Journal of the House of Representatives of the State of Georgia, at the adjourned session of the General Assembly, at Atlanta, Wednesday, July 3, 1889

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA,
AT THE
ADJOURNED SESSION
OF THE
GENERAL AssEMBLY,
At Atlanta., Wednesday, July 3, 1889.
A 'I.'LA"' "L\, (j A. :
W. J. CAMPBELL, FTATE PRINTER. 1889.

JOURNAL.

ATLANTA, GEORGIA,
Wednesday, July 3, 1889.

The House met pursuant to adjournment, and was called to order by Ron. Martin Calvin, Speaker pro tern., and opened with prayer by the Rev. J. P. Cheney, Chaplain.
The ro!l was called and the following members answered to their names :

Those present were Messrs.-

Albritton,

Hardage,

Mitchell of Pike,

Alderman,

Hall,

Mitchell of Spaldin~,

Allred,

Halliday,

Mobley,

Alexander,

Ham,

Montgomery,

Arnold,

Hand,

}forgan,

Atkinson of Columbia, Harper,

Morris,

Atkinson of Coweta, Harrell of Decatur, Murray,

Bates,

Harrell of Webster, 1\Iustin,

Bell,

Hart,

Olive,

Berner,

Hill of Meriwether, Oliver,

Boone,

Hobbs,

O'Neil,

Brady,

Holtzclaw,

Park,

Brewton,

Holden,

Patterson,

Brown,

Hood,

Peacock,

Bush,

Hooks,

Perry,

Buxton,

Howell,

Postell,

Callaway,

Humphreys of Brooks, Rankin,

Calvin,

Humphries of Screven, Rawls,

Campbell,

Huey,

Reid,

Candler,

Huff,

Reilly,

Carithers,

Hyers,

Speer,

ChB.mpion,

Jenkins of Harris,

Sims of Lincoln,

Chew,

Jenkins of Johnson, Singleton,

Church,

Johnston of Campbell, Skelton,

Clement,

.Johnson of Crawford, Smith of Calhoun,

Clifton,

Johnson of DeKalb, Smith of Decatur,

Coggins,

Johnson of Floyd,

Smith of Gwinnett,

Collier,

Johnson of Jones,

Smith of Wilkinson,

Crenshaw,

,Johnson of Clinch, Snead,

Crowder.

Jones of Baker,

Snelson,

4

JOURNAL OF THE HousE.

Daniel, Davie, Davis of Burke, DeLacy, Dennard, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Francis, Frazer, Fricks, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin, Gunter, Hardeman,

Jones of Coweta, Kimble, Kendrick, King, Kitchens, Knight. Lamar. Lang, Latham, Lawson, Lewis, Lofley, Mathews, )lax well, McArthur, :McDonald, McDaniel. McCalla, McCook, Mcinnis, Mcintyre, )!elver, )leans,

Stokes, Tanner, Tarver, Tatum, Taylor, Thurman, Tigner, Turner, Tyson. Twitty, Veazey, Venable, 'Walker, Ward, Warren, "'est. Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson of Butts, Carlton, Clark, Davis of Elbert, Fonte,

Gallaway, Gamble. Heery, Herrington, Hill of Wilkes,

,Jones of Chattooga, t;immons, Rims of Wilkes, Tuck, Vandever.

Upon motion of Mr. Harrell, of Decatur, the reading of the Journal was dispensed with.

The following message was received from His Exeellency, the Governor, through M1. W. H. Harrison, Clerk of the Executive Dt>partment:

Mr. Speaker :
I am directed by His Excellency, the Governor, to deliver to the House of Representatives a communication in writing.

WEDNESDAY, JuLY 3, 1889.

5

ExECUTIVE DEPARTMENT, Atlanta, Ga., July 3, 18R9.
'1 o the General Assembly :
I have the honor to inform you that the new Capitol Building, in the city of Atlanta, has been completed, accepted by the Capitol Commissioners, and furnished; that the public offices, with the exception of the Treasury, have already been moved into it, and that the Halls of the Senate and House of Representatives are now ready for occupancy by the respective branches of the General Assembly.
J. B. GoRDON.

Leave of absence was granted to the following members, to-wit: Messrs. Clay, Simmons, Gamble, Hill of 'Vilkes, Heery, Herrington, Atkinson, Dugger and Halliday.
Upon motion of Mr. Harrell, of Decatur, the message from His Excellency, the Governor, was taken up and read.
The following message was received from the Secretary, through Mr. Cabaniss, Secretary pro tern.

Mr. Speaker :
The Senate has passed the following Joint Resolution, and asks the concurrence therein, to-wit :
A resolution to convene the Senate and Hotlse of Representatives at 11 a. m. to-day, and proceed thence in a body to their respective chambers in the new capitol.
At this juncture, Messrs. Johnson of Clinch, and Church of Catoosa, members elect, presented themselves, and were sworn in by the Speaker.
Upon motion of Mr. Harrell, of Decatur, the Senate resolution providing for a removal of the General Assembly to the new capitol was taken up, read and adopte~, to-wit:
WHEREAS, His Excellency, the Governor, has given the General Assembly official notification of the completion of the new Capitol Building, therefore be it-

6

.JouRNAL oF THE HousE.

Re8olved by the Senatt, the Hou8e concurring, That the two branches of the General Assembly convene in joint session in the Hall of the House of Representatives, at 11 o'clock this A. M., and from thence in a body to their respective chambers, in the new Capitol Building.

Upon' motion of Mr. Montgomery, the House took a recflss until 10:55.

The hour of 10:55 having arrived, the House was called to order by the Speaker.

. Mr. Candler, of DeKalb, offered the following resolution, which was adopted, to-wit:

ReBolved, That immediately upon reassembling in the

hall of the new Capitol, the members of the House proceed

to draw for seats therein in the manner heretofore practiced

under the rules of the House.

The hour of 11 o'clock having arrived, the Senate

appeared upon the floor of the hall of the House of Repre-

sentatives. The joint session was called to order by the

President of the Senate.

-

The resolution providing for a joint session, and the

removal to the new Capitol, was then read.

The General Assembly then proceeded in a body to their

respective halls in the new Capitol.

NEW CAPITOL.
The House of Representatives having arrived in the Hall of the new Capitol, was called to order by the Speaker protem.
Mr. Hardeman, member elect from the county of Bibb, presented himself and was sworn in as a member of the House of Representatives by the Speaker.
Mr. Glenn offered the following joint resolution, which was adopted, to-wit :
Resolved by the HouBe, the Senate concurring, That a joint committee of two from the Senate and three from the House be appointed to arrange for a programme for tomorrow.

WEDNESDAY, JULY 3, 1889.

7

The members of the House then proceeded to draw seats, agreeable to the resolution of Mr. Candler.
Mr. Atkinson, of Coweta, offered the following resolution, which was read and adopted, to-wit:
Resolved, That the Speaker of the House be, and he is hereby authorized, to appoint an additional Gallery Keeper, and a Door Keeper (or the cloak room, who shall also have charge of the cloak room. Each of the said appointees shall receive the same compensation as is now received by the Gallery Keepers already appointed.
Mr. Mustin, of Morgan, offered the following resolution, which was read and adopted, to-wit:
Resolved, That the Messenger of the House apportion the seats for the press to such reporters as are authorized representatives of newspapers making daily reports of the proceedings of the House.
The following message was received from the Senate, through Mr. Cabaniss, Secretary protem. thereof:

Mr. Speaker :
The Senate has concurred in the following resolution of the House, to-wit :
A resolution providing for the appointment of a joint committee to arrange a programme for to-morrow, and has appointed as a committee on part of the Senate Messrs. Gihson of 18th district and Julian of 39th district.
The Speaker appointed the following members on the part of the House, to arrange programme for to-morrow, to-wit: Messrs. Glenn of Whitfield, Montgomery of Marion and Clifton of Chatham.
By unanimous consent, the following bill was intro. duced, read the first time, and referred to Committee on
Ways and Means, to-wit :
By Mr. Mathews, of HoustonA bill to repeal section 856 of the Code of 1882.

8

JouRNAL OF THE HousE.

Upon motion, the call of the roll for the introduction of new matter was dispensed with.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Flemming, of RichmondA bill to amend an act entitled an act for the protection
of game in Richmond county, apptoved December,27, 1~86, by making the close time for doves from the first day of April to the 15th day of July in each year.
Referred to Committee on Counties and County Matters.
By Mr. Reilly, of ChathamA bill to amend section -!, of an act to incorporate the
Oglethorpe Savings and Tmst Company, and for other purposes, approved December 18, 1886, by striking out the word "twenty," occurring twice in a clause in said section, declaring the qualification of a director, and by inserting the word ' ten " in place thereof; so as to provide that no person shall be eligible a'3 a director who does not own in his own name at least ten shares of stock, etc.
Referred to Committee on Banks.
By Mr. Humphries, of BrooksA bill to incorporate the Melon Belt Railroad Company,
of Brooks county. Referred to Committee on Railroads.
By Mr. Arnold, of OglethorpeA bill to provide a system to establish an agent in the
county of Oglethorpe, for the purpose of selling liquors for medicinal purposes alone.
Referred to Committee on Temperance.
By Mr. Gordon, of ChathamA bill to incorporate the Chatham Dime Savings' Bank,
etc. Referred to Committee on Banks.
Mr. Bell, of Forsyth, offered the following resolution, which was read and adopted, to-wit :

WEDNESDAY, JuLY 3, 1889.

9

Resolved, lst, That the House learns with regret of the serious illness of the wife of our beloved Speaker.-
Resolved, 2nd, That we hereby express our sympathy for him in his affliction, and sincerely trust that his family will soon be restored to health, and that he will shortly be able to resume his duties as Speaker of the House.
Mr. Clifton, of Chatham, offered the following resvlution, which was read and adopted, to-wit :
WHEREAS, The House has been advised of the sad intellig~nce of the death of Ron. James P. Maddox, a late member from the county of Clinch ; wherefore, be it-
Resolved, That a committee of five be appointed by the Speaker to draft and report suitable resolutions expressive of the regrets with which the House has learned of this sad event, and commemoration of his life and valuable service to the State.
The Speaker announced the following named members to draft suitable resolutions on the death of Ron. James P. Maddox, to-wit: Messrs. Clifton, McDonald, Davis of Burke, Fleming and Humphries of Brooks.
The following is the report of the Joint Committee upon Programme for to-morrow, July 4, 1889 : -
First. That the two houses meet in Joint Session in the Hall of the House of Representatives at 12 m., on Thursday, July 4, 1889.
Second. Prayer by the Chaplain of the Senate. Third. Presentation of the Building to the State by one of the Capitol Commissioners, to be selected by themselves. Fourth. Response by the Governor in behalf of the State. Fifth. Benediction by the Chaplain of the House.
For the night of that date the Committee report as follows:
First. That the Building be completely lighted and thrown open to the public of the State.

10

JouRNAL OF THE HousE.

Second. Reception by the Governor and other State House officers at the Capitol.
This programme to begin at 8 o'clock, p. m. W. C, GIJENN, Chairman. V. MoNTGOMERY.
w )[. CLIFTON.
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on General Judiciary, to-wit :
By Mr. Gordon, of ChathamA bill to amend section 4, of an act to provide for the
sale of the west half of lot letter G, in Percival ward, in the city of Savannah, and the improvements thereon, known as "The Arsenal," and all the right, title, interest, and estate of the State therein, to the Savannah Volunteer Guards, and for other purposes.
Referred to Committee on General Judiciary.
Upon motion of Mr. Clifton, the House adjourned untif to-morrow morning at 11:50 o'clock, a~ a mark of respect for the Ron. James P. Maddox, deceased.

ATLANTA, GEORGIA, Thursday, July 4, 1889.

The House met pursuant to adjournment ; called to order by Ron. Martin V. Calvin, Speaker protem., and opened with prayer by the Chaplain.

Upon motion of Mr. Bell, the roll call was dispensed

with.



Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and approved.

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

THURSDAY} JULY 4, 1889.

11

Resolved, That until otherwise ordered, the sessions of -this House shall be as follows, to-wit :
Assemble at 10 o'clock a. m., and adjourn at 1 o'clock p.m.
Mr. Brady offered the following resolution, which was :read and adopted, to-wit:
Resolved, That all restrictions 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 hour for convening the joint session having arrived, the Senate appeared upon the floor of the Hall of Repre~entatives, and the joint session was. called to order by Hon. F. G. duBignon, President of the Senate.
The exercises were opened with prayer by Rev. ,John .,Tones, Chaplain of the Senate.
The President of the Senate then introduced Hon. Evan P. H'.nvell, who, on behalf of the Capitol Commission, turned over the new Capitol to the Governor and the Gen--eral Assembly.
President duBignon then announced Governor John B. <Gordon, who, in a short but eloquent address, received the .building for the State.
The exercises closed with prayer by Rev. J. P. Cheney, <Jhaplain of the House.
On motion of Senato~ Sanford, the joint session was dis-
=Solved.
On motion of Mr. Bell, the House then adjourned till 10 ~'clock a. m. to-morrow.

12

JouRNAL oF THE HousE.

ATLANTA, GEORGIA,
Friday, July 5, 1889.

The House met pursuant to adjournment; called to orderby Hon. Martin V. Calvin, and opened with prayer by the Chaplain.

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

Those present were Messrs.-

Albritton,

Hardage,

Means,

Alderman,

Hall,

}Iitchell of Pike,

Allred,

Ham,

Mitchell of Spalding.

Alexander,

Hand,

Montgomery,

Arnold,

Harper,

}!organ,

Atkinson of Columbia, Harrell of Decatur, Morris,

Atkinson of Coweta, Hm-rell of "\Vebster, }Iurray,

Bates,

Hart,

Mustin,

Bell,

Heery,

Olive,

Berner, Boone, Brady,

Herrington,

Oliver,

Hill of Meriwether, O'Neill,



Hill of Wilkes,

Park,

Brewton,

Hobbs,

Patterson,

Brown,

Holtzclaw,

Peacock,

Bush,

Holden,

Perry,

Buxton,

Hood,

Postell,

Callaway,

Hooks,.

Rankin,

Calvin,

Howell,

Rawls,

Candler,

Humphreys of Brooks, Reid,

Carithers,

.Humphries of Screven, Reilly,

Carlton,

Huey,

Speer,

Champion,

Huff,

Simmons,

Chew,

Hyers,

Sims of Lincoln

C'hure!J,

Jenkins of Harris,

Skelton,

Clark,

.Johnston of Campbell, Smith of Calhoun,

Clement,

Johnson of Crawford, Smith of Decatur,

Clifton,

Johnson of DeKalb, Smith of Gwinnett,

Coggins,

Johnson of Floyd,

Smith of Wilkinson.

Collier,

Hardeman,

Snead,

Crenshaw,

Johnson of Jones,

Snelson,

Crowder,

Johnson of Ulinch, Stokes,

Daniel,

Jones of Baker,

Tanner,

Davie,

Jones of Coweta,

Tarver,

Davis of Burke,

Kimble,

Tatum,

Davis of Elbert,

Kendrick,

Taylor,

DeLacy,

King,

Thurman,

FRIDAY, JULY 5, 1889.

13

Dennard, Dodgen, Duggan, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazier, Fricks. Gallaway, -Gholston, -Gilbert, -Glenn, Ooodman, Gordon, -Griffin,

Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lolley, Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook,
~Icinnis,
Mcintyre, Mciver,

Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

.Arnheim, Atkinson of Butts, <lampbell, Dugger,

Gamble, Gunter, Halliday, Jenkins of Johnson,

Jones of Chattooga, Mobley, Sims of Wilkes, Singleton.

Mr. Harper, chairman of the Committee on Journals,
reported that the Journal had been examined and approved.
I
The Journal was then read and confirmed.

Pending the reading of the Journal, Mr. Brady gave -notice that at the proper time he would move to reconsider :SO much of the Journal as relates to the resolution fixing the hours of meeting and adjourning.
Upon motion of Mr. Brady, the resolution was reconsid-Ered, and amended, as follows:
That the hour of metting shall be at 9 o'clock, a. m., and adjourn at 1 o'clock, p. m.
At this juncture, Mr. 'Harris, of Floyd, member eltct, jpresented himself, and was sworn in by the Speaker.
Leave of absence was granted the following members, to-wit: Messrs. Singleton, Mobley, Herrington and Jenkins of Johnson.

14

JouRNAL oF THE HousE.

Mr. Hill, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. 8peaker:
The Committee on Counties and County Matters has had under consideration the following bill, which they recom-mend do pass by substitute, to-wit:
A bill to amend an act for the protection of game in, Richmond county, approved December 27, 1886, by making the close time for doves from the first day of April to the fifteenth day of July in each year.
Respectfully submitted. H. W. HILL, Chairman.

The following bills were introduced by unanimous consent, read the first time, and appropriately referred, to-wit :
By Mr. Hill, of MeriwetherA bill to amend an act to constitute a Board of Commis~
sioners for the county of Meriwether, and to prescribe theirpowers and duties,' approved December 14, 1871, etc.
Referred to Committee on Counties and l;ounty Matters_
By Mr. McDonald, of WareA bill to authorize the Trustees of the State University-
to accept as a branch of said University, a college of Agri-. culture and Mechanical Arts and Sciences, to be established at Waycross, in this State, and for other purposes.
Referred b Committee on Education.
Upon motion of Mr. Hill of Meriwether, House bill No. 126, was made the special order for Monday, July 15,.. instant, immediately after the reading of the Journal.
Upon tlie call of the roll of co\lnties for the introductioa of new matter, the following bills were introduced, read thefirst time, and appriJpriately referred, to-wit:
By Mr. Felton, of BartowA bill to give and appropriate the proceeds of the lease-
of the Western and Atlantic Railroad to educational pur-

FRIDAY, JULY 5, 1889.

15

poses, and the experiment station and farm in this State, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Coggins, of BanksA bill to prevent the sale or manufacture of spirituous,
vinous, or malt liquors, within three miles of Mt. Olivet Methodist church, in the county of Banks.
Referred to Committee on Temperance.
By Mr. Huff, of BibbA bill to provide for the sale of property in certain cases
where there are remainder of interests therein, and to provide for the reinvestment of the proceeds of such sale.
Referred to Committee on General Judiciary.
By Mr. Hardeman, of BibbA bill to repeal section 359, of the Code of Georgia; and
also, to provide how and under what terms the jailers of the various counties of this State may receive into their custody persons committed by the United States authorities, etc.
Referred to Committee on General Judiciary.
By Mr. Humphries, of BrooksA bill prohibiting any ~'erson or persons, company or
corporations, from selling any kind of goods, wares, or farm products within the State of Georgia, which tends to monopoly, and fixing a penalty or forfeiture for a violation thereof.
Referred to Committee on Agriculture.
By Mr. Warren, of BullochA bill to provide a new charter for the town of States-
boro, in the county of Pulloch. Referred to Committe on Corporations.
By Mr. Gordon, of ChathamA bill to vest in the Mayor and Aldermen of the city of
Savannah, the title and control of the public streets and lanes, and the public domain within the present or future corporate limits of the city of Savannah, etc.
Referred to General Judiciary Committee.

16

JouRNAL OF THE HousE.

By Mr. Clifton, of ChathamA bill to authorize and empower, ratify and confirm the
granting by the Mayor and Aldermen of the city of Savannah, to the Savannah Volunteer Guards, a military corporation, under the laws of Georgia, of the city of Savannah, of eight (8) feet of the pavement on the south side of President street, between Whitaker street and Wright Square, in the city of Savannah, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act amending the charter of the town of Tybee, approved December 26, 1886.
Referred to Committee on Corporations.
Also, a bill to amend section 3694 of the Code, prescribing fees of Ordinary, by adding certain charges thereto.
Referred to Committee on General Judiciary.
Also (by request), a bill to incorporate the Enterprise Street Railroad Company of Savannah, etc.
Referred to Committee on Railroads.
By Mr. Tuck, of ClarkeA bill to empower municipal corporations in this State
to issue executions for any debts due or to become due said corporations against the property, real and personal, of the Ferson against whom the execution may be issued; and to authorize the sale of property under such executions, to be had in the same manner and subject to the same regulations as to purchase by municipal corporations and redemption . by owner, as sales for taxes by municipal corporations, etc..
Referred to General Judiciary Committee.
Also, a bill to provide that all executions for taxes due the State, or any county thereof, or municipal corporations therein, shall bear interest at the legal rate from the time fixed by law for issuing the same, etc.
Referred to General Judiciary Committee.
By Mr. Kimble, of Clay-A bill to prevent the running at large in the 74&th
district, G. M., of Clay county, Georgia, of all horses,

FRIDAY, JuLY 5, 1889.

17

mules, asses, cattle, sheep, goats and swine; to provide penalties for its violation, etc.
Referred to Committee on Counties and County Matters.
The following message was received from His Excellency, the Governor, through Mr. W. 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 5, 1889.
To the General .Assembly :
I have the honor to inform you that the Honorable A. P. Adams, Judge of the Eastern Judicial Circuit, having resigned May 1, 1889, the Honorable Robert Falligant, of the cou~.oty of Chatham, was appointed and commissioned to fill the vacancy until the meeting of the General Assembly. It will therefore devolve upon this Legislature to elect a Ju~ge for said Circuit for the unexpired term, ending January 1, 1893.
J. B. GORDOS.
Upon motion of Mr. Lofley, the message from His Excellency, the Governor, was taken up and read.
.Mr. Berner offered the following resolution, which was read and adopted, to-wit:
Resolved by the House, the Senate concurring, That the Senate and House meet in the Representative Hall to-day at 12 o'clock, m., and proceed to the election of a Judge of the Superior Court, to fill the vacancy in the Eastern Circuit, occasioned by the resignation of the Ron. A. P. Adams.
The following message was received from the Senate, through Mr. Cabaniss, the Secretary pro tem. thereof:
2

18

JouRNAL OF THE HousE.

Mr. Speaker:
The Senate has concurred in the following joint resolution of the Honse, to-wit:
A resolution convening the General Assembly in joint sessfon at 12 o'clock, m., to-day, for the purpose of electing a Judge of the Eastern Circuit, to fill the vacancy caused by the resignation of Hon. A. P. Adams.
The call of the counties continued, and the following bills were introduced, to-wit:
By Mr. Johnson, of ClinchA bill to change the time of opening and closing the
polls of the 1280th district, G. M., Clinch county. Referred to Committee on Counties and County Matters.
Also, a bill to incorporate the town of DuPont as the city of DuPont, and for other purposes.
Referred to Committee on Corporations.
By Mr. Atkinson, of CowetaA bill to establish an Industrial College, as a branch of
the State University, for the education of white girls; to appropriate money for same, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Johnson, of Clinch-
ReAvebniulel stofocrreCaltiencahBcooaurndtyo.f Commissioners of Roads and
Referred to Committee on Counties and County Matters.
By Mr. Candler, of DeKalbA bill to provide for a commutation tax in lieu of road
work, in any militia or road district in the county of DeKalb, and for other purposes.
Referred to Committee on Counties and County Matters.
Also, a bill to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of DeKalb county, for total loss of sight, under the act approved October 24, 1887.
Referred to Committee on Approp;iations.
Also, a bill to authorize the establishment of a system of

FRIDAY, JuLY 5, 1889.

19

public schools in the town of Decatur, and for other purposes.
Referred to Committee on Education.

Also, a bill to prohibit cock fighting or betting. thereon, and to prescribe a punishment for the same.

The hour of 12 o'clock having arrived, the Senate appeared upon the flo()r of the House of Representativee; and the joint session was called to order by the Hon. F. G. duBignon, President of the Senate.
The President caused the joint resolution, covering the joint session, to be read.

Mr. Clifton, of Chatham, put in nomination the name of Hon. Robert Falligant, as Judge of the Superior Cotut of the Eastern Circuit, to fill the vacancy caused by the resignation of Ron. A. P. Adams.
The nomination was seconded by Mr. Harris, of the 42nd district, and Mr. Lamar, of Richmond.

Upon the call of the roll of the Senate the vote was as follows:

Those voting for Mr. Falligant were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Garen, David.

Gibbs, T. P Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W. Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. ,Jones, Geo. H. Julian, A. J. Little. W. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E Rice, F. P. Roberts, William, Sanford, B. W. Sharpe, E. R. Strother, J . E Whitfield, Robert, Williams, B. H. Wooten, C. B Mr. President.

Those not voting were Messrs.-

Folks, F. C. Harper, A. 0. Johnston, J. W.

Lyle, Jas. R. Ray, T. J.

Shannon, L. D. Vick, James.

Upon the call of the roll of the House, the vote was as follows :

20

JouRNAL OF THE HousE.

Those voting for Mr. Falligant were Messrs.-

Albritton, Alderman, .Allred, Alexander, Arnold, Atkinson of Coweta, Bates, Bell, Berner, Boone, Brady, Brewton, Brown, Bush, Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Champion, Chew, Clark, Clement, Clifton, Coggins, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway,

Griffin,

Mciver,

Gunter,

Means,

Hardeman,

Mitchell of Pike,

Hardage,

Mitchell of Spalding,

Hall,

Montgomery,

Ham,

Morgan,

Hand,

Morris,

Harper,

Murray,

Harrell of Decatur, Mustin,

Harrell of Webster, Olive,

Hart,

Oliver,

Hill of Meriwether, O'Neill,

Hobbs,

Park,

Holtzclaw,

Patterson.

Holden,

Peacock,

Hood,

Perry,

Hooks,

Postell,

Howell,

Rankin,

Humphreys of Brooks, Rawls,

Humphries of Screven, Reid,

Huey,

Reilly,

Huff,

Speer,

Hyers,

Simmons,

Harris,

Sims of Lincoln,

Jenkins of Harris,

Skelton,

Johnston of Campbell, Smith of Calhoun,

Johnson of Crawford, Smith of Decatur,

Johnson of DeKalb, Smith of Gwinnett,

.Johnson of Floyd.

Smith of Wilkinson,

Johnson of Jones.

Snead.

,Johnson of Clinch, Snelson,

Jones of Baker.

Stokes.

Jones of Coweta,

Tanner.

Kimble,

Tarver,

Kendrick,

Tatum,

King,

Taylor,

Kitchens,

Thurman,

Knight,

Turner,

Lamar,

Tyson,

Lang,

Twitty,

Latham,

Vandever,

Lewis.

Venable,

Lofley,

1Valker,

Mathews,

Ward,

Maxwell,

Warren,

McArthur,

West,

FRIDAY, JULY 5, 1889.

21

Gholston, Gilbert, Glenn, Goodman, Gordon,

McDonald, :McDaniel, McCalla, McCook, llclntyre,

Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright.

Those not voting were Messrs.--

Arnheim,

Heery,

Atkinson of Butts,

Herrington,

Atkinson of Columbia, Hill of Wilkes,

Church,

Jenkins of Johnson,

Collier,

.Jones of Chattooga,

Dugger,

Lawson,

Gamble,

Mcinnis,

Halliday,

Mobley, Sims of Wilkes, Singleton, Tigner, Tuck, Veazey, lir. Speaker.

Yeas 153. Nays 0. Not voting, 22.

Upon counting and consolidating the vote, it appeared that the Hon. Robert Falligant had received 190 votes; being all of the votes cast, he was declared duly elected Judge of the Superior Court ofthe Eastern Cuircuit, to fill the unexpired term of Hon. A. P. Adams, resigned; which term expires December 31, 1892.

Upon motion of Mr. Jones, of Baker, the joint session was dissolved.

The Senate retiring, the House was called to order by the Speaker pro tem.

Mr. Harrell, of Webster, offered the following resolusion, which was read and adopted, to-wit:

Resolved, That three hundred copies of the substitute of

House bill No. 15, relating to the Western and Atlan-

tic Railroad, reported by the Committee on Western

and Atlantic railroad, be printed for use of the House. Resolved, further, rhat the Public Printer be instructed



to prepare the same at earliest time possible.

Upon the continuation of the call of the roll of counties, the following bills were introduced, read the first time, and appropriately referred, to-wit:

22

JouRNAL cF THE HousE.

By Mr. Bell, of ForsythA bill to incorporate the Cumming and Warsaw Railroad Company, and for other purposes. Referred to Committee on Railroads.

Also, a bill to abolish the uffice of Commissioner qf Roads and Revenues of Forsyth county, and for other purposes.
Referred to Committee on CountiPs and County Matters.

Also, a bill to make slander, or oral defamation, a misde. meanor, and to prescribe a penalty therefor.
Referred to Committee on General Judiciary.

By Mr. Fricks, of FranklinA bill to amend section 28 of an act to amend, revise and
consolidate the common school laws of the State of Georgia, approved October 27, 1887.
Referred to Committee on Education.

By Mr. Venable, of Fulton-
A resolution to appoint five members of the House and
two from the Senat, to negotiate sale of old capitol build-
mg.
Referred to Committee on Public Property.

By Mr. O'Neill, of FultonA bill to authorize the Judges of the Superior Courts in
counties where there is a city of ten thousand inhabitants, to appoint special constable'> to attend the sessions of said Courts, and to define the duties, powers and liabilities of such constables.
Referred to Committee on General Judiciary.

By Mr. Venable, of Fulton-



A bill to establish and maintain a Home for Inebriates.

Referred to Committee on Appropriations.

By Mr. O'Neill, of Fulton-

A bill to amend an act creating the Commissioners of

Roads and Revenues for Fulton county, and the seveJ,"al

acts amendatory thereof, and tor other purposes.



Referred to Committee on Counties and County Matters.

FRIDAY, JULY 5, 1889.

23

By Mr. Venable, of ~"'ultonA bill to increase the license tax on spirituous or mal
liquors; to make up and supply deficit created in the common school fund tax, etc.
i~Pferred to Committee on Appropriations.
By Mr. Venable, of FultonA bill to authorize the Governor to accept the Confed-
erate Soldiers' Home of Georgia, for the State, when completed and tendered, etc.
Referred to Committee on Appropriations.
By Mr. Perry, of GilmerA bill to amend section 4527 of the Code of 1882. Referred to Committee on General Judiciary.
By Mr. Kitchens, of GlascockA bill to alter and amend sections 7, 8, 23 and 28 of an
act to amend, revise and consolidate the common school laws of the State of Georgia, approved October 27, 1887.
Referred to Committee on Education.
By Mr. Hart, of Greene-:A bill to amend section 549 of the Code of Georgia. Referred to Com_mittee on Special Judiciary.
By Mr. Rankin, of GordonA bill to incorporate the Fort Payne and Eastern Rail-
road Company. Referred to Committee on Railroads.
Mr. Davis, of Elbert, offered the following resolution, which was read and adopted, to-wit:
Resolved by the House of Representatives, the Senate concurring, That the thanks of the people of Georgia are due, and are hereby tendered, through the General Assembly, to ex-Governor Henry D. McDaniel, Gov. John B. Gordon, Hon. Evan P. Howell, Hon. W. W. Thomas, Hon. A. L. Miller, Hon. Phil Cook, and Hon. E. P . .Alexander, the Capitol Commissioners, for the able and faithful manner in which they discharged the duties of their important trust.

24

JouRNAL OF THE HousE.

Leave of absence wa:,; granted to Messrs. West, Humphries of Screven, and Lofley.
Tht~ hour of arljournment having arrived, the Speaker declared the How;e adjournerl until to-morrow morning at 9 o'clock.

ATLANTA, GEORGia, Sa'turdayJ July 6, 1889.
The House met pursnant to adjournment; called to order by Hon. Martin V. Calvin, and opened with prayer by Rev. Mr. Maxwell.
Upon motion of Mr. Harrell, of Webster, the roll call was dispensed with.
Mr. Atkinson, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was read and confirmed.
Mr. Gordon, chairman {)f the Committee on Appropriations, submitted the following report:
Mr. Speaker:
The Committee on Appropriations have had under consideration the following bill of the House, which they instruct me to return to the House with the recommendation that three (300) hundred copies of the same be printed for the use of the members of the House, and that the bill be read a second time and recommitted to the Committee on Appropriations, to-wit:
A bill to be entitled an act to give and appropriate the proceeds of the lease of the Western and Atlantic Railroad .to educational purposes, and the experiment station and farm in this State, and for other purposes.
Respectfully submitted. WM. W. GoRDON, Chairman.

SATURDAY, JuLY 6, 1889.

25

Upon motion of Mr.. Gordon, 300 copies of House Bill
No. 381 were ordered printed for the use of the House.
The call of counties was continued, and the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Boone, of HallA bill to authorize D. Whelchel and A. W. Pass to erect
and maintain gates across the Lane road in Hall county, running through said D. Whelchel's and A. W. Pass' farm, and for other purposes.
Referred to Committee on Counties and County Matters.
Also, a bill to authorize T. K. Chapman to erect and mamtain.gates across the Seven Island road in Hall county, running through said T. K. Chapman's farm, and for other purposes.
Referred to Committee on Counties and County Matters.
Also, a bill to incorporate the Piedmont Loan and Banking Company at Gainesville, Ga.
Referred to Committee on Banks.
Also, a bill to incorporate the American Loan and Banking Company.
ReferrPd to Committee on Banks.
By Mr. Duggan, of HancockA bill to amend section 23 of the common school act,
approved October 27, 1887. Referred to Committee on Education.
By Mr. Skelton, of HartA bill to alter and amend the charter of the town of
Hartwell. Referred to Committee on Corporations. Also, a bill to amend an act to incorporate the Hartwell
Loan and Savings Bank, approved October 24, 1887. Referred to Com.mittee on Banks.
By Mr. Holtzclaw, of HoustonA bill to amend the game law of Houston county; Referred to Committee on Counties and County Matters.

26

JouRNAL OF THE HousE.

Also, a bill to incorporate the Perry Loan and Savings' Bank, and for other purposes.
Referred to Committee on Banks.
Also, a bill to establish a public school system for the town of Perry.
Referred to Committee on Education.
By Mr. Mathews, of HoustonA bill to amend section 3554 of the Code of 1882. Referred to Committee on General .Judiciary.
By Mr. Campbell, of JasperA bill to amend an act, approved October 24, 1887, to
carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto.
Referred to Committee on Appropriations.
By Mr. Montgomery, of MarionA bill to provide for the increase of Road Commission-
ers from three to five in and for the 807th district, G. M., of Marion county.
Referred to Committee on Roads and Bridges.
Also, a bill to rP.peal an act, approved October 6, 1885, to provide for two weeks' session of the Superior Court of the county of Marion.
Referred to Committee on Special Judiciary.
Also, a bill to provide for extending the prov1s10ns of an act approved September 23, 1887, 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 purpo.ses, and for other purposes.
Ref~rred to Committee on Counties and County Matters.
By Mr. Tyson, of McintoshA bill to amend the charter of the Darien Short Line
Railroad Company. Referred to Committee on Railroads.

SATURDAY, JuLY 6, 181:19.

27

Also, a bill to incorporate the Empire Mills Telegraph <Company, and for other purposes.
Rele!Ted to Committee on Inco~porations.
By Mr. Hand, of MitchellA bill to amend an act establishing a new charter for the
~town of Camilla, approved October 24, 1887. Referred to Committee on Counties and County Matters.
By Mr. Herner, of MonroeA resolution constituting a Committe'=l on Business. Refened to Committee on Rules.
By l\Ir. McArthur, of MontgomeryA bill to amend an act to prescribe the time for cutting turpentine boxes and fixing pPnalty for the same, approved :.SeptembPr 22, 1887. Referred to Special Judiciary CommitteP.
Also, a bill to prohibit persons from fishing on the land -of another in the county ot Montgomery, etc.
Referred to Special Judiciary Committee.
Also, a bill to amend an act for the protection of game; insectivorous. birds and birds of song, for the county of Montgomery.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act approved December 24, 1888, to regulate the sale of spirituous liquors in the counties of Montgomery and Telfair.
Referred to Committee on Temperance.
By Mr. Gilbert, of MuscogeeA bill to prescribe when suits in the Supreme Court may
l>e dismissed. Referred to General Judiciary Committee.
By Mr. Olive, of OglethorpeA bill to provide for the disposition of business in Court
<Of Ordinary, and devolving upon the Ordinaries of this State, whenever any Ordinary is disqualified from acting therein, and for other purposes.
Referred to Committee on Special Judiciary.

28

JouRNAL oF THE HousE.

Mr. Morgan, of Pulaski, was granted leave to withdraw House Bill No. 306.
By Mr. Lamar, of RichmondA bill to incorporate the Augusta and West Florida Rail-
road, and f~r other purposes. Referred to ('ommittee on Railroads.
Also, a bill to amend an act to incorporate the Midville,. Swainsboro and Red Bluff Railroad, approved December 21, 1888.
Referred to Committee on Railroads.
Also, a bill to change the name of the " Manufacturing Insurance Mutual Aid Society," to" Manufacturers Mutual,. .Fire Insurance Company," and to amend the charter of said company.
Referred .to Committe~ on Corporations.
By Mr. Fleming, of RichmondA bill to provide for the publication of presentments
when recommended by the Grand Jury. Referred to General Judiciary Committee.
ByMr. Halliday, of StewartA bill to p~ovide for the transfer of misdemeanor cases
from the Superior Court to the County Court of said county. Referred to Committee on Special Judiciary.
By Mr. Brady, of SumterA bill to repeal an act approved February 23, 1876,.
fixing the salaries of the County Tteasurer of Sumter and Randolph counties at the sum of three hundred dollars per annum.
Referred to Committee on Counties and County Matters.
By Mr. Simmons, of SumterA bilJ to transfer the county of Dooly from the Oconee
Judicial Circuit to the South Western Circuit, etc. Referred to Committee on General Judiciary.
By Mr. Williams, of TelfairA bill to prohibit persons from hunting and fishing on
the lands of another in the county of Telfair. Referred to Committee on Special Judiciary.

SATURDAY, JuLY 6, 1889.

29

Also, a bill to repeal an act to incorporate the Savannah :and Western Railroad Company, approved October 9, 1885, and to revoke all the rights, powers and privilege!; granted .by said act to the incorporators.
Referred to Committee on Railroads.
Also, a bill to incorporate the town of McRae, in the -eounty of Telfair, and for other purposes.
Referred to Committee on Corporations.
By Mr. Kendrick, of TerrellA bill to incorporate the town of Parrott, in Terrell
-eounty. Referred to Committee on Corporations.
Also, a bill to incorporate the Georgia Pharmacutical .Association, and for other purposes.
Referred to Committee on Corporations.
By Mr. Mcintyre, of ThomasA bill to classify the convicts of this State, and for the
.separation of the sexes ; for the separation of the colored from the white, and for other purposes.
Referred to Committee on Penitentiary.
Also, a resolution to appropriate one hundred dollars for the relief of Mrs. Mary A. Chastain.
Referred to Committee on Appropriations.
Also, a bill to prohibit the fishing or seining in Linton Lake or Sheldon Pond, in Thomas county, without the -eonsent of the owners thereof.
Referred to Committee on Special Judiciary.
l3y Mr. Alexander, of ThomasA bill to amend the charter of the town of Uairo, Thomas
._munty. Referred to Committee on Corporations.
Also, a bill to incorporate the Tnomasville and Cordele :Railway Company.
Referred to Committee on Railroads.

30

JouR~AL oF THE HousE.

By Mr. Whitaker, of TroupeA bill to amend an act to incorporate the Macon, La-
Grange and Birmingham Railroad Company. Referred to Committee on Railroads.
The Speaker assigned the new members elect, to theirrespective committees, to-wit:
Mr. Church-Western and Atlantic Railroad, Penitentiary, Corporations.
Mr. Hardeman-General Judiciary, Military Affairs? Banks.
Mr. Harris-Appropriations, Railroads, Deaf and Duml> Asylum.
Mr. Johnson-Agriculture, Counties and County Matters, Wild Lands.
Mr. Harrell, chairman of the Committee on Rules, i-;Ubmitted the following report :

Mr. Speaker:
The Committee on Rules have had under consideration the following resolution, which they recommend do pass,.. by substitute, to-wit:
Resolved by the House, the Senate concuning, That the chairman of the committees in the House and Senate, be,.. and they are constituted a joint committee on business.
Respectfully submitted. D. B. HARRELL, Chairman pro fern.
Upon motion of Mr. Harrell, of Webster, the resolution providing for a committee of business, was taken up and put upon its passage.
The resolution was then read, and the report of the committee, which was favorable to the passage of the resolution,.. by substitute, was agreed to; the resolution was then agreed to, to-wit:
A resolution providing for Committee on Business. The call of counties were continued, and the following: bills were introduced, read and referred, to-wit:

SATURDAY, JUJ.Y 6, 1889.

31

By Mr. Galloway, of WaltonA bill to repeal an act to require and provide for the
registration of all voters in the counties of Floyd. McDuffie, Burke, Randolph, Elbert, Oglethorpe, Greene, Washington, Walton, Morgan, etc., approved October 3, 18~5, so far as the same shall apply to the county of Walton.
Referred to Committee on Special Judiciary.
By Mr. McDonald, of WareA bill to compel all persons having charge or control of
children of school age, between the ages of six and eighteen years, to send them to school each year a sufficient length of time to receive the benefit of the public school fund, and to provide a penalty for the violation of the same.
Referred to Cummittee on Education .
. By Mr. Veazey, of WarrenA bill to alter and amend the laws of this State in rela-
tion to vagrants, and to provide for the apprehension, trial, conviction and punishment of such persons, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Glenn, of WhitfieldA hill to repeal an act to equitably adjust the claims of
the colored race for a portion of the proceeds of the agricultUI'al land scrip fund, approved March 3, 18i4.
Referred to Committee on Educati.m.
Also, a bill to establish a State Normal College for colored people, and for other purposes.
Referred to Committee on Education.
Also, a resolution regarding betterments of \Vestern and Atlantic Railroad.
Referred to Committee on Western and Atlantic Railroad.
Also, a bill to regulate practice in Supe1ior Court, so far as same applies to discovery on oath in equity proceedings.
Referred to Committee on General Judiciary.

32

JouRNAL OF THE HousE.

By Mr. Turner, of FloydA bill to incorporate the Georgia, Carolinas and North-
ern Railroad Company, and for other purposes. Referred to Committee on Railroads.

Mr. Francis, of Washington, was granted leave to withdraw House Bill No. 356.

By consent, the following bill was introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:

By Mr. Candler, of DeKalbA bill to prohibit the organization or operation, within
this State, of pools, tl'Usts, monopolies, or other similar combinations; to regulate, control, or fix the price or supply of any article of commerce, use or consumption, and for other purposes.
Referred to Committee on Geneaal Judiciary:

By Mr. Kimble, of ClayA bill to prevent the running at large upon the lands of
another, whether enclosed or unenclosed, in the 43lst District, G. M., of Clay county, of all horses, mules, cows, hogs, sheep, goats, and to provide penalties, etc.
Referred to Committee on Counties and County Matters.

Also, a bill defining trusts and providing penalties and punishment of corporations, persons, firms and associations of persons connected with them, and to promote free competition in this State.
Referred to Committee on Agriculture.

By consent, the following bill was read the second time,

to-wit:

-

A bill to amend an act for the protection of game of

Richmond county, etc.



Leave of absence was granted to the following members, to-wit: Messrs. Hardeman, Harris of Floyd, Gallaway, Tarver, Peacock, Hand and Mitchell of Pike.

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

MoNDAY, JuLY 8, 1889.

33

ATLANTA, GEORGIA,
Monday, July 8, 1889.

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

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

Those present were Messrs.-

Albritton,

Hardage,

Mitchell of Pike,

Alderman,

Hall,

Mitchell of Spalding,

Alexander,

Halliday,

Mobley,

Arnold,

Ham,

Montgomery,

Atkinson of Columbia, Hand,

Morgan,

Atkinson of Coweta, Harper,

Morris,

Bates,

Harrell of Decatur, Murray,

Bell,

Harrell, of Webster, Mustin,

Berner,

Hart,

Olive,

Boone,

Herrington,

Oliver,

Brady,

Hill of Meriwether, O'Neill,

Brewton,

Hill of Wilkes,

Park,

J!rown,

Hobbs,

Patterson,

Bush,

Holtzclaw,

Peacock,

Buxton,

Holden,

Perry,

Callaway,

Hood,

Postell,

Calvin,

Hooks,

Rankin,

Campbell,

Howell,

Rawls,

Candler,

Humphreys of Brooks, Reid,

Carithers,

Humphries of Screven, Reilly,

Carlton,

Huey,

Speer,

Champion,

Huff,

Simmons,

Chew,

Hyers,

Sims of Lincoln,

Church,

Jenkins of Harris,

Sims of Wilkes,

Clark,

Jenkins of Johnson, Singleton,

Clement,

Johnston of Campbell, Skelton,

Clifton,

Johnson of Crawford, Smith of Calhoun,

Collier,

Johnson of DeKalb, Smith of Decatur,

Crenshaw,

,Johnson of Floyd,

Smith of Gwinnett,

Crowder,

Johnson of Jones,

Smith of Wilkinson,

Daniel,

Johnson of ()linch, Snead,

Davie,

Jones of Baker,

Snelson,

Davis of Burke,

Jones of Chattooga, Stokes,

Davis of Elbert,

Jones of Coweta,

Tanner,

DeLacy,
3

Kimble,

Tatum,

34

JOURNAL OF THE HousE.

Dennard, Dodgen, Duggan, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon. Griffin, Gunter,

Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lewis, Lolley, Mathews, Maxwell, McArthur, McDonald, J\IcDaniel, }lcCnlla, McCook, Mcinnis, }lclntyre, }!elver. }leans,

Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Applin!! Willian.s of 'l'elfair. Williams of Upson, Wright.

Those absent were Messrs.-

Allred, Arnheim, Atkinson of Butts, Coggins,

Dugger, Hardeman, Beery,

Lawson, Tarver, J\Ir Speaker.

Mt. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Arnheim, (indefinite,) McCalla, Mathews, Mr. Martin, (Door-keeper.)

Mr. Sm~th, of Gwinnett, gave notice, that at the proper time, he would move to reconsider so much of the Journal on Saturday that provides for a Committee on Business.

Mr. Smith, of Gwinnett, moved to reconsider the resolution providing.for a Committee on Business.

Mr. Tatum, of Dade, called the previous question, which call was sustained, a~d the main question ordered.
The motion to reconsider was sustained, ~nd the resolu-
tion was reconsidered.

.

, MONDAY, JULY 8, 1889.

35

Upon motion of Mr. Smith, of Gwinnett, the resolution

providing for a Committee on Business was taken up, and

the same was, upon motion, tabled.

Upon motion of Mr. Lamar, of Richmond, all members having bills and resolutions for introduction be allowed to send them to the Clerk's desk, and have the same read and referred.

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

WHEREAS, The placing of advertisements on the desks of the Representatives not only litters up the House, but has become a nuisance to the members. Be it therefore
Resolved, That this nuisance is, iu future, expressly forbidden, and that the Messenger and other officers of the House are requested to put a stop to the same.

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 DecaturA bill to incorporate the Bainbridge, Cuthbert nud West-
ern Railway Company. Referred to Committee on Railroads.

By Mr. Jones, of Baker-A bill to reduce the bond of the Sheriff of Baker county,
from six to three thousand dollars. Referred to Committee on Counties and County Matters.

By Mr. Tatum, of DadeA bill to prohibit the bringing of dressed beef into this
State and selling the same, and for providing a penalty therefor.
Referred to Committee on General Judiciary.

By Mr. Gilbert, of MuscogeeA bill to authorize and empower the Mayor and Council
of the city of Columbus to make to the Gas Light Com-

36

JouRNAL oF THE HousE.

pany, of Columbus, title to the land in said city now held and occupied by said company, etc.
Referred to Committee on Special Judiciary.
By Mr. Johnson, of ClinchA bill to protect the public roads and bridges of the
county of Clinch. Referred to Committee on Roads and Bridges.
By Mr. Campbell, of JasperA bill to prohibit the sale of cotton in the seed in the
county of Jasper, between the 15th day of Augui't and the 15th day of December, in quantities less than five hundred pounds, and provide punishment for the same.
Referred to Committee on Agriculture.
By Mr. Davit>, of HallA bill to regulate the granting of public school licenses
to the tt>ache1 s of this State. Referred to Committee on Education.
By Mr. Candler, of DeKalbA bill to incorporate the Atlanta and Lithonia Railroad
Company, etc. Referred to Committee on Railroads.
By Mr. Halliday, of StewartA bill to prohibit the putting of fish traps and other
<>bstructions in the Pataula Creek and its tributaries, in the counties of Stewart, Randolph, Q11itman and Clay, and for other pU!poses.
Referred to Committee on Agriculture.
By Mr. Hand, of MitchellA bill to authorize and empowet the Town Council of
Camilla to create a debt not to exceed five thousand dollars, for the purpose of erecting suitable school buildings for said town, and for other purpoRes.
Referred to Committl:'<' on Co1porations.
By Mr. Clifton, of ChathamA bill to incorporate the Southbound Railroad Company;



MONDAY, JULY 8, 1889.

37

to recognize and confirm the charter already granted the said company, etc.
Referred to Committee on Railroads.

By Mr. Martin, of Morgan-

A bill to prohibit the sale of spirituous malt or intoxi-

cating liquors within two miles of Braswell Academy in

Morgan county, Georgia.

Referred to Committee on Temperance.

By Mr. Alderman, of Colquitt-

1

A bill to create a Board of Commissioners of Roads and

Revenues for the county of Colquitt.

Referred to Committee on Cllnnties and County Mattrs.

Also, a bill to prevent the killing or destroying game in the county of Colquitt.
Referred to Committee on Counties and County Matters.

By Mr. Williams, of TelfairA bill to change the time of holding the Superior Court
of the county of Telfair. Referred to Committee on General Judiciary.

By Mr. Lamar, of RichmondA bill to repeal paragraph No. 1, of section 3854 of the
Code, and in lieu thereof, to more clearly define the competency of witness in cases where certain parties, persons, or agents are deceased or .insane.
Referred to Committee on General Judiciary.

By Mr. DeLacy, ofDodgeA bill to extend the corporat~ limits of the town of East_-
man.
Referred to Committee on Corporations.

Also, a bill to am.end an act incorporating the town of

Chauncey.

'

Referred to Committee on Corporations.

Also, a bill to amend sections 10 and 18 of the act incorpoi-ating the town of Chauncey.
Referred to Committee on Corporations..

38

JouRNAL OF THE H~usE.

Also, a bill to prohibit the sale of liquors within five miles of Bethlehem Missionary Baptist Church, in Dodge county.
Referred to Committee on Temperance.
Also, a bill to amend section 10 of an act incorporating the town of Chauncey.
Referred to Committee on Corporations.
Also, a hill to prohibit the sale of liquor in any quantity' within five miles of any church in Dodge county.
Referred to Committee on Temperance.
By. Mr. Twitty, of JacksonA bill to amepd an act incorporating the town of Jpffer-
son, in the county of Jackson, approved August 14, 1872. Referred to Committee on Corpo1ations.
By Mr. Humphries, of ScrevenA bill to prohibit fishing, hunting, or otherwise trespass-
ing on the lands of another, in the county of Screven without the consent of the owner.
Referred to Committee on Counties and County Matters.
Also, a bill to establish the County Court of Screven, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. DeLacy, of DodgeA bill to incorporate the Citizens' Bank of Eastman. Referred to Committee on Banks.
By Mr. Francis, of WashingtonA bill to prohibit the sale of seed cotton in the county of
Washington from the 1st day of August to the 20th day of December, in each year.
Referred to Committee on Agriculture.
By Mr. McArthur, of Montgomery- A bill to auth~rize John W. Bridges, of the county of
Montgomery, to peddle in said county without license. Referred to Committee on Counties and County Matters.

MoNDAY, JuLY 8, 1889.

39

By Mr. Hart, of GreeneA bill to amend section 151 of the Code of 1882. RefNred to Committee on Special Judiciary.
By l\-h. Fain, of WhiteA bill to incorporate the Augusta and Western Railroad,
and for other purposes. Referred to Committee on Railroads.
By Mr. Brady, of SumterA bill to anthorize the Judges of the Supreme Courts to
appoint two short-hand reporters, etc. Referred to Committee on General Judiciary.
By Mr. Murray, of SchleyA bill 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 unene1osed, in the 961st District, G. M., Schley county, Georgia.
Referred to Committee on Agriculture.
The following message was received from the Senate, through Mr. Cabaniss, the Secretary thereof:

1Vfr. Speaker:
The 'Benate has passed the following joint resolutions, and asks the concurrence of the House therein, to-wit:
A resolution eXJlressing the grateful sense of the General Assembly for the services of the Capitol Commission.
Also, a resolution requesting members of the General Assembly, officers and pages, to preserve the new Capitol
. Building from soil and damage as far as practicable. Also, a resolution appointing a committee to inquire and report what public officers are to be elected, and has appointed as committee on part of the Senate, Messrs. Edwards of the 11th district, and Gibbs of the 28th.
Mr. l:;immons, chairman pro tem. of the Committee on Banks, submitted the following report:

40

JouRNAL oF THE HousE.

Mr. Speaker:
The Committee have had under consideration the following House bills, to-wit:
A bill to incorporate the Oglethorpe Savings and Trust Company, and for other purposes, No. 375, committee recommended the bill do pass.
Also, a bill to incorporate the Chatham Dime Savings Bank, No. 378.
Committee recommend do pass as amended.
Also, a bill to incorporate the Brunswick Savings and Trust Company, No. 335.
Committee recommend do pass.
Also, a bill to incorporate the American Loan and Banking Company, No. 419.
Committee recommend do pass as amended. Respectfully submitted.
E. G. SIMMONS, Chairman pro tern.

Mr. Glenn, chairman pro tem., of the Committee on Corporations, submitted the folfowiug report :

Mr. Speaker:
The Committee on Corporations has had under consideration the following bill, which they recommend do pass, to-wit:
A bill to amend the charter of the town of Cairo, in Thomas county.
Respectfu~ly submitted. W. C. GLENN, Chairman protem.
Upon motion of4 Mr. Brady, House bill No. 12 was made the special order for Thursday, the first day of August next, immediately after the reading of the Journal.
House bill No 32 was taken up for a third reading, and upon motion, the bill was tabled.

MoNDAY, JuLY 8, 1889.

41

The following resolution was read the third time; the report of the committee, which was favorable to the passage of the resolution, 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 vote was as folows:

Those voting in the affirmative were Messrs.--

Albritton,

Gholston.

Mobley,

Alderman,

Gilbert,

Montgomery,

Allred,

Glenn,

Morgan,

Alexander,

Gordon,

Morris,

Arnold,

Griffin,

Murray,

Atkinson of Columbia, Hardage,

Mustin,

Atkinson of Coweta, Hall,

Oliver,

Bates,

Ham,

O'Neill,

Brady,

Harrell of Decatur, Park,

Brew'ton,

Howell,

Patterson,

Brown,

Humphreys of Brooks, Postell,

Bush,

Humphreys of Screven, Rankin,

Buxton,

Huey,

Rawls,

Campbell,

Huff,

Reid,

Candler,

Hyers,

Reilly,

CCaarrlittohne r, s,

Jenkins of Harris,

Speer,

Johnston of Campbell, Simmons,

Champion,

Johnson ofDeKalb, Skelton,

Chew,

Johnson of Floyd,

Smith of Calhoun,

Clark,

Johnson of Jones,

Smith of Decatur,

Clement,

Johnson of Clinch, Smith of Gwinnett,

Clifton,

Jones of Baker,

Snead,

Collier,

Kimble,

Stokes,

. Crenshaw,

Kendrick,

Tanner,

Crowder,

King,

Taylor,

Daniel,

Knight,

Tigner,

Davie,

Lang,

Turner,

Davis of Burke,

Latham,

Tyson,

DeLacy,

Lewis,

Twitty,

Dennard,

Mathews,

Tuck,

Duggan,

:Maxwell,

Veazey,

Fain,

McDonald,

Venable,

Felton,

1\fcDaniel,

Ward,

Fleming,

McCook,

Warren,

Flynt,

Mcinnis,

Williams of Appling,

Fonte,

}lclntyre,

Williams of Telfair,

42

JouRNAL OF THE HousE.

Francis, Gallaway,

Means, )fitchell of Pike,

Williams of Upson, Wright.

Those voting in the negative were Messrs.-

Berner, Boone, Church, Coggins, Dodgen, Fricks, Goodman. Gunter,

Halliday, Hand, Harper, Harrell of Webster, Hill of Meriwether, Holden, Johnson of Crawford, Jones of Chattooga,

Jones of Coweta, Kitchens, Lolley, Mciver, Snelson, Tatum, Thurman.

Those not voting were Messrs.-

Arnheim, Atkinson .-.f Butts, Bell, Callaway. ('.al-in,
Davis of Elbert, Dugger, Frazer. Gamble, Hardeman. Hart, Heery, Herrington,

Hill of Wilkes, Hobbs, Holtzclaw, Hood, Hooks. Jenkins of Johnson, Lamar, l,jawsoll, McArthur, )IcCalla, )litchell of Spalding, Olive,

Pea('ock. Perry, Sims of Lincoln, Sims of "Wilkes. Singleton, Smith of Wilkinson, Taner, Vandever, Walker, West, Whitaker, Mr. Speaker.

Yeas 114. Nays 23. Not voting, 37. Having received the requisite constitutional majo~ity, the resolution pas'3ed, to-wit:

A resolution for the relief of the Equitable Life Assurance Society of the United States.

By unanmious consent, the following bill waR taken up, read the third time, and put upon its passage; the report. of the committee, which was favorable to the passage of the hill by substitilte, was agreed to, the proper legal proofs 'were exhibited, and the bill passed by substitute by the requisite conl"titntional majority, yeas 116, nays 0, to-wit:

A bill to amend an act entitled an act, for the protection of game in Richmond county, approved December 27, 1886, by making close time for doves from the first day of April to the fifteenth day of July, in each year.

MoNDAY, ,JuLY 8, 1889.

43

The following resolution was read the third time, the Teport of the committee was agreed to, as amended, and 'l.lpon the passage of the bill, the vote was, yeas 82, nays 8. Not having received the requisite constitutional majority, cthe resolution was lost, to-wit:
A resolution for the relief of the East and West RailToad of Alabama.
House bill No. 75 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 was agreed to, and the bill passed by the .requisite constitutional majority; yeas 93, nays 0, to-wit:
A bill to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk; to prescribe :a penalty for its violation, and for other purposes.
The following bill was read the third time; 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 were 46, and the nays 57. Not having received the requisite constitutional majority, the bill was lost, to-wit:
A bill to amend section 262 (a) of the Codeof 1882.

The following bill was read the third time; 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 calling the roll of the House the vote was as folfollows:

Those voting in the affirmative were Messrs.-

.Albrit~on,

Gordon,

.Alderman,

Griffin,

.Alexander,

Gunter,

.Arnold.

Hardage,

.Atkinson of Columbia, Hall,

Mcintyre, Mciver, Means, Mitchell of Pike, Mobley,

44

JouRNAL oF THE HousE.

Atkinson of Coweta, Bates, Berner, Boone, Brady, Brewton, Brown, Bush, Buxton, Candler, Carithers, Carlton, Champion, Chew, Clark, Coggins, Collier, Crenshaw, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dodgen, Duggan, Felton, Fleming, Flynt, Foute, Francis, Fricks, Gallaway, Gholston, Gilbert, Glenn, Goodman.

Halliday,

i\Iorgan,

Ham,

Murray,

Harrell of Decatur, l.Iustin,

Harrell of Webster, Olive,

Herrington,

Oliver,

Hill of :Meriwether, O'Neill,

Holden,

Park,

Hood,

Patterson,

Howell,

Rankin,

Humphreys of Brooks, Rawls,

Humphries of Screven, Reid,

Huey,

Reilly,

Huff,

Speer,

Hyers,

Simmons,

Jenkins of Harris,

Skelton,

Johnson ofCampbell, Smith of Calhoun,

Johnson of Crawford, Smith of Wilkinson,

Johnson of Floyd,

Snelson,

John,on of Clinch, Tanner,

,Jones of Chattooga, Tatum,

.Jones of Coweta,

Taylor,

Kimble,

Thurman,

Kendrick,

Tigner,

King,

Turner.

Kitchens,

Tyson,

Knight,

Twitty,

Lamar,

Vandever,

Lang,

Veazey,

Latham,

Venable,

Lewis,

Walker,

Lolley,

Ward,

Maxwell,

Williams of Appling,

:McDonald,

Williams of Telfair,-

McDaniel,

Williams of Upson,

}lcCook,

Wright.

Those voting in the negative were Messrs.-

Allred, Clement, Crowder, Daniel,

Fain, Hand, Harper,

.Jones of Baker, Smith of Gwinnett, Stokes.

Those not. voting were Messrs.-

Arnheim, Atkinson of Butts, Bell, Callaway;

Hill of Wilkes, Hobbs, Holtzclaw, Hooks,

Peacock, Perry, Postell, Sims of Dincoln,

TuESDAY, JuLY 9, 1889.

45

Calvin, Campbell, Church, Clifton, Dennard, Dugger,
~razer,
-Gamble, Hardeman. Hart, Heery,
Yeas 121.

Jenkins of Johnson, Johnson of DeKalb, Johnson qf Jones, Lawson, Mathews, McArthur, McCalla, Mcinnis, Mitchell of Spalding, Montgomery, Morris,

Sims of Wilkes, Singleton, Smith of Decatur, Snead, Tarver, Tuck, Warren, West, Whitaker, Mr. Speaker.

Nays 10. Not voting 44.

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

A bill to amend section 493, (c), of the Code of Georgia.

The following hill was read the third time, the report of the committee was agreed to, and upon the passage of the hill, the yeas were 130, nays 2.
Having received the requisite constitutional majority, the bill passed, to-wit :

A bill to amend section 3910, of the 'Code of 1880.

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

ATLANTA, GEORGIA,
Tuesday, July 9, 1889.

The House met pursuant to adjournment; called to order
by the Speaker p1o tern., and opened with prayer by the
Chaplain. The roll was c~lled and the following members answered
to their names :

Those present were Messrs.-

Albritton, .Alderman, .Allred, .Alexander, .Arnold, .Arnheim,

Griffin,
Gunter, Hardeman, Hardage, Hall, Halliday,

Mciver, Means, Mitchell of Pike, Mitchell of Spaulding, Mobley, Montgomery,

46

JouR~AL OF THE HousE.

Atkinson of Columbia, Ham,

~forgan,

Atkinson of Coweta, Hand,

Morris,

Bates,

Harper,

3Iurray,

Bell,

Harrell of Decatur, 3Iustin,

Berner,

Harrell of Webster, Olive,

Boone,

Hart,

Oliver,

Brady,

Herrington,

O'Neill,

Brewton,

Hill of Meriwether, Park,

Brown,

Hill of Wilkes,

Patterson,

Bush,

Hobbs,

Peacock,

Buxton,

Holtzclaw,

Perry,

Callaway,

Holden,

Postell,

Calvin,

H:>od,

Rankin,

Campbell,

Hooks,

Rawls,

Candler,

Howell,

Reid,

Carithers,

Humphreys of Brooks, Reilly,

Carlton,

Humphries of Screven, Speer,

Champion,

Huey,

Simmons,

Chew,

Huff,

Sims of Lincoln,

Chureh,

Hyers,

Sims of Wilkes.

Clark,

Jenkins of Harris,

Singleton,

Clement,

Jenkins of Johnson, Skelton,

Clifton,

Johnston of Campbell, Smith of Calhoun.

Coggins,

Johnson of Crawford, Smith of Decatur,

Collier,

Johnson of DeKalb, Smith of Gwinnett,

Crenshaw,

Johnson of Floyd, Smith of Wilkinson,

Crowder,

Johnson of Jones,

Snead,

Daniel,

.Johnson of Clinch. Snelson,

Davie,

Jones of Baker,

Stokes,

Davis of Burke,

Jones of Chattooga, Tanner,

Davis of Elbert,

Jones of Coweta,

Tatum,

DeLacy,

Kimble,

Taylor,

Dennard,

Kendrick,

Thurman,

Dodgen,

King,

Tigner,

Duggan,

Kitchens,

Turner,

Dugger,

Knight,

Tyson,

Fain,

Lamar,

Twitty,

Felton,

Lang,

Tuck,

Fleming,

Latham,

Vandever,

Flynt,

Lawson,

Veazey,

Fonte,

Lewis,

Venable.

Francis.

Lolley,

Walker,

Frazer,

:Mathews,

'Vard,

Fricks,

Maxwell,

Warren,

Gallaway,

McArthur,

West,

Gamble.

McDonald,

Whitaker,

Gholston,

McDaniel,

Williams of Appling~

TuESDAY, JuLY 9, 1889.

47

Gilbert, Glenn. Goodman, Gordon,

McCalla, McCook, }fclnnis, Mcintyre,

Williams of Telfair. Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Atkinson of Butts, Heery,

Tarver.

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

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

Mr. Speaker :
The Committee on Appropriations have had under consideration the following bill, which they have instructed me to report back with a recommendation that it do pas!", to-wit:
A bill to be entitled an act to relieve Captain J. M. Barnes, of the Thomp~on Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Thompson, Georgia, January 19, 1889, and for other purposes.
Also, a bill to he entitled an act to establish au Industrial College as a branch of the State University, fot the education of white girls ; to appropriate money for the same, and for other put"poses, which they request shall be read a second time, three hundred copies ordered printed, and the bill to be recommitted.
The committee have also had under consideration the following resolution, which they have instructed me to report back with a recommendation that it do pass, to-wit:
A resolution to authorize the payment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 18~7.
The committee have also had under consideration the following resolution, which they have instructed me to

48

JouRNAL OF THE HousE.

return to the House, that it may be withdrawn by its author, as it has been included in the General Appropriation Act, to-wit :
A resolution to refer the matter of additional appropriation for printing to Appropriation Committee.
The committee have also had under consideration the following bill, which they have instructed me to return to the House, with a recommendation that it do pass, to-wit :
A bill to be entitled an act to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier, of DeKalb county, for total loss of sight, under the act approved October 24, 1877.
Respectfully submitted. WILLIAM W. GoRDON, Chairman.
Mr. Rankin, chairman of the Committee on the Western and Atlantic Railroad, submitted the following report:
Mr. Speaker:
The Committee on the Western and Atlantic Railroad have had under consideration the following bill, which I have been instructed to report back to the House, with the recommendation that it do not pass, to-wit:
A bill to be entitled an act to authorize the lease of the Western and Atlantic Railroad, the property of the State of Georgia, to the Atlantic, Atlanta and Great Western Railroad and Navigation Company of Georgia.
Respectfully l:lubmitted. W. R. RANKIN, Chairman.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Jlr. Speaker :
The Senate has passed the following hill of the Senate, by the requisite constitutional majority, to-wit:
A bill to be entitled an act to incorporate the Carrollton Mutual Fire Insurance Company, by a vote of yeas 29, nays 0.

TuESDAY, .JuLY 9, 1889.

49

Mr. Davis, of Burke, offered the following resolution, which was read and adopted, to-wit:
Resolved by the House of Representatives, That a committee of three be appointed to wait upon His Excellency, the Governor, and notify him that the General Assembly is now in session and ready to receive any communication he may see proper to make.
Upon motion of Mr. Rankin, the special order of the day was taken up, to-v;it:
The consideration of the bills relating to the sale or lease of the 'Vestern and Atlantic Railroad.
By request of the Committee on the Western and Atlantic Railroad, Mr. Rankin, as chairman of the committee, offered the following resolution, to-wit:
Resolved, That the chairman of this committee be requested to ask the recommittal of the entire Western and Atlantic Railroad question to this committee for the purpose of perfecting this lease act, to be reported back to the House, with the understanding that this lease act will be perfected and reported back within the next two weeks.
Mr. Rankin offered the following, as a substitute for the resolution proposed by the committee, to-wit:
Resolved, That the bills relating to the sale or lease of the 'Vestern and Atlantic Railroad reported by the Committee on Western and Atlantic Railroad and minority th~reof, be recommitted to said committee for purpose of perfecting the bill for the lease of said road.
Resolved, further, That said committee be and is hereby instructed, to report said lease bill No. 65 back to the House on or before Thursday1 the 18th of July instant.
Resolved, juriher, That said bill be and it is hereby made a special order for Thursday, the 18th day of July instant, immediately after the reading of the Journal.
Resolved, further, That it is the sense of the House that 4

50

JouRNAL oF THE HousE.

no amendment should be made to the bill authorizing the lease of the road that contemplates restricting bids for said road to non-competitive corporations, but that the right to bid for the lease of said road shall be open and free to all companies, corporations, individuals or cqmbinations of companies, corporations or individuals, whether owning, operating or controlling competition. lines or not, and the committee is requested to observe this expression as the sense of this body.

Resolved, furthe:, That in the opinion of the House the question of claim for pay for betterments by the !'resent lessees is separate and distinct from, and should not be connected with, or control in the perfecting of a bill for the lease of the road, nor should its consideration encumber the House in the preparation of such bill to lease, and the committee is so instructed.

Mr. Simmous moved that the whole matter be recommitted to the Committee on Western and Atlantic Railroad without instructions.

As an amendment to this motion, Mr. Rankin offered the resolution previously offered by himself.

Upon this motion the previous question was called, which call was sustained, and the main question ordered.

Upon this motion the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting inthe affirmative were Messrs.-

Albritton,

Foute,

Allred,

Frazer,

Atkinson of Columbia, Fricks,

Bates,

Gallaway,

Boone,

Gholston,

Brewton,

Griffin,

Bush,

Hardage,

Campbell,

Ham,

Carithers,

Herrington,

Means, Mitchell of Pike, Morris, Oliver, Perry, Postell, Rankin, Speer, Singleton,

TUESDAY, JULY 9, 1889.

..51

Carlton, Champion, Church, Clement, Crenshaw, Crowder, Daniel, Davis of Elbert, DeLacy, Dennard, Dodgen, Dugger, Fain, Felton, Fleming, Flynt,

Hill of Meriwether, Skelton,

Hobbs,

Smith of Calhoun,

Hood,

Smith of Gwinnett,

Humphreys of Brooks, Snead,

Huey,

Stokes,

Hyers,

Tatum,

Johnston of Campbell, Thurman,

Johnson of DeKalb, Turner,

Johtl.son of Floyd,

Twitty,

Johnson of Jones,

Tuck,

Johnson of Clinch, Vandever,

Jones of Chattooga, Veazey,

Kimble,

Ward,

King,

Williams of Appling,

Lang,

Williams of Telfair.

Mcinnis,

Those voting in the negative were Messrs.-

Arnold, Atkinson of Coweta, Bell, Berner, Brady, Brown, Buxton, Callaway, Candler, Chew, Clark, Clifton, Coggins, Collier, Davie, Davis of Burke, Duggan, Francis, Gamble, Gilbert, Glenn, Goodman, Gordon, Gunter, Hardeman, Halliday, Hand, Harper,

Harrell of Decatur, Mciver~

Hart,

Mitchell of Spalding,

Hill of Wilkes,

Mobley,

Holtzclaw,

Montgomery,

Holden,

Morgan,

Hooks,

Murray,

Howell,

Mustin,

Humphries of Screven, Olive,

Huff,

O'Neill,

Jenkins uf Harris,

Park,

Johnson of Crawford, Patterson,

Jones of Baker,

Rawls,

Jones of Coweta,

Reid,

Kendrick,

Reilly,

Kitchens,

Simmons,

Knight,

Sims of Lincoln,

Lamar,

Smith of Decatur,

Latham,

Smith of Wilkinson,

Lawson,

Snelson,

Lewis,

Tanner,

Lofiey,

Taylor,

Mathews,

Tigner,

~axwell,

Tyson,

McDonald,

Venable,

McDaniel,

Walker,

McCalla,

Warren,

McCook,

Williams of Upson,

Mcintyre,

Wright.



.JouRNAL OF THE HousE.

Those not voting were Messrs.-

Alderman, 1\.lexander, Arnheim, Atkinson of Butts, Calvin, Hall,

Harrell of Webster, Beery, Jenkins of Johnson, McArthur, Peacock,

Sims of Wilkes, Tarver, West, Whitaker, Mr. Speaker.

Yeas 74. Nays 84. Not votinl(l6.

So the amendment was lost.

The question then recurred upon the motion of Mr. Simmons, of Sumter, to recommit.
Upon this question, the yeas and nays were called, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:
/
Those voting in i.he affirmative were Messrs.-

Alexander, Arnold, Atkinson of Coweta, Bell, Berner, Brady, Brewton, Brown, Buxton, Callaway, Candler, Chew, Clark, Clifton, Coggins, Collier, Daniei, Davie, Davis of Burke, Duggan, Felton, Francis, Gamble, Gilbert, Glenn, Hoodman,

Halliday,

McCook,

Hand,

Mcintyre,

Harper,

Mciver,

Harrell of Decatur, Mitchell of Spalding,

Hart,

Mobley,

Herrington,

Montgomery,

Holtzclaw,

Morgan,

Holden,

Murray,

Hooks,

O'Neill,

Howell,

Park,

Humphries of Screven, Patterson,

Huff,

Rawls,

Jenkins of Harris,

Reid,

Johnson of Crawford, Reilly,

Johnson of Floyd, Simmons,

J oneE of Baker,

Sims of Lincoln,

Jones of Coweta,

Smith of Decatur,

Kendrick,

Smith of Wilkinson,

Kitchens,

Snelson,

Knight,

Tanner,

Lamar,

Tigner,

Latham,

Tyson,

Lawson,

Venable,

Lewis,

Walker,

Lofley,

Warren,

Mathews,

Whitaker,

TUESDAY, JULY 9, 1889.

Q3

Gordon, Griffin, Gunter, Hardeman,

Maxwell, McDonald, McCall&,

Williams of Telfair, Williams of U psoq, Wright.

Those voting "in the negative were Messrs.-

Albritton,

Frazer,

Morris,

Alderman,

Fricks,

Mustin,

Allred,

Gallaway,

Olive,

Atkinson of Columbia, Gholston,

Oliver,

Bates,

Hardage,

Perry,

Boone,

Ham,

Postell,

Bush,

Hill of Meriwether, Rankin,

Campbell,

Hill of Wilkes,

Speer,

Carithers,

Hobbs,

Singleton,

Carlton,

Hood,

Skelton,

Champion,

Humphreys of Brooks, Smith of Calhoun,

Church,

Huey,

Smith of Gwinriett,

Clement,

Johnston of Campbell, Snead,

Crenshaw,

Johnson of DeKalb, Stokes,

Crowder,

Johnson of Jones,

Tatum,

Davis of Elbert,

Johnson of Clinch, Taylor,

DeLacy,

Jones of Chattooga, Thurman,

Dennard,

Kimble,

Turner,

Dodgen,

King,

Twitty,

Dugger,

Lang,

Tuck,

Fain,

McDaniel,

Vandever,

Fleming,

Mc!nms,

Veazey,

Flynt,

Means,

Ward,

Fonte,

Mitchell of Pike,

Williams of Appling.

Those not voting were Messrs.-

Arnheim, Atkinson of Butts, Calvin, Hall, Harrell of Webster,

Beery, Hyers, Jenkins of Johnson, McArthur, Peacock,

Sims of Wilkes, Tarver, West, Mr. Speaker.

Yeas 88. Nays 74. Not voting 14.

So the motion to recommit without instructions was agreed to, and the bill was so committed.

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

Resolved, That the Committee on Western and Atlantic Railroad be requested to make, if practicable, a report to

54

JouRNAL OF THE HousE.

this House on or before Friday, the 12th instant, upon the matters this day recommitted to it.
Mr. Rankin offered the following resolution, which was read and adopted, to-wit:
Resolved, That the Committee on Western and Atlantic Railroad be requested to report back to the House the matters this day recommitted to them, on or b{'fore Thursday the 18th instant.
The Speaker announced the following co.mmittee to wait on His Excellency, the Governor, to-wit: Messrs. Davis of Burke, Clement and Bell.
By unanimous consent, the following bills were read the second t}me, to-wit:
A bill to give and appropriate the proceeds of the lease of the Western and Atlantic Rail road to educational purposes, and to the Experiment Station and Farm, in this State, and for other purposes.
Also, a bill to establish an Industrial College as a branch of the State University, for the education of white girls; to appropriate money for the same, agd for other purposes.
Upon motion, 300 copies of House Bill No. 398, were ordered printed for the use of the House.
Mr. Fonte offerell the following resolution, to-wit:
Resolved, That it is the sense of this House that the Western and Atlantic Railroad be re-leased.
And pending the consideration of the resolution, upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Wednesday, July 10, 1889.
The House met pursuant to adjournment ; was called to to order by the Speaker pro tern., and opened with prayer by the Chaplain.

WEDNESDAY, JULY .10, 1889.

55

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

Tb ose present were Messrs.-

Albritton,

Gunter,

Mciver,

Alderman,

Hardeman,

Means,

Allred,

Hardage,

Mitchell of Pike,

Alexander,

Hall,

Mitchell of Spaldin~t,

Arnold,

Halliday,

Mobley,

Atkinson of Columbia, Ham,

Montgomery,

Atkinson of Coweta, Hand,

Morgan,

Bates,

Harper,

Morris,

Bell,

Harrell of Decatur, Murray,

Berner,

Harrell of Webster, :Mustin,

Boone,

Hart,

Olive,

Brady,

Beery,

Oliver,

Brewton,

Herrington,

O'Neil,

Brown,

Hill of Meriwether, Park,

Bush,

Hill of Wilkes,

Patterson,

Buxton,

Hobbs,

Peacock,

Callaway,

Holtzclaw,

Perry,

Calvin,

Holden,

Postell,

Campbell,

Hood,

Rankin,

Candler,

'Hooks,

Rawls,

Carithers,

Howell,

Reid,

Carlton,

Humphreys of Brooks, Reilly,

Champion,

Humphries of Screven, Speer,

Chew,

Huey,

Simmons,

Church, Clark,



Huff, Hyers,

Sims of Lincvln, Singleton,

Clements,

Jenkins of Harris,

Skelton,

Clifton,

Jenkins of Johnson, Smith of Calhoun,

Coggins,

Johnston of Campbell, Smith of Decatur,

Collier,

Johnson of Crawford, Smith of Gwinnett,

Crenshaw,

Johnson of DeKalb, Smith of Wilkinson,

Crowder,

Johnson of Floyd,

Snead,

Daniel,

Johnson of Jones,

Snelson,

Davie,

Johnson of Clinch, Stokes,

Davis of Burke,

Jones of Baker,

Tanner,

Davis of Elbert,

.Jones of Chattooga, Tarver,

DeLacy,

Jones of Coweta,

Tatum,

Dennard,

Kimble,

Taylor,

Dodgen,

Kendrick,

Thurman,

Duggan,

King,

Tigner,

Dugger,

Kitchens,

Turner,

Fain,

Knight,

Tyson,

Felton,

Lamar,

Twitty,

56

JouRNAL OF THE HousE.

Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

Lang, Latham, Lawson, Lewis, Lofley, Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre,

Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson ofBntts,

Harris,

Sims of Wilkes,

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

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Mqstin, Hook, Olive, Campbell and Smith of Calhoun.

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

Resolved, That the sheriffs of the various counties, now in attendance upon their convention in this city, be invited to the privileges of the floor during their stay in the city.

Mr. Harrell, of Decatur, 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 report back to the House, with a recommendation that it do pass, to-wit:
A bill to be entitled an act to incorporate the Piedmont Loan and Banking Company, at Gainesville, Ga.

WEDNESDAY, JULY 10, 1889.

57

They have also 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:
An act to incorporate the Citizens' Bank of Eastman.
They have also had under consideration the following bill, which they instruct me to report back to the House,. with the recommendation that it do pass, by substitute, to-wit:
An act to incorporate the Georgia Loan and Banking Company of Atlanta, Ga.
ReRpectfully submitted. J. D. HARREL, C~airman.
Mr. Howell, chairman of the House Committee, to attend the anmial commencement of the State University at Athens, submittedrthe following report :

Mr. Speaker:
Your committee appointed during the winter session to attend the commencement of the State University at Athens, has discharged that duty, and respectfully submits the following report, to-wit:
We find an unusual interest manifested in the commencement exercises, and that the attendance from all parts of the State was larger than is generally present on similar occasions.
This we attribute to the fact that the one hundredth anniversary of the University was celebrated at this commencement, and further, to. the interesting efforts of Chancellor Boggs, in whom we are confident that the State has an officer whose work in behalf of education will result in great good to the people.
We were gratified at the manner in which the commencement exercises were conducted, and at the showing made for the University, the limited means of which, while not being enough to ghe it the advantages possessed by other

58

JouRNAL oF THE Hol!SE.

institutions of learning in neighboring States less prosperous than Georgia, have, however, been used to such judicious purpose as to work results in pleasing disproportion to the fund available for the support of the University.
Your committee conferred with Chancellor Boggs, but, instead of reporting on any of the recommendations made by him, respectfully sugg;est that the General Assembly invite him to appear before it at such early date as may suit his convenience, as is customary for the Chancellor to do at each General Assembly. We therefore submit the following resolution for adoption by the House, if in its judgment it should deem such action proper:
Resolved, That the Chancellor of the State University be, and he is hereby invited to address the General Asserhbly, in joint session, on the - - day (to be filled by the Chancellor) of July, at 11 o'clock, a. m.
All of which is respectfully submitted. CLARK HoWELL, Chairman.
w. H. FELTON,
WILLIAM CLIFTON, J. N. TWITTY,
w. E. SMITH, G. w. M. TATU)I,
J. L. JoHNsoN, J.P. PERRY,
R. w. PATTERSON,
w. H. FLEMING,
J. R. H U:llPHRIES.
Mr. Perry, chairman pro tern. on the Committee of Special Judiciary, submitted the following report:

M1. Speaker :
The Committee on Special Judiciary have had under consideration the following bills of the Reuse, which they request me to report back, with the recommendation that they do pass, to-wit :
A bill to be entitled an act to refund to Chas. J. Doher-

WEDNESDAY, JULY 10, 1889.

59

ty, agent, the amount paid by him for a State liquor license for the year 1887, and fur other purposes.
Also, a bill to be entitled an act to allow Gecrge W. Cannon, a crippled citizen of Fulton county, Ga., to peddle in this State without license.
Also, the following bill, which they request m"e to report back, with the recommendation that it pass, as amended, to-wit:
A bill to be entitled an act to amend the act, approved October 24, 1887, so as to provide for the licensing of assistant engineers, and for other purposes.
Respectfully submitted. JNo. P. PERRY, Chairman pro tern.
Mr. Hill, of Meriwether, 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 House 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 amend an act to constitute a Board of Commissioners for Meriwether county, and for other purposes.
Also, the following House bill, which they recommend that the introducer be allowed to withdraw, to-wit :
A bill to be entitled an act to repeal an act ~ntitled an act, to require the owners of horses, mules, etc., to prev11:-~ the same from running at large in the 796th, 965tb 966th Districts, in the county of Stewart.
Re~ctfully imbmitted. H. W. HILL, Chairman.
Mr. Candler, chairman of the Committee on Education submitted the following report:


60

JouRNAL OF THE HousE.

Mr. Speaker:
The Committee on Education have had under consideration the following bills of the House, to-wit:
No. 109, which is a bill to be entitled an act to amend the act to amend, revise and consolidate the common school laws of this State.
Also, No. 123, which is a bill to be entitled an act to amend the act approved October 27, 1887, which I am directed to report back with the recommendation that the authors thereof be allowed to withdraw.
Also, Senate bill No. 20, to amend section 44 of the act approved October 27, 1887, to amend, revise and consolidate the common school laws of this State, with the recommendation that it do not pass.
Also, House bill No. 338, which is a bill to be entitled an act to compensate the members of the Board of Education of Greene county, which I am directed to report back with the recommendation that it do not pass.
Respectfully submitted. C. M. CANDLRR, Chairman.
The committee appointed to wait upon His Excellen<'y, 'the Governor, and inform him of the re-assembhng of the General Assembly, respectfully submitted the following, to-wit:
The Governor says : This being a continuation of last fall's session, he has no general message to send to the House, butthe probabilities are that he will communicate with the House in a few days in writing.
Respectfully submitted. WM. H. DAVIS, of Burke, GEORGE L. BELL, GEORGE A. CLEMENTI.
The resolution embraced in the report of the committee to attend the annual commencement at Athens, was read and agreed to.

WEDNESDAY, JuLY 10, 1889.

61

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

Resolved, That the Messenger of the House have prepared at once~a suitable desk, provided with boxes or pigeon holes, for the reception of mail of members of this House. And it shall be the duty of the door-keeper of the cloak room to take charge of the same, and in addition to his duty as door-keeper of said cloak room, he shall take charge of and distribute all mail of members of this House, in said desk or office. He shall also keep stamps, cards and paper wrapper on hand for the use of members.

By request, House Resolution No. 22, and House Bill No. 156 was withdrawn.

Under the head of unfini<>hed business, the following resolution, by Mr. Foute, was taken up, to-wit:

Resolved, That it iA the sense of this House, that the Western and Atlantic Railroad be re-leased.

Mr. Loflley moved to table the t'esolution.

Upon the motion to table, the yeas and nays were called for, which call was sustained.
Upon the call ot' the roll of the House, the vote was -as
follows:

Those voting in the affirmative were Messrs.-

Alexander, Atkinson of Coweta, Bell, Brady,
. Brewton, Candler, Chew, Crenshaw, Davis of Burke, GamblE!': Gilbert, Aoodman, Gunter, Hardeman, Halliday,

Harrell of Webster, Hart, Herrington, Holtzclaw, Huff, Johnson of DeKalb, Johnson of Jones, Kendrick, Kitchens, Knight, Lamar, Lewis, Lolley, Mathews, Maxwell,

1\Iontgomery, 1\Iorgan, Murray, Mustin, Park, Patterson, Peacock, Rawls, Simmons, Smith of Decatur, Snelson, Tigner, Tyson, Walker, Warren,

62

JouRNAL OF THE HousE.

Ham, Hand, Harper, Harrell of Decatur,

McDaniel,

Whitaker,

:Mciver,

Williams of Upson,

}Iitchell of Spalding, Wright.

Those voting in the uegative were Meesrs.-

Albritton,

Foute,

Mcinnis,

Alderman,

Francis,

Means,

Allred,

Frazier,

Mitchell of Pike,

Arnold,

Fricks,

Mobley,

Atkinson of Columbia, Gallaway,

Morris,

Bates,

Gholston,

Oliver,

Berner,

Glenn,

Perry,

Boone,

Gordon,

Postell,

Brown,

Griffin,

Rankin,

Bush,

Hill of Meriwether, Reid,

Buxton,

Hill of Wilkes,

Reilly,

Callaway,

Hobbs,

Speer,

Campbell,

Holden,

Singleton,

Carithers,

Hood,

Skelton,

Carlton,

Humphreys of Brooks, Smith of Calhoun,

Champion,

Humphries of Screven, Smith of Gwinnett,

Church,

Huey,

Smith of Wilkinson,

Clark,

Hyers,

Snead,

Clement,

Jenkins of Harris,

Stokes,

Clifton,

Johnston of Campbell, Tarver,

Coggins,

Johnson of Floyd,

Tatum,

Collier,

Johnson of Clinch, "Taylor,

Crowder,

Jones of Baker,

Thurman,

Davie,

Jones of Chattooga, Turner,

Davis of Elbert,

Jones of Coweta,

Twitty,

DeLacy,

Kimble,

Tuck,

Dodgen,

King,

Vandever,

Duggan,

Lang,

Veazey,

Dugger,

Latham,

Venable,

Fain,

Lawson,

Ward,

Felton,

1\IcDonald,

Williams of Appling,

Fleming,

McCalla,

Williams of Telfair.

