 309

To prevent civil officers from serving on juries . . . 391

To more fully proteet laborers on land . . . . . . . 258

To preserve good order and behavior in Westview

cemetery . . . . . . . . . . . . . . . . . . 300

To prescribe the mode of selling trust property . . 308 376

Requiring the indexing of deeds and other papers of

record . . . . . . . . . . . . . . . 308 757

To fix compemation of sheriff of supreme court . . 309 536

To dispose of certain moneys in Dodge county for

bridges . . . . . . . . . . . . . . . . . . . . 311

To lease the State's reserve at Indian Kprings . . 338 1175

To remove the county site of Worth county .

367

To prohibit the discharge of fire arms near public

roads, etc . . . . . . . . . ..

451

To purchase the tiles of the Southern Recorder

452

To prevent fraud on travellers in sale of tickets of

common carriers . . . . . . . . . . . . . 517

To prohibit the sale of seed cotton in "\Vilkes county. 668

To provide for tran~fer of stock belonging to estates

of non-residents . . . . . . . . . . . 707

To prohibit tho sale of seed cotton in Monroe county. 733

To require dealers in country. prodnee on commission

to send price received with account of sales, etc 734

To provide for certaifl incurable patients in the Luna-

tic Asylum . . . . . . . . . . . . . . . 847

To protect owners of bottles used in sale of soda wa-

ter and other beYerages . . . . . . . 938

106

1682

INDEX.

Jr1ISDEMEANOR8-

A bill-Prohibiting ale of tobacco to minors . . . , . . . . 10

To make oral slander a misdemeanor . . . . . 59 444 547

Providing a penalty for improper payment of public

money . . . . . . . . . . . . . . . . . . . 72 310

To prohibit sale of' articles with indecent pictures . . 99

To make it penal to interfere with the lawful employ-

. ment of another . . . . . . . . . . . . . 86 311 864

To make disclosures of secrets by physicians a misde-

meanor . . . . . . . . . . . . . . . . . . 172 615

To punish defacing or tearing down notices posted by

railroad companies . . . . . . . . . . . . . . . ] 91

To punish ,heating railroad companies by refusing to

pay fare . . . . . . . . . .

196

To make drunkenness a crime, etc. . . . . . . . . 264

To define the offense of blackmail . . . . . . . 444 535

To prevent frauds on travelers by sale of bogus rail-

road tickets . . . . . . . . . . . . . . . . . 1057

MUNICIPAL CORPORATIONS-

A bill-To incorporate the town of Williamsburg . . . . . 10

To incorporate the town of Kennesaw . . . . 10 212 525

To amend the charter 0f l{oswell . . . . . . . . 10 212

To extend the corporate limits of Columbus . . 11 312 331

The amend the charter of Waycross . .

. 29 311 706

To authorize Thomasville to issue bonds

. 30 211 536

To authorize the mayor of Thomasville to sentence

offenders to work the streets . . . .

721

To exempt certain land in the town of West Point

from taxation . . . . . . . . . . . . . .

29

To extend corporate limits of Thomasville for police

purposes . . .

. . . . . . 30 210 536

To incorporate the town of Bartow . . . . . . 36 211 537

To amend the charter of Atlanta so as to provide an-

other assistant tax receiver . . . . . . . . . . 38 539

To amend the charter of Atlanta as to board of water

commissionni . . . . . . . . . . .

: . . 39 705

To repeal the charter at Swainsboro . . . . . 39 210 539

l'o amend the charter of Cumming . . . . . . . . 41

To amend the charter of J>almetto . . . . . . 39 312 545

To amend the charter of Atlanta by extending her

corporate limits. . . . . . . . . . . . . . 66 310 445

To amend the charter of Greenville . . . . 70 310 549

To amend the charter of Atlanta as to a sinking fund 73 444

To incorporate the town of East Point . . . . . . 75 To amend the charter of Warrenton . ~ . . . 78 310 713

INDEX.

1683

To amend the charter of Atlanta creating a lien on property of suretios, etc . . . . . . . . . . . . 79
To amend the charter of Waycross . . . . . . . . 79 To amend the ch11rter of the town of Salt Springs . 87 140
160 To incorporate the town of Williamsburg. . . . . 98 131 To incorporate the town of Woodbury . . . . 100 153 339 To extend the corporate limits of Atlanta over Pied-
mont park. . . . . . . . . . . . . . . . . 100 468 To amend the charter of the town of Sparta, Ga . 140 7~9 To amend the charter of the town of Jewell's Mills,
Hancock county . . . . . . . . . . . . . 141 ta4 904 To authorize Fort Gaines to build a bridge over the
river. . . . . . . . . . . . . . . . 145 447 720 1124 To amend and ~onsolidate the acts incorporating the
city of Rome . . . . . . . . . . . . . 172 615 1020 To authorize the town council of Eloorton to issue
bonds for school purposes . . . . . 172 615 1020 1lfi8 To amenil the charter of Montezuma. . . . . 189 616 891 To amend the charter of Valdos_ta . . . . . 190 616 1024 To amend the charter of Ellijay . . . . 189 615 1021 To incorporate the town of Ocean City, in Chatham
county . . . . . . . . . . . . . . . . . 198 647 9:;4 To apply a certain act t0 the incorporate towns and
village" of Harris county . . . . . . . . . . . 212 470 To inco'rperate the town of Cornelia . . . . 234 647 1093 To incorporate the town of Hugar Valley . . 259 648 1095 To establish a mw charter for Camilla . . . 264 648 1177 To amend the charter ot Atlanta so as to allow an in-
crease of certain salaril!s . . . . . . . . 267 666 1117 To amend the charter of Harmony Grove . . 267 669 920 To define boundaries of certain lots in the city of Sa-
vannah . . . . . . . . . . . . . . . . . . . . 268 To authori?.e the mayor and council of Milledgeville "
to submit to a vote the question ot taxation to support Middle Georgia College . . . . . . . . gog 524 'To create a police commission for the city of Macon . 301 To incorporate the town of Logansville . . . . . 309 525 To provide a new charter for Tennille . . . . 312 513 702 To amend the charter of the town of Austell. 323 666 1121
1649 To provide for election of city marshals, policemen, etc 336 To amend tha charter of Macon and provide a board
of registration . . . . . . . . . . . . . . . . . 337 To incorporate the town of Rising Fawn . . 338 667 1125 To authorize the town council of Millen to levy a tax
for school purposes . . . 347 667 1125

1684

INDEX.

T" authorize appropriation of money arising from' the sale of liquor in the town of Dublin to st~hool pur-

poses . . . . . . . . . . . . . . . . . 390 937 1136

To incorporate the town of Hillsboro . . .. 370 1056 1135

To authorize improvement of streets in Savannah . 390 709

To amend the charter of the town of Blakely . . . 383

To amend an Act extending the corporate limits of Savannah, etc . . . . . . . . . . . . . . . . . 392

To amend the charter of Carrollton. . . . . . . 892 1056

To allow municipal corporations to establish school

system~, ek . . . . . . . . . . .

. 417 964 1374

To amend the charter of Hampton . . . . . . . . 426

')\) amerd the charter of Jug Tavern . . . 427 1175 1354

To amend the charter rf Villa Rica . . . . 443 669 1147

To amend the charter of Fort Valley . . . . . . 448 722

To amend section !I of an act to amend the charter of

Dalton . . . . . . . . . . . .

. . . 448 722

To amend the charter of Dalton ,

. 448 722 7'27

To provide water works for Dalton To amend tl~e charter of Belton

. 448 727 . . . 448 928

To amend the charter of Adairsville

. . . 448 928

To confirm and amend the charter of Chokee . 452 669 920

To amend the charter of Americus . . . . . 452 669 874

To repeal the charter of Tallulah Falls . . . 467 849 1354

To repeal an act exempting certain lands in the city

of ~ewnan from taxation . . . . ; . . . 467 700 1147

To repeal an act to change the corporate iimits of

Newnan . . . . . . . . . . . . . . . . 467 670 1148

To amend the charter of Cairo . . . . . . . . . . 477

To amend the charter of Conyers . . . . . 516 84~ 1162

To incorporate the city of Culloden . . . . 543 670 1163

To amend the charter of Atlanta in regard to sale of liquor in Fulton county . . . . . . . . . 570 848 1035

To amend the chart11r of Griffin . . . . . . . 580 849 934

To incorporate the town of Blue Ridge . . 580 849 1074

To in,orporate the town of Guyton . . . . . 596 849 1Hi5

To authori>~e incorporated towns to condemn land as

streets . . . . . . . . . . . . . . . . . . 596 1076

To amend the charter of Carnesville. . . . . . . 614 706

To extend the corporate limit~ of Sparta. . . . . . . 614

To incorporate the town of Tarver. . . . . . . . 615 931

To incorporate the town of Concord. . . . 619 700 1168

To authorize establishment of a public school system

for the town of Washington . . . . . . . . . 668

To incorporate the town of Collinsville, in DeKalb

and Rockdale counties. . . . . . . . . 690 1076 1171

';l'o. amend an act relating to the Commons of Colum-

bus. . . . . . . . . . 698 1058 1177

IXDEX.

1685

l'o incorporate the town of Bluffton, in Clay county 698 850 1171

To consolidate, amend and supercede the charter of

Lincolnton . . . . . . . . . . . . , . . 768 938 1184

To amend the charter of the city of Dawson .. 1030 1057 1179

To amend the charter of Thomasville so as to empower

the mayor to work offenders on the streets . . . 145 666

To amend the charter of Fort Y alley, in Houston

county . . . . . . . . . . .

146

To amend section 9 of the ad to charter the city of

Atlanta . . . . . . . . . . . . . . . . . . . . 146

To authorize the mayor and council of Dalton to op-

erate waterworks . . . . . . . . . . . . .

14 7

To amend the charter of the town of Blakeley . . . 152

To amend the ebarter of Carnesville . . . . . . . . 32

To autbori>~e the eity authorities of Athens to lay out

and widen streets . . . . . . . . . 169 1049 1176

To authorize the eity council of Athens to assess costs

of waterworks against certain property . . . . 169 1049

To authorize the city <ouncil .of Athens to levy a

special tax on trades and professions . . 169 1049 1177

To authori>~e the city council of Athens to grade and

pave the streets . . . . . . . . . . . . 169 1049 1176

To authorize the city council of Athens to construct

drains, sewers, etc. . . . . . . . . 169 1049 1176 1642

To amend the charter of the town of Bellton

171

To amend the charter of Adairsville .

171

To incorporate the town of Tarver . . .

172

PEDDLERS-

A bill-To allow W. P. Williams and others to peddle with-

out license. . . . . . . . . . . . . . . . . . . 41

To allow T. M. Nichol~, .Jr., of Towns county, toped-

dle without license . . . . . . . . . . . . . . 132 265

To make it unlawful to peddle on the lands of another

without his consent . . . . . . . . . . . . 134 881

To allow David Lovett, of Dodge county, to peddle

without license. . . . . . . . . . . . . . . . . 13o

To allow L. Nally to peddle without license . . . . 487

To auihori>~e T. W. Vickery to peddle without license

in this State . . . . . . . . . . . . . . 596 84H 1354

Authorizing all Confederate soldiers to peddle with-

out license. . . . .

!l24

PENITENTIARY-

A-'biii-To establi~h a reformatory pri>on . 38 243 249 250 284 297
4118 To establish a State warden and perfect police c mtrol
of convicts . . . . . . . . , . . 81

1686

INDEX.

To establish a permanent penitentiary . 173 257 1007 1346

To amend the Act to provide for leasing penitentiary

convict~. etc . . . . . . . . . .

. 269 1066 1338

To amend the penitentiary lease Act . . . . 369 613 706

PRACTICE-

A bill-To provide for amending affidavits to foreclose liens. . 40

444 538

To regulate new trials, pleas in abatement, etc. . . . 40

Requiring certain affidavits by defendants in eject-

ment cases to be withdrawn . . . . . . . . 58 444 545

Relating to dissolution of corporations by majority of

stockholders in interest. . . . . . . . . .

58

To allow sale of property taken in trover . . . . . . 73

Requiting all caveators of wills to give bond. . . . . 466

To provide for certiorari in ,) ustices Courts in certain

cases. . . . . . . . . . . . . . . . . . . . . . 81

To amend section 1589 of the Code . . . . . . . . 8:?

To provide for pleading and proving failure of con-

sideration to suits on certain notes. . . . . 91 95 98 123

To prescribe the manner of filing defences to distress

warrants . . . . . . . . . . . . . . . . . . . . 154

To more eff<>ctually secure the benefits of cross-exami-

nation by interrogatories. . . . . . . . . . . . . 207

To regulate practice in extradition cases. . . . . . 209

To prohibit collection of attorney's fees in certain cases 212

Amending the law defining duties of Masters in Chan-

cery, etc. . . . . . . . . . . . . . . . . . . 309 473

To authorize foreclosure of mortgageR on crops. . . . 322

}laking divorce verdicts apply to both prties . . . 324

To permit defendants in certain cases to give bail . 391 668

To provide for the return of distress warrants. . . . 54;~

To protect liens of landlords, etc., in certain cases . . 619

To provide a uniform mode of procedure in civil

cases . . . . . . . . . . . . . . . 848 1089 1311

PUBLIC PRINTING-

A bill-To amend the law providing for letting out the public

printing. . . . . . . . . . . . . . .

443 455

To repeal an Act provirling for the printing of the

de~artment of ugrkulture . . . . . . . .

.)96

REPOHTS-

Report of committee on Marietta and North Ga. R R. 1067

Heports of committee on Lunati<- Asylum . . . . . 1326

Heport of committee to investigate charges against

,Judge Fain and others . . .

1589

Report of special committee on l,uno.tic Asylum . . 1589

INDEX.

1687

RAILROADS-

A bill-To amend the charter of Georgia Southern and Flor-

ida Railroad Company. . . . . . . . . 11 125 625

To incorporate the Macon and Alabama Railroad Co 11

444 534 747

To amend the charter of the Mari11tta and North

Georgia Railroad Company . . . . . . 11 153 614 658

To incorporate the At_lantic, A,tlanta and Great West-

ern Railroad and Navigation Company . . . 11 211 379

To amend the charter of Brunswick Street Railroad

Company . . . . . . . . . . . . . . . . 12 614 705

To incorporate the Tennessee, Carolina and Georgia

Railroad Company . . . . . . . . . . . . . . . 28

To authorir.e the release of the W. & A. Railroad . . 29

To authorize the Governor to lease the W. & A. K R 29
To create a laborer's lien on railroads . . . . . . . :n

To ratify the consolidation of the Augusta and Knox-

ville and Port Royal and Augusta Railroads . . :17 200

fi37

To incorporate Savannah, Macon aml. Birmingham

Railroad Company . . . . . . . . , . . . 59 211 775

To amend chartQr of the West End and Atlanta St.