Flynt,

McCook,

Those not voting were Messrs.-

Arnheim, Atkinson of Butts, Calvin, Daniel, Dennard,

Heery, Hooks, Howell, Jenkins of Johnson, Johnson of Crawford,

Olive, O'Neill, Si.ms of Lincoln, Sims of Wilkes, Tanner,

WEDNESDAY, JuLY 10, 1889.

63

Hardage, Hall, Harris,

McArthur, Mcintyre,

\Vest, )lr. Speaker.

Yeas 55. Nays 98. Not voting, 22.

So the motion to table was lost.

Mr. Patterson moved to commit the resolution to the Committee on Western and Atlantic Railroad.

And upon this motion the p1evious question was called, which call .was sustained, and the main question ordered.

Upon this motion the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

.Those voting in the affirmative were Messrs.-

Alexander, Atkinson of Coweta, Bell, Berner, Brady, Brown, Buxton, Chew, Clifton, Collier, Daniel, Davis of Burke, Gamble, Gilbert, Goodman, Gordon, Gunter, Hardeman, Halliday, Ham, Hand, Harper, Harrell of Decatur,

Harrell of Webster, Morgan,

H~rt,

Murray,

Hill of Wilkes,

Mustin,

Holtzclaw,

O'Neill,

Humphreys of Brooks, Park,

Humphries of Screven, Patterson,

Huff,

Peacock,

Johnson of DeKalb, Rawls,

Jones of Coweta,

Reid,

Kendrick,

Reilly,

Kitchens,

Simmons,

Knight,

Sims of Lincoln,

Lamar,

Singleton,

Lawson,

Smith of Decatur,

Lewis,

Snelson,

Lofley,

Tigner,

Mathews,

Tyson,

Maxwell,

Warren,

McCalla,

Whitaker,

Mciver,

Williams of Telfair,

Mitchell of Spalding, Williams of Upson,

Mobley,

Wright.

Montgomery,

Those voting in the negative were Messrs.-

Albritton, Alderman,

Francis, Frazer;

Means, Mitchell of Pike,

64

JouRNAL oF THE HousE.

Allred,

Fricks,

Morris,

Arnold,

Gallaway,

Oliver,

Atkinson of Columbia, Gholston,

Perry,

Bates,

Glenn,

Rankin,

Boone,

Griffin,

Speer,

Bush,

Hardage,

Skelton,

Campbell,

Herrington,

Smith of Calhoun,

Carlton,

Hill of Meriwether, Smith of Gwinnett,

Church,

Hobbs,

Smith of Wilkinson,

Clement,

Hood,

Snead,

Coggins,

Huey,

Stokes,

Crenshaw,

Je.nkins of Harris,

Tarver,

Crowder,

Johnston of Campbell, Tatum,

Davie,

Johnson of Floyd,

Taylor,

Davis of Elbert,

Johnson of Clinch, Thurman,

DeLacy,

Jones of Baker,

Turner,

Dennard,

.Jones of Chattooga, Twitty,

Dodgen,

Kimble,

Tuck,

Duggan,

King,

Vandever,

Dugger,

Lang,

Veazey,

Fain,

Latham,

Vepable,

Felton,

McDonald.

Walker,

Fleming,

~IcDaniel,

Ward,

Flynt,

Mcinnis,

Williams of Appling,

Foute,

Mcintyre,

Those not voting were Messrs.--

Arnheim, Atkinson of Butts, Brewton, Callaway, Calvin, Candler, Carithers, Champion, Clark,

Hall, Harris, Heery, Holden, Hooks, Howell, Hyers, Jenkins of Johnson, Johnson of Crawford,

Johnson of Jones, McArthur, :McCook, Olive, Postell, Sims of Wilkes, Tanner, West, Mr. Speaker.

Yeas 68. Nays 80. Not voting, 27. So the motion to commit was lost.

Mr. Flemming called the previous question, which call was susstained, and the main question ordered.

Upon the adoption of the resolution, the yeas and nays were called, which call was sustained.

Upon the call of the roll of the Honse the vote was as folows:

.WEDNESDAY, JULY 10, 1889.

65

Those voting in the affirmative were Messrs.--

Albritton,

Fricks,

Mitchell of Pike,

Allred,

Gallaway,

Mitchell of Spalding,

Alexander,

Gholston.

Mobley,

Arnold,

Gilbert,

Montgomery,

Atkinson of Columbia, Glenn,

Morris,

Atkinson of Coweta, Gordon,

Murray,

Bates,

Griffin,

Mustin,

Bell,

Hardage,

Oliver,

Berner,

Ham,

O'Neill,

Boone,

Hand,

Park,

Brady,

Hart,

Perry,

Brewton,

Hill of :Meriwether, Postell,

Brown,

Hill of Wilkes,

Rankin,

Bush,

Holden,

Rawls,

Buxton,

Hood,

Reid,

Callaway,

Howell,

Reilly,

Candler,

Humphreys of Brooks, Speer,

Carithers,

Humphreys of Screven, Simmons,

Carlton,

Huey,

Singleton,

Champion,

Jenkins of Harris,

Skelton,

Chew,

Johnston of Campbell, Smith of Calhoun,

Church,

Johnson ofDeKalb, Smith of Decatur,

Clements,

Johnson of Floyd,

Smith of Gwinnett,

Clifton,

Johnson of Clinch, Smith of Wilkinson,

Coggins,

Jones of Baker,

Snead,

Collier,

Jones of Chattooga, Snelson,

Crenshaw,

Jones of Coweta,

Stokes,

Crowder,

Kimble,

Tanner,

Daniel,

Kendrick,

Tarver,

Davie,

King,

Tatum,

Davis of Elbert,

Knight,

Taylor,

DeLacy,

Lang,

Thurman,

Dennard,

Latham,

Tigner,

Dodgen,

Lawson,

Twitty,

Duggan,

Lofley,

Tuck,

Dugger,

McDonald,

Vandever,

Fain,

McDaniel,

Veazey,

Felton,

McCalla,

Venable,

Fleming,

McCook,

Walker,

Flynt,

Mcinnis,

Ward,

Foute,

Mcintyre,

Warren,

Francis,

Mciver,

Williams of Appling,

Frazer,

~leans,

Williams of Telfair,

Those voting in the negative were Messrs.-

Davis of Burke,

Huff,

Patterson,

5

66

JOURNAL OF THE HousE.

Gamble, Goodman, Gunter, Hardeman, Halliday, Herrington, Holtzclaw,

Johnson of Jones, Lamar, Lewis, Mathews, Maxwell, Morgan,

Peacock, Sims of Lincoln, Tyson, Whitaker, Williams of Upson, Wright.

Those not voting were MeEsrs.-

Alderman, Arnheim, Atkinson of Butts, Calvin, Campbell, Clark, Hall, Harper,

Harrell of Decatur, Harrell of Webster, Beery, Hobbs, Hooks, Hyers, Jenkins of Johnson, Johnson of Crawford,

Kitchens, McArthur, Olive, Sims of Wilkes, Turner, West, Mr. Speaker.

Yeas 129. Nays 22. Not voting, 23.

So the resoluti~n by Mr. Foute was adopted, to-wit:

Resolved, That it is the sense of this House that the Western and Atlantic Railroad be re-leased.
Upon the call of the counties for the introduction of new matter, the following hills were introduced, read the first ti.me, and appropriately referr~d, to-wit:

By Mr. McDonald, of WareA bill to incorporate the Waycross Street Railway Com-
pany. Referred to Committee on Corporations.

By Mr. Holden, of TownsA bill to prescribe the manner of selecting the County
School Commissioners in and for the county of Towns in this State.
Referred to Committee on Co~nties and County Matters.

By Mr. Simmons, of SumterA bill to establish the office of Jail Inspector, and for
other purposes. Referred to Committee on Hygiene and Sanitation..
Also, a bill to amend the charter of the Savannah, Americus and Montgomery Railroad.
Referred to Committee on Railroads.

WEDNESDAY, JULY 10, 18~9.

67

By Mr. Halliday, of Stew:ut- A bill to establish a school district in the county of Stew-
art, to be known as the Lumpkin Public School District, and for other purposes.
Referred to Committee on Education.
Also, a bill to amend section 7 of an act, approved December 8, 1888, to create a Board of Commissioners of Roads and Revenues for the county of Stewart, so as to increase the pay of the Clerk of said Board, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mitchell, of SpaldingA bill to prohibit the s!\lling of intoxicating or alcoholic
liquors, within three miles of Union Baptist Church, and provide a penalty, etc.
Referred to Committee on Temperance.
Also, a bill to amend the charter of Griffin, and the acts amendatory thereof.
Referred to Committee on Appropriations.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Midway Methodist Church, Spalding county, etc.
Referred to Committee on Temperance.
Also, a. bill to prohibit the sale of seed cotton in Spalding county from the 15th day of August until the 15th day of December in each and every year.
Referred to Committee on Agriculture.
By Mr. McCalla, of RockdaleA bill to establish a system of public schools in the city
of Conyers, in th(l county of Rockdale. Referred to Committee on Education.
By Mr. Fleming, of RichmondA bill to prov~de for admitting ancient deeds to record. Referred to C~mmittee on General Judiciary.

68

JouRNAL l'F THE HousE.

By Mr. Lawson, of PutnamA bill to modify section 2545 of the Code of 1882. Referred to Committee on General Judiciary.
Also, a bill to provide for the distribution of fines and forfeitures, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Morgan, of PulaskiA bill to amend the charter of the town of Hawkinsville. Referred to Committee on Corporations.
By Mr. Speer, of NewtonA bill to amend an act to require the Clerk of Superior
Court to procure and keep a duplex index of the written instruments, etc., approved October 5, 1~87.
Referred to Committee on General Judiciary.
By Mr. Berner, of MonroeA bill to amend paragraph 2, section 18, article 6, of the
Constitution of this State, and to provide for the submission of the same.
Referred to Committee on General Judiciary.
By Mr. Hand, of MitchellA bill to create the office of Solicitor for the County_
Court of Mitchell county, etc. Referred to Committee on Counties and County Matters.
Also, a bill to proviJe for the registration of the qualified voters of Mitchell county, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Bush, of MillerA bill to require the State Librarian to furnish the Ordi-
naries and Clerks of each county in this State with the missing volumes of the Supreme Court Reports, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Mcintyre, of ThomasA bill to incorporate the town of Meigs in Thomas
county, etc. Referred to Committee on Corporations.

WEDNESDAY, JuLY 10, 1889.

69

By Mr. Hobbs, of McDuffieA bill to amend an act to provide compensation for all
Managers and Clerks of general and special elections held in McDuffie county, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to amend an act to create a Board of Commissioners for the counties of \Vare and McDuffie, approved August 24, 1872, so far as same relates to the county of McDuffie.
Referred to Committee on Special Judiciary.

By Mr. Tyson, of McintoshA bill to prescribe the qualifications of the
Officers of the city of DarieiJ. Referred to Committee on Special Judiciary.

Police

By Mr. Gamble, of JeffersonA bill to abolish the County Court of Jefferson county,
and tor other purposes. Referred to Committee on Special Judiciary.

By Mr. Mcinnis, of IrwinA bill to repeal an act to create a Board of Commis-
sioners of Roads and Revenue for the county of Irwin. Referred to Committee on Counties and County Matters.

By Mr. Mathews, of HoustonA resolution to provide for the improvement of the State
Library, and for other purposes. Referred to Committee on Public Library.

Also, a bill to amend the last sentence of article 7, section 1, paragraph I, of the Constitution of 1877.
Referred to Committee on Appropriations.

By Mr. Mciver, of LibertyA bill to prescribe the punishment for rape in certain
cases, and for other purposes. Referred to Committee on General Judiciary.

By Mr. Mobley, of HarrisA bill to appropriate two thousand dollars to the Trus-

70

JouRNAL OF THE HousE.

tees of the State University, to be appropriated by them to the branch college located at Hamilton, in the county of Harris.
Referred to Committee on Appropriations.
By Mr. Lewis, of HancockA bill to amend an act to create a Board of Roads and
Revenues in the county of Hancock, approved October 5, 1885.
Referred to Committee on Counties and County :Matters.
By Mr. Postell, of GlynnA bill to regulate the catching or tinging of oysters, and
to protect oysters on the coast of Georgia, and for other purposes.
Referred to Committee on Agriculture.
By Mr. Howell, of FultonA bill to incorporate the Sandy Springs Church and
Camp Grounds in Fulton county, for police purposes. Referred to Committee on Counties and County Matters.
Also, a bill prohibiting the 8ale of spirituous, malt or intoxicating liquors within a radius of three miles from Sandy Spring Church and Camp Ground in Fulton county.
Referred to Committee on Counties and County Matters.
By Mr. O'Neill, of FultonA bill to incorporate the Planters' Loan and Banking
Company. Referred to Committee on Banks.
Also, a bill to incorporate the Mercantile Banking and Trust Company.
Referred to Committee on Banks.
By Mr. Harris, of FloydA bill to amend an act to incorporate the Rome Street
Railroad Company, approved December 12, 1884, and the acts amendatory thereof.
Referred to Com~ittee on Railroads.

WEDNESDAY, JuLY 10, 1889.

71

By Mr. Turner, of FloydA bill to amend the charter of the Rome Railroad Com-
pany. Referred to Committee on Railroads.
By Mr. Snead, of FayetteA bill to amend an act creating a Board of Commis'!ion-
ers of Roads and Revenues in the county of Fayette. Referred to Committee on Counties and County Matters.
By Mr. Dugger, of FanninA bill to prohibit the sale of intoxicating liquors within
three miles of Mineral Bluff Academy, in Fannin county. Referred to Committee on Temperance.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county.
Referred to Committee on Temperance.
By Mr. DeLacy, of DodgeA resolution for the relief of Baldy Ryalls, former Tax
Collector of Dodge county, and his securities. Referred to Committee on Ways and Means.
By Mr. Tatum, of DadeA bill to amend an act to prohibit the working of
convicts of 'this State at night, and for other purposes. Referred to Committee on Penitentiary.
By Mr. Oliver, of EarlyA bill to grant a charter to organize a bank in Blakely,
Early county, Georgia, to be known as the Bank of Blakely.
Referred to Committee on Banks.
By Mr. Atkinson, of CowetaA bill to punish for, and prevent the formation of pools,
trusts, conspiracies and other agreements to regulate prices or limit the amount of products ; to protect the people against the same, and for other purposes.
Referred to C~Jmmittee on General Judiciary.
Also, a bill to amend the laws of this State in rdference

72

JouRNAL oF THE HousE.

to the inspection of illuminating oils, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Atkinson, of ColumbiaA bill to create a Board of Commissioners of Roads and
Revenues for the county of Columbia. Referred to Committee on counties and County Matters.
By Mr. Harper, of CarrollA bill to amend an act to create a Board of Commission-
ers of Roads and Revenues of the county of Carroll. Referred to Committee on Special Judiciary. Also, a bill to provide for four weeks' term of the Supe-
rior Court of the county of Carroll, at the October term thereof.
Referred to Committee on Special Judiciary. Also, a bill to prohibit the sale of spirituous, vinous, alcoholic or malt liquors within four miles of Temple Methodist Church in Carroll county. Referred to Committee on Temperance. By Mr. Chew, of BurkeA bill to establish a State Normal College, and to provide for the support thereof. Referred to Committee on Appropriations. By Mr. Felton, of BartowA bill to amend an act to provide for the regulation of railroad freight and passenger tariffs in this State, etc., approved October 14, 1879. Referred to Committee on General Judiciary. By Mr. Coggins, of BanksA bill to prevent the sale or manufacture of spirituous, vinous or malt liquors, within two miles of Grove Level Baptist Church, in Banks county. Referred to Committee on Temperance. By Mr. Foute, of BartowA resolution increasing the compensation of the Chaplains of the Senate and of the House. Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

THURSDAY, JuLY 11, 1889.

73

ATLANTA, GEORGIA,
Thursday, July 11, 1889.

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

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

Those present were Messrs.-

Albritton,

Gunter,

Mcintyre,

Alderman,

Hardeman,

Mciver,

Allred,

Hardage,

Means,

Alexander,

Hall,

Mitchell of Pike,

Arnold,

Halliday,

Mitchell of Spaulding,

Atkinson of Columbia, Ham,

Mobley,

Atkinson of Coweta, Hand,

Montgomery,

Bates,

Harper,

Morgan,

Bell,

Harrell of Decatur, Morris,

Berner,

Harrell of Webster, Murray,

Boone,

Harris,

Mustin,

Brady,

Hart,

Oliver,

Brewton,

Beery,

O'Neill,

Brown,

Herrington,

Park,

Bush,

Hill of Meriwether, Patterson,

Buxton,

Hill of Wilkes,

Peacock,

Callaway,

Hobbs,

Perry,

Calvin,

Holtzclaw,

Postell,

Candler,

Holden,

Rankin,

Carithers,

Hood,

Rawls,

earlton,

Howell,

Reid,

Champion,

Humphreys of Brooks, Reilly,

Chew,

Humphries of Screven, Speer,

Church,

Hue.)',

Simmons,

Clark,

Huff,

Sims of Lincoln,

Clement,

Hyers,

Sims of Wilkes.

Clifton,

Jenkins of Harris,

Singleton,

Coggins,

Jenkins of Johnson, Skelton,

Collier,

Johnston of Campbell, Smith of Decatur,

Crenshaw,

Johnson of Crawford, Smith of Gwinnett,

Crowder,

Johnson of DeKalb, Smith of Wilkinson,

Daniel,

Johnson of Floyd, Snead,

Davie,

Johnson of Jones,

Snelson,

Davis of :Surke,

J.ohnson of Clinch, Stokes,

Davis of Elbert,

Jones of Baker,

Tanner,

DeLacy,

Jones of Chattooga, Tarver,

74

JOURNAL OF'THE HOUSE.

Dennard, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble. Gholston, Gilbert, Glenn. Goodman, Gordon, Griffin,

Jones of Coweta, Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lolley, Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis,

Tatum, Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker; Ward, Warren, Whitaker, Williams of Appling, Williams of Telfair. Williams of Upson Wright, Mr. Speaker.

Thos(absent were Messrs.-

Arnheim, Atkinson of Butts, Campbell,

Hooks, Olive,

Smith of Calhoun, West.

Mr. Thurman, of the (;oromittee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Skelton, Johnson of DeKalb, Oliver, Griffin, Crenshaw, Perry, Knight, Rei11y, Smith of Wilkinson, Atkinson of Columbia, Mcinnis, Frazier, Champion, McIntyre, Gunter and Hobbs.

Upon motion of Mr. Tatum, House bill No. 166 was taken up out of its order for consideration.
The resolution was then read the third time.

As the bill contained an appropriation, the House resolved itself into a Committee of the Whole.

Mr. Bell, of Forsyth, was called to the chair.

Mr. Bell, chairman ofthe Committee ofthe Whole House, submitted the following report :

THURSDAY, JuLY 11, 1889.

75

l'Ir. Speaker :
The Committee of the Whole House have had under consideration House Bill No. 166, which they instruct me to report back to the. House, and report progress, and ask leave to set again.
The Speaker caused a letter from Dr. W. C. Boggs, Chancellor of the State University, to be read, designating to-day at 11 o'clock, as the hour for addressing the General Assembly.
Upon motion of Mr. Howell, the joint resolution from the Senate, providing for CQnvening a joint session of the General Assembly f~r the purpose of hearing an address to be delivered by Chancellor W. C. Boggs, of the State University, at 11 o'clock to-day, was taken up, and the same concurred in.
Mr. Mathews, of Houston, offered the following resolution, which was read and adopted, to-wit:
Resob:ed, That the Clerk shall prepare and have printed for the use of the House daily until further ordered, a calendar of the business of the House containing the following items, to-wit :
First. A list arranged according to numbers of all bills and resolutions favorably reported that are ready for the third reading. Said list shall give with the number of said bills and resolutions, also a statement of the subject matter of the same.
Second. The printed calendar shall also contain a list of all orders of the day and special orders that have been set and undisposed of.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker :
The Senate has passed the following joint resolution, and asks the concurrence of the House therein, to-wit :

76

JouRNAL OF THE HousE.

A resolution asking the Chancellor of the University of Georgia to address the General Assembly to-day, and convening it in joint session at 11 o'clock to-day for that purpose.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker :
The Committee on Railroads have had under consideration the following bills, to-wit :
A bill to be entitled an act to incorporate the Thomasville and Cordele Railway Company, 1"hich it reports back, with the recommendation that it do pass, as amended.
Also, an act entitled an act, to enable holders of railroad mortgages to waive the lien of said mortgages in certain cases, which it reports back, with the recommendation that it be referred to the Committee on General Judiciary.
Also, a bill to be entitledan act to incorporate the Bainbridge, Cuthbert and Western Railway Company, which it reports back, with the recommendation that it be read the second time and recommitted to this committee.
Also, a bill to be entitled an act to incorporate the Atlanta and Lithonia Railroad Company, which it reports back, with the above recommendation.
Respectfully submitted. Cr.ARK HoWELL, Chairman.
Mr. Brady, chairman of the Committee on Agriculture, submitted the following report:

J'Ir. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they instruct me, as their chairman, to report back to the House, with recommendation that they do pass, to-wit :
An act to be entitled an act to prohibit the sale of cotton in the seed, in the county of Jasper, between the 15th day

THURSDAY, JULY 11, 1889.

77

of .August and the 15th day of December, in quantities less than five hundred pounds, and provide punishment for the same .
.Also, a bill to prohibit the sale of seed cotton in the county of Washington from the l~t day of August to the 24th day of. December in each year, and to provide a penalty for the violation of the same.
Respectfully submitted. W. BRADY, Chairman.
Mr. Hill, chairman of the Committee on Counties and County Matters, submitted the following report:
l-
Mr. Speake:r :
The Committee on Counties and County Matters have had under consideration the following bills of the House, which they request me to report back, with the recommendation that they do pass, to-wit:
.A bill to be entitled an act to repeal an act, approved February 23, 1876, fixing the salaries of the County Treas-
urers of Sumter and Randolph counties at the sum of three hundred dollars per annum.
Also, a hill to be entitled an act to abolish the office of Commissioners of Roads and Revenues of Forsyth county; to confer all the powers and duties of said office upon the Or8inary, and for other purposes.
.Also, a bill to amend the Game Law of Houston county, and for other purposes.
.Also, a bill to be endtled an act to prevent the running at large in the 749th District, G. M., of Clay county, of all horses, mules, etc.; to provide penalties for its violation, and for other purposes.
.Also, a bill to be entitled an act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition in writing to the Commissioners of Roads and Revenues of said

78

.JouRNAL OF THE HousE.

county, of a majority of the persons subject to road duty in such district.

Respectfully submitted.

H. W. HILL, Chairman.

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

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
Bill No. 371 of the H-onse, to incorForate the Grand Lodge of order United Southern Israelites.
Also, bill No. 386, to incorporate the town of Statesboro, in Bullock county, Georgia.
Also, bill No. 405, an act to incorporate- the Cumming and Warsaw Railroad Company; to confer certain powers and privileges on said company, and for other purposes.
Also, bill No. 421, an act to alter and amend the charter of the town of Hartwell.
Also, bill No. 488, to amend au act to incorporate the town of Jefferson, and for other purposes.
Also, the following bills, which they recommend do not pass, to-wit:
Bill No. 292, to be entitled an act to amend an act to incorporate the town of Douglassville, and for other purposes.
Also, bill No. 310, to be entitled an act to incorporate Hitchcock Academy, and for other purposes.
Respectfully submittd. THos. G. LAWSON, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Speaker: The Committee on General Judiciary, have had under

THURSDAY, JULY 11, 1889.

79

consideration the following bill of the House, which they request me to report back, with the recommendation that it do pass, as amended, to-wit :
A bill to be entitled an act to amend section 1977 of the Code of 1882.
Also, the following bills, which they direct me to report back, with the recommend11tion that they do not pass, towit:
A bill to amend section 44 of an act, entitled an act to amend, revise and consolidate the common school laws of the State, and for other purposes, approved October 27, 1887.
Also, a bill to be entitled an act to pay the Superintendent'3 of election, and three Clerks for each election precinct, for superintending and clerking at all State and County elections in this State.
Also, the following bills, which on request of their authors, are reported back with the right to withdraw the same, to-wit :
A bill to be entitled an act to prohibit and suppress combinations, conspiracies, agreements or associations among and between corporations, companies or persons, which may have the effect, or be intended to have the effect, to default or lessen competition in their respective business, or to encourage monopoly.
Also, a bill to be entitled an act to allow the amendment of counter affidavits filed to stay proceedings in any cause in the courts of this State, and for other purposes.
Respectfully ~ubmitted. RoBERT L. BERNER, Chairman.
Mr. Berner, chairman of the Committee on General J udiciary, submitted the following report:

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

80

JouRNAL oF THE HousE.

' consideration the following House bill, which it directs

me to report back to the House, with the recommendation

it do pass, to-wit:

'

Bill No. 19, entitled an act to provide a system of county taxation of railroads, and for other purposes.

Also, bill No. 34, entitled an act to require assignees to give bond and security for the faithful discharge of their duties; providing how and by whom suit shall be brought on said bonds, and for other purposes, which the committee direct me to report back, with the recommendation that it do pass, by substitute.
Respectfully submitted. RoBT. L. BERNER, Chairman.

By request, the following bill was read the second time,

to-wit:



A bill to incorporate the Bainbridge, Cuthbert and Western Railway Company, and for other purposes.

By request, House Bills Nos. 381 and 398 were recommitted to Committee on Appropriations.

Also, House Bill No. 275 was recommitted to Committee on Ways and Means.

Also, House Bill No. 333 was recommitted to Committee on Special Judiciary.

The hour of convening the joint session having arrived, the Senate appeared upon the floor of the House of Representatives. The joint session was called to order by the President of the Senate. The President caused the resolution convening the joiut session to be read.
President F. G. duBignon then introduced Dr. W. C. Bogg~, Chancellor of the State University, to the General Assembly, who delivered an eloquent address upon the subject of education.

At the conclusion of which Mr. Patterson, of Bibb, offered the following resolution, which was read and adopted, to-wit:

\ FRIDAY,

JuLY

12,

1889.

81

'Resolved, That the thanks of the General Assembly b; returned to the distinguished Chancellor of the State University, Dr. W. C. Boggs, for his masterly and brilliant address this day delivered before it.
Upon motion of Mr. Ballard, of the 34th District, the joint session was dissolved.
The Senate retiring, the House was called to order by the Speaker pro tem.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.


ATLANTA, GEORGIA,
Friday, July 12, 1889.

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

The roll was ~ailed and the following members auswe1ed to their names:

Those present were Messrs.-

Albritton,

Griffin,

Alderman,

Gunter,

Allred,

Hardeman,

Alexander,

Hardage,

Arnold,

Hall,

Atkinson of Columbia, Halliday,

Atkinson of Coweta, Ham,

Bates,

Hand,

Bell,

Harper,

Berner,

Harrell of Decatur,

Boone,

Harrell of Webster,

Brady,

Harris,

Brewton,

Hart,

Brown,

Herrington,

Bush,

Hill of Meriwether,

Buxton,

Hill of Wilkes,

6

Mciver. Means, :Mitchell of Pike, Mitchell of Spalding, Mobley, Montgomery, Morgan, Morris, Murray, Mustin, O'Neill, Park, . Patterson, Peacock, Postell, Rankin,

82

JOURNAL OF THE HousE.

Callaway,

Hobbs,

Rawls,

Calvin,

Holtzclaw,

Reid,

Campbell,

Holden,

Reilly,

Candler,

Hood,

Speer,

Carithers,

Howell,

Simmons,

Carlton,

Humphreys of Brooks, Sims of Lincoln,

Champion,

Humphries of Screven, Singleton,

Chew,

Huey,

Skelton,

Church,

Huff,

Smith of Decatur,

Clark,

Hyers,

Smith of Gwinnett,

Clement,

Jenkins of Harris,

Smith of Wilkinson,

Clifton,

Johnston of Campbell, Snead,

Collier,

Johnson of Crawford, Snelson,

Crenshaw,
Crowder, Daniel,

Johnson of Floyd, Johnson of Jones, ,Johwon of Clineh,

Stokes, Tanner, Tarver,

Davie,

Jones of Chattooga, Tatum,

Davis of Burke,

Jones of Coweta,

Taylor,

Davis of Elbert,

Kimble,

Thurman,

DeLacy,

Kendrick,

Tigner,

Dennard,

King,

Turner.

Dodgen,

Kitchens,

Tyson,

Duggan,

Knight,

Twitty,

Dugger,

Lamar,

Tuck,

Fain,

Lang,

"Vandever,

Felton,

Latham,

Yeazey,

Fleming,

Lawson.

Venable,

Flynt,

Lewis,

Walker,

Foute.

Lofley,

Ward,

Francis,

Mathews,

Warren,

Fricks,

Maxwell,

Whitaker,

Gallawa!,

McArthur,

Williams of Applin?:,

Gamble,

McDonald,

Willian.s ot 'l'elfair,

Gilbert,

McDaniel,

Williams of Upson,

Glenn,

McCalla,

Wright,

Goodman,

McCook,

Mr Speaker.

Gordon.

Mcinnis.

Those absent were Me~srs.-

Arnheim,

Hooks,

Oliver,

Atkinson of Butts, Jenkins of Johnson. Perry,

Coggins,

Johnson of DeKalb, Sims of Wilkes,

Frazer,

Jones of Baker,

Smith of Calhoun,

Gholston,

Mcintyre,

West.

Heery,

Olive,

Mr. Atkinson, of the Committee on Journals, reported

that the Journal had been examined and approved.

The Journal was then read and confirmed.

FRIDAY, JuLY 12, 1889.

83

Leave of absence was granted to the following members, to-wit: Messrs. Clifton, Tatum, Berner, Reid, Atkinson of Coweta, Jones of Baker, McCook, Kimble, Hooks, Den-. nard, Coggins, Mciver, Johnson of Jones, Gamble, Francis, Goodwin, Dodgen, Stokes, Maxwell, Fricks, Huey, Brady, Allred, Brown, Morgan, McDaniel, Hand, Bell and Mobley.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:

The Senate has passed the following bill by the required constitutional majority, to-wit:
A bill to amend an act for th~ protection of game in Richmond county, approved December 27, 1886, by a vote of yeas 33, nays 0.

Mr. Dodgen offered the following resolution, to-wit :

Resolved, That this House adjourns to-day at 12 m., to meet again Monday at 9 o'clock, a. m.

Mr. Gordon moved to table the resolution. Upon this motion, the yeas and nays were Qalled for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman, Allred,
~lexander,
Arnold, Bates, Brewton, Buxton, Candler, Carlton, Chew, Clements, Crowder, Daniel,

Foute,

McArthur,

Gilbert.

McDonald,

Gordon,

Mciver,

Halliday,

Mitchell of Pike,

Ham,

Murray.

Harper,

Postell,

Harrell of Decatur, Reid,

Harrell of Webster, Simmons,

Hart,

Smith of Decatur,

Hill of Meriwether, Smith of Gwinnett,

Johnston of Campbell, Snead,

Johnson of Clinch, Snelson,

Jones of Coweta,

Taylor,

84

JOURNAL OF THE HousE.

Davis of Burke, DeLacy, Duggan, "Dugger, Felton, Fleming, Flynt,

Kendrick, Lamar, Lawson, Lewis, Lolley, Mathews,

Thurman, Tyson, Veazey, Walker, Ward, Warren.

Those voting in the negative were Messrs.-

Albritton,

Harris.

Montgomery,

Atkinson of Columbia, Herrington,

Morgan,

Boone,

Hill of Wilkes,

Morris,

Brady,

Hobbs,

Mustin,

Brown,

Holtzclaw,

O'Neill,

Bush,

Holden,

Park,

Callaway,

Hood,

Patterson,

Carithers,

Humphries of Screven, Peacock,

Champion,

Huey,

Rawls,

Chureh,

Huff,

Speer,

Clark,

Hyers,

Sims of Lincoln,

Collier,

Jenkins uf Harris.

Singleton,

Davie,

.Johnson of Crawford, Tarver,

Davis of Elbert,

Johnson of Floyd,

Turner,

Dennard,

Johnson of Jones,

Twitty,

Dodgen,

King,

Tuck,

Fain,

Kitchens,

Vandever,

Francis,

Lang,

Venable,

Fricks,

Latha~,

Whitaker,

Gallaway,

McDaniel,

Williams of Appling,

Glenn,

lie Calla,

Williams of Telfair.

Hardeman,

Means,

Williams of Upson,

Hardage,

)Iitchell of Spalding, Wright.

Hand,

Mobley,

Those not voting were Messrs.~

Arnheim, Atkinson of Butts, Atkinson of Coweta, Bell, Berner, Calvin, Campbell, Clifton, Coggins, Crenshaw, Frazer, Gamble, Gholston,

Halt,

Olive,

Heery,

Oliver,

Hooks,

Perry,

Howell,

Rankin,

Humphreys of Brooks, Reilly,

Jenkins of Johnson, Sims of Wilkes,

Johnson of DeKalb, Skelton,

Jones of Baker,

Smith of Calhoun,

Jones of Chattooga, Smith of Wilkinson.

Kimble,

Stokes,

Knight,

Tanner,

Maxwell,

Tatum,

McCook,

Tigner,



FRIDAY, JuLY 12, 1889.

85

Goodman, Griffin, Gunter,

Mcinnis, Mcintyre,

West, Mr. Speaker.

Yeas 58. Nays 71. Not voting 46.

So the motion to table was lost.

Mr. Candler called the previous question, 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 calling the roll of the House the vote was as folfollows:
Those voting in the affirmative were Messrs.-

Atkinson of Columbia, Hill of Wilkes,

Park,

Bell,

Hobbs,

Patterson,

Brady,

Holtzclaw,

Peacock,

Brown,

Holden,

Postell,

Bush,

Hood,

Rawls,

Callaway,

Howell,

Speer,

Carithers,

Humphries of Screven, Sims of Dincoln,

Church,

Huff.

Singleton,

Davie,

Johnson of Crawford, Tarver,

Davis of Elbert,

Johnson of Jones,

Turner,

Dennard,

King,

Twitty,

Dodgen,

Kitchens,

Tuck,

Fain,

Latham,

Vandever,

Francis,

:McArthur,

Venable,

Fricks,

McCalla,

Whitaker,

Gallaway,

Mitchell of Spalding, Williams of Appling,

Glenn,

Mobley,

Williams of Telfair,

Hardeman.

Morris,

Williams of Upson,

Hand,

O'Neill,

Wright.

Herrington,

Those voting in the negative were Messrs.-

Allred, Alexander, Arnold. Bates, Brewton, Buxton, Candler, Carlton, Chew,

Gordon, Hardage, Halliday, Ham, Harper, Harrell of Decatur, Harrell of Webster, Harris, Hart,

McDaniel, Mciver, Means, Mitchell of Pike, Montgomery, Morgan, Murray, Mustin, Rankin,

'

86

JOY.RNAL OF THE HousE.

Clement, Collier, Crowder, Daniel, Davis of Burke, DeLacy, Duggan, Dugger, Felton, Fleming, Flynt, Foute, Gamble, Gilbert,

Hill of Meriwether, Simmons,

Humphreys of Brooks, Smith of Decatur,

.Johnston ofCampbell, Smith of Gwinnett,

Johnson of Floyd,

Snead,

John"on of Clin<'h, Snelson,

.Jones of Coweta,

Stokes.

Kendrick,

Taylor,

Lamar,

Thurman,

Lang,

Tyson,

Lawson,

Veazey,

Lewis.

Walker,

Lofiey,

Ward,

Mathews,

Warren.

McDonald,

Those not voting were Messrs.-

Albrit:on, Alderman, Arnheim, Atkinson of Butts, Atkinson of Coweta, Berner, Boone, Calvin, Campbell, Champion, Clark, Clifton, Coggins, Crenshaw, Frazer, Gholston, Goodman.

Griffin, Gunter, Hall, Heery, Hooks, Huey, Hyers, Jenkins of Harris, Jenkins of Johnson, Johnson of DeKalb, .Jones of Baker, Jones of Chattooga, -Kimble, Knight. Maxwell, McCook,

Mcinnis, Mcintyre, Olive, Oliver, Perry, Reid, Reilly, Sim~ of Wilkes, Skelton, Smith of Calhoun, Smith of Wilkinson, Tanner, Tatum, Tigner, West, Mr. Speaker.

Yeas 58. Nays 68. Not voting 49.

So the resolution was lost.

By request. 200 copies of House Bill No. 198, were ordered printed for use of the House.
Under the head of unfinished business, House Bill No.
166, was taken up; as the same provided for an appropria~ tion, the House resolved itself into a Committee of the Whole.

Mr. Bell, of Forsyth, was called to the Chair.

FRIDAY, JULY 12, 1.889.

87

Mr. Bell, chairman oft he Committee of the Whole House, submitted the following report :

Mr. Speaker:
The Committee of the Whole House, have had under consideration House Bill No. 166, and instruct me to report progress, and ask leave to sit again.
Upon motion of Mr. Glenn, House Bill No. 166, was made the special order for Tuesday next, 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 reports as duly enrolled ready for the signatures of the Speaker of the House and President of the Senate, the following act, to-wit :

An act to amend an act entitled an act for the protection

of game in Richmond county, approved December 27, 1886,

by making the close time for doves from the first day of

April to the 15th day of July in each year.

Respectfully submitted.

-

IvY W. DuGGAN, Chairman.

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

Mr. Speaket:
The Committee on Counties and County Matters have had uncler consideration the following bills of the House, which they request me to report back, with the recommendation that they do pass, to-wit :
A bill to be entitled an act to prevent the killing or destroying of game in the county of Colquitt.
Also, a bill to be entitled an act to amend an act to create

88

JouRNAL OF THE HousE.

a Board of Commissioners of Roads and Revenues in the county ot Colquitt.
Also, a bill to be entitled an act to amend an act establishing a new charter for the town of Camilla.
Also, a bill to be entitled an act to amend an act to create a Board of Commissioners of Roads and Revenues for Clinch county.
Respectfully submitted. H. W. HJLJ,, Chairman.
Mr. Glenn, chairman pro tem. of the Committee on General Judiciary, 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, with the recommendation that it do pass,to-wit :
A bill to be entitled an act to carry into effect article 6, section 4, paragraph 2, of the Constitution of 1877, and to provide a uniform procedure of all actionable rights, and to provide for the amendment of such proceedings and to regulate the practice therein, and for other purposes.
Also, a bill to have two hundred copies of said bill printed for the use of the House.
Also, a bill to provide a system of taxation of railroad property in each of the counties of this State through which said railroads run, and to provide a mode of assessing and collecting the same, and for other purposes.
Respectfully submitted.
W. C. GLENN, Chairman pro tem.
Mr. Gordon, chairman of the Committee on Appropriations, submitted the following report :

Mr. Speaker:
The Committee on Appropriations have had under consideration the following bill, which they have instructed me

FRIDAY, JuLY 12, 1889.

89

to report back to the House, with recommendation that it -do pass, to-wit :

A bill to be entitled an act to provide for the completion

-of a Roster of Georgia troops in the Confederate army ; to

.appropriate a sum of money sufficient for that objec~, and

for other pUIposes.



They have also had under consideration the following bill, which they have instructed me to report back to the House, with recommendation that it do pass, as amended, to-wit:

A bill to be entitled au act to appropriate the sum of .$3,000 to the Executors of General Robert Toombs, as .compensation for services rendered by Gen. Toombs in the .case of Tilly vs. Savannah, Florida and Western Railroad, James M. Smith et al., Railroad Commisi'ioners, and R. N. Ely, Attorney-General, Georgia.

The Committee have also had under consideration the
:following resolutions, which they have instructed me .to
report back to the House, with recommendation that they
-do not pass, to-wit :

A resolution providing for the payment of specified per .diem to Hon. Ben. C. Duggar, as therein set forth.

Also, a resolution to appropriate one hundred dollars for the relief of Mrs. Mary A. Chastain.

The Committee have also had under consideration the following hill, which they have instructed me to report back to the House, with recommendation that it be referred to the Committee on General Judiciary, to-wit :

A bill to be entitled an act to amend the last sentence of article 7, section 1, paragraph I, of the Constitution of 1887.
Respectfully submitted. WM. W. GoRDON, Chairman.

Mr. Harrell, chairman of the Committee on Ways and Means, submitted the following report :

90

JouRNAL OF THE HousE.

Mr. Speaker:
The Committee on \Vays and Means have had under consideration the following bills of the House, which they request me to report back, with the recommendation that they do not pass, to-wit:
A bill to increase the salary of the Governor, and for other purposes.
Also, a bill to be entitled an act to repeal section 856 of the Code of 1882.
Respectfully submitted. D. B. HARRELL, Chairman.
Upon motion, the regular order of business was dispensed with, and members having bills and resolutions for introduction we.re allowed to send them to the Clerk's desk, when the following bills and resolutions were introduced, read the first time and appropriately referred, to-wit:
By Mr. Hart, of GreeneA resolution to pay to Rev. N. Smith, money for services
rendered as Chaplain to the convict camp in Oglethorpe county.
Referred to Committee on Appropriations.
By Mr. Mustin, of MorganA bill to amend section 19 of an act entitled an act
to amend, revise and consolidate the common school laws of the State of Georgia, approved October 27, 11-!87.
Refened to Committee on Education.
By Mr. Gordon, of ChathamA bill to amend article ;3, section "7, paragraph 7, of the
Constitution of the State, by adding thereto the following words: "But the first reading of each bill in each House shall consist of the reading of the title only unless said bill is ordered to be engrossed."
Referred to Committee on General Judiciary. By Mr. Hobbs, of McDuffie-
A bill to amend section 936 of the Code of 1:882. Referred to Committee on General Judiciary.

FRIDAY, JuLY 12, 1889.

91

By Mr. Hood, of JacksonA bill to amend section 3910 (a) of the Code of 1882. Referred to Committee on General Judiciary.
By Mr. King, of WayneA bill to renew and extend the charter of the Turtle
River and Buffalo Swamp Canal Company, and for other purposes.
Referred to Committee on Corporations.
By Mr. McArthur, of MontgomeryA biil to establish a Branch College of Agriculture and
the Mechanic Arts and Sciences at Spring Hill, in Montgomery county ; to appropriate money for the support thereof, etc.
Referred to Committee on Appropriations.
By Mr. Herrington; of EmanuelA resolution that all matters and resolutions relating to
public printing, he referred at once to the Committee on Public Printing, which was read and adopted.
By Mr. Kimble, of ClayA bill to incorporate the bank of Fort Gaines. Referred to Committee on Banks.
Also, a bill relating to compensation of Commissione~s of Clay county.
Referred to Committee on Counties and County Matters.
By Mr. Bell, of ForsythA bill to authorize administrators, executors, guardians
or trustees to sell lands belonging to the estates of their decedents, wards or ceBtui qu(trust at private sale, when such lands contain deposits of gold, silver or other valuable metal, rock, marble or ores.
Referred to Committee on General Judiciary.
By Mr. Howell, of Fulton (by request)A bill to compensate CharlPs P. McCalla for services
rendered the State. Referred to Co~mitt.ee on Appropriations.

S2

JouRNAL oF THE HousE.

Also, a bill to amend an act to incorporate the Gate City Gas Light Company, approved February 4, 1875.
Referred to Committee on Corporations.
By Mr. Smith, of GwinnettA hill to amend section 3696 of the Code of 1882, in
relation to fees of Sheriffs. Referred to Committee on General Judiciary.
By Mr. Howell, of FultonA bill to incorporate the Hawkinsville and Florida
Southern Railroad Company, and for other purposes. Referred to Committee on Railroads.
By Mr. Hall, of LumpkinA bill to amend the charter of the town of Dahlonega. Referred to Committee on Corporations.
By Mr. Postell, of GlynnA bill to appropriate all money accr1:1ing from the special
tax on dealers in spirituous or malt liquors, intoxicating bitters, or brandy, fruit or domestic wine, whether dealing in either or all thereof, to the public school funds of the county in which the same is sold, and said taxes col!ected.
Referred to Committee on General Judiciary.
House Bill No. 19 was taken up for a third reading, and, upon motion of Mr. Glenn, the bill was tabled.
House Bill No. 130 was also taken up, and, upon motion, the same was tabled.
The following bill was read the third time, the report of the committee was agreed to, as amended, and, upon motion, the bill was tabled, to-wit:
A bill to incorporate the Calhoun and Fairmount Rail-
road Company.
Upon motion, House Bill No. 468 was recommitted to the Committee on Railroads.
House Bill No. 149 was taken up, anfl, upon motion, the same was tabled.



FRIDAY, JULY 12, 1889.

93

Mr. Gordon, of Chatham, offered the following rP.solutiou, which was read and referred to Committee on Rules, to-wit:

A resolution, designating the order of business for Saturdays.

By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on Railroads, to-wit:

A bill to require railroads in this State to deliver all freight transported over said roads on through bills of lading, etc.
Referred to Committee on Railroads.

House Resolution No. 28 was taken up for consideration, and, upon motion, the same was tabled.

Mr. Dodgen moved that when the House adjourns it adjourned until Monday morning at 9 o'clock.

Upon this motion the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Albritton,

Hardeman,

O'Neill,

Atkinson of Columbia, Hand,

Patterson,

Bell,

Holtzclaw,

Peacock,

Brady,

Holden,

Rawls,

Bush,

Hood,

Sims of Lincoln,

Carithers,

Humphries of Screven, Speer,

Davie,

Johnson of Crawford, Singleton,

Davis of Elbert,

Johnson of Floyd, Tarver,

Dennard,

Kitchens,

Twitty,

Dodgen,

Latham,

Tuck.

Fain,

McCalla,

Vandever,

Francis,

Mitchell of Spalding, Williams of Upson.

Gallaway,

Those voting in the negative were Messrs.-

Allred, Arnold, Bates,

Gilbert, Gordon, Hall,

McDaniel, }feans, Mitchell of Pike,

94

JOURNAL OF THE HOUSE.

Brewton, Buxton, Candler, Carlton, Champion, Chew, Clark, Clements, Collier, Crowder, Davis of Burke, DeLacy,. Duggan, Dugger, Fleming, Flynt, Foute, Fricks, Gamble,

Halliday,

Montgomery,

Ham,

Morgan,

Harper,

Morris,

Harrell of Decatur, Murray,

Harris,

Mustin,

Harrell of Webster, Postell,

Herrington,

Rankin,

Hill of Meriwether, Reid,

Johnston of Campbell, Simmons,

Johnson of Clinch, Smith of Decatur,

Jones of Chattooga, Smith of Gwinnett,

Jones of Coweta,

Snead,

King,

Thurman,

Lamar,

Tyson,

Lawson,

Veazey,

Lewis,

Walker,

Lofley,

Ward,

Mathews,

Williams of Telfair.

McDonald,

Those not voting were Messrs.-

Alderman, Alexander, Arnheim, Atkinson of Butts, Atkinson of Coweta, Berner, Boone, Brown, Callaway, Calvin, Campbell Church, Clifton, Coggins, Crenshaw, Daniei, Felton, Frazer, Gholston, Glenn, Goodman, Griffin. Gunter, Hardage, Hart,

Heery,

:Mobley,

Hill of Wilkes.

Olive,

Hobbs,

Oliver,

Hooks.

Park,

Howell,

Perry,

Humphreys of Brooks, Reilly,

Huey.

Sims of Wilkes,

Huff,

Skelton,

Hyers,

Smith of Calhoun,

Jenkins of Harris, Smith of Wilkinson,

.Jenkins of Johnson, Snelson,

Johnson of DeKalb, Stokes,

Johnson of Jones,

Tanner,

,Jonee of Baker,

Tatum,

Kimble,

Taylor,

Kendrick,

Tigner,

Knight.

Turner,

Lang,

Venable,

Ma:>.well,

Warren,

McArthur,

West,

McCook,

Whitaker,

Mclnms,

Williams of Appling.

Mcintyre,

Wright,

Mciver,

Mr. Speaker.

Yeas 37. Nays 6.'). Not voting 73.

FRIDAY, JULY 12, 1889.

95

So the motion to adjourn until Monday morning was lost.
Mr. Calvin, chairman pro tem. of the Committee on Rules, submitted the following report :

.Mr. Spealrer:

The Committee on Rules have had under consideration a

resolution providing that the order of business for each

Saturday's session shall be the reading of bills reported

favorable the second time.

Respectfully submitted.

.

MARTIN V. CALVIN, Chairman pro tern.

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

M1. Spealre: :

The Committee on Enrollment, reports as duly enrolled, ~igned by the Speaker of the House and President of the Senate, and delivered to the Governor, the following act, to-wit :

An act to amend an act entitled an act, for the protection -of Game in Richmond county, approved December 27, 1886, by making the close time for doves from the 1st day -of April to the 15th day of July in each year.
Respectfully submitted. IvY W. DuGGAN, Chairman.

Upon motion of Mr. Harrell, of Webster, the report of the Committee on Rules, regulating the order of business, was taken up, and the same agreed to, to-wit:
Resolved, That the sessions of this House on Saturday of ~ach week, after the regular order of business has been -completed up to and including the reports of standing committees, shall be devoted to the second reading of bills favorably reported by the committees to which they have been referred.

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

96

JouRNAL oF THE HousE.

By Mr. Howell, of FultonA bill to provide a method for the choice of trustees or
the State University; to confer authority up~n the same~ and for other purposes.
Referred to Committee on Education.
By Mr. Holtzclaw, of HoustonA bill to amend section 225 (a) of the Code of Georgia_ Referred to Committeeon General Judiciary.
By Mr. O'Neill, of FultonA bill to amend an act incorporating the Kingston~
Walesca and Gainesville Railroad Company. Referred to Committee on Railroads.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

AT.LANTA, GEORGIA,
Saturday, July 13, 1889.
The House met pursuant to adjournment; called to orde~ by the Speaker pro tem., and opened with prayer by Rev_ Mr. McDonald.
By unanimous consent, the call of the roll was dispensed. with.
Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
Leave of absence was granted to the following members~ to-wit: Messrs. Hyers, Holden, Johnston of Campbell~ Tuck, Kendrick, Veazey, Gallaway, Wright, Williams of Upson, Speer and Arnold.
Upon motion, House Bills Nos. 358 and 338, were recommitted to the Committee on Specil'l Judiciary.
Upon motion, House Bill No. 160, was recommitted t~ the Committee on Appropriations.

/

SATURDAY, JULY 13, 1889.

97

By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Ways and Means, to-wit :
By Mr. Gilbert, of MuscogeeA resolution for the relief of Chas. R. Russell, of Mus-
cogee county.
Mr. Foute, 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 direct me to report back to the Honse, with the recommendation that they do pass, to-wit :
A bill to prohibit the making or selling of intoxicat~ng liquors within three miles of Nails Creek Baptist ;'burch, in Banks county.
Also, a bill to prohibit the sale of intoxicating liquors within three mile~; Qf the church known as Liberty Chapel, Rutland District, in Bibb county.
Also, a bill to prohibit the manufacture and sale of distilled malt or vinous liquors within three miles of the .Baptist Church in the town of Homer, in Banks county.
Also, a bill to amend a9 act, approved December 24, 1888, entitled an act to regulate the sale of spirituous liquors in the counties of Montgomery and Telfair,, and to prescribe a penalty for the violation of the same.
Also, a bill to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous or other intoxicating liquors or bitters or beer in any quantity within five miles of any church in Dodge county, and to provide for the punishment of the same.
Respectfully submitted. A. M. FouTE, Chairman.
7

98

.JouRNAL OF THE HousE.

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

]lfr. Speaker :
The Committee on Corporations have had under consideration the following bills, to-wit :
Bill No. 345, to be entitled an act to amend an act to incorporate the Waco and Bowden Railroad Company, and for other purposes.
Also, bill No. 355, entitled an act to incorporate the town of West End, and for other purposes.
Also, bill ~o. 443, to be entitled an act to change the name of the Manufacturers' Mutual Aid Society to Manufacturers' Mutual Fire Insurance Company, and to amend the charter of said company, which they recommend do pass.
Also, bill No. 313, an act to incorporate the town of Coney, in the county of Dooly, and for other purposes.
Also, bill No. 564, to amend the charter of the town of Dahlonega, which they recommend do pass, with amendment>; herewith submitted.
Also, Senate Bill No. 90, to incorporate the Griffin Street Railroad Company, and for other purposes, which they recommend do pass.
Also, Senate Bill No. 8, to amend the charter of Monroe, in Walton eounty, and for other purposes, which they recommend do pass, with amendment adopted in the Senate.
Respectfully submitted. THOS. G. LAwsoN, Chairman.
The following bills and resolutions were read the second time, to-wit :
A bill to require assignees to give bond and security for the faithful discharge of their duties; providing how and by whom sent, shall be brought on said bonds, etc.
Also, a resolution to authorize the payment of the un-

SATURDAY, JULY 13, 1889.

99

drawn balance of the State School Commissioner's salary for the fourth quarter of 1887.
Also, a bill to amend section 1977 of the Code of 1882.
Also, a bill to appropriate six thousand and forty-seven
. dollars and seventy-five cents, to pay balance due for pub-
lic printing on account of the fiscal y.ear, 1888.
Also, a bill to provide for the completion of a Rm~ter of Georgia Troops in the Confederate Army, etc.
Also, a bill to incorporate the Brunswick Savings' and Trust Company.
Also, a bill to allow Geor!!e W. Cannon, a crippled citizen of Fulton county, to peddle without license.
Also, a bill to incorporate the Georgia Loan and Banking Company.
Also, a bill to amend the act approved October 24, 1887, so as to provide for the licensing of assistant engineers, etc.
Also, a bill to relieve Captain J. M. Barnes, of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Thomson, January 19, 1887.
Also, a bill to incorporate the Grand Lodge of Order United Southern Israelites.
Also, a bill to amend section 4 of an act to incorporate the Oglethorpe Savings' and Trust Company.
Also, a bill to incorporate the Chatham Dime Savings' Bank.
Also, a bill to amend an act to constitute a Board of Commissioners for the county of Meriwether.
Also, a bill to provide for a new charter of the town of Statesboro, in Bulloch county.
Also, a bill to prevent the running at large 'in the 749th Di<>trict, G. M., of Clay county, of all horses, mules, etc.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Clinch.

100

JouRNAL OF THE HousE.

Also, a bill to provide for a commutation tax in lieu of road work in DeKalb county.

Also, a bill to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of DeKalb county.

Also, a bill to abolish the office of Commissioner of

Roads and Revenue of Forsyth county, and for other pur-

poses.



Also, a bill to incorporate the (;umming and Warsaw Railroad Company.

Also, a bill to incorporate the Fort Payne and Eastern
Railroad Company.
I
Also, a bill to incorporate the Piedmont Loan and Bank-
ing Company at Gainesville, Ga.

Also, a bill to incorporate the American Loan and Banking Company.

Also, a bill to alter and amend the charter of the town of Hartwell.

Also, a bill to amend the game law of Houston county.

Also, a bill to amend an act establishing a new charter for the town of Camilla.

Also, a bill to incorporate the Thomasville and Cordele Railway Company.

Also, a bill to amend the charter of the town of Cairo,

in Thomas county.



Also, a bill to repeal an act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties, et~.

Also, a bill to prohibit the sale of seed cotton in the county of Jasper from the 15th day of August to the 15th day of December.

Also, a bill to prohibit the making or selling of intoxicating liquors, within three miles of Nail's Creek Baptist Church; in Banks county.

SATURDAY, JULY 13, 1~89.

101

.Also, a bill to prohibit the sale of intoxicating liquors within three miles of the church known as Liberty Chapel, in Bibb county.
.Also, a bill to prohibit the manufacture and s.ale of distilled, malt or vinous liquors, within three miles of the Babtist Church in the town of Homer, Banks county.
.Also, a bill to amend an act, a_iJproved December 24, 1888, to regulate the sale of spirituous liquors in the counties of Montgomery and Telfair, etc.
.Also, a bill to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous or other intoxicating liquors, within five miles of any chilrch in Dodge county.
Also, a bill to amenrl an. act to incorporate the town of Jefferson, in the county of Jackson, etc.
.Also, a bill to prevent the killing and destroying of game in the county of Colquitt.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt.
.Also, a bill to incorporate the Citizens' Bank of Eastman.
Also, a bill to prohibit the sale of seed cotton in the county of Washington from the 1st day of August until the 24th day of December in each year.
.Also, a bill to incorporate the Atlanta and Lithonia Railroad Company.
Also, a bill to amend an act to incorporate the Waco and Bowden Railroad Company.
.Also, a bill to amend an act incorporating the town of West End, and acts amendatory thereof.
.Also, a bill to change the name of the Manufacturers' Mutual .Aid Society to Manufacturers' Mutual Fire Insurance Company:
.Also, a bill to incorporate the town of Coney, in the county of Dooly.

102

JouRNAL OF THE HousE.

AlsQ, a bill to amend the charter of the town of Dahlonega.
By unanimous consent, the following bill was introduced; read the first time, and referred to the Committee on Banks.
By Mr. Humphries, of BrooksA bill to amend an act incorporating the Bank of Quit-
man.
Upon motion of Mr. Gordon, all members having bills or resolutions for introduction were allowed to send them to the Clerk's desk, when the following bills were introduced, read the first time, and appropriately referred, towit:
By Mr. Clifton, of ChathamA bill to amend an act to incorporate the town of War-
saw, approved March .'), 1856, aud to extend the corporate limits of said line, etc.
Referred to Committee on Corporation~.
Also, a bill to define and make lawful for Notaries Public, who are ex-officio Justices of the Peace for the county of Chatham, in this State, to hold their respective courts in separate places from the place of holding elected Justices Court.
Referred to Committee on Special Judiciary.
By Mr. Smith, of GwinnettA bill to reqtiire costs in divorce cases to be paid m
advance. Referred to Committee on General Judiciary.
By Mr. Hardeman, of BibbA bill to authorize the drawing of jurors from counties
other than that wherein is pending a felony case when an impartial j:ury cannot be obtained in said county, and for
other purposes. Referred to Committee on General Judiciary.
By Mr. Howell, of FultonA bill to amend an act to incorporate the Atlanta Gas

MoNDAY, JuLY 15, 1889.

103

Light Company, approved February 16, 1856, and for other purposes.
Referred to Committee on Special ,Judiciary.
Upon motion, the House adjourned until Monday morning at 9 o'clock.

. ATLANTA, GEORGIA, Monday, July-15, 1889.

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

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

Tbose present were Messrs.-

Albritton, Alderman, Allred, Alexander, Arnold, Atkinson of Coweta. Bates, Bell. Berner, Boone, Brady, Brewton, Brown. Bush, Buxton. Callaway, Calvin, Candler, Carithers, Chew: Chureh, Clark, Clements, Clifton, Coggins,

Hall,

Mobley,

Halliday,

Montgomery,

Ham,

Morgan,

Hand,

Morris,

Harper,

)lurray,

Harrell of Decatur, Mustin,

Harrell of Webster, Olive,

Harris,

Oliver,

Hart.

O'Neil,

Herrington,

Park,

Hill of Meriwether, Patterson,

Hill of Wilkes,

Peacock,

Hobbs,

Perry,

Holtzclaw,

Postell,

Holden,

Rankin,

Hood.

Rawls,

Hooks,

Reilly,

Howell,

Speer,

Humphreys of Brooks, Simmons,

Humphries of Screven, Sims of Lincoln,

Huey,

Sims of Wilkes,

Huff,

Singleton,

Hyers,

Skelton,

Jenkins of Harris,

Smith of Calhoun,

Jenkins of ,Johnson, Smith of Decatur,

104

JouRNAL oF THE HotJSE.

Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, DeLacy, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis. Frar.er, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman. Gordon, Griffin, Gunter, Hardeman. Hardage,

Johnston of Campbell, Smith of Gwinnett,

.Johnson of Crawford, Smith of Wilkinson,

Johnson of DeKalb, Snead,

Johnson of Floyd,

Snelson .

.Johnson of Jones,

Stokes,

.Johnson of Clinch, Tanner,

,Jones of Chattooga, Tarver,

.Jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendrick,

Thurman,

King,

Tigner,

Kitchens1 Knight,

Turner, Tyson.

Lamar,

Twitty,

Lang.

Tuck,

Lawson.

Vandever,

T.Jewis,

Veazey,

Lofley.

Venable,

}lathews,

Walker,

McArthur,

Ward,

McDonald,

Warren,

McDaniel,

West,

McCalla,

Whitaker,

Mcintyre,

Williams of Appling.

Mciver,

Williams of Telfair,

Means,

Williams of Upson,

.Mitchell of Pike,

Wright,

Mitchell of Spaldin2. Mr. Speaker.

Those absent were Messrs.-

Arnheim,

Champion,

Atkinson of Butts,

Davis ot Elbert,

Atkinson of Columbia, Dennard,

Campbell,

Heery,

Carlton,

.Jones of Baker,

Latham, Maxwell, McCook, Mcinnis, Reid.

Mr. Thurman, chairman of the Committee on Journals, reported that the Journal of ye~terday's proceedings had been examined and approved.
The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Murray, Oliver, Boone, Williams, of Upson, Holden and Veazey.

By request, House Blll No. 405 was recommitted to Committee on Railroads.

MoNDAY, JuLY 15, 1889.

105

Mr. Snelson, of Meriwether, offered the following resolution, which was read, and upon motion, the same was tabled, to-wit:
Resolved, That no more leaves of absence be granted to any members of the House, except for providential causes or on demand of the courts of the country.
Upon motion of Mt. Gordon, House Bill No. 133 was taken from the table, and the same repla<>ed upon the calendar.
By the request of the Committee on Agriculture, the special order for to-day, which was the consideration of House Bill N J. 126, was displaced, and upon motion, the same was made the special order for Thmsday next, immediately after the reading of the Journal.
The following resolution by Mr. Glenn was read and agreed to, to-wit :
Resolved, That the visiting military of the State of Georgia now in the city be invited to the privileges of the floor during their stay in the city.
Mr. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker :
The Committee on Special Judiciary have had under consideration House Bill No. 320, entitled an act to amend an act to amend an act ~o enlarge the jurisdiction of the City Court of Savannah, etc., which they instruct me to report back to the House, with the recommendation that it do pass, as amended.
Respectfully submitted. J. T. OLIVE, Chairman.

Upon the call of the roll of counties for the introduction of new matter, the following bills were introduced, read the first time, and appropriately referred, to-wit:

106

JouRNAL oF THE HousE.

By Mr. Chew, of BurkeA bill to establish a uniform system of ballots at all elec-
tions in this State, and tor other purposes. Referred to Committee on General Judiciary.
By Mr. Davis, of BurkeA bill for the protection of game in the county of Burke,
and for other purposes. Referred to Committee on Counties and County Mattt~rs.
By Mr. Stokes, of CharltonA bill to amend the road laws of this State, so far as re-
lates to the county of Charlton, to authorize an election for Commissioners therefor, and for otheo purposes.
Referred to Committee on Counties and County Matters.
Also, a bill to regulate the Public Schools in the county -of Charlton; to provide for the maintenance <tnd support -of the same, anrl for other purposes.
Referred to Committee on Education.
By Mr. Johnson, of ClinchA bill to protect life and property by putting one car
inspector of trains for a thorough inspection of trains at -each and every railway junction, or crossing of railroads in this State.
Referred to Committee on Railroads.
By Mr. Johnson, of CrawfordA bill to prohibit the sale of seed cotton in the county of
Crawford between the 15th day of August and December of each year, etc.
Referred to Committee on Agriculture.
By Mr. Brown, of HaralsonA bill to regulate the compensation of fax Receiver and
Tax Uollector and Treasurer of the county of Haralson. Referred to Committee on Counties and County Matters.
By Mr. Gunter, of HenryA bill amending section 4600 (a) of the Code of 1882. Referred to Committee on General Judiciary.

' MoNDAY, JuLY 15, 1889.

107

By Mr. Gamble, of JeffersonA bill to incorporate the Kansas City and Port Royal
Railroad Company.
By Mr. Clark, of LaurensA- bill to authorize the Mayor and Council of the town
of Dublin to donate Madison street in said town to the Empire and Dublin Railroad Company, etc.
Referred to Committee on Corporations.
By Mr. I...ofley, of MaconA bill to require the owners of ho1ses, mules, cows,
sheep, goats, hogs, and stock of all kinds, from running at large upon the lands of another, whether enclosed or unenclosed, in the 757th District, G. M., Marion county, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Berner (by request)A bill to amend an act to provide for the regulation
of railroad freight and passenger tariffs in this State, to prevent unjust discrimination and extortion in rates charged for transportation of passengers and freight, etc., approved October 14, 1879.
Referred to Committee on General Judiciary.
By Mr. Lamar, of RichmondA resolution for the relief of the British 1\..merica Assur-
ance Company, of Toronto, Canada. Referred to Committee on Ways and Means..
By Mr. Fleming, of Richmond, (by request)A bill. to amend section 1455 of the Code of 1882, by
providing the terms and conditions upon which the stock law contained in sections 1449, 1450, 1451, 1452, 1453 and 1454 of the Code of 1882, may be rendered inoperative when of force in any county or militia district of this State.
Referred to Committee on Counties and County Matters.
By Mr. McCalla, of Rockdale, (by request)A bill to incorporate the Southern Mutual, Banking and
Trust Company, etc. Referred to Committee on Banks.

108

JouRNAL OF THF. HousE.

By Mr. Mcintyre, of ThomasA bill to incorporate the town of Metcalf, m Thomas
county, and for other purposes. Referred to Committee on Corporations.
By Mr. McDonald, of WareA bill to incorporate the Laborers Loan and Savings'
Bank, in the town of Waycross, and for other purposes. Referred to Committee on Banks.
By Mr. King, ofWayneA bill to authorize the Trustees of the University of
Georgia, to accept as a branch of said University a College of Agriculture and Mechanical Arts and Sciences, to be established at Jesup, in this State, and for other purposes.
Referred to Committee on Appropriations.
By Mr. Glenn, of WhitfieldA bill to make indictments amendable, and fot other pur-
poses. Referred to Committee on General Judiciary.
By Mr. Herrington, of EmanuelA bill to provide for the levy of a tax upon the property
holders of Emanuel county for educational purposes; to increase the public school term, and for other purposes.
Referred to Committee on Education.
By request, House Bill No. 339 was withdrawn.
Upon motion of Mr. Glenn, 200 copies of House Bill No. 19 were ordered printed for use of the House.
The following Senate bills were read the first time, and apptopriately referred, to-wit:
By Mr. Sharpe, of the :nth DistrictA bill to incorporate the Carrollton Mutual Fire Insur-
ance Company. Referred to Committee on Corporations.
By Mr. Massengale, of the 19th DistrictA bill to amend paragraph 1, section 1, of article 7, of
the Constitution of the State, so as to authorize the General

MoNDAY, JuLY 15, 1889.

109

Assembly thereof to exercise the power of taxation over the whole State, for the purpose of erecting and maintaining in said State a suitable home for disabled, indigent or afflicted Con.tederate soldiers and indigent widows of Confederate soldiers who have no relatives legally required to support them, etc.
Referred to Committee un Geneml J udiciaty.
The following Senate bills were read the second time, to-wit:
A bill to amend the charter of Monroe, ip Walton county, and for other purposes.
Also, a bill to incorporate the Griffin Street Railroad Company, etc.
The following Senate bill was read the second time; the committee to which the bill was referred, reported the same back, with the recommendation that the same do not pass; the report ot the committee was agreed to, and the bill was lost, to-wit :
A bill to alter and amend section 44, of the act to amend, revise and consolidate the common school laws of the State of Georgia, approved October 27, 1887.
The following bill was also read the second time; the committee to which the bill was referred, reported the same back, with the recommendation that the same do not pass; the report of the committee was agreed to, and the bill was lost, to-wit :
.A bill to change the time when county officers shall be elected, and for other purposes, etc.
The following resolution was read and disagreed to, towit:
A resolution appointing a committee to enquire and report what public officer!' are to be elected, etc.
The following resolution by Mr. Wooten, of the 9th District, was read and concurred in, to-wit :

110

JouRNAL OF THE HousE_.

A resolution expressing the grateful sense of the General Assembly, for the services of the Capitol Commission, etc.
The following resolution, by Mr. Julian, of the 39th District, was read and agreed to, to-wit :
A resolution requesting members of the General Assembly~ officers and pages, to preserve the new Capitol building from soil and damage, as far as practicable.
Mr. Harrell, of Decatur, 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 report back to the House, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to incorporate the Planters' Loan and Banking Company, and to define its powers and privileges.
Also, the 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 as amended, to-wit:
A bill to be entitled an act to incorporate the American Loan and Banking Company.
Respectfully submitted. J. D. HARREL, Chairman.
By unanimous consent, the following bill was introduced, read the first time, llnd referred to the Committee on Special Judiciary, to-wit:
By Mr. Morgan, of PulaskiA bill to fix the salary of the Judge of the County
Court of Pulaski county. Referred to Committee on Special Judiciary.
Upon motion, the regular order of business was changed, and bills of a local nature and bills tor charters were taken up for a third reading.

MoNDAY, JuLY 15, 1889.

111

The following bill was read the third time; the report of the committee was agreed to, as amended, and the bill was passed, as amended, by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to incorporate the Calhoun and Fairmount Railroad Company, and for other purposes.
House Bill No. 271 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 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 incorporate the town of DeSoto, in the county of Sumter, and for other purposes.
The follnwing 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 99, nays 0, to-wit:
A bill to repeal an act, approved December 6, 1880, extending the corporate limits of Newnan.
House Bills Nos. 317 and 331, were taken up for a third reading, and, upon motion, the bills were tabled.
The following message was received from 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 amend an act for the protection of game in Richmond county, approved December 27, 1886.
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 constitutionnl majority, yeas 91, nays 0, towit:

112

JouRNAL oF THE HousE.

A bill to incorporate the town of Coney, in the county of Dooly, and for other purposes.
By unanimous eonsent, the following bill was introduced, read the first time, and referred to the committee on General Judiciary, to-wit:
By Mr. Twitty, of JacksonA bill to amend section 3845, as to fees of State wit-
nesses.
The following resolution, by Mr. Johnson, of Campbell, was read and agreed to, to-wit:
A resolution providing for a committee to examine and report upon the Geological Survey commenced in 1874, and report the extent of work done, and the probable cost of the completion of the work, etc.
Mr. Johnson, of Floyd, presented a memorial from the ladies of Rome to the General Assembly, relative to the establishing of an Industrial School for white girls in this State, etc., which was read, and referred to the Committee on Appropiations.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, July 16, 188!).
The House met pursuant to adjournment; called to order by the Speaker pro tem., and opened with prayer by the Chaplain.
Upon motion, the roll call was dispensed with. Mr. Harper, chairman of the Committee on Journals, reported that the Journal had been examined and approved. The Journal was then read and confirmed.
Mr. Brady, chairman of the Committee on Agriculture, submitted the following report:

TuESDAY, JuLY 16, 1889.

113

M1. Speaker :
The Committee on Agriculture have had under consideration the following bill, which they instruct me, as their chairman, to report back to the Hou~e, with recommendation that it do pass, by substitute, to-wit :

A bill to be entitled an act to prohibit the putting of fish traps and other obstructions in the Pataula creek and its tributaries, in the counties of Stewart, Randolph, Quitman and Clay, and for other purposes.
Respectfully submitted. W. BRADY, Chairman.
Mr. Hill, 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 request me to report back, with the recommendation that it do pass, as amended, to-wit:

A bill to require the owners of all horses, mules, cattle

and stock of every kind, to keep the same froJD running at

large in the 105th and 115th Districts, G. M., Baldwin

county, and to define the liabilities of the owners, etc.

Respectfully ~ubmitted.



H. W. HILL, Chairman.

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

M1. 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 act, to-wit:
An act to amend ;;:ection 3910 (f) of the Code of Georgia of 1882.
Respectfully submitted. IYY W. DuGGAN, Chairman.
8

114

JouRNAJ.o t'F THE HousE.

A memorial from the committee appointed by the Road Congress was, without being read, referred to the Committee on Roads and Bridges.
. Upon motion, the special order for to-day was taken up, to-wit:
The consideration of a bill to relieve Samuel Morgan, one of the surities on the bond of the Bank of Rome. As the bill provided for an appropriation, the House resolved itself into a Committee of the Whole. Mr. Bell, of Forsyth, called to the chair.
Mr. Bell, chairman of the committee of the Whole House, submitted the following report :

M1. Speake1 :

The Committee of the Whole House have had under consideration House Bill No. 166, which they instruct me to report back, with the recommendation that the bill do pass, as amended.

The bill was then read a third time.

Mr. Fleming, ot Richmona, offered a substitute for the original bill, which was read.

upon the adoption of the substitute, in lieu of the original bill, the previous question was called, which call was sustained, and the main question ordered.

Upon this question the yeas and nays were called, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.--

Atkinson of Coweta, Berner. Bush, Buxton, Candler, Fleming, Fricks,

Harper,

McDaniel,

Harrell of Webster, )lcCook,

Hill of Meriwether. Means,

Holden,

Montgomery,

Humphreys of Brooks, Murray,

Johnson of Crawford, Mustin

Jones of Coweta,

Reilly,

TuEsDAY, JuLY 16, 1889.

115

Gholston, Gilbert, Goodman, Gordon, Gunter, Ham.

;Kendrick, King, Lamar, Latham, Maxwell. McArthur,

Sims of Wilkes, Snelson, Vandever, Walker, Ward. West.

Those voting m the negative were Messrs.-

Albritton,

Hall,

Morris.

Alderman,

Hand,

Olive,

Allred,

Harrell of Decatur. Oliver,

Alexander,

Harris.

O'Neill,

Atkinson of Columbia, Hart,

Park,

Bates,

Herrington,

Patterson,

Bell,

Hill of Wilkes.

Perry,

Brady,

Hobbs,

Postell,

Brown,

Holtzclaw,

Rankin,

Callaway,

Hood,

Rawls,

Carithers,

Howell,

Reid,

Chew,

Humphreys of Screven, Speer,

Church,

Huff,

Simmons,

Clark,

Jenkins of Harris,

Sims of Lincoln,

ClementH,

.Jenkins of Johnson, Singleton,

Clifton,

Johnston of Campbell, Smith of Decatur,

Coggins,

Johnson of Floyd.

Smith of Gwinnett.

Crenshaw,

,Johnson of Jones,

Snead,

Crowder,

John,;on of Clinch,

Tanner,

Daniel,

.Tones of Baker,

Tatum,

Davie,

.) ones of Chattooga. Taylor,

Davis of Burke,

Kimble,

Thurman,

DeLacy,

Lang,

Tigner,

Dodgen,

La,vsoii,

Turner,

Duggan,

Lewis,

Tyson,

Dugger,

Lofley,

Twitty,

Fain,

Mathews,

Tuck,

Felton,

McDonald.

Veazey,

Flynt,

McCalla,

Venable,

Foute.

Mcintyre,

Warren,

Frazer,

Mciver,

Whitaker,

Gallaway.

Mitcltell of Pike,

Williams of Appling,

Gamble,

Mitchell of Spalding. Williams of Telfair,

Glenn,

Mobley,

Williams of Upson.

Hardeman.

Morgan,

Wright.

Hardage,

Those not voting were Messrs.-

Arnold, Arnheim,

Davis of Elbert, Dennard,

Kitchens, Knight,

116

JouRNAL oF THE HousE.

Atkinson of Butts, Boone, Brewton, Calvin, Campbell, Carlton, Champion, Collier,

},rancis, Griffin, Halliday, Heery, Hooks, Huey, Hyers, ,Johnson of DeKalb,

Mcinnis, Peacock. Skelton, Smith of Calhoun, Smith of Wilkinson. Stokes, Tarver, Mr. Speaker.

Yeas 39. Nays 106. Not voting, 30.

So the substitute was lost.

The report of the committee was agreed to as amended. As the bill provided for an appropriation, the yeas and nays were called upon the passage of the bill.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Albritton,

Hardage,

OliYe,

Alderman,

Hall,

Oliver.

Allred,

Hand,

O'Neill.

Alexander,

Harris,

Park,

Atkinson of Columbia, Hart,

Patterson,

Bates,

Herrington,

Peacock,

Bell,

Hill of Wilkes.

Perry,

Brady,

Hobbs,

Postell,

Brewton,

Hood,

Rankin,

Brown,

Howell,

Rawls,

Callaway,

Humphries of Screven, Reid,

Carithers,

Huff,

Speer,

Chew,

Hyers,

Simmons,

Chureh,

.Jenkins of Harris,

Sims of Lincoln,

Clark,

.Jenkins of Johnson, Singleton,

Clements,

,Johnston of Campbell, Smith of Calhoun,

Clifton,

Johnson of Floyd,

Smith of Decatur,

Coggins,

Johnson of Jones,

Smith of Gwinnett,

Collier.

.Johnson of Clinch. Snead,

Crenshaw,

Jones of Baker,

Tanner,

Crowder,

Jones of Chattooga, Tatum,

Daniel,

Kimble,

Taylor,

Davie,

Lang,

Thurman,

Davis of Burke,

Lawson,

Tigner,

DeLacy,

Lewis,

Turner,

Dodgen,

Lolley,

Tyson,

Duggan,

)fathews,

Twitty.

TuESDAY, JuLY 16, 1889.

117

Dugger Fain, Felton, Flynt, Foute, Frazier, Gallaway, Gamble, Glenn, Hardeman,

McArthur, McDonald, McCalla, Mcintyre, Mciver, Mitchell of Pike, Mitchell of Spalding, Mobley, Morgan, Morris,

Tuck, Veazey, Venable, Warren, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson. Wright.

Those voting in the uegative were Messrs.-

Atkinson of Coweta, Berner, Bush, Buxton, Candler. Carlton, Champion, Fleming, Fricks, Gholston, Gilbert, lloodman, Gordon, Gunter,

Ham,

Maxwell,

Harper,

)lcDaniel,

Harrell of Decatur, McCook,

Harrell of Webster, Means,

Hill of }feriwether, )fontgomery,

Holtzclaw,

Murray,

Holden,

Mustin,

Humphreys of Brooks, Reilly,

Johnson of Crawford, Sims of Wilkes,

Jones of Coweta,

Snelson,

Kendrick,

Vandever,

King,

Walker,

Lamar,

West.

I.atham,

Those not voting were Messrs.-

Arnold, Arnheim, Atkinson of Butts, Boone, Calvin, Campbell, Davis of Elbert, Dennard,

Francis, Griffin, Halliday, Heery, Hooks, Huey, Johnson of DeKalb, Kitchens,

Knight, Mcinnis, Skelton, Smith of Wilkinson, Stokes, Tarver, Ward, Mr. Speaker.

Yeas 110. Nays 41. Not voting, 24.

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

A bill to relieve Samuel Morgan, one of the sureties on the bond of the Bank of Rome as a State Depository.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
Leave of absence was granted to Mr. Postell.

118

JouRNAL oF THE HousE.

The hour of adjournment having arrived, the House adjourned until to-morrow morning at ~ o'clock.

A'ILAN'.rA, GEORGIA,
Wednesday, July 17, 1889.

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

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

Those present were Messrs.-

Albritton,

Griffin,

Mciver,

Alderman,

Gunter,

Means,

Allred,

Hardeman.

Mitchell of Pike,

Alexander,

Hardage,

Mitchell of Spalding,

Arnold,

Hall,

Mobley,

Atkinson of Columbia, Halliday,

Montgomery,

Atkinson of Coweta, Ham.

:Morgan,

Bates,

Hand,

Morris,

Bell.

Harper.

Murray,

Berner,

Harrell of Decatur, Mustin,

Boone,

Harrell of Webster, Olive.

Brady,

Harris.

Oliver,

Brewton,

Hart,

O'Neill,

Brown,

Herrington,

Park,

Bush,

Hill of Meriwether, Patterson,

Buxton,

Hill of Wilkes,

Peacock,

Callaway,

Hobbs,

Perry,

Calvin,

Holtzclaw,

Rankin,

Campbell,.

Holden,

Rawls,

Candler,

Hood,

Reid,

Carithers,

Howell,

Reilly,

Carlton,

Humphreys of Brooks, Speer,

Champion,

Humphries of Screven, Simmons,

Chew,

Huey,

Sims of Lincoln,

Chureh.

Huff,

Sims of Wilkes,

Chirk,

Hyers,

Singleton,

Clement,

Jenkins of Harris,

Skelton,

Clifton,

Jenkins of Johnson, Smith of Calhoun,

Coggins,

Johnston of Campbell, Smith of Decatur,

WEDNESDAY, JuLY 17, 1889.

119

Collier. Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Fain. Felton, Fleming, l<'lynt, Fonte, Francis. Frazer, Fricks, Gamble. Gholston, Gilbert, Glenn. Goodman, Gordon,

.Johnson of Crawford, Johnson of Floyd, Johnson of Jones, Johnson of Clinch. Jones of Baker, Jones of Chattooga, Jones of Coweta, Kimble, Kendriek, King, Kitchens. Knight, Lamar, Lang, Latham, Lawson, Lewis, Lofley, }!athews, )lax well, :McArthur, :McDonald, ):[cDaniel, .McCalla, McCook, Mcintyre,

Smith of Gwinnett, Smith of Wilkinson, Snead, Snelson, Tanner, Tatum, Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable. Walker, Ward, Warren. 'Yest, Whitaker, Williams of Appling, Williams of Telfair. Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson of Butts, Gallaway, Heery,

Hooks, Johnson of DeKalb, ::\'Iclnnis,

Postell, Stokes, Tarver.

Mr. Atkinson, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

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

Re.~olved, That Dr. Warren A. Candler, President of Emory College, and Dr. G. A. Nunnally, President of Mercer University, be invited to address the Legislature in the Hall of the House of Representatives, on Tuesday the 23rd instant, at 8 o'clock p. m., on the subject of" Higher Education."

120

JouRNAL oF THE HousE.

Upon motion, House Bill No. 321 was withdrawn.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, to-wit :
A bill to be entitled an act to amend the charter of the Darien Short Line Railroad Company, which they report back, with the recommendation that it do pass, by double substitute, "a and b."
Also, a bill to incorporate the Southbound Railroad Company, which they report back, with the recommendation that it do pass as amended.
Also, a bill to incorporate the Cumming and Warsaw Railroad Company, which they report back, with the recommendation that it do pass as amended.
Also, a bill to incorporate the Fort Payne and Eastern Railroad Company, which they report back, with the recommendation that it do pass as amended.
Also, a bill to incorporate the Atlanta and Lithonia Railroad Company, which they report back, with the recommendation that it do pass as amended.
Respectfully submitted. CLARK HowELL, Chairman.
Mr. Sims, chairman of the Committee on Hygiene and Sanitation, begs leave to submit the following report:
Mr. Speaker:
The Committee on Hygiene and Sanitation have had under consideration the following resolution, which they request me to report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit :
A resolution providing for quarentine, etc. Respectfully submitted.
J NO. SIMS, Chairman.

WEDNESDAY, JULY 17, 1889.

121

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

Mr. Speaker :
The Committee on Education have haJ under consideration the following House bills, which I am instructed to report back to the House, with the recommendation that they do pass, to-wit:
House Bill No. 401, which is a bill to be entitled an act \o authorize the establishment of a system of public schools in the town of Decatur, and for other purposes.
Also, House Bill No. 510, which is a bill to be entitled an act to establish a system of public schools in the city of Conyers, and for other purposes.
Respectfully submitted. .C. M. CANDLER, Chairman.

Mr. Gordon, chairman of the Commjttee on Appropriations, submitted the following report:

Mr. Speaker:
The Committee on Appropriations have had under consideration the following resolution, which they have instructed me to return to the House, with a recommendation that it do pass, to-wit:
A resolution for the relief of Jeff Bell, of Cherokee county.
Respectfully sn bmitted. WILLIA~I W. GoRDON, Chairman.

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

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

122

JouRNAL OF THE HousE.

Bill No. 369, to incorporate the town of Millsville in the county of Calhoun, and for other purposes.
AIso, bill No. 500, to incorporate the Waycross Street Railway Company.
Also, bill No. 561, an act to amend an act to incorporate the Gate City Gas Light Company, ar;proved February 4, 1875, and for other purposes.
Also, bill No, 518, to incorporate the town of Meigs in Thomas county, and for other purposes.
Also, bill No. 570, entitled an act to amend an act to incorporate the Atlanta Gas Light Company, approved February 16, 1856, and for other purposes.
Also, bill No. 590, entitled an act to incorporate the town of Metcalf, in Thomas county, and for other purposes.
Also, bill No. 476, to authorize and empower the town of Camilla to create a debt, and for other purposes, which they desire read the second time and recommitted.
Respectfully submitted. THos. G. LAWSON, Chairman.

The following message was recei\ed from the Senate, through Mr. Harris, Secretary thereof:

Jb. Speake1' :
The Senate has passed the following Senate bills by the re<] uisite constitutional majority, to-wit:
A bill to define the rights of landlords ; to declare the effects of certain contracts ; to make it penal for any cropper to sell or dispose of crops in certain cases, and for other purposes, by a vote of yeas 39, nay8 0.
Also,a bill to define the boundaries of that part of the city of Columbus, commonly known as the Rose Hill an 7 nex, by a vote of yeas 28, nays 0.
Also, a bill to authorize the Columbus Southern Railroad

WEDNESDAY, JULY 17, 1889.

123

Company to extend its line of railroad to the .Florida line, by a vote of yeas 27, nays 0.
Also, a bill to confer the powers of a Savings' Bank Investment and Loan and Trust Company, upon the Farmers' Co-operative Manufacturing Company, of Spalding county, by a vote ofyeas 27, nays 0.
Also, a bill to incorporate the South Georgia Bank of Waycross, by a vote of yeas 28, nays 0.
Also, the following Senate resolution, to-wit:
A resolution, inviting Doctors Warren A. Candler and G. A. Nunnally to address the General Assembly on the subject of higher education.
Upon motion, the regular order. of business, which was the call of the roll for the introduction of new matter, was dispensed with, and members having bills or resolutions for introduction were allowed to send them to the Clerk's desk.
Under a suspension of the rules, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Clifton, of ChathamA bill to encourage the planting and cultivating of
oysters in Warsaw river, at a place in Chatham county known as Thunderbolt, and to protect the same from depredation.
Referred to Committee on Special Judiciary.
By Mr. Sims, of LincolnA bill to create a Board of Health for the State of
Georgia, and to provide fo.r a Sanitary Board m each of the c0unties thereof, and for other purposes.
Referred to Committ~e on Hygiene and Sanitation.
By Mr. Kendrick, of TerrellA bill to authorize the County Commissioners of Terrell
county to submit to the qualified voters of said county, the question of the issuance of county bonds to pay for the

124

.JouRNAL oF THE HousE.

erection of a court house in said county, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Mcintyre, of ThomasA bill to amend an act to incorporate the Thomasville
Street Railway Company, approved December 26, 1888. Referred to Committee on Railroads.
Also, a bill to amend an act, approved February 20, 1873, creating a Board of County Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so as to have the Commissioners of Thomas county elected by the Grand Jury, etc.
Referred to Committee on Cllunties and County Matters.
By Mr. Lewis, of HancockA bill to permit guardians to invest their wards' money
in real estate, and for other purposes. Referred to Committee on General .Judiciary.
Also, a bill to make it a felony for any person to remove any property from the road-bed of the Western and Atlantic Railroad.
Referred to f;ommittee on General Judiciary.
By Mr. Crenshaw, of RandolphA bill to prevent the running at large. upon the lands of
another, in the 777th District, G. M., Randolph county, of all horses, mules, cows, etc., and for other purposes.
Referred to Committee on Agriculture.
By Mr. Tuck, of ClarkeA bill to protect the interest of underwriters in cargoes
of vessels, loading at the ports in this State for foreign ports. Referred to Committee on General Judiciary.
By Mr. Mitchell, of SpaldingA bill to prevent the sale of intoxicating liquors within
three miles of Orchard Hill. Referred to Committee on Temperance.

WEDNESDAY, JULY 17; 1889.

125

Also, a bill to prohibit the sale of intoxicating liquors and intoxicating bitters, within three miles, in every direction, of Teamen Baptist Church, in Spalding county.
Referred to Committee on Temperance.
Also, a bill to prohibit the sale of farm products in the county of Spalding, between sun-down and 'lUn-rise, etc.
Referred to Committee on Counties and County Matters.
By Mr. Gholston, of MadisonA bill to incorporate Vineyard Cteek Church, in Mad-
ison county, so as to prohibit the sale of intoxicating liquots within three miles of the same.
Referred to Committee on Corporations.
Also, a bill to repeal an act to change the manner of granting license for the sale of spirituous liquors, as contained in section 1419 of the Code of the State, as amended by the act approved December 22, 1884, and for other purposes, so far as ~adison county is concerned.
Referred to Committee on Cminties and County Matters.
Also, a bill to amend section 1455 of the Code of the State, so as to except Madison county from its provisions in-so-far as elections by districts is concerned, and for other purposes.
Referred to Committee on Counties and County Matte~s.
By Mr. Fonte, of BartowA hill to amend section 3700 of the Code of 1882, etc. Referred to Committee on General Judiciary.
By Mr. Thurman, of WalkerA bill to alter and amend section 610 of the Revised Code
of Georgia, so as to require only male inhabitants of the State, betw:en the ages of eighteen and fifty years, to work the public roads.
Referred to Committee on Roads and Bridges.
By Mr. Jones, of ChattoogaA bill to incorporate the Rome, Subligna and NortheriJ
Railroad Company, or Dummy Line; to grant certain powers, etc.
Referred to Committee on Railroads.

126

JouRNAL OF THE HousE.

By Mr. O'Neill, of FultonA bill to incorporate the Georgia Mutual Live Stock
Insurance Company. Referred to Committee on Corporations.
By Mr. Reid, of PutnamA bill to create a lien in favor of the owners and keepers
of stallions, jacks and bulls, upon the get of such animals for the period of eight months.
Referred to Committee on Agriculture.
By Mr. Hardeman, of BibbA bill to change the time of holding the Superior Courts
of Bibb county. Referred to Committee on Special Judiciary.
By Mr. O'Neill, of FultonA resolution authorizing the Governor to purchase ;)00
copies of Van Epps' Index Digest of the Georgia Reports. Referred to Committee on General Jadiciary.
The following resolution by Mr. \Valker, of Union, was read, and, upon motion, the same was tabled, to-wit :
Resolved by the House of Representatives, the Senate concurring, That a joint committee, consisting of five members from the House and three from the Senate, be appointed to examine into the cleric.al and other expenses of the House and Senate, and report by bill or otherwise such measures as they may deem conducive to the public interest.
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, hy substitute, by the requisite constitutional majori'f, yeas 110, nays 0, to-wit:
A oill to require assignees to give bond and security for the faithful discharge of their duties; providing how and by whom sent shall be brought in said bonds, and for other purposes.
House Resolution No. 73 was taken up for a third reading; as .the same provided for a11 appropriation, the Honse

WEDNESDAY, JULY 17, 1889.

127

resolved itself into a Committee of the Whole. Mr. Howell~ of Fulton, called to the chair.
Mr. Howell, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speaker :

The Committee of the Whole House have had under consideration Honse Resolution No. 73, 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. As the resolution contained an appropriation, the yeas and nays were called upon the passage of the resolution.

Upon- calling the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman,

Hardage,

Mitchell of Pike,

Allred,

Hall,

Mitchell of Spalding,

Alexander,

Halliday,

Mobley,

Arnold,

Ham,

Montgomery,

Atkinson of Columbia, Harper,

Morgan,

Atkinson of Coweta, Harrell of Decatur, Morris,

Bates,

Harri~,

Murray,

Bell,

Herrington,

Mustin,

Berner,

Hill of Meriwether, Olive,

Boone, Brady,

Hill of Wilkes,

Hobbs,

~

Oliver, O'Neill,

Brown,

Holtzclaw,

Park,

Bush,

Holden,

Patterson,

Buxton,

Hood,

Perry,

Callaway,

Howell,

Rankin,

Candler,

Humphreys of Brooks, Rawls,

Carlton,

Humph~ies of Screven, Reid,

Champion,

Huff,

Reilly,

Church,

Hyers,

Speer,

Clements,

Johnston ofCampbell, Simmons,

Clifton,

Johnson of Crawford, Sims of Lincoln,

Collier,

Johnson of Floyd,

Singleton,

Crenshaw,

Johnson of Jones,

Skelton,

Crowder,

Johnson of Clineh, Smith of Calhoun,

128

JOURNAL OF THE HousE.

Davis of Burke, DeLacy, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Foute, FranciE. Fricks, Gamble, Gholston, Gilbert, Glenn, Goodman. Griffin, Gunter, Hardeman.

.Jones of Baker, Jones of Chattooga, .Jones of Coweta, Kimble, Kendrick, King, Lamar, Lang, Latham, Lawson, Lewis, Lolley, Maxwell, McDonald, McDaniel, McCalla, McCook,
~\elver,
Means,

Smith of Decatur, Smith of Gwinnett, Snelson, Tatum, Taylor, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Williams of Upson, Wright.

Those not voting were Messrs.-

Albrit\on, Arnheim, Atkin&on of Butts, Brewton, Calvin, Campbell, Carithers, Chew, Clark, Coggins. Daniel, Davie, Davis of Elbert, Dennard, Dodgen. Frazer,

Gallaway, Gordon, Hand, Harrell of Webster, Hart. Beery, Hooks, Huey, Jenkins of Harris, Jenkins of Johnson, Johnson of DeKalb, Kitchens, Knight, Mathews, McArthur,

Mcinnis, Mcintyre, Peacock, Postell, SimE of Wilkes, Smith of Wilkinson, Snead, Stokes. Tanner, Tarver, Thurman, Whitaker, Williams of Appling, Williams of Telfair, Mr. Speaker.

Yeas 129. Nays 0. Not voting 46.

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

A resolution to authorize the payment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 1887.

House Bill No. 117 was taken up for a third reading.

WEDNESDAY, JUJ~Y 17, 1889.

129

As the same contained an appropriation, the House resolved itself into a Committee of the Whole.
Mr. Tuck, of Clarke, was called to the chair.
Mr. Tuck, 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. 117, which they instruct me to report back, with the rec1mmendation that the same do pass as amended.

The bill was then read the third time ; the report of the committee was agreed to as amended. As the bill provided for an appropriation, the yeas and nays were called upon the passage of the bill.

Upon the call of the roll of the House, the vote was as fpllows:

Those voting in the affirmative were Messrs.-

Albritton,
~lexander,
Atkinson of Coweta, Bell, Berner, Boone, Buxton, Callaway, Candler, Carithers, Carlton, Chew,
~lements,
Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, DeLacy, Dodgen, Duggan,
9

Gordon,

McDaniel,

Griffin,

Mcintyre,

Hardeman,

Mciver,

Hardage,

Means,

Hall,

Mitchell of Pike,

Ham,

Mobley,

Hand,

Morgan,

Harper,

Mustin,

Harrell of Decatur, Olive,

Harrell of Webster, Oliver,

Harris.

O'Neill,

Hart,

Patterson,

Herrington,

Rankill,

Hill of Meriwether, Reid,

Holtzclaw,

Reilly,

Hood,

Speer,

Howell,

Sims of Lincoln,

Humphreys of Brooks, Sims of Wilkes,

Humphries of Screven, Singleton,

Huff,

Smith of Decatur,

Jenkins uf Harris.

Smith of Gwinnett,

.Johnston of Campbell, Tigner,

130

JouRNAL OF THE HousE.

Fain, Felton, Fleming, Flynt, Francis, Frazer, Gallaway, Gamble, Gilbert, Glenn, Goodman,

.Johnson of Crawford, Johnson of Floyd, Johnson of Jones, Jones of Coweta, King, Lamar, Lang, Lawson, Lewis, Mathews, McDonald,

Turner, Tyson, Tuck, Vandever, Veazey, Venable, Warren, West, Whitaker, Williams of Telfair.

Those voting in the negative were Messrs...:_

Alderman,

Hobbs,

Allred,

Holden,

Arnold,

Jenkins of Johnson,

Atkinson of Columbia, Johnson of Clinch,

Bates,

Jones of Baker,

Brady,

Kimble,

Brown,

Kendrick,

Bush,

Latham,

Campbell,

Lofley,

Champion,

Maxwell,

Church,

McCalla,

Coggins,

McCook,

Dugger,

Mitchell of Spalding,

Fricks,

Montgomery,

Gholston,

Morris,

Gunter,

Murray.

Halliday,

Park, Peacock, Perry, Rawls, Simmons, Skelton, Smith of Calhoun. Snelson, Tatum, Taylor, Thurman, Twitty, Walker, Ward, Williams o~Upson, Wright.

Those not voting were Messrs.-

Arnheim, Atkinson of Butts, Brewton, Calvin, Clark, Clifton, Davis of Elbert, Dennard, Foute, Heery,

Hill of Wilkes, Hooks, Huey, Hyers, Johnson of DeKalb, Jones of Chattooga, Kitchens, Knight, McArthur,

Mcinnis, Postell, Smith of Wilkinson, Snead, Stokes, Tanner, Tarver, Williams of Appling, Mr. Speaker.

Yeas 98. Nays 49. Not voting 28.

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

WEDNESDAY, JuLY 17, 18~9.

131

.A bill to appropriate the sum of $3,000 to the Executors of General Robert Toombs, as compensation for services rendered by Gen. Toombs in the case of Tilly vs. Savannah, Florida and Western Railroad, .Tames M. Smith et al., Railroad Commissioners and R. N. Eley, Attorney-General of Georgia.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:
A bill to .create the office of State Geologist, to provide for collecting, analyzation and classification of minerals, etc.
Referred to Committee on General Judiciary.
Upon motion, the following House bills were taken up, and the Senate amendments thereto concurred in, to-wit:
A bill to incorporate the town of Colquitt, in the county of Miller.
Also, a bill to repeal an act to create a County Court in each county in this State, etc., so far as the same applies to the county of McDuffie.
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 prohibit the sale ot manufacture of spirituous liquors within three miles of Pleasant View Baptist Church, in Carroll county.
Also, an act to amend section 493 (c) of the Code of 1882.
Also, an act to prohibit the sale or manufacture of spirituous liquors within five mtles of New Hope Methodist Church, in Carroll county.
Respectfully submitted. IvY W. DuGGA:N, Chairman.

132

JouRNAL oF THE HousE.

Mr. Lofley, 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, to-wit :
A bill to be entitled an act to extend the time of the charter of the Habersham and Union Turnpike Company ; to change the rates of toll, and for other purposes, which they instruct me to repot't back to the House, with recommendation that it do pass, as amended.
Respectfully submitted. S. T. LoFLEY, Chairman.
Mr. Hill, chairman of the Committee on Counti.es and County Matters, submitted the following report:

Mr. 8peaker:
The Committee on Counties and County Matters havR had under consideration the following bills, which they report back, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Hancock.
Also, by substitute, a bill to be entitled an act to regulate the compenl'ation of Tax Receiver and Collector and Treasmer of the county ot Haralson.
Also, a bill, as amended, to amend an act creating a Board of Commissioners of Roads and Reve,nues for Fulton county.
Also, a bill to prohibit fishing, hunting or treApassing on the lands of another in the county of Screven.
Also, a bill to reduce the 'bond of the Sheriff' of Bakercounty.
Respectfully submitted. H. W. HILL, Chairman.

WEDNESDAY, JuLY 17, 18~9.

133

By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Hardage, of CobbA bill to prohi~it the manufactur-{l or sale of ma:It or
spirituous liquors within three miles of the Craven Aoodemy, in Cobb county, near the line between the counties of Cobb and Cherokee.
Referred to Committee on Temperance.
Also, a bill to create a City Court for the city of Marietta, and for other purposes.
Referred to Committee on Special Judiciary.
By request, House Resolution No. 38 was withdrawn.
Mr. Church, of Catoosa, offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the House extend their thanks to the Hon. Primus Jones, of Baker, for the extra fine melons presented by him to the memhers of the House on yesterday. We congratulate Baker county on securing his services as thE>ir representative.
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 128, nays 0, to-wit:
A bill to amend section 534, of the Code of 1882.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to,..wit:
By Mr. Herrington, of EmanuelA bill to authorize the Trustees of the State University
to accept, as a branch of said University, a College of Agriculture and Mechani<J Arts and Sciences, to be established at Swainesboro, in this State, and for other purposes.
Referred to Committee on Education.

134

JouRNAL oF THE HousE.

By Mr. Collier, of DoolyA bill to incorporate the Bank of Vienna, in Dooly-
county. Referred to Committee on Banks.

Upon motion, House Bill No. 75 w,as1 taken from the tabl.e, and placed upon the calendar.

Upon motion, House Bill No. 19 was taken from the table, and the same made the special order for Wednesday next, immediately after the reading of the Journal.

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 vote was as follows;

Those voting in the affirmative were Messrs.-

Allred,

Frazer,

Atkinson of Columbia, Fricks,

Atkinson of Coweta, Gallaway,

Bates,

Glenn,

Bell,

Gunter,

Brady,

Hardage,

Brown,

Halliday,

Campbell,

Ham,

Carlton,

Harper,

Champion,

Herrington,

Church,

Hill of Meriwether,

Clark,

Hobbs,

Clement,

Holden,

Coggins,

Hood,

Collier,

Jenkins of Harris,

Crenshaw,

Johnson of Clinch,

Daniel,

,Jones of Chattooga,

Dodgen,

Jones of Coweta,

Duggan,

Kimble,

Dugger,

Latham,

Fain,

Lewis,

Flynt,

Lofley,

Maxwell, McCalla, Means, Mitchell of Pike, Mitchell of Spalding, Mobley, Montgomery, Morris, Murray, Olive, Peacock, Rawls, Speer, Smith of Gwinnett, Snelson, Tanner, Taylor, Thurman, Twitty, Veazey, Walker, West.,

Those voting in the negative were Messrs.-

Albritton,

Hardeman,

Mustin,

WEDNESDAY, JULY 17' 1889.

135

Alexander. Arnold, Berner, Bush, Buxton, Callaway, Calvin, Candler, Chew, Clifton, Crowder, Davie, Davis of Burke, DeLac.y, Felton, Fleming, Foute, Francis, Gholston, Goodman, Gordon, Griffin,

Hall,

Oliver,

.Hand,

O'Neill,

Harris,

Park,

Harrell of Decatur, Patterson,

Hart,

Perry,

Holtzclaw,

Rankin,

Humphries of Screven, Reid,

Huff,

Reilly,

Hyers,

Sims of Lincoln,

Johnson of Crawford, Sims of Wilkes,

.Johnson of Floyd,

Singleton,

Johnson of Jones,

Skelton,

Jones of Baker,

Smith of Decatur,

Kendrick,

Turner,

King,

Tyson,

Lamar,

Tuck,

Lang,

Vandever,

Lawson,

Ward,

McCook

Warren,

McJntyre,

Williams of Telfair,

Morgan,

Wright.

Those not vofing were Messrs.--

Alderman, Arnheim, Atkinson of Butts, Boone, Brewton, Carithers, Davis of Elbert, Dennard, Gamble, Gilbert, Harrell of Webster, Heery, Hill of Wilkes, Hooks,

Howell,

Postell,

Humphreys of Brooks, Simmons,

Huey,

Smith of Calhoun,

Jenkins of Johnson, Smith of Wilkinson,

Johnston of Campbell, Snead,

Johnson of DeKalb, Stokes,

Kitchens,

Tarver,

Knight,

Tatum,

Mathews,

Tigner,

McArthur,

Venable,

McDonald,

Whitaker,

McDaniel,

Williams of Appling,

Mcinnis,

Williams of Upson,

Mciver,

Mr. Speaker.

Yeas 66. Nays 67. Not voting, 42.

So the bill was lost, to-wit :

A bill to declare all obligations to pay attorneys' fees in addition to the interest specified thereon upon any note or other evidence of indebtedness void and of no effect, etc.

Leave of absence was granted to Mr. Snead.

136

Jou&XAL OF THE HousE.

The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, July 18, 1889.

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

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

Those p~esent were Messrs.-

Albritton,

Hardemau,

)lea us,

Alderman,

Hardage,

:Mitchell of Pike,

Allred,

Hall,

:Mitchell of Spaldin~,

Alexander,

Halliday,

:Mobley,

Arnold,

Ham,

Montgomery,

Atkinson of Columbia, Hand,

)!organ,

Atkinson of Coweta, Harper,

Morris,

Bates,

Harrell of Decatur, )[urray,

Bell,

Harrell of Webster, Mustin,

Berner,

Harris,

Olive,

Boone,

Hart.

Oliver,

Brady,

Heery,

O'Neil,

Brewton,

Herrington,

Park,

Brown.

Hill of Meriwether, Patterson,

Bush,

Hill of Wilkes,

Peacock,

Buxton,

Hobbs,

Perry,

Callaway,

Holtzclaw,

Postell,

Calvin,

Holden,

Rankin,

Campbell,

Hood,

Rawls,

Candler,

Hooks,

Reid,

Carithers,

Howell,

Reilly,

Carlton,

Humphreys of Brooks, Speer,

Champion,

Humphries of Screven, Simmons,

Chew,

Huey,

Sims of Lincoln,

Church,

Huff,

Sims of Wilkes,

Clark,

Hyers,

,Singleton,

Clements,

Jenkins of Harris,

Skelton,

Clifton,

Jenkins of Johnson, Smith of Calhoun,

Coggins,

JQbnston of Campbell, Smith of Decatur,

THuRSDAY, JuLY 18, 1889.

137

Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, DeLacy, Dennard, DO!lgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin, Gunter,

Johnson of Crawford, Johnson of Floyd, Johnson of Jones, .Johnson of Clinch, ,Jones of Baker, .Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, King, Knight, Lamar. Lang, Latham, Lawson, Lewis, Lofley, Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre, Mciver,

Smith of Gwinnett, Smith of Wilkinson. Snead, Snelson, Stokes, Tanner, Tatum, Taylor, Thurman, Tigner, Turner, Tyson. Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson of Butts,

Davis of Elbert,

Kitchens,

Johnson of DeKalb, Tarver.

Mr. Atkinson, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Mr. Dodgen gave notice, that at the proper time, he would move to reconsider so much of the ,Journal as relates to House Bill No. 75.

Leave of absence was granted to Mr. Smith, of Decatur.

By request, House Bill No. 595, was withdrawn from the Committee on Special Judiciary and recommitted to Committee on General Judiciary.

138

JouRNAL oF THE HousE.

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

Jfr. Speaker:
The Committee on Special Judiciary have had under consideration the following House bills, to-wit:
Bill No. 363, entitled an act to regulate and define the liability of a person illegally employing the servant, farm laborer, cropper or tenant of another.
Also, bill No. 495, entitled an act to amend section 151, of the Code of 1882, etc.
Also, bill No. 524, entitled an act to abolish the County Court of Jefferson county, etc., each of which they instruct me to report back to the House, with the recommendation that they do pass.
Also, bill No. 359, entitled an act to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta, which they instruct me to report back to the House, with the recommendation that it do pass, as amended.
Respectfully submitted. J. T. OLIVE, Chairman.
Mr. Foute, 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 direct me to report back to the House, with the recommendation that they do pass, to-wit:
A bill to prevent the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Springs, iniCherokee county ; to provide a pPnalty therefor, and for other purposes.

THURSDAY, JULY 18, 1889.

139

Also, a bill to prevent the sale or manufacture of spirit'Uous, vinous or malt liquors within three miles of Mount -Dlivet Methodist Church, in Banks county, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Midway Methodii't Chureh, Akin District, in Spalding county.
Also, a bill to prohibit the selling of intoxicating or alcoholic liquors within three miles of Union Baptist Church, in Spalding county.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin -county.
Respectfully submitted. A. M. FouTE, Chairman.
Mr. Mathews, chairman of the Committee ~n Public Li1>rary, submitted the following report:

]Jfr. Speaker:
The Committee on Public Library, have had under con.sideration the following resolution, to-wit:
A resolution to provide for the improvement of the State Library, and for other purposes, which I am instructed to report back, with a recommendation that it do pass, but
. ~nasmuch as it contains an appropriation, that it be recom-
mitted to the Committee on Appropriations.
The committee have also bad under consideration the following bill, which they report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit :
A bill to appropriate $1,500 for purchasing books for the .State Library.
Respectfully submitted.
H. A. MATHEWS, Chairman.
Mr. Dodgen moved to reconsider so mucli of the Journal

140

JouRNAL OF THE HousE.


as relatPs to the action of the House had on yesterday OD>

House Bill No. 75; which motion prevailed and the hilt:

was, upon motion, recommitted to the Committee on Specia!'

Judiciary.

Upon motion, 200 copies of House Bill No. 363 were ordered printed for use of the House.

Upon motion of Mr. Atkinson, of Coweta, Hou>~e Bill No. 210 was made the special order for Tue!lday next, immediately after the reading of the ,Journal.

By request, House Bill No. 355 was rPcommitted to theCommittee on Corporations.

House Bill No. 352 was, by request, recommitted to theCommittee on Special Judiciary.

House Bill No. 126, which was the special order for to-day, was taken up, and, upon motion of Mr. Jones, of Baker, recon~mitted to the Committee on Agriculture.

House Bill No. 186 was taken up for a third reading.

Upon motion of Mr. Candler, the hill was tabled, and two hundred copies of the bill were ordered printed for theuse of the House.

By request, House Bill No. 315 was withdrawn.

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 102, nays 3, to-wit:

A bill to amend section 1977, of the Code of 1882.

The following bill was read the third time; the report of the committee was agreed to.

Upon motion, the same was recommitted to the Committee on Ways and Means, to-wit :

A bill to repeal an act to provide for the correct return. of the property in this State, etc.

House Bill No. 282 was taken up for a third reading; as

THURSDAY, JuLY 18, 1889.

141

-the bill provided for an appropriation, the House resolved itself into a Committee of the Whole. Mr. Harrell, of Webster, was called to the chair.
Mr. Harrell, chairman of the Committee of the Whole House, submitted the following report :

.Mr. Speake1:

The Committee of the Whole House have had under consideration House Bill No. 282, which they instruct me to report back, with the recommendation that the same do pass.

The bill was then read the third time; the report of the committee was agreed to, and as the bill contained an appropriation, the yeas and nays were called upon the pass.age of the bill.

Upon the call of the roll of the House, the vote was as :follows:

Those voting in the affirmative were Messrs.-.

.Albritton, .Alexander, .Atkinson of Coweta, Bates, Bell, .Berner, Boont:, Brady, Brewton, Brown, Bush. Buxton, Calvin, Campbell Carithers,' .Carlton, Champion, -Chew, Clements, Clifton, Crenshaw, -<Jrowder, Daniei,

Hall,

Mcintyre,

Hallidaj-,

Means,

Ham,

Mitchell of Pike,

Hand,

Mitchell of Spalding,

Harper,

Mobley,

Harrell of Decatur, Montgomery,

Harrell of Webster, Morgan,

Harris,

Mustin,

Hart,

Olive,

Herrington,

Oliver,

'Hill of Meriwether, O'Neill,

Hobbs,

Patterson,

Hood,

Rawls,

Hooks.

Reid,

Howell,

Reilly,

Humphreys of Brooks, Speer,

Humphries of Screven, Sims of Wilkes,

Huey.

Singleton,

Huff,

Skelton,

Hyers,

Smith of Calhoun,-

Jenkins of Harris, Smith of Gwinnett,

Johnston of Campbell, Smith of Wilkinson,

Johnson of Crawford, Snelson,

142

JouRNAL oF THE HousE.

Davis of Burke, DeLacy, Dennard, Dodgen, Duggan, Dugger, Fain, Fleming, Flynt, Foute, Francis, Frazer, Gallaway, Gilbert, Goodman, Gordon, Griffin, Hardeman, Hardage,

Johnson of Floyd, .Johnson of Jones, Johnson of Clinch, Jones of Chattooga, Kimble, Kendrick, King, Knight, Lamar, Lang, Latham, Lawson, Lewis, Mathews, Maxwell, McDonald, McDaniel, McCalla, McCook,

Stokes, Tanner, Tigner, Turner, Tyson, Twitty, Tuck. Vandever, Veazey, Venable. Walker, Ward, Warren, West, Whitaker, Williams of Appling_ Williams of Telfair, Williams of Upson, Wright.

Those voting in the negative were Messrs.-

Allred, Arnold, Church,

Coggins, Fricks, Gholston,

Lolley, Tatum, Taylor.

Those not voting were Messrs.-

Alderman,

Heery,

Arnheim,

Hill of Wilkes.

Atkinson of Butts, Holtzclaw,

Atkinson of Columbia, Holden,

Callaway,

Jenkins of Johnson,

Candler,

Johnson of DeKalb,

Clarl;.,

Jones of Baker,

Collier,

Jones of Coweta,

Davie,

Kitchens,

Davis of Elbert,

McArthur,

Felton,

Mclnms,

Gamble,

Mciver,

Glenn,

Morris,

Gunter,

Murray, Park, Peacock, Perry, Postell, Rankin, Simmons, Sims of Lincoln, Smith of Decatur, Snead, Tarver, Thurman, Mr. Speaker.

Yeas 126. Nays 9. Not voting 40.

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

A bill to appropriate the sum of fifteen thousand dollars for a dormitory at the Blind Academy, in Macon.

THURSDAY, JULY 18, 1889.

143

House Bill No. 289 waR taken up for a third reading, which was, upon motion, tabled.
House Bill No. 295 was taken up for a third reading. As the bill provided for an appropriation, the Ho'use resolved itself into a Committee of the Whole.
Mr. Rawls 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 House Bill No. 295, which they instruct me to report back to the House, with the recommendation that the bill be withdrawn.
Upon motion, House Bill No. 295, was withdrawn.
The following bill was read the third time ; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 102, nays 0, to-wit:
A bill to change the time of holding the spring term of t~e Superior Court of Crawford county.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following hill of the Senate, by the requisite constitutional majority, to-wit:
A bill to exempt toll bridgeR from taxation, in certain cases, by a vote of yeas 32, nays 0.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
The Senate has passed tlie following Senate bills by the requisite constitutional majority, to-wit:

144

JouRNAL oF THE HousE.

A bill to prohibit the sale, furnishing, giving or providing to minors of cigarettes, tobacco or cigarett~ paper, or any substitute therefor; yeas 35, nays 0.
Also, a bill to repeal section 359 of the Code of Georgia; y~as 30, nays 0.
Also, a bill to amend section 4206 of the Code, so as to authorize special verdicts on the facts in all civil cases; yeas 29, nays 0.
Also, a bill to prescribe the mode of establishing rules for the government of persons confined in the common jails of this State; yeas 33, nays 0.
Also, a bill to fix with certainty on the dockets the places of cases in which new trials are granted by the Supreme Court; yeas 33, nays 0.
Also, a bill to prohibit the sale of spirituous liquors within four miles of Stripling Chapel Methodist Church; within four miles of Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll county, Ga.; yeas 36, nays 0.
The Senate has also passed, as amended, the following bill of the House, by the requisite constitutional majority, to-wit:
A bill to prohibit the sale of spirituous liquors to any person who is at the time intvxicated or drunk; to prescribe a penalty for its violation, and for other purposes; yeas 33, nays 0.
Also, the Senate has concurred in the following House resolutions, to-wit:
A resolution for the relief of the Equitable Life Assurance Society of the United States.
Also, a resolution appointing a joint committee to examine into the work done by the Geological Bureau and report what action should be taken by rhe General Assembly, and has appointed a!> committee on part of the Senat.e, Messrs. Ballard, Trammell and Hall.

THURSDAY, JULY 18, 1889.

145

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

Jfr. Speaker:
The Senate has passed the following Senate bills, by the requisite constitutional majority, to-wit :
A bill tu incorporate the Richmond County Belt Line Railway Company, and for other purposes, by a vote of yeas 2.5, nays 0.
Also, a bill to prohibit the sale of seed cotton in the counties of Baldwin and Hanis, from the 15th of August to the 15th of December, ot each year, by a vote of yeas 27, nays 0.
Also, a bill to amend sub-division 10 of section 10 of the act, approved December 26, 1888, entitled an act to levy and collect a tax for the support of the State Government and Puhlic Institutions, for the fiscal years 1889 and 1890, by a vote of yeas 26, nays 0.
Also, a bill to amend the act incorporating the Albany Street Railroad Company, by a vote of yeas 28, nays 0.
Also, a bill to require the owners of horses, _cows, mules, sheep, goats, hogs, and stock of all kinds, to keep the same from running at large upon the lands of another within the 1196th, Florida, and 1197th, Bumbleton, Districts, G. M., Quitman county, hy a vote of yeas 28, nays 0.
Also, a bill to incorporate the Collins Park and Belt Railroad Company, by a vote of yeas 29, nays 0.
. Also, a resolution tendering use of new Capitol building to Citizens' Committee on Public Reception for August 8, 1889.
The Senate has also passed the following bills of the House, by the requisite constitutional majority, to-wit:
1\. bill to prohibit the sale or manufacture of spitituous liquors, within a radius of five miles of New Hope M.etho-
10

146

JouRNAL OF THE HousE.

dist Episcopal Church, South, in the county of Carroll, by a vote of yeas 26, nays 0.
Also, a bill to amend section 493 (c) of the Code of 1882, by a vote of yeas 25, nays 0.
Also, a bill to consolidate, amend and supersede the acts incorporating the town of Thompson in the county of McDuffie, by a vote of yeas 26, nays 0.
Also, a bill to prohibit the sale of spirituous liquors within a radius of three miles of Pleasant View Church, in the eounty of Carroll, by a vote of yeas 27, nays 0.
Also, a bill to amend section 3910 (f) of the Code of 1882, by a vote of yeas 29, nays 0.
Also, a bill to incorporate the town of Colquitt, in the county of Miller, by a vote of yeas 26, nays 0.
Also, a bill to abolish the County Court of McDuffie county, by a vote of yeas 28, nays 0.
House Bill .No. 308 was taken up for a third reading. As the same provided for an app{opriation, the Ho~use resolved itself into a Committee of the Whole.
Mr. Smith, of Gwinnett, was called to the chair.
Mr. Smith, of Gwinnett, chairman of the Committeee of the Whole House, submitted the following report:

Mr. Speake1 :
The Committee of the Whole House have had under consideration House Bill No. 308, which they instruct me to report back, with the recommendation that the same do pass.
The bill was 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 bill provided for an appropriation.
Upon the call of the toll of the House, the vote was as follows:

THURSDAY, JuLY 1~, 1889.

147

Those voting in the affirmative were Messrs.-

Alderman, Alexander, Bell, Berner, Boone, Brady, Brewton, Buxton, Callaway, Calvin, Campbell, Candler, Carlton, Champion, Chew, Clark, Clement:.;, Clifton, Coggins, Crenshaw, Crowder, Davie, Davis of Burke, DeLacy, Dennard, Duggan, Fain, Fleming; Flynt, Fonte, Francis, Frazer, Fricks, Gallaway. Gamble,

Gholston,

}litchell of Pike,

Gilbert,

Mobley,

Glenn,

Montgomery,

Gordon.

Morgan,

Hardeman,

Mustin,

Hardage,

Olive,

Halliday,

Oliver,

Ham,

O'Neill,

Hand,

Park,

Harrell of Decatur, Patterson,

Harrell of Webster, Rawls,

Hart,

Reid,

Holtzclaw,

Reilly,

Hood,

Speer,

Humphreys of Brooks, Simmons,

Humphries of Scteven, Sims of Lincoln,

Huey,

Sims of Wilkes,

Hyers,

Skelton,

Jenkins of Harris,

Smith of Calhoun,

Johnston of Campbell, Smith of Gwinneit,

Johnson of Crawford, Smith of Wilkinson,

,Johnson of Floyd,

Snelson,

Johnson of Jones,

Tigner,

Jones of Chattooga, Turner.

Jones of Coweta,

Tyson,

Kimble,

Tuck,

Kendrick,

Vandever,

Lamar,

Veazey,

Lofley,

Ward,

Mathews,

Warren,

McDonald,

West,

McDaniel,

Whitaker,

McCalla.

Willian.s of 'l'elfair,

Mcintyre.

Williams of Upson,

Means.

Wright.

Those voting in the negative were Messrs.-

Allred,

Goodman,

Arnold,

Harper,

Atkinson of Columbia, Herrington,

Bates,

Hill of Meriwether,

Brown,

Hobbs.

Bush,

Johnson of ()linch,

Carithers,

Jones of Baker,

Daniel,

Kin~,

Latham, Lewis, Maxwell, McCook, Mitchell of Spalding, Morris,
Murra~,
Tatum,

148

JouRNAJ, OF THE HousE.

Dodgen, Dugger,

Knight, Lang,

Taylor, Walker.

Those not voting were Messrs.-

Albritton, Arnheim, Atkinson of Butts, Atkinson of Coweta, Church, Collier, Davis of Elbert, Felton, Griffin, Gunter, Hall, Harris, Heery, Hill of Wilkes,

Holden, Hooks, Howell, Huff, Jenkins of Johnson, Johnson of DeKalb, Kitchens, Lawson, McArthur, Mcinnis, Mciver. Peacock, Perry,

Postell, Rankin, Singleton, Smith of Decatur. Snead, Stokes, Tanner, Tarver, Thurman, Twitty, Venable, Williams of Applin~. Mr Speaker.

Yeas 106. Nays 30. Not voting 39.

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

A bill to provide for the completion of a Roster of Georgia Troops in the Confederate Army; to appropriate a sum of money sufficient for that purpose, an.-l for other purposes.

By request of the Committee on .Enrollment, Messrs. Murray, Hall and Campbell were added to said committee.

The Speaker announced theJollowing named members as committee on the Geological Resolution, to-wit: Messrs. Johnson of Campbell, Smith of Gwinnett, Howell, Rankin and Park.

Mr. Hill, of Meriwether, 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, with the recommendatioJJ that they do pass, to-wit:

A bill entitled an act to provide for the registration of

THURSDAY, JuLY 18, 1889.

149

the qualified voters of Mitchell county, and to provide for carrying the same into effect, and for other purposes.
Also, a bill entitled an act to prevent the running at large upon the lands of another, whether enclosed or unenclosed, in the i31st district, G. M., Clay county, Ga., of all horses, mules, cows, etc., and for other purposes.
Also, a bill to be entitled an act to alter and amend the road laws of this State so far as relate to the county of Charlton; to authorize the election of Commis~ioners therefor; to define their powers and duties; to authorize the payment of a commutation tax in lieu of road working; to apply said taxes to the benefit of the roads in the respective militia districts in which they have been collected, and for other purposes therein named.
Respectfully submitted. H. W. HILL, Chairman.

Mr. Berner, chairman of the Committee on General J udiciary, submitted the following report:
Mr. tSpeaker :
The Committee on General Judiciary bave bad under consideration the following bills, which they instruct me to report back, with the recommendation that they do pass, to-wit:
A bill to amend paragraph 2 of section 18, of article 6, of the Constitution, so as to abolish all distinction between the classes of persons who shall serve as grand jurors.
Also, the following bills, which they instruct me to report back, with the recommendation that they do not pass, to-wit:
A bill to amend section 2544 of the Code, relating to investments by administrators, and to make the same applicabl> to executors, guardians, etc., and for other purposes.
Also, a bill to be entitled an act to exempt all persons

150

JouRNAL oF THg Hot.~:>E.

engaged in undertaking, from jury duty, in all the courts of this State.
Respectfully submitted.
RoBT. L. BER.NER, Chairman.
Mr. Rankin, chairman of the Committee on toe Western and Atlantic Railroad, submitted the following report:

Mr. Speaker:
The Committee on the western and Atlantic Railroad have had under <>onsideration House Bill No. 65, which is a bill to be entitled an act authorizing the Governor to lease the Western and Atlantic Railroad, and for other purposes, which I am instructed to report back to the House, with the recommendation that it do pass bv substitute.
Respectfully submitted. W. R. RANKIN, Chairman.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speaker:
I have been directed by the Governor to deliver to the House of Representatives a communicatim in writing, towit:
ExECUTIVE DEPARTMENT, Atlanta, Ga., July 17, 18R9.
To the Senate and House of Representatives : The experiPnce of the Executive Department in the
administration of the law, extending aid to disabled exConfederate soldiers, induces me to suggest some amendment to the statute. Up to this time payments for this year have been made to 2;490 applicants, amounting to an aggregate sum of $154,000. Others are applying, and many more will doubtless be allowed. The department has been compelled, by the terms ot the law, to refuse a large number of applicants whose proofs did not meet the

THURSDAY, JULY 18, 1889.

151

requirement~ of the statute. In many instances these applicants were not less meritorious, and far more necessitous than some whose cases come distinctly within the provisions of the law. Such cases have taxed the sensibilities of those charged with the execution of the act, to a degree which can only be appreciated by those who have witne11sed the disappointment and distress of applicants who, confidently believing in the justice of their claims upon the State, have been necessarily turned away without its bounty. Charged with its administration, I am impressed with the belief that the restrictive clauses of the present law exclude from its benefits many who richly deserve the State's benefaction. I am, therefore, impelled by a commanding se.;~se of duty to earnestly recommend such amendment in this regard as both gratitude and honor demand, and as you in your wisdom may deem proper to enact. Although a quarter of a century of stirring and momentous events has passed since they laid down their arms, you have not forgotten, nor will you forget that host of great hearted men who rallied at the call ot the State, and lost in her service the power of self support. Wide-spread desolation, wrought by the war, prevented, for a time, any adequate provision by the State for her maimed and disabled heroes. But thanks to a benignant Providence and the recuperative energies of her people, Georgia is no longer unable to discharge, in some degree, at least, her obligations to the men who so bravely responded to her summons, and have so patiently waited for some proper recognition of their l'ervices and sufferings. But there is another class-the widows and orphans of our dead soldiers, and who have been deprived both of their natural protectors and the means of support, and whose cases are therefore commended with special emphasis to your thoughtful consideration and sense of justice. Inasmuch as an amendment to the ConstitutiOn will be necessary, in order to bring them within. the perview of the statutes, provision, I respectfully and most earnestly urge that the present General Assembly in-

152

JouRNAL oF THE HousE.

aue:urate this movement without delay. It requires no argument to estab-lish the justice of these claims. Inability to pay has heretofore been the State's justification. This inability no longer. exists. Considering the State's available and convertible assets, her public debt is nothing. I..et us then prepare to discharge, without further postponement, this debt of honor-as sacred an obligation as ever rested upon an enlightened and Christian people.
J. B. GoRDON.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker- :
The Committee on Railroads have had under consideration a bill to amend the charter of the Savannah, Americus and Montgomery Railroad Company, which it reports back, with the recommendation that it do pass, as amended.
Also, a bill to incorporate the Melon Belt Railroad Company, of Brooks county, which it report., back, with the recommendation that it do pass, as amended.
Also, a bill to provide for jurisdiction and suits against any person, firm or corporation engaged in saw-milling, or other business in which tramways or railroads are used, and pass Into any county other than the residence of such person, etc., which it reports back, with the recommendation that it be referred to the Committee on General Judiciary.
Respectfully submitted. CLARK HowELL, 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 Speaker of the House and President of the Senate, the following acts, to-wit :
An act to consolidate, amend and supersede the acts in-

THURSDAY, JuLY 18, 1889.

153

-corporating the town of Thompson, in the county of McDuffie.
Also, an act to repeal an act entitled an act to create a County Court in each county in this State, except certain Counties therein named, so far as the same applies to the county of McDuffie.
Also, an act to incorporate the town of Colquitt, in the county of Miller.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Fonte, 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 direct me to report back to the House, with the recommendation that they do :pass, to-wit :
A bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county.
Also, a bill to prohibit the sale of ;;pirituous, vinous, alcoholic or malt liquors within four miles of Temple Metho- dist Church, in Carroll C'Ounty.
Also, the following bill, which they direct me to report back to the House, with the recommendation that it do not pass, to-wit :
A bill to prohibit the manufacture or sale of spirituous, vinous, malt or other intoxicating liquors in the county of .Carroll, and for other purposes.
Respectfully submitted. A. M. FouTE, Chairman.
Mr. Brady, chairman of the Committee on Agriculture, ~ubmitted the following report:
Mr. Speaker:
The Committee on Agriculture have bad under consid-

154

JouRNAL OF THF. HousH.

eration the following bill, which they instruct me to report back to the House, with a recommendation that it do pass,. to-wit:
A bill to prohibit the sale of seed cotton in the county of Washington, from the first day of August to the 24th day of December, in each year, and to provide penalties for the violdtion of the same.
A Iso, a bill to be entitled an act to better protect the lands and farming inte1ests of the 737th District, G. M.,. (known as Daviston District), of Taylor county, and tor other purposes, which they recommend do not pass.
Respectfully submitted. W. BRADY, Chairman.
Mr. Dodgen, chairman of the Committee on Labor and Labor Statistics, submitted the following report:

Mr. Speaker.
The Committee on Labor and Labor Statistics have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to fix and regulate hours of labor in all cotton, woolen and other manufacturing establishments in this State, and to provide remedief". for violation of the same.
Respectfully submitted. J. A DoDGEN, Chairman.
Mr. Lawson, chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which thPy recommend do pass, to-wit:
House Bill No. 45~, to incorporate the town of Parrott, in, the county of Terrell.

THURSDAY, JULY 18, 1889.

155

Also, bill No. 483, to amend the act incorporating the town of Eastman.
Also, bills Nos. 485 and 486, to amend the act incorporating the town of Chauncy.

Also, bill No. 487, to extend the corporate limits of the town of Eastman.

Also, the following bills, which they recommend do pass,
.. with amendments herewith submitted, to-wit: Bill No. 362, to incorporate the town of Shady Dale, in Jasper county.

Also, bill No. 389, to amend the charter of Tybee.

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

Bill No. 267, to regulate the issue of mortgage bonds by

corporation.

\..

Also, bill No. 272, to amend the charter of the city of

Rome, so as to create a levee commission.

Also, bill No. 452, to incorporate the Georgia Phalma-

cutical Association, which they recommend be read the

second time, and referred to the Committee on Hygiene and

Sanitation.

Respectfully submitted. THos. G. LAWSON, Chairman.

By unanimous consent, the following Senate bills were read the first time, and appropriately referred, to-wit :
By Mr. Fitzgerald, of the 12th DistrictA bill to require the owners of horses, cows, mules,
sheep, goat!', hogs and stock of all kinds to keep the same from running at large upon the lands of another within the 1196th and 1197th Districts, G. M., QuitmaQ county, etc.
Referred to Committee on Counties and County Matters
. By Mr. Wooten, of the 9th DistrictA bill to exempt toll bridges from taxation in certain
cases. Referred to Committee on Counties and County Matters.

156

JouRNAL OF THE HousE.

By Nh. Folk, of the 5th DistrictA bill to incorporate the South Georgia Bank of Way-
cross. Referred to Committee on Banks.
House Bill No. 177 was recommitted to Committee on Ways and Means.
By reque<;t, House Bill No. 618 was recommitted to Joint Committee on Geological Survey.
fhe following bill was read dte third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 118, nays 0, to-wit:
A bill to incorporate the Brunswick Savings' and Trust Company.
By request, House Bill No. 580 was withdrawn.
By request, the following named members were added to Committee on Penitentiary, to-wit: Messrs. Clements, Holder, Johnson of Floyd, Dodgen, Speer, Campbell, Kimble, Jenkins of Harris, Johnson of Campbell.
The Committee on Penitentiary was granted leave of absence until Monday next.
The following resolution by Mr. Bush, of Miller, was read and referred to the Committee on Public Property, to-wit:
WHEREAS, The citizetis of Atlanta have .expressed a desire to have some public demonstration in honor of the completion and opening of the new Capitol, looking to a general reception of the whole people ; therefore be it
Resolved, by the House of Representatives, the Senate concurring, That the use of the Capitol is hereby tendered to the citizens of Atlanta at such time as they may appoint for such public reception as they may desire.
By unanimous consent, the following Senate bill was read the first time and referred to the Committee on Banks, to-wit:

THURSDAY, JULY 18, 1889.

157

By Mr. Hall, of the 26th DistrictA bill to confer the powers of a Savings' Bank, Invest-
ment and Loan and Trust Company, upon the Farm~rs' Co-operative Manufacturing Company, of Spalding county.

By unanimous consent, the following bill was introduced, read the first time, aud referred to the Committee on Railroads.

By Mr. Fonte, of BartowA bill to incorporate tlte Fairmount Valley Railroad
Company.

Upon motion of Mr. Rankin, three hundred copies of
the substitute proposed by the Committee on the 'Vestern
and Atlantic Railroad for House Bill No. 65, were ordered printed for the use of the House, and that the bill be made the special order for Thursday next, immediately after the reading of the Journal.

Upon motion of Mr. Lofley, the message from His Excellency, the Governor, was taken up and read.

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

the committee was agreed to; the proper legal proofs exhib-

ited, and the bill passed by the requisite constitutional ma-

jority, yeas 88, nays 1, to-wit:



A bill to prohibit the making or selling of intoxicating liquors within three miles of Nails Creek Baptist Church, in Banks county, in this ~tate.

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 95, nays 0, to-wit:

A bill to incorporate the Georgia Loan and Banking Company.

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

Resolved, That the Governor's Message be referred to a

158

JouRNAL OF THE HousE.

special committee of twenty-five, to be selected by the Speaker.
Upon motion, House Bill No. 345 was recommitted to Committee on Railroads.
House Bill No. 357 was taken up for a third reading, and the same was, upon motion~ 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 89, nays 0, to-wit:
A bill to relieve Captain J. M. Barnes, of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Thomson, January 19, 1887, and for other purposes.
House Bill No. 370 was taken up for a third reading, and, upon motion, the bill was tabled.
By request, House Bill No. 316 was withdrawn.
House Bill No. 374 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; 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 section 4, of an act incorporating the Oglethorpe Savings and Tmst Company, approved December 18, 1886.
The following bill was read the third time; the report of the committee was agreed to, as amended; the proper legal proofs exhibited, am1 the bill passed, as amended, by the requisite constitutional majority, yeas 98, nays U, to-wit:
A hill to incorporate the Chatham Dime Savings Bank. Leave of absence was granted to the following members, to-wit: Messrs. Halliday, Bush, Fain and Williams of Telfair. The hout of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

FRIDAY, JuLY 19, 1889.

159

ATLANTA, GEORGIA,
Friday, July 19, 1889.

The House met pursuant to adjournment; called to order by the Speaker pro te:m., and opened with prayer by the Rev. Mr. Jones.

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

Those present were Messrs.-

.Alderman,

Hardage,

:Mobley,

.Allred,

Hall,

Montgomery,

.Alexander,

Ham,

Morgan,

Arnold.

Hand,

Morris,

.Atkinson of Columbia, Harper.

Murray,

Atkinson of Coweta, Harrell of Decatur, Mustin,

Bates,

Harris.

Olive,

Bell,

Herrington,

Oliver,

Berner,

Hill of Meriwether, O'Neill,

Boone,

Hill of Wilkes,

Park,

Brady,

Hobbs,

Patterson,

Brewton,

Holtzclaw,

Peacock,

Brown,

Hood,

Perry,

-callaway,

Howell,

Postell,

Calvin,

Humphreys of Brooks, Rankin,

Candler,

Humphries of Screven, Rawls,

Carithers,

Huey,

Reid,

<Jarlton,

Huff,

Reilly,

Champion,

Jenkins of Harris,

Simmons,

<Jlark,

Jenkins of Johnsdn, Sims of Wilkes,

.Clifton,

Johnson of Crawford, Singleton,

<Jollier,

J ohnsbn of Jones,

Skelton,

-crowder,

,Johnson of Clinch, Smith of Wilkinson,

.Daniel,

Jones of Chattooga, Snead,

Davie,

Jones of Coweta,

Snelson,

Davis of Burke;

Kimble,

Stokes,

Davis of Elbert,

Kendrick,

Tanner,

DeLacy,

King,

Taylor,

Duggan,

Kitchens,

Thurman,

Dugger,

Knight,

Tigner,

Felton,

Lamar,

Turner,

Fleming,

Lang,

Tyson,

Flynt,

Latham,

Twitty,

Fonte,

Lawson,

Tuck,

Francis,

Lewis,

Vandever,

Fricks,

Lofley,

Veazey,

160

JouRNAL l'F THE HousE.

Uallaway, Gamble. Gilbert, Glenn. Goodman, Gordon, Griffin, Gunter, Hardeman,

Maxwell, McArthur, McDaniel, McCalla, Mcinnis, Mcintyre, Means, Mitchell of Pike, Mitchell of Spalding,

Venable. V\-'ard, Warren, West, Whitaker, Williams of Appling~ Wright, :Mr. Speaker.

Those absent were Messrs.-

Albritton, Arnheim, Atkinson of Butts, Bush, Buxton, Campbell, Chew, Church, Clements, Coggins, Crenshaw, Dennard, Dodgen, Fain,

Frazer,

McDonald,

Gholston,

)lcCook,

Halliday,

Mciver,

Harrell of Webster, Speer,

Hart,

Sims of Lincoln,

Beery,

Smith of Calhoun,

Holden,

Smith of Decatur,

Hooks,

Smith of Gwinnett,

Hyers,

Tarver,

J<Jhnston of Campbell, Tatum,

Johnson of DeKalb, Walker,

Johnson of Floyd,

Willia~s of Telfair,

Jones of Baker,

V\-'illiams of Upson.

Mathews,

Mr. Brown, of the Committee on Journals, reportedl that the Journal had been examined and approved.

The Journal was then read and confirmed.
Leave of absence was granted to the following members~ to-wit: Messrs. Hart, Harrell of Webster, and McDonald.

Upon motion of Mr. Lewis, of Hancock, all applications for leaYe of absence were deferred until the hour ol adjournment.

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

Mr. Speaker:
The Committee on Counties and County Matters havehad under consideration the following House bills, which they recommend do pass, to-wit:
A bill for the protection of game in the county of Burke~

FRiDAY, JULY 19, 1889.

161

Also, a bill to prohibit the sale of farm products in the county of Spalding between sundown and sunrise, etc.
Also, the following Senate bills, which they recommend <lo pass, to-wit:
A bill to require the owners of horses, cows, mules, sheep -and stock of all kinds, to keep the same from running at large upon the lands of another, within the 1196th and 1197th districts, Quitman county, etc.
Also, a bill to exempt toll bridges from taxation in certain cases.
Respectfully submitted. H. W. HILL, Chairman.
Mr. Berner, chairman of the Committee on General Judiciary, begs leave to make the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bills, which they instruct me to report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to authorize and empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah to the Savannah Volunteel Guards, a military corporation under the laws of Georgia, of the city of Savannah, of eight feet of the pavement on the South <>ide of President street, between Whitahr street and Wright square, in the city of Savannah; saia eight feet to be added to and made a part of lot letter G, in Perceval ward, and to be used in the erection of the arsenal, and for other purposes.
Also, a bill to be entitled an act to transfer and change the county of Dooly from the Oconee Judicial Circuit to tlte South Western, and for other purposes.
Respectfully submitted; ROBERT L. BERNER, Chairman.
11

162

JouRNAL OF THE HousE.

:Mr. Gordon, cJ!airman of the Committee on Appropriations, submitted the following report:

. Mr. Speaker:
The Committee on Appropriations have had under consideration the following resolution, which they have instructed me to report back to the House, with a recommendation that it do pass, by substitute, to-wit:
A resolution increasing the compensation of the Chaplains of the Senate and the House.
Respectfully submitted. WILLIA~I W. GoRDON, Chairman.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have h!l.d under consideration the following bill, to-wit:
A bill to amend an act to incorporate the Waco and Bowden Railroad Company, which they report back, with the recommendation that it do pass as amended.
Respectfully submitted. Cr.ARK HowELL, Chairman.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following House bill by the requisite constitutional majority, to-wit:
A bill to authorize the Mayor and Council of the town of Monticello, to issue bonds and provide for the payment of the same ; yeas 30, nays 0.
The Senate has also adopted the following resolutions, and asks the concurrence of the House therein, to-wit:
A resolution to appoint a joint committee to see why the ~levator is not rnn.

FRIDAY, JuLY 19, 1889.

163

Also, a resolution requesting the House of Representatives to return to the Senate, Senate Bill No. 29.

Mr. Candler, chairman of the Committee on Education,

submitted the following report:



Mr. Speaker:
The Committee on Education have had under consideration House Bill No. 311, which is a bill to be entitled an act to create a public school system in the town of Forsyth, and I am directed to report the same back to the House, with the recommendation that it do pass by substitute.
Respectfully submitted. C. M. CANDLF.R, Chairman.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speake':
The Senate has passed the following hill of the House of Representatives, by the requisite constitutional majority, yeas 25, nays 0, to-wit :
A bill for the relief of Samuel Morgan, one of the sureties on the bond of the Bank of Rome, as a State depository, and I am instructed to transmit the same to the House of Representatives at once.
By unanimous consent, the regular order of business, which was the call of the roll for introduction of new matter, was dispensed with, and all members having bills for introduction, were allowed to send them to the Clerk's desk, when the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. O'Neill, of FultonA bill to amend section 39 I 0 (b) of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Howell, of FultonA bill to modify and amend an act to incorporate the
Alabama and Atlanta Railway. Referred to Committee on Railroads.

164

JouRNAL oF THE HousE.

By Mr. O'Neill, of FultonA bill to amend an act incorporating the Home Lo~tn
and Banking Company of Atlanta. Referred to Committee on Banks.

By Mr. Jones, of Chattooga-

A bill to repeal the present road laws of Chattooga

\

county.

Referred to Committee on Counties and County Matte1s.

Also, a bill to prol1ibit the sale or barter of spirituous, malt or intoxicating liquors, within a radius of three miles of Subligna Academy and Subligna Church, in the county of Chattooga.
Referred to Committee on Temperance.

By Mr. Calvin, of RichmondA bill to establish Farmers' Institutes in this State; to
provide fur the management of the same ; to make an annual appropriation for the support of the same, etc.
Referred to.Committee on Agriculture.

Also, a bill to amend section 1465 (h) of the Code fJf 1882.
Referred to Committee on Agriculture.

Also, a bill to amend item 12 of section 920 of the Code of 1882.
Referred to Committee on Agriculture.

By Mr. Herrington, of EmanuelA bill to amend paragraph 1, section I, of article 7, of
the Constitution, so as to pension Confederate Soldiers and their widows, instead of furnishing artificial limbs.
Referred to Committee on General .Judiciary.
Also, a bill to make drunkenness a crime and to prescribe punishment for the same.
Referred to Committee on General ,T udiciary.
By Mr. Reilly, of ChathamA. bill to authorize and empower, ratify and confirm, the
granting by the Mayor and Aldermen of the city of Savannah, to Andrew Hanly, of eight (8) feet of and from

FRIDAY, JuLY 19, 1889.

165

the South side of President street, between Whitaker street and St. James square, in said city of Savannah, etc.
Referred to Committee on General Judiciary.
By Mr. McDaniel, of CarrollA bill to make Bowden College abranch of the U nivet-
sity of Georgia, and for other purposes. Referred to Committee on Appropriations.
Also, a bill to protect sheep husbandry and other property in this State by levying a tax on dogs, and for other purposes.
Referred to Committee on Agriculture.
By Mr. Goodman, of BerrienA bill to incorporate the town of Adel, in the county of
Berrien, and for other purposes. Referred to Committee on Corporations.
By Mr. Tanner, ot CoffeeA bill to provide for the registration of all qualified
voters of the county of Coffee, and for other purposes. Referred to Committee on Counties and County Matters.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Coffee, and for otl!er purposes.
Referred to Committee on Counties and County MattE:>rs.
By Mr. O'Neill, of FultonA bill to create a Board of Health for the State of Geor-
gia, and provide a sub-board in each of the counties thereof, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Mr. Hooks, of LeeA bill to repeal an act to prohibit the sale or furnishing
spirituous liquors or other intoxicating liquors in Smithville, Lee county, Ga.
Referre1l to Committee on Counties anJ County Matters.
By Mr. Twitty, of JacksonA bill to declare all obligation!:! to pay attorney fees,
upon any note or other evidence of indebtedness void, and

166

JouRNAl, OF THE HousE.

of no effect, unless a plea or pleas be filed by the defendant and sustained.
Referred to Committee on Agriculture.
By Mr. Veazey, of WarrenA bill to require and provide for the registration of all
voters in the county of Wat-ren, and for other purposes. Referred to Committee on Counties and County Matters
By Mr. Mcintyre, of ThomasA bill to amend, codify, revise and supersede the several
acts incorporating the town of Thomasville. Referred to Committee on Corporations.
By Mr. Harrell, of DecaturA bill to authorize the Governor, Treasurer and Comp-
troller-General, to sell certain property belonging to th{ State, and apply the proceeds thereof to the public debt, etc.
Referred to Committee on Ways and Means.
By Mr. Mitchell, of SpaldingA bill to amend an act incorporating the Griffin, La-
Grange and Western Railroad Company, approved December 27, 1886.
Referred to Committeee on Railroads.
By Mr. Berner, of Monroe (by request)A bill to amend an act to provide for the regulation of
railroad freight and pa~senger tariffs in this State, etc., approved October 14, 1879.
Referred to Committee on Railroads.
By Mr. Postell, of GlynnA bill to incorporate the Turtle River Railroad Com-
pany, and for other purposes. Refetred to Committee on Railroads.
By Mr. Johnson, of ClinchA bill to protect the public roads and bridges in this
State, etc. Referred to Committee on Roads and Bridges.

FRIDAY, JULY 19, 1889.

167

By Mr. Wright, of PolkA bill to incorporate the Commercial Bank of Cedar-
town. Referred to Committee on Banks.

By Mr. Holtzclaw, of HoustonA bill to amend section 3694 of the Code of 1882. Referred to Committee on General Judiciary.

Mr. Lewis, of Hancock, offered the following resolution, to-wit:

Resolved, That when the House adjourns to-day, it adjourns till 9 o'clock, a. m., Monday.

Upon the adoption of the resolution, the yeas and nays were called for, which call wa~ 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 vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman, Alexander, Atkinson of Coweta, Bell, Boone, Brady, Buxton, Calvin, Carithers, Clark, Daniei, Davie, Davis of Burke, Davis of Elbert, Felton, Foute, Francis, Gallaway, Gilbert, Glenn,

Goodman,

Lewis,

Griffin,

McDaniel,

Gunter,

McCalla,

Hardage,

Mclnms,

Ham,

Morris,

Hand,

Mustin,

Harper,

Oliver,

Harrell of Decatur, O'Neill,

Herrington,

Perry,

Holtzclaw,

Postell,

_Hood,

R a w Is,

Howell,

Reid,

Humphries of Screven, Skelton,

Huey,

Tanner,'

Huff,

Taylor,

John.~on of Jones,

Tigner,

Johnson of Clinch, Vandever,

Jones of Chattooga, Veazey,

Jones of Coweta,

Venable.

Knight,

West.

168

JouRNAL oF THE HousE.

Those voting in the negative were Messs.-

Allred,

Hardeman,

Montgomery,

Atkinson of Columbia, Harris,

Murray,

Bates,

Hill of Meriwether, Olive,

Berner,

Humphreys of Brooks, Park,

Brown,

Hyers,

Patterson,

Callaway,

Johnson of Crawford, Rankin,

Candler,

Kendrick,

Reilly,

Carlton,

King,

Simmons.

Clifton,

Lamar,

Sims of Wilkes,

Crowder,

Lang,

Singleton,

DeLacy,

Latham,

Snelson,

Duggan,

Lawson,

Stokes,

Dugger,

Lolley,

Tyson,

Fleming,

Maxwell,

Twitty,

Flynt,

Mcintyre,

Tuck,

Fricks,

Means,

Warren,

Gamble,

Mitchell of Pike,

Wright.

Gordon,

Mitchell of Spalding,

Those not voting were Messrs.-

Albritton, Arnold, Arnheim, Atkinson of Butts, Brewton, Bush, Campbell Champion, Uhew, ()burch, Clements, Coggins, Collier, Crenshaw, Dennard, Dodgen, Fain, Frazer, Gholston, Hall, Halliday,

Harrell of W ehster, )!organ,

Hart,

Peacock,

Heery,

Speer,

Hill of Wilkes.

Sims of Lincoln,

Hobbs,

Smith of Calhoun,

Holden,

Smith of Decatur,

Hooks.

Smith of Gwinnett,

Jenkins of Harris,

Smith of Wilkinson,

.Jenkins of Johnson, Snead,

Johnston of Campbell, Tarver,

Johnson of DeKalb, Tatum,

Johnson of Floyd, Thurman,

J one~ of Baker,

Turner,

Kimble,

Walker,

Kitchens,

Ward,

Mathews,

Whitaker,

McArthur,

Williams of Appling.

McDonald,

Williams of Telfair,

)!cCook,

Williams of Upson,

Mciver,

Mr. Speaker.

!Iobley,

Yeas 60. Nays 5;l, Not voting 62.

So the resolution was agreed to.

Under a suspension of the rules, the following bills were

FRIDAY, JuLY 19, 1889.

169

introduced, read the first time, and appropriately referred, to-wit:
By Mr. Bell, of ForsythA bill to amend section 683 of the Code of 1882. Referred to Committee on General Judiciary.
By Mr. Hardeman, of Bibb_:_ A bill to provide for the canying to and hearing 10 the
Superior Court, of bills of exceptions in cases of persons convicted of capital felonies and felonies J)unished by imprisonment for life.
Referred to Committee on General Judiciary.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:
Jf1-. 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 act, to-wit:.
An act to relieve Samuel Morgan, one of the sureties oru the bond of the Bank of Rome.
Respectfully submitted. IYY W. DuGGA~, Chairman.
The Speaker announc~d the following named membe1s as the committee to whom the Message of the Governor was referred, to-wit: Messrs. Lofley, Foute, Huff, Gordon, Harrell of Decatur, Candler, Rawls, Turner, Rankin, Hart, Duggan, Twitty, Johnson of Jones, Hill of Meriwether, Hand, Berner, Mustin, Calvin, Humphrey's of Brooks, Brady, McDonald, Harrell of Webster, Glenn, Olive.
The following bill wa>;, by unanimous consent, read the second time, to-wit :
A bill for the protection of game in the county of Burke.
The following Senate bills and resolutions were read the firf't time, and appropriately referred, to-wit:
By Mr. Bartlett, of the 22d District-

110

.JouRNAL oF THE HousE.

A resolution tendPring the use of the new Capitol Building to citizen's Committee on Public Reception, for August 8, 1889.
Referred to Committee on Public Property.
By Mr. Massengale, of the 19th DistrictA resolution, inviting Dr. W. A. Candler &nd Dr. G. A.
Nunnally to address the General Assembly on the subject of higher education.
Referred to Committee on Education.
By Mr. Gibson, of the 18th DistrictA bill to incorporate the Richmond County Belt Line
Railway Company, and for other purposes. Referred to Committee on Railroads.
By Mr. Johnson, of the 24th DistrictA bill to authorize the Columbus Southern Railway
Company to extend its line of railroad to the Florida line, etc.
Referred to Committee on Railroads.
By Mr. Williams, of the 25th DistrictA bill to define the rights of landlords; to declare the
effect of certain contracts; to make it penal for any cropper to sell or dispose of crops in certain cases.
Referred to Committee on General Judiciary-
By Mr. Bartlett, of the 22d DistrictA bill to repeal section 359 of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Wooten,. of the 9th DistrictA bill to amend section 4206 of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Whitfield, of the 20th DistrictA bill to prohibit the sale of seed cotton in the county of
Baldwin and the county of Harris, from the 15th day of August to the 15th day of December, of each year.
Referred to Committee on Agriculture.
By Mr. Hall, of the 26th DistrictA bill to amend sub-division 10 of section 10 of the act,

FRIDAY, JuLY 19, 1889.

171

approved December 26, 1888, to levy and collect a tax for the support of the State Government, etc.
Referred to Committee on Ways and Means.
By Mr. Wooten, of the 9th DistrictA bill to amend an act to incorporate the Albany Street
Railroad Company, etc. Referred to Committee on Railroads.
By Mr. Rice, of the 35th DistrictA bill to incorporate the Collins Park and Belt Railroad
Company. Referred to Committee on Railroads.
By Mr. Hall, of the 26th DistrictA bill to prescl'ibe the mode of establishing rules for thE'
government of persons confined in common jails of this State, and fur prescribing the punishment for a violation of such rules, etc.
Referred to Com mittee on General Judiciary.
By Mr. Johnson, of the 24th District- A bill to define the boundaries of that part of the city of
Columbus commonly known as the Rose Hill annex, etc. Ordered to be engrossed.
By Mr. Johnson, of the 24th DistrictA bill to prohibit the sale, furnishing, giving or .provid-
ing to minors of cigarettes, tobacco or cigarette paper, or any substitute therefor, etc.
Referred to Committee on Hygiene and Sanitation.
By Mr. Wooten, of the 9th DistrictA bill to fix with certainty on the dockets the p!aces of
cases in which new trials are granted by the Supreme Court.
Referred to Committee on General Judiciary.
The following Senate bills were read the second time, to-wit:
A bill to require the owners of horses, cows, mules and stock of all kinds to keep the same from running at large

172

JouRNAL oF THE HousE.

upon the lands of another within the 1196th and '1197tb Districts, G. M., in Quitman county.

Also, a bill to exempt toll bridges from taxation in certain cases.

Also, a bill to provide for jurisdiction and suits against any petson, firm or corporation engaged in saw milling or other business in which tramways or railroads are used, etc.

The following Senate resolutions were read and concurred in, to-wit:

By Mr. Lyle, of the 27th DistrictA resolution requesting the House to return Senate Bill
No. 29.

Also, a resolution to appoint a joint committee to see why the elevator is not run.

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

By ~fr. Tigner, of Muscogee-

.

A bill to regulate the practice in Justice Courts in claim

cases, when execution, issued in another county, are backed

in any county in this State.

Referred to Committee on General Judiciary.

By Mr. Gordon, of ChathamA bill to require per~ons or corporations employing
females in manufacturing, mechanical or mercantile establishments, to provide suitable seats and permit their use hy such females when not necessarily engaged in active duties, etc.
Referred to Committee on Hygiene and Sanitatiou.

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 act, tc-wit :

FRIDAY, JULY 19, 1889.

173

An act to consolidate, amend and supersede the acts ineorporating the town of Thompson, in the county of McDuffie.
Respectfully submitted. IvY "\V. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

M. 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 resolutions, towit:
A resolution appointing a joint committee to examine into the work done by the Geological Bureau, and report what action should be taken by the General Assembly.
Also, a resolution for the relief of the Equitable Life Assurance Society, of the United States.
ReRpectfully submitted. IvY W. DuGGA~, Chairman.
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 93, nays 0, to-wit:
A bill to amend an act to incorporate the "\Vaco and Bowden Railroad Company.
The following bill was taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to prohibit the sale of spirituous liquors to any person who is at the time intoxicated, etc.
The following Senate bill was read the first time and referred, tn-wit:
By Mr. Sharpe, of the 37th DistrictA bill to prohibit the sale of spirituous, intoxicating or
malt liquors within four miles of Stripling Chapel Meth-

174

JouRNAl, OF THE HousE.

odist ChurC'h or Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, in Carroll county.
Referred to Committee on Temperance.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speak;r:

The Committee on Enrollment reports as duly enrolledr signed by the Speaker of the House and President of the Senate, and delivered to His Excellency, the Governor, the following act, to-wit :

An act to relieve Samuel Morgan, one of the sureties on the bond of the Bank of Rome.
Respectfully submitted. ,
Ivv w. DuGGAN, Chaim1an.

The following bills and resolutions were read the second time, to-wit:

A bill to establish a system of public schools in the city of Conyers.

Also, a bill to alter and amend paragraph 2, of section 18, of article 6, of the Constitution of Georgi~.

Also, a resolution for the relief of Jeff Bell, of Cherokee county.

Also, a resolution increasing the compensation of the Chaplains of the Senate and of the House.

Also, a resolution to provide for the impwvement of the

.

State Library, etc.

Also, a bill to enable holders of railroad mortgages, to

waive the lien of said mortgages in certain cases.

Also, a bill to amend an act to enlarge the jurisdiction of the fJity Court of Savannah.
Also, a bill to create a pt1blic school system in the town of Forsyth.

FRIDAY, JuLY 19, 1889.

175

Also, a bill to require the owners of all horses, mules, cows, sheep, and stock of every description, to keep the same from running at large upon the lands of another within the 105th and 115th Districts, G. M., Baldwin county.
Also, a bill to incorporate the town of Millsville, in the county of Calhoun, etc.
Also, a bill to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
Also, ll bill to extend the time of the charter of the Habersham and Union Turnpike Company.
Also, a bill to transfer and change the county of Dooly from the Oconee to the South western Judicial Circuit.
Also, a bill to authorize and empower, ratify and confirm the granting by the Mayur and Aldermen of the city of Savannah, to the Savannah Volunteer Guards, a military corporation, of eight feet of the pavement on the South side of President street, etc.
Also, a bill to prevent the sale of spirituous liquors within two miles of Salem Baptist Church, iu Cherokee county.
Also, a bill to regulate and define the liability of a person illegally employing the servant, farm laborer, cropper or tenant of another.
Also, a bill to incorporate the Melon Belt Railroad Company.
Also, a bill to incorporate the town of Shady Dale, in Jasper county.
Also, a bill to authorize the Town Council of Camilla to create a debt for school purposes.
Also, a bill to amend an act amending the charter of the town of Tybee, approved December 26, 1888.
Also, a bill to regulate hours of labor in all cotton, woolen or other manufacturing establi~>hments.

176

JouRNAL OF THE HousE.

Also, a bill to prevent the sale or manufacture of spirituous or malt liquors, within three miles ofMt. Olivit Church, in Banks county.
Also, a bill to amend section 10 of an act incorporating the town of Eastman.
Also, a bill to incorporate the South Bound Railroad Company, etc.
Also, a bill to prohibit the putting of fish traps and other obstmctions in the Pat~ula creek, in the counties of StewHrt, Randolph, Quitman and Clay.
Also, a bill to amend section lill of the Code of 1882.
Also, a bill to authorize the establishment of a system of public schools in the town of Decatur.
Also, a bill to amend an act cteating a Boatd of Commissioners of Roads and Revenues for Fulton county, and the acts amendatory thereof.
Also, a hill to amend the charter of the Darien Short Line Railroad Company.
Also, a bill to preYent the running at large, stock of all kinds upon the lands of another in the 43lst District, G. M., in the county of Clay.
Also, a bill to reduce the bond of the Sheriff of Baker county.
Also, a bill to incorpomte the Cumming and \Varsaw Railroad Company.
Also, a bill to incorporate the Waycross Street Railway Company.
Also, a bill to amend the charter of the Savai.nah, Americus and Montgomery Railroad.
Also, a bill to prohibit the sale of seed cotton in the county of \Vashington, from the 1st day of August until the 24th day of December, in each year.
Also, a bill to prohibit fishing, hunting or otherwise tres-

FRIDAY, JULY 19, 1889.

177

passing on the lands of another in the county of Screven, without consent of the owner.
Also, a bill to extend the corporate limits of the town of Eastman.
Also, a bill to amend an act incorporating the town of Chauncey.
Also, a bill to amend sections 10 and 18 of the act incorporating the town of Chauncey.
Also, a bill to incorporate the Georgia Pharmaceutical Association.
Also, a bill to inc01porate the town of Parrott, in Terrell county.
Also; a bill to prohibit the sale of intoxicating liquors within three miles of Midway Methodist Church, in Spalding county.
Also, a bill to prohibit the selling of intoxicating liquors within three miles of Union Baptist Church, in Spalding county.
Also, a bill to incorporate the town of Meigs, in Thomas. county.
Also, a bill to provide for the registration of the qualified voters of Mitchell county.
Also, a bill to abolish the County Court of Jefferson county, etc.
Also, a bill to amend the last '!entence of article 7, section I, paragraph 1 of the Constitution.
Also, a bill to amend an act to create a Board vf Commissioners of Roads and Revenues in Hancock county.
Also, a bill to prohihit the sale of intoxicating l'iquors within three miles of Mineral Bluff Academy, Fannin county.
Also, a bill to incorporate the Planters' Loan and Banking Company.
12

178

JouRNAL oF THE HousE.

Also, a bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county, Georgia.
Also, a bill to amend an act to incorp01ate the Gate City Gas Light Company, approved February 4, 1875.
Also, a bill to amend an act to incorporate the Atlanta Gas Light Company, approved February 16, 1856.
Also, a bill to alter and amend the road laws of tnis State, so far as relates to the county of Charlton, etc.
I
Also, a bill to regulate the compensation of Tax Receiver and Tax Collector and Treasurer of the county of Haralson.
Also, a bill to incorporate the town of Metcalf, m the county of Thomas.
Also, a bill to prohibit the sale of farm products m the county of Spalding between sun-down and sun-rise.
Leave of absence was granted to the following members, to-wit: Messrs. Mitchell of Spalding, Peacock, Carithers, Lawson, McDonald and Holtzclaw.
The House, upon motion, adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, July 22, 1889.

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

Those present were Messrs.-

Allred,

Griffin,

Alexander,

Gunter,

Arnold,

Hardeman,

Atkinson of Columbia, Hardage,

Mciver, Means, Mitchell of Pike, Mitchell of Spalding,

MoNDAY, ,JuLY 22, 1889.

179

Atkinson of Coweta, Bates, Bell, Berner, Boone, Brady, Brewton, Brown, Bush, Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Champion, Chew, Chureh, Clark, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble. Gholston, Gilbert,

Hall,

Montgomery,

Halliday,

Morgan,

Ham,

Morris,

Hand,

Murray,

Harper,

Mustin,

Harrell of Webster, Olive,

Harris,

Oliver,

Hart,

O'Neill,

Herrington,

Park,

Hill of Meriwether, Patterson,

Hill of Wilkes,

Perry,

Hobbs,

Postell,

Holden,

Rankin,

Hood,

Rawls,

Howell,

Reid,

Humphreys of Brooks, Reilly,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Hyers,

Sims of Wilkes,

Jenkins of Harris,

Singleton,

Jenkins of Johnson, Skelton,

Johnston of Campbell, Smith of Calhoun,

Johnson of Crawford, Smith of Gwinnett,

Johnson of Floyd, Smith of Wilkinson,

Johnson of Jones,

Snead,

Johnson of Clinch, Snelson,

Jones of Baker,

Stokes,

Jones of Chattooga, Tanner,

Jones of Coweta,

Taylor,

Kimble,

Thurman,

Kendrick,

Tigner,

King,

Turner,

Kitchens,

Tyson,

Knight,

Twitty,

Lamar,

Tuck,

Lang,

Vandever,

Latham,

Veazey,

Lawson,

Venable,

Lolley,

Walker,

Mathews,

Ward,

Maxwell,

Warren,

McArthur,

West,

McDonald,

Whitaker,

McDaniel,

Williams of Appling.

McCalla,

Williams of Telfair,

McCook,

Williams of Upson,

180

JouRNAL OF THE HousE.

Glenn. Goodman, Gordon,

Mcinnis, Mcintyre,

Wright, M;r. Speaker.

Those absent were Messrs.-

Albritton, Alderman, Arnheim, Atkinson of Butts, Harrell of Decatur,

Heery, Holtzclaw, Hooks, Johnson of DeKalb, Lewis,

)lobley, Peacock, Smith of Decatur, Tarver, Tatum.

Mr. Thurman, chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Albritton, Tatum, Mobley, Holtzclaw, Mitchell of Pike, Lewis, Davis, Harrell of Decatur, Taylor, Alderman, Peacock, Champion, Smith of Gwinnett, Reid, and Mr. Martin, the Door Keeper.

By unanimous consent, the following hill was read the third time; the report of the committee was agreed to as amended, and the bill passed ae amended by the requisite constitutional majority, yeas 93, nays 0, to-wit:

A bill to transfer and change the county of Dooly from the Oconee Judicial Circuit to the South Western Circuit.
The bill was, upon motion, ordered to he immediately transmitted to the Senate.

Under a suspension ot the rules, the following bills were introduced, read the first time, and appropriately referred, to-wit:

By Mr. Callaway, of BaldwinA hill to amend section 943 (a) of the Code of 1882. Referred to Committee on General Judiciary.

By Mr. Tuck, of ClarkeA bill to allow D. M. Aaron, a one-arm citizen of Clarke
county, Ga., to peddle in this State without license. Referred to Committee on Special Judiciary.

MoNDAY, JuLY 22, 1889.

181

Hy Mr. Francis, of WashingtonA bill to a.mend the fee bill of .T ustices of the Peace and
Constables of this State. Referred to Committee on General Judiciary.
Also, a bill to prescribe a mode for the collection of costs
on insolvent fi. fas. in Justices' Comts when, after return of
nulla bona, etc. Referred to Committee on General Judiciary.
By Mr. Thurman, of WalkerA bill to amend an act to incorporate the Chattanooga
Railway Company, etc. Referred to Committee on Railroads.
By Mt. O'Neill, of FultonA bill to incorporate the town of \Valesca, in the county
of Cherokee, and for other purposes. Referred to Committee on Corporations.
The following Senate resolution was read and concurred in, to-wit:
A resolution inviting Dr. Warren A. Candler and Dr. G. A. Nunnally, to address the General Assembly on the subject of" Higher Education."
The following bills were introd;Iced, read the first time, and referred, tv-wit:
By Mr. O'Neill, of FultonA bill to prohibit the sale of spirituous or malt liquors,
within three miles of Reinhardt Normal College, in Cherokee county, in this State.
Referred to Committee on Temperance.
By Mr. McArthur, of MontgomeryA bill to amend the laws of the State relating to fees of
Justices of the Peace, in criminal cases. Referred to Committee on Special Judiciary.
By Mr. Morgan, of PulaskiA bill to regulate the sale of alcohol in the prohibition
coUJlties of this State. Referred to Committee on Tempe1ance.

182

JouR~AL OF THE HousE.

Albo, a bill to amend an act to create a Board of Commissioners of Roads and Revenues of the county of Pulaski.
Referred to Committee on Special Judiciary.
By Mr. Lamar, of RichmondA bill to allow Trust Estates to be cteated and continue
for females. Referred to Committee on General Judiciary.
Also, a bill to provide for the time and mode of perfecting service by publication.
Referred to Committee on General Judiciary.
By Mr. Perry, of GilmerA bill to amend the charter of the town of Ellijay. Referred to Committee on Corporations.
By Mr. 'Varren, of BullochA bill to prohibit hunting and fishing on the lands of
another in the county of Bulloch, without the consent of the owners, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Atkinson, of Columbia (by request)A bill to provide for the payment of the insolvent crim-
inal costs of the Clerk and Sheriff of the Superior Court of the county of Columbi-a, etc.
Referred to Committee on Special Judiciary.
By Mr. Johnson, of ClinchA bill to repeal the ten thousand dollar liquor license of
Clinch county, so far as it pertains to the town of DuPont. Referred to Committee on Temperance.
By Mr. Lamar, of RichmondA bill to authorize parties litigant to dispose of all cases
by consent at the first term when service is perfected, etc. Referred to Committee on General Judiciary.
By Mr. Gordon, of ChathamA bill to require owners of buildings more than two
stories in height, used as factories or work shops, to provide more than on':l way of egress from each story, and for other purposes.
Referred to Committee on Labor and Labor Statistics.

MoNDAY, Jui,Y 22, 1889.

183

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 103, nays 0, to-wit:
A bill to reduce the bond of the Sheriff of Baker county from six to three thousand dollars.
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 requiEite constitutional majority, yeas 96, nays 0, to-wit:
A bill to incorporate the Fort Payne and Eastern Railroad Company.
Senate Bill No. 90 was, by request, recommitted to Committee on Railroads.
Mr. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
The Committee on Special Judiciary have had under consideration the following House bills, to-wit:
A bill to be entitled an act to appropriate the proceeds of the hire of convicts to the payment of the costs accruing to the officers of Court, etc.
Also, a bill to be entitled an act to repeal an act, approved October 6, 1885, entitled an act to provide for two weeks' session of the Superior Court of the county of Marion.
Also, a bill to be entitled an act to amend an act for the protection of game, i.nsectivorous birds and birds of song, for the county of Montgomery.
Also, a bill to he entitled an act to authorize and empower the Mayor and Council of the city of Columbus to make to the Gas Light Company, of Columbus, title to the

184

JouRNAL oF THE HousE.

land in said city, now held and occupied by said company, and for other purposes.

1\.lso, a bill to be entitled an act to establish the County Court of Screven ; to repeal all local conflicting laws, and and .for other purposes.

Also, a bill to be entitled an .act to provide for the registration of th" qualified voters of Pierce county, etc.

Respectfully submi\ted.

J. T. OLIVE, Chairman.

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

Mr. Speaker:
The Committee on Education have had undet consideration Senate joint resolution No. 26, inviting Drs. Candler and Nunnally to address the General Assembly on Tuesday evening, and I am directed to report the same back, with the recommendation that it be concurred in by the House.
Respectfully submitted. C. M. CANDLER, Chairman.

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

~Hr. Speaker:
The Committee on Corporations have had under consideration the following bills, to-wit :
Bill No. 4~2, an act entitled an act to incorporate the Empire Mills Telegraph Company, and to confer certain powers and privileges on the same, and for other purposes.
Also, bill No. 451, to incorporate the town of McRde, in the county of Telfair, which they instruct me, as their chairman, to report back, with the recommendation that the same do pass.
Respectfully submitted. W. C. GLENN, Chairman.

MosDAY, JuLY 22, 1889.

185

Mr. Reilly, chairman of the Committee on Military Affairs, submit~ed the following report:

Jfr. Speaker:
The Committee on Military Affairs have had under consideration the fvllowing bill, which I am instructed to report back to the House, with the recommendation that it do pass by substitute, to-wit:
A bill to amend an act, approved October 13, 1885, in relation to the Volunteer Troops of this State, by addipg an additional section, 29, to said act, and appropriating a sum of money for the equipment of said troops.
Respectfullly submitted. PETER REILLY, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the fo!lowing report :

Mr. Speaker:

The Committee on Enrollment reports as duly enro!Ied, signed by the Speaker of the House and President of the Senate, and delinred to His Excellency, the Governor, the following acts, to-wit :

An act to amend section 493 (c) of the Code of 1882.

Also, an act to prohibit the sale or manufacture of 1'pilituous liquors within five miles of New Hope Methodist Church, in Carroll county.

Also, an act to amend section 3910 (f) of the Code of

1882.

.

Also, an act to prohibit the sale or manufacture of Ppirituous liquors within three miles of Pleasant View Church, in Carroll county.
Respectfully 11ubmitted. IvY ,V, DuGGAN, Chairman.

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

186

JouRNAL oF THE HousE.

ltfr. 6peake1:
The Governor has signed the following acts of the General Assembly, to-wit:
An act to relieve Samuel Morgan, one of the sureties on the bond of the Bank of Rome, as a State depository.
Also, an act to consolidate, amend and supersede the acts incorporating the town of Thomson, in the county of McDuffie; to provide for Mayor and Councilmen; define their powers and duties, and for other purposes.
The following Senate bill was read the second time, to-wit:
A bill to tlefine the boundaries of that part of the city of Columbus co.mmonly known as the Rose Hill annex, etc.
By request, House Hill No. 389 was withdrawn.
Upon motion, House Bill No. 20, was made the special order for wednesday, the 31st inst., immediately after the reading of the Journal.
Upon motion of Mr. Atkinson, House Bill No. 210, which was the special order for July 23td, was displaced, and the same made the special order for Tuesday, the 30th instant, immediately after the reading of the Journal.
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 for the relief of Jeft Bell, of Cherokee county.
By unanimous consent, the following bill. was read the third time; the report of the committee was agreed to, and the hill passed by the requisite constitutional majority, yeas 92, nays O, to-wit :
A bill to incorporate the Piedmont Loan and Banking Company, at Gainesville.
Mr. Glenn, of Whitfield, offered the following resolution,

Mo~DAY, JuLY 22, 1889.

187

which was read and referred to the Committee on Public Property, to-wit:
Resolved, That Messrs. Freeman and Crankshaw, jewelers, of this city, be authorized to take charge of and keep in proper order the clocks of the House, provided, the same be done without expense to the State.
By unanimous 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 89, nays 1, to-wit:
A bill to incorporate the American Loan and Banking Company.
By request, House Bill 452 was recommitted to the Committee on Hygiene and Sanitation.
The following bill was, by unanimous consent, taken up and read the third time; the report of the committee waf} agteed to; the proper proofs were exhibited, and the bill passed by the requisite constitutional majority, yea& 91, nays 0, to-wit :
A bill for the protection of game in the county of Burke, and for other purposes.
Upon motion, the bill was ordered to be immediately transmitted to the Senate.
The Speaker announced the following named members on part of the House as members of the committee to ascertain why the elevator is not run, to-wit: Messrs. Hand, Clifton and Venable.
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 bill passed as amended by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to amend the charter of the town of Da..hlonega.
The bill was ordered to be immediately transmttted to the Senate.

188

JouRNAL oF THE HousE.