Railroad Company . . . . , . . . . . 66 ::!10 857 1294

To repeal the general railroad law . . . . . . . . 71 1175

To incorporate the North and South Short Line Rail-

road Company . . . . . . . . . . . . . . 133 311 379

To incorporate the Louisville, Waynesboro and Alex-

ander Railroad Company . . . . . . . . . . . 108 511

To incorporate Central City Street Railroad Company 81

311 1089

To amend the charter of the Georgia, Southern and

Florida Railroad Company . . . . . . . . . . . 98

To incorporate the Georgia Terminal Railroad Co. . 100

210 81l4

To amend the charter of Rome and Carrollton Rail-

road Company . . .

. . . . . . . 101 211 376

To amend the .charter of Rome and Northeast" Rail-

road (;ompany . . . . . . . . . . . . . 133 311 709

To incorporate the Ore Belt Rail~oad Company . 135 445

709 1076

To incorporate the Albany, Cuthbert and Western

Railroad Company

. . . . . . . . 136 614 891

To incorporate the Albany Street Railroad Company 36

614 904

To incorporate the August>~, Gibson and Sandersville

Hailroad Company . . . . . . . ; . . . 136 616 891

1688

IXDEX.

To incorporate the Augusta, ThomasYille and Gulf

Railroad Company . . .

. . . . H6 447 892

To amend the charter of the Atlanta and Hawkins-

ville Railroad Company . . . . . . . . 144 447 927

To incorporate the LaGrange Street Railway Co. . . . 144

669 719

To incorporate the Brunsw'ick and Atlanta RailrGad

Company , .:. . . . . . . 153 367

To incorporate the Savannah, Vernon and Rosedew

Railroad Company . . . . . . . . . . 198 647 1090

To incorporate the Long Shoals Ro<'kland Railroad

Company . . . . . . . . . . . 198 647 1090

To amend the eharter of the Metropolitan Street Rail-

read Company . . . . . . . . . . 209 300 559 997

To incorporate the Eastman and Americus Air-Line

Railroad Company . . . . . . . . . . 213 514 1647

To amend the charter of the Macon City and Subur-

ban Street Railroad Company . . . . . . . . . 213

To incorporate the Thomasville and Florida and

Western Railroad Company. . . . . . . 214 418

To ratify the charter of the Eatonton and Madison

Railway Company . . . . . . . . . . 214 384

To incorporllte the Blue Ridge Railroad 71 258 310 848

8!11 1094

To provide for the disposition ot the Western and At-

lantic Railroad. . . . . . . . . . . . . . . 258

To incorporate the Macon City and Suburban Rail-

. way Light and Power Company . . . . . 266 997 1116

To incorporate the Alabama Midland Railway Com-

pany . . . . . . . . . . . . . . . . 266 665 1117

To incorporate the Columbus Railroad Company . 266 433 447 559

To amend the charter of the Georgia Midland and

Gulf Railroad . . . . . . . . . . . . . 266 666 1117

To extend the charter and powers of theW. & A. R.R. 321

To incorporate the Thomasville and N ortbern Rail-

road Company , , . . . . . . . . . 321 937 1118

To incorporate the Lexington Terminal Railroad

Company . . , . . . . . . 321 666 9!34

To incorporate the Atlanta City and Suburban Street

Railroad Company . . . . . . 322 848 1056 1119 1172

To amend the cha1ter of the Atlanta and Edgewood

Street Railroad Company . . . . . . . . 322 848 1120

To authorize the sale of a part of the North Eastern

Railroad . . . . . . . . . . . . .

322

To amend the charter of the West End and East

Point Railroad Company . . . . . . . . . . . . 323

Il"DEX.

1689

To amend the charter of the Elberton Air Line Rail-

road Company . . . . . .

. 336 848 1122

To ~uthorize the Georgia Electric Mound Company

to build a railroad . . . . . . . . . . . . . . 357 667 To incorporate Washin~ton Street Railway Company 370
849 1144

To incorporate the Thomasville and Ty-Ty Railroad

Company . . . . . . . . . . . . . 370 668 1144

To incorporate the Chattanooga Southern Railway Company . . . . . . . . . . . . . . . ~90 668 10i4

Requiring railroad companies to establil;h ways of

ingress and egress to depots . . . . . .

392

To amend the charter of the City and Suburban Rail-

road of Savannah . . . . . . . . . . . . 426 849 1146

To incorporate the Metropolitan Street Railroad Com-

pany of Macon . . . . . . . . . . . . . . . 426 1146

To incorporate Macon Terminal Railroad . . 426 669 1146

To confirm the charter of Florida, Midland and Geor-

gia Railroad Company . . . . . . . . . 426 895 1145

To incorporate Chattahoochee Terminal Company . 426 849 938 1147

To incorporate Buena Vista and Ellaville Railroad

Company . . . . . . . . . . . . . 488 938 9fH 1297

To incorporate the Fort Valley and Dublin Railroad

Company . . . . . . . . . . . . . 517 849 1163 1648

To incorporate the Cartersville, Maryville and Knox-

ville Railroad Company . . . . . . . . . 618 644 747

To incorporate the Atlanta Suburban Railway Com-

pany . . . . . . . . . . . . . . . . . . . . 698 1172

To ratify to the Covington and Macon Railroad Com-

pany the right to extend their road . . . . . . 864 1297

To prohibit issuance of bonds by railroads in certain

cases. . . . . . . . . . . . . . . . . . . . . . 169

To prPvent the running of excmsion trains, boats and

vessels on Sunday. . . . . . . . . . . . 169 615 1015

To incorporate the North Georgia and St. Andrews

Bay Railroad Company . . . . . . . . . 170 848 930

To incorporate the Carrollton, Marietta and Western

Railway Company . . . . . . . . . . . . 170 449 930

To incorporate the Lookout Mountain, Lula Lake and

Gadsden Railroad Company. . . . . . . . 141 445 931

To provide for additional supervision of railroads . . 348

1056 1076 1157 To incorporate the Great North and South Railway

Company . . . . . . . . . . . . . . . 348 667 1126

To amend the charter of the Fulton County Street

Railroad Company . . . . . . . . . . 338 1056 1126

1690

INDEX.

To incorporate the Jackson and Indian Spring Rail-

road Company . . . .