House Resolution No. 94 was taken up for a third reading, and, upon motion, the same was recommitted to the Committee on Appropriations.
The following resolution was read the third time; the report of the committee, which was favorable to the passage of the resolution by substitute, was agreed to, and the resolution passed by substitute, by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A resolution increasing the compensation of the Chaplains of the Senate and ~f the House.
House Bill No. 301 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 as amended ; the proper legal proofs were exhibited, and the bill passed by substitute, as amended, by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to create a public school system in the town of Forsyth_
By request, House Bill No. 9-! was recommitted to the Committee on Gfneral Judiciary.
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 majorities, yeas 97, nays 0, towit':
A hill to amend an act to enlarge the jurisdiction of the City Court of Savannah ; to prevent the Judge thereof from practicing law, etc., approved September 15, 1881.
The following bill was read the thircl 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 96, nays 0, towit:

MONDAY, JULY 22, 1889.

189

A bill to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the lands of another, within the 105th and 115 Districts, of Baldwin county.
The following bill was read the third time; the report <>f the committee was agreed to as amended ; the proper legal proof.o;; were exhibited, and the bill passed as amended by the requisite constitutional majority, yeas 9-t, nays 0, to-wit:
A bill to authorize the compromise and adJustment of the claims of H. C. Glenn and W. D. Ellis for insolvent ~osts due them as Solicitors of the City Court of Atlanta.
House Bill No. 348 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 was agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 102, nays 0, to-wit:
A bill to pre.vent the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Springs, in Cherokee county, and for other purposes.
House Bill No. 362 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 was agreed to.
Upon motion of Mr. Mathews, the action of the House in agreeing to the report of the committee was reconsidered for the purpose of oftering an amendment.
House Bill No. 186 was made the special order for to-morrow, immediately after the reading of the Journal.
Pending the consideration of House Bill No. 363, the hour of adjournment arrived, and the Speaker declared the House adjourned until to-morrow morning at 9 o'clock.

..

190

JouRNAL OF THE HousE.

ATLANTA, GEORGIA,
Tuef;day, July 23, 1889.

The House met pursuant to adjournment; called to orderby 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.-

Albritton,

Gunter,

:Mcintyre,

Allred,

Hardeman,

:Mciver,

Alexander,

Hardage,

Means,

Arnold,

Hall,

Mitchell of Spaldin~,

Atkinson of Columbia, Halliday,

Mobley,

Atkinson of Coweta, Ham,

Montgomery,

Bates,

Hand,

Morgan,

Bell,

Harper,

Morris,

Berner,

Harrell of Decatur, )[nrray,

Boone,

Harrell of Webster, Mustin,

Brady,

Harris,

Olive,

Brewton,

Hart,

Oliver,

Brown,

Herrington,

O'Neil,

Buxton,

Hill of Meriwether, Park,

Callaway,

Hill of Wilkes,

Patterson,

Calvin,

Hobbs,

Peacock,

Campbell,

Holtzclaw,

Perry,

Candler,

Holden,

Postell,

Carithers,

Hood,

Rankin,

Carlton,

Hooks,

Rawls,

Champion,

Howell,

Reilly,

Chew,

Humphreys of Brooks, Speer,

Church,

Humphries of Screven, Simmons,

Clark,

Huey,

Sims of Lincvln,.

Clements,

Huff,

Sims of Wilkes,

Clifton,

Hyers,

Singleton,

Coggins,

J()nkins of Harris,

Skelton,

Collier,

Jenkins of Johnson, Smith of Calhoun,

Crenshaw,

Johnston of Campbell, Smith of Decatur,

Crowder,

Joh.nson of Crawford, Smith of Wilkinson,

Daniel,

Johnson of DeKalb, Snead,

Davie,

Johnson of Floyd,

Snelson,

Davis of Burke,

Johnson of Jones,

Stokes,

Davis of Elbert,

.Johnson of Clinch, Tanner,

DeLacy,

Jones of Baker,

Tarver,

Dennard,

.Jones of Chattooga, Tatum,

Dodgen,

Jones of Coweta,

Taylor,

"

TuESDAY, .JuLY 23, 1889.

191

Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lewis, Lofley, :Mathews, :Maxwell, McArthur, McDonald, McDaniel, McCalla, :McCook, Mcinnis,

Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, \Valker, Ward, Warren, West, Whitaker, Williams M Telf11.ir, Williams of Upson, Wright, Mr. Speaker.

Those absen~ were Messrs.-

Alderman, Arnheim, Atkinson of Butts, Bush,

Beery, Lawson, :Mitchell of Pike,

Reid, Smith of Gwinnett, Williams of Appling.

Mr. Atkinson, of Columbia, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

By unanimous consent, the following engrossed Senate bill was read the third time, and the bill passed::by the requisite constitutional majority, yeas 89, nays 0, to-wit:

A bill to define the boundaries of that part of the city of Columbus, commonly known as the Rose Hill anex, and for other purposes.

Leave of absence was granted to the following members, to-wit : Messrs. Gilbert, Davis of Burke, Humphries of Screven, Kimble, Mathews, Clements and Boone.

Mr. Duggan, chairman of the Committee on.EDl'ollment, submitted the following report :

Mr. Speaker: The Committee on Enrollment reports as duly enrolled

192

JouRNAL OF THE HousE.

and ready for the signatures of the Speaker of the House and President of t.he Sen:ite, the following acts, to-wit :
An act to prohibit th.e sale of spirituous liquors by a seller of spirituous liquors to any person who is at the time intoxicated or drunk.
Respectfully ,:ubmitted. lYY W. DuGGAN, Chairman.

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

Mr. Speaker :
The Senate has passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company; yeas 28, nays 0.
Also, a bill to prescribe how b1iefs of evidence shall be made up in motions fo1 new trials; yeas 2), nays 0.
Also, a bill to prescribe the manner of taking cases to the Supreme Court; to confine the decision of the Court to the specifically alledged errors, and for other purposes; yeas 24, nays 0.
Also, a bill to iucorpomte the \Vynuton and Columbus Street Railroad Company; yeas 24, nays 0.
Also, a bill to incorporate the town of Lumber City, in the county of Telfair; yeas 24, nays U.
Also, a bill to enlarge the powers of the County Commissioner<; or Ordinaries in counties where there are no Commissionf:l's of the several counties of the State, so as to empower them to bring actions against railroad companies; yeas 23, nays 0.
Also, a bill to amend the charter of the city of Albany; yeas 23, nays 0.
Also, a bill to be entitled an act to amend section 943 (a) of the Code of 1882; yeas 24, nays 0.

Tn:sDAY, JuLY 23, 1889.

193

Also, a bill to incorporate the Artesian City Railroad Company; yeas 28, nays 0.

Also, a bill to authorize and require the registration of all voters in the county of Fulton; yeas 29, nays 0.

Also, a bill to amend an act to change the name of the Georgia Security Investment Company, to the Atlanta Trust and Banking Company; yeas 27, nays 0.

The Senate has also pa,;sed the following resolution, and asks the concurrence of the House therein, to-wit:

A resolution convening the General Assembly at 8 o'clock p. m., to-day, for the purpose of hearing addresses from Drs. Candler and Nunnally, on higher education.

The hour for the special order having arrived, upon motion of Mr. Candler, the special order was taken up, to-wit:

A bill to provide for allowing each county to extend the time of common schools by county taxation.

The bill was read the third time; the report of the committee was agreed to as amended.

Upon motion of l\Ir. Gamble, the action of the House in agreeing to the report of the committee, was reconsidered, for the purpose of offering the following amendment, to-wit:

By striking from thr 24th line of section 1, the words, "only persons qualified under the laws of this State to vote for members of the General Assembly, shall be allowf'd to vote at said elections," and insert in lieu thereof the following, " only free-holders shall. be allowed to vote at said elections."

Upon the adoption of this amendment the yeas and nays were called, which c:J.ll was sustained.

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

Those voting in the affirmative were Messrs.-

Chew, Daniel,
13

Johnson of Jones, Kitchens,

~Iclver,
~litehell of Pike,

194

JouRNAL OF THE HousE.

Gamble, Gunter,

Lofiey, llcDonald,

Postell, Singleton.

Those voting in the negative were Messrs.-

Allred,

Goodman,

Mitchell of Spalding,

Alexander,

Gordon,

Mobley,

Arnold,

Griffin,

Montgomery,

Atkinson of Columbia, Hardeman,

Morris,

Atkinson of Coweta, Hardage,

}Iurray,

Bates,

Ham,

}lustin,

Bell,

Hand,

Olive,

Berner,

Harper,

O'Neill,

Boone,

Harris,

Park,

Brady,

Hart,

Peacock,

Brown,

Hill of ~Ieriwether, Perry,

Callaway,

Hobbs,

Rawls,

Calvin,

Holden,

Reilly,

Campbell,

Hood,

Speer,

Candler,

Humphreys of Brooks, Simmons,

Carithers,

Hyers,

Sims of Wilkes,

Carlton,

Jenkins of Harris,

Skelton,

Church,

.Johnston ofCampbell, Smith of Decatur,

Clark,

Johnson of Crawford, Smith of Wilkinson,

Clifton,

Johnson or DeKalb, Snead,

Coggins,

Johnson of Floyd,

Snelson,

Collier,

Johnson of Clinch, Stokes,

Crenshaw,

.Jones of Baker,

Tanner,

Crowder,

Jones of Chattooga, Taylor,

DeLacy,

.Jones of Coweta,

Thurman,

Dennard,

Kendrick,

Tigner,

Dodgen,

King,

Turner,

Duggan,

Knight,

Twitty,

Dugger,

Lamar,

Tuck,

Fain,

Lang,

Vandever,

Felton,

Latham,

Veazey,

Flynt,

Lewis,

Venable,

Foute,

McDaniel,

Walker,

Francis,

McCalla,

Ward,

Frazer,

McCook,

Warren,

Fricks,

Mcinnis,

West,

Gholston,

Mcintyre,

Williams of Upson,

Glenn,

Means,

Wright..

Those not voting were Messrs.- .

Albrit~on,
Alderman, Arnheim,

Harrell of Decatur, Harrell of Webster, Beery,

McArthur, Morgan, Oliver,

TUESDAY, JULY 23, 1889.

195

Atkinson of Butts, Brewton, ]3ush, Buxton, Champion, Clements, Davie, Davis of Burke, Davis of Elbert, Fleming, Gallaway, Gilbert, Hall, Halliday,

Herrington,

Patterson,

Hill of Wilkes,

Rankin,

Holtzclaw,

Reid,

Hooks,

Sims of .uincoln,

Howell,

Smith of Calhoun,

Humphries of Screven, Smith of Gwinnett,

Huey,

Tarver,

Huff,

Tatum,

Jenkins of Johnson, Tyson,

Kimble,

Whitaker,

Lawson,

Williams of Appling,

Mathews,

Williams of Telfair,

Maxwell,

Mr. Speaker.

Yeas 12. Nays 114. Not voting 49.

So the amendment was lost.

Upon the proposed amendment, by Mr. Atkinson, 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, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in ihe affirmative were Messrs.-

Arnold, Atkinson of Coweta, Bell, Berner, Brady, Brewton, Buxton, Calvin, Carithers, Carlton, Chew, Clifton, Collier, Crowder, Daniei, DeLacy, Felton, Flynt,

Hill of Meriwether, :Morris,

Hobbs,

}furray,

Howell,

Mustin,

Humphreys of Brooks, Olive,

Huey, Jenkins of Harri~,

O'Neill, Perry,

Johnston of Campbell, Postell,

Johnson of Crawford, Rawls,

Johnson of Jones,

Reilly,

J one~ of Baker,

Simmons,

Jones of Chattooga, Sims of Wilkes,

Jones of Coweta,

Singleton,

Kendrick,

Skelton,

King,

Smith of Calhoun,

Lamar,

Smith of Decatur,

Lang,

Snead,

Lewis,

Snelson,

Lofley,

Tigner,

196

JouRNAL oF THE HotJsE.

Gamble, Gordon, Griffin, Gunter, Hand, Harper, Harrell of Decatur, Harris,

)lcCook, )lclver, :Means, Mitchell of Pike, Mitchell of Spalding, :Mobley, )lontgomery, )I organ,

Turn~r, Tuck. Vandever, Veazey, Venable, vVarren, "Williams of Upson.

Those voting in the negative were Messrs.-

Albritton.

Frazer,

Allred,

Fricks,

Alexander,

Gholston,

Atkinson of Columbia, Glenn,

Bates,

Hardeman,

Boone,

Ham,

Brown,

Hart,

Callaway,

Hood,

Candler,

Huff,

Church,

.Johnson of DeKalb,

Coggins,

,Johnson of Floyd,

Crenshaw,

,Johnson of Clinch,

Dennard,

Kitchens,

Dodgen,

Knight.

Dugger,

Latham,

Fain,

)fcDonald, )lcCalla, l\lclnms, Mcintyre, Park, Peacock, Speer, Stokes, Tanner, Taylor, Twitty, 'Valker, ward,
,,~est.
Wright.

Those not voting were :Messrs.-

Alderman, Arnheim, Atkinson of Butts, Bush, Campbell Champion, Clark, Clements, Davie, Davis of Burke, Davis of Elbert, Duggan, Fleming, Fonte, Francis, Gallaway, Gilbert, Goodman,

Hardage,

)lcArthur,

Hall,

)[cDaniel,

Halliday,

Oliver,

Harrell of 'Wehster, Patterson,

Heery,

Hankin,

Herrington,

Reid,

Hill of Wilkes,

:::lims ofLincoln,

Holtzclaw,

Smith of Gwinnett,

Holden,

Smith of WilkinsoB,

Hooks.

Tarver,

Humphries of Screven, Tatum,

Hyers,

Thurman,

,Jenkins of Johnson, Tyson,

Kimble,

'Yhitaker,

Lawson,

\Villiams of Appling,

Mathews,

Williams of Telfair,

)la:--weli,

Mr. Speaker.

Yeas 77. Nays 46.. Not voting 52.

TuESDAY, JuLY 23, 1889.

197

So the amendment \Vas adopted, to-wit: Amend by inserting between the words "education" and that in "that" in line 11 of the printed bill, the following: "That an election under this act has been recommended by two successiYe grand juries of said county, and."

The report of the committee was then agreed to as amended.

Upon the passage of the bill the yeas and nays were called for, which call was bustained.

Upon the call of the roll of the House, the vote was ail follows:

Those voting in the affirmative were Messrs.-

Albritton,

Gordon,

:Means,

Alexander,

G-unter,

:Mobley,

Atkinson of Columbia, Hardeman,

}forgan,

Atkinson of Coweta, Hall,

Murray,

Bates,

Hanel,

Mustin,

Bell,

Harrell of Decatur, O'Neill,

Berner,

Harris,

Postell,

Brown,

Hill of Meriwether, Rawls,

Buxton,

Hood,

Reilly,

Callaway,

Howell,

Speer,

Calvin,

Humphreys of Brooks, Simmons,

Campbell,

Huey,

Singleton,

Carithers,

Hyers,

Smith of Calhoun,

Carlton,

Jenkins of Harris,

Smith of Decatur,

Chew,

Johnson of DeKalb, Snead,

Church,

Johnson of Floyd,

Stokes,

Clifton,

Johnson of Clinch, Tanner,

Collier,

Jones of Chattooga, Thurman,

Crenshaw,

King,

Tyson,

Crowder,

Knight,

Twitty,

DeLacy,

Lamar,

Tuck,

Dodgen,

Lang,

Vandever,

Dugger,

:McDonald,

Venable,

Francis,

McDaniel,

Walker,

Frazer,

McCalla,

Warren,

Fricks,

McCook,

West,

Gallaway,

:Mcinnis,

Williams of Upson,

Glenn,

Mcintyre,

Wright.

Goodman,

198

JouRNAL OF THE HousE.

Those voting in the negative were Messrs.-

Allred, Arnold, Boone, Candler, Coggins, Daniel, Fain, Felton, Gamble, Gholston, Ham, Hart, Hobbs.

Holden,

}forris,

Johnston of Campbell, Olive,

Johnson of Jones,

Park,

Jones of Baker,

Peacock,

Jones of Coweta,

Perry,

Kendrick,

Skelton,

Kitchens,

Snelson,

Latham,

Taylor,

Lewis,

Tigner,

Lofley,

Turner,

Mitchell of Pike,

Veazey

Montgomery,

ward.

Those not voting were Messrs.-

Alderman, Arnheim, Atkinson of Butts, Brady, Brewton, Bush, Champion, Clark, Clements, Davie, Davis of Burke, Davis of Elbert, Dennard, Duggan, Fleming, Flynt, Foute, Gilbert,

Griffin,

McArthur,

Hardage,

}lcivm.

Halliday,

:Mitchell of Spalding,

Harper,

Oliver,

Harrell of Webster, Patterson,

Heery,

Rankin,

Herrington,

Reid,

Hill of Wilkes,

Sims of Lincoln,

Holtzclaw,

Sims of Wilkes,

Hooks,

Smith of Gwinnett,

Humphries of Screven, Smith of Wilkinson,

Huff,

Tarver,

Jenkins of Johnson, Tatum,

Johnson of Crawford, Whitaker,

Kimble,

Williams of Applinjt,

Lawson,

Willianis ot 'l'elfair,

Mathews,

Mr Speaker.

Maxwell.

Yeas 85. Nays 37. Not voting 53.

Not having received the requisite constitutional majority, the bill was lost, to-wit:

A bill to enable any county to levy and collect an ad valorem tax for school purposes, etc.

By unanimous consent, the following bill was read the second time, and recommitted to Committee on Agriculture, to-wit:

TuESDAY, JuLY 23, 1889.

199

A bill to regulate the catching or tonging of oysters, and to protect oysters on the coast of Georgia, 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 instruct me to report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to change the time of holding the Superior Court of Emanuel county.
Also, a bill to be entitled an act to amend section 4083 of the Code.
Also, a bill to be entitled an act to provide for the punishment of any executor, administrator, guardian or truRtee who shall fraudulently and wilfully convert to his own use any moneys or other things of value belonging to the estate, etc., do pass, as amended.
Also, a bill to be entitled an act to provide when transfers .and liens shall take effect as against third parties, do pass by substitute.
Also, the following bills, with the recommendation that they do not pass, to-wit:
A bill to be entitled an act to amend section 2706 of the Code.
Also, a bill to he entitled an act to provide for the record ~nd effect of deeds, mortgages and proceedings affecting real estate, and for 0ther purposes.
Also, recommended that House Bill No. 144 be referred to Committee on Counties and County Matters.
Also, that hills Nos. 499 and 534 be reported back, read the second time, and printed.
Respectfully submitted. ROBERT L. BERNER, Chairman.

200

JouRNAL OF THF. HousE.

Mr. Lamar, chairman pro tern., of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads have had under consideration the. following bills, which they have instructed me to report back, with the recommendation that they do pass, to-wit:
A bill to amend an act to incorporate the Thomasville Street Railroad Company.
Also, a bill to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad.
Your committee have also had under consideration the following bills, which they have instructed me to report back, with the recommendation that they Jo pass, as amended, to-wit:
A bill to incorporate the Kansas City and Port Royal Railroad Company.
Also, a bill to incorporate the Augusta and \Vest Florida Railroad Company.
Also, a bill to amend an act to incorpomte the Midville, Swainesboro and Red Bluff Railroad Company.
Respectfully submitted. ,J. R. LAMAR, Chairman protem.
Memorials from the ladies of Muscogee and Coweta counties were received, and ref~rred to the Committee on Appropriations.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. O'Neill, of FultonA bill to encourage and authorize the construction of
telegraph lines in the State of Georgia, and conferring certain privileges, powers and penalties on the owners thereof.
Referred to Committee on General Judiciary.
Also, a bill to fix the official bonds of the Clerk of th~

TuESDAY, JuLY 23, 1889.

201

Superior Court and Sheriff of Fulton county at fifty thou!:'and dollats each.
Referred to Committee on Counties and Ccunty Matters.
The unfinished business of yesterday, whif'h was the consideration of House Bill No. 363 was taken up; 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.
The roll of the House was called.
Before the Speaker announced the result of the vote, the bill was, upon motion, tabled, to-wit :
A bill to regulate and define the liability of a person illegally employing the servant, farm laborer, cropper ortenant of another.
Upon motion of Mr. Hart, House Bill No. 36:l was taken from the table, and, upon motion, the same was recommitted to the Committee on Agticulture.
The following bill was taken up for a third reading, and, upon motion, the same was tabled, and, upon motion, 200 copies of the bill were ordered printed for the use of' the House, to-wit :
A bill to fix and regulate hours of labor iu all cotton, woolen or other manufacturing establishments in this'State, etc.

Mr. Hill, 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 of the House, which they request me as their chairman, to report back, with the recommendation that the introducers be allowed to withdraw the same, to-wit:
A bill to change the time for opening and closin~ the polls, in the 1280th District of Clinch county.

202

JouRNAL oF THE HousE.

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Columbia.
Respectfully submitted. H. W. HILL, Chairman.
Mr. Lofley, chairman of the Committee on Roads and B1idges, submitted the following report:

Mr. Speaker:
The Committee on Roads and Bridges have had under consideration the following bill, to-wit:
A bill to be entitled an act to provide for the increase of Road Commissioners from three to five in and fo1 the 807th District, G. M., of Marion county, and for other purposes, which they instruct me to report back to the Honse, with the recommendation that it do not pai's,
Also, a bill to be entitled an act to protect the public roads and bridges of the county of Clinch, which they instruct me to report back to the House, with the recommendation that the author of the bill be permitted to withdraw it.
Respectfully submitted. S. T. LOFLEY, Chairman.
Mr. Sims, 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 House bills, which they recommend do pass, to-wit:
A bill to incorporate the Georgia Pharmaceutical Association, etc.
Also, a bill to require persons or corporations employing females in manufacturing, mechanical or mercantile establishments, to provide suitable seats, and permit their use by such females when not necessarily engaged in the active duties for which they were employed, etc.

TuESDAY, JuLY 23, 1889.

203

Also, the following Senate bill, which they recommend do pass, to-wit :
A bill to prohibit the sale, furnishing, giving or providing to minors of cigarettes, tobacco or cigarette paper, or any substitute therefor, etc.
Respectfully submitted. J NO. SIMS, Chairman.
Mr. Howell, chai1man of the Committee on Railroads, submitted the following report:

Mr. Speaker :

The Committee on Railroads have h:1d under consideration the following bill, which it reports back, with the recommendation that it do pass, as amended, to-wit:

A bill to incorporate the Bainbridge, Cuthbert and Westem Railroad Company, and for other purposes. .
Respectfully submitted. CLARK HoWELL, Chairman.

House Bill No. 369 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 was agreed to as amended, and the bill passed

as amended, by the requisite constitutional majority, yeas

9!1, nays 0, to-wit:



A bill to incorporate the Melon Belt Railroad Company of Brooks county.

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 proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 99, nays O, to-wit:

A bill to amend an act to establish a Board of Commissioners for the county of Meriwether, State of Georgia, etc., approved December 14, 1871, and for other purposes.

204

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 amenrled, by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to incorporate the Bainbridge, Cuthbert nnd Western Railway Company.
House Bill No. 382 was taken up for a third reading, and, upon motion, the same was tabled.
Pending the con!:iideration of House Bill No. 386, the hour of adjournment arrived, and the Speaker declared the House adjourned until to-morrow morning at 9 o'clock.

'ATLA~TA, GEORGIA,
Wednesday, July 24, 1889.

The House met pursuant to adjournment; calleq to 01der by the Speaker, and opened with prayer hy the Chaplain.

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

Those present were Messrs.-

Albritton,

Gunter,

Alderman,

Hardeman,

Allred,

Hardage,

Alexander,

Hall,

Arnold,

Halliday,

Atkinson of Colurnbin, Ham,

Atkinson of Coweta, Hand,

Bates,

Harper,

Bell,

Harrell of Decatur,

Berner,

Harris,

Boone,

Hart,

Brady,

Heery,

Brewton,

Herrington,

Brown,

Hill of Meriwether,

Buxton,

Hill of Wilkes,

Callaway,

Hobbs,

:\IclYer, Means, Mitchell of Pike, Mitchell of Spalding, Mobley, )lontgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park, Patterson, Peacock,

WED~ESDAY, JuLY 24, 1889.

205

Calvin,

Holtzclaw,

Perry,

Campbell,

Holden,

Postell,

Candler,

H:1od,

Rankin,

Carithers, Carlton,

Howell,

Rawls,

Humphreys of Brooks, Reilly,

Champion, Chew, Chureh,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Clark, Clements, Clifton,

Hyers, Jenkins of Harris, Jenkins of Johnson,

Sims of Wilkes, Singleton, Skelton,

Coggins,

Jvhnston of Campbell, Smith of Calhoun,

Collier, Crenshaw, Crowder,

Johnson of Crawford, Smith of Decatur,

,Johnson of DeKalb, Smith of Gwinnett,

Johnson of Floyd,

Smith of Wilkinson,

Daniel,

Johnson of Jones,

Snead,

Davie,

,Johnson of Clinch. Snelson,

Davis of Burke,

Jones of Baker,

Stokes,

Davis of Elbert,

Jones of Chattooga, Tanner,

DeLacy,

Jones of Coweta,

Tarver,

Dennard,

Kimble,

Taylor,

Dodgen, Duggan,

Kendrick, King,

Thurman, Tigner,

Dugger, Fain,

Kitchens, Knight,

Turnm:, Tyson,

Felton,

Lamar,

Twitty,

Fleming,

Lang,

Tuck,

Flynt,

Latham,

Vandever,

Fonte,

Lawson,

Veazey,

Francis,

Lewis,

Venable,

Frazer,

Lofley,

Walker,

Fricks,

)fa thews,

Ward,

Gallaway,

)lax well,

'Yarren,

Gamble. Gholston,

)lcArthur. )lcDonald,

'Vest, Whitaker,

Gilbert,

)IcDaniel,

Williams of Appling,

Glenn.

l\IcCalla,

'Villiams of Telfair,

Goodman,

:McCook,

"Williams of Upson.

Gordon,

l\lclnnis,

Wright,

Griffin,

)Iclntyre,

l\lr. Speaker.

Those absent were Messrs.-

Arnheim,

Harrell of Webster, Reid,

Atkinson of Butts, Hooks,

Tatum.

Bush,

Mr. Jenkins, of Harris, of the Committee on Journals,

reported that the Journal haJ been examined and approved.

The Journal wa;,: then read and confirmed.

206

JouRNAL t'F THE HousE.

Pending the reading of the Journal, Mr. Calvin gave notice that at the proper time he would move to reconsider so much of the Journal of yesterday, as relates to House Bill No. 186.
Mr. Calvin moved to reconsider the action of the House had yesterday, on House Bill No. 186.
Upon this motion the previous question was called, which call was sustained, and the main question ordered.
The motion to reconsider prevailed, and the bill was reconsidered, to-wit:
A bill to enable any county to levy and collect an ad valorem tax for school purposes, etc.
Mr. Brady, 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 to the House, with a recommendation that they do pass, to-wit:
A bill to be entitled an act to decla1e all obligations to pay attorneys' fees, upon any note or other evidence of indebtedness, void and of no effect, unless a plea or pleas be filed by the defendant and not sustained.
Also, 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 961st District, G. M., of Schley county, and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereby, which the committee recommends do pass, as amended.
Also, a bill to be entitled an act to prevent the nunning at large, upon the lands of another, in the 777th District, G. M., of Randolph county, of all horses, cows, mules, etc., and for other purposes.

WED~ESDAY, JULY 24, 1889.

207

Also, a bill to be entitled an act to amend section 146,') (h) of the Code of 1882, by inserting after the word "State," in the 2nd line, the words '' through the Comptloller-General," by striking out the word "his" in the 8th line, and inserting the words" said Commissioner;" by inserting after the word "returns" in the 6th line, the words "shall be;" by inserting after the word " commissioner" in the 6th line, the \\'Ords "through the Comptroller-General;" by adding at the close of said section the words, "the Commissioner of Agriculture shall carefully tabulate said returns and present them in detail in his biennual report," and for other purposes.
Also, a bill to be entitled an act to amend item 12 of section 920 of the Code of 1882, by inserting after the word;" oath," in the fourth line, the words, "in conformity to the blanks furnished said receiver by the Commissioner of Agriculture," and for other purposes.
The committee recommend that the following bills do not pass, to-wit :
A bill to be entitled an act to prohibit the hauling, carrying, toting, conveying, or othenvise removing seed cotton between the hours of sunset in the evening, and sunrise in the morning; to prescribe a penalty for the violation of the same, and for other purposes.
Respectfully submitted. W. BRADY, Chairman.
Mr. Candler, chairman of the Committee on Education, submitted the following report:

Jfr. Speaker:
The Committee on Education have had under consideration the following bills, to-wit :
Senate Bill No. 4, which is a bill to be entitled an act for the selection, introduction and use of a uniform series of school text books in the common school~ of this State, etc.

208

JouRNAL OF THE HousE.

Also, House Bill No. 322, which is a hill to be entitled an act to allow the use of Miller's Business Arithmetic in the public schools of this State.
Also, House Bill No. 59~~. which is a bill to be entitled an act to provide fot the levy of an ad valorem tax f~Jr school purposes, in Emanuel county.
All of which I am directed to report back to the House, with the recommendation that they do not pass.
Also, House Bill No. 569, which is a bill to be entitled an act to provide a method for the choice of trustees of the State University; to confer authority upon the same, and for other purposes, which I am directed to report back to the Honse, with the recommendation that it do pass by substitute.
Respectfully submitted. C. M. CA~DLF.R, Chairman.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker :
The Senate has passed the following resolution of the Senate, anrl asks the concurrence of the House therein, to-wit:
A tesolution to appoint a committee of two from the Senate, and three from the Hou;;e, to formulate a bill for the construction and maintenance or good public roads in this State.
By unanimous cons\:!nt, the following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. Church, of CatoosaA hill to incorporate the Catoosa Railroad Company.
Mr. Veazey vffered the following resolution, which was read and adopted, to-wit :
Resolved, That the thanks of this House are extended to Rev. Dr. Nunnally and Rev. Dr. Candler for their masterly

"\YEDNESDAY, JULY 24, 1889.

209

addresses delivered before the House and Senate on last evening in behalf of the common schools.
House Bills Nos. 471 and 543 were withdrawn.
By request of the Committee on Education, Mr. Johnson of Campbell, was added to said committee.
By unanimous consent, the following bill was introdu<:>ed, read the first time, and referred to Committee on Counties and County Matters.
By Mr. Collier, of DoolyA bill to authorize the Ordinary of Dooly county to
submit to the qualified voters of said county the question of the issuance of county bonds to pay for the erection of a court house in said county, and for other purposes.
The following bill was, by request, read the second time, and recommitted to the Committee on Agriculture, to-wit :
.A bill to establish Farmers' Institutes in this State; to provide for the management of the same ; to make an . annual appropriation for the support of the same, etc.
Upon motion, two hundred copies of the above bill were ordered printed for the use of the Honse.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
.A bill to incorporate the Union Savings Bank and Trust Company; to give certain powers and privileges to the same, and for other purposes therewith connected, by a vote of yeas 23, nays 0.
The following message was received from His Excel-
lency, the Governor, through Mr. ,Y. H. Harrison, Clerk
of the Executive Department: 14

210

JouRNAL OF THE HousE.

Mr. Speaker:

The Governor has instructed me to deliver to the House of Representatives, a communication in writing, with accompanying documents.

we, the undersigned, members of the General Judiciary Committee, submit the following minority rPport to House Bill. No. 19, to-wit:

An act to he entitlPd an act to provide a system of county

taxation of railroads; we recommend that the bill do not

pass.

Respectfully submitted.

w. PHIL.

DAVIS,

E. G. SIMMONS.
w M. H. FLEMING,
s. P. GILBERT.

Upon motion of Mr. Bell, the special order, which was the consideration of House Bill No. 19, was taken up.

The bill was read the thil'd time. Upon the passage of the bill and agreeing to the report of the committee, the previous question was called, which call 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, whic~ call was sustained.
Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman,

Gamble,

Allred,

Gholston,

Alexander,

Glenn,

Arnold,

Rood man,

Atkinson of Columbia, Griffin,

Atkinson of Coweta, Gunter,

Bates,

Hardeman,

Bell,

Hardage,

Berner,

Halliday,

Brewton,

Ham,

Brown,

Harper,

McDaniel, .McCalla, McCook, :Mcinnis, Mciver, Means, Mitchell of Pike, Mitchell of Spalding, Mobley, )forgan, Morris,

'VED~ESDAY, JULY 24, 1889.

211

Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Chew, Church, Clark, Clements, .Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, DeLacy, Dennard, Dodgen, Duggan, Dugger Fain, Fleming, Flynt, Foute, Francis, Frazier, Fricks, Gallaway,

Harrell of Decatur, Mustin,

Harris,

Olive,

Heery,

Park,

Herrington,

Patterson,

Hill of Meriwether, Perry,

Hobbs,

Postell,

Holden,

Rankin,

Hood,

Speer,

Howell,

Sims of Lincoln,

Humphreys of Brooks, Sims of Wilkes,

Huey,

Singleton,

Hyers,

Skelton,

Jenkins of Harris,

Smith of Calhoun,

Johnston of Campbell, Smith of Decatur,

Johnson of Crawford, Smith of Gwinnett,

Johnson of DeKalb, Smith of Wilkinson,

.Johnson of Floyd,

Snead,

Johnson of Jones,

Snelson,

,Johnson of Clinch, Stokes,

Jones of Chattooga, Tanner,

Jones of Coweta,

Taylor,

Kimble,

Thurman,

King,

Twitty,

Knight,

Tuck,

Lamar,

Vandever,

Lang,

Veazey,

L11tham,

Ward,

Lawson,

Warren,

Lewis,

West,

Lofley,

Williams of Upson,

Mathews,

Wright.

~fcDonald,

Those voting in the uegative were Messrs.-

Brady, Gilbert, Gordon, Hart, Jones of Baker, Kendrick,

Mcintyre, )lontgomery, Murray, O'Neill, Reilly,

Simmons, Tigner, Turner, Tyson, Walker.

Those not voting were Messrs.-

Albritton, Arnheim, Atkinson of Butts, Boone, Bush,

Hill of Wilkes,

Peacock,

Holtzclaw,

Rawls,

Hooks,

Reid,

Humphries of Screven, Tarver,

Huff,

Tatum,

212

JouRNAL oF THE Houf>E.

Champion, Davis of Elbert, Felton, Hall, Hand, Harrell of Webster,

Jenkins of Johnson, Kitchens, ~Iax well, )IcArthur, Oliver,

Yen able, \Vhitaker, Williams of Appling, Williams of Telfair, )Ir. Speaker.

Yeas 128. Nays 16. Not voting, 31.

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

A bill to provide a system of county taxation of railroad property, in each of the counties in this State through which said railroads run, and to provide a mode of assessing and collecting the same, and for other purposes.

The bill \Vas ordered to be immediately transmitted to the Senate.

By request of Committee on Military 11ftairs, Mr. Holtzclaw was added to said committee.

By request, House Bill No. 193 was recommitted to the Committee on Education.

Upon motion, House Bill No. 32 was taken from the table and replaced upon the calendar.

Hy request, House Bills Nos. 585 and - - were withdrawn.

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

..Wr. Speaker:
The Governor has approved and signed the following acts of the General A~sembly, to-wit:
An act to amend ~ection 493 (e) of the Code of 1882.
Also, an act to amend section 3910 (f) ofthe Code of 1882.
Also, an act to prohibit the sale or manufacture ofspirituous, alcoholic or malt liquors within a radius of three

.\VED~ESDAY, J"C"LY 24, 1889.

213

miles of Pleasant View Baptist Church, in the county of Carroll.
Also, an act to proh~bit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Church, in the county of CarrolL
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Carithers, of WaltonA bill to repeal an act to prohibit the sale of spirituous,
malt or intoxicating liquors within three miles of Walnut Grove Academy, in Walton county, etc., approved October 22, 1887.
Referred to Committee on Corporations.
'By Mr. Gamble, of JeffersonA bill to amend an act e~tablishing and erecting an
academy in the town of Louisville, and for other purposes, apprvved February 22, 1796.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the chairman and Board of Commissioners of the town of Louisville, to purchase from the Board of Trustees of the Louisville Academy, a tract of forest land for sanitary purpose!O, and to prohibit the sale of said land by the Town Commissioners, and the cutting of the forest from the same.
Referred to Committee on Special Judiciary.
By Mr. McCalla, of R6ckdale-
A bill to amend an act to incorporate the Long Shoals and Rockland Railroad Company.
Referred to Committee on Railroads.
By Mr. Harrell, of DecaturA bill to incorporate the Bainbridge, Lake Douglas and
Suburban Street Railroad and Telephone Company, etc. Referred to Committee on Railroads.

214

JouRNAL oF THE HousE.

By Mr. Tyson, of Mcintosh- . A bill to require the registration of voters in Mcintosh
county. Referred to Committee on Special Judiciary.
By Mr. Lewis, of HancockA bill to provide for the payment of the insolvent crimi-
nal costs of the Justices of the Peace, Notaries Public, and Constables of Hancock county.
Referred to Committee on Special Judiciary.
By Mr. Calvin, of RichmondA bill to amend section 4500 of the Code of 1882. Referred to Committee on Agriculture.
By Mr. Speer, of NewtonA bill to authorize the Board of Comniissioners of New-
ton county to levy a tax of two hundred per cent. on the State tax to run for a period of five years, for the purpose of meeting the indebtedness incurred by reason of building a new cout't house.
Refened to Committee on ways and Means.
By Mr. Mciver, of LibertyA bill to incorporate the University of the State of
Georgia for the higher education of negroes, and for other purposes.
Referred to Committee on Education.
Hy Mr. Johnson, of FloydA bill to amend an act to incorporate the Rome Str.eet
Railway Company. Referred to Committee on Corporations.
By Mr. Park, of GreeneA bill to provide fot furnishing the rooms of the Agri-
cultural Department in the new Capitol, etc. Refi!rred to Committee on Agriculture.
By Mr. Johnson, of CampbellA bill extending the corporate limits of Fairburn. Referred to Committee on Corporations.

THURSDAY, JuLY 25, 1889.

215

The following Senate resolution was read and concurred in, to-wit:
A resolution to appoint a committee of five, two from the Senate and three from the House, to formulate a bill for the construction and maintenance of good public roads in this State, etc.
The Speaker announced the following named members on part of the House, on Senate Resolution No. 31, to-wit: Messrs. Lofley, Alexander and Boone.
By request, the following bill was read the second time, to-wit:
A bill to provide a change in the meth.od of choosing the Board of Trustees of the University of Georgia.
Leave of abSt!nce was granted to Messrs Crowder, Albritton, Hardage, Mcinnis and McCalla.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Thursday, July 25, 1889.

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 :

Tbose present were Messrs.-

Albritton,

Gunter,

Alderman,

Hardeman,

Allred,

Hardage,

Alexander,

Hall,

Arnold,

Halliday,

Atkinson of Columbia, Ham,

Atkinson of Coweta, Hand,

Bates,

Harper,

Bell,

Harrell of Decatur,

Means, :Mitchell of Pike, Mitchell of Spaldin~:, ~lob ley, Montgomery, Morgan, :Morris, Murray, :Mustin,

216

,JoURSAL OF THE HousE.

Berner, Boone, Brady, Brewton, Brown, Bush. Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Champion, Chew, Church, Clark, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

Harris,

Olive,

Hart,

Oliver,

Heery,

O'Neil,

Herrington,

Park,

Hill of Meriwether, Patterson,

Hill of Wilkes,

Peacock,

Hobbs,

Perry,

Holtzclaw,

Postell,

Holden,

Rankin,

Hood,

Rawls,

Howell,

Reid,

Humphreys of Brooks, Reilly,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincvln,

Hyers,

Sims of Wilkes,

.Jenkins of Harris,

Singleton,

Jenkins of Johnson, Skelton,

Johnston of Campbell, Smith of Calhoun,

Johnson of Crawford, Smith of Decatur,

Johnson of DeKalb, Smith of Gwinnett,

J ohn~on of Floyd,

Smith of "Wilkinson.

Johnson of Jones,

Snead,

Johnson of Clinch, Snelson,

Jones of Baker,

Stokes,

,Jones of Chattooga, Tanner,

Jones of Coweta,

Tatum,

Kimble,

Taylor.

Kendrick,

Thurman,

King,

Tigner,

Kitchens,

Turner,

Knight,

Tyson.

Lamar.

Twitty,

Lang,

Tuck,

Latham,

Vand~ver,

Lawson,

Veazey,

Lewis,

Venable,

Lofley,

"\Valker,

Mathews,

Ward,

Maxwell,

Warren,

~IcArthur,

West,

McDonald,

Whitaker,

McDaniel,

Williams of Appling,

McCalla,

Williams of Telfair,

McCook,

Williams of Upson,

Mcinnis,

Wright,

Mcintyre,

Mr. Speaker.

Mciver,

THURSDAY, JULY 25, 1889.

217

Those absent were Messrs.-

Arnheim, Atkinson of Butts,

Harrell of "\Vebster, Tarver. Hooks,

Mr. Smitl'i, of Decatur, reported that the .Journal had been examined and approved.

The Journal was then read and confirmed.

By request, House Bill No. 429 was recommitted to the Committee on Special Judiciary.

By unanimous consent, the following bill was read the second time, to-wit :

A bill to incorporate the Mercantile, Banking and Trust Company, and the bill, by request, was recommitted to the (;ommittee on Banks.

Leave of absence was granted to the following members, to-wit: Messrs. Campbell, McDonald, Holtzclaw, Dodgen, Singleton, Frazer, Kimble, Mclve1, Gunter, McCook, Smith of Calhoun, Johnson of Clinch, Whitaker and Turner.

By unanimous consent, the fo!l.,wing bill was introduced, read the first time, and referred to the Committee on Special Judiciary, to-wit:

By Mr. Harper, of CarrollA bill to repeal an act to establish a City Court in the
city of Carrollton, in the county of Cal'l'oll, and for other purposes.

By Mr. Humphreys, of BrooksA bill to amend an act to establish a system of public
schools in the town of Quitman, approved December 26, 1888, etc.
Referred to~Committee on Education.

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

Mr. Speaker : The Committee on Enrollment reports as duly enrolled,

218

JouRNAL OF THE HousE.

and ready for the signatures of the Speaker of the Houseand President of the Senate, the following act, to-wit:
An act to appropriate the sum of twenty-fi~e hundred dollars to the executors of General Robert Toombs, as C)mpensation for serviees rendered by General Joombs.
Respectfully submitted. IvY ,Y, DuGGAN, Chairman.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they do pass as amended, to-wit :
A bill to incorporate the Rome, Subligna and Northern. Railrvad Company or Dummy Line, etc.
Also, a bill to incorporate the Georgia N l!rthern Railroad Comrany, etc.
Al:<o, a bill to incorporate the Augusta and Western. Railroad Company, etc.
Respectfully >'ubmitted. CLARK HowELL, Chairman.
Mr. Brady, chairman of the Committee on Agriculture,. submitted the following r~port :

.Mr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they instruct me, as their chairman, 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 amend an act, approved }..,ebruary 26th, 1877, entitled au act to render more efficient and economical,the inspection and analysis of fertilizer>" and to amend the law in relation to the inspection, analysis and sale of the same, by strikmg out the word "fifty" in

THURSDAY, JuLY 25, 1889.

219

the third line of section 4 of said act, and inserting in lieu thereof the word "ten."
Also, a bill to be entitled an act to prohibit the sale of seed cotton in the county of Crawford, between the 15th day of August and the 15th day of December of each year; to provide a penalty for a violation of the same, and fot oth.er purposes.
Also, by substitute, a bill entitled an act to provide for furnishing the rooms of the Agricultural Department in the new Capitol with suitable furniture, and for other purposes, which the committee recommend be recommitted to the Committee on Appropriations.
Respectfully submitted. W. BRADY, Chairmau,
The following message was received from His Excel-
lency, the Governor, through Mr. ,V. H. Harrison, the
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 DEPART~IE::-.T, ATLANTA, GA., July 25, 1889.
To the General Assembly:
It becJmes my painful duty to notify you officially of the tragic death of the Hon. John T. Clarke, Judge of the Pataula Judicial Circuit, which occurred on the 22d instant, . at Smithville, Georgia.
By this terrible accident one of the most distinguished of her citizens, and one of her ablest jurists, is lost to Georgia. Noted for his varied learning, his thorough knowledge of the law; for his high Christian character, and for the elevated plane upon which he moved as a Judge, his loss has cast a gloom over the whole State.
By his death a vacancy is created, and it will devolve

220

JouRNAL oF THE HousE.

upon this General Assembly to elect a Judge for said Circuit for the unexpired term of four years, ending January 1, 1891.
J. B. GoRDON.

EXECUTIYE DEPARTMENT,
ATLANTA, GA., July 24, 1889.
To the General Assembly:
I have the honor to transmit herewith a communication addressed to me by Hon. J. T. Henderson, Commissioner of Agriculture, upon the subject of "Equine Glanders," with certain accompanying papers. I consider the matter of sufficient importance to invite your attention to it, that yon may tak~ such action in the premises as, in your judgment, you may deem proper.
J. B. GORDON.
By unanimous coment, the following Senate bill was read the third time; the report of the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 99, nays 0, to-wit:
A bill to exempt toll bridges from taxation in certain cases.
Upon motion, the messages from His Excellency, the Governor, was taken up and read.
Mr. Bell, of Forsyth, offered the following resolution, which was read and ag1eed to, to-wit:
Resolved by the House, the Senate conc-urring, That the General Assembly convene in joint session on Friday, August 2, at 10 o'clock, for the purpose of electing a Judge of the Pataula Judicial Circuit, to fill the unexpired term occasioned by the death of Judge John T. Clarke.
Upon motion, the Fpecial order for to-day, .which was the consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the State Road, was displaced, and the same made the special order for Tuesday

THURSDAY, JULY 25, 1889.

221

next, July 30, immediately after the reading of the Journal.

Mr. Park offered the following resolution, to-wit:

Resolved, That the time for the meeting of the House of Representatives, from and after the adoption of this resolution, shall be changed from 9 o'clock, a. m., to 10 o'clock, a. m., so that the sessions of the House shall be from 10 o'clock, a. m., to 1 o'clock, p. m.

Mr. Snelson offered the following as a substitute, .which was accepted, to-wit:

That the House shall meet at 9 o'clock, a. m., and adjourn at 12 o'clock, m.

M1. Fonte offered the following as a substitute for the original, to-wit:

That the Honse meet at 8 o'clock, a. m., and adjourn at 12 o'clock, m.

Mr. O'Neill offered the following as a substitute tor the whole, to-wit: .

That the House meet at 10 o'clock, a. m., and adjourn at 1 o'clock, p. m.

Upon the resolution and proposed substitutPs the previous question was called, which call was susrained, and the main question ordered.

The substitutes proposed by Mr. O'Neill and Mr. Fonte were lost.

The question then recurred upon the amendment proposed by Mr. Snelson.

Upon this question, the yeas and nays were called for, which call was sustained.

U pun the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.--

Albritton, Atkinson of Coweta, Berner,

Griffin, Halliday, Ham,

Morris, Olive, O'Neill,

222

JouRNAL oF THE HousE.

Brady, Brewton, Brown, Bush, Buxton, Candler, Carithers, Clark, Clement,., Clifton, Coggins, Collier, Crenshaw, Daniel, Davie, Dennard, Dodgen, Gallaway, Goodman,

Hand,

Park,

Hart,

Perry,

Herrington,

Rawls,

Hill of Wilkes,

Reid,

Hobbs,

Sims of Lincoln,

Holden,

Sims of Wilkes,

Humphreys of Brooks, Skelton,

Huey, 1 Jenkins of Johnson,

Smith of Gwinnett, Snelson,

Johnston of Campbell, Stokes,

.Johnson of Jones,

Tuck,

Jones of Baker,

Vandever,

.Jones of Chattooga, Veazey,

Kendrick,

Venable,

Lang, Lawson,

"'' ard, Williams of Appling,

Lewis,

\Villiams of Telfair,

McDaniel,

Wright.

::IIobley,

Those voting in the negative were Messrs.-

Alderman,

Gordon,

Means,

Allred,

H>trdeman.

)Iitchell of Pike,

Alexander,

Hall,

Mitchell of Spalding,

Arnold,

Harper,

Montgomery,

Atkinson of Columbia, Harrell of Decatur, )!organ,

Bates,

Harris,

)Imray,

Bell,

Hecry,

Oliver,

Boone,

Hill of Meriwether, Patterson,

Callaway,

Hood,

Reilly,

Calvin,

Humphreys of Screven, Speer,

Carlton,

Jenkins of Harris,

Simmons,

Chew,

Johnson of Crawford, Smith of Calhoun,

Churd1,

Johnson of DeKalb, Smith of Decatur,

Davis of Burke,

Johnson of Floyd,

Smith of Wilkinson,

DeLacy,

Johnson of Clinch,

Tanner,

Duggan,

Jones of Coweta,

Tatum,

Dugger,

Kimble,

Taylor,

Fain,

King,

Thurman,

Felton,

Knight,

Tigner,

Fleming,

Lamar,

Turner,

Flynt,

Latham,

Tyson,

Fonte,

Lofley,

Twitty,

Francis,

)lathews,

\Valker,

Frazer,

)JcDonald,

\Varren,

Fricks,

}fcCook,

\Vest,

Gholston,

Mcintyre,

Williams of Upson.

Gilbert,

Mciver,

THURSDAY, JULY 25, 1889.

223

Those not voting were Mesrs.-

,:~rnheim,
Atkinson of Butts, Campbell, .Champion, .Crowder, Davis of Elbert, Gamble, -Glenn, Gunter, Hardage,

Harrell of Webster, Holtzclaw,
Hook~,
Howell, Huff, Hyers, Kitchens, :Maxwell, l\IcArthur, :McCalla,

l\Iclnnis, :Mustin Peacock, Postell, Rankin, Singleton, Snead, Tarver, 'Vhitaker, l\Ir. Speaker.

Yeas 65. Nays 80. Not voting, 30.

So the resolution was lost.

The unfinished business of Tuesday, which was the con:sideration of House Bill No. 386, was taken up.
The bill was read the third time; the report of the committee 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 provide for a new chartet of the town of Statesboro, in the county of Bullock.

House Bill No. 32 was taken up for a third reading, and, upon motion, the bill was recommitted to the Committee on lVays and l\Ieans.

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

Mr. Speake1:

The Senate has passed, as amended, the following bill of the House, by the requisite constitutional majority, to-wit:

A bill to appropriate the sum of $2,500 to the executors -of the late General Robet't Toombs, as compensation for :Senices renderecl the State in the case of Tilly vs. Savannah, Florida and Western Railroad, Jas. M. Smith, et. al., Railroad Commissioners and R. N. Ely Attorney-General ~f the State of Georgia; yeas 25, nays 0.

The Senate has tefu~ed to pass the following bill of the House, to-wit:

224

JouRNAL oF THE HousE.

A bill to repeal an act, approved December 6, 1880, extending the corporate limits of Newnan.
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 lUO, nays 0, to-wit:
A bill to authorize and empower, ratify and confirm, the granting by the Mayor and Aldermen of the city of Savannah, to the Savannah Volunteer Guards, a military corporation under the laws of Georgia, of the city ot Savannah, of eight (8) feet of the pavement on the south bide of President street, betwE:en "rhitaker street and \Vright square, 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 108, nays 4, to-wit:
A bill to prevent the running at large in the 149th District, G. M., Clay county, of all horses, mule&, cattle, sheep~ goats and swine, etc.
The following bill wag 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 98, nays 0, to-,vit:
A bill to create a Board of Commissioners of Roads and ReYenues for Clinch county.
By request, House Bill No. 539 was withdrawn.
The following House bill was taken up, and the ~enate amendment thereto was concurred in, to-wit:
A bill to appropriate the sum of $2,500 to the executors or General Robert Toomb11, as compensation for services rendered by General Toombs in the case of Tilly vs. the Savannah, Florida and We!'tern Raihoad, James l\1. Smith~ et. al.
The following Senate bill was read the third time; the report of the committee was agreed to ; the proper legal

THURSDAY, JuLY 25, 1889.

225

proofs were exhibited, and the bill passed by the requi!"ite constitutional majority, yeas 88, nays 3, to-wit:
A bill to require the owners of horSf!S, cows, mules and stock of all kinds from running at large upon the lands of another within the 1196th and 1197th Districts, G. :M., Quitman county, etc.
Upon motion, Honse Bill No. 136 was made the special order for Thup;day, August 8th, next, immediately after the reading of the Journal.
The following bill was read the third time; the report of . the committee was agreed to; the proper legal proofs wete exhibited, and the bill passed, by the requisite constitutional majority, yeas 88, nays 2, to-wit:
A bill to provide for a commutation tax in lieu of road work, in any militia or road district in the county of DeKalb, 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 100, nays I, to-wit:
A bill to authorize the establishment of a system of public schools in the town of Decatur, and for other purposes.
House Bill No. 402 was taken up for a third reading; as the bill provided for an appropriation, the House resolved itself into a Committee of the Whole House. Mr. Lewis, of Hancock, called to the chair.
Mr. Lewis, 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. 402, which they instruct me to report back, with the recommendation that the bill do pass.
The bill was then read the third time; the report of the committee was agreed to. Upon the passage of the bill it
15

226

JouRNAL OF THE HousE.

was necessary that the vote be taken by yeas and nays, as the bill provided for an appropriation.

Upon the call of the ro_ll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman,

Goodman,

Morris,

Allred,

Gordon,

}lurray,

Alexander,

Gunter,

:Mustin,

. Arnold,

Hardeman,

Olive,

Atkinson of Columbia, Hall,

Oliver,

Bates,

Halliday,

O'Neill,

Bell,

Ham,

Patterson,

Berner,

Hart,

Perry,

Boone,

Heery,

Postell,

Brown,

Herrington,

Rawls,

Bush,

Hobbs,

Reid,

Buxton,

Hood,

Reilly,

Callaway,

Howell,

Speer,

Calvin,

Humphreys of Brooks, Simmons,

Candler,

Humphries of Screven, Sims of Wilkes,

Carithers,

Huey,

Singleton,

Carlton,

Huff,

Smith of Calhoun,

Chew,

Hyers,

Smith of Decatur,

Chureh,

Jenkins of Harris,

Smith of Gwinnett,

Clark,

Johnston of Campbell, 8mith of Wilkinson,

Clement;,

Johnson of Crawford, Snead,

Clifton,

Johnson of DeKalb, Tanner,

Collier,

Johnson of Jones,

Tatum,

Crenshaw,

Kendrick,

Taylor,

Daniel,

Kin!\".

Thurman,

Davie,

Knight,

Tigner,

Davis of Burke,

Lamar,

Turner,

DeLacy,

Lang,

Tysvn,

Duggan,

Latham,

Twitty,

Fain,

Lawson,

Tuck,

Fleming.

Lewis,

Vandever,

Flynt,

Lolley,

Veazey

Fonte,

:Maxwell.

Venable,

Frazer,

:McDonald,

Ward.

Fricks,

}Ie.ans.

Warren,

Gallaway,

}Iitchell of Pike,

West,

Gholston,

)litehell of Spalding, Williams of Upson,

Gilbert,

)lob ley,

Wright.

Glenn,

)iontgomery,

THURSDAY, JuLY 25, 1889.

227

Those voting in the negative were Messrs.-

Atkinson of Coweta, Harper, Hill of Meriwether,

Holden, Kimble, McDaniel,

Snelson, Walker, Williams Qf Applin!!.

Those not voting were Messrs.-

Albritton, Arnheim, Atkinson of Butts, Brady, Brewton, Campbell, Champion, Coggins, Crowder, Davis of Elbert, Dennard, Dodgen, Dugger, Felton, Francis, Gamble, Griffin,

Hardage, Hand, Harrell of Decatur, Harrell of Webster, Harris, Hill of Wilkes, Holtzclaw, Hooks, Jenkins of Johnson, ,Johnson of Floyd, Johnson of Clinch, Jones of Baker, Jones of Chattooga, Jones of Coweta, Kitchens, Mathews, McArthur,

McCalla, 1\-IcCook, Mcinnis, :Mcintyre, 1\-lclvP.r. 1\-Iorgan, Park, Peacock, Rankin, Sims of Lincoln, Skelton, Stokes, Tarver, Whitaker, Williarr.s of 'l'elfair, Mr Speaker.

Yeas 116. Nays 9. Not voting 50.

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

A bill to appropriate $100 to J. P. Austin, of DeKalb county, an ex-Confederate soldier.

Under a suspension of the rules, the following Senate bill was takeu from the table, 11nd put upon its passage.

The following bill was then read the third time; the amendments prepared by Messrs. Smith of Gwinnett, Carithers of "Talton, and Lewis of Hancock, were lost. The previous que<;tion was called and sustained.

The report of the committee was then agreed to as amended.

Upon the passage of the bill, the yeas and nays were called for, which call was sustained.

By unanimous consent, the bill was tabled, to-wit:

228

JouRNAL OF THE RoesE.

A bill to prohibit the manufacture, sale or barter of distilled, malt liquors, within three miles of Cedar Creek Baptist Church, in Gwinnett county.

Mr. Davis, of Burke, offered the following resolution,

to-wit:

.

Resolved, That to-morrow, Friday's session of the House,

be continued after the regula!. hour of adjournment long

enough to dispose of bills ready for a second reading; if

necessary, the House to meet at 3 o'clock, p. m., for that

purpose ; and,

Resolvedfurther,, That when the House adjourns Friday afternoon, it adjoums to meet Monday at the regular hour.

Pending the consideration of the resolution, upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLA~TA, GEORGIA,
Friday, July 26, 1889.

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

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

Those present were Messrs.-

Albritton,

Gordon,

Alderman,

Griffin,

Allred,

Gunter,

Alexander,

Hardeman,

Arnold,

Hardage,

Atkinson of Columbia, Hall,

Atkinson of Coweta, Haniday,

Bates,

Ham,

Bell,

Hand,

Berner,

Harper,

Boone,

Harrell of Decatur,

Brady,

Harris,

Mitchell of Pike, Mitchell of Spalding, Mobley, Montgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park,

FRIDAY, JULY 26, 1889.

i!29

Brewton,

Hart,

Patterson,

Brown,

Heery,

Peacock,

Bush,

Herrington,

Perry,

Buxton,

Hill of )leriwether, Postell,

Callaway,

Hill of Wilkes,

Rankin,

Calvin,

Hobbs,

Rawls,

Campbell,

Holden,

Reid,

Candler,

Hood,

Reilly,

Carithers,

Howell,

Speer,

Carlton,

Humphreys of Brooks, Simmons,

Champion,

Humphries of Screven, Sims of Lincoln,

Chew,

Huey,

Sims of Wilkes,

Church.

Huff,.

Skelton,

Clark,

Hyers,

Smith of Calhoun,

Clements,

Jenkins of Harris,

Smith of Decatur,

Clifton,

Jenkins of Johnson, Smith of Gwinnett,

Coggins,

J<>hnston of Campbell, Smith of Wilkinson,

Collier,

Johnson of Crawford, Snead,

Crenshaw,

Johnson of DeKalb, Snelson,

Crowder,

Johnson of Floyd, Stokes,

Daniel,

Johnson of Jones,

Tarver,

Davie,

Jones of Baker,

Tatum,

Davis of Burke,

Jones of Chattooga, Taylor,

Davis of Elbert,

Jones of Coweta,

Thurman,

DeLacy,

Kimble,

Tigner,

Dennard,

Kendrick,

Turner,

Dodgen,

King,

Tyson,

Duggan,

Kitchens.

Twitty,

Dugger,

Knight,

Tuck,

J4.,ain,

Lamar,

Vandever,

Felton,

Lang,

Veazey,

Fleming,

Latham,

Venable,

Flynt,

Lawson,

"\\Talker,

Foute,

Lewis,

Ward,

Francis,

Lofl.ey,

Warren,

Frazer,

:Mathews,

West,

Fricks,

)lax well,

Whitaker,

Gallawny,

}lcDaniel,

Williams of Appling,

Gamble.

)fcCalla,

Williams of Telfair,

Gholston,

}lcCook,

Williams of Upson,

Gilbert,

)lclntyre,

Wright,

Glenn,

}!elver,

Mr. Speaker.

Goodman,

l\Ieans,

Those absent were Mess1s.-

Arnheim,

Hooks,

l\Iclnnis,

Atkinson of Butts, Johnson of Clinch, Singleton,

Harrell of Webster, }lcArthur,

Tanner.

Holtzclaw,

.:\'Ic Donald,

230

JouRNAL oF THE HousE.

Mr. Atkinson, of Columbia, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
Memorials from the ladies of the countieil of Muscogee, Campbell, Meriwether and Carroll, were received, and referred to Committee on Appropriations.
The unfinished business of yesterday, which was the resolution of Mr. Davis of Burke, was taken up, and the same was adopted, to-wit:
Resolved, That to-morrow, Friday's session of the House be continued after the regular hour of adjoUI nment long enough to dispose of bills ready f(Jr a second reading.
Resolved, jurthe1, That when the House adjourns Friday afternoon, it adjourt~ to meet next Monday at the regular hour.
By request, House Bills Nos. 365 and 439 were withdrawn.
Mr. Gordon, chairman of the Joint Committee on the part of the House, to investigate the accounts and offices of the Treasurer and Comptroller-General of the State, submittetl the following report:
Mr. Speake1:
Under the following resofution" Resolved by the House of Representatires, the Senate concurring, That a committee of two from the Senate Finance Committee, and three from the House Appropriation Committee, shall be appointed by the President of the Senate and Speaker of the House respectively, whose duty it shall be to examine into the accour.ts and vouchers of the Comptroller and Treasurer, as provided for in section 186 of the Revised Code. That said committee is authorized to assemble a reasonable time before the commencement of the next session of the General Assembly, in order to thoroughly examine into the condition of said offices, and to make such suggestions as may seem best to subserve the interest of the

FRIDAY, JULY 26, 1889.

231

State, and if, in their opinion, any legislation is necessary in

that respect, said committee is authorized to report by bill

or otherwise."

The undersigned were appointed a committee to sit during

vacation and to examine into the office books, etc., of the

Treasurer and Comptroller-General of this State, as provided

in section 186 of the Code, and to make their report to this

General Assembly.



Under authority of this resolution, your committee met in

Atlanta on the 13th day of May last, and devoted themselves

to this work from that time until the 23rd day of May. Our

examinations were careful, arduous and laborious.

Commencing with the Treasurer's office, we have exam-

ined carefully and minutely all the books kept by that offi-

cer, showing the amount received, disbursements made, for

what purpose made, and under what authority and what law

they were made. We have also, footed up the various

amounts upon said books under the various heads and items,

in order to verify the same. Nothing was taken for granted,

and no calculation or result, as stated on such books, was

accepted by this committee as a correct one until the same

had been verified by us. Commencing with the 1st of Octo

ber, 1887, we have examined every voucher for every item

of expenditure and disbursement made by the Treasurer

from that date until the 12th of May, 1889; and we have

compared such vouchers with the books of the Treasurer and

with his printed report, submitted to this General Assembly

for the year ending September 30th, 1888, and have checked

said vouchers both with the books in his office and with his

published report, and we find after most careful, patient, and

pains-taking examination and comparison and addition of

such amounts, both upon his books and his printed reporl,

that the said vouchers correspond in every particular, both

with his books and his printed report.

We also counted the cash in the Treasurer's office on the

13th day of May. We first obtained from the Comptroller-

General the amount of cash, that, according to his books,

should be in the trea.sury, which showed the amount of

$445,119.88. This amount was verified by us and found to

be correct. We ascertained that there was iri the vault, in

currency, $15,000; silver, $2,300; cash in the till, $1,411.99;

232

JouRNAL oF THE HousE.

mutilated currency, $30.00; vouchers for amounts paid maimed soldiers, $9,755; School Commissioner's orders, $63,051.25; bonds and coupons, $36,449.95; amount in depositories, $305,316.14;, advanced to civil establishment, $11,536.46; advanced to Furnisiling Committee on the Capitol, $25.50; expense account, $240.59.
We also ~xamined the bonds deposited in said Treasury by the foreign insurance companies, doing business in this State, as required by law, and we find that the report of the Treasurer as to the names or' the various companies, the amount of bonds deposited, and the character of the bonds, mentioned in such report, is correct, and verified the same by an examination of each bond mentioned therein. \Ve find that, since his report, the Fire Association of London has withdrawn from business in this State, and, therefore, had withdrawn its $25,000 mentioned in said report.
\Ve also examined the assets of the State as mentioned in said report. We find 186 shares of Georgia Railroad and Banking Company's stock, 440 shares Southern and Atlantic Telegraphing Company's stocks, bonds of the ~1arietta and North Geotgia Railroad Company, $66,233.23, and shares of the Bank of the State of Georgia, shares of the Bank of Augusta, and the shates of the Atlantic and Gulf Railroad Company, as contained in said report of the Treasurer, in the treasut-y, whieh last mentioned assets we find to be worthless. In out examination of the office of the 'freasurer, we find that under the act of .May 1, 1872, there were issued $700,000 worth of bonds, but that of this amount only $307,500 were ever i:,;sued and sold. There were not sold of this issue $392,500, which bonds are in the treasury, and they are cancelled. Of those cancelled bonds we find 36 $1,000 bonds immbering from 174 to 209 inclusive; 5 numbering from 268 to 272, 200 numbering from 301 to 500. Of the denomina~on of $500, we find 1, number 39, and 302 bonds numbering from 99 to 400. In the batch of these cancelled bonds, we find one, number 193, for $1,000, all the coupons intact and cancelled, but w~ were presented by Dr. A. W. Calhoun, of the city of Atlanta, with a duplicate bond of number 1~3, upon which, by reference to the Treasurer's bond-book, we ascertained that the interest thereon had been paid since the 1st day of January, 1884. This bond

FRIDAY, JULY 26, 1889.

233

appears to have been registered by Dr. Calhoun on the 24th of May, 1884. The present Treasurer, on an examination of his office and whilst completing a list of the bonds of the State in his bond book, ascertained the facts we have here set out in reference to said bond number 193, and that, that number of the issue was in the treasury and cancelled, and he declined to further pay the interest. We have been unable to ascertain how it was that this duplicate bond was taken from the office, or by whom; nor were we able to ascertain whether there were more than one duplicate of this series. A suspicious and singular fact attached to this bond, is that no demand has ever been made upon the State _rreasurer for the payment of the past due coupons thereon from 18i2 to the time when it was claimed that it was issued until 1884, when it was purchased by the present owner. He is free from all blame in the matter, and is no doubt, a bona fide owner of the same, but was unable to inform us certainly and definitely f~om whom he purchased it. Your committee submit these facts so that such action may be taken on it as you deem proper. Upon investigation, your committee found that the appropriation act of 1888, which prescribes for the payment of the $2,141,000, as provided in paragraph 1, section 6, is defective, in that it fails to prescribe that $200,000 of such appropriation should be paid from the sinking fund, as now provided by law. We, therefore, submit a bill to amend said act, in order that it may conform to the l:tw.
We further find, and so report, that in our judgment, the present manner of keeping the past due coupons and paid up bonds of the State of Georgia, as proviaed for in section 97 (a) of the Code, is not an efficient and secure method of keeping the bonds and the past due coupons of the State; and we, therefore, recommend that a bond book, as provided for in the bill herewith submitted, be procured, and that aftEr the first day of January, 18t)0, the past due coupons and paid up bonds of the State be kept as provided for in the accompanying act.
Your committee encountered some difficulty in their investigation in ascertaining by what law or authority many items of expense, not embraced in the general or special appropriation bill, had been paid out. 'Ve do not mean to

234

JouRNAL oF THE HousE.

say that any single item was paid out by the Treasurer without authority therefor; on the contrary, when called on, he exhibited a remarkable and accurate knowledge of all the laws heretofore passed, whether the same were embraced in the Code or provided for by special statute, authorizing the payment of money from the treasury to any purpose; but that this difficulty may be hereafter averted, and that the legislature and people may know exactly and definitely to what purposes the money of the State is appropriated and paid, and that the Treasurer may at all times be able to easily know and see the law which makes the appropriation be is called on to pay, we are of the opinion that all the general appropriation bills should contain and specify. all the annual amounts appropriated for every purpose, and the laws under which each is authorized to be made; and to this end we have prepared a bill to carry into effect this suggestion ; and we earnestly suggest that it this bill is passed, no future legislature will ever be called upon to appropriate any money of the State without knowing accurately and definitely every object and purpose for which the same is to be expended. There are many annual appropriations which have been rnade by laws and statutes, Rome of which are codified in the Code of 1882, and many others depending on independent acts; but if the bill suggested should be passed, it would, in our opinion, be of incalculable benefit, not only to the Legislature making the appropriation, but would afford a sure and safe guide and chart to the treasurer in determining with ease and without difficulty, his authority to disburse the funds of the State. In examining the treasurer's office, we found paid for printing the Journals of the Hou~;e and Senate, what seemed t~ us large amounts; and when it is remembered how few of these journals are ever used or seen, it occurs to us that the present law provides for and permits too many of the Journals to be printed. A large number ot these are now stored away and are of no value except as waste paper. We think the printing of the journals, as now provided for, is too expensive, and is wholly unnecessary, and we therefore submit a bill fixing the number to be hereafter printed, and providing for the distribution of those now on hand.
We recommend that the assets mentioned in the Treasu-

FRIDAY, JULY 26, 1889.

235

rer's printed report, to-wit: 1,833 shares of the Bank of the State of Georgia, the shares of the Bank of Augusta, and the shares of the Atlantic and Gulf Railroad, be no longer embraced among the assets of the State in the future reports of the Treasurer. They are now, and have been for a long time past, and are likely, fdr all time to come, to remain worthless.
EXAJIIINATION OP THE CO:IIPTROLLER-GENERAL'S OFFICE.
We have examined the Comptroller's books, the certificates of the Treasurer given him for the amounts paid his office as required by law, and have checked every certificate and voucher from the first of October, 1887, until the 12th day of May, 1889, and we find that the books of the ComptrollerGeneral and the certificates, when checked together, cor1espond in every instance. We further footed up and added the various amounts upon his books from the 1st of October, 1887, to the 12th day of .May, 1889, showing the receipts in his office, the amounts paid out, and the amounts of thewarrants drawn upon the treasury, recorded therein, and we find that they correspond and are correct, and when finally footed up that they give the exact amount that was in the treasury on the 12th day of .May, 1889. Not only this, but we examined the reports of the various tax collectors of tee State and their digests, showing the amount of tax paid by the various counties in the State, and examimid the record of special taxes made by each county in the State, and compared it with the certificates of deposit given to said Comptroller-General by the Treasurer, the books of the Treasurer and the public report of the Comptroller-General, and, after comparing the same, and a careful addition and footing up of all the various amounts, we find that they correspond in every instance and particular. We found, upon examination of the Comptroller-General's office, that the taxes due the State by the railroads, and which are due on October 1st of each year, are not promptly paid. In order that they should be promptly met, we suggest that there should be a penalty imposed upon such railroads as fail to comply with the law, and to that end we herewith submit a bill prescribing a penalty of $500 upon such as fail to pay the taxes due the State by October 1st of each year. 'Ve concluded, also, from an examination of the returns of the taxes made by the citizens

236

JouRNAL oF THE HousE.

of the various counties, that if the law required all property owned on January 1st to be returned for taxes, instead of

that owned on April 1st, the State would be materially ben-

efited by an increase of taxable property. We, therefore, submit a bill proposing to cha~ge the law in this respect.

We also found, on examining the office of the Comptroller-

General, that the law upon the subject of the redemption of

wild lands, sold for taxes, as provided for by section 874 (c)

of the Code, is wholly insufficient to meet the purposes

intended by the law. We do not think that the Sheriff

should be the custodian of the surplus arising from such

sale for two years, and be permitted to pass upon the rights

and title of the claimants. We therefore submit and sug-

gest that the section of the Code referred to, be amended as provided for by the bill herewith submitted, which provides

for the payments of the surplus into the treasury of the

State, and submits to the Attorney-General the determina-

tiOJ of the title of the claimant. In our examination of

these offices, we have been afforded every facility by the

officers and their subalterns, every one of whom manifested

both familiarity with th~ duties of their offices, as well as

skill, ability and efficiency in the discharge of their duties.

The books are kept. in a neat and thoroughly business-like

manner, arld reflect credit upon those upon whom these

duties devolve. We deem it to be our duty, and it affords us pleasure to say, that the Treasurer and Comptroller-

General of the State are both officers whose efficiency and

faithfulness, careful administration of their duties, should

and does entitle them to the endorsement and approval of

this committee, the legislature and the people, as officers

whose chief aim is to faithfully discharge their duties as

. required by law. In our judgment, the State rs fortunate

in having in her service these gentlemen.

Respectfully submitted.

'VILLIAM ,V. GoRDON,
J. D. HARRELl,, J. L. HAND.

Com. on part of House.

CHAS. L. BARTLETT, S. D. BRADWELL,
Com. on part of Senate.

FRIDAY, JULY 26, 1889.

237

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

Mr.' Speaker:
The President of the Senate has appointed, as the committee on part of the Senate, '' to formulate a bill for the construction an.d maintenance of good public roads in this State," Messrs. Boyd of the 32d, and Sanford of the 23d Districts.
The Senate has concurred in the following resolution of the House, as amended, to-wit:
A resolution convening the General Assembly in joint seesion on :Friday, August 2d, for the purpose of electing a Judge of the Superior Court of the Pataula Circuit.
Mr. Fonte, chairman of the Committee on Temperance, submitted the following report :

Mr. Speaker:
The Committee on Temperance have ha~ under consideration the following bills, which they direct me to report back to the House, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to prevent the sale of intoxi.,. eating liquors within three miles of the Methodist Church at Orchard 'Hill, Georgia.
Also, a bill to prohibit the sale of intoxicating liquors and intoxicating bitters, within three miles, in every direction, of Teamon Baptist Church, in Cabins District, Spalding county, and for other purposes.
Respectfully submitted. A. M. FouTE, Chairman.
Mr. Lawson, chairman of the Committee on Corpora-
tions, submitted the following report:

Mr. Speaker: The Committee on Corporations have had under consid-

23R

JouRNAL OF THE HousE.

eration the following bills, which thPy recommend do pass, to-wit:
House Bill No. 672, to amend the charter of the town of Ellijay.
Also, Bill No. 615, to incorporate the Georgia Mutual Live Stock Insurance Company.
Also, Bill No. 509, to amend the charter of-Griffin, and' for other purposes.
Also, Bill No. 637, to incorporate the town of Adel, in Berrien county, and fot other purposes.
Also, Senate Bill No. 73, to incorporate the Carrollton Mutual Fire Insurance Company.
Also, the following bills which they recommend do pass with amendments lwrewith submitted :
Bill K o. 346, to incorporate the Altamaha and Sapello River Canal Company.
Also, Bill No. 339, to establish a new charter for the town of McRae; in Telfair county.
Also, Bill No. 665, to incorporate the town of Walesca, in Cherokee county.
Also, Bill No. 514, to amend the charter of Hawkins'ville.
Also, Bill No. 294, to incorporate the Union Railroad and Transfer Company, and for other purposes.
Also, Bill No. 609, to incorpomte Vineyard's Creek Church, in Madison county.
Also, Bill No. 555, to renew and extend the charter of Turtle River and Buffalo Swamp Canal Company.
Respectfully submitted. THOS. G. LAwsoN, Chairman.
Mr. Duggan, chairman of the (;ommittee on Enrollment, submitted the following report:

FRIDAY, JULY 26, 1889.

. 239

.Jtlr. 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 town of Colquitt, in the county Qf Miller.
Also, an act to prohibit the sale of spirituous liquors, by a seller of spirituous liquors, to any person who is, at the time, intoxicated or drunk.
Also, an act to repeal an act entitled an act, to create a County Court in each county in this State, except certain counties therein named, approved January 19, 1872.
Also, a resolution for the relief of the Equitable Life Assurance Society.
Also, an act to appropriate the sum of twenty-five hundred dollars to the executors of General Robert Toombs, as compensation for services rendered by General Toombs.
Respectfully submitted. IvY \V. DuGGA~, Chairman.

Mr. Hill, of Meriwether, 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 ~ouse, which they instmct me to report back, with the recommendation that it do pass, to-wit:
A bill to provide for extending the provisions of an act, to allow the 01dinary of Marion county to levy a tax for county school purposes.
Also, the following bill, which they report back, with the recommendation that it do pass, as amended, to-wit:
.A bill to provide for the payment of insolvent costs to

240

JouRNAL OF THE HousE.

the county officers of the counties of Marion, Lincoln, McDuffie and Douglas.
Also, the following bill, which they recommend be rend the second time and recommitted, to-wit:
A bill to amend an act creating a board of County Commissioners, for the counties of Camden, Thomas and Echols.
Respectfully submitted. H. W. HILL, Chairman.
Mr. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
The Committee on Special Judiciary have had under consideration the following House bills, to-wit:
A bill to be entitled an act to amend section 4.527 of the Code of 1882.
Also, a bill to be entitled an act to prohibit the fishing or seining in Linton. Lake or Sheldon Pond, in Thomas county, etc.
Also, a bill to be entitled an act to repeal an act entitled an act to establish a City Cqurt in the city of Carrollton, etc., which they instruct me to report to the House, with the recommendation that they do pass.
Also, a bill to be entitled an act to repeal an act, approved October 6, 1885, entitled au act to provide for two weeks' session of the Superior Court of the county of Marion, which they instructed me to report to the House, with the recommendation that it do not pass.
Respectfully submitted. J. T. OLIVE, Chairman.
By unanimous consent, the following House bill was taken up, and the SenatP. amendments thereto were concurred in, to-wit :
A bill to authorize the Mayor and Council of the town of Monticello to issue bonds, and provide for the payment

FRIDAY, JULY 26, 1889.

241

of the principal and interest on the same by local taxation, for the purpose of building and furnishing a school house for the whites and for the colored people, etc.
Upon motion, three hundred copies of the report of the committee to investigate the accounts and offices of the Treasurer and Comptroller-General, were ordered printed for the use of the House.
By unanimous consent, the regular order of business, which was the call of the roll of counties for the introduction of new matter, was dispensed with, and members having bills for introduction, were allowed to send them to the clerk's desk, when the following bills and resolutions were introduced, read the first time, and appropriately refPrred.
By Mr. Heery, of BryanA bill to create a Board of Commissioners of RoadR and
Revenues for the county of Bryan, and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Collier, of DoolyA bill to amend section 983 (a) of the Code of Georgia,
so as to make Cordele a State Depository. Referred to Committee on Ways and Means.
Also, 11 bill to require the owners of horses, cows, sheep, hogs, and stock of all kind, to keep the same from running at large upon the lands of another in the 1st district, and a portion of the 2nd and 9th districts of Dooly coanty, Georgia, etc.
Referred to Committee on Counties and County Matters.
By Mr. Mcinnis, of IrwinA bill to create a Board of Commissioners of Roads and
Revenues for the county of Irwin, etc. Refel'red to Committee on Counties and County Matters.
By Mr. Flynt, of TaliaferroA bill to prohibit the sale of distilled, malt or vinous
liquors, within three miles of the Methodist and Baptist Churches, situated in the village of Raytown, in the 172nd
16

242

Jot:RNAL oF THE HousE.

District, G. M., Taliaferro county, except in Sharon, an incorporated town in said District. etc.
Referred to Committee on Temperance.
Also, a bill to require and provide for the registration of voters in the county of Taliaferro, etc.
Referred to Committee on Counties and County Matters.
By Mr. Montgomery, of MarionA bill to exempt from road duty, in this State, all per-
sons who enlisted in the military service of the Confederate States, or of this State during the civil war between the States, etc.
Referred to Committee on Agricultme.
By Mr. Campbell, of JasperA bill to authorize and require the registration of all
voters of the county of Jasper, and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Tanner, of CoffeeA bill to incorporate the town of Williecoochee, in the
county of Coffee. Referred to Committee on Corporation~.
By Mr. Humphries, of ScrevenA bill to repeal au act to change the time of holding the
court of Ordinary of Screven county. Referred to Committee on Special Judiciary.
By Mr. Bell, of ForsythA bill t~ secure lands in a suitable location, and erect
buildings thereon, for a Woman's Reformatory Home; to appropriate money for the same, and for other purposes.
Referred to Committee on Appropriations.
By' Mr. Tuck, of ClarkeA bill to provide for the registration of all qualified
voters of the county of Clarke, and for other purposes. Referred to Committee on Special Judiciary.
By Mr. Fonte, of BartowA resolution for the relief of the East and West Railroad
of Alabama. Referred to Committee on Ways and Means.

FRIDAY, .JuLY 26, 1889.

243

By Mr. Tuck, of ClarkeA bill to authorize and empower the Mayor and Council
of the city of Athens to grade, pave, macadamize and otherwise improve certain streets of said city, etc.. ' Referred to Committee on Corporations.
By Mr. Postell, of GlynnA bill to incorporate the Brunswick State Bank, etc. Referred to Committee on Banks.
By Mr. Tigner, of MuscogeeA bill to amend section 3971 of the Revised Code of
1882. Referred to Committee on General Judiciary.
By Mr. Jones, of ChattoogaA bill to alter and amend the road laws of this State so
far as rel~tes to the county of Chattooga, etc. Referred to Committee on Roads and Bridges.
By Mr. Venable, of Fulton (by request)A resolution to relieve the Niagara Insurance Company,
of New York, etc. Referred to Committee on Appropriations.
Also, u. resolution for the relief of the Imperial Life Insurance Company, of Detroit, Michigan.
Referred to Committee on Appropriations.
By Mr. Howell, of FultonA bill to incotporate the Atlanta and Alabama Coal and
Iron Company, and for other purposes. Referred to Committee on Railroads.
By Mr. Gordon, of ChathamA bill to prescribe and provide what the General .\ppro-
priation Bills of each General Aseembly shall contain, and for other purposes.
Referred to Committee 'on Appropriations.
By Mr. Tuck, of ClarkeA bill 'to incorporate Moore's Grove Baptist Church, in
Clarke county, so as to prohibit ,the sale of intoxicating liqums within three miles of the same.
Referred to Committee on Temperance.

244

JouRNAL oF THE HousE.

By Mr. Gordon, of ChathamA bill to alter and amend section 97 (a) of the Code of
1882, so. as to provide a different book and method for registering the bonds of this State, and the payment of said bonds and such coupons thereof as may be paid by the Treasurer of the State, etc.
Referred to Committee on Appropriations.
Also, a bill to amend section 6, paragraph 1, of the act known as the General Appropriation Act of 1888, by adding a paragraph that $200,000 of the maturing bonds shall be paid from the sinking fund.
Referred to Committee on Appropriations.
By Mr. Crenshaw, of RandolphA bill to prohibit the putting of fish traps, nets or other
obstructions, to prevent the free passage of fish in. any water course in Randolph county, and to provide for the removal of existing obstructions, etc.
Referred to Committee on Agriculture.
By Mr. Dugger, of FanninA bill to require all railroad companies operating in this
State to fence their right of way on each side of the track, to prevent live stock from running at large on such track, etc.
Referred to Committee on Railroads.
By Mr. Lewis, of HancockA bill to relieve Eugene Binion as surety on the penal
bond of Henry Turner. Referred to Committee on General Judiciary.
Mr. Tatum, of Dade, offered the following resolution, which was, upon motion, tabled, to-wit:
Resolved, That whereas, the members of the House have been invited to visit the Marble Works, situated on the Marietta and North Georgia Railroad, on next Saturday ; and whereas, there is a bill now pending before the House to extend the charter of said railroad from Matietta to the city of Atlanta, which, if granted, would come in direct competition with the State Road ; and whereas, the object of said

FRIDAY, JULY 26, 1889.

245

visit is to secure the passage of said bill, therefore, be it resolved, that the members of the House receive no pay for their services while making said visit.
The following bill was read the third time; the report of the Committee was agreed to; the proper legal proofs were exhibited, aud the hill passed by the rf'quisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to abolish the office of Commissioner of Roads aud Revenues of Forsyth county, 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 passed, by the requisite constitutional majority, yeas 92, nays 0, to-wit :
A bill to incorporate the Cumming and Warsaw Railroad Company; to confer certain powers, etc.
The bill was ordered to be immeqiately transmitted to the Senate.
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 91, nays 0, towit:
A bill to amend an act creating the Commissioners of Roads and Revenues for Fulton county, and the several acts amendatory thereof, and for other purposes.
House Bill No. 421 was taken up for a third reading, and, upon motion, the same was tabled.
House Bill No. 423 was, upon motion, tabled.
The following bill was read the third time; the report of the committee, which was favorable to the passage of the bill by two substitutes, was. agreed to, and the bill passed by two substitutes by the requisite constitutional majority, yeas 96, nays O, to-wit :
A bill to amend an act, approved September 19, 1885, to incorporate the Darien Short Line Railroad Company,

246

JouR~AL OF THF. HousE.

so as to allow said corporation to buifd and operate a. branch or branches of its road from a point or points near Baisden's Bluff to Sapels River, and to extend the time for the completion of said railroad.

Also, a bip to amend an act, approved September 1&, 1880, to incorporate the Darien Short Lise Railroad Company, so as to allow said corporation to construct, equip, purchase, lease and operate a telegraph line along and upon the right of way of said railroad.

The followin-g bill was tead the third time; the report of the committee was agreed to; the proper legal proofs were exhibited, and the bill passed by the requi>"ite constitutional majority, yeas 87, nays 0, to-wit:

A bill to amend an act establi,..hing a new charter for the town of Camilla, approved October 24, 1887.

The following bill was tead 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 99, nays 0, towit:

A bill to repeal an act, approved February 23, 1876, fixing the salaries of the county Treasurers of Sumter and Randolph counties at the sum of three hundted dollars per annum.

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 name of the Manufacturers' Insurance Mutual Aid Society to Manufacturers' Mutual Fire

Insurance Company, and to amend the charter of said com-

pany.

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, to-wit:

.,

FRIDAY, .Jn;y 2G, 18ti9.

24<'

A bill to incorporate the town ot Panott, m Terrell county, Ga.
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 ti7, nays 0, to-wit :
A bill to incorporate the Georgia Pharmaceutical Association, and for other purpvses.
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 pa!"sed by the re(1uisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to amend the charter of the town of Cairo, Thomas county.
The following bill was read the third time; the report of th~ committee was agreed to as amended, and the bill passed as amended, by the requisite constitutional majority, yeas 90, nays 0, to-wit.
A hill to incorporate the Thomasville and Cordele Railway Company.
Honse Bill Xo. -!(:i(j was taken up for a third reading, and, upon motion, the same was tabled.
By unanimous consent, the following bills were introduced, read the first time, and referred to the Committee on General Judiciary, to-wit:
By :\Ir. Hardage, of Cobb. A hi II to alter and amend section -lG62 of the Code of 1882.
Also, a bill to amend sections 598 and 600 of the Code of 1882.
Referred to Committee on Counties and County Matters.
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:

248

JouRNAL oF THE HousE.

A bill to alter and amend the charter of the town ot Hartwell.
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 cotton in the seed in the county of Jast-'er, between the 15th day of August and the 15th day of December, in quantities less than five hundred pounds, etc.
The following bills were read the second time, to-wit :
A bill to provide compensation to managers of elections of this State, etc.
Also, a bill to provide when transfers and liens shall take effect as against third parties.
Also, a bill to provide for the punishment of any executor, administrator, guardian, etc., who shall fraudulently and willfully convert to his own use any monies or other things of value belonging to the estate in his hands, etc.
Also, a bill to change the time of holding the Superior Court of Emanuel county.
Also, a bill to amend section 4083 of the Code of 1882.
Also, a bill to establish a new charter for the town of McRae, in Telfair county.
Also, a bill to repeal so mnch of an act to provide for the payment of insolvent costs to county officers of the counties of Marion, Lincoln, McDuffie and Douglas, approved February 15, 1873, so far as the same applies to Marion county.
Also, a bill to amend section 4527 of the Code of 1882.
Also, a bill to incorporate the Union Railroad and Transfer Company.
Also, a bill to amend an act, approved October 13, 188.'), in relation to the Volunteer Troops of this State.

FRIDAY, JuLY 26, 1889.

249

Also, a bill to establish the County Court of Screven.
Also, a bill to amend the charter of the town of Hawkinsville.
Also, a bill to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company.
Also, a bill to incorporate the town of McRea, in the county of Telfair.
Also, a bill to punish for and prevent the formation of pools, trusts, companies, and other agreements to regulate prices or limit the amount of products; to protect the people against the same, etc.
Also, a bill to prohibit the organization or operation within this State of p0ols, trusts, monopolies, etc.
Also, a bill to amend an act, approved February 20, 1873, creating a Board of Commissioners of Roads and Revenues for Thomas county. Recommitted.
Alsn, a bill to incorporate the Augusta and West Florida Railroarl.
Also, a bill to incorporate the Empit'P Mills Telegraph Company.
Also, a bill to provide for extending the provisions of an act, approved t:;eptember 23, 1887, relating to taxation of Marion county.
Also, a bill to incorporate the Altamaha and Sapelo River Canal Company.
Also, a bill to appropriate the proceeds of the hire of convicts to the payment of the costs accruing, to the officers of court, etc.
Also, a bill providing for the registration of voters of Pierce county.
Also, a bill to require the owners of horses, mules, and stock of all kinds, from running at large upon the lands of
. another in the 961st District, G. M., Schley county, Ga.

2.jO

JouR~AL oF THE HocsE.

Also, a bill to declare all obligations to pay attorneys' fees upon any note or other evidence of debt Yoid, unless a plea or pleas be filed by the defenrlant and not stistained.
Also, a bill to incorporate the Georgia Mutual Live Stock In.~urance Company.
Also, a hill to require persons or corporations employing females in manufacturing, mechanical or meicantile establishments, to provide suitable seats, and permit their use by such females when not employed.
Also, a bill to incorporate the town of \Valesca, in the county of Cherokee.
Also, a bill to prevent the running at large of stock of all kinds in the 777th District, in Randolph county.
Also, a bill to amend the charte1 of the town of Ellijay.
Also, a bill to amend item 12 of section 920 of the Code of 1882.
Abo, a bill to incorporate the to\\ n of AdPI, in the county of Berrien.
Also, a bill to repeal an act to establish a City Court in tlw citv of Carrollton.
Also, a bill to provide for furnishing rooms of Agricultural Department.
Also, a bill to incorporate \Tineyard C1eek Chmch in Madison county, Ga.
Also, a bill to prohibit the sale of seed cotton in the county of Crawford, between the 15th day of August and 15th day of December.
Also, a bill to amend ;,;ection 1465 (h) of the Code of 188:Z.
Also, a bill to amend an act incorporating the Thomasville Street Railway Company.
Also, a bill to renew and extend the charte1 of the Turtle River and Buffalo Swamp Canal Company.
Also, a bill to authorize and empower the Mayor and

MoxDAY, .JuLY 29, 1889.

251

Council of the city of Columbus to make to the Gar,; Light Company. of Columbus title to the land in said city, now held and occupied by said company.
Also, a bill to amend the charter of Griffin, and the various acts amendatory thereof.
Also, a bill to incorporate the Kansas City and Port Royal Railroad Company.
Al!"o, a bill to prohibit the fishing or seining in Linton lake or Sheldon pond without the con>:ent of the owners thereof.
Also, a bill to amend an act to incorporate the Midville, Swainsboro and Red Bluff Railroad.
Also, a bill to amend an act for the protection of game in the county of Montgomery.
'Upon motion, two hundred copies each of Honse Bills Nos..)34 and 499, were ordered printed for the use of the House.
Leave of absence was granted to the following members, to-wit: Messrs. Glenn, Dugger, Goodman, Jones of Baker, Carithers, Vandever, Stokes, Francis, Hardeman, and Atkinson of Columbia.
By request of the committee, ::\Ir. Reilly was added to the Committee on Blind Academy.
The hour of adjournment having anived, the Honse adjourned until Monday morning at 9 o'clock.

ATLAXTA, GEORGIA,
Monday, July 29, 188~).
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by the Rev. Mr. Bates.
The roll was called and the following members answered to their names:

252

JouRNAL l'F THE HousE.

Those present were Messrs.-

Albritton, Alderman, Allred, Alexander, Arnold, Atkinson of Coweta, Bates, Bell, Berner, Boone, Brady, Brewton, Brown, Bush, Buxton, Callaway, Cahin, Campbell, Candler, Carithers, Carlton, Champion, Chew, Church, Cla;k, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, DaYie, DaYis of Burke, DaYis ot Elbert, DeLacy, Dennard, Dodgen, Duggan, Fain, Felton, Flenling, Fonte, Francis, Frazer, Fricks,

Griffin,

::\Iclnnis,

Gunter,

l\Idntyre,

Hardeman,

::\leans,

Hardage,

)litehell of Pike,

Hall,

Mitchell of Spaldin~:,

Halliday,

Montgomery,

Ham,

Morris,

Hand,

)[urray,

Harper,

::\Iustin,

Harrell of Decatur, Olive,

Harris,

Oliver,

Hart.

O'Neil,

Heery,

Patterson,

Herrington,

Peacock,

Hill of l\Ieriwether, Perry,

Hill of 'Wilkes,

Postell,

Hobbs,

Rankin,

Holden,

Raw!,;,

Hood,

Reid,

Howell,

Reilly,

Humphreys of Brooks, Speer,

Humphries of Screven, Hims of Lincoln,

Huey,

Sims of Wilkes,

Huff,

Skelton,

Jenkins of Harris,

Smith of Decatur,

,Jenkins of Johnson, Smith of Gwinnett,

,Johnston of Campbell, Smith of Wilkinson,

,Johnson of Crawford, Snead,

Johnson of DeKalb, Snelson,

Johnson of Floyd,

Stokes,

Johnson of Jones,

Tanner,

Jones of Baker,

Tatum,,

,J one,; .of Chattooga, Taylor,

.Jones of Coweta,

Thurman,

Kimble,

Tigner,

Kendrick,

Turner,

King,

Tyson,

Kitchens.

Twitty,

Knight,

Tuck,

Lamar.

Vandever,

Lang,

Veazey,

Latham,

Venable.

Law .son,

\Valker,

Lewis,

\Yard,

Lofley,

\Varren,

)lathews,

\Vest.

MoNDAY, JuLY 29, 1889.

253

Gallaway, Gholston, Gilbert, Glenn, Goodman, Gordon,

Maxwell, McArthur, McDonald, McDaniel, McCalla, )fcCook,

Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, :Mr. Speaker.

Those absent were Messrs.-

Arnheim,

Holtzclaw,

Atkinson of Butts, Hooks,

Atkinson of Columbia, Hyers,

Dugger,

Johnson of Clinch,

Flynt,

~{elver,

Gamble,

Mobley,

Harrell of Webster,

Morgan, Park, Simmons, Singleton, Smith of Calhoun, Tarver.

Mr. Jenkins, of Harris, of the Committee on Journals, reported that 'the Journal had been examined and approved.

The Journal was theq read and confirmed.

Leave of absence was granted to the following members,

to-wit: Messrs. Gamble, Simmons, Park, Clement, Morgan,

Hyers, Flynt, Mobley, BoonE!, Johnson of Clinch, and

Holden.

'

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 and resolutions of the General Assembly, to-wit:
An ad to prohibit the sale of spirituous liquors, by a seller of spirituous liquors, to any person who is, at the time, intoxicated or drunk, and to prescribe a penalty for its ':iolation.
Also, an act to ~ppropdate the sum of $2,500 to the executors of General Robert Toombs, as compensation for services rendered by General Toombs in the case of Tilly vs. Savannah, Florida and Western Railroad, .Tames M. Smith et al., Railroad Commission, etc.

254

JouRNAL OF THE HousE.

Also, an act to incorporate the town ot Colquitt, in the county of Miller.
Also, a resolution for the relief of the Equitable Life Assurance Society of the United States.
Mr. Snelson, of Meriwether, offered the following resolution, which was read, and, upon motion, the same was tabled, to-wit:
ReBolved, That from and after this date, whenever the House of Representatives shall adjourn for the personal pleasure or benefit of the members, it shall be unlawful to pay any member of the House for the time of such adjournment.
Resolved 2nd, That this House of Representatives will grant no more leaves of absence to its members except for Providential causes, or on demand of the courts of the State.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Counties and County Matters, to-wit:
By Mr. Heery, of BryanA bill to require and provide for the registration of all
voters in the county of Bryan, and for other purposes.
By uoanimous consent, the regu1ar order of business was dispensed with, and members having bills for introduction were allowed to send the same to the Clerk's desk, when the following bills were introduced, read the first time, and appropriately referred, to-wit:
By ~r. Warren, of BullochA bill to authorize and require the registration of all
voters in the county of Bulloch, and for other purposes. Referred to Committee on Counties and County Matters.
By Mr. Mathews, of HoustonA bill to establish a system of public schools for the city
of Fort Valley, etc. Referred to Committee on Education.

l\ImmAY, JULY 29, 1889.

255

By Mr. O'Neill, of FultonA bill to amend an act to incorporate the Fulton County
Street Railroad Company, etc., approved September 17, 1883, as amended by the act of October 24, 1887, so as to authorize said company to extend its road into the counties of DeKalb and Cobb, etc.
Referred to Committee on Railroads.
By Mr. Rankin, of GordonA bill to incorporate the Oostanaula and Coosawattee
Railroad Company. Referred to Committee on Railt"Oads.
By Mr. Crowder, of MonroeA bill to require the agents of non-resident persons,
firms, companies and corporations, engaged in the business of lending money in this State, to make returns and pay taxes.
Referred to Committee on Appropriations.
By Mr. Johnson, of CampbellA bill to require railroad companies to cause all passen-
ger trains to leave the terminal points and all stopping points on their respective road!' on schedule time, or within thirty minutes thereof, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Gunter, of HenryA bill to amend an act to amend section 4562 (a) of the
Code of 1882, passed October 19, 1885, etc. Referred to Committee on Hygiene and Sanitation.
By Mr. Hand, of MitchellA bill to incorporate the Bainbridge and Northeastern
Railroad Company, and for other purposes. Referred to Committee on Railroads.
By Mr. Oliver, of EarlyA bill to incorporate the Southwest Georgia Railway,
Lumber and Banking Company, and for other purposes. . Referred to Committee on Railroads.
By request, House Bills Nos. 499 and 534, were committed to Committee on General Judiciary.

256

JouRNAL oF THE HousE.

A memorial from the ladies of Meriwether county was received and referred to the Committee on Appropriations.
By request, House Bill No. 144, was recommitted to the Committee on Counties and County Matters.
By unanimous consent, the following bill was introduced, read the first time, and r~ferred to (;ommittee on Corpora~ tions, towit :
By Mr. Howell, of FultonA bill to amend an act to incorporate the Underwriters'
Mutual Insurance Company, etc., approved December 27, 1886.
By Mr. Clifton, of ChathamA bill to amend section 118 of the Code of 1882, etc. Referred to Committee on General Judiciary.
By Mr. Howell, of FultonA bill to alter and amend sub-division 16 of section 2 of
the act approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890.
Referred to Committee on ~Ways and Meant;.
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 by the requisite constitutional majorities, to-wit:
A bill to amend an act, approved October 2nd, 1879, so
far as the same relates to the county of 'Vayne ; yeas 27,
nays 0.
Also, a bill to alter the oaths of witnesses before grand iuries of the State of Georgia, when the perpetrators of crimes are unknown; yeas 30, nays 0.
Also, a bill to prevent the hunting, trapping, and netting of game in Gwinnett county, within a certain specified time ; yeas 26, nays 0.

MoNDAY, JuLY 29, 1889.

257

Also, a bill to encourage and authorize the construction of telegraph lines in the State of Georgia; yeas 26, nays 0.
The Senate has also pas~;ed the following House bill by the requisite conl'ltitntional majority, to-wit:
A bill to relieve Capt. J. M. Barnes, of the Thompson Guards, and his bondsmen, in the matter of arms and accoutrements, etc.; yeas 27, nays 0.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

Mr. Speaker :
The Committee ou 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 Monticello to issue bonds for the purpose of hnilding school houses, etc.
ReRpectfully submitted. IvY W. DuGGAN, Chairman.
The following Senate bills were read the first time, and appropriately referred, to-wit:
By Mr. Bartlett, of the 22d DistrictA bill to incorporate the Union Savings Bank and Trust
Company, and for other purposes. Referred to Committee on Banks.
Also, a bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes, approved September 28, 1881, etc.
Referred to Committee on Railroads.
By Mr. Hall, of the 26th DistrictA bill to prescribe how briefs of evidence in motions for
new trial shall be made up, and for other purposes. Referred to Committee on General Judiciary.
Also, a bill to prescribe the manner of taking cases to 17

258

JouRNAL OF THE HousE.

the Supreme Court; to confine the decision of the Supreme

Court to the specifically alleged errors, etc.

,.

Referred to Committee on General Judiciary.

By Mr. Johnson, of the 24th DistrictA bill to incorporate the Wynnton and Columbus Street
Railroad Company, etc. Referred to Committee on Railroads.

By Mr. Henderson, of the 15th DistrictA bill to incorporate the town of Lumber City, in the
county of Telfair, and for other purposes. Referred to Committee on Corporations.

By Mr. Rice, of the 35th DistrictA bill to enlarge the powers and duties of the County
Commissioners, or Ordinaries in counties where there are no Commissioners, of the several counties of the State of Georgia, so as to empower said Commissioners or Ordinaries to bring action against any railroad corporation, to sustain the rights of the public in and to any highway, etc.
Referred to Committee on Corporations.

By Mr. Wooten, of the 9th DistrictA bm to amend the charter of the city of Albany, Geor-
gia, etc. Referred to Committee on Counties and County Matters.

By Mr. Roberts, of the 6th DistrictA bill to amend section 943 (a) of the Code of Georgia
of 1882, etc. Referred to Committee on Ways and Means.

By Mr. Wooten, of the 9th DistrictA bill to incorporate the Artesian City Ratlr.>ad Com-
pany. Referred to Committee on Railroad~.

By Mr. Rice, of the 35th DistrictA bill to authorize and require the registration of all
voters in the county of Fulton, State of Georgia. Referred to Committeeon Counties and County Matters.

MoNDAY, JuLY 29, 1889.

259

By Mr. Hall, of the 26th District-
4 bill to amend an act to change the name of the Georgia
Se~urity Investment Company, chartered by the Superior Court of Fulton county, to the Atlanta Trust and Banking Company, and for other purposes, approved December 26, 1888.
Referred to Committee on Corporations.
Also, a bill to alter the oaths of witnesses before grand juries of the State of Georgia, where the perpetrators of crimes are unknown.
Referred to Committee on General Judicia1y.
By Mr. Bartlett, of the 22d District~ bill to encourage and authorize the construction of
telegraph lines in the State of Georgia, and conferring certain privileges and powers, etc.
Referred to Committee on Corporations.
By Mr. Jones, of the 34th DistrictA bill to prevent hunting, netting or trapping of certain
game in Gwinnett county, within a certain specified time, etc. Referred to Committee on Counties and County Matters.
By Mr. Harris, of the 3d DistrictA bill to amend an act approved October 2, 1879, so far
as the same relates to the county of 'Vayne ; to fix the amount of license for selling or vending spirituous, intoxicating liquors, so as to include Jamaica ginger.
Referred to Committee on Temper,mce.
By unar.imous 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 99, nays O, to-wit:
A bill to repeal an act to establish a City Court in the city of Carrollton, in the county of Carroll, etc.
The following Senate bills were read the second time, to-wit:

260

JouRNAL oF THE HousE.

A bill to incorporate the Carrollton Mutual Fire Insurance Company.

Also, a bill to prohibit the sale or furnishing, or giving, or providing to minors of cigarettes, tobacco, or cigarette paper, or any substitute therefor, and to provide penalties for the same.

Upon motion, House Hill No. 569 was made the special order for Tuesday, August 6th, immediately after the reading of the Journal.

The following bill was read the third time; 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 of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Albritton, Alderman, Allred, Alexander, Arnold, Bates, Berner, Brady, Brewton, Bush, Buxton, Callaway, Calvin, Candler, Carlton, Church, Clark, Clifton, Crenshaw, Crowder, Daniel, Davis of Elbert, Davis of Burke, DeLacy, Dennard,

Gilbert,

McCalla,

Glenn,

McCook,

Gordon,

Mcintyre,

Gunter,

Means,

Hardage,

Mitchell of Spalding,

Hall,

Morris,

Halliday,

Murray

Hand,

Mustin,

Harper,

Olive,

Harrell of Decatur, Oliver,

Beery,

Postell,

Herrington,

Rankin,

Hill of Meriwether, Rawls,

Hobbs,

Reid,

Hood,

Reilly,

Humphreys of Brooks, Sims of Lincoln,

Huey,

Skelton,

Jenkins of Harris,

Smith of Decatur,

Johnston of Campbell, Smith of Gwinnett,

Johnson of DeKalb, Smith of Wilkinson,

Johnson of Jones,

Snelson,

Jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendrick,

Thurman,

King,

Turner,

MoNDAY, JuLY 29, 1889.

261

Dodgen, Duggan, Fain, Felton, Fleming, Foute, Fricks, Gholston,

Knight, Lamar, Lang, Latham, Lawson, Lewis, Mathews, Maxwell,

Twitty, Tuck, Veazey, Venable, Walker, Ward, Warren, Williams of Upson.

Those voting in the uegative were Meesrs.-

Atkinson of Coweta, Ham,

Brown,

Lolley,

Montgomery, Wright.

Those not voting were Messrs.-

Arnheim,

Hart,

Morgan,

Atkinson of Butts, Hill of Wilkes,

O'Neill,

Atkinson of Columbia, Holtzclaw,

Park,

Bell,

Holden,

Patterson,

Boone,

Hooks,

Peacock,

Campbell,

Howell,

Perry,

Carithers,

Humphries of Screven, Speer,

Champion,

Huff,

Simmons,

Chew,

Hyers,

Sims of Wilkes,

Clements,

Jenkins of Johnson, Singleton,

Coggins,

Johnson of Crawford, Smith of Calhoun,

Collier,

Johnson of Floyd,

Snead,

Davie,

Johnson of Ulinch, Stokes,

Dugger

Jones of Baker,

Tanner,

Flynt,

Jones of Chattooga, Tarver,

Francis,

Kitchens,

Tigner,

Frazer,

McArthur,

Tyson,

Gallaway,

McDonald,

Vandever,

Gamble,

McDaniel,

West,

(}oodman,

Mcinnis,

Whitaker,

Griffin,

Mciver,

Williams of Appling,

Hardeman,

Mitchell of Pike,

Williams of Telfair,

Harrell of Webster, Mobley,

Mr. Speaker.

Harris,

Yeas 99. Nays 6. Not voting, 70.

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

A bill to provide for the punishment of any executor, administrator, guardian or trustee who shall fraudulently and willfully convert to his own use any moneys or other thing of value belonging to the estate in his hands, by rea-

262

,JouRNAL OF THE HousE.

son of his appointment as such executor, administrator, guardian or trustt!e. \
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 88, nays 2, to-wit:
A bill to provide when transfers and liens shall take effect as against third parties, 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 amend section 4083 of the Code of 1882.
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 for holding Emanuel Superior Court, etc.
House Bill No. 294 was taken up for a third reading, and, upon motion, the same was tabled.
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on Temperance, to-wit:
By Mr. Mathews, of HoustonA bill to prevent the sale of intoxicating liquors within
five miles of the Male and Female Institute, in the town of Fort Valley.
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 38, nays 56.
Not having received the requisite constitutional majority, the bill was lost, to-wit :
A bill to appropriate the proceeds of the hire of convicts to the payment of the costs of officers of court.

MONDAY, JULY 29, 1889.

263

House Bill No. 466 was taken from the table and replaced 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 by the requisite constitutional majority, yeas 98, nays, O, to-wit:

A bill to repeal so much of an act to provide for the pay-

ment of insolvent costs to the county officers of the counties

of Marion, Lincoln, MuDuffie and Douglas, approved Feb-

ruary 15, 1873, so far as the same applies to the cuunty of

Marion.



House Bill No. 333, 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, and the bill passed as amended, by the requisite constitutional majority, yeas 92, nays 0, to-wit:

A bill to incorporate the Altamaha and Sapelo River Canal Company.

House Bill No. 348 was taken up for a third reading, and, upon motion, the same was tabled.

House .Bill No. 411 was taken up for a third read.ing, and the same 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 100, nays O, to-wit:

A bill to provide for extending the provisions of an act, approved September 23, 1887, 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., for the county of Marion.

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 0, to-wit:

264

JouRNAL OF THE HousE.

A bill to incorporate the Empire Mills Telegraph Company, etc.
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 92, nays 0, to-wit:
A bill to incorporate the Augusta and West Florida Railroad, etc.
The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tue~day, July 30, 1889.

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 Messrs.-

Albritton,

Gunter,

Alderman,

Hardeman,

Allred,

Hardage,

Alexander,

Hall,

Arnold,

Halliday,

Atkinson of Columbia, Ham,

Atkinson of Coweta, Hand,

Bates,

Harper,

Bell,

Harrell of Decatur,

Berner,

Harris,

Boone,

Hart,

Brady,

Beery,

Brewton,

Herrington,

Brown,

Hill of Meriwether,

Bush,

Hill of Wilkes,

Buxton,

Hobbs,

Callaway,

Holden,

Calvin,

Hood,

Campbell,

Howell,

Means, Mitchell of Pike, Mitchell of Spalding, Montgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park, Patterson, Peacock, Perry, Postell, Rankin, Rawls, Reid,

TUESDAY, ,JULY 30, 1889.

265

Candler, Carithers, Carlton, Champion, Chew, Church, Clark, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn. Goodman, Gordon, Griffin,

Humphreys of Brooks, Reilly,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Hyers,

Sims of Wilkes,

Jenkins of Harris, Singleton,

Jenkins of Johnson, Skelton,

J <>hnston of Campbell, Smith of Calhoun,

Johnson of Crawford, Smith of Decatur,

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Floyd, Smith of Wilkinson,

Johnson of Jones,

Snead,

Johnson of Clinch, Snelson,

Jones of Baker,

Stokes,

Jones of Chattooga, Tanner,

jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendrick,

Thurman,

King,

Tigner,

Kitchens,

Turner,

Knight,

Tyson,

Lamar,

Twitty,

Lang,

Tuck,

Latham,

Vandever,

Lawson,

Veazey,

Lewis,

Venable,

Lolley,

Walker,

Mathews,

Ward,

Maxwell,

Warren,

McDonald,

West,

McDaniel,

Whitaker,

McCalla,

Williams of Appling,

McCook,

Williams of Telfair,

Mcinnis,

Williams of Upson,

Mcintyre,

Wright,

Mciver,

Mr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson of Butts, Dugger,

Harrell of Webster, Holtzclaw, Hooks,

McArthur, Mobley, Tarver.

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

266

JouRNAL OF THE HousE.

Leave. of absence was granted to the following member, to-wit: Mr. Murray.
House Bill No. a64 was recommitted to the Committee on Labor and Labor Statistics.
House Bill No. 362 was recommitted to the Committee on Corporations.
House Bill No. 726 was recommitted to the Committee on Education.
A memorial was received from the ladies of Pike county, and referred to the Committee on Appropriations.
By request, House Bill No. 371 was recommitted to Committee on Special Judiciary.
By request of the Committee on Agriculture, three hundred copies of House Bill No. 535 were ordered printed for the use of the House.
House Bill No. 724 was, by request, recommitted to Committee on Ways and Means.
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, with the recommendation that they do pass, to-wit:
A bill to amend sections 2783 and 2783 (a) of the Code, including the 19th January in the public holidays.
Also, recommend that the following bills do not pass, to-wit:
A bill requiring certain tran~;actions between husband and wife to be recorded.
Also, a bill to be enti~led an act" to better protect the lives and persons of passengers and employees on railroad trains, and for other purposes.

TuESDAY, JuLY 30, 1889.

267

Also, a bill to prohibit individuals, loan associations or other corporations, loaning money on real estate, from charging more than eight per cent. interest.
Also, a bill to authorize Justices of the Peace and Con-
stables to sell certain .ft. jas. for cost.
Also, a bill to exempt from taxation all property owned by churches in this State.
Also, a bill to require J udgef; of the various Superior Courts to give in charge to the grand juries, sections 4631, 4655 (a), 4655 (b), 4655 (c), 4709, 4709 (a), 4709 (b)1 4709 (c).
Also, a bill to provide the number that shall constitute a quorum in. grand jlll'ies, aLd for the selection of a special jury, and for other purposes.
Also, recommend that House Bill No. 344 be referred tOt Committee on Counties and County Matters, and that No. 44 be withtirawn by the author, at his request.
Respectfully submitted. RoBERT L. BERNER, Chairman.

Upon motion, the special order for to-day, which was the consideration of House Bill No. 65, to-wit:

A bill to provide for the lease of the Western and Atlantic Railroad.

The bill was then read the third time.

Upon motion of Mr. Rankin, the substitute proposed in lieu of the original bill, was considered by sections.

Upon motion of Mr. Simmons, the substitute was read by sections, and all amendments proposed were allowed to be sent to the Clerk's desk, and the same ordered printed for the use of the House.

Upon motion, the furth~r consideration of the substitute

and proposed amendments to the bill was dispensed with

until to-morrow morning immediately after the reading of

the Journal.



268

JouRNAL OF THE HousE.

Upon motion of Mr. Atkinson, of Coweta, the second special order of the day was taken up, which was House Bill No. 210, to-wit:

A bill to provide for the election of the Commissioner of Agriculture by the people.
The bill was then read the third time; the report of the committee was agreed to. Upon this 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 vote was as follows:

Those voting in the affirmative were Messrs..,-

Alderman,

Glenn,

McDonald.

Alhed,

Goodman,

McDaniel,

Arnold,

Gordon,

McCalla,

Atkinson of Columbia, Griffin,

Means,

Atkinson of Coweta, Gunter,

Mitchell of Pike,

Bates,

Hall,

Mitchell of Spalding,

Bell,

Halliday,

Montgomery,

Berner,

Harper,

:Morris,

Boone,

Heery,

Mustin

Brewton,

Herrington,

Olive,

Brown,

Hill of Meriwether, Peacock,

Bush,

Hobbs,

Perry,

Buxton,

Hood,

Postell,

Calvin,

Hook8,

Rankin,

Campbell,

Humphreys of Brooks, Rawls,

Carithers,

Humphreys of Screven, Reilly,

Carlton,

Huey,

Speer,

Chew,

Huff,

Sims of Wilkes,

Church,

Jenkins of Harris,

Skelton,

Clements,

Jenkins of Johnson, Smith of Calhoun,

Clifton,

Johnston of Campbell, Smith of Decatur,

Coggins,

Johnson of Crawford, Smith of Gwinnett,

Daniel,

Johnson of Jones,

Smith of Wilkinson.

Davie,

Jones of Baker,

Snead,

Davis of Elbert,

Jones of Chattooga, Snelson,

DeLacy,

Jones of Coweta,

Stokes,

Dennard,

Kimble,

Tanner,

Dodgen,

Kendrick,

Tatum,

Duggan,

King,

Taylor,

TUESDAY, JULY 30, 1889.

269

Felton, Fleming, Flynt, Foute, Frazer, Fricks, Gamble, Gholston,

Lamar, Lang, Latham, Lawson, Lewis, Lofley, l\faxwell,

Thurman, Twitty, Tuck, Ward, West, Williams of Appling, Wright.

Those voting in the negative were Messrs.-

Albritton, Alexander, Brady, Candler,. Clark, Collier, Crenshaw, Crowder, Davis of Burke, Fain, Hardeman, Hardage, Ham, Hand,

Harrell of Decatur, Harris, Holtzclaw, Howell, Johnson ofDeKalb, Johnson of Floyd, Johnson of Clinch, Knight, l\fathews, McCook, l\fcintyre, )!organ, Oliver, O'Neill,

Park, Patterson, Reid~ Simmons, Sims of Lincoln, Tigner, Turner, Tyson, Veazey, Venable, Walker, Warren, Williams of Telfair, Williams of Upson.

Those not voting were Metsrs.-

Arnheim, Atkinson of'B~ttts, Callaway, Champion, Dugger, Francis, Gallaway, Gilbert,

Harrell of Webster, Har.t, Hill of Wilkes, Holden, Hyers, Kitchens, McArthur, Mcinnis,

Mciver, Mobley, Murray, Singleton, Tarver, Vandever, Whitaker, Mr. Speaker.

Yeas 109. Nays 42. Not voting, 24.

Having received the reqni"'ite constitutional majority, the bill passed, to-wit:

A bill to amend an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, so as to strike out and repeal section 7 of the above vested acts embodied in the Code of 1882, as section 1465 (g), and amend section 2 of the above recited act embodied in Code of 1882, as section 1465 (b), so as to provide for the election of Commissioner of Agriculture by the people; fix

270

JouRNAL oF THE HousE.

his qualifications and term of office, and for other purpo!?es.
Upon motion, the bill was ordered to be immecliately transmitted to the Senate.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, the following bill of the House by the requisite constitutional majority, to-wit:
A bill incorp~rate the Chatham .Dime Savings Bimk, and for other purposes.
The Senate has also passed the fellowing bill of the House by the requi!'lite constitutional majority, to-wit:
A bill to amend section 4 of an act to incorporate the Oglethorpe Savings and Trust Company.
Mr. Brady, 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, as their chairman, to report back to the House, with a recommendation that it do pass, to-wit:
A bill to be entitled an act to ef'tablish a Farmers' Institute in this State; to provide for the management of the same; to make an annual appropriation fiJr the support of the same, and for other purposes.
Respectfully submitted. W. BRADY, Chairman.
Mr. Hill, chairman of the Committee on Counties and Countv Matters, submitted the following teport :
Mr. 8peaker:
The Committee on Counties and County Matters havP. had under consideration the following bills, which they report back, with the recommendation that they do pass, to-wit :

TuESDAY, JuLY 30, 1889.

271

A bill for the registration of voters in the county of Bullock.
Also, a bill for the registration of voters in the county of Warren.
Also, the following bills, which they report back with the recommendation that they do pass, as amended, to-wit :
A bill to prohibit fishing and hunting on the lands of another in the county of Bullock.
Also, a bill to amend an act creating a Board of Commissioners of Roads aud Revenues in the county of Stewart.
Respectfully submitted. H. W. HILL. Chairman.
Mr. Lawson, chairman pro tem. of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
The Committee on Ways and Means have had under consideration the following bill, which they recommend do pass, to-wit:
Bill No. 682, to authorize the Board of Commissioners of Newton county to levy a tax, and for other purposes.
Also, the following bills and resolution which they .recommend do not pass, to-wit :
Bill No. 30, to require railroad companies of this State to return their property for taxation, and for other purpose!il. This bill reported .unfavorably btcause the same purpose bas been accomplished by a bill already passed.
Also, bill No. 32, to levy and collect a tax for the purpose of instructing children in the elementary branches of an English education, and for other purposes.
Also, bill No. 249, to repeal an act to provide for the correct rt>turns of the property in the State for the purpose of taxation.
Also, bill No. 694, to amend section 983 (a) so as tomake Cordele a State Depository.

272

JouRNAL OF THE HousE.

Also, resolution No. 96, for the relief of Charles R. Russell, of Muscogee county.
Respectfully submitted. THOS. G. LAWSON, Chairman protem.
The following bill was reatl 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 105, nays 0, to-wit:
A bill to amend an act to incorporate the Midville~ Swainesboro and Red Bluff Railroad, approved December 21, 1888, etc.
The following bill 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 93, nays 0, to-wit:
A bill to incorporate the town of McRae, in the county of Telfair.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proofs were exhibited, and thP bill passed by the requisite constitutional majority, yea!> 96, nays 0, to-wit :
A bill to prohibit the fishing or seining in Lenton lake or Sheldon pond, in Thomas county, without the consent of the owners tlwreof.
The following bill was read the third time; the report of the committee was ag~eed to, as amended, and the bill passed as amended, by the requisite constitutional majority, yeas 95, nays 0, to-wit :
A bill to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company.
By request, House Bills Nos. 344 and 466, were recommitted to Committee on Counties and County Matters.
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 99, nays 0, to-wit:

TUESDAY, JULY 30, 1889.

273

A bill to authorize and empower the Mayor and Council of the city of Columbus to make to the Gas Light Company of Columbus title to the land in said city, and now held and occupied by said company, etc.
The bill was ordered to beimmediately transmitted to 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 signatures of the Speaker of the House ahd President of the Senate, the following act, to-wit :
An act to relieve Captain J. M. Barnes, of the Thomp-
son Guards, and his bondsmen, in the matter of arms destroyed by fire.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the 0ommittee 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 act, to-wit:
An act to authorize the Mayor and Council of the town of Monticello, to issue bonds for the purpose of building sch?ol houses, etc.
Respectfully submitted.
IvY ,V. DuGGAN, Chairman.
By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Appropriations, to-wit:
By Mr. Howell, of"FultonA resolution, authorizing the State Treasurer to pay the 18

274

JouRNAL OF THE HousE.

coupons on bond No. 193, for $1,000, issued by authority of an act of the General Assembly, approved January 15, 1872, and due January l, 1892.

By unanimous consent, House Bill No. from the table.

was taken

The following bill was then read the third time; the report of the committee was agreed to; the proper legal proo" were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:

A bill to amend the game law of Houston county, etc.

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 93, nays 0, to-wit:

A bill to incorporate the Atlanta and Lithonia Railroad Company.

By reqnest of the Committee on General J ndiciary, Messrs. Davis of Burke, and Hart were added to said committee.

By request, the following named members were added to the Committee on the Governor's Message, to-wit: Messrs. Atkinson of Coweta, Smith of Gwinnett, Maxwell, Kendrick, and Humphreys of Screven.

The Speaker announced the appointment of Mr. Wright, of Polk, as chairman of the Committee on Deaf and Dumb Asylum, in place of Mr. Ewing resigned.

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

ATLANTA, GEORGIA,
Wednesday, July 31, 1889.
The House met pursuant to adjournment; was called to order by the Hon. A. S. Clay, Speaker, and opened with prayer by the Chaplain.

WEDNESDAY, JULY 31, 18~!).

275

The roll was ~ailed and the following members answeted to their names:

Tbose present were Messrs.-

Albritton,

Gunter,

::\Iclver,

Alderman,

Hardeman,

}leans,

Allred,

Hardage,

::\Iitchell of Pike,

Alexander,

Hall,

:Mitchell of Spaldin~,

Arnold,

Halliday,

Montgomery,

Atkinson of Columbia, Ham,

Morgan,

Atkinson of Coweta, Hand,

:\I orris,

Bates,

Harper,

}fustin,

Bell.

Harr~o,Jl of Decatur, Olhe,

Berner,

Harris,

Oliver,

Boone,

Hart.

O'~eil,

Brady,

Heery,

Park,

Brewton,

Herrington,

Patterson,

Brown,

Hill of ::\Ieri wether, Peacock,

Bush,

Hill of Wilkes,

Perry,

Buxton,

Hobbs,

Postell.

Callaway,

Holtzclaw,

Rankin,

Calvin,

Holden,

Rawls,

Campbell,

Hooks,

Reid,

Candler,

Hood,

Reilly,

Carithers,

Howell,

Speer.

Carlton,

Humphreys of Brooks, Silnn1ons,

Champion,

Humphries of Screven, Hims of Lin<'clln,

Chew.

Huey,

Sims of Wilkes,

Church,

Huff,

Singleton,

Clark,

Hyers,

Skelton,

Clements,

Jenkins of Harris,

Hmith of Calhoun,

Clifton,

.Jenkins of Johnson, Smith of Decatur,

Coggins,

Johnston of Campbell, Smith of Gwinnett,

Collier,

Johnson of Crawford, Smith of 'Vilkinson .

Crenshaw,

Johnson of DeKalb, Snead,

Crowder,

Johnson of Floyd,

Snelson.

Daniel,

Johnson of Jones,

Stokes,

Davie,

.Johnson of Clinch, Tanner,

Davis of Burke,

Jones of Baker,

Tatum,

Davis ot Elbert,

,Jones of Chattooga, Taylor,

DeLacy,

Jones of Coweta,

Thurman,

Dennard,

Kimble,

Tigner,

Dodgen,

Kendrick.

Turner,

Duggan,

King,

Tyson.

Fain,

Kitchens,

Twitty,

Felton,

Knight,

Tuck,

Fleming,

Lamar.

Vandever,

276

JOURXAL OF THE HousE.

Flynt, Fonte, Francis,
Frm~er,
FriC'ks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

Lang, Latham, Lawson, Lewis. Lofley, 2\lathews, }lax well. 2\IeDonald, 2\IeDaniel, ::lie Calla, 2\IcCook, 2\Iclnnis, 2\Iclntyre,

Veazey. Venable, \Valker, Ward, "\Varren, West, "\Vhitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, ::IIr. Speaker.

Those absent were Messrs.-

Arnheim, Atkinson of Butts, Dugger,

Harrell of >Vebster, ::lie Arthur, 2\Iobley,

::l[urray, Tarver.

Mr. Smith, of Decatur, of the Committee on Journals, reported that the Joumal had been examined and approved.

The Journal was then read and confirmed.

lly request of the Committee on Special Judiciary, Mr. Fricks, of.Franklin, was added to said committee.

Upon motion of Mr. Foute, the special order for to-day, which was the consideration of House Bill No. 20, to-wit:

A bill to alter and amend paragraph 2, section 18, article 6, so as to abolish the distinction between grand and petit jurors, was displaced, and the same made the special order for Wednesday, August 7th, immediately after the reading of the Journal.

Mr. Olive, chaiman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker: The Committee on Special Judiciary have had under
consideration the following House bills, to-wit:
Bill No. 319, entitled an act to amend an act entitled an act to create a County Court for the county of Early, etc.
Also, bill No. .544, entitled an act to amend an act to

.WEDNESDAY, JULY 31, 1889.

277

create a Board of Commissioners of Roads and Revenues for the county of Carroll, etc.
Also, bill No. 679, entitled an act to amend an act for establishing and erecting an academy in Louisville, etc.
A !so, bill No. 686, entitled an act to require the registration of voters in Mcintosh county, etc., each of which they instruct me to report back to the House, with the recommendation that they do pass.
Re~pectfully submitted. J. T. OLI\"E, Chairman.
Mr. Dodgen offered the following resolution, which was read, and, upon motion, was referred to the Committee on Penitentiary, to-wit:
WHEREAs, It is a matter of pi1blic report, which it is the duty of this General Assembly to investigate, tbe cruelties and outrages that have been perpetrated among the convicts of this State, which is a disgrace to Georgia, her citizens and civilization.
AND WHEREAS, Such cruelty and ill-treatment~f the convicts aforesaid should not be overlooked or allowed by the General Assembly; therefore be it
ReRolved by the House of Representatives, the Senate concUIring, That a committee, consisting of five from the House and thrPe from the Senate, be appointed as a joint committee to investigate the several convict camps, in regard to said reports, and report the same back to the House ; and they are hereby empowered to send for persons and papers, and authorized to issue subpcenas in said investigation.
Upon motion, the second special order, which was the fmther consideration of House Bill No. 65, was taken up, to-w it:
A bill to provide for the lease of the State Road.
As the bill provided for an appropriation, the House, upon motion, resolved itself into a Committee of the Whole.
Mr. Fleming, of Richmond, was called to the chair.

278

JouRNAL OF THE HousE.

.Mr. Fleming, chairman of the Committee of the Whole House, f'nbmitted the following report:

Mr. Speaker:
The Committee of the Whole House have had under consideration House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad, which they instruct me to report progress, and ask leave to sit again.
Respectfully submitted. W. H. FLE:\IDW, Chairman.

Mr. Duggan, chairman of the Committee on Enrollment, submitted the fo!lowing report:

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, and deliwred to His Excellency, the Governor, the following act, to-wit :
An act to authorize the compromise and \ldjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. 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 authorize the corn promise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
Also, an act to amend section 4 of an act to incorporate

/

WEDNESDAY, JULY 31, 1889.

279

the Oglethorpe Savings and Trust Company, approved December 18, 1886.
Respectfully Rubmitted. IvY W. DuGGAN, Chairman.

Mr. Hill, of Meriwet-her, 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 of the House, which they instruct me to report back, with the recommendation that they do pass, to-wit:

A bill to create a Board of Commissioners of Roads and Revenues for the county of Bryan.

Also, a bill to create a Board of Commissioners of Roads and Revenuer:: for the county of Coffee.

Also, a bill to crettte a Board of Commissioners of Roads and Revenues for Irwin county.

Also, a bill for the registering of voters for the county of Coffee.
Also, the following Senate bil!, which they report back, with the recommendation that it do pass, as aruended, to-wit :

A bill to authorize and require the registration of all

voters in the county of Fulton.

Respectfully submitted.

H. W. HILL, Chairman.

Mr. Harrell, of Decatur, chairman of the Committee on Banks, submitted the following report:

Mr. Speaker :
The Committee on Banks have had under consideration the following bills of the House, which they instruct me to report back to the House, with the recommendation that they do pass as amended, to-wit :
A bill to be entitled an act to alter and amend an act to

280

JouRNAL OF THE HousE.

incorporate the Hartwell Loan and Savings Bank, and for other purposes.
Also, an act to incotporate the Mercantile Banking and Trust Company.
Also, an act to incorporate the Bank of Fort Gaines.
Also, they have had under consideration the following bills of the Senate, which they instruct me to report back to the House, with the recommendation that they do pass as amended, to-wit:
A bill to be entitled an act to ineorporate the Georgia Installment Banking Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the South Georgia Bank of Waycross.
Respectfully submitted. J.D. HARREL, Chairman.

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

Mr. Speaker :
The (;ommittee on Appropriations have had under consideration the following bill, which they have instructed 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 fix the salaries of the State Librarian and Assistant Librarian.
They have also had under consideration the following bill, which they have instructed me to report back to the House with a recommendation that the author be allowed to withdraw it, to-wit:
A bill to be entitled an act for the telief of the estate of Solomon Dattrell, of the county of Fannin.
They have also had under consideration the following bill, which they have instructed me to report back to the House, with a recommendation that it do pass, to-wit :

THURSDAY, AUGUST 1, 1889.

281

A bill to be entitled an act to amend section 6, paragraph 1 of the act known as the General Appropriation Act of 1888, by adding a pa'ragraph that $200,000 of the maturing bonds sh11ll be paid from the sinking fund.
Respectfully submitted.
W:~ti. w. GoRDON, Chairman.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they do pass as amended, to-wit:
A bill to be entitled an act to incorporate the Fairmount Valley Railroad Company.
Also, a bill to be entitlerl an act to incorporate the Griffin Street Railroad Company.
The committee have also had under consideration, a bill to incorporate the Hawkinsville and Florida Southern Railroad Company, which they report back, with the recommendation that the same do pass by substitute.
Respectfully submitted. CLARK HowELL, Chairman.
Leave of absence was granted to the following members, to-wit : Messrs. Perry, McCalla, Collier and Mathews.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Thursday, August 1, 1889.
The House met pursuant to adjournment ; called to order by Hon. Martin V. Calvin, Speaker pro tem., and opened with prayer by the Chaplain.

282

JouRNAL OF THE HousE.

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

Those present were Messrs.-

Albritton,

Gunter,

:Mitchell of Pike,

Alderman,

Hardeman,

)Iitchell of Spalding,

Allred,

Hardage,

J\-Iobley,

Alexander,

Hall,

)lontgomery,

Arnold,

Halliday,

Morgan,

Atkinson of Butts, Ham,

Morris,

Atkinson of Columbia, Hand,

Murray,

Atkinson of Coweta, Harper,

)lustin,

Bates,

Harrell of Decatur, Olive,

Bell,

Harris.

Oliver,

Berner,

Hart,

O'Neill,

Boone,

Heery,

Park,

Brady,

Herrington,

Patterson,

Brewton,

Hill of J\-Ieriwether, Peacock,

Brown,

Hill of Wilkes,

Perry,

Bush,

Hobbs,

Postell,

Buxton,

Holtzclaw,

Rankin,

Callaway,

Holden,

Rawls,

Calvin,

Hood,

Reid,

Campbell

Hooks.

Reilly,

Candler,

Howell,

Speer,

Carithers,

Humphreys of Brooks, Simmons.

Carlton,

Humphries of Screven, Sims of Lincoln,

Champion,

Huey.

Sims of Wilkes,

Chew,

Huff,

Singleton,

Church,

Hyers,

Skelton,

Clark,

Jenkins of Harris,

Smith of Calhoun,

Clements,

Jenkins of Johnson, Smith of Decatur,

Clifton,

Johnston of Campbell, Smith of Gwinnett,

Coggins,

Johnson of Crawford, Smith of Wilkinson,

Collier,

Johnson of DeKalb, Snead,

Crenshaw,

Johnson of Floyd,

Snelson,

Crowder,

Johnqon of Jones,

Stokes,

Daniel,

Johnson of Clinch, Tanner,

Davie,

J oneE of Baker,

Tarver,

Davis of Burke,

Jones of Chattooga, Tatum,

Davis of Elbert,

Jones of Coweta,

Taylor,

DeLacy,

Kimble,

Thurman,

Dennard,

Kendrick,

Tigner,

Dodgen,

King.

Turner,

Duggan,

Kitchens,

Tyson,

Fain,

Knight,

Twitty,

Felton,

Lamar,

Tuck.

THURSDAY, AUGUST 1, 1889.

283

Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

Lang, Latham, Lawson, Lewis, Lofley, :Mathews,
~Iaxweli,
)!cDonald, )!cDaniel, )!cCook, )!clnms, )!clntyre, )!elver, )leans,

Vandever, Veazey, Venable.
~Walker, ~Ward,
"Varren, "Vest, "Vhitaker, Williams of Appling, "Villiams of Telfair, Williams of Upson, Wright, )fr. Speaker.

Those absent were Messrs.-

Arnheim, Dugger,

Harrell of Wehster,
~IcArthur,

)IcCalla.

Mr. Jenkins, of Harris, of the Committee on Journals, report,.d that the Journal had been examined and approved.

The Journal was then read and confirmed.

Mr. Lewis, of Hancock, offered the following resolution, which was read, and, upon motion, the same was tabled.

Resolved, That when the House next goes into Committee of the Whole House for consideration of the bill for the lease of the Western and Atlantic Railroad, all speeches be restricted to twenty minutes each.

Mr. Duggan, chairman of the f;ommittee 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 act, to-wit:
An act to incorporate the Chatham Dime Savings Bank of Savannah.
Respectfully submitted. IvY W. DuGGAN, Chairman.

2R4

JouRNAL OF THE HousE.

Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:
J1r. Speaker :
The Committee on Enrollment reports as duly enrolled, and rea<iy for the signatures of the Speaker of the House and President of the Senat~, the following act, to-wit:
An act to incorporate the Chatham Dime Savings Bank of Savannah, Ga.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Lawson, chairman pro tem., of the Committee on 'Vays and Means, submitted the following report:
Mr. Speaker:
The Committee on ways and Means have had under consideration the following bills, which they. recommend do pass, to-wit:
Senate Bill No. 108, to amend .sub-division ten of subsection ten of the act, approved December 26, 1888, entitled an act to levy aml collect a tax for the support of the State government, and for other purposes.
Also, Senate Bill No. 145, entitled an act to amend section 943 (a) of the Code of 1882, and for other purposes.
Also, the following bill and resolution, which they recommend do pass, with amendments herewith submitted, to-wit:
Bill No. 730, to alter and amend sub-<iivision 16 of section 2, of the act approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890, and for other purposes.
Also, resolution No. 108, for the relief of the East and West Railroad of Alabama.
Also, bill No. 177, to increase the salary of the Govern.or of this State, and for other purposes, which they recommend do not pass.
Respectfully submitted. THos. G. LAWSON, Chairman protem.

THURSDAY, AUGUST 1, 1889.

. 285

By unanimous consent, the following House bill was taken up, and the Senate arnendment'l thereto were concurred in, to-wit:
A bill to incorporatP the Chatham Dime Savings Bank.
By unanimous consent, the following House resolution was taken up, and the Senate amendment concurred in, towit:
A resolution providing for the election of Judge of the Pataula Judicial Circuit.
By request, House Bill No. 292 was recommitted to Committee on Corporations.
A memorial from the ladies of Harris county was received and refened to the Committee on Ap:oropriations.
Mr. Brady, 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 to the House, with a recommendation that it do pass by substitute, to-wit:

A bill to be entitled an act to rtgulate the catching or

tonging of oysters, and to protect oysters on the coast of

Georgia, and for other purposes.

Respectfully submitted.

\V. BRADY, Chairman.

Mr. Hill, chairman of the Committee ou Counties and Countv Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matters haVf~ had under consideration the following bills, which they report back, with the recommendation that they do pass, to-wit :
A bill relating to the compensation of Cornmissionets of Clay county.

286

JouRNAL bF THE HousE.

Also, a bill for the registration of voters for the county of Bryan.
Respectfully submitted. H. W. HILL. Chairman.
Mr. Calvin, chairman of the Committee on Immigration, submitted the following report :

.Jfr. Speaker:
The Committee on Immigration have had under consideration the following bills of the House, which they request me to report back, with the recommendation that it da pass, as amended, to-wit :
A bill to amend an act establishing the Department of Agriculture, and for other purposes.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.
By unanimous COJlsent, 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 0, to-wit:
A bill to incorporate the Mercantile Banking and Trust Company.
The following bill wls reall 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 100, nays 0, to-wit:
A bill to incorporate the Southbound Railroad Company, and for other purposes.
Upon motion of Mr. Rankin, the unfinished bu>:iness of yesterday, which was the further consideration of House Bill No. 65, to-wit.
A bill to provide for the lease of the Western and Atlantic Railroad, was taken up.
The House then resolved itself into a Committee of the Whole. Mr. Fleming, of Ri~hmond, in the chair.

THURSDAY, AUGUST 1, 1889.

287

Mr. Fleming, 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. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad, which they instruct me to report progress, and ask leave to sit again.
The following message was received hom the Senate, through Mr. Harris, the Secretaty thereof:
Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
1\. bill to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent cost'! due them as Solicitors of the City Court of Atlanta; yeas 30, nays 0.
Also, a bill to incorporate the Bainbridge, Cuthbert and Western Railway Company; to confer certain powers and privileges upon said company, and for other purposes; yeas 29, nays 0.
The Senate has also past-:ed the fell6wing Senate bills of the SPnate by the requi>'ite constitutional majority, to-wit:
A bill to require every railroad corporation in this State, when requested by the Railroad Commissioners of Geo-rgia, to make at least once each year an examination of its bridges, trestleE .and approaches thereto, for the public safety, and for other purposes; yeas 2f), nays 0.
Also, a bill to incorporate the town of Brewton, in the county of Laurens, State of Georgia; yeas 26, nays 0.
Also, a bill to incorporate the Merchants' Bank of Milledgeville, and for other purposes; yeas 28, nays 0.
Also, a bill to amend an act to empower Building and Loan Associations, etc., approved December 26, 1888; yeas 29, nays 0.

288

JouRNAL OF THE HotJsE.

Also, a bill to prohibit the destruction of game in the county of Oconee; yeas 29, nays 0.
Also, a bill to submit to the qualified voters of the city of Columbus the ratification of the disposition of certain shares of Mobile and Girard Railroad stock, by the City Council, by resolutions of July 1, 1885, and October f), 1887; yeas 27, nays 0.
Also, a bill to declare Councilmen and Aldermen of towns and cities, ineligible, during their term of office, to any other municipal office in said towns or cities; yeas 30, nays 0.
Also, a bill to amend an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard and the Montgomery and Western Railroad Companies, etc.; yeas 29, nays 0.
Also, a bill to amend the charter of the city of Milledgeville ; yeas 26, nays 0.
Also, a bill to repeal an act to provide for a Solicitor of the County Court of Oconee county, Georgia; yeas 26, nays 0.
Also, a resolution to provide that the Treasurer shall not include in his annual report as assets, certain assets of the State which are worthless.
Leave of absence was granted to the following mPmbers, to-wit: Messrs. Champion, Montgomery, Reid, Lawson, Bre~ton, Huey, Twitty, Veazey.
Upon motion, the Hm~se adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Friday, August 2, 1889.
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 mem hers answered to their names :

FRIDAY, AUGlJST 2, 1889.

289

Those present were Me:;srs.-

Albritton,

Gunter,

Means,

Alderman,

Hardeman,

.\Iitchell of Pike,

Allred,

Hardage,

.\litchell of Spalding,

Alexander,

Hall,

}lobley,

Arnold,

Ham,

Morgan,

Atkinson of Butts, Hand,

Morris,

Atkinson of Columbia, Harper,

Murray.

Atkinson of Coweta, Harre)! of Decatur, Mustin.

Bates,

Harris,

OJi,e,

Bell,

Hart,

Olinr,

Berner,

Heery,

O'Neill,

Boone,

Herrington,

Park,

Brady,

Hill of .Meriwether, Patterson,

Brewton,

Hill of Wilkes,

Pea rock,

Brown,

Hobbs,

Perry,

Bush,

Holtzclaw,

Postell,

Buxton,

Holden,

Rankin,

Callaway,

H::>od,

Rawls,

Calvin,

Hooks,

Reid,

Campbell,

Howell,

Reilly,

Candler,

Humphreys of Brooks, Speer,

Carithers,

Humphries of Screven, Simmons,

Carlton,

Huey,

Sims of Lincoln,

Champion,

Huff,

Sims of Wilkes,

Chew,

Hyers,

Singleton,

Chureh.

Jenkins of Harris,

Skelton.

Clark.

Jenkins of Johnson, Smith of Calhoun,

Clements,

.Johnston of Campbell, Smith of Decatur,

Clifton,

Johnson of Crawford, Smith of Gwinnett,

Coggins,

.Johnson of DeKalb, Smith of Wilkinson,

Collier,

Johnson of Floyd,

Snead,

Crenshaw,

Johnson of Jones,

Snelson,

Crowder,

.Johnson of Clinch. Stokes,

Daniel,

Jones of Baker,

Tanner,

DaYie,

Jones of Chattooga, Tarver,

Davis of Burke,

Jones of Coweta,

Tatum,

Davis of Elbert,

Kimble,

Taylor,

DeLacy,

Kendrick,

Thurman,

Dennard,

King,

Tigner,

Dodgen,

Kitchens,

Turner,

Duggan,

Knight,

Tyson,

Fain,

Lamar,

Twitty,

Felton,

Lang,

Tuck,

Fleming,

Latham,

Vandever,

Flynt,

Lawson,

Veazey,

19

290

JoeR~AL oF THE HousE.

Fonte, Francis. Frazer, Fricks, Gallaway, Gamble.
Ghol~ton,
Gilbert, Glenn. Goodman, Gordon, Griffin.

Lewis, Lolley.
~1athews,
)lax well, :McArthur, )JcDonald, :\-IcDaniel, )IcCook, )fclnnis, :\lclntyre, Mciver,

Venable. \Yalker, Ward, Warren,
\Vest~
Whitaker, Williams of Appling, \Villiams of Telfair, Williams of Upson, Wright, }Jr. Speaker.

Those absent were Messrs.-

Arnheim, Dugger,

Halliday, Harrell of Webster,

)fcCalla, Montgomery.

Mr. Thurman, of the Committee on Journals, reported that th.e Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following member;:, to-wit: Messts. Halliday, Amold, Jenkins of Johnson.

Mr. Jones, of Baker, offered the following resolution, which was read, and, under the rules, was laid over for one day, to-wit :

A resolution relative to mileage for the adjourned session of the General Assembly.

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

Mr. Speaker:

The Committee on Temperance have had under considereration the following bill, which they recommend to pass, to-wit:

A bill to be entitled an act to prevent the sale or manu-

facture of spirituous, vinous or malt liquors within two

miles of Grove Level
for other p.urposes.

Baptist

Church,

in

Banks

count'y,

and

Also, the following bill, which they direct me to report

FRIDAY, A-uGUST 2, 1889.

291

back to the House, with the recommendation that they do pass, as amended, to-wit:
A bill to b~ entitled"an act to prohibit the sale or barter of spirituous, malt, or any intoxicating liquors within a radius of three miles of Subligna Academy and Subligna Church, in Chattooga Pounty.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to be entitled an act to regulate the sale of alcohol in counties where the sale of spirituous or intoxicating liquots is prohibited by law.
Also, the following bill, whieh they recommend the Representative from Clinch county be allowed to withdraw, towit:
A bill fixing the licenl"e fee for the sale of spirituous, intoxicating or malt liquors in the county of Clinch at five hundred dolla1s, and providing for a ratification of the same by an election, and for other purposes.
Also, a bill to repeal the ten thousand dollar liquor license of Clinch county. so far as it pertains to the town of DuPont, which tht:)y recommend the author be allowed to withdraw.
Respeettully submitted. A. M. Fo-uTE, Chairman.
Mr. Howell, chaitman of the Committee on Railroads, submitted the following report :

Mr. Speaker:
The Committee on Railroads have had under consideration the following bill, which it reports back, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Collins Park and Belt Railroad Company, and for other purposes.
Respectfully submitted. CLARK HowELL, Chairman.

292

JouRNAL oF THE HousE.

Mr. Lofley, chairman of the Committee on Roads and Btidges, submitted the following report:

J/r. Speaker :
The Committee on Roads and Bridges have had under consideration the following bill, which they instruct me to retum to the House, with the recommendation that it do pass, to-wit :
A bill to be entitled an act to repeal the present road laws ol Chattooga county..
Respectfully submitted. S. T. LoFLEY, Chairman.
Mr. Harrell, of Decatur, chairman of the Committee on BankE:, made the following report:

J-fr. Speaker :
The Committee on Banks have had u.nder consideration the following bill of the House, which they instruct me to report back to the House, with the recommendation that it . do pass as amended, to-wit:
A hill to incorporate the Brunswick State Bank; to confer certain powers thereon, and for other purposes.
Respectfully submitted. J. D. HARRELL, Chairman.
Mr. Candler, chairman of the Committee on Education, submitted the following report:

.Mr. Speaker:
The Committee on Education have had under consideration the following bills, which I am directed to report to the House, with the recommendation that they do not pass, to-wit:
Senate Bill No. 70, which is a bill to be entitled an act to amend the act of the General Assembly, approved October 27, 1887, as it relates to the county of Wayne.
Also, House Bill No. 216, which is a bni to be entitled an

FRIDAY, AUGUST 2, 1889.

293

act to repeal the act of the General Assembly, approved October 27, 1~87.

Also, House Bill No. 353, which is a bill to be entitled an act to amend the 13th section of the act of the General Assembly, approved October 27, 1HH7.

Also, House Biii No. 361, which is a bill to be entitled an act to amend the public school laws of this State.

Also, House Bill No. 366, which is a bill to be entitled an act to amend the act, approved October 27, 18~7, so as to change the manner of examining teachers and granting licenses.

Also, House Biii No. 413, which is a bill to be entitled an act to alter and amend sections 7, 8, 23 and 28 of the act of the General Assembly, approved October 27, 1887.

Also, House Bill No. 473, which is a bill to be entitled au act to regulate the granting of school licenses to the teachers of this State.
Respectfully submitted. C. M. CANDLER, Chairman.

By unanimous consent, House Bill No. 535 was made the special order for Monday next, immediately after the reading of the Journal.

By request, House Bill No. 333 was taken from the table and placed upon the calendar.

Upon m,otion of Mr. Rankin, of Gordon, the special order for to-day, which was the consideration of House Bill No. 65, was dispensed with until Monday next, to-wit:

A biJI to provide for the lease of the Western and Atlan-

tic Railroad.

,

Upon motion, the regular order of business, which was the caJI of the roii for the introduction of new matter, was dispensed with, and members having biiis for introduction were allowed to send the same to the Clerk's desk, when the following bills were introduced, read the first time, and appropriately ..referred, to-wit:


294

JouRNAL oF THE HousE.

By Mr. Bell, of ForsythA bill to incorporate the Union Real Estate Trust Com-
pany. Referred to Committee on Corporations.
By Mr. Mcintyre, of ThomasA bill to incorporate the Thomasville and Suburban
Railroad Company, etc. Referred to Committee on Railroads.
By Mr. McDonald, of WareA bill to change the line of the incorporation of the town
of \Varesboro, in Ware county. Referred to Committee on Corporations.
By Mr. Campbell, of JasperA hill to amend section 12 of an act to establish in this
State an Experimental Station and Experimental Farm, to be known as the Georgia Experime.ntal Station, approved December 29, 1889.
Referred to Committee on Agriculture.
By Mr. Ham, of EcholsA bill to incorporate the Ocean Pond and St. Mary's
Short Line Railroad Company, etc. Referred to Committee on Railroads.
By Mr. McCook, of ChattahoocheeA bill to render members of County Board of Education
competent to serve as grand jurors during their term of office, ancl to repeal so much of the act of Octolier 5, 1887, as makes said members incompetent, etc.
Referred to Committee on Education.
By Mr. Crenshaw, of RandolphA bill to amend an act., approved September 5, lfl83, to
reduce the corporate limits of the town of Shellman, in the county of Randolph, etc.
Referred to Committee on Counties and County Matters.
By Mr. Heery, of BryanA bill to allow Charles B. Jones, a cripple of Bryan
county, to peddle without license. Referred to Committee on Ways and Means.

FRmAY, AntusT 2, 1889.

295

By ::\ir. Reilly, of ChathamA bill to o(ganizP and incorporate a regiment of cavalry,
to be called the First Regiment of Georgia Cavalry, etc. Referred to Committee on Military Affairs.
By Mr. Atkinson, of ButtsA bill to amend an act to reduce the compensation
allowed the Tax Collector, Tax Receiver, and County Treasurer, on county taxes collected in Bntt.:"i county, appro\ed Februarv 28, I R7o, etc.
Referred to Committee on Counties and County Matters.
By Mr. Gambl:>, of .JeffersonA bill to exempt from road duty the employees of rail-
road companies actually engaged in the performance of their dutief<.
Referred to Committee on General Judiciary.
By Mr. Denn:-trd, of \VilcoxA bill to incorporate the Abbeville and Waycross Rail-
road, etc. Referred to Committee on Railroads.
Bv Mr. Lamar, of RichmondA bill to anwnd an act of December 24, 1835, amending
the chatf'r of the city of Augul'ta. Ordered to be engrossed.
By Mr. Harris, of FloydA bill to amend the act to establif<h a City Court in the
county of Floyd, approved September 27, 1883, so as to provide for an inc1ease of th~ salary of the Judge of said court, etc.
Referred to Committee on General Judiciary.
By Mr. Reilly, of Chatham, (by request).A bill to make it unlawful to permit hogs to run at large
in Chatham county, and to providl:' for its enforcement. RefeJTed to Committee on Counties and County Matters.
By Mr. O'Neil, of FultonA resolution for the relief of the sureties of J. M. Wil-
son, Tax Collecto! of Fulton county.

296

.JouRNAL OF THE HousE.

Also, a bill to amend section 465 of the Code of 1882. Referred to Committee on General Judicia1y.
By Mr. Humphries, of ScrevenA bill to amend an act to establish a Board of Commis-
sioners for SPreven county, approved. September 23, 1885, so as to increase the salaries of said Commissioners, etc.
Referred to Committee on Counties and County Matters.
By Mr. Williams, of TelfairA bill to provide for the creation of a Board of Commis-
sioners of Roads and Revenues in the county of Telfair, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Jones, of BakerA bill to amend the charter of the Albany and Bainbridge
Railroad Company. Referred to Committee on Railroads.
By Mr. Fonte, of BartowA hill to prohibit the sale of alcoholic, spirituous or malt
liquors, or other intoxicants, outside of incorporated towns and cities in this State, etc.
Referred to Committee on Temperance.
The following Senate bills were read the first time, and referred, to-wit:
By Mr. Bartlett, of the 22d DistrictA resolution to provide that the Treasurer shall not in-
clude in his annual reports as assetts, certain property ot the State, which is worthless.
Referred to Committee on Appropriations.
By Mr. Holmet:, of the 16th DistrictA bill to incorporate the town of Brewton, in the county
ot Laurens, etc. Referred to Committee on Corporations.
By Mr. Whitfield, of the 20th DistrictA bill to incorporate the Merchants' Bank of Milledge-
ville, Georgia, and for other purposes. Referred to Committee on Banks.

FRIDAY, AUGUS1 2, 1889.

297

By Mr. Lyle, of the 27th DistrictA bill to prevent tlw destruction of game in the county
of Oconee, and for other purposes. Referred to Committee on Special Judiciary.

By Mr. Rice, of the 35th DistrictA bill to declare Councilmen and Aldermen of towns and
cities ineligible during their term of office to any other municipal office in said towns or cities.
Referred to Committee on Special Judiciary.

By Mr. Johnson, of the 24th DistrictA bill to submit to the qualified voters of the city of
Columbus the ratification of the disposition of certain shares of the Mobile and Girard Railroad stock by the City Council, by res0lution of July 1, 1885, and October 5, 1~87.
Referred to Committee on Corporations.
By Mr. Johnson, of the 24th District. A bill to amend an act to make valid certain subscrip-
tions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Companies, by repealing section .') thereof, and providing for the re. d<>mption of railroad ~crip.
Referred to Committee on Corporations.

By Mr. Rice, of the 35th District-

A bill to require every railroad eorporation in this State,

when requested by the Railroad Commissioners of Georgia,

to make, at l<ast once each year, an examination of its

bridges, trestles and approaches thereto, for the safetv of

the public, etc.

.

Referred to Committee on Railwads.

By Mr. Lyle, of the 27th DistrictA bill to repeal an act to provide for a Solicitor of the
County Court of Oconee county. Referred to Committee on Special Judiciary.

By Mr. MasEengale, of the 19th DistrictA bill to establish a Board of Pardons for the State ot
Georgia; to define their duties, etc. Referred to Committee on Geneml Judiciary.

298

JouRNAL l'F THE HousE.

By Mr. Hardeman, of the 15th District- . A bill to amend an act to prescribe the time for cutting
turpentinr boxt>s, and changing the time when it shall be unlawful to cut such boxes from the 1st of November to the 15th of March, in each year, and fo1 other purposes, approved Septem her ~:2, 1887.
Refernd to Committee on Agriculture.
By Mr. Folk;;, of the ;)th DistrictA bill to authorize the establishment and maintenance of
a system of sewerage and drainage in and around the city of X orcross, and a system of water-work;.:, etc.
Referred to Committee on Corporations.
By Mr. dnBignon, of the 1st DistrictA bill to amend section :3719 ot the Code of 1882. Referred to Committee on General .Judiciaty.
By Mr. Jones, of the 3-!th DistrictA bill to prohibit the manufacture or ~ale of spirituous,
malt or intoxicating liquors within three miles of Ebenezer Baptist Church, in Gwinnett county, etc.
Referred to Committee on Temperance.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred, to-wit:
By Mr. Hooks, of LeeA bill to allow Judges of County Courts in this State
to altemate in said courts, etc. Referred to Committee on Special Judiciary.
By Mr. Patterson, of BibbA bill to amend the charter of the Merchants' Bank of
Macon. Referred to Committee on Banks.
By Mr. Tatum, of DadeA resolution, providing compensation for Chaplains m
convict camps, etc. Referred to Committee on Penitentiary. The hour for conv~ning the joint session having arrived,
the Senate appeared upon the floor of the Howse, and the

FRIDAY, AUGUST 2, 1889.

299

joint session was called to order by Hon. F. G. duBignon, President of the Senate.

The President caused the resolution to be read, convening the joint session, and announced that nominations were in order.
Mr. Hart, of Greene, put in nomination the name of Hon. \Viliiam Hani,;on, of the county of Quitman, which nomiuation was seconded by Messr-;. Gordon, Lawson, Tignor, ,Johnson of Floyd, and Calvin.

Mr. Harper put in nomination the name of Hon. Powell, which nomination was seconded by M1. Sanford, of the 2:~rd District, and Mr. Skelton.

Mr. Wooten, of the 9th District, put in nomination the

name of Hon. James H. Guerry, which nomination was seconded by Messrs. Bell, Bush, Clifton, Simmons, Harrell of Decatur, and Davis of Elbert.

Upon the call of the roll of the Senate the vote was as follows:

Those voting for Mr. Harrison were Messrs.-

Alford, C. A. Ballard, Levi Fitzgerald, W. 'W. Folks, F. C. Garen, David Gibbs, T. P.

Hall, John I. Johnston, J. '\V. Lyle, Jas. R. McCarty, W. S. :!\'IcCollnm, ,J. B.

Massengale, T. E Rice. F. P. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting for Mr. Guerry were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Bradwell, S.D. Clifton, ,J. S. DuPree, J. M. Edwards, }f. C. Foster. J. W.

Gibson, T. C. Harris, J. W. Jr. Henderson, M. Johnson, W. 0. .Jones, Geo. H. Julian, A. J.

Little. W. R. Ray, T. J. Roberts, William Shannon, L. D. Wooten, C. B Mr. President.

Those v.oting for Mr. Powell were Messrs.-

Boyd, Weir Sanford, B. W.

Sharpe, E. R

Strother. J . E.

Those not voting were Messrs.-

Gowan, A. G. Harper, A. 0.

Harris, S. R. H9lmes, C. L.

Vick, James

'300

JouRNAL oF THE HoLJsE.

Upon the call of the roll of the House, the vote was as follows:

Those votiug for Mr. Harri,.;;on were Messrs.-

Albritton, Allred, Alexander, Berner, Calvin, Campbell, Chureh, Clark, Duggan, Fain, Fleming, Francis, Frazer, Glenn, Gordon, (-triftin,

Gunter,

Rankin,

Hardage,

Rawls,

Hall,

Reid,

Hart,

Reilly,

Hyers,

Speer,

Johnston of Campbell, Sims of Lincoln,

Johnson of Floyd,

Snead,

.Johnson of Ulinrh,

Stokes,

Latham,

Thurman,

Lawson,

Tigner,

Lewis,

Turner,

Mathews,

Tyson,

McDonald,

Tuck,

Mcinnis,

Walker,

Olive,

"\Vest,

Park,

Williams of Upson.

Those voting for Mr. Guerry were Messrs.-

Alderman, Arnold, Atkinson of Coweta, Bell, Boone, Brady, Bush, Buxton, Callaway, Candler, Carithers, Chew, Clifton, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Felton, Fonte, Gallaway.

Hand,

~ldv!lr.

Harrell of Decatur, }leans,

Heery,

Mitchell of Pike,

Herrington,

:Morgan,

Hill of Meriwether, }Iorris,

Hill of Wilkes,

:Mustin,

Holtzclaw,

Oliver,

Holden,

O'Neill,

Hood.

Patterson,

Hooks,

Perry,

Howell,

Postell,

Humphreys of Brooks, Simmons,

Humphries of Screven, Sims of Wilkes,

Huey,

Singleton,

Huff,

Smith of Decatur,

Johnson of DeKalb, Smith of Wilkinson,

Johnson of Jones,

Snelson,

Jones of Chattooga, Tanner,

Jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendriek,

Vandever,

Kin~,

Venable,

Kitchens,

Ward,

Knight,

Warren,

Lamar,

Whitaker,

FRrDAY, AUGUST 2, 1889.

301

Gamble, Gilbert, Goodman, Ham,

Lolley, McCook, Mcintyre,

Willian.s ot relfair, Wright, )lr Speaker.

Those voting for Mr. Powell were Messrs.-

Atkinson of Columbia, Fricks,

Bates,

Gholston,

Brown,

Harper,

Carlton,

Harris,

Clement;,

Jenkins of Harris,

Flynt,

Johnson of Crawford,

Jones of Baker, Maxwell, :McDaniel, ::\Iitchell of Spalding, Skelton, Smith of Calhoun.

Those not voting wete Messrs.-

Arnheim. Atkinson of Butts, Brewton, Champion, Coggins, Collier, Dugger. Hardeman.

Halliday, Harrell Of Webster. Hobbs. Jenkins of Johnson, Lang, McArthur, ::\IcCalla. )fobley,

Montgomery. ::\1urray, Peacock, Smith of Gwinnett, Tarver, Twitty, Veazey. Williams of Applin~.

U pun counting and consolidating the vote, it appeared that the Hon. 'V m. Harrison had received 63 votes; that the Hon. J. H. Guerry had receivecl 105 votes, and that the Hon. Mr. Powell had received 22 votes.
That the Hon. James H. Guerry having received a majoritv of all the .-otes cast, was declared duly elected Judge of the Superior Court of the Pataula Circuit for the unexptred term of Hon. J. T. Clarke, deceased, said term expiring JaQuary 1, )891.

Upon motion, the joint session was dissolved, the Senate retiring.

The House was called to order by the Speaker.

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 i~struct me to

302

JouRNAL OF THE HousE.

report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to repeal an aet creating a City Court in Newnan, Ga.
Also, a bill to provide that all executions for taxes shall bear interest, do pass, as amended.
Also, a bill to prohibit cock-fighting and betting thereon.
Also, a bill to provide for the publication of gmnd jury presentments.
Respectfully submitted. RoBERT L. BERNER, Chairman.
Mr. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
The Committee on Special Judiciary have had under consideration the following House bills, which they instruct me to report back. with the recommendation that thev do pass, to-wit :
A bill t() be entitled an act to amend section ,').Hl of the Code.
Also, a bill to be entitled an act to provide for the transfet of misdemeanor case.s, which are now pending, m whieh may hereafter arise in the Superior Court of the county of Stewart, etc.
Also, a bill to be entitled an act to authorize the Chairman and Board of Commissioners of the town of Louisville to purchase from the Board of Trustees of the Louisville Academy a tract of forest lanfl for sanitary purposes, and
to prohibit the sale of said land by Town Commissioners,
and the cutting of the forest from the same. Respectfully submitted. J. T. OLIVE, Chairman.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

FRIDAY, Aum:sT 2, 1889.

303

Mr. Speaker:
The Senate has passed the following bills of the H~mse by the requisite constitutional majorities, to-wit:
A bill to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldi~r of DeKalb county, for a total loss of sight, under the act approved October 24, 1887; yeas 34, nays 0.
Also, a bill to incorporate the Fort Payne and Eastern Railroad Company; yeas 29, nays 0.
Also, a resolution to authorize the payment ot the undrawn balance. of the State School Commissioner's salary for the fourth quarter ot 1887; yeas 31, nays 0.
The Senate has also passed the following 8enate Bills by the requisite constitutional majority, to-wit:
A bill to amend section ;~719 of the Cede of 1882, which provides when applications for new trials shall be made; yeas 32, nays 0.
Also, a bill tn amend an act to prescribe the time tor cutting turpentine boxes, etc.; yeas 30, nays 0.
Abo, a bill to authorize the establishment a 1d maintenance of a syt:tem of sewerage and drainage in and around the city of Waycrm;s; yeas 27, nays 0.
Also, a bill to establish a Board of Pardons for the State of Georgia; to definP their duties, and for other purposPs, by a vote of yeas 23, nays 16.
The Senate has also agreed to the following resolutions of the Senate, and asks the concurrence of the House therein, to-wit:
A resolution authorizing the Governor to sell the old furniture in the old Capitol Building.
Also, a resolution appointing a joint committee to investigate and report as to certain facts pertaining to the Western and Atlantic Railroad.

304

,JOURNAL OF THE HOUHE.

The Senate has also passed the following Senate bill by the requisite constitutional majority, to-wit:
A bill to pi'Ohibit the manufacture or sale of intoxicating liquors within three miles uf Ebenezer Baptist Church, in Gwinnett county.
The following t:lenaie bill was read the second time; the committee to which this bill was referred, made an adverse report; the report of the committee was agreed to, and the bill was loHt, to-wit:
A bill to provide for the number of grand jurors in the Superior Courts; the number necessary to constitute a quorum for the transaction of business, etc.
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 exempt from taxation all property owned by churches in this State, etc.
l'pon motion, House Bill No. 12 was made the special order for August 9th, immediately after the reading of the .Tournai.
The following message was recei\ed from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
The Senate has adopted the following resolution, and asks the concurrence of the House therein, to-wit:
A resolution relating to the rental of the old capitol building to the United States authorities for one year tor postoffice purposes.
By unanimous consent, the following bill was. read the third time; the report of the committ!::e was agreed to, as amended. 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.

FRIDAY., AUGUST 2, 18ts9.

305

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Berner, Brady, Calvin, Candler. Carithers, Carlton, Chew, Clark, Clifton, Crowder, Davis of Burke, Davis of Elbert, DeLacy, Francis, Frazer, Gal,away, Gamble, Gilbert, Glenn, Gordon, Hardeman, Hall, Hand,

Harrell of Decatur, Means,

Hart,

Mitchell of Pike.

Heery,

:Morgan,

Herrington,

OliYe,

Howell,

O'~eil,

Humphreys of Brooks, Park,

Humphries of Screven, Patterson,

Huff,

Perry,

Jenkins of Harris,

Reid,

Johnson of Crawford, Reilly,

Johnson of Jones,

Simmons,

Jones of Baker,

Sims of Lincoln,

.Jones of Coweta,

Sims of Wilkes,

King,

Smith of Decatur,

Lamar,

Tigner,

Lang,

Turner,

Lawson,

Tyson,

Lewis,

Tuck,

Mathews,

Venable,

)lcDaniel,

West,

~fclntyre,

Whitaker,

Mci,er,

williams of Telfair.

Those voting in the uegative were Messrs.-

Atkinson of Butts,

Hardage,

Morris,

Atkinson of Columbia, Harper,

Mustin,

Atkin~on of Coweta, Harris,

Oliver.

Bates,

Hill of .!\Ieriwether, Postell,

Boone,

Holden,

Haw is,

Brown,

Hood,

Speer,

Bush,

Huey,

Singleton,

Buxton,

Hyers,

Skelton,

Callaway,

.Johnston of Campbell, Smith of Gwinnett,

Chureh,

.Johnson of DeKalb, Smith of Wilkinson,

Clements,

.Johnson of Clinch,

Snead,

Davie,

Jones of Chattooga, Snelson,

Dennard,

Kimble,

Stokes,

Dodgen,

Kendrick,

Tatum,

Duggan,

Kitchens,

Taylor,

Fain,

Knight,

Thurman,

Fleming,
20

Latham,

Vandever,

306

JouR~AL OF THE HousE.

Flynt. Fonte, Fricks, Gholston, Griffin, Gunter,

Lofley, Maxwell, McDonald, }lcCook, }lclnnis, }litchell of Spalding,

Walker, Ward, Warren, Williams of Appling. Williams of Upson. Wright.

Those not voting were Messrs.-

Albritton, Alderman, Allred, Alexander, Arnold, Arnheim, Bell, Brewton, Campbell, Champion, Coggins, Collier. Crenshaw,

Daniel, Dugger Felton, ftoodman, Halliday, Ham, Harrell of Webster,. Hill of Wilkes, Hobbs, Holtzclaw, Hooks, Jenkins of Johnson, .Johnson of Floyd,

McArthur, McCalla, Mobley, Montgomery, Murray Peacock, Rankin, Smith of Calhoun, Tanner. Tarver, Twitty. Veazey, Mr. Speaker.

Yeas 6H. Nays 67. Not voting, 39.

Not receiving the requisite constitutional majority, the bill was lost, to-wit :

A bill to fix the salaries of the State Librarian and the Assistant Librarian.

Mr. Gordon, of Chatham, under instructions from Committee on Appropriations, offered the following resolution, which was tead and adopted, to-wit:

Re.~olved by the House of Representatives, the Senate concurring, That Hon. N. J. Hammond be invited to address the Legislature in the Hall of House of Representatives on _ Thursday next, the 8th inst., at 8 o'clock p. m., on the subject of education.

By unanimous consent, House Bill No. 28H was made the special order for August, 15th instant, immediately after the reading of the Journal.

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

FRIDAY, AUGUST 2, 1889.

307

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 act, to-wit :
An act to incorporate the Bainbridge, Cuthbert and Western Railway Company.
Respectfully submitted.
IvY ,V. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

M1. 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, ~he following act, to-wit :
An act to incorporate the Bainbridge, Cuthbert and Western Railway Company.
Respectfully submitted. IvY W. DuGGAN, Chairman.
The following bill was read the third time ; the report of the committee was agreed to, as amended; the proper legal proof.'> were exhihited, and the bill passed, as amended, by the requisite constitutional majority, yeas 97, nays 0, towit:
A bill to provide for the registration of the qualified voters of Pierce county, and for other purposes.
House Bill No. 475 was taken up for a third reading, and, upon motion, the same was tabled.
The following biil 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 101, nays, 0, to-wit:
A bill to establish the County Court of Screven c.nmty; to repeal all local conflicting laws, etc.

308

.JouRNAL oF THE HousE.

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 102, nays 0, to-wit:
A bill to prohibit the sale of liquor in any quantity within five miles of any church in Dodge 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 requi!;ite constitutional majority, yeas 100, nays 0, to-wit:
A bill to amend section 10 of an act incorporating the town ot Eastman.
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 sections 10 and 18 of the act incorporating the town of Chauncey.
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 99, nays 0, to-wit:
A bill to amend an act incorpomting the town of Chauncey.
The following bill was read the third time ; the report of the committee was agreed to; the proper legal proo., were exhibited, and the bill passed by the requisite constitutional majority, yeas 98, nays 0, to-wit:
A bill to extend the corporate limits of the town of Eastman.
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 :

SATURDAY, AUGUST 3, 1889.

309

A bill to amend an act to incorporate the town of Jefferson, approved August 14, 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 hill passed by the nquisite constitutional majority, yeas 97, nays 0, to-wit:
A bill to prevent the killing or destroying of game in the county of Colquitt.
By unanimous consent, the following Senate resolution was taken up, read the firbt time, and teferred to the Committee on the Western and Atlantic Railroad, to-wit:
A resolution appointing a joint committee to investigate and report as to certain facts pertaining to the Western and Atlantic Railroad.
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 putting of fish traps and other obstructions in the Pataula creek and its tributaries in the counties of Stewart, Randolph, Quitman and Clay, and for other purposes.
Leave of absence was granted to the following members, to-wit: Messrs. Dennard, Sims of Lincoln, Fricks, Bates, Smith of wilkinson, Maxwell, Ham, Hobbs, Rawls, Brady, Gunter; Fleming.
The House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday, August 3, 1889.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by the Rev. Mr. Atkinson, of Columbia.

310

JouRNAL oF THE HousE.

By unanimous consent, the roll call wa>l dispensed with.
Mr. Harper, chairman of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
Leave of absence was granted to the following members, to-wit: Messrs. Smith of Calhoun, Smith of Decatur, Peacock, Crenshaw, Johnson of Jones, Alexander, Crowder.
Mr. Mathews, of Houston, gave notice that at the proper time, he would move to reconsider so much of the .Journal as related to the action of the House had yesterday on House Bill No. 160.
Mr. Mathews moved to reconsider the action of the House had on yesterday, relating to House Bill No. 160, to-wit:
A bill fixing the salary of the State Librarian and Assistant Librarian.
Which motion prevailed, and the bill was reconsidered, and tecommitted to the Committee on Appropriations.
By unanimous consent, the following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to iiM)orporate the Fort Payne and Eastern Railroad.
Also, a bill to incorpor:;tte the Thomasville and Cordele Railway Company.
Mr. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speakm:
The Committee on Special Judiciary have had under consideration the fvllowing bill, which I am instructed to report back to the House, with the recommendation that it do pass, to-wit:

SATURDAY,, AUGUST 3, 1889.

311

A bill to be entitled an act to invest C. M. Hitch, a minor, wit.h all the legal rights and privileges of an adult, etc.
Respectfullly submitted. J. T. OLIVE, Chairman.
Mr. Berner, chairman of the Committee on General J udiciary, 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, with the recommendation that they do pass, to-wit:
A bill granting to Andrew Hanly eight feet from the south side of President street, in the city of Savannah, and for other purposes.
Also, a bill changing the time of holding the Superior Court of Telfair county.
Respectfully submitted. RoBT. L. BERNER, Chairman.
Mr. Berner, chairman of the Committee on General Jndi ciary, submitted the following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bill, which they request me to report back to the House, with the ~ecommendation that it be read the second time, and recommitted, to-wit:
Bill No. 479, entitled an act to re'peal paragraph 1 of section 3854 of the Code, and in lieu thereof to more clearly define the competency of witnesses in cases where certain persons, parties or agents are deceased or insane.
Respectfuily submitted. R. L. BERNER, Chairman.

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

312

JouRNAL oF THE HousE.

Mr. Speaket: :

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

Senate Hill No. 131, to prohibit the sale of spirituous, intoxicating or malt liquors within four miles of Stripling . Chapel Methodist Church; within four miles of Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll county, and for othet purposes.

Also, Senate Bill No. 151, to amend an act, approved October 2, 1879, so far as the same relates to the county of Wayne; to fix the amount of license for selling or vending spirituous or intoxicating liquors, so as to include .Jamaica ginger, intoxicating bitters and dorhestic wines, and for other purposes.

Also, a bill to prohibit the manufacture or sale of spiritnons or malt liquors within three miles of Cowen Academy in Cobb county, and for other purposes.

Also, a bill to prohibit the sale of distilled, malt or vinous liquors within three miles of the Methodist and Baptist Churches, in the village of Raytown, in .Taliaferro county, except in the town of Sharon, and for other purposes.

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

A bill to prohibit the sale of all spirituous, intoxicating

or malt liquors within three miles of Reinhardt Normal

College, in Cherokee county.

Respectfully submitted.

A. M. FouTE, Chairman.

Mr. Glenn, chairman of the Committee on Corporations, submitted the following report:
Jfr. Speaker:

The Committee on Corporations have had under consid-

, SATURDAY, AuGUST 3, 1889.

313

\

eration the following bills, which they recommend do pass,

to-wit:

House Bill No. 689, extending the corporate limits of Fairburn.

Also, Bill No. 678, to repeal an act to prohibit the sale of intoxicating liquors within three miles of Walnut Grove Academy, in Walton county.

Also, Bill No. 729, to amend an act incorporating the Underwriters' Mutual Insurance Coo1pany, and for other purposes.

Also, Bill No. 362, to incorporate the town of Shady Dale, in Jasper county.