. . . 542 849 1163

To amend the charter of Thomasville and Augusta

Hailroad Company . . . . . . . . . . . 620 938 1168

To require railroad companies to return their property for taxes by counties . . . . . . . . . . . . . 682
To incorporate the Albany and Bainbridge Railroad Company . . . . . . . . . . . . . . . 699 849 1172
To incorporate the Newton, Morgan and Lumpkin

Hailroad Company . . . . . . . . . . . 708 850 1094

To incorporate Tallulah Falls Railroad and Improve-

ment Company . . . . . . . . . . . . 734 1057 1172

To incorporate Hepzibah and Hawkinsville Railroad

Company . . . . . . . . . . . . . . 748 938 1177

To incorporate Catoosa Springs Company with pc-wer to build a railroad . . . . . . . . 1097 1131 1152 1181
To repeal a resolution for adjusting claims between the State and the :YI. & N. G. R. R. Co . . . 1116 1303

To incorporate the West End and East Point Street

Railroad Company . . . . . . . . . . . . . . . 1352

REGISTRATION LAWSA bill-To amend the registration laws of Cobb county . 9 212 526 To provide for registration of voters in Berrien county 37 210 538

To provide for registration of voters in Newton county . . . . . . . . . . . . - . . . . . . . . . 82 700
To provide for registration of voters in Irwin county

133 311 708

To provide for registration of voters in Laurens county . . . . . . . . . . . . . . . . . . . 190 615 1023

To provide for registration of voters in Thomas county . . . . . . . . . . . . . . . . . . . 197 544 1090

To provide for registration of voters in Campbell county . . . . . . . . . . . . . . . . . . . . 213

To provide for registration of voters in Macon county . . . . . . . . . . . . . . . . . . 257 648 1093

To provide for registration of voters in Bibb county 258 648

To provide for registration of voters in Burke county 259 648 1094

To provide for registration of voters in Terrell county 259 648 683

To provide for registration of voters in Worth county 259 648 1095

To ameud the registration law of Oglethorpe county 268 417

To provide for registration of voters in Floyd county 269 666 684 1117

INDEX.

1691

REGISTRATION-

A bill-To amend the registration laws of Telfair county . 391 543 670 708
To amend the registration laws of Wilkinson county 336 667 1122
To require registration of voters in Bartow county . 427 669 684
To provide for registration of voters in Ware county 455 To provide for registration of voters in Campbell
county . . . . . . . . . . . . . . . . . . . . 488 To amend the registration laws of Lowndes county . 516
670 1162 To repeal the registration Jaws of Walton county. . 569
1057 To provide for registration in Clay county . . . . 614 931 To amend the registration act of Dodge county . 1046 1119
1355 To require registration of voters in the county of
Meriwether . . . . . . . . . . . . . . 948 961 998 To amend the registration law of Richmond county . 1295

RELIEF J,AWS-

A bill-To relieve ,James A. Greene . . . . . . .

44

To relieve S. ~I. Douthit, of Fannin county

325

To relieve W. B. Allen and others . . . .

66

To relieve D. H. Hubbard, tax collector of Polk co. . 72

614 858 1000

To relieve I. S. Boyd, of Fulton county . . . . . . 80

To relieve E. W. Coleman . . . . . . . . . . . . 87

To relieve Miles G. Copeland, tax collector of Greene

county . . . . . . . . . . . . . . . . . . . 696 902

To relieve D. W. Price, county treasurer of Douglas

county . . . . . . . . . . . . . . . 87 152 618

To relieve Dinkey Brown, of Upson county . . . 133 1175

To relieve the elitate of A. P. Dearing 143 937 985 1019

To relieve D. J. Hayes and P. F. Addison, of Frank-

lin county . . . . . . . . . . . . . . . . . 153 395

To relieve James Joran, of Franklin county . . 153 396

To relieve Thomas Uavis, Sr., as surety . . 190 257 1011

To relieve J. Y. Hill, s:1rety of B. Davis . . . 190 1013

To repeal an act to relieve the lunatic asylum . . 212 739

To relieve A. C. Daniel, of Elbert county . . . . . 213

To relieve the city of Savannah from certain expenses

of eity court . . . . . . . . . . . . . . . . . 26\l

REl,IEF-

A bill-To relieve M. C. Martin.

367

1692

INDEX.

To relieve )irs. Louisa M. )lcElroy .

427

To relieve Duckey Brown. . . . . . . . . 428 1175 1354 To relieve L. J. Durand, 'l'ax Collector . . . 596 684 1175

To relieve the Mutual Reserve Fund Life Associa-

tion . - . . . . . . . . . . . . . . . . . . 9:24 1175

REPORTS-

Of Committee to ir.form the Governor of the reassembling.

8

Of Committee on Finance . . . 36 69 87 103 127 139 166

176 185 . 194 217 237 241:i 252 283 289 327 414

441 41:i4 500 537 553 581 l:i10 638 664 682 746

766 778 868 886 897 921 935 967 994 1059 1089

1114 1115 1139 1169 1315 1318 1324 1348 1368 1377 1589

1594

Of Committee on the officer8 to be elected. . . . .

41 42

Of County and County :!\'Iatters . . . 46 88 99 112 158 183

224 272 304 364 380 411 483 520 587 608 610

637 700 781 978 1145 1324 13i6 1585 1624

Of Committee on Corporations . . . 56 130 141 164 205 223

292 306 307 345 365 366 413 424 484 566 605

663 66fi 676 729 756 780 871 936 948 1009 1021

1052 1065 1174 1176 1178 1185 1583

Of Committee on General Judiciary . 57 89 111 128 159 177

239 :246 253 273 273 355 :356 389 399 415 478

501 508 552 580 608 637 680 765 779 934 969

1011 1052 1054 1055 1067 1075 1112 11~3 1137 1168 1170

1314 1600

Of Committee on Rule8 . . . . . . Hili 260 393 425 522 664

Of Committee on Special ,Judiciary . . 77 91 99 111 121

142 159 186 193 222 247 254 287 305 345 354

:~80 412 485 520 570 598 685 721 769 930 954

981 1040 1121 1143 1166 1285

Of Committee on Lunatic Asylum. . . 187 1051 1115 1143 1190

1283 1381 1570

Of Committee on Railroads .

77 92 114 163 184 245

282 '341 366 403 420 517 56~ 588 612 662 728

745 755 756 778 781 887 898 996 1040 1114 1139

1140 1347 1588 1601 1642

Of Special Committee on Marietta and North Georgia Railroad 1642

Of Committee on Roads and Bridges .

78 240 282 411

662 968 1189

Of Committee on Military Affairs.

. 92 307 872 899 1318

Of Committee on Temperance.

88 128 193 223 287 341

366 404 440 519 566 656 755 894 996 1112 1143

1317

Of Committee on Education.

99 165 178 183 2112 247

288 307 390 422- 42H 424 48.~ 5Hl 589 746 921

1021 1624

INDEX.

1693

Of Committee on Agriculture... 113 177 221 252 304 351 441 478 499 582 657 663 679 728 777 873 898

1046 1128 1300 1601

Of Committee on Enrollment .

121 122 163 188 206 225

248 265 266 272 282 320 347 353 !364 398 413

430 456 461 477 !89 512 521 558 583 584 597

598 611 627 628 644 ~48 649 687 692 712 714

na 727 744 767 770

774 779 858 874 885 888

896 897 922 924 928 961 965 977 978 982 1022

1063 1068 1102 1104 1141 1165 1184 1294 1316 1317 1626

1653

Of Committee on Bank.s

. 129 205 304 344 442 ()12 657

722 871 921 907 976 1055 1155 124

Of Committee on Hygiene and Sanitation. 164 294 421 864 1285

Of Committee on Public Printing . . . . .

. .. 188 440 653

Of Committee on Public Property . . . . .

. . . . . 206

Of Committee on Labor and Labor Statistics

2:.!4 638

Of Committee on Internal Improvements . . . . . 238 418 1167

Of Committee ou Penitentiary . 239 412 440 44;) 489 609 651 l 062

Of Special Committee on Savings Banks . . . . . . . . . 332

Minority Report of Finance Committee on Appropriations to

State University . . . . . . . .

. 334 336

Of Committee on Manufactures . . . . . . . . . . . . . 089 640

Of Committee on the State of the Republic . . . . . . . . . 489

Of Special Joint Committee on the Western and AtlanticRail-

road . . . . . . . . . . . .