Also, Bill No. 705, to authorize the Mayor and Council of the city of Athens to grade, pave and impl'Ove the streets of said city, and for other purpose'>.

Also, Senate Bill No. 158, to amend an act to change the name of the Georgia Security Investment Company, and for other purposes.

Also, Senate Bill No. 93, to encourage and authorize the construction of telegraph lines.

Also, Senate Bill No. 164, to amend an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Company, and for other purposes.

Also, Senate Bill No. 163, to submit te the qualified voters of the city of Columbus certain matters therein mentioned.

Also, the following bills, which they r~commend do pass, with amendments herewith submitted, to-wit:

House Bill No. 476, authorizing the Town Council of Camilla to create a debt, and for other purposes.

Also, Bill No. 701, to incorporate the town of Williecoochee, in Coffee county.
Also, 8enate Bill No. 136, which they recommend be recommitted to the Committ~e on General Judiciary.

314

JouRNAL oF THE HousE.

Also, House Bill No. 688, which they recommend the author have leave to withdraw.
Respectfully submitted. W. C. GLENN, Chairman.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they do pass as amended, to-wit:
A bill to incorporate the Thomasville and Suburban Railroad Company.
Also, a bill to amend an act to incorporate the Chattanooga Railway Company.
Also, an act to incorporate the Osotanaula and Coosawattee Railway Company.
Also, a bill to incorporate the Ocean Pond and St. Mary's Short Line Railroad Company.
Also, a bill to incorporate the Bainbridge, Lake Douglass and Suburban Street Railroad Company.
Also, a bill to incorporate the Bainbridge and North Eastern Railroad Company.
Respectfully. submitted. CLARK HowELL, Chairman.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

J11. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to repeal the act to create a County Court in each county in this State, except certain counties therein named, approved .January 19, 1872, and all the acts amendatory

SATURDAY, AUGUST 3, 1889.

315

thereof, so far al" the same apply to the county of McDuffie.
Also, an act to incorporate the Chatham Dime Savings Bank, and for other purposes.
Also, an act to authorize the Mayor and Council of Monticello to issue bonds, etc., for the purpose of building and furnishing school houses, and for other purposes.
Also, an act to incorporate the Bainbridge, Cuthbert and Western Railway.
All3o, an act to authorize the compromise and adjustment of the claims due Howell C. Glenn and W. D. Ellis, for insolvent costs due them as Solicitors of the City Court of Atlanta, and to provide for the payment thereof.
The following House bills were read the second time, to-wit:
A bill to amend sections 2783 and 2783 (a) of the CodP.
Also, a resolution for the relief of the East and 'Vest Railroad of Alabama.
Also, a bill to repeal an act, approved October 5, 1887, to establish the City Court of Newnan.
Also, a bill to amend an act to create a County Court for the county of Early, approved September 21, 1887.
Also, a bill to invest Milton Hitch, a minor of the county of Brook~", with all the rights and privileges of an adult, etc.
Also, a bill to provide that all executions for taxes due the State, or any county thereof, or municipal corporations therein, shall bear interest at the legal rate from the time fixed by law for issuing the same, etc.
Also, a bill to provide for the transfer of misdemeanor cases, which are now pending, or which may hereafter arise in the Superior Court of Stewart county, and for other purposes.
Also, a bill to provide for the publication of presentme.nts when recommended by the grand jury.

316

JouRNAL oF THE HousE.

1\.lso, a bill to amend an act to incorporate the Hartwell Loan and Savings Bank, approved October 24, 1887.
Also, a bill to amend section .549 of the Code of 1882.
Also, a bill to prohibit cock-fighting or betting thereon, and to prescribe a punishment for the same.
Also, a bill to change the tim~> of holding the Superior Court ot the county of Telfair.
Also, a bill to repeal paragraph No. 1 of section 3854 of the Code, etc.
Also, a bill to incorporate the Augusta and Western Railroad Company.
Also, a bill to incorporate the Georgia Northern Railroad Company.
Also, a bill to amend section 7 of an act, approved December 8, 1888, to create a Board of Commissioners of Roads and Revenues in the county of Stewart.
Also, a bill to prevent the sale or manufacture of spirituous, vinous or malt liquors within two miles of Grove Level Baptist Church, in Bank!" county.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Carroll, etc.
Ah;o, a bill relating to the compensation of the Commissioners of the county of Clay.
Also, a bill to incorporate the Bank of Fort Gaines.
Also, a bill to prohibit the sale of intoxicating liquors within three miles, in every direction, of Leamon Baptist Church, in Spalding county.
Also, a bill to prevent the sale of intoxicating liquors within three miles of Orchard Hill, Georgia.
Also, a bill to incorporate the Hawkinsville and Florida Southern Railroad Company.
Also, a bill to incorporate the Rome, Subligna and Northern Railroad Company or Dummy Line, etc.

.SATURDAY, AUGUST 3, 1889.

317

Also, a bill to incorporate the Fairmount Valley Railroad Company, etc.
Also, a bill to repeal the present road laws of Chattooga county.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Subligna Academy and Subligna Church in the county of Chattooga.
Also, a bill to authorize and empower, 1'3tify and confirm, the granting by the Mayor and Aldermen of the city of Savannah, to Andrew Hanly, of eight (8) feet of and from the south side of President street, between Whitaker street and St. James square, in said city of Savannah, etc.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Coffee.
Alf,u, a bill to provide for the registration of the qualified voters of Coffee county.
Also, a bill to provide for the registration of all voters in the county of Warren.
Also, a bill to prohibit hunting or fishing on the lands of another in the county of Bulloch, without the consent of owners, etc.
Also, a bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax, to run for a period of five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county.
Also, a bill to authorize the chairman and Board of Commissioners of the town of Louisville, to purchase from the Board of Trustees of the Louisville Academy, a tract of forest land for sanitary purposes, and to prohibit the sale of said land by the Town Commissioners and the cutting of the forest from the same.
Also, a bill to amend an act for establishing and erecting an academy in the town of Louisville, and for other pur-

318

JouRNAL oF THE HousE.

poses, approved February 22, 1796, by increasing the number of Trustees of said academy, etc.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Bryan, etc.
Also, a bill to require the registration of voters in Mcintosh county.
Also, a bill to amend an act to incorporate the Chattanooga RaHway Company.
Also, a bill to authorize and empower the Town Council of Camilla to create a debt not to exceed five thousand dollars for the purpose of erecting suitable school buildings for said town, etc.
Also, a bill to incorporate the town of Shady Dale, in Jasper county.
Also, a hill to amend section 6, paragraph 1, of the act known as tne General Appropriation Act of 1888.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, etc.
Also, a bill to incorporate the Oostanaula and Coosawattee Railway Company.
Also, a bill to alter and amend sub-division 16 of section. 2, of the act approved December 26, 1888, to levy and collect a tax for the years 1888 and 188&.
Also, a bill to require the registration of all voters in the county of Bryan.
Also, a bill to incorporate the Bainbridge and NorthEastern Railroad Company.
Also, a bill to incorporate the Thomasville and Suburban Railroad Company.
Also, a bill to incorporate the Ocean Pond and St. Mary's Short Line Railroad Company.
Also, a bill to prohibit the sale of distilled malt or vinous liquors within three miles of the Methodist and Baptist Churches in the village of Raytown, Taliaferro county.

SATURDAY, AUGUST 3, 18R9.

319

Also, a bill to prohibit the sale of spirituous liquors within three miles of Rheinhart Normal College, Cherokee county, this State.

Also, a bill to prohibit the manufacture or sale of spirituous liquors within three miles of Cowen Academy in Cobb county.

Also, a bill to requi te the registration of all voters in the county of Bullock.

Also, a bill to authorize and empower the Mayor and

Council of the city of Athens to grade, pave, macadamize

and otherwise improve certain streets of said city, etc.

Also, a bill to incorporate the town of Williecoochie, in

the county of Coffee.

'

Also, a bill to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad and Telephone Company.
Also, a bill to repeal an act to prohibit the sale of spirituous liquots within three miles of Walnut Grove Academy, in Walton county, approved Octo bet' 22, 1887.
Also, a bill to incorporate the Brunswick State Bank.

Also, a bill extending the corpomte limits of Fairburn. Also, a bill to amend an act to incorporate the Underwriter's Mutual Insurance Company, approved December 27, 1886.
Also, a bill to amend the act of December 24, 1835, amending the charter of the city of Augusta.
The following Senate bills were read the second time, to-wit:

A bill to encourage and authorize the construction of telegraph lines in the State of Georgia, etc.

Also, a bill to amend sub-division 10 of section 10 of the act approved December 26, 1888; an act to levy and collect a tax for the support of the State Government and public institutions for the fiscal years 1889 and 1890.

Also, a bill to incorporate the South Georgia Bank of Waycross.

320

JouRNAL OF THE HousE.

Also, a bill to prohibit the sale of intoxicating liquors within four miles of Stripling Chapel Mt:thodist Church ; within four miles of Oak Grove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll county.
Also, a bill to incorporate the Collins Park and Belt Railroad Company.
Also, a bill to enlarge the powers and duties of the Countv -commissioners, or Ordinaries where there are no Commissioners, of the several counties of the State of Georgia, etc.
Also, a bill to amend section 943 (a) of the Code of 1882.
Also, a bill to amend an act, approved October 2, 1879, so far as the same relates to the county of Wayne; to fix the amount of license for selling spirituous liquors, so as to include Jamaica ginger, etc.
Also, a bill to amend an act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to Atlanta Trust and Banking Company, etc., approved December 26, 18~8.
Also, a bill to amend an act to make valid certain subscriptions of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Companies,by repealing section 5 thereof, and providing for the redemption of raihoad scrip.
Aiso, a bill to submit to the qualified voters of the city of Columbus the ratification of the disposition of certain shares of Mobile and Girard Railroad stock by the City Council by resolutions of Suly 1, 1885, and October 5, 1887.
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on Banks, to-wit:
By Mr. Humphries, of BrooksA bill to incorporate the Brooks County Alliance Ware-
house and Banking Company.

MONDAY, AUGUST 5, 1889.

321

The following Senate resolution waH read and referred to Committee on Public Property, to-wit.
By Mr. Little, of the 31st DistrictA resolution, relating to the rental of the old Capitol
Building.
Leave of absence was granted to the following members, to-wit: Messrs. Carithers, Chew, Herrington, Bell, Holtzclaw, Coggins and Gallaway.
Upon motion, the House adjourned uutil Monday morning at 9 o'clock.

ATLAXTA, GEORGIA,
Monday, August 5, 1889.

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 Messrs.-

Albritton. Alderman, Allred, Alexander, Arnold. Atkinson of Butts, Atkinson of Coweta. Bates, Bell, Berner, Boone, Brady, Brewton. Brown, Bush, Buxton, Callaway, Calvin,
21

Griffin, Gunter, HardPm>ln, Hardage, Hall, Ham. Haud, Harper, Harrell of Decatur. Harris. Hart. Heery, Herrington, Hill or' :\Ieri wether, Hill of "Wilkes. Hobbs, Holtzclaw, Holden,

/ ;\lclutyre, :\I elver, ;\leans, :\litchell of Pike, :\[itchell of Spalding,
Moble~",
Montgomery, )[orgau, :Morris, :\Iurray, }I ustin. Olin, O'Neill. Park, Peacock, Perry. Postell, Rankin.

'3-')-)

Jot:R:'>AL OF THE HousE.

Campbell Candler, Carithers, Carlton, Champion, Chew. Chur<'h. Clark. Clements. Clifton, Coggins, Collier, Crenshaw, Crowder, Daniei, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Fain. Felton. Fleming, Flynt. Fonte. Francis, Frazer. Fricks. Gallaway, Gamble, Gholston, Gilbert. Glenn, Goodman, Gordon,

Hood.

Rawls.

Hooks.

Reid.

Howell.

Reilly,

Humphreys of Brooks, Speer,

Humphries of Screven, Sirr1n1ons.

Huey.

Sims of Lincoln,

Huff.

Sims of wilkes.

Hyers.

Singleton,

.Jenkins of Harris,

Skelton,

.Tenkins of Johnson, Smith of Calhoun.

.Johnston of Campbell, Smith of Decatur.

.Johnson of Crawford, Smith of Gwinnett.

.Johmon of DeKalb, Smith of Wilkinson.

,Johnson of Floyd,

Snead,

.Johnson of Jones,

Snelson,

.Johnson of Clinch,

Stokes,

.JoncE of Baker,

Tanner.

,Jones of Chattooga, Tatum.

Kimble,

Taylor,

Kendrick.

Thurman,

King.

Tigner,

Kite hens.

Turner,

Knight.

Tyson.

Lamar.

T"itty.

Lang.

Tuck.

Latham,

Ynndever.

Lawson,

\' enahle.

Lewi,;. Lufley, )[a thews,

'"a'"alker, rd. \Yarren.

)[a~ weli,

'Vest.

)lcArthur,

\Vhitaker,

:\[cDonald,

Williams of Appling.

:'IIcDaniel,

Williams of Telfair.

)[cCalla,

'Yilliams of Upson.

:'IIcConk.

Wright,

:\[clnms,

::\[r. Sp.eaker.

Those absent wen :Messrs.-

Arnheim,

Harrell of 'Vehster,

Atkinson of Columbia, ,Jones of Coweta,

Dugger,

Oliver,

Halliday,

Patterson, Tarver, Y eazey.

Mr. Thurman, of the Committee on .Journals, reported

that the Journal had been examined and approved.

The Journal was then read and confirmed.

MoNDAY, AuausT 5, 1889.

32:3

Leave of absence was granted to the following membt:ns, to-wit: Messrs. Oliver, Atkinson of Columbia, Patterson, Jones of Coweta, Hardage, Veazey and Kitchens.

Mr. Snelson offered the following resolution, which was lost, to-wit:
Resolved 1st, That from and after this date, whenever the House of Representatjves shall adjourn for one or more days for the personal pleasure or profit of its members, it shall be unlawful to pay the members for the day or days adjourned.

Resolved 2d, That no leave of absence will be granted to the members of this House except for providential cause, or on demand of the courts of the State.

Upon motion, the special order for to-day, which was House Bill No. 535, to-wit:

A bill to regulate the catching or tonging of oysters, and to protect oysters on the coast of Georgia, etc., was tabled.

By request, House Bill No. :382, was taken from the table and placed upon the calendar.

Mr. Hanel!, of Decatur, chairman of the Committee on Banks, submitted the fi>llowing report:

Mr. Speaker:

The Committee on Banks have had under consideration the following bills, which they rPcommend do pass, as amended, to-wit:

A hill to incorporate the Perry Loan and Savings Bank,

etc.

Also, a bill tJJ grant a charter to organize a bank in

Blakely, Early county, Georgia, to be known as the Bank

of Blakely, etc.

Also, a bill to amend an act incorporating the Home

Loan and Banking Company of Atlanta.

Also, a bill to incorporate the Commercial Bank of

Cedartown, Georgia, and for other purpo;;es.

Respectfully submitted.

J. D. HARREL, Chairman.

324

JouRNAL oF THE HousE.

By unanimous consent, the following bill was introduced, read the first time, and refert"ed to (;ommittee on Corporations, to -wit :
By Mr. Montgomery, of MarionA bill to ratify and amend an act to repeal au act, ap-
proved January 26, 1R50, incorporating the town of Beuna Vista, in the county of Marion, and- the acts amendatory thereof, and establish a new charter for said town, etc.
A memorial from the ladies of Washington county was received and refemed to the Committee on Appropriations.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred, to-wit:
By Mr. Hardeman, of BibbA bill to amend the charter of the Macon Savings Bank,
so as to increase the number of Directors, and for other purposes.
Referred to Committee on Banks.
By Mr. Lamar, of RchmondA bill to provide for the sale of the interest of a deceased
partner in partnership assets; to regulate the manner thereof, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to incorporate the North and South Short Line Railway Company, approved September 13, 1887, so as to confer and define additional corpomte powers, and for other purposes.
Referred to Committee on Railroads.
By Mr. ~alvin, of RichmondA bill to confirm the charter of the Augusta and Florida
Railr<>ad Company, etc. Referred to Committee on Railroads.
Memorials were received from the ladies of the counties of Sumter, Pike and Lumpkin, and referred to the Committee on Appropriations.
Upon motion of Mr. Rankin, Honse Bill No. 65 was

MoNDAY, AuausT 5, 1889.

325

made the special order for to-morrow, immediately after the reading of the Journal.
The following bill was read the third time; the report of the committee was agreed to, and, upon motion, the bill was t~bled, to-wit :
A bill to amend sections 2783 and 278:3 (a) of the Code of 1882.
The following resolution was read the third time; thereport of the committee was agreed to, and, upon motion, was tabled, to-wit:
A resolution for the relief of the East and vVest Railroad
of Alabama.
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 majOt"ity, yeas 90, nays 6, to-wit:
A bill to repeal an act, approved October 5, 1887, to establish the City Court of Newnan, and for other purposes.
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 ; and, upon motion, the bill was tabled, to-wit :
A bill to invest Milton Hitch, a minor of the county of Brooks, with all the rights and privileges of an adult, etc.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Temperance, to-wit:
By Mr. Thurman, of WalkerA bill to prohibit the sale of intoxicating liquors or in-
toxicating bitters within a radius of three miles of St. Mary's Masonic Institute and Chattanooga Valley Baptist Church, in the county of Walker.
The following bill was read the third time ; the report of

JouRXAL OF THE HousE.

the committee was agteed to ; the proper legal proofs were exhibited, and the bill passed by the teq uisitc constitutional majority, yeas 91, nays 0, to-wit:
A bill to amend an act to create a County Court for the county of Early, approved Septembet 21, 1887, etc.
By unanimous consent, the regular order of business was dispensed with, and bills favorably reported were taken up for a second reading, and local bills tor a third reading, when the following bill" were read the second time, to-wit :
A bill to incorporate the Perry Loan and Savings Bank, and for other purposes.
Also, a bill to grant a charter to organize a bank m Blakely, Early county, Ga., to be known as the Bank of Blakely.
Also, a bill to amend an act incorporating the Home Loan and Banking Company of Atlanta.
Also, a bill to incorporate the Commercial Brnk of Cedartown, Ga., etc.
The following message was received hom the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:

The Senate has pai'lsed, as amended, the following House bills by the requisite constitutional majorities, to-wit:

A bill to incorporate the Thomasville and Cordele Railway Company; yeas 30, nays 0.

Also, a bill to incorporate the Calhoun and Fairmount Railway Company; yeas 30, nays 0.

Also, the Senate has passed the following bills by the tequisite constitutional majorities, to-wit:

A bill to reduce the bond of the Sheriff of Baker county;

yeas 30, nays 0.



Also, a bil! creating stock laws in the 105th and 115th Districts, G. M., of Baldwin county; yeas 31, nays 0.

i\lo~DAY, AUGFST 5, 1889.

327

Also, a bill to incorporate the GeOJ'gia Loan Savings and

Banking Company; yeas 31, nays 0.

'

Also, a bill to establish a City Court in the city of Carrollton, Carroll county, Georgia; yeas 29, nays 0.

By unanimous consent, the following bill was introduced, read the fir;;t time, anrl reflcrred to Committee on Education, to-wit:

By Mr. Clifton, of ChathamA bill to authorize the Trustees of the State University
to accept, as a branch of said University, a College of Agticulture and Mechanical Arts and Sciences, to be established at Hinesville, Liberty county, in this State, and for other purposes.

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 pa!<sed by the requisite constitutional majority, yeas 98, nays 0, to-wit :

A bill to prescribe the manner t~f gt'anting license to sell spirituous or intoxicating liquors in the county of Telfair, fixing the lictnse at five thousand dollars to sell in any quantity, ete.

By unanimous consent, the following bill was introrluced, read the first tim(', and referred to th(' Committee on Special .Judiciary, tu-wit:

By Mr. Mathew:;, of HoustonA bill to amend an act to provide how insolvent costs,
due J nstices and Constables, shall be paid.

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 80, nap 0, to-wit:

A bill to incorporate the tow? of Shady Dale, in .Jasper county, etc.

The following bill was read the third time; the report of the committee was agreed to; the proper legal proofs were

328

.JouRNAL oF THE HousE.

exhibited, and the bill prssed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to prevent the sale or manufi1eture of spirituous, vinous or malt liquors, within three miles of Mount Olivet Methodist Church, in the county of Banks.
House Bill No. 422 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 was agreed to, as amended ; the proper legal proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 99, nays 0, towit:
A bill to amend an aPt to create a Board of Commissioners of Roads and Revenues in the county of Hancock, approved October .), 1885.
The following bill 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 incorporate the Waycross Street Railway Company.
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 reqnisit~ eonstitutional majority, yeas 96, -nays 0, to-wit :
A bill to submit to the qualified voters of the city of Columbus, the ratification of the disposition of certain shares of Mobile and Girard Railroad stock, by the City Council, by resolution of July 1,1885, and October.'), 1887.
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 amend an act to make valid certain 'lnbscrip-

MONDAY, AUGUST ,), 1889.

329

tions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Company, by repealing section 5 thereof, etc.
The following bill was rea_d 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 91, nays 0, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt, approved March 2, 1~7-1.
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 fishing, hunti11g, or otherwise trespassing on the lands of another, in the county of Screven, without the consent of the owner.
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 amend an act to incorporate the Hartwell Loan and Savings Bank, etc., approved October 24, 1887.
The following bill was read the third time; the report of the committee was agreed to; the. proper legal proof~ were exhibited, and the 9ill passed, by the requisite constitu- tiona) majority, yeas 98, nays 0, to-wit:
A bill to prohibit the sale of seed cotton in the eom1ty of Washington from the 1st day of August to the 24th day of December in each year, 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 1, to-wit:

330

,JoGR:S.\L oF THE HotJSE.

A bill to require the owners of horses, mules, cows, hogs, sheep, and stock of all kinds, to prevent the same from running at large npon the lands of another, whether enclosed or unenclosed, in the 961Ft District, G. l\1., Schley county, Ga., etc.
Mr. Duggan, chairman of the. Committee on Enrollment, submitted tlw following report:

Mr. 6peake1:
The Committee on Enrollment, reports as rfuly 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 incorporate the Thomasville and Cordele Railway Company.
Also, an act to appropriate one hundred dollars to ,J. P. Austin, an ex-Confederate soldier of DeKalb county.
Also, a resolution to authorize the payment of the undrawn balance of State School Cornmis;;ioner's salary for the fourth quarter of 18H7.
ReFpectfnlly submitted.
IvY w. DuGGAN, Chairman.

l\[r. Duggan, chairman of tlw Committee on Enrollment, submitted the fo!lowing report :

Mr. Spealce1:
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the Honse and President of the Senate, and deliYered to His ExceJletwy, the Governor, the following acts, to-wit :
An act to relieve Capt. J. M. Banws, of the Thompson Guards, and his bondsmen, in the mattet of arms destroyed by fire.
Also, an act to amend section 4, of an act to incorporate the Oglethorpe Sa\;in~s and Trust Company, approved December 18, IR86.

TuESDAY, AuausT 6, 1889.

331

Also, an act to incorporate the Thomasville and Cordele Railroad Company.
Respectfully ;.;ubmittf>d. lYY W. Du<;GAN, Chairman.
By unauimous consent, the following bills were introduced, read the first time, and referred, to-wit:
By Mr. Hardeman, of BibbA bill to provide for the payment of insolvent costs due
Solicitors-General, Clerks, Sheriffs and Committing Courts in certain felon_v cases, in counties where there is a County Court or City Court.
Referred to Committee on General Judiciary.
By Mr. Gholston, of MadisonA bill to prohibit the sale of spirituous, malt or intox-
icating liquors within three miles of the Baptist Church, at fork of Broad River, in Madison county, etc.
Referred to Committee on Temperance.
By Mr. McArthur, of MontgomeryA bill to repeal section 1448 of the Code of 1882, so far
as it relates to the county of Montgomery. Referred to Committee on General J urliciary.
I
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 94, nays 0, to-wit :
A bill to incorporate the Union Railmad and Transfer Company, etc.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Tuesday, August 6, 1889.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by Rev. Mr. Allred.

332

JouRNAL oF THE HousE.

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

Those present were .Messrs.-

Albritton,

Griffin,

:\lclntyre,

Alderman,

G-unter,

..\[elver,

Allred,

Hardeman,

..\leans,

Alexander,

Hardage,

:\Iitchell of Pike,

Arnold,

Hall,

.'tlitehell of Spalding,

Atkinson of Butts, Halliday,

Mobley,

Atkinson of Colurnbia, Ham,

Montgomery,

Atkinson of Coweta, HanJ,

..\I o r g a n ,

Bates.

Harper.

..\Ionis,

Bell,

Harrell of Decatur, ..\Iurray.

Berner,

Harris,

..\I ustin,

Boone,

Hart,

Olin~.

Brndy,

Heery,

o~eill,

Brewton,

Herrington,

Park,

Brown,

Hill of .Meriwether, Patterson,

Bush,

Hill of Wilkes,

Peaeoek,

Buxton,

Hobbs,

Perry,

Callaway,

Holtzclaw.

Pm;tell,

Calvin,

Holden,

Rankin,

Campbell,

H8oc1,

Rawls,

Candler,

Hooks,

Reid,

Carithers,

Howell,

Reilly,

Carlton,

Humphreys of Brooks, Speer.

Champion,

Humphries of Screven. Sin1n1ons.

Chew,

Hney,

Sim,; of Lincoln,

Chureh.

Huff,

Sims of 'Vilkes,

Clark,

Hyers,

Singleton,

Clements,

.Jenkins of Harris,

Skelton,

Clifton,

Jenkins of Johnson, Smith of Calhoun,

Coggins,

.Johnston of Campbell, Smith of Gwinnett,

Collier,

.Johnson of Crawford, Smith of Wilkinson,

Crenshaw,

.Johnson of DeKalb, Snead,

Crowder,

,Johnson of Floyd,

Snelson,

Daniel,

.Johnson of Jones,

Stokes,

Davie,

,Johnson of Clinch. Tanner.

Davis of Burke,

,Jone> of Baker,

Tatum,

Davis of Elbert,

,Jones of Chattooga, Taylor,

DeLacy,

.Jones of Coweta,

Thurman,

Dennard,

Killlble,

Tigner,

Dodgen,

Kendrick.

Turner,

Duggan,

King,

Tyson,

Dugger,

Knight,

Twitty,

Fain.

Lamar.

Tuck.

TeESDAY, AuGUST 6. 1889.

333

Felton, Fleming, Flynt, Fonte. Francis. Frazer, Fricks, Gallaway, Gamble. Gholston, Gilbert, Glenn. Goodman, Gordon.

Lang, Latham,
La"~son,
Lewis, Lofley, .Mathews, l\Iaxwell, l\lcArthm, )feDonald, l\lcDaniel. )lcCalla, )leCook, l\lclnnis,

Yande,er, , ...eazey,
Yenable. \Yalker, ward, "\Varren, "\Vest, "\Vhitaker, Williams of Appling, "\Villiams of Telfair, Williams of Upson, 'Vright, )[r. Speaker.

Those absent were Messrs.-

Arnheim,

Kitchens.

Harrell of Webster, Oliver.

t:lmith of Decatur. Tarver.

Mr. Atkinson, of Columbia, of the Committee on Journals, reported that the .Journal had been examined and approved.

The Journal was then read and confirmed.

By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Education, to-wit:

By Mr. Thurman, of \ValkerA resolution authorizing County Boards of Education to
allow the use of any ordinary common school books in certain districts, where such books are satisfactory to the patrons and teachers.

By unanimous consent, 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 93, nays 0, to-wit

A bill to incorporate the Collins Park and Belt Railroad Company, etc.

Mr. Harrell, of :Pecatur, chairman of the Committee on Banks, submitted the following report:

334

JouRNAL oF THE HousE.

Mr. Speaker:
The Committee on Banks have had under consideration the following bills of the House, which they instruct me to report back to the House, with the recommendation that they do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Laborers' Loan and Savings Bank of 'Vaycross, and for other purpose,.
Also, a bill to be entitled an act to amend the charter of the Macon Savings Bank, so as to increase the number of directors; to authorize the bank to act as trustee, administrator, executor, guardian, receiver or assignee; to make said bank the legal depository for trust funds controlled by court, corporation, or individuals, and to discharge generally the business of a trust company, and for other purposes.
Have also had under consideration the following bill of the Senate, which they instruct me to report back to the House, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to incorpomte the Merchants' Bank of Milledgeville, Georgia, and for other purposes.
Respectfully submitted. J. D. HARRELL, Chairman.

Leave of absence was granted to the following members, to-wit: Messrs. Albritton, Snead, Mitchell of Pike, Hart, Lewis and Gallaway.

By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Railroads, to-wit:

By Mr. Coggins, of Banks-

A bill to incorporate the Belton, Homer and Carnesville

Railroad Company, and for other purposes.

.

By unanimous consent, the following bill was read.third time; the report of the committee was agreed to; the pl'Oper

TlJEtiDAY, AUGUST 6, 1889.

335

lt)gal proof., were exhibited, and the bill passed by the requisite constitutional majority, yeas 93, nays O, to-wit :
A bill to establish a system of publi~ schools in the city of Conyers.
The following re;;olution was introduced, read the first time, and, under the rules, wa'> laid over for one day, to-wit :
By Mr. Tatum, of DadeA tesolution, that it is the sense of the House not to re-
fer the question of bettermer.ts, as claimed by the lessees of the Western and Atlantic Railroad, to an arbitration.
By unanimous consent, the following bill was read the thitd time; the report of the committee was agreed to, as amended, and the bill passed as amended, by the requisite constitutional majority, yeas 97, nays 0, to-wit:
A bill to incorporate the Perry Loan and Savings Bank.
By request of the Committee on Agriculture, Mr. Huey, of the county of Dougla~, was added !o said committee.
Bv 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 94, n~ys 0, to-wit :
A bill to incorporate the Planter>;' Loa,n and Banking Company, etc.
Upon motion of Mr. Rankin, House Bill No. 65 was taken up, to-wit :
A bill to provide for the lease of the Wel-'tern and Atlantic Railroad.
The House resolved itself into a Committee of the Whole. Mr. Fleming, of Richmond, was calted to the chah.
Mr. Fleming, chairman of the Committee of the Whole House, submitted the following report:

:336

JoeRNAL oF THE HousE.

Mr. Speaker:
The Committee of the Whole House have had under consideration House Bill No. 65, which they instruct me to report progress, and ask leave to sit again.
Mr. Glenn offered a resolution telating to betterments, to which Mr. Thurman, of Walker, offered the following as a substitute, to-wit:
Resolved, That whereas, the time and patience of this House is constantly being monopolized by the discussion of the question of betterments between the State and the lessees of the Western and Atlantic Railroad; and whereas, it is the duty and obligation of the State to carry out in good faith the conditions of the present lease, as set forth in the cuntract with said lessees, and in accordance with the inventory as now on file in the Secretary of State's office, and is clearly set forth in the amount, value and condition ot all property received by the lessees; therefore he it
Resolved, That it is the sense of this House that discussion on the question of betterments is in no wi:;e connected with the proposed le11se of said road; and it i:; the duty and obligation of this A!:>sembly to offer for leasP 110 more nor no less than the amount, condition or value of the property ~s set forth in said inventory.
The Speaker ruled that the resolution previously offered by Mr. Tatum, of Dade, was in order, and the same was tead.
Mt. Calvin, of Richmond, offered the fo]Jowing as a substitute for the whole, to-wit:
Resolved, That it is the sense of this House that the question of the lease of the 'Vestern and Atlantic Railroad should not be further considered until the question of betterments shall have been disposed of.
Upon motion of Mr. Bernet, the resolution:; and proposed substitutes wete tabled.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

TUESDAY, AU' GUST 6, 1889.

337

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, signed by the Speaker of the House and President of the Senate, aud delivered to His Excellency, the Governor, the following acts, to-wit :
An act to require the owners of stock in the 105th and 115th districts, Baldwin county, to keep the same from running at large on the lands of another.
Also, an act to incorporate the Georgia Loan, Savings and Banking Company.
Also, an act to appropriate one hundred dollars to J. P.
Austin of DeKalb county.
Also, an act to incorporate the Fort Payne and Eastern Railroad Company.
Also, an act to reduce the bond of the. Sheriff of Baker county.
Also, an act to repeal an act entitled an act to establish a City Court in the city ol Carrollton, approved December1 20, 1884.
Also, a resolution to authorize the payment of the undrawn balance of State School Commissioner's salai"Y for the fourth quarter of 1887.
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 Speaker of the House and President of the Senate, the following acts, to-wit:
An act to incorporate the Fort Payne and Eastern Railroad Company.
22

338

JouRNAL OF THF. HousE.

Also, an act to reduce the bond of the Sheriff of Baker county from six to three thousand dollars.
Also, an act to require the owners of all horses, mules, cows, sheep, goats, hogs and stock of every description, to keep the same from running at large upon the lands of another within the 105th and 115th Militia Districts, in Baldwin county.
Also, an act to repeal an act entitled an act to establish a City Court in the city of Carrollton, approved December 20th, 1884.
Also, an act to incorporate the Georgia Loan, Savings and Banking Company.
Respectfully >:ubmitted. IvY W. DuGGAN, Chairman. \

The following message was received from His Excellen-
cy, the Governor, through Mr. ,V. 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 relieve J. M. Barnes, Captain of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in January, H!88.
Also, an act to amend section 4 of an act to incorporate the Oglethorpe Savings and Trust Company, etc., approved December 18, 1886.
Also, an act to incorporate the Thomasville and Cordele Railway Company.
By unanimous consent, House Bill No. 83 was taken from the table and placed upon the calendar.
By request, House Bill No. 535 was taken from the table and the same made the special order for Thursday next, immediately after the reading of the Journal, to-wit:

WEDNESDAY, AuGusT 7, 18~9.

339

A bill to regulate the catching or tonging of oysters, and to protect oysters on the coast of Georgia, etc.
The following bill was read the third time; the report of the committee was agreed to ; the proper legal proQfs were exhibited, and the bill passed by the requisite constitutional majority, yeas 99, nays 0, to-wit:
A bill to incorporate the town of Millsville, in the county of Calhoun, and for other purposes.
By unanimous consent, the following bill was introduced, read the first time, and referred to Committee on General Judiciary, to-wit:
By Mr Bush, of MillerA bill to amend ~n act to create a Board of Commis-
sioners of Roads and Revenues in and for the county of Miller, and for other purposes.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Wednl:'sday, August 7, 1889.

The House met pursuant to adjournment; was called to order by the Hon. A. S. Clay, Speaker, and opened with prayer by the Rev. Mr. Montgomery, of the county of Marien.

By unanimous consent. the call of the roll was dispensed with.

Mr. Thurman, of the Committee on Journals, reported

that the Journal had been examined and approved.

)

The Journal was then read and confirmed.

Leave of absence was granted to Messrs. Coggins, Gordon and Mciver.

Upon motion of Mr. Rankin, of Gordon, the House re-

340

JouRNAL oF THE HousE.

solved itself into a Committee of the Whole tor the further consi(let'ation of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad ; Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, 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. 65, to-wit:
A bill. to provide fer the lease of the Western and Atlantic Railroad, which they instruct me to report progress and ask leave to sit again.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they do pass, to-wit :
A bill to amend an act to incorporate the Fulton County Street Railroad.
Also, a bill to amend an act entitled an act to incorporate the Georgia Southern and Florida Railroad Company.
The committee have also had under consideration the following bills, which they report baok, with the recommendation that they do pass, as amended, to-wit :
A bill to incorporate the Catoosa Railroad Company.
Also, a bill to amend the charter of the Rome Railroad Company.
Also, a bill to incorporate the Richmond Connty Belt Line Railway Company.
Also, a bill to incorporate the Wynnton and Columbus Street Railroad Company.

WEDNESDAY, AUGUST 7, 1889.

341

Also, a bill to incorporate the Artesian City Railroad Company.
Respectfully submitted. CLARK HoWELL, Chairman.
Mr. Brady, chairman of the Committee on Agriculture, submitted the following r~port :

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they instruct me, as their chairman, to report back to the House, with a recommendation that they be referred to the General Judiciary Committee, to-wit :
A bill to be entitled an act prohibiting any person or persons, company or corporation, selling any kind of goods, wares, or farm products within the State of Georgia, and which tends to monopoly, and fixing a penalty or forfeiture for a violation thereof; Provided, nothing in this act shall apply to the producer, or owner of stock.
Also, a hill to be entitled an act defining trust, and providing penalties and punishment of corporations, persons, firms and associations of persons connected with them, and to promote free competition in this State of Georgia.
Also, a bill to be entitled an act to prevent hauling, carrying, toating, conveying, or otherwise removing seed cotton at night; to prescribe a penalty tor the violation of the same, and for otherpurposes, which the committee recom. mend the introducer be allowed to withdraw.
Respectfully submitted. W. BRADY, Chairman.
Mr. Gordon, chairman of th"e Committee on Appropriations, submitted the following report:

Mr. Speaker:
The Committee on Appropriations have had under consideration the following bill, which they have instructed me

342

JouRNAL OF THE HousE.

to report back to the House, with a recommendation that it do pass, to-wit :
A bill to be entitled an act to provide for establishing the line between Georgia and Alabama; to provide for the appointment of persons to establish said line; to appropriate money to pay the expenses thereof, and for other purposes.
The committee have also had undet consideration the following bill, which they have instructed me to report back to the House with a recommendation that it do pass, by substitute, to-wit:
A bill to be entitled an act to appropriate money to pay the Commissioners, Clerks and Surveyors, appointed under resolution of the General A~sembly of 1887, to make and file an inventory appraisement and survey of the property known as the Western and Atlantic Railroad.
Respectfully submitted. WM. W. GoRDON, Chairman.
Mr. Candler, chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
The Co.p1mittee on Education have had under consideration the following bills, which I am directed to report to the House, with the recommendation that they do pass, as amended, to-wit :
House Bill No. 425, which is a bill to establish a public school system in the town of Perry.
Also, House Bill No. 721, which is a bill to establish a system of public schools in the city of Fort Va11ey.
Also, House Bill No. 593, which is a bill to authorize and direct the Commissioners of Emanuel county to levy and collect a supplementary ad valorem tax fo"r common schools, which I am directed to report back, with the recommendation that it do pass by substitute.
Also, House Bill No. 691, which is a bill to amend the

WEDNESDAY, AUGUST 7, 1889.

343

publie school act of Quitman, Brooks county, which I am directed to report back with the recommendation that it do pass.

Also, House Bill No. 692, which is a bill to incorporate the University of Georgia for colored people; to make . appropriations for the same, and for other purposes, which I am directed to report back, with the recommendation that it be recommitted to the Committee on Appropriations.
Respectfully submitted. U. M. CANDLBR, Chairman.

Mr. Lofley, 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 return to the House, with the recommendatio11 that it do pass, to-wit :

A bill to be entitled an act to alter and amend the rood

laws of this State, so far as telates to the county of Chat-

tooga, and authorizing the Ordinary of said county to levy

and collect a tax for road purposes.

Respectfully submitted.

S. T. LoF~EY, Chairman.

Mr. Fleming, of Richmond, offered the following resolution, which was read and agreed to, to-wit:
Resolved by the House, the Senate concurring, That a committee of three trom the House and two from the Senate, be appointed to arrange for the address of Hon. N. J. Hammot1d before the General Assembly on Thursday night, August 8th.
By unanimous consent, the following bills were iqtroduced, read the first time, and appropriately referred, to-wit:
By Mr. Hart, of GreeneA bill to authorize the granting of temporary license io
teachers in certain cases. Referred to Committee on Education.

344

JouRNAL l'F THE HousE.

By Mr. Allred, of PickensA bill to provide for the distribution of the public school
fund in this State, and to provide for the manner of selecting public school teachers, etc.
Referred to Committee on Education.

By Mr. Fricks, of FranklinA bill to provide for a drainage law in the county of
Franklin, and for other purposes. Referred to Committee on Special Judiciary.

By Mr. Bates, of MurrayA bill to appropriate the sum of two hundred dollars to
James W. Woods for the pursuit and arrest of Pink Pettet. Referred to Committee on Appropriations.

By Mr. Johnson, of ClinchA bill to repeal section 4527 of the Code of 1882, and to
provide a new section in lieu thereof. Referred to Committee on General Judiciary.

By Mr. We~t, of HabershamA bill to incorporate the Street Railroad of Clarkesville,
Ga. R~ferred to Committee on Railroads.

By Mr. Park, of GreeneA bill to amend the charter of the city of Greenesboro,
and for other purpose~.

By request, Senate Bill No. 145 was recommitted to

Committee on General Judiciary.

.

By unanimous consent, House Bill No. 20 was made the special order for Wednesday, August 14, 1889, immediately after the reading of the Journal.

The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

THURSDAY, AUGUST 8, 1889.

345

ATLANTA, GEORGIA,
Thursday, August 8, 1889.
The House met pursuant to adjournment ; called to order by Hon. Ma~tin V. Calvin, Speaker pro tem., and opened with prayer by the Chaplain.
By unanimous consent, the roll call was dispensed with.
Mr. Atkinson, of Columbia, of the Committee on Journals, ret-'orted that the Journal had been exawined and approved.
The Journal was then read and confirmed.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration 0f House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Davis, of Burke, in the chair.
Mr. Davis, of Burke, chairman of the Committee of the Whole House, submitted the following report:

Jlr. Speaker:
The Committee of the Whole House have had under consideration House Bill No. 65, which they instruct me to report progress, and ask leave to set again, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Hill, of Meriwether, chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaket:
The Committee on Counties and County Matters have had under consideration the following bill of the House, which they instruct me to report back, with the recommendation that it do pass, as amended, to-wit:
A bill to amend an act, approved February 20, 1873, ere-

346

JouRNAL oF THE Hot;SE.

ating a Board of County Commissioners of Roads and Revenues for the counties ot Camden, Thomas and Echols, so as to have the Commissioners of Thomas county elected by the grand jury.
The committee have also had under considemtion the following bills, which they report back, with the recommendation that they do not pass, to-wit :
A bill to repeal an act to change the manner ot granting license for the sale of spirituous liquors, as contained in section 1419 of the Code of the State, as amended, by the act, approved December 22, 1884, and for other purposes, so far as Madison co.unty is coneerned.
Also, a bill to amend section 1455 of the Code of the State, so as to except Madison county from its provisions, in so far as elections by Districts are concerned, and to provide that the election as to fence or stock law, when held in MadiBon county, shall be held in the entire county.
Respectfully submitted. H. W. HILL, Chairman.
Mr. Fleming, of Richmond, offered the followmg resolution, 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 confer with the lessees of the Western and Atlantic Railroad, upon the equities claimed by them, and to receive from said lessees any proposition relating thereto, that they may desire to submit, and that said committee shall report such matters back to the General Assembly at the earliest practicable day.
Mr. Jones, of Baker, moved to table the resolution.
Pending the motion to table, Mr. Fonte, of Bartow, moved to adjourn, which motion prevailed.
Leave of absence was granted to the following members, to-wit: Messrs. McCook, Jenkins of Harris, Allred, Latham, Mcinnis and Coggins.
The House then adjourned until to-morrow morning at 9 o'clock.

FRIDAY, AUGUST &, 1889.

347

ATLANTA, GEORGIA,

/

Friday, August 9, 1889.

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

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

Those present were Messrs.-

Albritton,

Gunter,.

Mitchell of Pike,

Alderman,

Hardeman.

Mitchell of Spaldin2:,

Alexander,

Hardage,

Mobley,

Arnold,

Hall,

Montgomery,

Atkinson of Butts, Halliday,

}forgan,

Atkinson of Columbia, Ham,

Morris,

Atkinson of Coweta, Hand,

.Murray,

Bates,

Harper,

Mustin,

B!!ll,

Harrell of Decatur, Olive,

Berner,

Harris,

Oliver,

Boon~,

Hart.

O'Neil,

Brady,

Heery,

Park,

Brewton,

Herrington,

Patterson,

Brown,

Hill of Meriwether, Peacock,

Buxton,

Hill of Wilkes,

Postell,

Callaway,

Hobbs,

Rankin,

Calvin,

Holtzclaw,

Rawls,

Campbell,

Holden,

Reid,

Candler,

Hooks,

Reilly,

Carithers.

Hood,

Speer.

Carlton,

Howell,

Simmons,

Champion,

Humphreys of Brooks, Sims of Lincoln,

Chew.

Humphries of Screven, Sims of Wilkes,

Church,

Huey,

Singleton,

Clark.

Huff,

Skelton,

Clements,

Hyers,

Smith of Calhoun,

Clifton,

Jenkins of Johnson, Smith of Decatur,

Coggins.

Johnston of Campbell, Smith of Gwinnett,

Collier,

Johnson of Crawford, Smith of Wilkinson,

Crenshaw,

Johnson of DeKalb, Snead,

Crowder,

Johnson of Floyd,

Snelson,

Daniel,

Johnson of Jones,

Stokes,

Davie,

.Johnson of Clinch, Tanner,

Davis of Burke,

Jones of Baker,

Tatum,

Davis ot Elbert,

.Jones of Chattooga, Taylor,

DeLacy,

.Jones of Coweta,

Thurman,

348

JOURNAL OF THE HousE.

Dennard, Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Frieks, Gallaway, Gamble, Gilbert, Glenn, Goodman, Gordon, Griffin,

Kimble, Kendrick, King, Kitchens. Lamar. Lang, Latham, Lawson, Lewis, Lolley, :Mathews, .Maxwell, McArthur, .McDonald, :McDaniel, :McCalla, Mcintyre, Mciver, Means,

Tigner, Turner, Tyson. Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, :Mr. Speaker.

Those absent were Messrs.-

Allred, Arnheim, Bush, Gholston,

Harrell of Webster, Jenkins of Harris, Knight, )lcCook,

)lclnnis, Perry, Tarver.

Mr. Harper, chairman of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Gholston, Knight, Bmh, Duggan, West, Mitchell of Spalding, Albritton, Gamble, O'Neil, Stokes, Reilly, Atkinson of Columbia, Francis, Goodman and Ham.

By request, House Bill No. 372 was recommitted to the Committee on Ways and Means.

By unanimous consent, House Bill No. 126 was made the special order for August 28th, immediately after the reading of the Journal.
Mr. Harrell, of Decatur, chairman of the Committee on Banks, submitted the following report:

Mr. 8peaker:

The Committee on Banks have had under consideration

FRIDAY, AUGUST 9, 1889.

349

the following bills of the House, which they instruct me to report back to the House, with the recommendation that they do pass as amended, to-wit :
An act to incorporate the Bank of Vienna.
Also, a bill to be entitled an act, approved February 17, 1877, entitled an act to incorporate the Merchants' .Bank of Macon, so as to declare the liability of the stockholders thereof.
They have all'lo had under consideration the following bill of the House, which they instruct me to report back to the House, with the recommendation that it do pass by substitute, to-wit :
A bill to incorporate the Brooks County Alliance Warehouse and Banking Company, and for other purposes.
They have also had under consideration the following hill ot the Senate, which they instruct me to report back to the HomJe, with the recommendation that it do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Union Savings Bank and Trust Company; to give certain powers to the same, and for ot!:ter purposes therewith connected.
Respectfully submitted. J. D. HARRELL, Chairman.
Mr. Lawson, chairman of the Committee on Corporations, submitterl the following report:

Mr. Speaker:
The Committee on Corporations have had under consideration the following House and Senate bills, which they recommend do pass, to-wit :
House Bill No. 644, to amend, codify, revise and supercede the several acts to incorporate the town of Thomasville.
Also, Bill No. 733, to incorporate the Union Real Estate Trust Company.

350

JouRNAL oF THE HousE.

Also, Bill No. n5, to change the line of the corporate limits of the town of Waynesboro, in Ware county.
AlRo, Bill No. 757, to ratify and amend an act entitled an act to repeal an act, approved January 26, 1850, and for other purposes.
Also, Senate bill No. 109, to incorporate the town of Hartow, and for other purposes.
Also, Bill No. 1:14, to incorporate the town of Lumber City, and for other purposes.
Also, Bill No. 166, to amend the charter of the city of Milledgeville.
Also, Bill No. 150, to authorize and establish a system of sewerage and drainage in and around the city of \Yaycross, and for other purposes.
Also, House Bill No. 396, to incorporate the town of Dupont as the city of Dupont, and for other purposes, which they recommend do pass by substitute herewith submitted.
Respectfully submitted. THos. G. LAWSON, Chairman protem.
Mr. Brady, chairman of the Co~mittee on Agriculture, submitted the following report:

Mr. Speaker :
The Committee on Agriculture have had under consideration the following Senate bills, which they instruct me to report back to the House, with a recommendation that they do pass, to-wit :
A bill to be entitled an act to prohibit the sale of seed cotton in the county of Baldwin and the county of Harris, from the 15th of August to the 15th of December, of each, and to provide penalties for a violation of the same.
Respectfully submitted. W. BRADY, Chairman.

FRIDAY, AuGUST 9, 1889.

351

l\'Ir. Felton, chairman of the Committee on Lunatic Asylum, submitted the following report:

Mr. Speaker:

The Committee on Lunatic Asylum have had under consideration the following bill, which they direct me to report back to the House, with the recommendation that the same do pass, to-wit:
SenatP Bill No. 71, to be entitled an act to authorize and empower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right-of-way, depot and other privileges, and for other purposes.
Respectfully submitted. W. H. FELTON, Chairman.

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

Jfr. Speaker :

The Committee on Temperance have had under consideration the follO\ving Senate bill, which they recommend do pass, to-wit:
A bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within threP miles of Ebenezer Baptist Church, in Gwinnett county, and for other purposes.
Also, the following bill, which they recommend do pass, ' to-wit:

A bill to prevent the sale of alcoholic or spirituous liquors within five miles of the Male and Female Institute, situated in the town of Fort Valley, and for other purposes.

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

A bill to be entitled an act to prohibit the sale ofalcoholic,

spirituous or malt liquors, or other intoxicants, outsirle of

incorporated towns and cities in this State, and for other

purposes.

Respectfully submitted.

A. M. FoUTE, Chairman.

352

JouR~AL OF THE HousE.

Mr. Gilbert, of Muscogee, offered the following resolution, which was, upon motion of Mr. Johnson, of Campbell, tabled, to-wit:
A resolution tendering the Ufle of the hall of the House of Representatives to the Democratic League of Atlanta for a public meeting 011 Wednesday evening next.
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 0, to-wit:
A bill to amend the charter of Griffin, and the various acts amendatory thereof. Also, to repeal a portion of the act of the Legislature, approved October 13, 1887, amending the charter of Griffin, so that the Mayor and Council shall be authorized to levy a tax of one-fourth of one per cent. upon all property, real and personal, etc.
The following Senate bill was, by unanimous consent, read the second time, to-wit:
A bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within three miles of Ebenezer Baptist Church, in Gwinnett county, etc.
Upon motion of Mr. Rankin, of Gordon, the further consideration of House Bill No. 65, was dispensed with until Monday morning next, when the same shall be the special order immediately after the reading of the Journal, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
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 by substitute, as amended, was agreed to, and the bill passed by substitute, as amended, hy the requisite constitutional majority, yeas -, nays -, to-wit:
A bill to regulate the catching or tonging of oysters, and to protect oysters on the coast of Georgia.

FRIDAY, AUGUST 9, 1889.

353

The bill was ordered to be immediately transmitted to the Senate.
By request of the Committee on Railroads, fifty copies of bill known as the Olive bill, was ordered printed for the use of said committee.
Upon motion of Mr. Smith, of Gwinnett, the resolution tendering the use of the Hall of the House of Representatives to the Democratic League of Atlanta, was taken from the table.
Mr. Smith, of Gwinnett, moved its adoption. Upon this motion Mr. Gamble called the previous question,wbicb call was sustained, and the main question ordered. The motion of Mr. Smith prevailed, and the resolution was adopted.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
The Senate bas concurred in the House amendments to the following bill of the Senate, to-wit:
A bill to incorporate the Collins Belt Railroad Company.
The Senate has concurred in the following resolution of the Honse, to-wit :
A resolution inviting Hon. N. J. Hammond to address the General Assembly next Thursday at 8 o'clock, p. m.
The Senate has passed the following Senate bills by the requisite constitutional majorities, to-wit:
A bill to prescribe and fi:x: a penalty upon all railroad companies in this State which fails to pay their tax by the first day of October in each year; yeas 30, nays 0.
Also, a bill to incorporate the Georgia Security and Banking Company; yeas 25, nays 0.
Also, a bill to prohibit the sale of intoxicating liquors 23

354

.JouRNAL OF THE HousE.

within three miles of Mount Bethel Methodist Church, in Banks county, Ga.; yeas 27, nays 0.
Also, a bill to abolish the County Court of Laurens county;
yeas 28, nays 0.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Liberty Presbyterian Church; yeas 29, nays 0.
Also, a bill to alter and amend the charter of the city of Cartersville, in Bartow county, Ga.; yeas 26, nays 0.
Also, a bill to fix and prescribe how many of the Journals of each branch of the General Assembly shall be printed, and to regulate the distribution of the same.
The Senate has passed, as ame~ded, the following bill of the House by the requisite constitutional majority, to-wit:
A bill creating a system of public schools for the city of Forsyth.
The Senate has also passed the following hili of the House, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of Nails Creek Baptist Church, in Banks county; yeas 31, nays 0.
The Senate has also passed, by substitute, the following resolution of the House, by the requisite con'ltitutional majority, to-wit:
A resolution for the relief of Jeff Bell, r.f Cherokee county.
The Senate has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to incorporate the Savings Bank of Griffin; yeas 30, nays 0.
1\.lso,a bill to prohibit the sale of intoxicating liquors by the gallon or larger quantities, in the county of Harris ; yeas 33, nays 0.
Also, a bill to incorporate the town of Lor~tt, in the

FRIDAY, AUGUS'l 9, 1889.

355

county of Laurens, and for other purposes; yeas 29, nays 0.
The Senate has also passed the following bills of the House by the requisite constitutional majoritv, to-wit:
A bill to appropriate the sum of fifteen thousand dollars for the erection of a dormitory at the Academy for the Blind in Macon; yeas 30, nays 0.
Also, a bill to incorporate the American Loan and Banking Company; yeas 25, nays 0.
Also, a bill to prevent the running at large in the 749th District, G. M., of Clay county, of stock of all kinds; yeas 27, nayso.
Mr. Berner, chairman of the Committee on General Judiciary, submitted thP following report:

Mr. Speaker:
The Committee on General Judiciary have had under consideration the following bill, which they request me to report back to the House, with the recommendation that it be referred to the Committee on Public Printing, to-wit:
A bill to require all laws to be published one time in every county in the State, and to provide payment for the same.
Also, the following bill, with the recommendation that the author be allowed to withdraw the same, to-wit:
A bill to amend paragraph 2, section 18, article 6 of the Constitution, and to provide for the submission of same.
Respectfully submitted. R. L. BERNER, Chairman.
By request, HousP Bill No. 573 was withdrawn.
Upon motion of Mr. Brady, of Sumter, House Bill No. 12 was made the special order for Thursday, the 15th instant, to-wit :
A bill to provide for pleading and proving a failure of consideration to notes given tor guano, etc.
Mr. <?live arose to. a question of personal privilege.



Jot:R.XAL oF THE HousE.

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

By. Mr. Harrell, of WebsterA bill to make provisions to utilize the lands belonging
to the State in and around the Okefenokee Swamp. Referred to Committee on Ways and Means.

Also, a bill to repeal dnd declare null and void all laws now of force in this State, authorizing or allowing the entry, grant or obtaining titles to lands belonging to the State, under the system known as "Headrights."
Referred to Committee on Ways and :\leans.

By ~Ir. J;..awson, ot PutnamA bill to incorporate the Eatonton and Machen Railroad
Company, and for other purposes. Referred to Committee on Railroads.

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

the committee, w~ich 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 to amend the charter of the town of Hawkinsville.

By Mr. Maxwell, of TalbotA bill for the relief of William M. Pritchet, of Talbot
county. Referred to Committee on Appropriations.

By Mr. Atkin,.;on, of ButtsA bill to incorporate the town of Jenkinsburg, in Butts
county, etc. Referred to Committee on Corporations.

Py ~Ir. Mel Vel', of LibertyA bill to incorporate the Supreme Grand Lodge Chief
Order Knights of Honor of the 'Vorl(l. Referred to Committee on Corporations.

By request, House Bill No. 207, was taken from the table and placed upon the calendar.

FRIDAY, AunusT 9, 1889.

357

By unanimous eonsent, the following bills we1e read the second time, to-wit:
A bill to establish a system of public schools for the city of Fort Valley, etc.
Also, a bill to establish a public school system for the town of Perry, etc.
By unanimous consent, the following bills were introtroduced, read the first time, and referred, to-wit:
By Mr. Davif>, of ElbertA bill to amend section 936 of the Code, etc. Referred to Committee on Appmpriations.
By Mr. Murray, of SchleyA bill to require the owners of ho1ses, mules, cows, hogs,
sheep, goats and stock of all kinds to prevent the same from running at large upon the lands of anQther, whether enclosed or unenclosed, in the 785th District, G. M., in Schley county, etc.
Referred to Committee on Counties and County Matters.
By Mr. Dugger, of FanninA bill to incorporate the town of Mineral Bluff, in Fan-
nin county, Georgia, etc. Referred to Committee on Corporations.
By Mr. .McDonald, of WareA bill to authorize the Ordinaries of the counties of Ware
and Clinch to have the line between the two counties plainly marked, etc.
Refel'fed to Committee on Counties and County Matters.
By Mr. Tatum, of DadeA resoiution to establish a lunch and refreshment stand
in the basement of the Capitol. Referred to Committee on Appropriations.
By Mr. DeLacy, of DodgeA bill to amend an act to incorporate the Empire and
Dublin Railroad Company. Referred to Committee on Railroads.

358

JouRNAL oF THE HousE.

By Mr. Holtzclaw, of HoustonA bill to regulate the transportation of watermelons,
fruits and vegetables by the railroads of this State, etc. Referred to Committee on Railroads.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report :

Mr. Speaker :
The Committee on Railroads have had under considera-. tion the following bill, which it reports back, with the recommendation that it do pass, as amended, to-wit:
A bill to incorporate the Eatonton and Machen Railroad Company, and for other purposes.
Respectfully submitted. CLARK HowELL, Chairman.
The following message was received from His Excel-
lency, the Governor, through Mr. ,V. H. Harrison, Clerk
of the Executive Department:

J!JJ-. 6peaker:
The Governor has approved and signed the following acts and resolutions of the General Assembly, to-wit:
An act to require the owners of all horses, mules, cows, sheep, goats, hogs and stock of every description to keep the same from running at large upon the lands of another, within the 105th and 115th Militia Districts, in Baldwin county, and for other purposes.
Also, an act to incorporate the Georgia Loan, Savings and Banking Company.
Also, an act to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of DeKalb county, for total loss of sight under act, approved October 24, 1887.
Also, an act to incorporate the Fort Payne and Eastern Railroad Company.
Also, an act to reduce the bond of the Sheriff of Baker county.

FRIDAY, AUGUST 9, 1889.

359

Also, a resolution to authorize the payment of the undrawn balance of the State School Commissioner's salary for the fourth quarter of 1887.

Also, an act to incorporate the American Loan and Banking Company.

By unanimous consent, House Bill No..j69 was taken up for a third reading; as the bill provided for an appropriation, the House resolved itself into a Committee of the Whole. Mr. Hart, of Greene, in the chair.

Mr. Hart, chairman of the Committee of the Whole House, submitted the following report:

Mr. Speake1:

The Committee of the Whole House have had under consideration House Bill No. .569, which they instruct me, as their chairman, to report back, with the recommendation that the same do pass by substitute, to-wit:

A bill to provide a method for tne choice of Trustees of the State U niver::;ity; to confer authority upon the same, etc.

The 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 it was necessary that the vote should be taken by yeas and nays as the same contained an appropriation.

Upon the call of the roll of the Hou::;e, the vote was as follows:

Those voting in the affirmative were Messrs.--

Arnold,

Griffin,

Atkinson of Butts,

Gunter,

Atkinson of Columbia, Hardeman,

At}:inson of Coweta, Hardage,

Bates,

Hall,

Berner,

Halliday,

Boone,

Hanel,

Brady,

Harper,

B.rewton,

Harrell of Decatur,

Brown,

HarriR,

Buxton,

Hart,

::\IcDonald, ::\IcDaniel,
~IcCalla,
:\Iclntyre, Means, Mitchell of Pike, Mitchell of Spalding, :\Iobley, Montgomery, Morgan, :\Inrray,

360

JouRNAL oF THE HousE.

Calvin, Campbell, Carlton, Chureh, Clark, Clement:;, Clifton, Collier, Crenshaw, Crowder, Daniel, Davis of Burke, Davis of Elbert, Dodgen, Duggan, Dugger, Fain, Felton, Fleming. Flynt, Foute, Francis, Fricks, Gallaway, Gamble, Gilbert, Glenn, Gordon,

Herrington,

)'lu>tin.

Hill of :Meriwether, OliYe,

Hill of Wilkes,

()Jiyer,

Hobbs,

O'.N eill,

Holtzclaw,

Park,

Hood,

Peac-ock.

Howell,

Rankin,

Humphreys of Brooks, Rawls,

Humphreys of Screven, Reid,

Huey,

Sims of Lincoln,

Huff,

Singleton,

Johnston of Campbell, Skelton,

Johnson of Crawford, Smith of Gwinnett,

Johnson ofDeKalb. Snead,

Johnson of Floyd.

Tanner,

Johnson of Jones,

Tigner,

Johnson of Clinch,

Turn.,r,

Jones of Chattooga, Twitty.

Kimble,

Tuck,

Kendrick,

Veazey,

Lamar,

Yenable,

Lang,

vYalker,

Law~on,

Ward,

Lewis,

'Varren,

Lofley.

Whitaker,

}lax well,

Williams of Upson,

}leArthur,

Wright.

Those voting in the negative were Messrs.-

Patterson, Snelson,

Tatum,

Those not voting were Messrs.-'-

Albritton, Alderman, Allred, Alexander, Arnheim, Bell, Bush, Callaway, Candler, Carithers, Champion, Chew, Coggins,

Ham, Harrell of Webster, Heery, Holden, Hooks, Hyers, Jenkins of Harris, Jenkim of Johnson, Jones of Baker, Jones of Coweta, King, Kitchens, Knight.

Taylor.
Perry, Postell, Reilly, Speer, Simmons, Sims of Wilkes, Smith of Calhoun, Smith of Decatur, Smith of Wilkinson, Stokes, Taryer, Thurman, Tyson,

FRIDAY, AUGUST 9, 1889.

361

Davie, DeLacy, Dennard, Frazer, Gholston, Goodman.

Latham, .Mathews, l\leCook, .Mcinnis,
~l<"lYer,
Morris,

Vandever, West, Williams of Appling, Williams of Telfair, 1\ir. Speaker.

Yeas 115. Nays 4. Not voting, 56.

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

A bill to provide a method for the choice of Trustees of the State University ; to confer authority upon the same, and for other purposes.

By unanimous consent, the following resolution was taken from the table, and the same agreed to, as amended, to-wit:

A resolution authorizing the committee, provided for by joint resolution No. 30, to sit during the recess of the General Assembly, etc.

By request, House Bill No. 526 was recommitted to the Committee on General Judiciary.

By request, House Bill No. 694 w.as recommitted to the Committee on Ways and Means.

By nquest, House Bill No. 351 was withdrawn.

House Bill No. 465 was, by request, recommitted to the Committee on Railroads.

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

By Mr. McCarty, of the 33rd DistrictA bill to prohibit the manufacture, sale or delivery of
any spirituous, malt or vinous liquors within three miles of Mount Bethel Methodist Church in Banks county Georgia.
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 92, nays 14, to-wit:

362

JouRNAL oF THE HousE.

A bill to invest Milton Hitch, a minor of the county of Brooks, with all the rights and privileges of an adult; that is to say, the right to sue and be sued, to centract with as full and ample a manner as any person of the age of 21 years.
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 102, nays 9, to-wit:
A bill to amend sections 2783 and 2783 (a) of the Code, so as to include among the public holidays the 19th of January, etc.
By unanimous consent, 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 96, nays 0, to-wit:
A bill to incorporate the South Georgia Bank of Waycross.
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 89, nays 6, to-wit:
A bill to provide that all executions for taxes due the State, or any county thereof~ or municipal corporations therein, shall bear interest at the legal rate from the time fixed by law for issuing the same.
Mr. Hill, of Meriwether, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Cpunties and County Matters haVf~ 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 prevent the running at large upon the lands of

FRIDAY, AU<HJST 9, 181:l9.

363

another in the 431st District, G. M., of Clay county, Geor~ia, of all horses, cattle, etc., and for other purposes.

The Committee on Counties and Count){ Matters have had under consideration the following bills, which they instruct me to report back, with the recommendation that the authors be allowed to withdraw them, to-wit:

A bill to authorize T. K. Chapman to erect and maintain gates across the Seven Island road in Hall county. .

Also, a bill to authorize D. Whelchel and A. W. Pass

to erect gates across lane road of Hall county.

Respectfully submitted.

H. W. HILL, Chairman.

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

J11. Speaker :

The Committee on Military Affairs 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 organize and incorporate a regimer.t of cavalry, to be called the First Regiment of Georgia Cavalry, and
for other purposes. Respectfully submitted. PETER REILLY, Chairman.

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

11-fr. Speaker:
The Committee on Appropriations have had under consideration the following resolution, which they have instructed me to report back to the House, with a recommendation that it do not pass, to-wit :
A resolution to pay to Rev. N. Smith money for services rendered as Chaplain of the convict camp, in Oglethorpe county.
Respectfully submitted. WILLIAM \V. GoRDON, Chairman.

364

JouRXAL oF THE HovsE.

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

M1. 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 American Loan and Banking Company.
Also, an act to prevent the running at large, in the 749th District, G. M., of Clay county, of all horses, mules, asses, cattle, sheep, goats and swine, etc.
Respectfully submitted. IvY \V. DuGGA.S, Chairman.
Mr. Duggan, chairman of the C::ommittee 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 act, to-wit :
An act to incorporate the American Loan and Banking Company.
Respectfully submitted. lYY \V. DuGGAX, Chairman.
The following bill was read the third time; the report ot the committee was agreed to; the proper legal proofs were exhibited, and the hill passed by the requisite constitutional majority, yeas 91, nays 0, to-wit:
A bill to prohibit cock-fighting, or betting thereon, and to prescribe a punishment for the same.
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 requisite constitutional majority, yeas 89, nays 0, to-wit :

FRIDAY, AUGUST 9, 1889.

365

A bill to amend section 549 of the Code of 1882.

The following bill was read the third time; the report of the committee was agreed ~o. Upon the passage of the bill M 1. Berner called for the yeas and' nay,., which call was sustained.

U pun the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were .Messrs.-

Alderman,

Hall,

:mtchell of Pike,

Alexander,

Halliday.

)lustin,

Arnold,

Hanel,

Olhe,

Atkinson of Butts,

Harper,

Oliver.

Atkinson of Columbia, Harrell of Decatur, O'Xeil,

Atkinson of Coweta, Harris,

Park.

Bates,

Hart,

Patterson,

Berner,

Hill of llferiwether, Peacock,

Boone,

Hobbs,

Postell,

Buxton,

Holtzclaw,

Rankin,

Callaway,

Hood.

Reilly,

Calvin,

Howell,

8peer,

Candler.

Humphreys of Brooks, Sims of Lincoln,

Chur<"h,

Huff,

8ingleton,

Clements,

Hyers,

Smith of Calhoun,

Clifton,

.Johnson of Crawford, Smith of Gwinnett,

Crenshaw,

.Johnson of DeKalb, Smith of Wilkinson,

Crowder,

.Johnson of Jones,

Stokes,

Daniel,

.Johusou of Clinch,

Taylor,

Davis of Burke,

Jones of Chattooga, Thurman,

Dodgen,

.Jones of Coweta,

Turner,

Duggan,

Kimble,

Tyson,

Dugger

Kendrick,

Twitty,

Felton,

King,

Tuck,

Fleming,

Lamar,

Vandever,

Flynt,

Lawson,

Veazey,

Foute,

Lewis,

'Valker,

Francis,

)lax well.

~Ward,

Fricks,

)lcArthur,

'Varren,

Gallaway,

)lcDonald,

'Vhitaker,

Gordon,

)lcDaniel,

Williams of Appling,

Gunter,

)lcCalla,

~Williams of Telfair,

Hardeman,

)lclntyre,

~Williams of Upson,

Hardage,

){pans,

Wright.

'366

JouRNAL OF THE HousE.

Those voting in the negative were Me~srs.-

Brady,

.Jenkins of .Johnson,

Carlton,

Montgomery,

Humphries of Screven,

Morris, Murray.

Those not voting were Messrs.-

Albritton, Allred, Arnheim. Bell, Brewton, Brown. Bush. Campbell. Carithers, Champion, Chew, Clark, Coggins. Collier, DaYie,. DaYis of Elbert. DeLacy, Dennard.. Fain, Frazer. Gamble, Gholston,

Gilbert,

::\IcCook,

Glenn,

1\iclnnis,

11oodman,

MclYer,

Griffin,

Mitchell of Spalding,

Ham,

.Mobley,

Harrell of Webster, Morgan,

Heery.

Perry.

Herriugton,

Rawls,

Hill of wilkes,

Reid,

Holden,

Sinll110lls,

Hooks,

Sims of wilkes,

Hucy.

Skeltou,

Jenkins of Harris,

Smith of Decatur.

Johnston of Campbell, Snead,

.Johnson of Floyd,

Snelson,

Jones of Baker,

Tannq.

Kitchens,

Tnner,

Knight,

Tntum,

Lang.

Tigner.

Latham,

Venable,

Lofley.

'\Y est,

~fa t h e w s ,

Mr. Speaker.

Yeas 102. Nays 7. Not voting, 66.

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

A bill to provide for the publication of presentments when recommended by the Grand Jury.

By request, House Bill No. 358 was withdrawn from the Committee on Special Judiciary, and recommitted to Committee on Appropriations.

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

SATURDAY, AunusT 10, 1889.

367

ATLANTA, GEORGIA,
Saturday. August 10, 1889.
The House met pursnant to adjournment; called to order by the Speaker, and opened with prayer by Rev. Mr. Maxwell.
By unanimous consent, the roll call was dispensed with.
Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
Leave of absence was granted to the following members, to-wit : Messrs. Smith of Gwinnett, Clements, McDaniel, Crenshaw, Holden, Davis of Elbert, Mathews, King, Postell.
By unanimous consent, the following resolution were introduced, read the first time, and referred to the Committee on Appropriations, to-wit:
By Mr. McArthur, of Montgom'CryA resolution to place the pictures of distinguished men
now in the old Capitol in the new Capitol, and to add to them the picture of Governor John Milledge.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. McDonald, of WareA bill to amend section 4372 of the Code of 1882, etc. Referred to Committee on General Judiciary.
By Mr. Calvin, of RichmondA bill to appropriate to the Georgia State Agricultural
Society, through the Department of Agriculture, annually, the Rum of five thousand dollars, etc.
Referred to Committee on Agriculture.
By Mr. Herrington, of EmanuelA bill to incorporate the town of Stillmore, in the county
of Emanuel, etc. Referred to Committee on Corporations.

368

JOURNAL OF THE HOUSE.

By Mr. Jones, of CowetaA bill to amend an act to incorporate the town of More-
land, in the county of Coweta. Reterred to Committee on Corporation~.
By Mr. Thurman, of WalkerA bill to alter and amend the road laws of the State, so
far as they relate to the county of Walker, etc. Referred to Commi~tee on Counties and County Matters.
By Mr. Hardeman, of BibbA bill for the relief of the Floyd Rifles and their secu-
rities, on a bond given the State in 1873. Referred to Committee on Appropriations.
By Mr. Dennard, of WilcoxA bill to make an appropriation to pay Lawson Smith,
in Wilcox county, for an artificial leg, under an act approved December 4, 1866, et0.
Referred to Committee on Appropriations.
By Mr. Jones, of Coweta......:. A bill to authorize Newnan Cotton Mills, of Newnan, to
do a general banking business, etc. Referred to Committee on Banks.
By Mr. Lamar, of RichmondA bill to provide for the improvement of the grounds
around the Capitol building ; to appropriate funds therefor, etc.
Referred to Committee on Appropriations.
By Mr. Hood, of JacksonA bill to prohibit stock drovers or others from allowing
horses, hogs, sheep, and other like animals, from trespassing upon the fields, crop or crops of another, in the county of Jackson, etc.
Referred to Committee on Special Judiciary.
By Mr. Dugger, of FanninA bill to authorize George V. Cochran to peddle without
license in the county of .Fannin. Referred to Committee on Appropriations.

SATURDAY, AUGUST 10, 1889.

369'

By Mr. Veazey, of WarrenA bill to amend section 11 of an act to incorpmat{l the
town of Warrenton, in Warren county. Referred to Committee on Corporations.
A Iso, a bill to amend section 11 of an act to incorporate the town of Warrenton, in Warren county, and to provide for an election of Commissioners for the same, and for other purposes, approved August 23, 1872.
Referred to Committee on Corporations.
By. Mr. Whitaker, of TroupA bill to exempt fmm levy and sale, provisions, farm im-
plements and lin stock, and fettilizets advanced by a landlord to his tenants, co-cropper, and fium laborers to enable them to make a crop for the calendar year in which they are advanced.
Referred to Committee on General Judiciary.
By Mr_ Berner, of MonroeA bill to incorporate the Albany and Cordele Raiii'Oacl
Company. Referred to Committee on Railroads.
By Mr. Johnson, of FloydA bill to amend an act to ineorpomte the Clwrokee
Wesleyan Institute, located at Cave Spring, de. Referred to Committee on Education.
By Mr. Tyson, of McintoshA bill to amend section 94:~ (a) of the Code of 18H2. Referred to Committee ou Geueral Judiciary.
Mr. Olive, chairman ot the Committee on Special .Judiciary, submitted the fi>llowing report:

Mr. Speaker:
The Committee on Sprcial .Judiciary have had under consideration the following House hi lis, which they insttuct me to report back, with the tecommendation that tfiey do pass, to-wit :
24

370

JouR~AL oF THE HousE.

A_ bill to be entitled an act to prohibit the hunting and fishing upon lands of another, etc.
Also, a bill to be entitled an act to provide for the payment of insolvent criminal costs of the Clerk ancl Sheriffs of the Superior Court of Columbia county, etc.
Also, a bill to be entitled an act to repeal an act entitled an act, to change the time of holding the Court of Ordinary of Screven county, etc.
Also, a bill to be e,ntitled an act to pmvide for the registration of voters in the county of Clarke, etc.
Also, a bill to be entitled an act to provide fo1 a drainage system for the county of Franklin, etc.
Also, the following bills, which they instruct me to report back, with the !'('commendation that they do pass, as amended, to-wit :
A bill to be entitled an act to amend an act entitled an act, to provide compensation for all managers and clerks of general and special elections held in McDuffie county, etc.
Also, a bill to be entitled an act to prescribe the qualifications of the police officers of the city of Darien.
Also, the following bills, which they instruct me to report back to the House, with the recommendation that they do not pas!', to-wit:
A bill to be entitled an act to allow George W. Cannon to peddle in the State without license.
Also, a bill to be entitled an act to allow D. M. Aaron, a one-arm citizen of Clarke county, to peddle in this State without license.
Also, the following bills, which thPy instmct me to report back to the House, with the recommendation that the author be allowed to withdraw the samP, to-wit:
A bill to bP entitled an act to return to sundry persons certain taxes paid by them to the Comptroller-General for wild lands, etc.

SATURDAY, AuGusT 10, 1889.

371

Also, a bill to be entitled an act to authorize G. W. Nabb and J. R. Comson, citizens of the county of Appling, to peddle without license, etc.
Respectfully submitted. J. T. OLIVE, Chairman.

Mr. Berner, ch.airman 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, with the recommendation that they flo pass, to-wit:
A bill to provide for the amendment of affidavits to foreclose liens, do pass by substitute.
Also, a bill to amend article 3, section 7, paragraph 7, of the Constitution, in regard to the second reading of bills in the House.
Also, the following bill, with the recommendation that it do not pass, to-wit :
A bill to provide the punishment for rape in certain cases.
Also, a resolution to purchase 500 copies of the Van Epps' Digest, do pass by substitute.
Respectfully submitted.
RoBERT L. BER~ER, Chairman.

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

]'rfr. Speaker :
The Committee on Agriculture have had under consideration the following bill, which they instruct mt', as their chairman, to report back to the House, with the recommendation that it do pass, to-wit :
A bill to be entitled an act to prohibit the ..ale of seed

372

JouRNAL oF THE HousE.

cotton in Spalding county from the 15th day of August until the 15th day of December in each and every year.
Respectfully submitted. WRIGHT BRADY, Chairman.

The following House bills were read the second time, towit:

A bill to prevent the hauling, carrying, toting, conveying or otherwise removing seerl cotton at night, etc.

Also, a bill to incorporate the Bank of Vienna.

Also, a bill to incorporate the Catoor-a Railroad Company.

Also, a bill to amend an act to establish a system of pub-

lic schools in the town of Quitman, approved December

26, 1888, etc.



Also, a bill to amend, codify, revise and supersede the several acts incorporating the town of Thomasville.

Also, a bill to provide for the levy of a tax upon the property holders of Emanuel county for educational pur-
poses.

Also, a bill to incorporate the Laborers' Loan and Savings Bank, in the city of Waycross.

Also, a bill to amend the charter of the Rome Railroad Company.

Also, a bill defining t:ust, and providing penalties and punishment of corporations, personr-, firms and associations of persons connected with them, and to promote free competition in the State of Georgia.

Also, a bill to re-incorporate the town of DuPont, etc.

Abo, a bill to prevent the running at large upon the lands of another in the 431st District, G. M., Clay county, of all horses, mules, cows, and stock of all kinds, etc.

Also, a bill to provide for establishing the line between Georgia and Alabama.

Also, a bill to appropriate money to pay the Commis-

SATURDAY, AUGUST 10, 181:!9.

313

sionP-rs, Clerk and Surveyor, appointed under a resolution of the Gemral Assembly of 1887; to make and file an inventory and appraisement and survey of the property known as the Western and Atlantic Railroad.
Also, a bill to prohibit any person or persons, companY. or corporation, from selling any kind of goods, wares or farm products within the State of Georgia, which tends to monopoly, and fixing a penalty, etc.
Also, a bill to prohibit hunting and fishing upon the lands of another within the State of Georgia; to prohibit the destruction of certain birds and wild animals, etc.
Also, a bill to amend an act to provide compensation for all Managers and Clerks of general and special elections held in McDuffie county, approved October 22, 1887.
Also, a bill to provide for a drainage law in the county of Franklin.
Also, a hill to prohibit the sale of alcoholic, spirituous or malt liquors, outside of incorporated towns and cities in this State.
Also, a bill to alter and amend the road laws of this State, so far as relates to the county of Chattooga.
Also, a bill to amend the charte!' of the Macon Savings' Bank.
Also, a bill to amend the charter of the Merchants' Bank of Macon.
Also, a bill to ratify and amend an act to repeal an act, approved January 26, 1850, incorporating the town of Beuna Vista, in the county of Marion.
Also, a bill to incorporate the Brooks County Alliance Warehouse and Banking Company.
Also, a bill to provide for the registration of voters in the Gounty oi Clarke.
Also, a bill to organize and incorporate a regiment of cavalry to be called the :First Regiment of Georgia Cavalry.

37-1

JouRNAL oF THE HousE.

Also, a bill to change the line of the incorporation of the town of Waresboro, in Ware county.
Also, a bill to incorporate the Union Real Estate Trust Company.
Also, a bill to incorporate the Eatonton and Machen Railroad Company, etc.
Also, a bill to repeal an act to change the time of holding the Court of Ordinary of Screven county.
Also, a bill to prevent the sale of intoxicating liquors within five miles of the Male and Female Institute, in the town of Fort Valley.
Also, a bill to amend an act incorporating the Fulton County Street Railroad Company, approved September 17, 1883.
Also, a bill to provide tor the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of the. county of Columbia, etc.
Also, a bill to prohibit the sale of seed cotton in Spalding county, from the 15th day of August until the 15th day of December.
Also, a bill to amend article 3, section 7, paragraph 7, of the Constitution of this State.
Also, a bill to amend an act to provide for the amendment of affidavits to foreclose liens, approved October 5, 1887.
Also, a bill, authorizing the Governor to purchase five hundred copies of Van Epps' Index Digest of the Georgia Reports.
Also, a bill to prescribe the qualifications of police officers of the city of Darien.
Also, a bill to authorize G. W. Nabb and J. R. Coursen, citizens of the county of Appling, to peddle without license.
Also, a bill to allow Geo. W. Cannon, a crippled citizen of Fulton county, to peddle in this State without license.

SATURDAY, AUGUST 10, 1889.

375

Also, a bill to return sundry persons certain taxes by them paid to the Comptroller-General for certain wild land taxfi.jas, transferred to them without authority of law.

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, nay-s 0, to-wit :

A bill to prohibit the manufacture or sale of malt or spirituous liquors within three miles of the Cowen Academy, in Cobb county.

The following Senate bills were read the first time and appropriately referred, to-wit:

By Mr. Williams, of the 25th DistrictA bill to prohibit the sale of spirituous, malt or vinous
liquors by the gallon or larger quantities in the county of Harris, unless the seller shall pay a tax of twenty-five dollars to the county and obtain the written consent of twothirds of the bona fide citizen freeholders within three miles of the locality where the same is sold, and for other purposes.
Referred to Committee on Temperance.

By Mr. Holmes, ofthe 16th DistrictA bill to incorporate the town of Bruton, in the county
of Laurens, etc. Referred to Committee on Corporations.

By Mr. Julian, of the 39th DistrictA resolution authorizing the Governor to sell the old
furniture in the old Capitol building. Referred to Committee on Public Property.

By Mr. Rice, of the 35th District-

.

A bill to incorporate the Georgia Security and Banking

Company. Referred to Committee on Banks.

By Mr. Bartlett, of the 22d DistrictA bill to fix and prescribe how many of the Journals of
each branch of the General Assembly shall be printed,

376

.JouRNAL oF THE HousE.

and the manner in which the same shall be distributed to the various counties of this State, etc.
Referred to Committee on Journals.
By Mr. Bartlett, of the 22d DistrictA bill to prescribe and fix a penalty upon all railroad
companies in this State, which fail to pay to this State the taxes due by such railroad companies, by the first day of October in each year.
Referred to Committee on Railroads.
By Mr. Holmes, of the 16th DistrictA bill to abolish the County Court of Laurens county. Referred to Committee on General Judiciary.
By Mr. Harris, of the 42d DistrictA bill to alter and amend the charter of the city of Car-
tersville, approved August 27, 1872, and the acts amendatory thereof.
Referred to Committee on Corporations.
By Mr. Trammell, of the 43rd DistrictA bill to prohibit the furnishing or sale of spirituous, in-
toxicating or malt liquors, within two miles of Liberty Presbyterian Church and Reeves Station Protestant Methodist Church, in Gordon county.
Referred to Committee on Temperance.
By Mr. Holmes, of the 16th DistrictA bill to incorporate the town of Lovett, in the county
of Laurens, etc. Referred to Committee on Corporations.
The following Senate bills were read the second time, towit:
A "bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company.
Also, a bill to incorporate the town of Lumber City, in in the county of Telfair.
Also, a bill to prohibit the sale of seed cotton in the county of Baldwin and the county of Harris, .from the 15th of August to the 15th of December in each year.

MoNDAY, AuGusT 12, 1889.

377

Also, a bill to authorize and require the registration of all voters in the county of Fulton, etc.
Also, a bill to amend the charter of the city of Milledgeville, etc.
Also, a bill to authorize and empower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right of way, etc.
Also, a bill to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of Waycross, etc.
Also, a bill to incorporate the Artesian City Railroad 'Company.
Also, a bill to incorporate the Merchants Bank of Milledgeville, Georgia.
Also, a bill to incorporate the Wynntou and Columbus Street Railroad Company.
Also, a bill to incorporate the Union Savings Bank and Trust Company.
Also, a bill to incorporate the Richmond County Belt Line Railway Company, etc.
Upon motion, the House then adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, August 12, 1889.

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

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

Those present were Messrs.-

Alderman, Alexander, Arnold,

Hardage, Hall, Halliday,

Means, Mitchell of Pike, Mitchell of Spalding,

378

JouRNAL OF THE HousE.

Atkinson of Butts, Ham,

:Mobley,

Atkinson of Columbia, Hand,

Montgomery,

Atkinson of Coweta, Harper,

Morgan,

Bates,

Harrell of Decatur, Morris,

Bell,

Harris,

Murray,

Berner,

Hart,

Mustin,

Boone,

Heery,

Olive,

Brady,

Herrington,

Oliver,

Brewton,

Hill of Meriwether, O'Neill,

Brown,

Hill of Wilkes,

Park,

Bush,

Hobbs,

Patterson,

Buxton,

Holtzclaw,

Peacock,

Callaway,

Holden,

Perry,

Calvin,

Hood,

Postell,

Campbell

Hooks.

Rankin,

Candler,

Howell,

Rawls,

Carithers,

Humphreys of Brooks, Reid,

Carlton,

Humphries of Screven, Reilly,

Champion,

Huey,

Speer,

Church,

Huff,

Simmons,

Clark,

Hyers,

Sims of Lincoln,

Clements,

Jenkins of Harris,

Sims of Wilkes,

Clifton,

.Jenkins of Johnson, Singleton,

Coggins,

.Johnston of Campbell, Skelton,

Collier,

Johnson of Crawford, Smith of Calhoun,

Crenshaw,

.Johnson of DeKalb, Smith of Decatur,

Crowder,

Johnson of Floyd,

Smith of Gwinnett,

Daniei,

.Johnson of Jones,

Smith of Wilkinson,

Davie,

Johnson of Clinch, Snead,

Davis of Burke,

Jones. of Baker,

Snelson,

Davis of Elbert,

.Jones of Chattooga, Stokes,

DeLacy,

Jones of Coweta,

Tanner,

Dennard,

Kimble,

Tatum,

Dodgen,

Kendrick,

Taylor,

Duggan,

King,

Thurman,

Dugger,

Kitchens,

Tigner,

Fain,

Knight,

Turner,

Felton,

Lamar,

Tyson,

Fleming,

Lang,

Twitty,

Flynt,

Latham,

Tuck.

Foute,

Lawson,

Vandever,

Francis,

Lewis,

Veazey,

Frazer,

Lolley,

Venable.

Fricks,

:Uathews,

Walker,

Gamble,

}[ax well,

Ward,

Gholston,

McArthur,

Warren,

Gilbert,

McDonald,

West,

MoNDAY, AuGUST 12, 1889.

379

Glenn, Goodman, Gordon, Griffin, Gunter, Hardeman,

:McDaniel, :McCalla, :McCook, ::\Icinms, Mcintyre, .Mciver,

Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, l\fr. Speaker.

Those absent were Messrs.-

Albritton, Allred, Arnheim,

Chew, Gallaway,

Harrell of W ehster, Tarver.

Mr. Thurman, of the Committee on Journals, reported

that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Coggins, Reilly, O'Neil, Davis of Elbert, Galloway, Postell and Holtzclaw.

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

Resolved, That the tax payers of each county of the State are hereby requested to demand of their respective representatives to show cause why they did not vote for the Snelson resolution, restricting the pay of members to the time they are in session.

By unanimous 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 101, nays 0, to-wit:

A bill to incorporate the Eatonton and Machen Railroad Company, etc.
The bill was, upon motion of Mr. Reid, ordered to be immediately transmitted to the Senate.
The following bill was taken up, by unanimous consent, and the same 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 109, nays 0, to-wit:

A bill to incorporate the Bank of Vienna, etc.

380

JouRNAL OF THE HousE.

The bill, upon motion of Mr. Collier, was ordered to be immediately transmitted to the Senate.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consi?eration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, chairman of the Committee of the Whole HousP, submitted the following report:

Jfr. Spertker:
The Committee of the whole House have had under consideration House Bill No. 65, which they instruct me, as their chairman, to report progress, and ask leave to sit again, to-wit:
. A bill to provide for the lease of the Western and Atlantic Railroad.
By unanimous consent, House Bill No. 435 was taken from the table, and placed upon the calendar.
By unanimous consent, the following bill was read the third time; the report of the committee was ageed to; the proper lt>gal 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 intoxicating liquo1s within two miles of Jerusalem Church, in Fannin county.
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 94, nays O, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of Mineral Blufl' Academy, in Fannin county.
TJ1e following bill was, by unanimous consent, read the third time; the report of the committee was agreed to; the

MoNDAY, AuousT 12, 1889.

381

proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 95, nays 0, towit:
A bill to repeal the present road laws, so far as relates to the county of Chattooga.
By unanimous consent, the following bill was read the _ third time; the report of the committee was agreed to, as amended ; the pmper 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, approved February 20, 1873,. creating a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so as to have the Commissiomrs of Thomas county elected by the grand jury, and for other purposes.
The following message was 1eceived from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Speal:er .
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to repeal an act entitled an al't to establish a City Court in the city of Carrollton, for the county of Carroll, etc., approved December 20, 188-1-, and to providt fm the dispm..ition of the business pending thtr('in.
The following bill was read the third time; the nport 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 to incorporate the Bank of Fort Gaines.
By unanimous consent, the following bill was ead the third time; the report of the committee was ageed to; the proper legal proofs were exhibited, and the bill pa~sed hy the requisite constitutional majority, yeas 92, nays 0, to-wit:

382

JouRNAL oF THE Hol.JsE.

A bill to ratify and amend an act to repeal an act, approved January 26, 1850, incorporating the town of Buena Vista, in the county of Marion, and the acts amendatory thereof, and to establish a new charter for said town, etc.
By .unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Temperance, to -wit :
By Mr. Smith, of GwinnettA bill to amend an act to prohibit the sale of intoxicat-
ing liquors within one mile of Midway Church, Gwinnett county.
Upon motion of Mr. McArthur, the House adjourned until to-morrow morning at 9 o'clock.

A'ILA~TA, GEORGIA,
Tuesday, August 13, 1889.

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
w their names :

Those present were Messrs.-

Alderman,

Hardage,

Allred,

Hall,

Alexander,

Halliday,

Arnold,

Ham,

Atkinson of Butts, Hand,

Atkinson of Columbia, Harper,

Atkinson of Coweta, Harrell of Decatur,

Bates,

Harrell of Webster,

Bell,

Harris,

Berner,

Hart,

Boone,

Heery,

Brady,

Herrington,

Brewton,

Hill of )Ieriwether,

Brown,

Hill of Wilkes,"

Bush,

Hobbs,

Buxton,

Holtzclaw,

)leans, Mitchell of Pike, Mitchell of Spalding, Mobley, Montgomery, Morgan, :Morris, Murray. Mustin. Olive. Oliver, O'Neill, Park, Patterson, Peacock. Perry,

TuESDAY, AuGUST 13, 1889.

383

Callaway,

Holden,

Postell,

Calvin,

Hood,

Rankin,

Campbell,

Hooks,

Rawls,

Candler,

Howell,

Reid,

Carithers,

Humphreys of Brooks, Reilly,

Carlton,

Humphries of Screven, Speer,

Champion,

Huey,

Simmons,

Chew,

Huff,

Sims of Lincoln,

Chureh.

Hyers,

Sims of Wilkes,

Clark,

Jenkins of Harris,

Singleton,

Clements,

Jenkins of Johnson, Skelton,

Clifton,

Johnston of Campbell, Smith of Calhoun,

Collier,

Johnson of Crawford, Smith of Decatur,

Crenshaw,

Johnson of DeKalb, Smith of Gwinnett,

Crowder,

Johnson of Floyd,

Smith of Wilkinson,

Daniel,

Johnson of Jones,

Snead,

Davie,

Johnson of Clinch. Snelson,

Davis of Burk!l,

Jones of Chattooga, Stokes,

DeLacy,

Jones of Coweta,

Tanner,

Dennard,

Kimble,

Tatum,

Dodgen,

Kendrick,

Taylor,

Duggan,

King,

Thurman,

Dugger,

Kitchens,

Tigner,

Fain

Knight,

Turner,

Felton,

Lamar,

Tyson,

Fleming, Flynt,

Lang, Latham,

Twitty, Tuck,

Foute,

Lawson,

Vandever,

Francis, Frazer. Fricks,

Lewis, Lolley, :Mathews,

Veazey, Venable, Walker,

Gallawav' Gamble, Gholston, Gilbert,

1\Iaxwell, McArthur, :McDonald, McDaniel,

Ward, Warren, "\\'est, Whitaker,

Glenn. Goodman, Gordon, Griffin, Gunter, Hardeman,

McCalla, :McCook, Mcinnis, Mcintyre, Mciver,

Williams of Appling, Williams of Telfair, Williams of Upson, Wright, :Mr. Speaker.
I

Those absent were Messrs.-

Albritton,

Coggins,

Jones of Baker,

Arnheim,

Davis of Elbert,

Tarver.

Mr. Thurman, of the Committee on Journals, reported

that the Journal had been examined and approved.

The Journal was then read and confirmed.

384

JouRNAL OF THE HousE.

Leave of absence was granted to Mr. Smith, tne Messenger, until Saturday next.
. Leave of absence was granted to the following members, to-wit: Messrs. O'Neill, Gamble, Reid, Reilly and Halliday.
Mr. Huff, chairman pro tern. of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:
The Committee on Penitentia!'y have had under consideration the following bill of the House, which they request' me, ab their chairman, to report back, with the recommendation that it do pass, to-wit :
A resolution to investigate the treatment of convicts in the State of Georgia.
Also, the following Senate bill, which they report back, with the recommendation that it do pass, to-wit :
A bill to declare all escapes from the penitentiary negligent, and for other purposes.
Respectfully submitted. W. A. HuFF, Chairman.
Mr. Brady, 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, as their chairman, to report back to the House, with a recommendation that they do pass, to-wit :
A bill to be entitled an act to prohibit the putting of fish traps, nets or other obstructions, to prevent the free passage of fish in any water courses in Randolph county, and to provide for the removal of existing obstructions, and for other purposes.
Also, a joint resolution to amend article 7 of the Consti-

TUESDAY, AUGUST 13, 1889.

385

tution of the State of Georgia, by adding a new section, to be styled section 33, which the committee recommend do not pass.
Respectfully submitted. W. BRADY, Chairman.
M1. Hill, of Meriwether, chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

The Committee on Counties and County Matters havA had under consideration the following bills of the House, which they request me, as their chairman, to report back, with the recommendation that they do pass, to-wit:.

A bill to incorporate the Sandy Springs Church and Camp Grounds, in Fulton county.

Also, a bill to authorize the Ordinaries of Ware and Clinch counties to have the line between the counties plainly marked.

Also, a bill to reduce the corporate limits of Spellman, in Randolph county.

Also, a bill to authorize John W. B1idges to peddle in Montgomery county without license.

Also, the following bill, which they report back, with the recommendation that it do pass, as amended, to-wit:

A bill to prohibit the sale of whisky within three miles

of Sandy Springs Church, in Fulton county.

Respectfully submitted.

H. W. HILL, Chairman.

Mr. Fonte, 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 direct me to report
25

386

JouRNAL OF THE HousE.

back to the House, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to prohibit the sale of spirituous, alcoholic or malt liquors, or intoxicating bitters, within a radius of three miles of St. Mary's Masonic Institute and Chattanooga Valley Baptist Church, in Walker county.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within three miles of the Baptist Church at fork of Broad River, in Madison county, and for other purposes.
Respeettully submitted. A. M. FouTE, Chairman.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Clements, of GwinnettA bill to prohibit the manufacture or sale of spirituous
liquors within three mile<; of Nazareth Ptotestant Methodi~t Church, in the county of Gwinnett, etc.
Referred to Committee on Temperance.
By Mr. Daniel, of HeardA bill to prohibit the sale or furni,;hing of spirituous,
malt or other intoxicating liquors or bitters in any quantity, within the limits of that portion of the 788th District, G. M., of Heard countv, lying east of the Chattahoochee River, in said county.
Referred to Committee on Temperance.
By M1. Jenkins, of JohnsonA bill to repeal an act entitled an act to reduce the work
on roads in the county of Johnson. Referred to Committee on Counties and County Matters.
By Mr. Lofley, of MaconA bill to alter and amend the I'Ohd laws of the State, so
as to provide for a commutation tax in lieu of road work, and to authorize the levy and collection of an ad valmem

TuESDAY, AuausT 13, 1889.

387

tax by the county authorities for the purpose of more efficiently working the public ronds in this State.
Referred to Committee on Road~ and Bridges.
By Mr. Hall, of LumpkinA bill to incorporate the Dahlonega and Dawsonville
Railtoad Company, etc. Referred to Committee on Railroads.
By Mr. Clark, of Lauteus-
A bill to authorize the Mayor and Council of Dublin, Georgia, to donate Madison l'treet to the Empire and Dublin Railroad.
Referred to Committee on Railroads.
By Mr. Harris, of FloydA bill to extend the corporate limits of the city of Rome,
so as to embrace therein a part of the property known as the C. W. Miller property.
Referred to Committee on Corj>omtions.
Also, a bill to incorporate the Rome Bank and Trust Company.
Referred to Committee on Banks.
By Mr. Huey, of DouglasA bill to change the tim< f(>r holding the Superior Colll't
of Douglas county, etc. Referred to Committee on Special .Judiciary.
By Mr. Fleming, of RichmondA bill to eontinue in forel' till~ charter of the Augusta
and Summerville Railroad Companv; to permit the propelling of cars by any motive power, de.
Referred to Committee on Railroads.
By Mr. Tigner, of Mn:OcogeeA bill to incorporatl' the Interstate Building and Loan
Association; to confer ctrtaiu powt>rS and privileges, etc. Referred to Comutittee un Banks.

388

JouRNAL oF THE HousE.

By Mr. Kendrick, of TerrellA bill to establish a system of public graded schools m
the city of Dawson, etc. Referred to Committee on Education.
By Mr. Oliver, of EarlyA bill to incorporate the town of Hilton, in the county
of Early; and for other purposes. Referred to Committee on Corporation"'.
By Mr. Hardeman, of BibbA bill to repeal an act entitled an act to declare the head
of navigation of the Ocmulgee River, and declare the legality of a bridge at or near the same, approved February 17, 1873.
Rderred to Committee on Raill'llad~;.
By Mr. Holtzclaw, of Hou,.;tonA bill to pre>:cribe a fatigue uniform for the Georgia
Volunteer!', etc. Referred to Committee on Military Affairs.
By Mr. Thurman, of WalkerA bill to incorporate the Dalton and Stephenson Rail-
road Company, et~. Rt>terrerl to Committee on Railroads.
By unanimous consent, the following bill was read the thirrl time; the rPport of the committee was agreed tG, and, upon motion of Mr. Bell, the same was recommitted to the Committee on Corporation:-;, to-wit:
A bill to incorporate the Union Real Estate Trust Company.
By unanimous consent, the following Senate bill was read the third time; the report of the committee was agrel'd to; the proper legal proof.., were exhibited, and the b!JI pa,.:std by tltt rl'qnisitl' c-onstitutional rnajlll"ity, yeas 96, nays 0, to-wit:
A bill to incorporate the town of Bruton, in the county of Laurens, State of Georgia, and for other purposes.

TuESDAY, AuGUST 13, 1889.

389

By unanimous consent, 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 102, nays 0, to-wit:
A bill to incorporate the Artesian City Railroad Company.
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 92, nays 0, to-wit:
A bill to provide for the transfer of misdemeanor cases which are now pending, or which may hereafter arise in the Superior Court of Stewart connty, 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 proofs were exhibited, and the bill passed, as amended, by the requisite constitutional majority, yeas 96, nays 0, to-wit :
A bill to amend section 7 of an act, approved December 8, 1888, to create a Board of Commissioners of Roads and Revenues in the county of Stewart.
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 92, nays 0, towit:
A bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State, tax to run a period of five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house.
By unanimous consent, the following 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 92, nays 0, to-wit :

390

JouRNAL OF THE HousE.

A hill to prevent the running at large upon the lands of another in the 777th District, G. M., Randolph county, of all horses, mules, cows, 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 103, nays 0, towit:
A bill to prohibit the sale of seed cotton in the county of Crawford between the 15th day of August and the 15th day of December of each year, and to provide a penalty, etc.
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 passed by the requisite constitutional majority, yeas 94, nays 0, to-wit:
A bill to amend an act, approved October 2, 1879, so far as the same relates to the county of Wayne, to fix the amount of licenses for selling or vending spirituous liquors, so as to include Jamaica ginger, intoxicating bitters, and domestic wint>s, etc.
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 104, nays 0, to-wit:
A bill to provide for a drainage law in the county of Franklin, and for other purposes.
Upon motion of Mr. Berner, of Monroe, the House resolved itself into a Committee of the Whole, for the further consideration of Hou~e Bill No. 65, to-wit:
A bill to provide for, the lease of the Western and Atlantic Railroad.
Mr. Fleming, of Richmond, was called to the chair.
Mr. Simmons, of Sumter, chairman pro tem. of the Com-

TuESDAY, AuGUST 13, 1889.

391

mittee of the 'Vhole House, submitted the following report:

JI1. i::3peaker :

The Committee of the Whole House have had under consideration House Bill No. 65, which they instruct me, as their chairman, to teport progress, and that the committee arose for the purpose of receiving a memorial and petition from the Woman's Christian Temperance Union, and ask leave to sit again, to-wit:

A bill to provide fur the lease of the Western and Atlantic Railroad.

A memorial from the \Vumans' Christian Temperance Cnion was received and read, and, upon motton of Mr. McDaniel, the same was referred to the Committee on Temperance.

U pun motion of Mr. Foute, the Honse resolved itself

into a Committee of the Whole for the further consideration

of Honse Bill No. 65, to-wit:

~

A bill to provide for the lease of the Western and Atlantic Railroad.

Mr. Fleming, of Richmond, in the Chair.

Mr. Fleming, 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. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad, which they instruct me, as their chairman, to report progress and ask leave to sit' again.
By request, House Bill No. 264 was recommitted to the Committee on Appropriations.
By request, House Bill No. 657 was recommitted to the Committee on Specia] Judiciary.
Mr. Johnson, of DeKalb, offered the following resolu-

392

JouRNAL l'F THE HousE.

tion, which was read, and, upon motion of Mr. Harrell, Qf Decatur, the same was tabled, to-wit:
WHEREAS, The present lessees of the western and Atlantic Railroad have proved themselves to be reliable tenants-having promptly paid the rental per contract and kept the road in excellent condition, and whereas, the said lessees have, through their representatives, signified a desire to confer with the General Assembly touching mattes involved in the existing lease, therefore, be it-
Resolved by the House of Rep't"esentatives, the Senate concurring, That a committee of five from the House and three from the Senate, (the Attorney-General being present, and being a member of the committee,) be appointed and charged with the duty of conferring with said lessees on all matters relating tQ said existing lease, and report in full, as soon as practicable, to this General Assembly.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. 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 appropriate the sum of fifteen thousand dollars for the erection of a dormitory at the Academy for the Blind, in Macon.

A-lso, an act to prohibit the making or selling of intoxi-

cating liquors within three miles of Nails Creek Baptist

Church, in Banks county.

Respectfully submitted.



IvY W. DUGGA~, 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 92, nays 0, to-wit:

'VED1\ESDAY, AUGI'ST 14, 18~9.

393

A bill to establish a system of public schools for the city of Fort Valley, etc.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLA~TA, GEORGIA,
Wednesday, August 14, 1889.

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 Messrs.-

Albritton,

Hardeman,

l\Iclver,

Alderman,

Hardage,

Means,

Allred,

Hall,

)Iitchell of Pike,

Alexander,

Ham,

Mitchell of Spaldin~t,

Arnold,

Hand,

.Mobley,

Atkinson of Butts, Harper,

Montgomery,

Atkinson of Columbia, Harrell of Decatur, Morgan,

Atkinson of Coweta, Harrell of Webster, Morris,

Bates,

Harris,

Murray,

Bell,

Hart.

::\Iustin,

Berner,

Beery,

Olive,

Boone,

Herrington,

Oliver,

Brady,

Hill of Meriwether, Park,

Brewton,

Hill of Wilkes,

Patterson,

Brown, Bush,

Hobbs, Holtzclaw,

Peacock, Perry,



Buxton,

Holden,

Postell,

Callaway,

Hooks,

Rankin,

Calvin,

Hood,

Rawls,

Campbell,

Howell,

Reilly,

Candler,

Humphreys of Brooks, Speer,

Carithers,

Humphries of Screven, Simmons,

Carlton,

Huey,

~ims of Lincoln,

Champion,

Huff,

Sims of Wilkes,

Chew,

Hyers,

Singleton,

Church,

.Jenkins of Harris,

Skelton,

Clark,

.Jenkins of Johnson, Smith of Calhoun,

Clements,

Johnston of Campbell, Smith of Decatur,

394

JouRNAL oF THE HousE.

Clifton, Collier, Crenshaw, Crowder, Daniel, Davie. Davis of Burke. DeLacy, Dennard, Dodgen, Duggan. Dugger, Fain, Felton, Fle,ning, Flyut. Fonte.
Franci~.
Frazer. Frick:;, Gallaway. Ghol:;ton. Gilbert, Glenu, Goodman. Gordon, Griffin, Gunter.

Johuson of Crawford, Johnson of DeKalb, Johnson of Floyd. Johnson of Jones. Johnson of Clin('h, Jones of Baker, ,Jones of Chattooga, Jones of Coweta, Kimble, Keudriek, King, Kitchens, Knight, Lamar. Lang, Latham. Lawson, Lewis, Loftey. )lathews, Maxwell. McArthur. 1\IcDouald. :McDaniel, ::\'IeCalla, )IcCook, Mcinnis, )fclntyre.

S,mith of Gwinnett, Smith of Wilkinson. Snead, Snelson. Stokes, Tanner, Tatum, Taylor. Thurman, Tigner. Turner, Tyson. Twitty. Tuek, Vandever, Veazey. Venable, Walker. ward. \Varren, West. \Vhitakcr, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Coggins, Davis of Elbert,

Gamble. Halliday, O'Neil,

Reid, Tarver.

1\Ir. Atkinson, of Columbia, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the followiug members, to-wit: Messrs. Venable, Dennard, Gunter, Hardeman, Davie and Daniel.

Mr. Snelson, of Meriwether, offered the following resolution, which was read and lost, to-wit:

Resolved, That newspaper reporters admitted to th~ floor

WEDNESDAY, AUGUST 14, 1889.

395

Df the House, have no right to use this privilege to the forwarding of their peculiar views, by misrepresenting or suppressing the object sought to be accomplished by its members.
Resob:ed, That after this date, any reporter that shall misrepresent or suppress the object sought to be accomplished by any member of this House, shall be expelled from the privileges of the ~oo1.
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 97, nays 0, to-wit:
A bill to establish a public school system for the town of Perry, etc.
Mr. Jones, of Chattooga, offered the following resolution, which was read and agreed to, to-wit:
Resolved, That when the House to-day resolves itself into a Committee of the Whole for the further consideration of the Western and Atlantic Railroad lease bill, that debate on section 3 and the amendments thereto, shall be limited to close at eleven (11) o'clock, at which hour the committee shall vote on said section and amendments, and after which vote the committee will proceed to the consideration of the remaining sections of said lease bill.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Fleming, of Richmond, in the Chair.
Mr. Fleming, 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. 65, to-wit:

396

JouRNAL oF THE HousE.

A bill to provide for the lease of the Western and Atlantic Railroad, which they instruct me, as their chairman, to report progress and ask leave to sit again.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker :
The Committee on Enrollme!)t, 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 create a Board of Commissioners of Roads and Revenues for Clinch county.
Also, an act to prohibit the fishing or seining in Linton Lake or Sheldon Pond, in Thomas county, without the consent of the owners thereof.
Also, an act to provid~ for the registration of the qualified voters of Pierce county.
Respectfuliy submitted. IvY W. DuGGAN, Chairman.
Mr. Candler, chairman of the Committee on Education, submitted the following report:

Mr. Speaker :
The Committee on Education have had under consideration the following bills of the House, which I am directed to report to the House, with the recommendation that they do not pass, to-wit :
House Bill No. 459, which is a bill to be entitled an act to compel all persons having charge or c.:~ntrol of children of school age, to send them to school, etc.
Also, House Bill No. 738, which is a bill to be entitled an act to render members of the County Board of Education competent to serve as grand jurors, etc.
Also, House Bill No. 770, which is a bill to be entitled an act to provide for the distribution of the public sehool fund in this State.

WEDNESDAY, AUGUST 14, 1889.

397

Also, House Bill No. 621, which is a bill to be entitled an act to authorize the Trustees of the University of Georgia to accept a branch college at Swainshoro, in Emanuel county, which I am directed to report back, with the recommendation that the introducer be allowed to withdraw.
Respectfully submitted. C. M. CANDLER, Chairman.
Mr. Hill, of Meriwether, chairman of the Committee on Counties and County Matters, submitted the following report:
Mt. Speaker:
The Committee on Counties and County Matters have had under consideration the following bills of the House, which they instruct me to report back, with the recommendation that they do pass, to-wit:
A bill to amend an act to establish a Board of Commissioners for Screven county, so as to increase the salaries of said Commissioners.
Also, a bill to amend an act entitled an act to reduce the compensation allowed the Tax Collector, Tax Receiver, and County Treasurer, in Butts county.
Also, a bill to require and provide for the registration of voters in the county ot Taliaferro.
Also, a bill to prevent stock from running at large in the first, and a portion of the second and ninth districts, in Dooly county.
Also, Senate bill to amend the charter of the city of Albany, Georgia.
Also, the 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 provide compensation to managers of elections in this State.
Also, a bill to provide for the payment of managers and clerks holding elections in this State.

398

JouRNAL OF THE Hom,E.

Also, a bill, they instruct me to return to the House, with the recommendation that it be referred to the Committee on Roads and Bridges, to-wit:
A bill to amend sections 598 and 600 of the Code of Georgia.
Respectfully submitted. H. W. HILL, Chairman.

Mr. Olive, chairman of the Committee ou Special Judiciary, submitted the following report:

Mr. Speaker :
The Committee on Special Judiciary have had under consideration the fvllowing bills, which they instruct me to report back to the House, with the recommendation that they do pass, to-wit :
Senate Bill No. 152, entitled an act to prevent the destruction of game in the county of Oconee, etc.
Also, Senate Bill No. 154, entitled an act to declare Councilmen and Aldermen of towns and cities ineligible, during their term of office, to any other municipal office in said towns or cities.
Also, Senate Bill No. 178, entitled an act to repeal an act to provide for a Solicitor of the County Court of Oconee.
Also, House Bill No. 775, entitled an act to amend the charter of the city of Greensboro, so as to require the Mayor and Aldermen of said city to make semi-annual itemized statements of receipts and disbureements on account of said city; also, the indebtedness, and for other purposes, etc.
Respectfullly -submitted. J. T. OLIVE, Chairman.

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

THURI:'!DAY, AUGUST 15, 1889.

3!19

ATLANTA, GEORGIA,
Thursday, August 15, 1889.

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 Messrs.-

Alderman,

Hall,

)fclver,

Allred,

Ham,

}leans,

Alexander,

Hand,

}litchell of Pike,

-Arnold,

Harper,

}litchell of Spalding,

Atkinson of Butts,

Harrell of Decatur, }lobley,

Atkinson of Columbia, Harrell of Webster, }lontgomery,

Atkinson of Coweta, Harris,

}!organ,

Bates,

Hart,

}!orris,

Bell,

Heery,

Murray.

Berner,

Herrington,

}lustin,

Boone,

Hill of Meriwether, Olive,

Brady,

Hill of Wilkes,

Oliver,

Brewton,

Hobbs,

Park,

Brown,

Holtzclaw,

Patterson,

Buxton,

Holden,

Peacock,

Callaway,

Hood,

Perry.

Calvin,

Hooks,

Postell,

Campbell,'

Howell,

Rankin,

Candler,

Humphreys of Brooks, Rawls,

Carithers,

Humphries of Screven, Speer,

Carlton,

Huey,

Simmons,

Champion,

Huff,

Sims of Lincoln.

Chew,

Hyers,

Sims of Wilkes,

Church,

.Jenkins of Harris.

Singleton.

Clark,

,Jenkins of ,Johnson, Skelton,

Clements,

Johnston of Campbell, Smith of Calhoun.

Clifton,

Johnson of Crawford. Smith of Decatur,

Collier,

Johnson of DeKalb, Smith of Gwinnett.

Crenshaw,

,Johnson of Floyd,

Smith of Wilkinson,

Crowder,

,Johnson of Jones,

Snead,

Davis of Burke,

.Johnson of Clineh,

Snelson,

Davis of Elbert,

Jones of Baker,

Stokes,

DeLacy,

Jones of Chattooga, Tanner.

Dennard,

Jones of Coweta,

Tatum,

Dodgen,

Kimble,

Taylor,

Duggan,

Kendrick,

Thurman,

Dugger

King,

Tigner,

400

JOURNAL OF THE HousE.

Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer. Fricks, Gallaway, Gholston, Gilbert, Glenn, Aoodman, Gordon, Griffin, Gunter, Hardage,

Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lofley, Mathews. :\'IaxwelL McArthur, McDonald,
~icDaniel,
McCalla, McCook, Mcinnis, Mcintyre,

Turner. Tyson, Twitty. Tuck, Vandever, Veazey, "\\Talker,
'Vard, Warren, West, Whitaker, Williams of Appling-, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were MeEsrs.-

Albritton, Arnheim, Bush, Coggins, Daniel,

Davie, Gamble, Hardeman, Halliday, O'Neil,

Reid. Reilly. Tarver, Venable.

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Ra,vls, Jenkins of Johnson, Clifton and McDaniel.

By unanimous consent, the following bill was introrluced, read the first time, and referred to the Committee on Railroads, to-wit :

By Mr. Mcintyre, of ThomasA bill to carry into effect paragraph 4 of &ection 2 of
article 4 of the Constitution of Georgia.

By unanimous consent, the f0llowing Senate bill was reaq the second time, to-wit:
A bill to deelare all escapes from the Penitentiary negligence, and to require the Govemor to proceed immediately to collect the damages now fixed by law for each escape, etc.

THURSDAY, AUGUST 15, 1889.

401

Mr. Fleming, of Richmond, offered the following esolution, which was read and agreed to, to-wit :
Resolved by the House, the Se:natt concurring, That the hall of the House of Representatives be tendered to the Confederate Veterans' Association of Georgia for the purpose of holding a reception this evening, August 15, 18R9.
.By request, House Bill No. 354 was withdrawn.
By unanimous consent, the following resolution was introduced, read the first time, and referred to the Committee on Appropriations, to-wit:
By Mr. Jonnson, of FloydA resolution to provide for the purchhse of a life size oil
portrait of the late General Robert Toombs.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:

Mr. Speaker:
The Senate has passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to reincorporate the town of Waycross as the city of Waycross; yeas 32, nays 0.
' Also, a bill to prohibit the sale of intoxicating or malt liquors within three miles of Laurens Hill Baptist Church; yeas 27, nays 0.
Also, a bill to incorporate the Knoxville Extension, Dahlonega and Augusta Railroad Company; yeas 25, nays 0.
Also, a bill to incorporate the Brunswick, Athens and Northwestern Railroad Company.
The Senate has agreed to the following resolution, and asks the concurrence of the House therEin, to-wit:
A resolution requesting the House of Representatives to return House Bill No. 311.
The Senate has also passed the following bills of the House, by the requisite cvnstitutional majority, to-wit:
26

402

JouRXAL oF THE HousE.

A bill to prohibit the fishing or seining in Linton Lake and Sheldon Pond, in Thomas county, without the consent of the owners thereof; yeas 31, nays 0.
Also, a bill to provide for the registration of the qualified voters of Pierce county ; yeas 24, nays 0.
Also, a bill to create a Board of Commissioners of Roads and Revenues for Clinch county; yeas 26, nays 0.
The Senate has also concurred in the following House amendments, to-wit:
A resolution authorizing the committee provided for by Joint Resolution No. 30, to sit during the recess of the Genetal Asse111 bly.
The Senate has also passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Augusta and West Florida Railroad Company; yeas 29, nays 0.
Also, a bill to prohibit tl)e putting of fish traps and other obstructions in the Pataula Cteek and its ttibutaries; yeas
29, nays 0.
Also, a bill changing the tall term of the Superior Court of Emanuel county; yeas 26, nays 0.
Also, a bill tor the protection of game in the county of Burke, and for other purposes; yeas 26, nays 0.
Upon motion of Mr. Brady, of Sumter, the special order for to-day was taken up, to-wit:
A bill to provide for pleading and proving a failure of consideration to notes given tor guano.
The bill was read the third time; the report of the committee was agreed to.
Mr. Twitty, of Jackson, called for the previous question, which call was sustained, and the main question ordered. Upon the passage of the b_ill, Mr. Smith, of Gwinnett, called for the yeas and nays, which call was sustained.
Mr. Candler, of DeKalb, asked to be excused from voting

THURSDAY, AUGUST 15, 1889.

403

upon the passage of the hill, which 1equest was granted.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.--

Alderman,

Humphreys of Brooks, Morris,

Atkinson of Butts,

Humphreys of Screven, Murray,

Atkinson of Columbia, Huey,

)Iustin

Bates,

Huff,

Park,

Brady;

Hyers,

Patterson,

Brown,

Jenkins of Harris,

Peacock,

Carithers,

Johnston of Campbell, Perry,

Carlton,

Johnson of Crawford, Postell,

Champion,

Johnson ofDeKalb. Rankin,

Church,

Johnson of Jones,

Rawls,

Clark,

Johnson of Clinch, Simmons,

Clements,

Jones of Chattooga, Sims of Lincoln,

Crenshaw,

Kimble,

Singleton,

Duggan,

Kendrick,

Smith of Calhoun,

Dugger,

King,

Smith of Decatur,

Fain,

Kitchens,

Smith of Gwinnett,

Felton,

Knight,

tlmith of Wilkinson,

Flynt,

La1ig,

Snelson,

Fonte,

Latham,

Stokes.

Francis,

Lewis,

Tanner,

Frazer,

Lolley,

Tatum.

Gallaway,

Mathews,

Taylor,

Gilbert,

llaxwell,

Thurman,

Griffin,

McDonald,

Tigner,

Gunter,

McDaniel,

Twitty,

Hardage,

llcCalla,

Tuck.

Ham,

McCook,

Vandever,

Harper,

llclnnis,

Veazey,

Harrell of Webster, Mciver,

Walker,

Herrington,

lleans,

West,

Hill of Meriwether, Mitchell of Pike,

Williams of Appling,

Hobbs,

Mitchell of Spalding, Williams of Upson,

Holden,

Mobley,

Wright.

Hood,

Montgomery,

Those voting m the negative were Messrs.-

Allred, Alexander, Arnold, Atkinson of Coweta, Berner,

Fleming, Fricks, Glenn, Gordon, Hall,

I~aiuar,
McArthur, Mcintyre, Morgan, Oliver,

404

,JOtTRNAL OF THE HousE.

Boone, Brewton, Buxton, Callaway, Calvin, Crowder, Davis of Burke, DeLacy,

Hand, Harrell of Decatur, Harris, Hart. Hill of Wilkes, Howell, Johnson of Floyd, Jones of Coweta,

Sims of Wilkes, Skelton, Snead, Turner, Tyson, Ward, Warren, Williams of Telfair.

Those not voting were Messrs.-

Albritton, Arnhein-, Bell, Bush, Campbell, Candler, Chew, Clifton, Coggins, Collier, Daniel, Davie,

Davis of Elbert, Dennard, Dodgen, Gamble, Gholston, Goodman, Hardeman. Halliday, Heery, Holtzclaw, Hooks, Jenkins of Johnson,

Jones of Baker, Lawson, Olive, O'Neill, Reid, Reilly, Speer, Tarver, Venable, "Whitaker, Mr. Speaker.

Yeas 101. Nays 39. Not voting, 35.

Having received the requisite constitutional majority the bill r.asstd, to-wit:

A bill to provide for pleading and proving failure of consideration to notes and written instruments given for commercial fertilizers, anJ provide a penalty for failure to disclose the samf'.

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

Upon motion of M1. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:

A bill to provide for the lease of the Western and Atlantic Railroad.

Mr. Fleming, of Richmond, in the chair.

Mr. Fleming, chairman of the Committee of the Whole House, submitted the following reporr:

THURSDAY, AUGUST 15, 1889.

405

Mr. Speaker:
The Committee of the Whole House have had under consideration House Bill No. 65, which they instruct me, as their chairman, to report progress, and ask leave to sit again.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:

Mr. Speaker:
The Senate has passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta; yeas 27, nays 0.
Also, a bill to amend section 2967 of the Code of Georgia, so as to prevent the abatement of actions ex delicto in certain cases where the injured party may die pendente lite; yeas 27, nays 0.
Also, a bill to require orders on fines and forfeiture funds to. be registered, and for other purposes; yeas 23, nays 7.
Also, a bill to raise the bond of the Ordinary of Liberty county; yeas 30, nays 0.
Also, a bill to amend section 301 of the Code of 1882; yeas 27, nays 0.
Also, a bill to amend an act to incorporate the Waycross Air-Line Railroad Company; yeas 30, nays 0.
Also, a resolution to appoint a joint standing committee on the revision of bills; yeas 30, nays 0.
Also, a resolution dismissing the suit instituted by the State to recover of H. J. Lamar certain mill property in the county of Butts.
The Senate has also passed the following House bills by the requisite constitutional majority, to-wit :
A bill to amend an act to constitute a Board of Commissioners for the county of Meriwether, State of Georgia ; yeas 31, nays 0.

406

JouRNAL oF THE HousE.

Also, a bill to abolish the office of Commissioners of Roads and Revenues of Forsyth county; yeas 30, nays 0.
Also, a bill to ratify and confirm the granting, by the Mayor and Council of the city of Savannah, to the Savannah Volunteer Guards, of eight feet of the pavement on the South side of President street; yeas 30, nays 0.
The Senate has passed, as amended, the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Perry Loan and Savings Bank ; yeas 30, nays 0.

Also, a bill to incorporate the Cumming and Warsaw Railroad Company; yeas 30, nays 0.
The Senate has concurred in the following re'lolution of the House by substitute, to-wit:
A resolution tendering the Hall of the House of Representative!'! to the Confederate Veterans' Association this evening, August 15th, 1889.
The Senate has also passed the following House resolution by the re.quisite constitutional majority, to-wit :
A resolution fixing the compensation of the Chaplains of the Senate and House, at $2.00 per diem.
Mr. Lofley, 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 return to the House, with the recommendation that it do

pass, to-wit :

A bill to be entitled an act to alter and amend the road

laws of this State, so as to provide for a commutation tax in lieu of road work, and to authorize the levy and collection of an ad valorem tax by the county authorities for the purpose of more efficiently working the public roads in this

State.

Respectfully submitted.

S. T. LoFLEY, Chairman.

THURSDAY, AUGUST 15, 1889.

407

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 bill, which they instruct me to report back, with the recommendation that they do pass, as amended, to-wit :
A bill to amend section 3700 of the Code in regard to the fees of Constables.
Also, the following bill, which they instruct me to report back, with the recommendation that it do not pass, to-wit :
A bill to make drunkenness a crime ; to prescribe the punishment therefor.
Respectfully submitted. RoBERT L. BERNER, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the fo!lowing report :

Mr. Speaker:
The Committee on Enrollment reports as duly enrolled, signed bj 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 prohibit the fishing or seining in Linton Lake or Sheldon Pond, in Thomas county, without the consent of the owners thereof.
Also, an act to provide for the registration of the qualified voters of Pierce county.
Also, an act to create~ Board of Commissioners of Roads and Revenues for Clinch county.
Also, an act to prohibit the making or selling of intoxicating liquors, within three miles of Nail's Creek Baptist Church, in Banks county.
Also, an act to appropriate the sum of $15,000 for the

408

.JouRNAL OF THE HousE.

erection of a dormitory at the Academy for the Blind, in Macon.
Also, an act to prevent the running at latge, in the 749th District, of Clay count:v, of all horses, mules, cattle, etc.
Respectfully ~ubmiw~d. IvY W. DuGGAN, Chairman.
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, with the recommendation that they do pass, to-wit:
A bill to protect owners and underwriters of vessels loaded and shipped from our ports, and for other purposes.
Also, a bill to amend section 4, of an act to provide for the western half of lot letter G, in the city of Savannah, and for other purposes.
Also, the following bills, which they instruct me to report back, with the recommendation that they do not pass, towit:
A bill to amend section 936 of the Code of 1882.
Also, a bill to amend section 3910 (a) of the Code o 1882.
Also, a bill to appropriate the special tax money on dealers in spirituous liquors, etc., to the public school fund, and for other purposes.
Respectfully submitted. RoBT. L. BERNER, Chairman.
Mr. Lawson, chairman of the Committee on Corporations, submitted the following report :.

Mr. Speaker: The Committee on Corporations have had under consid-

THURSDAY, AUGUST 15, 1889.

409

eration the following House and Senate bills, which they recommend do pass, to-wit :
House Bill No. 782, to incorporate the town of Mineral Bluff.
Also, Bill No. 786, to incorporate the town of Jenkinsburg.
Also, Bill No. 797, to amPnd the act incorporating the town of Moreland.
Also, Bill, No. 812, to extend the corporate limits of the city of Rome
Also, Bill No. 819, to incorporate the town of Hilton.
Also, Senate Bill No. 194, to alter the charter of the city of Cartersville.
Also, Bill No. 203, to incorporate the town of Lovett.
Also, Bill No. 802, to incorporate the town of Stillmore. Respectfully submitted.
THos. G. LAwsoN, Chairman.
Mr. Fonte, of Bartow, offered the following resolution, which was read and agreed to, to-wit :
Resolved, That the privileges of the House be extended to the Confederate Veterans of the State during their stay in the city.
By unanimous consent, the following Senate resolution was taken up, and the same concurred in, to-wit :
A resolution requesting the House to return House Bill No. 311 to the Senate.
By unanimous consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Oliver, of EarlyA bill to repeal section 659 of the revised Code of 1882. Referred to Committee on General Judiciary.
By Mr. Crenshaw, of RandolphA bill to prevent the running at large upon the lands of

410

JouRNAL oF THE HousE.

another, whether enclosed or unenclosed, in the 998th District, G. M., in Randolph county, of all horses, mules, cows, hogs, cattle and stock of all kinds, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Patterson, of BibbA bill to amend section 1695 of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Gilbert, ot MuscogeeA bill to amend an act to establish a City Court in the
city of Columbus, for Mu&cogee county, etc., approved December 20, 1884, by creating a separate Solicitor for said City Court, etc.
Referred to Committee on General Judiciary.
By Mr. Tuclr, of ClarkeA bill to amend the charter ot the city of Athens, so as
to authorize the Mayor and Council of the city of Athens to assess the annual cost for water and fire purposes against the property protected.
Referred to Committee on Corporations.
Also, a bill to authorize the municipal courts of tbe city of Athens to impose fines to the amount of five hundred dollars, or to imprison, or to set to work on the streets or other works of said city, for the term of twelve months, for the violation of the ordinances of said city, etc.
Referred to Committee on Corporations.
By Mr. Lamar, of RichmondA bill declaring in force section 457 of the code of 1882,
as to places of holding Justices' Courts in this State. Referred to Committee on General Judiciary.
By Mr. Tigner, of MuscogeeA bill to extend the corporate limit'l of the city of Co-
lumbus, etc. Referred to Committee on Corporations.
By Mr. Veazey, of Warren-(by request)A bill to repeal an act to prevent the sale of intoxicating,

THURSDAY, AUGUST 15, 1889.

411

spirituous or malt liquors, etc., within three miles of the Methodist Church at Barnett, Warren couuty.
Referred to Committee on Temperance.
By Mr. Murray, of SchleyA biii to require the owners of horses, mules, cows, hogs,
sheep and goats, and stock of alJ kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the 946th District, G. M., Schley county, and for other purposes.
Referred to Committee on Agriculture.
By Mr. Tanner, of CoffeeA biii to enable Coffee county to levy and collect a
special ad valorem tax for school purposes, and to provide how the money raised by such tax shalJ be used.
Referred to Committee on Education.
By Mr. Clark, of LaurensA bill to prohibit the sale of spirituous, malt or intoxi-
cating liquors, within five (5) miles of certain churches in Laurens county, and for other purposes.
Referred to Committee on Temperance.
By Mr. McDonald, of WareA bill to prohibit the issuing of license to retail spirit-
uous or intoxicating liquors of any kind, Jamaica ginger or anything else that wilJ produce intoxication, hy any eity, town or county authority, in less quantities than one quart, and to provide a penalty for the same.
Referred to Committee on Temperance.
By request, House Bill No. 812 was recommitted to Committee on Corporations.
By request, House Bill No. 678 was recommitted to Committee on Temperance.
The following bill was also introduced, read the first time, and referred, to-wit :

412

JouRNAL oF THE HousE.

By Mr. Harper, of CarrollA bill to incorporate the Carrollton Street Railway Com-
pany of Carrollton, etc. Heferred to Committee on Railroads.
Mr. Johnson, of Campbell, offered the following resolution, which was read, and, upon motion, tabled, to-wit:
Re~olved, That the Clerk of the House be authorized to purchase ninety waste baRkets for the use of the members of the House.
The following bill was read the third time; the report of the committee was agrePd to; the proper legal proofs were exhibited, and the hill passed by the requisite constitutional majority, yeas 89, nays 0, to-wit:
A bill to require the registration of voters in Mcintosh county, etc.
By unanimous consent, the following Senate bill was read the first time, and referred to the Committee on Railroads, to-wit:
By Mr. Folks, of the 5th DistrictA bill to amend an act to incorporate the Waycross Air-
Line Railroad Company, etc.
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 88, nays 0, to-wit:
A bill to authorize and empower the Town Council of Camilla to create a debt, not to exceed five thousand dollars, for the purpose of erecting suitable school buildings for said town, and provide for the payment of the same wh~n due, etc.
Mr. Brady, chairman of the Committee on Agriculture, submitted the following report:

THURSDAY, AUGUST 15, 1889.

413

.Yr. Speaker:
The Committee on Agriculture have had under consideration the following bill, which they instruct me, as their chairman, to report back to the House, with the recommendation that it do not pass, to-wit :
A bill to amend section 1455 of the Code of 1882, by providing the terms and conditions upon which the stock law contained in sections 1449, 1450, 1451, 1452, 1453 and-1454 of the Code of 1882, may be rendered inoperative when of force in any county or militia district of this State.
Respectfully submitted. W. BRADY, Chairman.

By unanimous consent, the following Senate substitute to House resolution was taken up and the same concurred in, to-wit:

A resolution tendering the Hall of the House of Rep-

resentatives to th- Confederate Veterans' Association, this

evening, August 15, 1889.



By request, House Bill No. 686 was taken from the table and placed upon the calendar.
By request of the Committee on Roads and Bridges, 300 copies of House Bill No. 809 were ordered printed for the use of the House.

By unanimous com;ent, 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 H8, nays 0, to-wit:
A bill to incorporate the Griffin Street Railroad Company, etc.
Leave of absence was granted to the following members, to-wit: Messrs. Johnson of Clinch, Hyers, McDonald, Davis of Burke, Chew, O'Neill and Frazer.
Upon motion, the House adjourned until to-monow morning at 9 o'clock.

414

JouRNAL oF THE HousE.

ATLAN'rA, GEORGIA,
Friday, August 16, 1889.

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 Messrs.-

Albritton,

Gunter,

Mciver,

Alderman,

Hardeman,

Means,

Allred,

Hardage,

Mitchell of Pike,

Alexander,

Hall,

Mitchell of Spaldin~~:,

Arnold,

Ham,

Mobley,

Atkinson of Butts,

Hand,

Montgomery,

Atkinson of Columbia, Harper,

Morgan,

Atkinson of Coweta, Harrell of Decatur, Morris,

Bates,

Harrell of Webster, Murray,

Bell,

Harris,

Mustin,

Berner,

Hart.

Olive,

Boone,

Beery,

Oliver,

Brady,

Herrington,

Park,

Brewton,

Hill of Meriwether, Patterson,

Brown,

Hill of Wilkes,

Peacock,

Bush.

Hobbs,

Perry,

Buxton,

Holtzclaw,

Postell,

Callaway,

Holden,

Rankin,

Calvin,

Hooks,

Rawls,

Campbell,

Hood,

Reid,

Candler,

Howell,

Speer.

Carithers,

Humphreys of Brooks, 8immons,

Carlton,

Humphries of Screven, Sims of Lincoln,

Champion,

Huey,

Sims of Wilkes,

Chew,

Hutf,

Singleton,

Church,

Hyers,

Skelton,

Clark,

Jenkins of Harris,

Smith of Calhoun,

Clements,

Jenkins of Johnson, Smith of Decatur,

Collier,

Johnston of Campbell, Smith of Gwinnett,

Crenshaw,

Johnson of Crawford, Smith of Wilkinson.

Crowder,

Johnson of DeKalb, Snead,

Daniel,

Johnson of Floyd,

Snelson,

Davie,

.Johnson of Jones,

Stokes,

Davis of Burke,

.Johnson of Clinch, Tanner,

Davis ot Elbert,

Jones of Baker,

Tatum,

DeLacy,

,Jones of Chattooga, Taylor,

Dennard,

.Jones of Coweta,

Thurman,

FRIDAY, AUGUST 16, 1889.

415

Dodgen, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin.

Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lotley, Mathews, Maxwell, McArthur, McDaniel, McCalla,
~IcCook,
Mcinnis, Mcintyre.

Tigner, Turner, Tyson. Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telf11.ir, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Arnheim, Clifton, Coggins,

Halliday, McDonald, O'Neil,

Reilly, Tarver.

Mr. 'Atkinson, of Columbia, of the Committee on Journals, reported that the Journal had been examined and ap-

proved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Jones of Chattt)oga, Oliver, Harrell of Decatur, Dugger, Lawson, Crowder, Johnson of Jones, Atkinson of Columbia, Latham, Murray, Williams of Appling, Gunter, Tatum, Davie, Tanner, Maxwell, Skelton, Flint, Hobbs, Lofley, Fonte, Felton, Kimble, Smith of Calhoun, Smith of Gwinnett, Clements, Crenshaw, Turner,

.Jones of Coweta, Bates, Singleton and Mcintyre.

By request, House Bill No. 831 was withdrawn.

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 94, nays O, towit:

416

JouRNAL oF THE HousE.

A billl to prevent the sale or.manufacture of spirituous, vinous or malt liquors, within two miles of Grove Level Baptist Church, in Banks county, in this State, etc.
By unanimous conRent, the following bill was read the third time; the report of the committee WdS agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, ye!iji 95, nays 0, to-wit:
A bill to require and provide for the registration of all voters in the county of Warren, 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 passed, as amended, by the requisite constitutional majoritv, yeas 93, nays 0, to-wit :
A bill to amend the charter of the Rome Railroad Company, etc.
By unanimous consent, the following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to incorporate the Perry Loan and Saviugs Bank.
Also, a bill to incorporate the Augusta and West Florida Railroad, etc.
Also, a bill to incorporate the Cumming and Warsaw Railroad Company, etc.
Also, a resolution for the relief of Jeff Bell, of Cherokee county.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, chairman of the Committee of the Whole House, submitted the following report:

FRIDAY, AUGUST 16, 1889.

417

Mr. Speafrer:
The Committee of the Whole House have. had under consideration House Bill No. 65, which they instruct me, as their chairman, to report progress, and ask leave to sit again, to-wit:
A bill to provide for the lease of the Western and Atlantic "Railroad.
Upon motion of Mr. Rankin, of Gordon, the further consideration of House Bill No. 65 was deferred until Monday morning next, when the same shall be made the special order for that day, immediately after the reading of the Journal.
By unanimous consent, 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 to incorporate the Merchants' Bank of Milledgeville, Georgia, and for other purposes.
By unanimous consent, the following House 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, yea~ 94, nays 0, to-wit:
A bill to incorporate Vineyard CrePk Church, in Madison county, Ga., so as to prohibit the sale of intoxicating liquors within three miles of the same, etc.
Mr. WPst, of Habersham, offered the following resolution, to-wit:
Resolved, That when this Hc~use adjourns to-day, it he to meet again Monday morning at 9 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 of the House, the vote was as follows:
27

418

JouRXAL OF THE HousE.

Those voting in the affirmative were Messrs.-

Albritton, Alderman, Boone, Buxton, Campbell, Carlton, Chureh, Crenshaw, Davie, Davis of Elbert, Glenn, Hardeman,

Holtzclaw,

Mcinnis,

Hood,

Olive,

Humphreys of Brooks, Singleton,

Humphries of Screven, Snead,

Huff,

Tuck,

.Johnston of Campbell, Vandever,

Johnson of Floyd,

Veazey,

.Jones of Coweta,

Venable,

Kimble,

West,

Kitchens,

Whitaker,

Lewis,

Wright.

)fathews,

Those votinJ:!: in the negative were Messrs.-

.&..lexander,

Hall,

Arnold,

Ham,

Atkinson of Butts,

Harper,

Atkinson of Columbia, Harrell of Decatur,

Atkinson of Coweta, Harris,

Brewton,

Herrington,

Bush,

Hill of Meriwethflr,

Callaway,

Hney,

Calvin,

Jenkins uf Harris.

Candler,

Kendrick,

Carithers,

King,

Champion,

Knight,

Clements,

Lamar,

Crowder,

Lang.

Dodgen,

Latham,

Duggan,

Lawson.

Felton,

McArthur,

Francis,

McCook,

Fricks,

)fcintyre,

Gamble.

Mciver,

Gholston,

Means,

Gilbert.

~itchell of Pike,

Gordon,

Mitchell of Spalding,

Gunter,

Mobley, Montgomery, Morris, Murray. Mustin, Park, Postell, Rankin, Rawls, Retd. Speer. Skelton. Smith of Decatur, Smith of Gwinnett, Smith of Wilkinson, Stokes, Taylor, Thurman, Twitty, Ward, Warren, Williams of Telfair, Williams of Upson.

Those not voting were Messrs.-

Allred, Arnheim, Bates, Bell, Berner, Brady.

Griffin, Hardage, Halliday, Hand, Harrell of Webster, Hart.

McDaniel, McCalla, Morgan, Oliver, O'Neill, Patterson,

FRIDAY, AUGUST 16, 1889.

419-

Brown, Chew, Clark, Clifton, Coggins, Collier, Daniel, Davis of Burke, DeLacy, Dennard, Dugger, Fain, Fleming, Flynt, Foute, Frazer, Gallaway, Goodman,

Heery, Hill of Wilkes, Hobbs. Holden, Hooks, Howell, Hyers, Jenkins of Johnson. .Tohnson of Crawford, Johnson of DeKalb, Johnson of Jones, Johnson of Clinch, Jones of Baker, Jones of Chattooga, Lofley, Maxwell, McDonald,

Peacock, Perry, Reilly, Simmons, Sims of Lincoln. Sims of Wilkes, Smith of Calhoun, Snelson, Tanner. Tarver, l'atum, Tigner, Turner, Tyson. \Valker, Williams of Appling, :Mr. Speaker.

Yeas 35. Nays 70. Not voting 70.

So the resolution was lost.

Mr. Alderman moved to adjourn, which motion was lost.

Mr. Lewis offered the following resolution, to-wit:

Resolved, That tu-day's session be extended until 2 o'clock, for reading bills the second time, and that the House then adjourn till 9 o'clock, a. m. Monday.

Pending the conRideration of the resolution, Mr. Speer moved to adjourn.

Upon the motion to adjourn, Mr. Candler called for the yeas and nays, which call was sustained.

Upon the call ot the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Alderman, Arnold, Bates, Bush, Callaway, Foute, Gordon, Gunter, Hardeman,

Ham, Harper, Holt:r.claw, King, Lang, McArthur, Mitchell of Pike, :Murray,

Park, Perry, Rawk ::ipeer, Taylor, Tuck, Williams of Upson, Wright.

420

JouR~AL oF THE HousE.

Those voting in the negative were Messrs.-

Alexander,

Gilbert,

)lcCook,

Atkinson of Butts,

Griffin,

Yclnnis,

Atkinson of Columbia, Hall,

Mciver,

Atkinson of Coweta, Harrell of Decatur, Means,

Berner,

Harris,

Mitchell of Spalding,

Boone,

Herrington,

Mobley,

Brewton,

Hill of Meriwether, Montgomery,

Buxton,

Holden,

Morais,

Calvin,

Hood,

Mustin,

Campbell,

Humphreys of Brooks, Olive,

Candler,

Humphries of Screven, Peacock,

Carithers,

Huey,

Rankin,

Carlton,

Huff,

Reid,

Clement,

.Jenkins of Harris,

Sims of Wilkes,

Clifton,

.Johnsto!l of Campbell, Singleton,

Crenshaw,

.Johnson of Floyd,

Skelton,

Crowder,

Jones of Coweta,

Smith of Calhour\,

Davie,

Kendrick,

Smith of Decatur,

Davis of Elbert,

Kitchens.

Smith of Gwinnett,

Dodgen,

Knight,

Snead,

Duggan,

Lamar,

Thurman,

Fain,

Latham,

Twitty,

Felton,

Lawson,

Vandever,

Francis,

Lewis.

Veazey,

Fricks,

}fcDaniel,

\Varren.

Gamble,

McCalla,

\Vest.

Gholston,

Those not voting were Messrs.--

Albritton, Allred, Arnheim, Bell. Brady, Brown, Champion, Chew, Church. Clark, Coggins, Collier, Daniel, Davis of Burke, DeLacy, Dennard, Dugger,

Halliday, Hand, Harrell of Webster, Hart. Heery, Hill of Wilkes, Hobbs. Hooks. Howell, Hyers, Jenkins of Johnson, .Johnson of Crawford, .Johnson of DeKalb, Johnson of Jones, .Johnson of Clinch, Jones of Baker, Jones of Chattooga,

Oliver. O'Neill, Patterson, Postell, Reilly, Simmons, Sims of Lincoln, Smith of Wilkinson, Snelson. Stokes, Tanner, Tarver, Tatum, Tigner, Turner, Tyson . Venable,

SATURDAY, AUGUST 17, 1889.

421

Fleming, Flynt, Frazer, Gallaway, Glenn, Goodman, Hardage,

Kimble, Lolley, Mathews, Maxwell, McDonald, Mcintyre, ::\I organ,

Wal.ker, Ward, Whitaker, Williams of Appling, 'Williams of Telfair, Mr. Speaker.

Yeas 25. Nays 79. Not voting, 71.

So the m<>tion was lost.

The hour of adjournment having arrived, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Saturday~ August 17, 1889.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by Rev. Mr. Montgomery, of the county of Marion.
By unanimous consent, the roll' call was dispensed with.
Leave of absence was granted to the following members, to-wit : Messrs. Thurman, Morgan, Mobley, Snelson, McCalla, Kitchens, Boom\ Carithers and Vandever.
Mr. Gordon, chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
The Committee on Appropriations have had under consideration the following Senate resolution, which they have instructed me to report back to the House, with a recommendation that it do pass, to-wit :
A resolution to provide that the Treasurer shall not include in his annual report, as assets, certain property of the State which is worthless.
The committee have also had under consideration the following bill and resolution, which they have instructed

422

JouRNAL OF THE HousE.

me to report back to the House, with a recommendation that a bill to be entitled an act to amend section 936 of the Code, and for other purposes, be recommitted to Committee on Ways and Means.
Also, a resolution to establish a lunch aud refreshment stand in the basement of the Capitol, be recommitted to Committee on Public Property.
The committee have also had under consideration the following resolution, which they have instructed me to report back to the House, with a recommendation that it do pass, by substitute, to-wit:
A resolution providing for the disposal of the per diem of the Hon. N. M. Collins, deceased.
The committee has also had under consideration the following bill, which they have instructed me to report back, with a recommendation that it do pass, to-wit:
A bill to be entitled an act to alter and amend section 97 (a) of the Code of 1882, so as to provide a different book and method for registering the bonds of this State, and the payment of said bonds and such coupons thereof as may be paid by the Treasurer of the State.
Respectfully submitted. WILLIA){ W. GoRDON, Chairman.
Mr. Berner, chairman of the Committee on Geneml 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, with the recommendation that they do pass, to-wit:
A bill to provide for the regulation of railroad freight and passenger tariff, and for other purposes.
Also, a bill to ratify and confirm the orders and decrees of Superior Courts, granting or renewing the corporate ex-

SATURDAY, AUGUST 17, 18R9.

423

istence of religious, charitable aud educational associations, etc., do pass, as amended.
They also report back the following Senate bill, with the recommendation that it do pass, to-wit :
A bill to repeal sectiOn 359 of the Code of Georgia, in regard to the reception of United States prisoners in county jails.
Also, they instruct me to report the following bill back, with the recommendation that the author be allowed to withdraw it, to-wit:
A bill to repeal section 359 of the Code of Georgia.
Also, the following bill, with the recommendation that it be reported back and ref6rred to the committee appointed by the Speaker, to carry out the suggestion of the Governor in regard to Confederate soldiers, to-wit:
A bill to amend paragraph 1, section 1, article 7, of the Constitution.
Respeetful1y submitted. R. L. BERNER, Chairman.
Mr. Hill, of Meriwether, chairman of the Committee on Counties and County Matters, submit'ted the following report:

Mr. Speake?':
The Committee on Counties and County Matters have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that it do pass, to-wit:
A bill to prevent the hunting or netting of game in Gwinnett county, within a specified time, and for other purposes.
Respectfully submitted. H. W. HILL, Chairman.
Mr. Brady, chairman of the Committee on Agriculture, submitted tbe following report:

424

.JouRNAL oF THE HousE.

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they instruct me, as their chairman, to report back to the House, with a recommendation that they do pass, to-wit :
A Senate bill to be entitled an act to amend an act to prescribe the time for cutting turpentine boxes, and changing the time when it shall be unlawft.H tv cut such boxes from the 1st of November to the 15th of March in each year, and fixing tile penalty for the violation of the same, and for other purposes, approved September 22,1887.
Respectfully submitted. W. BRADY, Chairman.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:
llr. Speaker:
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to appropriate the sum of $15,000 for the erection of a dormitory at the Academy for the Blind in Macon.
Also, an act to provide for the registration of the qualified voters of Pierce county.
Also, an act to prohibit the making or selling of intoxicating liquors, within three miles of Nail's Creek B~ptist Church, in Banks county.
Also, an act to prevent the running at large, in the 749th District, G. M., of Clay county, of all horses, mules, cattle, sheep, goats and swine, and to provide penalties for its violation.
Also, an act to create a Board of Commissioners of Roads and Revenues for Clinch county.
Also, an act to prohibit the fishing or seining in Linton Lake or Sheldon Pond, in Thomas county,' without the consent of the owners thereof.

SATURDAY, AUGUST 17, 1889.

425

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

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they be read the second time, and recommitted, to-wit:
A bill incorporating the Dahlonega and Dawsonville Railroad Company.
Also, a bill amending an act incorporating the Waycross Air Line Railroad Company:
Also, a bill amending an act incorporating the Albany Street Railroad Company.
Also, a bill prescribing and fixing a penalty upon all railroad companies in this State, which fail to pay the State the taxes due by such railroad companies, by the first of October of each year.
Respectfully submitted. CLARK HoWELL, Chairman.
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 followin~ bills, which they instruct me to report back, with the recommendation that thev do pass, tO-Wit:
A bill to provide for the time and mode of perfecting service by publication.
Also, a bill to amend section 683 of the Code of 1882. Respectfully submitted.
ROBERT BERNER, Chairman.
By request of the Committee on Appropriations, House Bill No. 781 was recommitted to the Committee on Ways and Means.

426

JouRNAL oF THE HousE.

All"o, House resolution No. 117 was recommitted to the Committee on Public Property.
By ,unanimous consent, the following bills were introduced, read the first time, and referred, to-wit:
By Mr. Skelton, of HartA bill to provide for the procedure in divorce cases. Referred to Committee on General Judiciary.
By Mr. Gordon, of ChathamA resolution for the relief of the Metropolitan Plate
Glass Insurance Company. Referred to Committee on Appropriations.
By Mr. Reid, of PutnamA bill to provide for the appointment of a Superinten-
dent of Public roads, for the county of Putnam, and for other purposes.
Referred to Committee on Public Propel'ty.
By Mr. Church, of CatooosaA bill to amend section 3033 of the Code of 1882, by
providing that a railroad company shall be liable in every case fot any and all damage done to stock and other property, unless the company shows that its road bed was properly fenced by stock gaps, etc.
Referred to Committee on General Judiciary.
By Mr. McArthur, of MontgomeryA resolution to appropriate the sum of five hundred dol-
lars, for the purpose of procuring a life size oil painting of the Hon. John Milledge, late Governor of this State.
Referred to Committee on Appropriations.
By Mr. Williams, of UpsonA resolution to appropriate the sum of five hundred dol-
lars, tor the purpose of procuring a life size oil painting of the Hon. Hiram Warner, late Chief Justice of the Supreme Court of Georgia.
Referred to Committee on Appropriations.

SATURDAY, AuGusT 17, 1889.

427

By Mr. Sims, of WilkesA bill to incorporate the Washington and Lincolnton
Railroad Company, etc. Referred to Committee on Railtoads.
By Mr. Perry, ofGilmerA bill to incorporate the Ellijay Street Railway Com-
pany. Referred to Committee on Railroads.
By Mr. Speer, of NewtonA bill to amend a local act No. 276, regulating the stor-
age of guano or other commercial fertilizers in the city of Covington, Newton county, approved February 26, 1~77.
Referred to Committee on Special Judiciary.
By Mr. Atkthson, of Butts, (by request)A bill to provide for a just and equitable settlement of a
claim belonging to the estate of H. G. Cole. Referred to Committee on Appropriations.
By Mr. Herrington, of EmanuelA bill to amend section 4372 of the Code of 1882. RPferred to Committee on General Judiciary.
By Mr. Glenn, of WhitfieldA bill to amend the charter of the city of Dalton, GPor-
gia, and the acts amendatory the1eof, so a.R to authorize the Mayor and Council of said city to require all persons, firms, companies and corporations, doing business within the corporate limits of said city, to register their trade, calling or profession, with the Clerk of the Council, and to pay a fee therefor, etc.
Referred to Committee on COI'porations.
Also, a bill to amend the charter of the city of Dalton, and the actE> amendatory thereof, so as to authorize the Mayor and Council of said city to try certain misdemeanors, etc.
Referred to Committee on Corporations.
By Mr. Campbell, of JasperA bill to amend an act to reg~late the town of Monti-

428

JouRNAL oF THE HousE.

cello, in the county of Randolph, approved December 15, 1810, and the several acts amendatory thereof~ etc.
Referred to Committet~ on Corporations.

By Mr. Hardeman, of BibbA bill to provide compe!:!sation for the Clerk of the Su-
perior Court of Bibb county, for expenditures made by him in sending to the Supreme Court certain records.
Referred to Committee on Counties and County Matters.

By Mr. Venable, of FultonA bill to authorize the lessees of the Western and At-
lantic Railroad, to contract side tracks across the lines of other roads.
Referred to Committee on Western and Atlantic Railroad.

By Mr. Mustin, of Morgan-



A bill to establish a system of public schools in the city

of Madison; to levy and collect a tax for manufacturing and

supporting said schools, and for other purposes.

Referred to Committee on Education.

ThP following House bills were read the second time, to-wit:

A bill to ratify and confirm the orders ani! decrees of the Superior Courts of this State, granting or renewing the corporate existPnce of religious, charitable and educational associations, created under the act of February 19, 1876, and for other purposes.

Also, a bill to amend section 4 of an act to provide for

the sale of the western halt of lot letter G, in Perceval

ward, in the city of Savannah, and the improvements

thereon, known as the arsenal, to the Savannah Volunteer

I

Guards, etc.

Also, a bill to authorize John W. Bridges, of the county

of Montgomery, to peddle in said county without license.

Also, a bill to amend an act entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State, and for other purposes.

SATURDAY, AUGUST 17, 181:!9.

429

Also, a bill to incorporate the Sandy Springs Church and Camp Grounds, in Fulton county, etc.
Also, a bill prohibiting the sale of spirituous, malt ot intDxicating liquors within three miles of Sandy Springs Church and Camp Ground in Fulton county.
Also, a bill to amend section 3700 of the Code of Georgia of 1882, etc.
Also, a bill to require and provide for the registration .of voters in the county of Taliaferro, etc.
Also, a bill to authorize the Ordinaries of the counties of Ware and Clinch to have the line between the two counties plainly marked.
Also, a bill to require the owners of horses, mules, cows, and stock of all kinds, to keep the same from running at large upon the lands of another in the first district, and a portion of the second and ninth districts of Dooly county.
Also, a bill to amend the charter of the city of Greensboro.
Also, a bill to amend an act, approved September 5, . 1883, to reduce the corporate limits of the town of Shell-
man, Randolph county.
Also, a bill to alter and amend section 97 (a) of the Code of 1882.
Also, a bill to amend an act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer on county taxes, collected in Butts county, approved February 2R, 1876.
Also, a bill to prohibit the putting of fish traps, etc., in any water-course in Randolph county.
Also, a bill to incorporate the town of Mineral Blufl, in Fannin county.
Also, a bill to prohibit the sale of intoxicating liquors or bitters, within three miles of St. Mary's Masonic Institute, and Chattanooga Valley Baptist Church, in the county of Walker.

430

JouRNAL oF THE HoLSE.

Also, a bill to prohibit the sale of spirituous liquors within three miles of th~ Paptist Church at fork of Broad River, in Madison county.
Also, a bill to incorporate the town of Stillman, and for other purposes.
Also, a bill to amend an act to incorporate the town of Moreland, in the county of Coweta.
Also, a bill to amend an act to establish a Board of Commissioners for Screven county, approved September 23, 1885.
Also, a bill to incorporate the town of Hilton, in the county of Early.
By Mr. Lolley, of MaconA bill to alter and amend the road laws of the State, etc.
Also, a bill to incorporate the Dahlonega and Dawsonville Railway Company, and the same was recommitted to the Committee on Railroads.
Abo, 11 bill to incorporate the town of .Jenkinsburg, in Butts county.
Also, a bill to amend section 683 ot the Code.
Also, a bill to provide for the time and mode of perfecting service by publication.
By unanimous eonsent, the following bill was read the third time; the report ol the committee was agreed to, and the bill passed by the requisite constitutional majority, yeas 89, nays 0, to.-wit:
A bill to amend an act to incorporate the Gate City Gas Light Company, approved February 4, 1875, etc.
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 89, nays 0, to-wit:
A bill to amend an act to incorporate the Atlanta Gas Light Company, approved February 16, 1856, etc.

SATURDAY. AUGUST 17, 1889.

431

By unanimo~s consent, the fcllowing 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 90, nays 0, to-wit :
A bill to amend an act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Atlanta Trust and Banking Company, and to incorporate the stockholders of said Georgia Investment Company, etc.
The following Senate bill;; and resolutions were read the first time and appropriately referred, to-wit :
By Mr. Bartlett, of the 22d DistrictA resolution to appoint a joint standing committee on the
revision of bills. Referreq to Committee on Rules.
By Mr. Hall, of the 26th DistrictA tesolution discussing the suit instituted by the State,
to recover of H. J. Lamar certain mill property in the county of Butts.
Referred to Committee on Public Property.
By Mr. Rice, of the 3.5th DistrictA bill to amend an act establishing a new charter for the
city of Atlanta, approved February 28, 1874, and. the several acts amendatory thereof.
Referred to Committee on Corporations.
By Mr. Folks, of the 5th DistrictA bill to re-incorporate the town of Waycross, as the
city of Waycross, etc. Referred to Committee on Corporations.
By Mr. duBignon, of the 1st DistrictA hill to amend section 2967 of the Code of Georgia. Referred to Committee on General Judiciary.
By Mr. Bradwell, of the 2nd DistrictA bill to raise thebond of the Ordinary of Liberty coun-
ty to $5,000, etc. Referred to Committee on Counties and County Matters.

432

JouRNAL oF THE HousE.

By Mr. Lyle, of the 27th DistrictA bill to amend section 301 of the Code of 1882. Referred to Committee on General Judiciary.

By Mr. Boyd, of the 32nd DistrictA bill to incorporate the Knoxville Extension ofthe Dah-
lonega and Augusta Railroad Company. Referred to Committee on Railroads.

By Mr. Hall, of the 26th District-

A bill to require orders on fines and forfeiture funds to

be registered, etc.



Referred to Committee on General Judiciary.

By Mr. Whitfield, of the 20th DistrictA bill to incorporate the Brunswick, Athens and North-
westem Railroad Company. Referred to Committee on Railroads.

By Mr. Holmes, of the 16th DistrictA bill to prohibit the sale of spirituous, intoxicating or
malt liquors, within three miles of Lauren's Hill Baptist Church, in Laurens county.
Referred to Committee on Temperance.

The following Senate bills were read the second time, towit:

A bill to amend an act to incorporate the Albany Street Railroad Company, approved October 2:2, 1887, and recommitted to Committee on Railroads.

Also, a bi II to amend an act to incorporate the waycross Air-Line Railroad Company, and re-committed to Committee on Railroads.

Also, a bill to repeal section 359 of the Code of 1882.

Also, a resolution to povide that the Treasurer shall not include in his annual reports as assets, certain property of the State which is worthless.

Also, a bill to declare CouncilmeQ and Aldermen of towns and cities, ineligible, during their tem1 of office, to any other municipal office in said towns and cities.

MoNDAY, AuGusT 19, 1889.

433

Also, a bill to amend an act to prescribe the time for cutting turpentine boxes, etc., approved September 22, 1887.
Also, a bill to prevent the destruction of game in the county of Oconee, etc.
Also, a bill to amend the charter of the city of Albany.
Also, a bill to prevent the hunting, netting or trapping of certain game in Gwinnett county, etc.
Also, a bill to prescribe and fix a penalty upon all railroad companies in this State, which fail to pay to the State the taxes due by such railroad companies, by the first day of October in each year.
Re-committed to Committee on Railtoads.
Also, a bill to incorporate the town of Lovett, m the county of Laurens.
Also, a hill to repeal an act to provide for a Solicitor of the County Court of Oconee county.
Also, a bill to alter and amend the cha!"ter of the city of Cartersville, approved August 27, Hs72.
Upon motion, the House adjourned until Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
Monday, August 19, 1889.

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

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

Those present were Messrs.-

Albritton, Alderman,
28

Gunter, Hardeman,

Means, Mitchell of Pike,

434

JouR:sAL oF THF. HousE.

Allred,

Hardage,

Mitchell of Spalding,

Alexander,

Han,

Mobley,

Arnold,

Ham,

Montgomery,

Atkinson of Butts, Hand,

Morgan,

Atkinson of Columbia, Harper,

Morris,

Atkinson of Coweta, Harrell of Webster, Murray,

Bates,

Harris,

Mustin,

Bell,

Hart,

Olive,

Berner,

Heery,

Oliver,

Boone,

Herrington,

O'Neill,

Brady,

Hill of Meriwether, Park,

Brewton,

Hill of Wilkes,

Patterson,

Brown,

Hobbs,

Peacock,

Bush,

Holden,

Perry,

Buxton,

Hood,

Postell,

Callaway,

Hooks.

Rankin,

Calvin,

Howell,

Rawls,

Campbell

Humphreys of Brooks, Reid,

Candler,

Humphries of Screven, Reilly,

Carlton,

Huey,

Speer,

Champion,

Huff,

Simmons,

Chew,

Hyers,

Sims of Lincoln,

Church,

Jenkins of Harris,

Sims of Wilkes,

Clark,

Jenkins of Johnson, Singleton,

Clements,

Johnston of Campbell, Smith of Calhoun,

Clifton,

Johnson of Crawford, Smith of Decatur,

Collier,

Johnson of DeKalb, Smith of Gwinnett,

Crenshaw,

Johnson of Floyd, Smith of Wilkinson,

Crowder,

Johnson of Jones,

Snead,

Daniei,

Johnson of Clinch, Snelson,

Davie,

Jones of Chattooga, Stokes,

Davis of Burke,

Jones of Coweta,

Ta.nner,

Davis of Elbert,

Kimble,

Tarver,

DeLacy,

Kendrick,

Tatum,

Dennard,

King,

Taylor,

Duggan,

Knight,

Tigner,

Dugger,

Lamar,

Turner,

Fain,

Lang,

Tyson,

Felton,

Latham,

Twitty,

Fleming,

Lawson,

Tuck.

Flynt,

Lewis,

Veazey,

Foute,

Lofley,

Venable,

Francis,

Mathews,

Walker,

Frazer,

Ma"well,

Ward.

Fricks,

McArthur,

Warren,

Gallaway,

McDonald,

West,

Gamble,

McDaniel,

Whitaker,

MoNDAY, AuousT 19, 1889.

435

Gholston, Gilbert, Glenn, Goodman, Gordon, Griffin,

McCalla, McCook, Mcinnis, Mcintyre, Mciver,

Williams of Appling, Williams of Telfair. Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Carithers, tloggins, Dodgen, Halliday,

Harrell of Decatur. Holtzclaw, J oneE of Baker, Kitchens,

Skelton, Thurman, Vandever.

Mr. Atkinson, of Columbia, of the Committee on Journals, ret'orted that the Journ~l had been exawined and
approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Boone, Smith of Decatur, Reid, Humphries of Brooks, Alderman, Dodgen, Calvin, McCalla, Whitaker and Alexander.

Mr. Glenn, of Whitfield, offered the following resolution, which was unanimously adopted, to-wit:

WHEREAS, The death of the Hon. Louis Arnheim, a distinguished member of this House, has been made known to this House, and recognizing the great loss thus suftered by the State, therefore, be it-

Resolved, That a suitable committee of the House be appoined to confer with the relatives of the deceased to ascertain their wishes with reference to his interment.

Resolved 2nd, That a committee be appointed to present a suitable memorial upon his life and public services, and repo~t to this House next Saturday at 10 o'clock, a. m.

Resolved, 3rd, That the keepers of public buildings be requested to lowet the flags to haif mast at once.

Resolved 4th, That in order that each member of the House may attend the funeral, that this House do adjourn at 12, m., to-day.



436

JouRSAL OF THE HousE.

Mr. Davis, of Elbert, offered the following resolution, which was, upon motion of Mr. Bell, of Forsyth, tabled, to-wit:
Resolved, That debate in the Committee of the Whole House, on Bill No. 65, authorizing the lease of the Western and Atlantic Railroad, and all amendments thereto, be closed at 11 o'clock, a. m.,- to-morrow, the 20th instant.
By request, House Resolution No. 101 was recommitted to Committee on Appropriations.
Mr. Snelson, of Meriwether, offered the following resolution, which was, upon motion of Mr. West, of Habersham, indefinitely postponed, to-wit:
Resolved, That the tax payers of each county of the State are hereby requested to demand of their respective Representatives to show cause why they did not vote for the Snelson resolution, restricting the pay of the members to the time they are in session.
The Speaker announced the following named members a the Committee on Memorial, on the death of Hon. Louis Aarheim, to-wit: Messrs. Glenn, Harrell of Webster, Gordon, Berner, Felton, Calvin and Sims of Lincoln.
'fhe Speaker also annoonced the following named members as a committee to confer with the family of deceased, to ascettain their wishes with referencP to his interment, towit: Messrs. Simmons, Hall, Huff and West.
Upon motion of Mt. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Westem and Atlantic Railroad.
Mr. Fleming in the chair.
Mr. Fleming, chairman of the Committee of the Whole House, submitted the following report:

MoxDAY, AuGUST 19, 1889.

437

Jfr. Spenker:
The Committee of the Whole House have had under consitleration House Bill No. 65, which they instruct me, as their chairman, to report progress, and a~Sk leave to sit again, to-wit:
A bill to provide for the leaRe of the Western and Atlantic Railroad.
The committee appointed to conf~r with the family of our brother member, Hon. Louis Arnheim, deceased, respectfully submitted the following report, to-wit:
1st. The following are named as pall bearers, to-wit: Hon. A. S. Clay, R. L. Berner, D. B. Harrell of Webster, W. A. Huff, W. C. Glenn, HenryS. West, F. W. Hall, E. G. Simmons.
2nd. It is expected that each member of the House will attend the funeral, by invitation from the family.
There will be services at the house, No. 151 Whitehall Street, at 3:30 p. m., city time, August 19th, 1889.
Respectfully submitted. E. G. SIMMONS, Chairman.
The report of the committee relating to the interment of Hon. Louis Arnheim, deceased, was, upon motion of Mr. Simmons, of Sumter, unanimously adopted.
By unanimous consent, the following bill was introduced, read the first time, and referred to the Committee on Temperance, tJ-wit:
By Mr. Sims, of WilkesA bill to prohibit the manufacture or sale of intoxicating
liquors, or intoxicating medicated bitters, in any quantity whatever, in the county of Wilkes, except for medical, mechanical, scientific and. sacrimental purposes, and for other purposes.
Mr. Reid, of Putnam, offered the following resolution, to-wit:
Resolved, That the tax payers of Meriwether county, be

438

JouRNAL oF THE HousE.

requested to ask Mr. Snelson to explain why he was absent on last Friday, when a motion to adjourn. until Monday was being discussed in the House.
Mr. Hardeman, of Bibb, called .for the previous question, which call was sustained, and the, main question ordered.
Mr. Snelson arose to a question of personal privilege.
The resolution was then adopted.
By unanimous consent, the following bills and resolutions were introduced, read the first time, and referred, to-wit:
By Mr. Howell, of FultonA resolution relating to indexing the Journals of the
present adjourned term. Referred to Committee on Appropriations.
By Mr. Smith, of GwinnettA resolution to pay H. M. Beutell $168 tor postoffice
fixtures.
Referred to Committee on Appropriations.
By Mr. Mathews, of Houston, (by request)A bill to amend section 4579 of the Code of 1882. Referred to Committee on Temperance.
By Mr. O'Neil, of FultonA bill to require the Clerks of the Superior Courts in
counties having therein a city of ten thousand inhabitants, or in which two or more Judges of the Superior Court may preside in bank, to keep two books of Minutes; one for the civil and the other for the criminal business of said court.
Referred to Committee on General Judiciary.
By Mr. Howell, of FultonA resolution authorizing the Governor to draw a war-
rant on the Treasurer for $5,019.59, in favor of the city of Atlanta, in full payment for the State's pro rata share of the cost of the pavement improvement of streets abutting property belonging to the State.
Referred to Committee on Appropriations.

MoNDAY, AuGusT 1&, 1889.

439

By request of the Committee on Lunatic Asylum, the following named members were added to said committee, to-wit: Messrs. Thurman, Foute, McDaniel, Brewton and Reid.
By unanimous consent, the following bili 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 abolish the County Court of Jefferson county, and for other purposes.
.l.lfr. 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 amend an act to constitute a Board of Commissioners for the county of Meriwether, approved December 14, 1871.
Also, an act to authorize, empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah to the Savannah Volunteer Guards, of eight feet of the pavement on the south side of President street.
Also, an act for the protection ot gam~ in the county ot Burke.
Also, an act to prohibit the putting of fish traps and other
obstructions in the Pataula Creek and its trib'utaries, in the
counties of Stewart, Randolph, Quitman and Clay.
Also, an act to abolish the offi<'e of Commissioner of Roads and Revenues of Forsyth county, t!tc.
Also, an act to change the fall term of the Superior Court of Emanuel county.
Also, a resolution fixing the compensation of the Chap-

440

JouRNAL l'F THE HousE.

lains of the Senate and House of Representatives at two dollars per diem for the present adjourned session.
Also, a resolution for the relief of Jeff Bell, Of Cherokee county.
Also, an act to incorporate the Perry Loan and Savings Bank.
Also, an act to incorporate the Augusta and West Florida Railroad.
Respectfully submitted. IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the C:ommittee 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 for the protection of game in the county of Burke.
Also, an act to amend an act to constitute a Board of Commissioners for the county of Meriwether, approved December 14, 1871.
Also, an act to authorize, empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah, to the Savannah Volunteer Guards of certain lands.
Respectfully submitted. IvY W. DuGGAN, Chairman.
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 ma jority, yeas 91, nays 0, to-wit:
A bill to incorporate the town of Lovett, in the county of Laurens, etc.
The hour of adjournment having arrived, the Speaker declared the HouRe adjourned until to-morrow morning at 9 o'clock.

TuESDAY, AuGUST 20, 1889.

441

A'ILANT~, GEORGIA,
Tuesday, August 20, 1889.

The House met pursuant to adjournment; called to order by the Speaker, and opene9 with prayer by the Rev.. Mr. Allred, of the county of Pickens.

The roll was called and the following members answered to tlH~ir names :

Those present were Messrs.-

Albritton,

Gunter,

Mcintyre,

Alderman,

Hardeman,

Mciver,

Allred,

Hardage,

Means,

Arnold,

Hall,

Mitchell of Pike,

Atkinson of Butts, Halliday,

Mitchell of Spalding,

Atkinson of Colurnbia, Ham.

Mobley,

Atkinson of Coweta, Hand,

Montgomery,

Bates,

Harper,

Morgan,

Bell,

Harrell of Webster, Morris,

Berner,

Harris,

Murray,

Boone,

Hart,

Mustin,

Brady,

Heery,

Olive,

Brewton,

Herrington,

Oliver,

Brown,

Hill of Meriwether, O'Neil,

Bush,

Hill of Wilkes,

Park.

Buxton,

Hobbs.

Patterson,

Callaway,

Holtzclaw,

Peacock,

Calvin,

Holden,

Perry,

Campbell,

H:>od,

Postell,

Candler,

Hooks,

Rankin,

Carithers,

Howell,

Rawls,

Carlton,

Humphreys of Brooks, Reilly,

Champion,

Humphries of Screven, Speer,

Chew,

Huey,

Simmons.

Chu-ch,

Huff,

Sims of Lincoln,

ClarK,

Hyers,

Sims of Wilkes,

Clements,

Jenkins of Harris,

Singleton,

Clifton,

Jenkins of Johnson, Skelton,

Coggits,

Johnston of Campbell, Smith of Calhoun,

Colliet',

Johnson of Crawford, Smith of Gwinnett,

Crenshaw,

Johnson of DeKalb, Smith of Wilkinson,

Crowder,

Johnson of Floyd,

Snead,

Daniel,

Johnson of Jones,

Snelson,

Davie,

Johnson of Clinch, Stokes,

Davis of Burke,

Jones of Baker,

Tanner,

Davis of Elbert,

Jones of Chattooga, Tatum.

442

JOURNAL OF THE HousE.

DeLacy, Dennard, Duggan, Dugger, Fain Felton, Fleming, Flynt, Foute,' Francis, Frazer, Fricks, Gallaway, Gamble. Gholston, Gilbert, Glenn. Goodman, Gordon, Griffin,

Jones of Coweta, Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lofley, Mathews, Maxwell, McArthur, McDaniel, McCalla, McCook, Mcinnis,

Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Alexander, Dodgen, Harrell of Decatur,

McDonald, Reid, Smith of Decatur,

Tarver, Vandever.

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed. Leave of absence was granted to the following members, to-wit: Messrs. Brady, Johnson of Campbell, Davie of Hall, Herrington and Knight.

By unanimou~ consent, the following bills were introduced, read the first time, and rf'ferred, to-wit:

By Mr. Harris, of FloydA bill to authorize such banks as are, or may be appointed,
State depositories in this State, to give guarantee companies as securities on their bonds, or in lieu of executing any bond, to deposit with the Treasurer of this State, fifty thousand dollars in bonds of the State of Georgia, or in bonds of any county or city of this State, as shall be approved by the Governor.
Referred to Committee on Ways and Means.

TUESDAY, AUGUST 20, 1889.

443

By Mr. Postell, of GlynnA bill to incorporate the Merchants' and Traders' Bank
of Brunswick, etc. Referred to Committee on Banks.
By Mr. Venable, of FultonA bill to repeal an act entitled an act to provide for the
appointment of a Board of Examiners for engineers operating stationary engines and boiler? under steam pressure, for Fulton eounty, etc., approved October 24, 18~7.
Referred to Committee on Special Judiciary.
Mr. Berner, chairman of the Committee on General J udiciary 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, with the recommendation that they do not pass, to-wit :
A bill to alter and amend section 4662 of the Code of 1882.
Also, a bill to amend section 3971 of the Code.
Also, a bill to allow trust estates to be created and continued for females.
Also, a bill to presmibe a mode for the collection of costs
on insolvent .fi. jas. in Justices Courts after return of nulla
bona.
Also, a bill to regulate practice in Justices Courts in claim cases, where executions are issued in another county.
They also recommend that House Bill No. 526 be returned to the House and be recommitted to the special committee appointed by the Speaker to carry out the suggestion of the Governor in regard to Confederate soldiers.
Respectfully submitted. R. L. BERNER, Chairman.
By unanimous consent, the following bill was read the

444

JouRNAL oF THE HousE.

third time; the report of the committee was agreed to, as amended; and the bill passed, as amended, by the requisite constitutional majority, yeas 105, nays 0, to-wit:
A bill to incorporate the Thomasville and Suburban Railroad Company, and for other purposes.
By unanimous consent, the following 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 99, nays 0, to-wit:
A bill to provide for the payment of the insolvent miminal costs of the Clerk and Sheriff of the Superior Court of the county of Columbia, where there is no fund or sufficient fund for this purpose ansing from fines and forfeitures.
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 96, nays 0, to-wit:
A bill to grant a charter to organize a bank in Blakely, Early county, to be known as the Bank of Blakely, for the purpose of doing a general banking business.
By request, the bill was ordered to be immediately transmitted to the Senate.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to; the proper legal proofs wete exhibited, aud the bill passed by the requisite constitutional majority, yeas 99, nays 0, to-wit:
A bill relating to compensation of Commissioners of the county of Clay.
By unanimous 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 93, nays 0, to-wit:
A bill to incorporate the Augusta and Western Railroad, etc.