. 782 to 846

Of Committee on Judicial Circuits ..

881

Of Committee on Status of Business .

902

Of Committee on Conference. . . .

. 13:21 1625. 1648

Of Committee to inquire and report as to delay in printing

Georgia Reports . . . . . .

1349

Of Committee to investigate certain charges against ,Judge

Fain and others . . . . . . . . . . . . . . . 1571 1582

Of Committee to draft resolutions on the death of Ron. Mil-

ledge W. Hart . . . . . . . . . . . '. . . . . . 1606

Of .Joint Committee on Elections for judge and solicitor of

the Stone Mountain Judicial Cirouit. . . . . . . 1636

Of Committee to wait on Governor and inform him of readi-

ness of General Assembly to adjourn sine die .

1652

RIVERS, CREEKS, E~c.-

A bill-To prevent obstructions in Pataula Creek . . . . . 71

To de(lare Chattahoochee River a navigable stream

to mouth of Duke's Creek . . . . . . . . .

84

To prevent the obstruction of water courses in this

State . . . . . . . . . . . . . . . . . 269 665

1694

INDEX.

ROAD LAWS, BRIDGES, ETc.-

A bill-To amend the road laws of Rabun, Towns, Pickens,

etc . . . . . . . . . . . . . . . . . . . 132 265 706

To appropriate certain moneys to building bridges in

Dodge county . . . . . . . . . . . . . . . . 135 714

To amend the law in relation to letting contracts to

build public bridgos, etc , . . . . . . . . . 135

Authorizing M. A. Harden to close up private roads

on his farm . . . . . . .

, . 17:) 447 929

To apply certain provisions of the code to private

ways. . . . . . . . . . . . . . . . . 369

Providing for the pay of certain accounts for working

roads in Chatto(ilga county . . . . . . . . 369 668 688

Providing a new method of working roads in Camden

county . . . . . . . . . . . . . . . . 487 849 1161

Prescribing a road law for this State . . . . . , . 6HJ

SOLDIE RS-CONFE DERA.TE-

A bill-To allow maimed Confederate soldiers to draw annu-

ally amount appropriated . . . . . . . . . . . 416

To amend an act to supply non-resident Confederate

soldiere with artificial limbs . . . . .

4(.1

STATUTES OF LIMITATION-

A bill-To amend the statutes of limitation in this State

268

STOCK LAWS-

A bill-To prevent stock running at large in 965th and 906th

district G. M. . . . . . . . . . . . . . . . 28

To protect land and farming interests from stock in

the 743d district G. M. .

. . . . . . . . . 28 30\J

To adopt the stock law to the 796th, 965th 11.nd 966th

districts G. M., Stewart county . . . . . . 214 396 417

To prevent stock from running at large in Crawford

county. . . . . . . . . . . . . . . . . 249 647 1093

To provide for stock gaps, etc . . . . . . . . . . . 321

To abolish the stock law in the 117th and 118th dis-

tricts G. 1\1. . . . . . . .

337

To prevent stock from running at large in the 882d

district of Schley county . . . . . . . 368 668 1068

To prevent stock from running at large in Lee county 451 669 890

To require owners of stock to keep them from run-

ning at large in certain militia districts of Harris

county . . , . , . . 569 670 998

To enforce the stoek law of Fulton county , , , , 613 643

To prevent pasturage of stock in counties that have

not adopted the sto<'k law , o o o 700

INDEX.

1695

TAX LAWS-

A bill-To prescribe the time when tax fi. fas. may be enforced 70 444 548
To exempt parsonages from taxation . . . . . . . 72 To levy a tax on dogs . . . . . . . . . . . . . . 72 To amend an act to levy and C(i)l!ect a tax on sewing
machines for support of government .. 80 614 982 1105 To amend the general tax act . . . . . . . . . . 80 877 To amend section 9 of the general tax act . . . . 100 210 Authorizing transferees of tax ft. fas. to collect lawful
interest thereon . . . . . . . . . . . . . . . 210 299 To levy a tax on certain physicians . . . . . 210 538 857 Authorizing grand juries to recommend the levy of a
county tax for support ot schools . . . . . . . . 212 To exempt certain land from taxation in West Point 444 To levy a tax on property for support of common
schools . . . . . . . . . . . . . . . . . . . 484 976 To amend the tax act of 1887 and 1888 . . . 939 972 992
1369 1589 1646 TELEGRAPH AND TELEPHONE COMPANIES-

A bill-To incorporate the Midland Telegraph Company . 267

666 1119

To regulate fees of telephone companies charged sub-

scribers . . . . . .

466

UNIVERSITY OF GEORGIA-

A bill-To amend the laws relating to the State University . 59 84 188
To amend law relating to branches of University . . 146 To amend the charter of the University, so as to abel-
ish trustees and substitute regents . . . . . . 466 669

USURY-

A bill-To declare certain notes void on account of usury . 494

RESOLUTIONS OF THE HOUSE.

RESOLUTIONS OF HOUSE-

To inform Governor of readiness of General Assembly for

business. . . . . . . . . . ..

7

Appointing committee to viait university at commencement . 7 35

Removing restrictionli_ on debate, etc., imposed last year's ses-

sion . . . . . . . . . . . . . .

7

Directing clerk to notify Senate, etc . . ..

8

1696

INDEX.

To regulate hours of daily meeting, etc. . . . . . . . . 9 209 214

To relieve Re.serve Globe }futual Life Insuranee Company . 12

To pay for Code of Parliamentary Law by Ron. L. F. Garrard 13

Prescribing duty of committees as to titles of bills reported by

them us substitutes . . . . . . . . . . . . . . . . . . . 13 194

Referring certain parts of Governor's meslilage . . .

27

Regulating hours of daily meeting and adjo~rnment . . . . 27

Beferring part of executive message . . . . . . . . . . . . 28 37

Approving and ratifying settlement of the f-ltate's claim against

Asheville and Spartanburg Railroad . . . . . . . . 31 214 294

Authorizing Governor to sell GQorgia Railroad stock . . . . 31 667

Hel;tting to delay in publication of Reports Supreme Court . 31 Relating to officers to 'oe elected by the General A~sembly . . 32

To tix hours of meeting and adjnurnment . . . . . . . . . 34 174

Fixing a day to elect Chief Justice and ,Judge f Chattahoo-

chee Circuit . . . . . .

..... ..

. . . . . 42

'l'o relieve Hartford Steam Boiler ln;;pection and Insurance Compan~- . . . . . . . . . . . . . . . . . . . . 43 214 297

Belating to Georgia J ustiee by ,Judge Sutton . . . . .

43

Authorizing employment of clerical help by sub-Qommittee on

penitentiary . . . . . . . . . . . . . . . . . . . . . 48 192

To relieve the Continental Insurance Co. of New York . . 48 50

Authorizing the Governor to take such steps as may be neces-

sary to protect the W.& A. R. R. . . . . . . . . . 32 55 56

For protection of W. & A. R. R. . . . . . . . . . . . . . 56

For the Rale of the W. & A. R. R. . . . . . . . . . . . . 1158

Appropriating money to the Jackson Light Artillery Co. . 60 312 359
Authorizing sale or lease of certain property of the State. . 67 ~14 297 895

Authorizing pay of interest on certain State bonds. . . . .

72

To relieve James l\Iullin and others . . . . . . . . . . . . 82

To commend the National Colored Industrial Exposition. . . 82

Providing a committee to confer with lessees of W. & A. R. R.

as to betterments. . . . . . . . . . . . . . . . .

98

Requesting Senate to return House bill No. 113 . . . . . . 98 Relating tL> the investigation of charges against J. C. Fain and

others. . . . . . . . . . . . . . . . . . . . . . . . . 107

Resolution to adjourn in respect for Hons. E. 1\I. Word and

D. N. tSmith, deceased Senators . . . . . . . . . . . . . 137

Authorizing the Governor to advertise for bids for lease ofW.

& A. R R . . . . . . . . . . . . . . . . . . . . . . 139 508

l>roviding a committee to investigate the agricultural depart-

ment . . . . . . . . . . . . . . . . . . . . 148 152 214

Previding a committee to inquire ani report in regard to this

State's property in Tennessee . . . . . . . . . . . . . 152 193

INDEX.

1697

Ordering an examination of the treasury as to payment of bond No. 349 . . . . . . . . ~ . . . . . . . . . . . . . . . 171

To relieve Henry J. Lamar, of Bibb county . . . . . 171 612 631

Instructing State Printer to furnish advance sheets of the Jour-

nals of this session . . . . . . . . . . . . . . . . . . . 171

Requiring calendar of House to be printed daily . . . . . . 179

Requiring an abstract of each day's Journal to be printed . 179 183

To relieve the Mutual :Reserve Fund Life Association . . 191 200

232 1289

Relating to the improvement of the Cattahoochee and Apilach-

icola rivers . . . . . . . . . . . . . . . . . . . . . 191 308

Providing a Joint Uommittee on the sul)ject of furnishing the

new capitol . . . . . . . . . . . . . . . . . 198 209 233 373

Instructing Committee on Railroads to report a 'bill to enforce

the Constitution in regard to monopolies . . . . . . . . . 199

To amend House Rules . . . . . . . . . . . . . . . . 98 200

Demanding repeal of the federal tax on State bank circulation 208

To relieve the Norwich Union Fire Insuran<le Company . 208 277

Providing a Committee to memorialize Congress in regard to

a national financial system . . . . . . . . . . .

. 208 277

To pay G. Y. Tigner and William Haralson . . . . . . . 208 279

Requiring the printing of all bills and resolutions . . . . . 225

Appointin~ a sub-committee to visit, examine and report on

the Lunatic Asylum . . . . . . . . . . . . . . . . . . 226

Regulating the hours of daily meeting and adjournment of the

Houst'l . . . . . . . . . . . . . . . . . . . . . 249 256 920

Allowing Smith W. Easley, Jr., the use of books in the State

Library . . . . . . . . . . . . . . . . . . . . . . . . 256

Authorizing the Governor to purchase certain books for State

Library . . . . . . . . . . . . . . . . . . .

258

To pay Rev. John Woods for services rendered . . . . . . 259

Fixing the hours of meeting and adjournment . . . . . . . 264

To pay mileage to members and officers of the General Assem-

bly for the adjourned term . . . . . . . . . . . 267 308 375 To dispense with printing abstract of daily Journ d of the
House.. . . . . . . . . . . . . . . . . . . . . . 268

Directing the purchase of four maps for use of the House . . 279

Prohibiting remarls derogatoty to members of the House . . 296

Prohibiting the introduction of new matter after a certain date 298

465

Providing for adj~i,urnment to attend the Farmer's Convention 328

Excusing certain memhers for the day . . . . . . . . . . . 328

Tendering seats to members of the Farmers's Convention . . 342

Authorizing the Governor to sell certain stock of the State in

Georgia Railroad ; . . . . . . . .

. . . . . . . 348

To relieve E. A. Pollock, tax collectgr of Pulaski county . 348 543

559
107

1698

INDEX.

Discharging sub-committee on Lunatic Asylum .

351

Prohibiting the introduction of new matter . . .

365

Appropriating money to the sureties of J. A. Robson .

368

To inquire into and facilitate business . . . . . . .

386

Prohibiting introduction of new matter . . . . . .

. 387 429

Regul!1ting the hours of meeting and adjournment .

387

To investigate condition of business . . . . . . . .

389

Authorizing iiub-committee on Lunatic Asylum to employ a

stenographer . . . . . . . . . . . . . . . . . . . . . 401

To limit speeches to ten minutes . . . . . . . . . . . . . . 411

To relieve Home Provi,ent Safety Fund Association of New

York...................

.428 613 749

To relieveS. W. Wall & Son, of Talbot county . . . . . . . 428

Providing for safe storage of books of the State . . . . . 427 937

Requiring lessees of Western and Atlantic Railroad to give

bond . . . . . . . . . . . . . . . . . . . . . . 429 848 1099

Relating to investigation of Marietta and North Georgia Railroad company . . . . . . . . . . . . . . . . . . . . . 430

Authorizing Special Joint Committee on Lunatic Asylum to

administer oaths, employ reporter, etc. . . . . . . . . . . 431.

Fixing time of final adjournment . . . . . . . . . . . . . 431

Declaring that $8,000 should be annually appropriated for the

higher education of negroes . . . . . . . . . . . . . . . 439

Authorizing the sale of certain property of the State . . . 451 1015

1076 1084

To relieve J.J.Kirkland. . . . . . . . . . . . . . . . . 451

To refund to Mrs. S. H. Meador $21.45 . . . . 325 443 453

Relating to the death of Ron. Samuel Hall . . . . . . . . . 460

To adjourn for the day in memory of Ron. Samuel Hall . . . 461

Changing days for calling roll for introduction of new matter 468

Convening a joint session to elect a successor to Ron. Samuel

Hall. . . . . . . . . . . . . . . . . . . .

484

Providing for holding two ses1ions each day . . .

509

Appropriating $150.00 to John M. Graham, Esq. . 512 613 633

To relieve J. G. Nichols . . .

516

To relieve James H. Tootle .

. 516 937 957

To relieve John B. Paulk . .

. 516 937

Providing for night sessions .

559

To relieve J. L. Kennedy, of Pike county

569

To relieve J. A. Flournoy. . . . . . . .

569

To relieve Samuel J. Hunt. . . . . . . . " . . . . . . 579 1287

To correct a clerical error in House bill No. 776. . . . .

579

To correct a clerical error in Senate bill No. 87 . . . . .

590

Convening joint session to elect Judge of 1'1Iacon Circuit.

601

To adjourn until Monday . . . . . . . . . . . . . .

603

Amending Rules as to motions to adjourn on Fridays . .

605

uonferring power on committee to investigate Western and

Atlantic Railroad . . . . . . . . . . . . . . 609 1340

lNDEX.

1699

Authorizing the purchase of Hodge's Analyt1cal Digest . . 646 739

Fixing a day for final adjournment . . . . . . . .

610

To relieve M. C. Martin, surety, etc. . . . . . . . . . . 612 748

To relieve the Imperial Fire Insurance Co. of London . . 614 716

Relating to the State and the W. & A. R. R. . . . . . . 618 1340

Directing Treasurer to pay per diem of Hon. E. M. Word, de-

ceased . . . . . . . . . . . . . . . .

. . . 620 646

Authorizing Frank M. Long to peddle, etc.. . . . . . . . . 620

To relieve C. C. Thorp and J. W. Kight . . . . . . . 620 753 761

Fixing hours for meeting and adjournment on certain days . 625

Requesting the Governor to return Senate bill No. 87 for cor-

rection . . . . . . . . . . . . . . . . . . . . . . . . 627

Providing a joint committee to study and report upon the con-

vict lease system. . . . . . . . . . . . . . . . . . . . 644

Authorizing the sale of lot No. 747 in 17th district, 2d section 667

749

Fixing the order in which bills should be acted on

676

Providing for an early adjournment . . . ; . . .

677

Regulating the daily sessions of the House . . . .

681

Authorizing the Treasurer to pay Mrs. Blitch $25.65

682

Authorizing D. J. Matthews to peddle without license

698

Discharging Bunk Gunn from the Lunatic Asylum . . . 734 1056

1084 1159

Relating to the introduction of new matter . . . . . . .

747

To relieve the National Life and Maturity Association of

Washington, D. C. . . . . . . . . . . . . . . . . 762 937 976

Providing a joint committee to examine business and report as

to adjournment . . . . . . . . . . . . . . . . . . 762 769

Fixing October 8th as the day for final adjournment . . . . 767

To relieve J. F. Farmer, tax collector of Jefferson county . . 847

937 976

Providing for sale of certain furniture of the State . . . . . 847

To relieve A. J. Tyson, former tax collector of Glynn county 848

855

Appropriating money to pay clerks of the committee on the

Western and Atlantic Railroad . . . . . . . . . . . . 855 981

Authorizing Horace Bradley to make improvements in the

portrait of Hon. B. H. Hill . . . . . . . . . . . .

900

Providing for adjournment sine die . . . . . . . .

904

Relating to betterments on Western and Atlantic Railroad. 947

To appoint a commissioner to make an inventory of the West-

ern and Atlantic Railroad . . . . . . . . . . . . 963 1013 1133

Accepting invitation to attend opening uf Piedmont Exposi-

tion . . . . . . . . . . . . . . . . . . . . . . . . . 967

To relieve W. T. Woodruff, tax collector of Taliaferro county !!72

Authorizing t:ltate Treasurer to pay the widow of Hon. M. H.

Hart, balance of mileage and per diem . . . 998 1116 1184 1593

1700

INDEX.

Providing commissions to survey the W. & A. R. R. and sell

surplus property belcmging thereto. . . . . . . . . . 1015 1615

Appropriating $400 to decorate State Capitol . 1089 1067 1088 1111

Declining attendance at opening Piedmont Exposition. . . . 1046

Requesting the Governor to furnish itemized statement of ex-

penses of the department of agriculture. . . . . . . . . . 1046

Relating to the visit of Ron. Sam. J. Randall. . . . . . . . 1084

Requesting Governor to instruct Attorney-General to enquire

in regard to transfer of certain rights to Western Union

Telegraph Company by Foster Blodgett . . . . . . . . . 1178

To provide an inebriate asylum in this State . . . . . 1182 1590

Authorizing Governor to purchase "The Georgia Justice," to

supply certain officers . . . . . . . . . . . . . . . . 1290

Appointing a joint committee to enquire in regard to election

of Judge and Solicitor of the Stone Mountain Circuit . . . 1801

Authorizing payment of interest on certain State bonds. . . 1801

Providin' a joint session to receive the President of the United

States. . . . . . . . . . . . . . . . . . . . . . . . . 1846

Providing pay for members of the joint special committee on

the lunatic asylum. . . . . . . . . . . . . . . . . 1857 1877

To pay actual expenses of committee to visit Chattanooga and

investigate the State's property there. etc. . . . . . . 18i5 1877

To give pages and porters extra pay . . . . . . . . . . . . 1877

Calling on Treasurer for a li'st of committee who visited the

Dade Coal Mines, etc. . . . . . . . . . . . . . . . 1592 1595

Providing for printing the Acts and Resolutions of 1887 and

their distribution . . . . . . . . . . . . . . . . . . 1599

To increase the pay ot porters of the Executive and Treasury

departments . . . . . . . . . , . . . . . . . . . . . 1617

Expressing sympathy for Ireland . . . . . . . . . . . . . 1646

Providing a joint committee to notify the Governor that the

General Aasembly wtis ready to adjourn . . . . . . . . . 1648

To convene in joint sesaion and elect Judge and Solicitor for

Stone Mountain Circuit

1650

Thanks to officers . . . . .

1658

Thank& to the Speaker . . .

1658

Thanks to Speaker protem .

1658

Thanks to representatives of the press .

1659

INDEX.


1701

INDEX.
p .A.B.T :J::J:.

INDEX TO SENATE BILLS AND RESOLUTIONS

ADVERTISING-
A bill-To regulate public printing in the counties . 621 702
BANKS-
A bill-To incorporate the Buena Vista Loan and Savings Bank . . . . . . . . . . . . . . 317 452 688
To mcorporate the Merchants and Planters Bank of Uarrollton . . . . . . . . . . . . . 1048 1075 1298
To incorporate the Monroe Banking, Loan and Guaranty Company . . . . . . . . . . . . 1173 1365 1585

CODE--AMENDMENTS OF-

A bill-To amend secti<.'n )997 of the Code .

318 1066 1376

To amend sectior. 4578 of the Code . . . 315 523 600 1174

1367 1602

To amend se('tion 1261 of the Code . . . . . . . 356

To amend section 508 (x) of the Code . . 432 1066 1592

1604

To amend an aci to amend section 3623 of the Code of

1873 . . . . . . . . . . . . . . . . . 600 1074 1604

To amend section 4595 of the Code. . . 701 941 1368 1617

To amend section 4ii70 of the Code . . . . . 701 768 1636

To amend section 4251 of the Code . . . . . 768 1074 1631

To amend section 3ii23 of the Code . . . . 940 1074 1604

To amend section 4373 of the Code . . . . . . 940 1074

To amend section 148~ of the Code . . . . 1048 1175 Hi40

To amend paragraph 1, section 1676 of the Code . 432 lOU

1600

1702

INDEX.

CONSTITUTION-AMENDMENTSA bill-To amend par. 1 of sec. 2 of art. 6. . . . . . 559 627 1304 To repeal an act to enforce par. 1, sec. 1, art. 7. . 622 1074
COUNTY COM.MlSSIONERS-

A bill-Fixing pay of commissioners of Wilkinson county ; 1048 1365 1639
T~ amend the county commissioners act of Oconee
county . . . . . . . . . . . . . . . . . 318 452 689 To amend the county commissioners act of Polk co. . 522
627 1593
COURTS-SUPERIOR-

A bill-To change time of holding fall term Superior Court

of Gwinnett county . . . . . . . . . . 1173 1293 1311

. .,.

To change time of holding Superior Courts of Union

county. . . . . . . . . . . . . . . . . . 701 1168

To transfer Twiggs county to the Macon Circuit . 315 852

INSPECTION-

A bill-To regulate and control inspection and sale of naval stores . . . . . . . . . . . . . . . . . 432 702 1365
INSURANCE-

A bill-Defining a con.tract of fidelity insurance . . 318 483 1592 To regu:ate insurance in this State . . . . . 315 626 1366 To incorporate the Atlanta Mortgage Guaranty Co.. 1058 1293 To incorporate the Georgia Title, Insurance, Trust an~ Guaranty Company . . . . . . . . 1123 1292 1615

INTEREST-

A bill-To restrict the rate of interest in certain cases . ; 316 1124

LIQUOR LAWS-

A bill-To prevent the sale of near Lula Methodist Church, Hall county. . . . . . . . . . . . . . . 318 452 689
To amend the liquor law qfWilkinson county. 621 702 1296 To prohibit the sale of near certain churches and
academies in Belton. . . . . . . . . . . . . 701 168 To provide means for supplying liquors and wines
for medicinal, art and sacramental purposes . 1047 1175 1339 1640
MISCELLANEOUS-

A bill-To facilitate transportation of naval stores, etc. . . 817 523 685
To provide the manner of making public contracts in Oconee and Clarke counties . . . . . . . 811! 452 689

INDEX.

1703

To provide for custody and record of bonds of county

school commissioners . . . . . . . . . . 315 433 1367

To provide justice court houses in each militia dis-

trict . . . . . . . . . . . . . . . . . 316 1066 1374

Ceding jurisdiction over certain lands in Augusta to

the United States . . . . . . . . .

319 452 618

To prevent the spread of hydrophobia . . . 523 1292 1593

To provide a remedy for lost records . . . 951 1074: 1639

To authorize the sale of insolvent tax fi. fas. in Telfair

county . . . . . . . . . . . . . . . . . . 1047 1124

To rrotect oysters and clam fisheries in Georgia .1123 f365

1638

To facilitate the publication of Georgia Reports . . 1173

1377

To prescribe the duties of eiectric telegraph compa-

nies . . . . . . . . . . . . . . . . . 1059 1124 1593

To better protect passengers and employes of railroads 940

1174

To provide lor levy and sale of personal property for

purchase money in certain cases . . . . . 940 1074 1635

. To protect game and birds in Telfair county. . . 768 1124 1592

To amend the schoolla w of Sandersville . . . 432 524 563

Creating a board of trustees to sell certain school

land in Franklin, Heard county, and re-invest pro-

ceeds . . . . . . . . . . . . . . . . . 622 702 1296

MISCELLANEOUS CORPOHATIONS-

A bill-To incorporate Coosawattie Steamboat Company . 621 854 1296
To incorporate Darien and- Doboy Telegraph Co. . . 621 951 1296
To incorporate the Commercial Express Company . 316 433 685
MUNICIPAL CORPORATIONS-

A bill-To amend the charter of Pelham. . . . . . 941 10li5 1291

To authorize city council of Augusta to improve

the streets . . . . . . . . . . . . . . . 940 1075 1297

To authorize city council of Augusta to collect water

rents, etc. . . . . . . . . . . . . . . . 940 1075 1297

To confirm an ordinance of Augusta

. 318 524 689

To amend the charter of Barnesville . . . . 302 370 379

To amend the charter of Ulayton . . . . . . . . 319 951

To amend an act fixing the term of office of -council-

men of Augusta. . . . . . . . . .

. 319 453 690

To amend the charter of South Rome . . . . . 522 941

1704

INDEX.

PRACTICE-

A. bill-To regulate practice in rules for contempt of court 317

1066 1375

To regulate practice in claim cases . . . . 317 1J66 1374

To regulate practice in cases of new trial in Superior

Courts . . . . . . . . . . . . . . . . . . . 317 1066

Authorizing special terms for granting charters

318

524 689

To amend the practice in .equity as to injunctions re-

straining timber cutting for turpentine . . 941 1075 1639

To allow parties charied with crirr,e to testify in their

own behalf . . . . . . . . . . . . . . . . 1046 1365

RAILROADS-

A bill-To incorporate the Waycross Air Line Railroad Com-

pany . . . . . . . . . . . . . . . . 317 524 1295

To incorporate the Eatonton 1\nd Albany Railroad

Company . . . . . . . . . . . . . . . 316 85:! 1295

To incorporate the New Life Water Power and Gran-

ite Railway Company . . . . . . . . . . 316 665 1295

To incorporate the DuPont, Macon and Florida Rail-

way Company . . . . . . . . . . . . . . 316 627 685

To amend the charter ot the Atlantic, Birmingham

and Great Western Railroad Company .317 542 744 767

To amend the charter of the Americus, Preston and

Lumpkin Railroad Company . . . . . . . 319 852 1296

To amend the charter of the Griffin, LaGrange and

Western Railroad Company . . . . . . . 432 626 685

To amend the charter of the Atlantic, Birmingham

and Great Western Railroad Company . . . . . 433

To incorporate the Darien Short Line Railroad Com-

pany . . . . . . . . . . . . . . . . . . 523 626 690

To incorporate the Chattonooga Eaatern Railroad

Company . . . . . . . . . . . . . . . . . . 600 112'

To amend the charter of the Rome Street Railroad

Company . . . . . . . . . . . . . . . . 621 665 690

To amend tr.e charter of Marietta and North Georgia

Railroad Company . . . . . . . . 1047 1174 1594 1602

To amend an Act to incorporate the Savannah and

Western Railroad Company . . . . . . 1047 1124 1295

To ratify certain franchise~ to the Covington and Ma-

con Railroad Company . .

. . . . . . 1047 1124

To incorporate the Columbus and Buena Vista Rail-

road Company. . . . . . . . . . . . . . . 1048 1124

To incorporate the Augusta and White Plains Rail-

road Company. . . . . . . . . . . . . 1048 1125 1298

INDEX.

1705

To incorporate the Gainesville and Columbia Rail-

road Company . . . . . . . . . . . . 1173 1365 1636

To incorporate the DuPont, Decatur, Alabama and

Florence Railroad Company .

. . 1365 1600 16:~9

REGISTRATION LA"\VS-

A bill-To provide for registration in Morgan county . . 701 941 1625
To provide for registration in Clinch county . 315 684 433 To amend the registration laws of Greene county . 523 684 To provide for registration in Brooks county 621 702 1296

RELIEF-

A bill-To remove the civil disabilities of William Ammons and others . . . . . . . . . . . . . . 1048 1365 1639

STOCK LAWS-

A bill-To prevent stock running at large on Cumberland

Island .

. . . . . . . . . . . 316 852

To prevent stock running at large in Crawford county 621

1173

TAX ACTS-

A bill-To amend the general tax act of 1887 and 1888 .. 940 1048

To tax itinerant clock peddlers .

. . . . . 318 950

RESOLUTIONS-OF SENATE-

Appointing joint committee to notify Governor of reassemb-

ling of General Assembly. . . . . . . . ..

8

Providing a joint committee to visit Milledgeville and report

as to saln of State property . . . . . . . . . . . . . . 315

Providing for election of a Chief Justice, etc. . . . . . . . . 43

Providing a committee to whom all bills, etc., relating to the

W. & A. R. R. shall be referred .

. . . . . 315

For relief of Tax Collector of Talbot county. . . . . . . . . 315

Authorizing Governor to employ counsel for collection of

Trezevant claim . . . . . . . . . . . . . . . . 431 702

To relieve the Staunton Life Association of Virginia . . . 431 587

To relieve the Tax Collector of Talbot county. . . . .

433

Memorializing Congress to distribute the surplus in the treas-

ury for educational purposes . . . . . . . . . . . 522

Relating to American Forestry Congre~s. . . . . . . . . . 624

Granting certain privileges to the Georgia Methodist Histori-

cal Society. . . . . .

. . . . . . . . . . . . . . . 1292

Authorizing State Treasurer to destroy certain bonds . . . . 1365

Authorizing officers of the General Assembly to remain over

four or five days to finish business. . . . . . . . 1646