TuESDAY, AuGUST 20, 1889.

445

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 92, nays 0, to-wit:
A bill to alter and amend the road laws of this State, so far as relates to the county of Chattooga, and authorizing the 01dinary of said county to levy and collect a tax for road purposes.
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 96, nays 0, to-wit:
A bill to authorize and empower, ratify and confirm, the granting by the Mayor and Aldermen of the city of Savannah to Andrew Hanly, of eight (8) feet of and from the south side of President street, between Whitaker street and St. James square, in said city of Savannah, and for other purposes.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a CommitteP of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Rail road.
Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, 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. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad, which th~y instruct me, as their chairman, to report progress and ask leave to sit again.
Mr. Duggan, chairman of the f::ommittee on Enrollment, submitted the following report :

446

JOURNAL OF THE HOUSE.

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 abolish the office of Commissioner of Roads and Revenues of Forsyth county.
Also, au act to prohibit the putting of fish traps and other obstructions in the Pataula Creek, in Stewart, Randolph, Quitman and Clay counties.
Also, an act, changing the fall term of the Superior Court of Emanuel county.
Also, an act to incorporate the Augusta and West Florida Railroad.
Also, an act to incorporate the Perry Loan and Savings Bank,
Also, a resolution for the relief of Jeff Bell, of Cherokee county.
Also, a resolution fixing the compensation of the Chaplain'! of the Senate and House of Representatives at two dollars per diem for the present adjourned 1-lession.
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 or" the Speaker of the House and President of the Senate, the following act, to-wit :
Au act to incorporate the Cumming and Warsaw Railroad Company.
Respectfully submitted. IvY W. DuGGAN, Chairman.

WEDNESDAY, AUGUST 21, 18~9.

447

Mr. Harrell, chairman of Committee on Ways and Means, submitted the following report.

Mr. Speaker:
The Committee on Ways and Means have had under consideration the following resolution, which they instruct me to report back, with the recommendation that it do pass, as amended, to-wit :
A resolution for the relief of Baldy Ryalls, former Tax: Collector of Dodge county, and his securities.
Respectfully submitted.
D. B. HARREJ,L, Chairman.
Upon motion, the House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Wednesday, August 21, 1889.

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

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

Those present were Messrs.-

Albritton,

Hardeman,

Alderman,

Hardage,

Allred,

Hall,

Arnold,

Halliday.

Atkinson of Butts, Ham,

Atkinson of Columbia, Hand,

Atkinson. of Coweta, Harper,

Bates,

Harrell of Decatur,

Bell,

Harrell of Webster,

Berner,

Hart,

Boone,

Heery,

Brewton;

Herrington,

Brown,

Hill of Wilkes,

Means, Mitchell of Pike. Mitchell of Spalding, Mobley, Montgomery, Morgan, Morris, Murray.
Mustin, Olive, Oliver, O'Neil, Park,

448

JouRNAL OF THE HousE.

Bush, Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Champion, Chew, Chureh, Clark, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Duggan, Dugger Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Aoodman, Gordon, Griffin, Gunter,

Hobbs,

Patterson,

Holtzclaw,

Peacock,

Holden,

Perry,

Hood,

Postell,

Hooks,

Rankin,

Howell,

Rawls,

Humphreys of Brooks, Reid,

Humphries of Screven, Reilly,

Huey,

Speer,

Huff,

Simmons,

Hyers,

Sims of Lincoln,

Jenkins of Harris,

Sims of Wilkes,

.Jenkins of Johnson, Singleton,

.Johnston of Campbell, Skelton,

Johnson of Crawford, Smith of Calhoun,

Johnson of DeKaJb, Smith of Gwinnett,

,Johnson of Floyd,

Smith of Wilkinson,

Johnson of Jones,

Snead,

.Johnson of Climh, Snelson,

.Jones of Baker,

Stokes,

Jones of Chattooga, Tanner.

,Jones of Coweta,

Tarver,

Kimble,

Tatum,

Kendrick,

Taylor,

King,

Thurman.

Kitchens,

Tigner,

Knight,

Turner,

Lamar,

Tyson,

Lang,

Twitty,

Latham,

Tuck,

Lawson,

Vandever,

Lewis,

Vea>:ey,

Lofley,

Venable,

)!athews,

Walker,

)lax well,

Ward,

McArthur,

\Varren,

McDonald,

West,

)lcDaniel, McCalla,

\Vhitaker, Williams of Applin~.

)lcCook,

"Williams of Telfair

)lclnnis,

Williams of Upson

Mcintyre,

Wright,

)lcher,

)fr. Speaker.

Those absent were Messrs.-

Alexander, Brady,

Dodgen, Harris.

Hill of Meriwether. Smith of Decatur.

WEDNESDAY, AuousT 21, 1889.

449

Mr. Harper, chairman of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
By request of Mr. McArthur, of Montgomery, House Bill No. 436 was withdrawn.
Leave of absence was granted to the following members, to-wit: Messrs. Smith of Gwinnett, Brady and Hooks.
Mr. Harrell, of Webster, chairman of the Committee on 'Vays and Means, submitted the following report:

Mr. Speaker:
The Committee on 'Vays and Means have had under consideration the following bill of the House, which they report back, with the recommendation that it do pass, .as amended, to-wit :
A bill authorizing the Governor to issue bonds for the State, and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt, which falls due October 1, IR90, not otherwise provided for, and for other purposes connected therewith, and -for other purposes.
Respectfully submitted. DA YID B. HARRELL, Chairman.
By unanim9us consent, the following bills were introduced, read the first time, and appropriately referred, to-wit:
By Mr. Hart, of GreeneA bill to incorporate the U~ion Point and Elberton
Short Line Railway Company. Referred to Committee on Railroads.
Also, a bill to incorporate the Woodville, Penfield and Oconee Valley Railroad.
Referred to Committee on Railroads.
By Mr. Clifton, of ChathamA bill to provide for the appointment of Inspector of 29

450

JouRNAL OF THE HousE.

Weights and Measures, in the several counties in this State. Referred to Committee on Gene~l Judiciary.
By Mr. Rankin, of GordonA bill to amend the acts creating and relating to the
Board of Commissioners of Roads and Revenues for the county of Gordon.
Referred to Committee on Counties and County Matters.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to ; the proper legal proo~ were exhibited, and the bill passed by the requisite constitutional majority, yeas 101, nays 0, towit:
A bill to require the owners of horses, cows, sheep, hogs, and other stock of all kinds, to keep the same from running atlarge upon the lands of another in the first district, and a portion of the second and ninth districts of Dooly county, Georgia, etc.
Mr. Fricks, of Franklin, offered the following resolution, which was, upon motion of Mr. Wil1iams, of Upson, tabled, to-wit:
Resolved, That when this House goes into the Committee of the Whole, for the further consideration of House Bill No. 65, that the speeches on said bill and amendments thereto, be limited to thirty minutes each.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, 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. 65, to-wit:

"'EDNESDAY, AUGUST 21, 1889.

451

A bill to provide for the lease of the Western and Atlantic Railroad, which they instruct me, as their chairman, to report progress and ask leave to sit again.
The following message was received from the Senate, through Mr. Harris, the Secretary thereof:
Mr. Speaker:
The Senate has passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to alter and amend section 874 (c) of the Code of 18~2; yeas 31, nays 0.
Also, a bill to amend an amended charter of Maysville ; yeas 30, nays 0.
Also, a bill to amend the act to incorporate the Atlanta Mutual Insurance Company ; yeas 30, nays 0.
The Senate has also passed the following House bills, by the requisite constitutional majority, to-wit :
A bill to establish the County Court of Screven county ; to repeal all local conflicting laws, and for other purposes; yeas 31, nays 0.
Also, a bill to amend the game law of Houston county; yeas 28, nays 0.
Also, a bill to prohibit the sale of liquor in any quantity within five miles of any church in Dodge county; yeas 31, n~ys 0.
Also, a bill to prescribe the manner of granting licenses to sell spirituous or intoxicating liquors in Telfair county; yeas 30, nays 0.
Also, a bill to amend the act incorporating the Hartwell Loan and Savings Bank; yeas 29, nays 0.
The Senate has also passed the following bills of the House, with certain amendments, in which it asks the concurrence of the House, to-wit:
A bill to incorporate the town of McRae, in the county of Telfair; yeas 30, nays 0.

452

JouRNAL oF THE HousE.

Also, a bill to provide for the appointment of trustees of the University of Georgia ; by the Governor, to reduce the number of the same ; to fix their compensation, and for other purposes ; yeas 30, nays 0.
The Senate has also passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to require wholesale dealers, venders of one gallon, and venders of less than one gallon, to obtain a license therefor, etc.; yeas 32, nays 0.
Also, a bill to amend an act, approved December 24, 1888, entitled an act to amend an act, approved October 24, 1887, entitled an act to carry into effect the last clause of article 7, section I, paragraph 1, of the Con'ltitution of 1877; yeas 31, nays 0.
Also, a bill to afford additional protection to farmers and other purchasers, against fraud and imposition in the sale of commercial fertilizers and chemicals in this State; yeas 33, nays 3.
The Senate has also passed the following House bills by the requisite constitutional majority, to-wit:
A bill to incorporate the Pank of Vienna; yeas 30, nays 0.
Also, a bill to prescribe the manner of electing Commissioners of Roads and Revenues of Thomas county, etc.; yeas 30, nays 0.
Also, a bill to provide for a commutation tax in lieu of road work in any militia district, in the county of DeKalb: yeas 29, nays 0.
Also, a bill to transfer and change the county of Dooly from the Oconee Judicial Circuit, to the Southwestern, and fer other purposes; yeas 32, nays 0.
Upon motion of Mr. Snelson, of Meriwether, three hun<lred copies of the amendment proposed by Mr. Harrell, of Webster, to House Bill No. 65, were ordered printed for the use of the House.

WEDNESDAY, At:GFST 21, 1889.

453

Upon motion of Mr. Rankin, the House resolved itself into a committee of the Whole, for the further conRideration of Houl'le Bill No. 65.
Mr. Fleming, of Richmond, in the chair.
Mr. Fleming, of Richmond, chairman of the Committee of the Whole House, submitted the following report:

.Mr. Spwker:
The Committee of the Whole House have had under consideration House Bill No. 6.5, which they instruct me as their chairman, to report progress, and ask L~ave to sit again, to-wit:
A bill to provide for the lease of the 'Vestern and Atlan-
tic Railroad.
The following message was received from. His Excel-
lency, the Governor, through Mr. ,V. H. Harrison, Clerk
of the Executive Department:
M1. 6peaker:
The Governor has approved the following acts and resolutions of the General Assembly, to-wit:
An act to amend an act to constitute a Board of Commissioners for the county of Meriwether.
Also, an act to authorize, empower, ratify and confirm the granting, by the Mayor and Aldermen of the city of Savannah, to the Savannah Volunteer Guards, of eight (8) feet of the pavement on the pavement, on the south side of President street, between Whitaker street and Wright square, in the city of Savannah, etc., for the erection of an arsenal.
Also, an act for the protection of game in the county of Burke.
Also, an act changing the fall term of the Superior Court of Emanuel county.
Also, an act to incorporate the Perry Loan and Savings' Bank.

454

JouRNAL oF THE HousE.

Also, an act to incorporate the Augusta and West Florida Railroad, and for other purposes.
Also, an act to prohibit the putting of fish traps and other ohstructions in the Pataula Creek and its tributaries, in the counties of Stewart, Randolph, Quitman and Clay, and for other purposes.
Also, an act to abolish the office of Commissioner of Roads and Revenues of Forsyth county; to confer all the powers and duties of said office upon the Ordinary.
Also, a resolution fixing the compensation of the Chaplains of the Senate and Honse of Representatives.
Also, a resolution to relieve Jefferson Bell, A. B. Brannon, J. M. Turner, A. E. Byers, C. M. Stones and H. J. Holcombe, sureties upon tne bail bond of Henry Cook.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report:

Mr. Speake'r :
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 amend an act to incorporate the Hartwell Loan and Savings Bank, approved October 24, 1887.
Also, an act to prescribe the manner of granting licf::nse to sell liquors in Teffair county.
Also, an act to amend the game law of Houston county.
Also, an act to establish the County Court of Screven county.
Also, an act to change Dooly county from the Oconee to the Southwestern Circuit.
Respectfully Rubmitted. Ivv W. DuGGAN, Chairman.
Mr. Duggan, chairman of the Committee on Enrollment, submitted the following report :

THURSDAY, AuGUST 22, 1889.

455

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 act, to-wit:
An act to transfer Dooley county from the Oconee to the Southwestern Judicial Circuit.
Respectfully -submitted.
IvY W. DuGGAN, Chairman.
Upon motion of Mr. Jones, of Baker, the House adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA, Thursday, August 22, 1889.

The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by the Rev. Mr. Atkinson, of the county of Butts.

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

Those present were Messrs.-

Albritton,

Hardeman,

Alderman,

Hardage,

Allred,

Hall,

Alexander,

Halliday,

Arnold,

Ham,.

Atkinson of Butts, Hand,

Atkinson of Columbia, Harper,

Atkinson of Coweta, Harrell of Decatur,

Bates,

Harrell of Webster,

Bell,

Harris,

Berner,

Hart,

Boone,

Beery,

Brady,

Herrington,

Brewton,

Hill of Wilkes,

Brown,

Hobbs,

Buah,

Holtzclaw,

Buxton,

Holden,

Means, Mitchell of Pike, Mitchell of Spalding,
~Iobley,
Montgomery, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park, Patterson, Peacock, Perry, Postell, Rankin,

456

JouRNAL oF THE HousE.

Callaway, Calvin, Campbell

Hood,

Rawls,

Howell,

Reid,

Humphreys of Brooks, Reilly,

Candler, Carithers, Carlton,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Champion, ()burch,

Hyers, .Jenkins of Harris,

Sims of Wilkes, Singleton,

Clark,

Jenkins of Johnson, Skelton,

Clements,

Johnston of Campbell, Smith of Calhoun,

Clifton,

.Johnson of Crawford, Smith of Decatur,

Coggins,

Johnson of DeKalb, Smith of Gwinnett,

Collier, Crenshaw,

Johnson of Floyd, .John~on of Jones,

Smith of Wilkinson, Snead,

Crowder,

Johnson of Clinch, Snelson,

Daniei,

J oneE of Baker,

Stokes,

Davie,

Jones of Chattooga, Tanner,

Davis of Burke,

Jones of Coweta,

Tarver,

Davis of Elbert,

Kimble,

Tatum,

DeLacy,

Kendrick,

Taylor,

Dennard,

King,

Thurman,

Duggan,

Kitchens,

Tigner,

Dugger,

Knight,

Turner,

Fain,

Lamar,

Tyson,

Felton,

Lang,

Twitty,

Fleming,

Latham,

Tuck.

Flynt,

Lawson,

Vandever,

Foute, Francis,

Lewis, Lolley,

Veazey, Venable,

Frazer,

~Mathews,

1Valker,

Fricks,

Maxwell,

)Yard,

Gallaway, Gamble, Gholston,

McArthur, McDonald,
~Daniel,

Warren, West, Whitaker,

Gilbert,

McCalla,

Williams of Appling,

Glenn,

McCook,

Williams of Telfair,

Goodman,

Mcinms,

Williams of Upson,

Gordon,

Mcintyre,

Wright,

Griffin,

Mciver,

Mr. Speaker.

Gunter,

Those absent were Messrs.-

Vhew,

Hill of Meriwether,

Dodgen,

Hooks,

:l'Iorgan.

Mr. Atkinson, of Columbia, of the Committee on Jour-

nals, rei'orted that the Journal had been exawined and

approved. The Journal was then read and confirmed.

THUR!,;DA Y, AUGUST 22, 1889.

457

Leave of absence was granted to the following members,

to-wit: Messrs. Chew, Morgan, Hardage, Carithers, Fain,

Huey, and Smith of Wilkinson.



By request of Mr. Park, of Greene, House Bill No. 289 was recommitted to the Committee on Agriculture.

The following resolution by 1\h. Bell, of Forsyth, was read and agreed to, to-wit :

WHEREAS, By the death of Hon. Louis Arnheim, vacan-

cies have occurred in several of the Committees of the House of which he was a member. The1efore, be it

.

Resolved, That the Speaker be nnd he .is hereby requested,. to fill said vacancies at once.

1\lr. Harrell, of Decatur, offered the following resolution, which was, upon motion, referred to Committee on Rules, to-wit:

\VHEREAS, A large proportion of the General Assembly is composed of farmers and business men, and their private business will very soon require their presence at home, and

WHEREAs, The expense to the tax payers of Georgia is about fifteen hundred dollars per day to run the Legislature, and for the purpose of shortening the session of the General Assembly, therefore, be it

Resolved, That from and after Monday next the sessions of the House of Representatives shall.be had as follows: Convene at 9 o'clock, a. m.; adjourn at 1 o'clock, p. m. ; reconvene at 3 o'clock, p. m., and adjourn at 5 o'clock, p.m.

Mr. Harrell, of Webster, chairman pro tem. of the Committee on Rules, submitted the following 1eport:

M1. Speaker:
The Committee on Rules have had under consideration the following Senate resolution, which they instruct me, as their chairman, to report back, with the recommendation that it do not pass, to-wit:

458

JouRNAL oF THE HousE.

A resolution to appoint a joint standing committee on the Revision of Bills, etc.
Respectfully submitted. D. B. HARRELL, Chairman pro tem.
Mr. Sims, 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 of the House, which they report back, with the recommendation that it do not pass, to-wit :
A bill to be entitled an act to establish the office of Jail Inspector, and for other purposes.
Mr. Foute, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :
The Committee on Temperance have had under consider-ation the following bills, which they direct me to report back to the House, with the recommendation that the same do pass, to-wit:
Senate Bill No. 201, which is a bill to be entitled an act to prohibit the sale of spirituous or malt or vinous liquors, by the gallon or larger quantities, in the county of Harris, unless the seller shall pay a tax of twenty-five dollars to the county, and obtain the written con<;ent of two-thirds of the bonafide citizens, free-holders, within three miles of the locality where the same is sold, and for other purposes.
Also, House Bill No. 480, to prohibit the sale of spirituous, malt or intoxicating liquors, within two miles of Braswell Academy, in Morgan county, and for other pu;poses.
Also, House Bill No. 806, to prohibit the manufacture or sale of spirituous liquors, within three miles of Nazareth Protestant Methodist Church, in Gwinnett county, and for other purposes.

THURSDAY, AUGUST 22, 1889.

459

Also, House Bill No. 808, to prohibit the sale or furnishing of spirftuous, malt or intoxicating liquors or bitters in any quantity, in all that portion of the 788th District, G. M., of Heard county, lying east of the Chattahoochee River, in said county, and for other purposes.
Also, the following House Bill, No. 377, which they recommend do pass by substitute, to-wit :
A bill to establish an agency in the county of Oglethorpe for the purpose of selling liquors for medical purposes ouly.
A-lso, House Bill No. 484, which they recommend the author be allowed to withdraw, to-wit:
A bill to prohibit the manufacture or sale of spirituous liquors within .five miles of Bethlehem Missionary Baptist Church, in Dodge county.
Also, House Bill No. 710, to incorporate Moore's Grove Baptist Church, in Clarke county, so as to prohibit the sale of intoxicating liquors within three miles of the same, which they recommend do pass, as amended.
Also, House Bill No. 805, which they recommend do pass by substitute, to-wit:
A bill to amend an act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county, approved February 17, 1877, and for other purposes.
Respectfully submitted. A.M. FouTE, Chairman.
Mr. Oindler, chairman of the Committee on Education, submitted the following report:

Mr. Speaker :
The Committee on Education have had under consideration Resolution No. 54 of the House, which is a resolution memori~lizing Congress to pass the Blair Bill, and I am directed to report the same back to the House, with the recommendation that it do not pass.

460

JouRNAL OF THE HousE.

Also, House Bill No. 504, which I am directed to report

back to the House, with the recommendation that the author

be allowed to withdraw.



Also, House Bill No. 817, which is a bill to be entitled an act to establish a system of public schools in the city of Dawson, which I am directed to report back, with the recommendation that it do pass, as amended.

Also, House Bill No. 836, which is a bill to authorize the levying and collecting of an ad valorem tax in Coffee county, for the purpose of extending the common school term therein, with the recommendation that it do pass.
Respectfully submitted. C. M. CANDLER, Chairman.

Mr. Berner, chairman of the Committee on General J udiciary 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, with the recommendation that it do pass, to-wit:
A bill to relieve Eugene Binion as surety, on the penal bond of Hen_ry Turner.
They also instruct me to report the following bill back, with the recommendation that it do not pass, to-wit:
A bill to amend section 4372 of the Code of 1882, by striking the proviso therefrom.
They also instruct me to report back the following bill, with the recommendation that the author be allowed to withdraw it, to-wit:
A bill to provide for drawing jurors In certain felony cases.
Respectfully submitted. R. L. BERNER, Chai_rman.

Mr. Albritton, chairman pro tem. of the Committee on

THURSDAY, AUGlTST 22, 1889.

461

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 they instruct me to report back to the House, with the recommendation that it do pass, to-wit:

A bill to prevent stock from running at large in the 757th District, G. M., in Macon county, Georgia.
Respectfully submitted. M. L. ALBRITTON, Chairman protem.

Mr. Huff, of Bibb, offered the following resolution, to-wit:

A resolution appointing a committee of five to communicate in writing with the Hon. Joseph E. Brown, President of the Western and Atlantic Railroad Lease Company, requesting him to make to this House in writing a plain, definite and distinct statement in regard to the nature, character and amount of any claim or claims, which he, as President of the Lease Company, would hke to have presented to this General Assembly, and for other purposes.

Mr. Fricks, of Franklin, moved to table the resolution.

Upon this mution, Mr. Huff called tor the yeas and nays, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.--

Albritton, Allred, Atkinson of Butts, Atkinson of Coweta, Bell, Berner, Boone, Brewton,
.Brown,
Buxton,
. Callawav,

Gholston, Gilbert, Gordon, Griffin, Hand, Harper, Harrell of Decatur, Harris, Hart, Heery, Hobbs,

Mitchell of Spalding, :Mobley, Montgomery, Morris, Murray, Peacock, Perry, Postell, Reilly, Speer, Singleton,

462

JOURNAL OF THE HousE.

Campbell, Candler, Carlton, Champion, Church, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dugger, Felton, Fleming, Flynt, Foute, Fricks, Gallaway, Gamble,

Holtzclaw, Holden, Huey, Johnson of Crawford, Jones of Baker, Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, King, Knight, Latham, Lawson, Lewis, McDaniel, McCook, Means, Mitchell of Pike,

Skelton, Smith of Calhoun, Smith of Decatur, Snead, Snelson, Stokes, Tatum, Taylor, Thurman, Tigner, Turner, Twitty, Tuck, Veazey, Walker, Ward, Warren, Wright.

Those voting in the negative were Messrs.-

Arnold,

Harrell of Webster, Olive,

Atkinson of Columbia, Hill of Wilkes,

Oliver,

Brady,

Hood,

O'Neil,

Bush,

Howell,

Patterson,

Calvin,

Humphreys of Screven, Rankin,

Clark,

Huff,

Rawls,

Clements,

Hyers,

Reid,

Clifton,

Jenkins of Johnson, Simmons,

Coggins,

Johnston of Campbell, Sims of Lincoln

Collier,

Johnson of Floyd,

Sims of Wilkes,

Crenshaw,

Johnson of Jones,

Smith of Gwinnett,

Dennard,

Johnson of Clinch, Smith of Wilkinson,

Fain,

Lamar,

Tarver,

Francis,

Lang,

Tyson,

Frazer,

Lolley,

Vandever,

Goodman,

~lathews,

Venable,

Gunter,

Maxwell,

West,

Hardeman,

McArthur,

Whitaker,

Hardage,

McDonald,

Williams of Appling,

Hall,

Mcinnis,

Williams of Telfair,

Halliday,

Mcintyre,

williams of Upson.

Ham,

Mciver,

Those not voting were MeEsrs.-

Alderman, Alexander, Bates,

Glenn, Herrington, Hill of Meriwether,

Kitchens McCalla, Morgan,



THURSDAY, AUGUST 22, 1889.

463

Carithers, Chew, Dodgen, Duggan,

Hooks,

.Mustin

Humphreys of Brooks, Park,

Jenkins of Harris,

Tanner,

Johnson of DeKalb, Mr. Speaker.

Yeas 88. Nays 65. Not voting, 21:

So the resolution was tabled.

By unanimous consent, the following House bill was taken up, and the Senate amendments thereto were concurred in, to-wit:

A bill to ptovide for the appointment of trustees of the University of Georgia, by the Governor, to reduce the number of the same, and for other purposes.

By unanimow;; consent, the following bill was introduced, read the first time, and rE>ferred, to-wit:

By Mr. Davis, of ElbertA bill to amend the charter of the town of Elberton, in
the county of Elbert, etc. Referred to Committee on Corporations.

By unanimous 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 95, nays 0, to-wit:
A bill to amend an act incorporating the Chattanooga Railway Company, etc.
By unanimous consent, the following Senate resolution was taken up, and the report of the committee, which was adverse to the passage of the resolution, was agreed to, and the resolution was lost, to-wit:
A resolution to appoint a joint standing committee on the revisions of bills.
Upon motion of Mr. Rankin, of Gordon, the House resolved itself into a Committee of the Whole, for the further consideration of House Bill No. 65, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Fleming in the chair.

464

JouRNAL OF THE HousE.

Mr. Fleming, chairman of the Committee of the Whole House, submitted the following report:

Jfr. Speaker :
The Committee of the Whole House have had under consilleration House Bill No. 6.5, which they instruct me, as their chairman, to report progress, and ask leave to sit again, to-wit:
A bill to providf! for the lea~e of the Western and Atlantic Railroad.
By request of the Committee on General Judiciary, Mr. Mathews, of Houston, was added to said committee.
By request of Mr. Coggins, of Banks, House Bill No. 370 was taken from the table and placed upon the calendar.
Mr. Tigner, of Muscogee, offered the following resolution, which was, upon motion of Mr. Tatum, of Dade, tabled, to-wit:
A resolution relating to claims for betterments of the lessees of the 'Vestern and Atlantic Railroad against the State.
By unanimous consent, the following bills anrl resolutions were introuuced, read the first time, and referred, to-wit:
By Mr. Smith, of DecaturA bill to prohibit the sale, manufacture, exchange or fur-
nishing of spirituous, malt, vinous or other intoxicating liquors, bitters or beer in any quantity within' five miles of . Fowltown Methodist and Christian Church, in Decatur county, etc.
Referred to Committee on Temperance.
By Mr. Gamble, of Jefferson- . A resolution for the relief of A. E. Tar vet, Jr., security
on the bond of Hattie Hicks. Referred to Committee on Approptiatious.
Mr. Smith, of Gwiunett, moved to adjourn until to-morrow morning at 9 o'clock.

THURSDAY, AUGUST 22, 1889.

465

Upon this motion, Mr. Lewis, of Hancock, called for the yeas and nays, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Albritton, Bell, Buxton, Coggins,

Collier, Davie, Davis of Burke, Jenkins of Johnson,

Singleton, Smith of Gwinnett, Veazey.

Those voting in the negative were Messrs.-

Allred,

Heery,

Montgomery,

Arnold,

Herrington,

Morris,

Atkinson of Butts,

Hobbs,

Murray,

Atkinson of Columbia, Holtzclaw,

Mustin,

Atkinson of Coweta, Holde,n,

Olive,

Berner,

Hood,

Oliver,

Boone,

Humphries of Screven, Park,

Bush,

Hyers,

Patterson,

Callaway,

Johnston of Campbell, Perry,

Calvin,

Johnson of DeKalb, Postell,

Campbell,

Johnson of Floyd,

Rankin,

Carlton,

Johnson of Jones,

Reid,

Champion,

Johnson of Clinch, Reilly,

Church,

Jones of Coweta,

8peer,

Clements,

Kendrick,

Simmons,

Crenshaw,

King,

Sims of Lincoln,

Daniel,

Knight,

Sims of Wilkes,

DeLacy,

Lamar,

8kelton,

Duggan,

Lang,

Smith of Decatur,

Fleming,

Latham,

Snead,

Flynt,

Lawson,

Tarver,

Foute,

Lewis.

Tatum,

Francis,

Mathews.

Taylor,

Frazer,

Maxwell,

Thurman,

Fricks,

McArthur,

Tigner,

Gamble,

McDonald.

Turner,

Gordon,

McDaniel,

Tyson,

Griffin,

McCalla,

Twitty,

Gunter,

McCook,

Tuck,

Hardeman,

Mcinnis,

Walker,

Ham,

Mcintyre,

Ward,

Hand,

Mciver,

Warren,

Harper,

Means,

Williams of Telfair,

30

466

JouRNAL OF THE HousE.

Harrell of Decatur. Harris, Hart.

Mitchell of Pike, Mobley,

Williams of Upson, Wright.

Those not voting were Messrs.--

Alderman, Alexander. Bates, Brady, Brewton, Brown, Candler. Carithers, Chew. Clark, Clifton, Crowder, Davis of Elbert. Dennard. Dodgen, Dugger, Fain, Felton, Gallaway.

Gholston,

Kimble,

Gilbert.

Kitchens,

Glenn,

Lolley,

Goodman,

)fitchell of Spalding,

Hardage,

)!organ,

Hall,

O'Neil,

Halliday.

Peacock,

Harrell of Webster. Rawls,

Hill of Meriwether. Smith of Calhoun,

Hill of 1Yilkes,

Smith of Wilkinson,

Hooks.

Snelson.

Howell,

Stokes,

Humphreys of Brooks, Tanner,

Hney.

Vandever,

H nff.

Venable,

.Jenkins of Harris.

West,

.Johnson of Crawford, 'Vhitaker,

Jones of Baker.

'Villiams of Appling,

,Jones of Chattooga. )[r. Speaker.

Yeas 11. Nays IOfi. Not voting, 57.

So the motion to adjourn wa:; l",.;t.

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

JII1. Speaker :
The Committee ou Railroads have had under consideration the following bills, which it instructs me to report back, with the recommendation that they do pass, as amended, to-wit :
A bill to ineorporate the Georgia Northern Railroad Company.
Also, a hill to ineorporatl tht Dahlon<>ga and Dawsonville Railroad Company.
Also, a bill to repeal an act to d,elarc the head of navigation of Ocmnlgee river, etc.

FRIDAY, AUGUST 23, 1889.

467

Also, a bill of the Senate, to amend an act to incorporate

the Albany Street Railroad Company.

.

Respectfully submitted.

CLARK HowELL, 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 oi the Speaker of the House
and President of the Senate, the following acts, to-wit:
An act to ptohibit the sale of liquors in any quantity within five miles of any church in Dodge county.
Also, an act to provide for a commutation tax in lieu of road work in DeKalb county.
Also, an act to inc,;rporate the Bank ot Vienna.
Also, an act to amend an act, approved February 20, 1873, creating a Board of County Commissioners for the counties of Camden, Thomas and Echols, etc.
Also, an act to provide for the Felection of trustees fm the State University.
Respectfully submitted. IvY \V. DuGGA:s", Chairman.
Upon motion, the House then adjourned until to-morrow morning at 9 o'clock.

ATLANTA, GEORGIA,
Friday, August 23, 1889.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by the Rev. ::\:Ir. Latham, oft he county of CherokeP.
The roll was -:ailed and the following incm bers answered to their names:

468

JouRNAL OF THE HousE.

Tb ose present were Messrs.-

Albritton,

Hardeman,

~leans,

Alderman,

Hardage,

Mitchell of Pike,

Allred,

Hall,

Mitchell of Spaldine;,

Arnold,

Halliday,

Mobley,

Atkinson of Butts,

Ham,

Montgomery,

Atkinson of Columbia, Hand,

Morgan,

Atkinson of Coweta, Harper,

Morris,

Bates,

Harrtlll of Decatur, Murray,

Bell,

Harrell of Webster, Mustin,

Berner,

Harris,

Olive,

Boone,

Hart,

Oliver,

Brady,

Heery,

O'Neil,

Brewton,

Herrington,

Park,

Brown,

Hill of Wilkes,

Patterson,

Bush,

Hobbs,

Peacock,

Buxton,

Holtzclaw,

Perry,

Callaway,

Holden,

Postell,

Calvin,

Hood,

Rankin,

Campbell,

Howell,

Rawls,

Candler,

Humphreys of Brooks, Reid,

Carithers,

Humphries of Screven, Reilly,

Carlton,

Huey,

Speer,

Champion,

Huff,

Simmons,

church,

Hyers,

Sims of Lincoln,

Clark,

.Jenkins of Harris,

Sims of Wilkes,

Clements,

.Jenkins of Johnson, Singleton,

Clifton,

.Johnston of Campbell, Skelton,

Coggins,

Johnson of Crawford, Smith of Calhoun,

Collier,

Johnson of DeKalb, Smith of Decatur,

Crenshaw,

John~on of Floyd,

Smith of Gwinnett,

Crowder,

Johnson of Jones,

Snead,

Daniel,

Johnson of Clinch, Snelson,

Davie,

Jones of Baker,

Stokes,

Davis of Burke,

,Jones of Chattooga, Tanner,

Davis of Elbert,

Jones of Coweta,

Tarver.

DeLacy,

Kimble,

Tatum,

Dennard,

Kendrick;

Taylor.

Duggan,

King,

Thurman,

Dugger,

Kitchens,

Tigner,

Fain,

Knight,

Turner,

Felton,

Lamar,

Tyson,

Fleming,

Lang,

Twitty,

Flynt,

Latham,

Tuck,

Fonte,

Lawson,

Vandever,

Francis,

Lewis,

Veazey,

Frazer,

Lofley,

Venable,

FRIDAY, AuGUST 23, 1889.

469

Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman. Gordon, Griffin, Gunter,

:Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre. Mciver,

Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telf11ir, Williams of Upson, Wright, Mr. Speaker.

Those absent were Messrs.-

Alexander, Chew.

Dodgen, Hill of )Ieriwether,

Hooks, Smith of Wilkinson.

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to-wit: Messrs. Candler, Peacock, Skelton, and J0hnson of Crawfi)rd.

Mr. McDonald, of "\\rare, rose to a question of personal

privilege.

1



Upon motion of Mr. Rankin, the House resolved itself

into a Committee of the Whole, for the further considera-

tion of Honse Bill No. 65.

Mr. Fleming, of Richmond, in the chair.

Mr. Fleming, of Richm01cd, chairman of the Committee of the Whole House, submitted the following rel?ort:

."f'fr. Speaker:
The Committee of the Whole House have had under consideration House Bill No. 65, which they instruct me, as their chairman, to report the same back to the House, with the recommendation that the bill do pass by substitute, as amended, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Mr. Mathews, of Houston, moved that the further con-

470

JouRNAL oF THE Honm.

>'idl'ration of Hou;;:e Bill 1\o. 65 be dl'fenl'd until Tuesday moming next, and that three hundred copies of the substituh, as amended, lw printed fiH the use of the House.

Upon this motion, the yeas and nay;; were called for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Mess1s.-

Albritton,

Harper,

}!orris,

Atkinson of Columbia, Harrell of Decatur,

~Mustin,

Atkinson of Coweta, Harrell of Webster, Olive,

Berner,

Harris.

Olher,

Brady,

Herrington,

O'Neil,

Brewton,

Hobbs.

Park,

Buxton,

Holtzclaw,

Rankin,

Campbell,

Hood,

Rawls,

Carithers,

H umphrie8 of Screven, Reilly,

Carlton,

.Johnston of Campbell, Sims of Wilkes,

Clements,

Johnson of DeKalb, Smith of Decatur,

Clifton,

.Johnson of Floyd,

8mith of Gwinnett,

Coggins,

Johnson of Jones,

Tanner.

Collier,

Kendrick,

Tarver,

Crenshaw,

Kit<' h e n s ,

Tigner,

Crowder,

Lofiey,

Turner,

Davis of Burke,

)iathews,

Tyson,

Dennard,

}lax well,

Twitty,

Francis,

McArthur,

Tuck,

Gallaway,

McDaniel,

Vandever,

Goodman,

}lcCalla,

West,

Gordon,

McCook,

Whitaker,

Hardem>tn,

:Mcinnis,

Williams of Appling,

Halliday,

Mcintyre,

Williams of Telfair,

Ham,

Montgomery,

Williams of Upson.

Hand,

Those voting in the negative were Mess1s.-

Allred, Arnold, Bates, Bell, Boone, Brown, Bush, Callaway,

Frazer, Fricks, Gamble, Gholston, Griffin, Gunter, Hall, Hart.

Latham, L>twson, Lewis, )feans, Mitchell <>f Pike, Murray. Postell, Reid,

FRIDAY, AUGUST 23, 1889,

471

Calvin, Church, Daniel, Davie, Davis of Elbert, DeLacy, Duggan, Dugger, Felton, Fleming, Flynt, Fonte,

Heery, Holden, Huff, Johnson of Clinch, Jones of Baker, Jones of Chattooga, Jones of Coweta, Kimble, King, Knight, Lamar, Lang.

Speer, Singleton, Skelton, Snead, Stokes, Tatum, Thurman, Veazey, Walker, Ward, Warren, Wright.

Those not voting were Messrs.-

<\.lexander, Alderman, Atkinson of Butts, Candler, Champion, Chew, Clark, Dodgen, Fain, Gilbert. Glenn, Hardage, Hill of MeriwethP.r,

Hill of Wilkes,

Morgan,

Hooks,

Patterson,

Howell,

Peacock,

Humphreys of Brooks, Perry,

Huey,

Simmons,

Hyers,

Sims of Lincoln,

Jenkins uf Harris,

Smith of Ca)houn,

Jenkins of Johnson, Smith of Wilkinson,

.Johnson of Crawford, Snelson,

McDonald,

Taylor,

Mciver,

Venable,

:Mitchell of Spalding, Mr. Speaker.

Mobley,

Yeas 76. Nays 60. Not voting 38.

So the motion prevailed, and the further consideration of the bill was deferred until Tuesday next.

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

Jh-. Speaker :
The Senate has passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to amend an act entitled an act to establish a County Board ot Commissioners for the county of Bibb, by a vote of yeas 28, nays 0.
Also, a bill to change the time of holding the Supe,rior Court of Colquitt county, by a vote of yeas 27, nays 0.

0



472

, .JouRNAL oF THE HousE.

Also, a bill to amend an act to crPate a Board of Commissioners for the county of Liberty, by a vote of yeas 29, nays 0.
Also, a bill to amend an act to cany into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, by a vote of yeas 25, nays 0.
Also, a bill to declare certain mills, factories, manufacturing or other enterprises, nuisances, and to provide for abating the same, by a vote of yeas 29, nays 0.
Also, a bill to pre.scribe when petition for certiorari shall be presented for sanction, and for other purposes, by a vote of yeas 30, nays 0.
Also, a bill to authorize and require the Mayor and Aldermen of the city of Milledgeville to elect City Assessors, by a vote of yeas 29, nays 0.
Also, a bill to amend sub-section 6, of section 267, of the Code of 1882, by a vote of yeas 29, nays 0.
The Senate has also agreed to the following resolution, in which they ask the concurrence of the House, to-wit:
A resolution authorizing the Governor to tender the use of the hall of the House of Representatives to the ex-Confederate V ete!'ans' Association.
The Senate has also passed the following House bill, as amended, to-wit:
A billl to create a public school system for the city of Forsyth, by a vote of yeas 25, nays 0.
Mr. Sims, of Lincoln, 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 they instruct me to report back, with the recommendation that it do pass by substitute, to-wit:

FRIDAY, AUGUST 23, 1889.

473

A bill to create a Board of Health for the State of Geor-

gia.

Respectfully submitted.

J:rw. SIMS, Chairman.

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

lUr. Speaker :
The Committee on Corporations have had under consideration the following bills, which they recommend do pass, to-wit:
House Bill No. 845, to amend the charter of the city of Dalton, and acts amendatory thereof, and for other plll'poses.
Also, House Bill No. 846, to amend the charter of the city of Dalton.
Also, bill No. 861, to amend the charter of the town of Elberton.
Also, the following bills, which they recommend do not pass, to-wit :
HouRe Bill No. 788, to amend the charter of Warrenton.
Also, House Bill No. 794, to amend section 11, of the charter of the town of Warrenton.
Also, the following bills, which they recommend do pass, with amendments herewith submitted, to-wit:
House Bill No. 733, to incorporate the Union Real Estate Trust Company.
Also, House Bill No. 572, to amend an act to incorporate a town called Warsaw, approved March 5, 1856, which they recommend do pass by substitute herewith submitted.
Respectfully submitted. THOS. G. LAWSON, Chairman.
Mr. Park, chairman pro tem. of the Committee on Agriculture, submitted the following report:

474

JouRNAL OF THE HousE.

Mr. Speaker:
The Committee on Agriculture have had under consideration the following bills, which they instrn<>t me to report back, with the recommendation that they do pass, to-wit:
A hili to regulate and define the liability of a person illegally employing the servant, cropper, farm laborer or tenant of another.
Also, a bill to amend sec.tion 4500 of the Code of 1882, in regard to persons employing the. servant, employees, tenants, etc., of another, and for other purpol"es.
Respectfully submitted. J. B. PARK, Chairman.

1\h. Olive, chairman of the Committee on Special Judiciary, submitted the following report:

~~11-. 8peaket :
The Committee on Special Judiciary have had under consideration the following bills, which they instruct me to report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to repPal an act to provide for the registration of vottrs in Walton county, etc.
A !so, a bill to be entitled an act to change the time of hol,ling the Superior Court of Bibb county, etc.
Also, a bill to b.e entitled an act to provide for the payment of insolvent criminal costs of Justices' of the Peace, etc., in Hancock county, etc.
Also, a bill to be entitled an act to authorize Judges of County Courts of this State, to alternate in said courts.
Also, the following bills, which they instruct me to report baek, with the recommendation that they do not pass, to-wit:
Senate Bill No.190,entitled an act to abolish the County Court of Laurens county.

FRWA Y, A UGIJST 23, 18t!9.

47.'5

Also, House Bill No. 657, entitled an act to allow D. M. Aaron to peddle in this 8tate.

Also, Hou:-;e Bili-:No. 814, entitled an act to change the time for holding the Superior Court of Douglas county, etc.

Also, the following bill, which they instruct me to report back, with the recommendation that it do pass by substitute, to-wit :

House Bill No. 523, entitled an act to amend an act
entitled an act create a Board of Commissioners of Roads
and Revenues for the counties of Ware and McDuffie, as far as relates to McDuffi~, etc.

Also, the following bill, which they instruct me to report back to the House, with the recommendation that it be recommitted to the Committee on \Vays and Means, to;wit:

A bill to be entitled an act to amend section 943 (a) of

the Code, so as to make a solvent chartered bank in Darien

a State depository.

Respectfully submitted.

J. T. OLIVE, Chairman.

Mr. Duggan, chairman of the Committee on Enrollment, submitted the fo!lowing report:

Mr. Speake1 :
The Committee on Enrollment rep(n'ts as duly enrolled, signed by the Speaker of the House and President of the Senate, and deliYered to His Excellency, the Governor, the following acts, to-wit :
An act to establish the County Court of Scteven county.
Also, an act to prescribe the manner of granting license to sell intoxicating liquors in Telfair county.
Also, an act to amend an act to incorporate the Hartwell Loan and Savings' Bank, approved October 24, IR87.
Also, an act to amend the game law of Houston county.
Also, an act to incorporate the Cumming and \Varsaw Raitroad Company.

476

JouRNAL oF THE HousE.

Also, an act to incorporate the Bank of Vienna.
Also, an act to prohibit the sale of liquor within five miles of any church in Dodge county.
Also, an act to provide tor a commutation tax in lieu of road wot'k in DeKalb county.
Also, an act to ame.nd an act, approved Febmary 20, 1873, creating a Board of County Commissioners tor the counties of Camden, Thomas and Echols.
Also, au act to provide for appo.mtmg trustees to t he State University.
Respectfully submitted. IvY "\V. DuGGAN, Chairman.

Mr. Albritton, chairman protem. of the Committee on Conntie~ and County Matters, submitted the following report:

Mr. Speaker:
The Committee on Counties and County Matters have had under consideration the folhwing bill of the House, which they instruct me to report bdck, with the recommendation that it do pHss by substitute, to-wit :
. A bill to prohibit the running at large ot cattle and stock of all kinds in 785th District, G. M., of Schley county.
Respectfully submitted. M. L. ALBRITTON, Chairman protem.

By Qnanimous consent, the following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit:
A bill to create a public school system for the city of Forsyth in the county of Monroe, etc.
Also, a bill to incorporate the town of McRae in the county of Telfair.
By unanimous consent, the following bills wPre introduced, read the first time and ref<'rred, to-wit:

FRIOAY, AUGUST 23, 1889.

477

By Mr. Allred, of PickensA bill to appropriate the entire rental of the Western
and Atlantic Railroad to the support of the common schools .of this State.
Referred to Committee on Education.
By Mr. Patterson, of BibbA bill to provide an additional method of asserting the
lien of livery stable keepers in this State. Referred to Committee on Temperance.
By Mr. Fonte, of BartowA bill to alter and amend an act entitled an act to amend
the charter of the town of Adairsville, in Bartow county, approved October 15,1887, by striking from said act section 17 thereof.
Referred to Committee on Temperance.
Also, a bill to prohibit the !Sale, vending ot' furnishing of alcoholic, vinous or malt liquors or intoxicating liquorlS of any kind, within three miles of Oathcaloga Valley Baptist Church, in Bartow county.
Referred tu Committee on Temperance.
By Mr. Oliver, of EarlyA bill to amend section 4072 of the Code of 1882. Referred to Committee on General Judiciary..
By Mr. Simmons, of SumterA bill to amenci the charter of the city of Americus, etc. Referred to Committee on General Judiciary.
By Mr. Davis, of BurkeA bill to provide for the payment of insolvent turnkey
fees of the Sheriff of Burke county. Referred to Committee on Counties and County Matters.
By Mr. Postell, of GlynnA bill to amend an act to consolidate and amend the !Sev-
eral acts incorporating the city of Brunswick, etc., approved February 25, 1876, so as to authorize and empower, the Mayor and Council to levy a special tax solely for public

478

JouRNAL OF THE Hol!SE.

school purposes, of one-tenth of one per centum, upon a fair valuation of the taxable property in the city.
Referred to Committee on Special Judiciary.
By Mr. Carlton, of TroupA bill to amend the charter of the citv of LaGrange, Ga. Referred to Committee on Corporations.
By Mr. Harrell, of DPcatur, (by request)A bill to extend certain privileges to disabled or maimed
Confederate soldiers. Referred to Committee on \Vays and Means.
By unanimous com;ent, 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 9:3, nays 0, to-wit:
A bill to incorporate the Richmond County Belt Line Railway Company, etc.
The Speaker announced the following named members to fill vacancies caused by the death of Hon. Louis Arnheim:
Committee on Ways and Means-Mr. Gilbert, of Mu~ cogee.
Committ~e ou Appropriation~-Mr. Humphries, of Screven.
Committee on \Vestern and Atlantic Railroad-~Ir. Gordon, of Chatham.
Committee on Penitentiary-Mr. Thurman, of Walker. Committee on Railroads-Mr. Hardeman, of Bibb.
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 97, nays 0, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Bryan, and for other purposes.
By unanimous consent, the following bill was read the third time; the report of the committee was agreed to ; the

FRIDAY, AuGUST 23, 1889.

479

proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 97, nays 0, to-wit:
A bill to amend, codify, revise and supersede the several acts incorporating t.he town of Tho>masville.
By unanimous consent, the following bill was read the third time; the report of the committee Wds agreed to; the proper legal proofs were exhibited, and the bill passed by the requisite constitutional majority, yeas 90, nays 0, t0-wit:
A bill to amend an act to incorporate the Thomasville Street Railway Company, approved December 26, 11'!88.
Mr. Holtzclaw, of Houston, offered the following resolution, which was read and agreed to, to-wit:
Resolved, That amendments proposed to the substitute for House Bill No. 65, may be sent to the Clerk's desk by noon to-morrow, and that all amendments offered by said time, shall be printed, and 200 copies of the same furnished for the use of the House.
By unanimous eonsent, the fqllowing 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 95, nays 0, to-wit:
A bill to authorize and empower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right-of-way, depot, and other priVileges, etc.
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 passed by the requisite constitutional majority, yeas 93, nays 0, to-wit:
A bill to prohibit the sale of seed cotton in the county of Baldwin, and county of Harris from the 15th of August to the 15th of December of each year, etc.
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

480

JouRNAL oF THE HousE.

passed by the requisite constitutional majority, yeas .89, nays 0, to-wit :

A bill to amend the charter of the city of Milledgeville, relating to the election of MarAhal and D~puty Marshal, etc.

By unanimous consent, 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 req:uisite constitutional majority, yeas 95, nays 0, to-wit:

A bill to authorize and require the registration of all voters in the county of Fulton, in this State, and to provide methods of such registration, etc.

Mr. Hart, of Greene, offered the following resolution, which was read and referred to the Committee on Rules, to-wit:

Resolved, That questions of person.al privilege are not to

be extended to mean that a member may use it for the pur-

pose of abuse of another member, and that it shall be the

duty of the Speaker to call to order any member who uses

the privileges for the purpose of abuse or to vilify a mem-

ber.



Leave of absence was granted to the following members, to-wit: Messrs. McCook, DeLacy, Atkinson of Columbia, Gunter, Brady, Bell, Taylor, Williams of Upson, Tarver, Kendrick, West, Postell, Whitaker, Holden, Mitchell of Spalding, Mcintyre, Perry and Olive.

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

ATLANTA, GEORGia,
Saturday, August 24, 1889.
The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by Rev. Mr. Maxwell.
Upon motion, the roll call was dispensed witb.

SATURDAY, AUGUST 24, 1889.

481

Mr. Thurman, of the Committee on Journals, reported that the Journal had been examined and approved.
The Journal was then read and confirmed.
Mr. Snelson rose to a question of personal privilege.
Leave of absence was granted to the following members, to-wit: Messrs. Harrell of Webster, Smith of Decatur, Reid, Arnold, Mobley, Clark, Ham and Boone.
Mr. Park, chairman pro tem. 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, as amended, to-wit :
A bill to appropriate five thousand dollars to the State Agricultural Society annually, and for other purposes.
They also instruct me to report the following bill back, with the recommendation that it do not pass, to-wit:
A bill to amend the guano inspection laws of this State.
They also, instruct me to report the following bill back, with the recomnHndation that the author be allowed to withdraw it, b-wit:
A bill to amend section 12 of the act establishing an experimental station and farm, and for o~her purposes.
Respectfully submitted. JAs. B. PARK, Chairman protem.
.Mr. Berner, chairman of the Committee on General J udiciary, 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, with the recommendation that it do pass to-wit:
31

482

JouRNAL oF THF. HousE.

A bill to repeal section 659, of the Code of 18R2, in regard to the making up the list of road workers.
Respectfully submitted. RoBT. L. BERNER, Chairman.
Mr. Candler, chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
The Committee on Education have had under consideration House Bill No. 186, which is a bill to be entitled an act to enable any county to levy and collect an ad valorem tax for school purposes, and to provide how the money raised shall be used, and I am directed to report the same back to the House, with the recommendation that it do pass by substitute.
Respectfully submitted. C. M. CANDLER, Chairman.
Mr. Lawson, chairman of the Committee on Corporations submitted the fOllowing report:
Mr. Speaker :
The Committee on Corporations have had under consideration the following House bills, which they recommend do pass, to-wit :
Bill No. 828, to amend the charter of the city of Athens.
Also, bill No. 830, to extend the corporate limits of the city of Columbus.
Also, bill No. 847, to amend the charter of Monticello.
Also, bill No. 865, to amend the charter of the city of LaGrange, which they recommend do pass with amendments herewith submitted.
THos. G. LAWSON,Chairman.
Mr. Calvin, chairman pro tem. of the Committee on Rules, submitted the following report:
Mr. Speaker:
The Committee on Rules have had under consideration

SATURDAY, AUGUST 24, 18~9.

483

the following resolution, which they instruct me to report

the same back, with a recommendation that they do pass,

by substitute, to-wit:



A resolution fixing the hours of meeting and adjournment of the House of Representatives.

Also, a resolution in reference to questions of personal privilege.
Respectfully submitted.
MARTIN V. CALVIN, Chairman.

By unanimous consent., the report of the Committee on Rules was taken up, when the following resolution was read, to-wit:

By Mr. Hart, of GreeneResolved, That questions of personal privileges are not to
be extended to mean that members of the House can indulge in language that is abusive of another member, and that it shall be the duty of the Speaker to at once call any member to order who seeks to use the privileges of the floor for the purpose of abuse, vilifying or recriminating a member.

The Committee on Rules recommend the same do pass by substitute, to-wit:

Resolved, That should any member, in addressing the House, use unparliamentary language, he shall be held to be in contempt of the House, and shall be dealt with as prescribed in rule 17, now of force.

Resolved, further, That no member shall occupy the floQ.r on a question of privilege a longer time than ten minutes, unless his time be extended by a vote of the House.

:M:r. Lewis, of Hancock, proposed to amend by striking the word ten, and using "five" in lieu thereof.

Upon the resolution, substitute and amendment, Mr. . Hardeman, of Bibb, called for the previous question, which call was sustained, and the main question o!"dered.

The yeas and nays were called for, which call was not sustained.

484

JouRNAL OF THE HousE.

The resolution was t!:en adopted by substitute, as amended.
Pending the consideration of the resolution relating to the hours of meeting and adjourning of the House, the hour fixed by resolution for the memorial services of Hon. Louis Arnheim having arrived, the further consideration was dispensed with.
Mr. Glenn, ow Whitfield, chairman of the Committee on Memorial St?rvices of Hon. Louis Arnheim, submitted the following report and resolutions:

Jfr. Speake1 :

Your Committt?e, appointed upon the life and public services of Hon. L')uis Arnheim, of the county of Dougherty, submit the following report and accompanying- resolution~, to-wit:

Louis Arnheim was .born in Mecklenburg, Germany, in

March, 1852, and came to America in 1868; was for a short

while a resident of the western portion of the United States;

moved to Georgia in the fall of the year 1868, and located

in the county of Dougherty, where he was, for a ,time, em-

ployed as an olinary laborer upon the track of a railroad.

Friends, realizing his\vorth, advi-sed him to adopt the pro-

fession of the law, which he did, and was admitted to the

practice of the law before the Hon. G. J. \Vright, at Al-

bany, Georgia. He there continued the practice of his pro-

fession until the year 1884, when he was elected and served

his county as her representative, being I"e-elected and serv-

ing his county- until his death in Atlanta on the 18th of

August, 1889.



In December of 1885 he was married to Ida Victoria

Mayer, daughter of the Hon. Davicl Mayer, of the city of

Atlanta. Two children were the fruit of this union.

He was a Mason, a member. of the B'bnai Brith, and

other benevolent asaociations.

Mr. Arnheim was one of the most prominent representa-

tives of the Hebrew race in the State of Georgia. His

SATURDAY, AvousT 24, 1889.

485

views were those of the liber!!-1 and progressive Hebrew type, which, while doing all it could for the particular race with which it belonged, yet within its breadth and liberality of view, comprehended Gentile as well as Jew.
As a lawyer, he was noted for his patient preparation, his close attention to the causes which he represented, and his fidelity and zeal in the advocate of his client's interest.
As a member of the Legislature, he devoted himself to a thorough understanding of the financial conditwn of the State, and acquired an accurate and intimate knowledge of bet entire monetary system. Perhaps no man in Georgia better knew the monetary condition of the State, or had a .more clear and accurate view to the demands to which she was subjected, and her methods and abilities to meet the same.
Those of us who served in the How;;e and on committees with him well know how minute he was in his inqueries, .how careful he was with his facts, and how cautious in his conclusions when dealing with some question of interest to the people of the State at large. Upon the floor of the House he was always clear, earnest and impressive.
But, perhaps, the greatest part of Mr. Arnheim's character was not in his professional and public, but his private life. In his don~estic relations he was a tender husband and affectionate father. Those whom he has left behind him best know how to appreciate the depth and feeling that characterized his entire life.
In his relation with the outside world the same tenderness of heart always manifested itself in his deeds. Generous to all, with a broad charity that covered all the failings and faults of our race, he was ever ready, with either words or purse, to soothe and alleviate the sorrows of the unfortunate. In all charitable movements he was prominently identified, and leaves behind him a name, not only with his own race, b~t with all whom he came in contact. It might, in short, be said of him, that in whatever relation of life he was placed, he knew his duty, and he did it fully. As

486

JouRNAL OF THJo~ HousE.

a citizen, as a lawyer, as a QitJmber of the Legislature, he

always came up to the full stature of a man.

There can be no better iilustration of what an earnest:

honest and truthful man may accomplish, than the record

of his life. Coming among us without friends, without the

antecedent of race to assist him, by his devotion to duty and

his worth as a man, he secured an enviable position among

his contemporaries.

Realizing the loss which we, his family and the State

have suffered, we beg leave to submit the following resolu-

tions, to-wit:



Resolved, That in the death of the Hon. Louis Arnheim, the Legislature of this State and the State at large, has sus- tained a loss which is almost irreparable.

Resolved,jurther, That we extend our sympathies to the bereaved family, and that we deeply feel that their loss is also ours.

Jtesolved, further, That a page of the Journal of this House be dedicated to his memory, upon which <;ball be inscribed his name, date of birth and death.

Resolved, further, That a copy of these tesolutions, as a further mark of respect, be engrossed and transmitted to the family of the deceased, and this Honse be now adiourned until 9 o'clock Monday morning.
Respectfully submitted. WM. C. GLENN, Chairman.

IN MEMORY -OF-
LOUIS ARNHEIM,
BORN IN MECKLENBURC, CERMANY, March 22nd, 1852.
DIED IN ATLANTA, CA., AUCUST 18th, 1889.

488

JouRNAL oF THE HousE.

Upon motion of Mr. Glenn, the report and resolutions were unanimously adopted by a rising vote.
Leave of absence was granted to the following members, to-wit: Messrs. Carlton, Speer and DeLacy.
The House then adjourned nnt Monday morning at 9 o'clock.

ATLANTA, GEORGIA,
!\londay, August 26, 1889.

The House met pursuant to adjournment; called to order by the Speaker, and opened with prayer by Rev. Mr. Montgomery, of the county of Marion.

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

Those present were Messrs.-

Albritton,

Hardage,

Means,

Alderman,

Hall,

Mitchell of Pike,

Allred,

Halliday.

Mitchell of Spalding,

Atkinson of Butt8,

Ham,

~lobley,

Atkinson of Columbia, Hand,

Montgomery,

Atkinson of Coweta, Harper,

}forgan,

Bates,

Harrell of Decatur, Morris,

Berner,

Harrell of Webster, ~I urray.

Boone,

Harris,

Mustin,

Brady,

Hart,

Olive,

Brewton,

Beery,

Oliver,

Brown,

Herrington,

O'Neil,

Bush,

Hill of Meriwether, Park,

Buxton,

Hill of Wilkes,

Patterson,

Callaway.

Hobbs,

Peacock,

Calvin,

Holtzclaw,

Perry,

Campbell,

Holden,

Rankin,

Candler.

Hood,

Rawls,

Carithers,

Hooks,

Reid,

Carlton,

Howell,

Reilly,

Champion,

Humphreys of Brooks, Speer,

Chew,

Humphries of Screven, Simmon~,

Church,

Huey,

Sims of Lincoln,

MoNDAY, AuGusT 26, 1889.

489

Clark, Clements, Clifton, Coggins, Collier, Crenshaw, Crowder, -Daniel, Davie, Davis of Burke, Davis of Elbert, Dennard, Dodgen, Duggan, Dugger Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, floodman, Gordon, Griffin, Gunter, Hardeman,

Huff,

Sims of Wilkes,

Hyers,

Singleton,

Jenkins of Harris,

Skelton,

Jenkins of Johnson, Smith of Calhoun,

Johnston of Campbell, Smith of Decatur,

Johnson of Crawford, Smith of Gwinnett,

Johnson of DeKalb, Smith of Wilkinson,

Johnson of Floyd,

Snead.

J obnson of Jones,

Snelson,

Johnson of Clinch,

Stokes,

Jones of Baker,

Tanner.

,Jones of Cbattooga, Tarver,

Jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendrick,

Thurman.

King,

Tigner,

Kitchens,

Turner.

Knight,

Tyson,

Lamar,

Twitty,

Lang,

Tuck,

Latham,

Vandever,

Lawson,

Veazey,

Lewis,

Venable,

Lolley,

Walker,

Mathews,

Ward,

Maxwell,

Warren,

McArthur,

West,

McDonald,

Whitaker,

McDaniel,

Williams of Appling.

McCalla,

Williams of Telfair

McCook,

Williams of Upson

Mcinnis,

Wright,

Mciver,

Mr. Speaker.

Those absent were MeEsrs.-

Alexander, Ariwld,

Bell, DeLacy,

Mcintyre, Postell.

Mr. Thurman, of the Committee on Journals, reported

that the Journal had been examined and approved.

The Journal was then read and confirmed. Leave of absence was granted to the following members~ to-wit: Messrs. Johnson of Campbell, Brown, Mcinnis,. Oliver and DeLacy. Mr. Snelson, of Meriwether, offered the following resolution, to-wit:

490

JouRNAL oF THE HousE.

Resolved, That the tax payers of the different counties of the State are hereby requested to demand of their respective representatives the reason why they did not vote for the Snelson resolution restricting the pay of the members ~.to the time they ate in session.
Upon motion of Mr. Lofley, of Macon, indefinite time was granted to the gentleman (Mt. Snelson, of Meriwether,) on a question of personal privilege.
The Speaker ruled that the resolution offered by Mr. Snelson, of Meriwether, was not pmperly before the House, :and could not be entertained.
Under the bead of unfinished business, the following resolution was taken up, and the same adopted by substitute, as amended, to-wit :
Resolved, That beginning on Monday next, the 2nd day of September, the hours of meeting and adjourning of this House shall be as follows, until otherwise ordered : That on Mondays, Wednesdays and Fridays, the House shall meet at 9 o'clock a. m. and adjourn at 1 o'clock p. m., and meet at 3 o'clock p. m. and adjourn at 5 o'clock p. m. That on Tuesdays, Thursdays and Saturdays, this House shall meet at 9 o'Clock a. m. and adjourn at 1 o'clock p. m.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to prohibit the sale of seed cotton in the county of Washington ; yeas 28, nays 0.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county; yeas 29, nays 0.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy; yeas 27, nays 0.

MoNDAY, AuGUST 26, 1889.

491

The Senate has also passed the following House bills with certain amendments, in which it asks the concurrence of the House therein, to-wit:
A bill to incorporate the Union Bluff Railroad and Transfer Company ; yeas 28, nays 0.
Also, a bill to amend an act to incorporate the Midville, Swaineshoro and Red Bluff Railroad Company; yeas 29, nays 0.
By unanimous consent, the following bills were introduced, read the first time and referred, to-wit:
By Mr. Harrell, of DecatutA bill to amend paragraph 9 of section 2 of the General
Tax Act for the years 1889 and 1890. Referred to Committee on \Vays and Means.
By Mr. Berner, of MonroP.A bill to authorize the Mayor and Council of the city of
Forsyth to issue certain bonds, and for other purposes. Referred to Committee on Special Judiciary.
Br. Mr. Gordon, of ChathamA bill to incorporate the Germania Savings' Bank, etc. Referred to Committee on Banks.
By Mr. West, ofHabershamo\. bill to incorporate the town of Porter Mills in Haber-
sham county, etc. Referred to Committee on Corporations.
By Mr. Williams, of UpsonA bill making it a misdemeanor for any person or per-
son!! to throw a rock, missile or other hard substance, at the residence of another at night, for the purpose of alarming, frightening or annoying any inmate thereof.
Referred to Committee on Special Judiciary.
By Mr. Harris, of FloydA bill to incorporate the Peoples' Mutual Protective As-
sociation, of Rome, Georgia, etc. Referred to Committee on Corporations.

492

JouRNAL oF THE HousE.

By Mr. Flynt, of TaliaferroA bill to exempt all Confederate soldiers, who have lost
a leg or an arm or otherwise disabled, from the payment of the license fee of ten ($10) dollars as mentioned in section 3 of the General Tax Act for 1889 and 1890, who are engaged, or may hereafter engage, in the business as daguerrean, ambrotype, photograph or simila1 artist.
Referred to Committee on Ways and Means.
By Mr. Lamar, of RichmondA bill to repeal an act to provide a Board of Assessors of
real and pe1sonal property fur the county of Riehmond, approved October 13, 1885.
Referred to Committee on Counties and County Matters.
By Mr. Tuck, of ClarkeA bill to provide '')r the funding of the bonded debt of
Clarke county; to a .. tlorize the proper county authorities to issue new bonds in heu thereof, and for other purposes.
Referred to Committee on Cvnnties and County Matters.
By Mr. Bates, of MurrayA bill to prohibit the manufacture and sale of spirituous,
malt or intoxicating liquors, within three miles of Union Cumberland Presbyterian Church, in Murray county, etc.
Referred to Committee on Temperance.:
By Mr. Thurman, of walker. A,bill to prohibit the sale of intoxicating, s_[Jirituous or malt liquors, or intoxicating bitters, in any quantity, either by wholesale or retail, within three miles of Rock Spring Academy, and also within three miles of Cove Church m Walker county.
Referred to Committee on Temperance.
By Mr. Crenshaw, of RandolphA bill to authorize and require the Mayor and Council
of Cuthbert to levy and collect a tax for educational purposes, etc.
Referred to Committee on Corporations.
By Mr. Maxwell, of TalbotA bill to require each and every miller or manufacturer

MoNDAY, AuGusT 26, 1~9.

493

of flour or of corn meal, and every merchant or dealer, selling or offering .for sale said articles, to stamp or have printed on f'ach sack in which either of said articles are packed, in plain figures, and for other purposes.
Referred to Cornmittee on Agriculture.
By Mr. Bates, of MurrayA bill to prohibit the manufacture and sale of spirituous,
malt or intoxicating liquors within three miles of Summerous Chapel Methodist Church, in Murray county.
Referred to Committee on Temperance.
By Mr. Williams, of ApplingA bill to prohibit the collection of any debt contracted
for margins, commissions or losses, in what are known as futures, etc.
Referred to Committee on General Judiciary.
By Mr. Lawson, of PutnamA bill to prohibit the Judge of the County Court of Put-
nam county, from practicing law in the trial of misdemeanor cases.
Refened to Committee on Special Judiciary.
By Mr. SnElson, of l\Ie,iwetherA rer:,olution rpquesting the people to call on their respec-
tive representatives to show cause why they did not vote for the Snelson resoluticn, restricting their pay to the time they are in session.
Referred to Committee on Rules.
By 1\'h. Harris, of FloydA petition to allow J. F. Taylor to practice medicine, etc. Referred to Committee on Hygiene and Sanitation.
The following Hmse bills were taken up and the Senate amendments thereto were concurred in, to-wit:
A bill to incorporate the Union Railroad and Transfer Company.
Also, a bill to" amend an act entitled an act, to incorporate the Midville, Swainesboro and Red Bluff Railroad, etc.

494

JouRNAL oF THE HousE.

By unanimous consent, the following Senate bill was read the thi1.1.d tirrle ; the report of the committee was agreed to; the proper legal proofs were exhibitecl, and the bill passed by the requisite constitutional majority, yeas 99, nays 0, to-wit :
A bill to amend the charter of the eity of Albany, etc.
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 0, to-wit:
A bill to amend an act to incorporate the Fulton County Street Railroad Company, and to define its' rights, powers, etc., approved September 17, 1X83, as amended by the act ofOctober 24, 1887, etc.
By request, House Bills Nos. 168 and 231 were recommitted to the Committee on General Judiciary.
Mr. Howell, chairman of the Committee on ~ilroads, submitted the following report:

Mr. Speaker:
The Committee on Railroads have had under consideration the following bills, which they instruct me to report back, with the recommendation that they do pass, as amended, to-wit :
A bill to incorporate the Dalton and Stephenson Railroad Company, etc.
Also, a bill to incorporate the Bellton, Homer and Cartersville Railroad Company.
Also, the following bill, which they recommend that they do pass, by substitute, to-wit:
A bill to incorporate the Southwest Georgia Railway Lumber and Banking Company, etc.
Also, two bills, Nos. 168 and 231, providing for the erection of stock gaps on railroads, which they report back,

MoNDA v, AuGUST .'26, 1889.

495

with the 1ecommendation that they do pass, by substitute. Respectfully submitted. CLARK HoWELL, Chairman.
Mr. Fonte, chairman of the Committee on Temperance, submitted the following report:

Mr. Speaker :

The Committee on Temperance have had under consideration the following Senate bill, which they recommend do pass, to-wit:

A bill to prohibit the sale of spirituous, intoxicating or malt liquors within three miles of Lau.-~ns Hill Baptist Church, situated in the 345th District, G. M., in Laurens county.

Also, House Bill No. 678, which they recommend do not pass, to-wit :

A bill to be entitled an act to repeal au act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grove Academy, in Walton county.

Also, House Bill No. 851, which they recommend do pass by substitute, to-wit:

A bill to prohibit the manufacture' or sale of intoxicating

medicated bitters in any quantity whatever, in the county

of Wilkes, except for medical, mechanical, scientific and

sacramental purposes, and to provide for the keeping and

sale for said purposes, and to provide penalties, and for

other purposes.

Respectfully submitted.

A. 1\I. FouTE, Chairman.

Mr. Williams, of Appling, Chairman pro tem. of the Special Judiciary Committee, submitteed the following report:

Mr. Speaker:
The Committee on Special J udici~uy have had under consideration, Senate Bill No. 81, to require clerks of the Su-

496

JouRNAL OF THE HousE.

perior Court to keep a record hook for Supertor Court charters, etc., which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
Also, Honse Bills Nos. 141 and 842, which they instruct me to report hack, with a recommendation that the same do pass, as amended, to-wit :
No. 141, a \.ill to prohibit hunting ami fishing upon the lands of another within the State of Georgia, etc.
No. 842, to amend an act regulating the ~torage of guano in the city of Covington.
Respectfully submitted. R. T. 'VILLIAMS, Chairman pl"o tem.

By unanimous 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 99, nays 0, to-wit:
A bill to incorporate the Dahlonega and Dawsonville Railroad Company, etc.
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, t~-wit:
A bill to abolish the County Court of Laurens county, etc.
By unanimous consent, the following bill was read the third time; the replHt of the committee w.ts agreed to; the proper legal proofs were exhibited, and the bill passed by the requi~ite constitutional ma}.>rity, yeas 9R, nays 0, to-wit:
A bill to require and provide for the registration of all voters in the county of Bryan, etc.
The following Senate resolution wa,; read and agreed to, to-wit:
By Mr. Harris, of the 3d DistrietA resolution authorizing the Governor to tender the use
of the Hall of the House of Representatives to the ex-Confederate Veterans' Association.

MoNDAY, AuousT 26, 1889.

497

The following Senate bills were read the first time and referred, to-wit:
By Mr. Boyd, of the 32d DistrictA bill to declare certain mills, factories, manufacturing
or other enterprises, nuisance~, and to provide for abating the same.
Referred to Committee on General ,Judiciary.
By Mr. Rice, of 35th DistiictA bill to amend an act entitled an act, to incorporate the
Atlanta Mutual lnsurancP. Company, appro,ed December 26, 1888, by limiting the liability of stockholders to the amount of the~r respective unpaid subscriptions to the capital stock.
Referred to Committee on Corporatious.
By Mr. McCarty, of the 33d DistrictA bill to amend an amended charter of Maysville, etc. Referred to Committee on Corpomtion~.
By Mr. Sanford, of the 23d DistiictA bill to afford additional protection to farmers and
other purchai:iers against fraud and imposition in the sale of commercial fertilizers and chemicals in this State.
Referred to Committee on Agl"iculture.
By Mr. Bradwell, of the 2d DistrictA bill to amend an act to create a Board of Commis-
.sioners for .the county of Liberty, approved December 13, 1871, etc.
Referred to Committee on Counties and County Matters.
By Mr. Strother, of the 29th DistrictA bill to prescribe when petition for certiorari shall be
presented for sanction; what such petition shall contain, and for other purposes.
Referred to Committee on Gemral Judiciary.
By Mr. Bartlett, of the 22d DistrictA bill to amend section R74 (c) of the Code of 1882. Referred to Committee on General Judiciary. 82

498

JouRNAL oF THE HousE.

By Mr. Harris, of the 3d DistrictA bill to amend an act, approved December 24, 1888,
entitled an act to carry into eflect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto; to add a pl'Olliso to the last clause Qf section second of said act.
Referred to Committee on Appropriations.
By Mr. Shannon, of the 21st DistrictA bill to amend an act, approved December 24, 1888,
entitled an oot to amend an act, approved October 24, 1887, entitlecl an act to carry into .effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto.
Referred to Committee on Appropriations.
By Mr. Holmes, of the ! 6th DistrictA bill to requite wholesale dealers, venders of one gal-
lon and venders of less than one gallon, to obtain a license therefor as is required tor license to retail liquors in Laurens county, and to provide a penalty for the violation of the same.
Referred to Committee on Temperance.
The following message was teceived 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 Qf the General A~;sembly, to-wit:
An act to amend the game law of Houston county.
Also, an act to establish the County Court of Screven; to repeal all local conflicting law~, and for other purpJses.
Also, an act to prcvide fot'the appointment of trustees of the University of Georgia, by the Governor, and for other purposes.
Abo, an act to incorporate the Cumming and Warsaw Raihoad Company.

MoNDAY, AuousT 26, 1889.

499

Also, an act to amend an act to incorporate the Hartwell Loan and Savings Bank, approved October 24, 1887.
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 incorporate the town of McRae, in .Telfair county.

Also, an act to prohibit the sale of seed cotton in Washington county fmm the first day of August to the 24th day of December in each year.

Also, an act to prohibit the sale of intoxicating liquors

within three ~iles of Mineral Bluff Academy, in Fannin

county.



Also, an act to prohibit the sale of intoxicating liquors within two miles of .Jerusalem Church, in Fannin county. Respectfully submitted.
Ivv \V. DuGGAN, Chairman.

By unanimous consent, the following Senate bill was tead 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 96, nays 0, to-wit:

A bill to incorporate the Wynnton and Columbus Street Railroad Company, etc.

By unanimous consent, the following Hou,;e 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 prehibit the sale of intoxicating liquors or intoxicating bitters within a radius of three miles of St.

500

JouRNAL o:F 'rHE HousE.

Mary's Masonic Institute and Chattanooga Valley Baptist Church, in the county of Walker.
By unanimous consent, the following bill was read the second time, to-wit :
A bill to amend an act to incorporate a town called War,.aw, appl'Oved March 5, 1856, and to extend the corporate limits of said town, etc.
By unanimow; eon;;ent, the following Senate bill wa;; read the third time; the report of the committee was agreed to; the proper legal proofs were rxhibited, and the bill passed by the requisite eonstitutional majority, yeas 99, nay:; 0, to-wit:
A bill to incotporate the town of Lumber City, in the county of Telfair, etc.
By unanimouH consent, the following bill was read the third time; the report of the committee was agreed to, as amended, and thr bill passed, a;; amended, by the requisite constitutional majority, yras 89, nav,.: 0, to-wit:
A bill to incorporate the Ocean Pond and Rt. Mary's Sh.ort Line Railn>ad Company, etc.
By unanimou;; consent, the following Senate bill was read the third time; the report of the committee wa'>agreed to, as amended, and tl~e bill rassed, as amended, by the requisite eonstitutional majoriiy, yeas 93, nays 0, to-wit:
A bill to amend an act entitled an act, to incorporate the Albany S,treet Railroad Company, etc.
By unanimous con:;ent, 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 pal'sed, as amended, by the requisite constitutional majority, yeas 89, nays 0, to-wit :
A bill to amend an act entitled an act, to provide compensation for all managers and clerks of general and special elections held in McDuffie county, etc., approved October 22, 1887.

TuESDAY, AuousT 27, 1889.

501

By unanimous consent, the following bills .were read the second time, to-wit:
A bill to require the owne1:-; of horses, mule,-, cows and stock of all kinds, to keep the same from running at larg-e upon the lands of another, in the 757th District, G. M., Macon county.
Also, a bill to amend the charter of the city of LaGrange, Georgia, etc.
The following bill was read the third time, and, upon motion of Mr. Jones, of Baker, the same was made the special order for Thursday next, immediately after the reading of the Journal, to-wit.
A bill to prohibit hunting and fishing upon the lands of another within the State of Georgia, etc.
Upon motion, the House adjourned until to-morrow morning at 9 o'clock.

ATLAXTA, GEORGIA,
Tuesday, August 27, 1889.

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

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

Those present were Messrs.-

Albritton,

Gunter,

Alderman,

Hardeman,

Allred,

Hardage,

Alexander,

Hall,

Arnold,

Halliday,

Atkinson of Butts, Ham,

Atkinson of Columbia, Hand,

Atkinson of Coweta, Harper,

Bates,

Harrell of Decatur,

Means, Mitchell of Pike, Mitchell of Spalding, Mobley, Montgomery, Morgan, Morris, Murray, Mustin,

fi02

JOUR""AL OF THE HousE.

Berner,

Harrell of Webster, Oli,e.

Boone,

Harri~.

Oliver,

Brady,

Hart,

O'Neil,

Brewton,

Heery,

Park.

Brown,

Herrington,

Patterson,

Bush,

Hill of Wilkes,

Peaf'ock,

.

Buxton,

Hobb~.

Perry,

Callaway,

Holtzclaw,

Postell,

Calvin,

Holden,

Rankin,

Campbell,

lbod,

Hawls,

Candler,

Howell,

Reilly,

Carithers,

Humphreys of Brooks, Speer,

Carlton,

Humphries of Screven, Simmons,

Champion,

Huey,

Sims of Lincoln,

Chew,

Huff,

Sims of Wilkes.

Church.

Hyer~,

Singleton,

Clark.

,Jenkins of Harris,

Skelton,

Clements,

.Jenkins of Johnson, Smith of Calhoun,

Clifton,

.Johnson of Crawford, Smith of Decatur,

Coggins,

.Johnson of DeKalb, Smith of Gwinnett,

Collier,

,Johnson of Floyd,

Smith of Wilkinson,

Crenshaw,

.Johnson of Jones,

Snead,

Crowder,

,Johnson of Clinch, Snelson,

Daniel,

.Jones of Baker,

Stokes,

Davie,

Jones of Chattooga, Tanner,

Davis of Burke,

Jones of Coweta,

Tarver,

Davis of Elbert,

Kimble,

Tatum,

DeLacy,

Kendrick,

Taylor,

Dennard,

King,

Thurman,

Dodgen,

Kitchens,

Tigner,

Duggan,

Knight,

Turner,

Dugger,

Lamar,

Tyson,

Fain

Lang,

Twitty,

Felton,

Latham,

Tuck,

Fleming,

Lawson,

Vandever,

Flynt,

Lewis,

Veazey,

Foute,

Lofiey,

Venable,

Francis,

Mathews,

Walker,

Frazer,

Maxwell,

Ward,

Fricks,

McArthur,

Warren,

Gallaway,

McDonald,

West,

Gamble.

McDaniel,

Whitaker,

Gholston,

McCulla,

Williams of Appling,

Gilbert,

McCook,

Williams of Telfair,

Glenn,

Mcinnis,

Williams of Upson,

Goodman,

Mcintyre,

Wright,

Gordon,

Mciver,

Mr. Speaker.

Griffin,

, TuESDAY, AuausT 27, 1889.

503

Those absent were Messrs.-

Bell, Hill of Meriwether,

Hooks,

Reid.

J()bnston of Campbell,

Mr. Harper, chairman of the Committee on Journals, reported that the Journal had been examined and approved.

The Journal was then read and confirmed.

Mr. Williams, of Telfair, offered the following resolution, w~ich was read and agreed to, to-wit:

WHEREAS, An inaccuracy has been discovered in House Bill No. 331, which is now awaiting the signature of the Governor.

He it resolved by the House, the Senate concurring, That the Governor be requested to return said bill to the House for correction.

By request of Mr. Boone, House Bills Nos. 416 and 417 were withdrawn.

Upon motion of Mr. Rankin, of Gordon, the special order for the day, to-wit: House Bill No. 65, was taken up.

The bill was read the third time.

Mr. Gamble, of Jefferson, called for the previous question upon the bill, and proposed anwndments; which call was not sustained.

By request of Mr. Rankin, the bill was taken up by sections.

Pending the consideration of the amendment offered by Mr. Candler, of DeKalb, to section 1 of the hill, the House, upon motion, deferred further consideration until to-morrow morning.

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

Mr. Speaker:

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

504

.JouRNAL oF THE HousE.

House Bill No. 876, to incorporate the town of Porter Mills.
Also, Bill No. 887, to authorize and require the Mayor and Council of Cuthbert to levy a tax, etc.
Also, Senate Bill No. 157, to amend an amended charter of Maysville.
Also, Bill No. 121, to amend an act establishing a new charter for the city of Atlanta, which they recommend do pass with amendment herewith submitted.
Also, the following bills, which they recommend do not pass, to-wit :
Bill No. 212, relating to Life Insurance Companies.
Also, Bill No. 176, to amend an act to incorporate the Central City Street Railroad Company.
Also, Bill No. 292, to amend an act incorporating the town of Douglasville.
Also, Senate Bill No. 104, to amend the charter of the Atlanta Mutual Insurance Company.
Respectfully submitted. THOS. G. LAWSON, Chairman.
Mr. Howell, chairman of the Committee on Railroads, submitted the following report:
Mr: Speaker.;
The Committee on Railroads have had under consideration the following bills, which they report back, with the recommendation that they do pass, as amended, to-wit:
A bill to amend the charter of the Albany and Bainbridge Railroad Company.
Also, a bill to amend an act incorporating the North and South Short Line Railway Company.
Also, a bill to incorporate the Washington. and Lincolnton Railroad Company.
Also, a bill to incorporate the Ellijah Street Railway Company.

TuESDAY, AuGUST 27, 1889.

505

The committee have also had under consideration a bill to incorporate the Abbeville and Waycross Railroad Company, which they report back, with the recommendation that it do pass.
Respectfully submitted. f CLARK HowELL, Chairman.
Mr. Berner, chairman of the Committee on General Ju-diciary, 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, with the recommendation that the,v do pass, as amended, to-wit:
A bill to regulate the fees of Clerks of the Superior Courts.
Also, the following bill do pass, by substitute, to-~it:
A bill to amend section 3694 of the Code of 1882, as to fees of Ordinaries.
Also, they instruct me to report back the following bills, with the recommendation that they be referred to the Committee on Ways and Means, to-wit:
A bill to amend section 943 (a) of the Code of 18152. Also, a Senate bill to amend section 943 (a) of the Code of 1882. They also instruct me to report the following bills back, with the recommendation that they do not pass, to-wit : A bill to amend the fee bill of Justices of the Peace and Constables. Also, a bill to require costs in divorce cases to be paid in advance. '
Also, a bill to amend section 1675 of the Code of 1882. Also, a bill to provide for the procedure in divorce cases. Also, a bill to amend section 4372 of the Code of 1882. Respectfully submitted.
RoBERT L. BERNER, Chairman.

506

JouRNAL OF THE HousE.

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 the following acts of the General Assembly, to-wit:
An act to provide for a commutation tax in lieu of road work in any militia district in the county of DeKalb, upon the petition in writing to the Commissioners of Roads and Revenues of said county, of a majority of the persons subject to road duty in such district.
Also, an act to prohibit the sale of liquors in any quantity within five miles of any church in Dodge county.
Also, au act to amend an act, approved February 20, 1873, creating a Board of County Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so as to have the Commissioners of Thomas county elected by the grand jury, etc.
Also, an act to incorp~t"ate the Bank of Vienna.
Also, an act to transfer and change the county of Dooly from the Oconee Judicial Circuit to the Southwestern Circuit, 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 proofs were exhibited, and the bill passed as amended, by the requisite constitutiona~ majority, yeas 95, nays 0, to-wit :
A bill to amend the charter of the city of LaGrange, Ga., so as to confer upon the Mayor and Council authority to levy a tax of three-quarters ot one per cent., ad valorem, upon the taxable property of said city, or so much theteof as may be necessary for the support of said city government, etc.
Upon motion of Mr. Jones, of Baker, the House then adjourned until to-morrow morning at 9 o'clock.

WEDNESDAY, AuGUST 28, 1889.

507

ATLANTA, GEORGIA,
Wednt>sday, August 28, 1889.

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

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

Those present were Messrs.-

Albritton,

Hardeman,

Means,

Alderman,

Hardage,

Mitchell of Pike,

Allred,

Hall,

Mitchell of Spalding,

Alexander,

Halliday,

Mobley,

Arnold,

Ham,

)lontgomery,

Atkinson of Butts, Hand,

Morgan,

Atkinson of Columbia, Harper,

Morris,

Atkinson of Coweta, Harrell of Decatur, Murray,

Bates,

Harrell of Wehster, Mustin.

Berner,

Harris.

Olive,

Boone,

Hart,

Oliver,

Brady,

Heery,

O'Neill.

Brewton,

Herrington,

Park,

Brown,

Hill of Meriwether, Patterson,

Bush,

Hill of Wilkes.

Peacock,

Buxton,

Hobbs,

Perry,

Callaway,

Holtzclaw,

Postell,

Calvin,

Holden,

Rankin,

Campbell

Hood,

Rawls.

Candler,

Hooks,

Reid,

Carithers,

Howell,

Reilly,

Carlton,

Humphreys of Brooks, Speer,

Champion.

Humphries of Screven, Simmons.

Chew,

Huey.

Sims of Lincoln,

Church,

Huff,

Sims of Wilkes.

Clark,

Hyers,

Singleton,

Clements,

.Jenkins of Harris,

Skelton,

Clifton,

.Jenkins of Johnson, Smith of Calhoun,

Coggins,

.Johnson of Crawford, Smith of Decatur,

Collier,

Johnson of DeKalb, Smith of Gwinnett,

Crenshaw,

Johnson of Floyd,

Smith of Wilkinson,

Crowder,

.John~on of Jones,

Snead,

Daniei,

Johnson of Clinch, Snelson,

Davie,

.Jones of Baker,

Stokes,

Davis of Burke,

Jones of Chattooga, Tanner,

Davis of Elbert,

Jones of Coweta,

Tarver,

508

JouR~AL oF THE HousE.

Dennard, Dodgen. Duggan. Dugger. Fain, Felton, Fleming, Flynt, Fonte. Francis, Frazer, Fricks, Gallaway. Gamble, Gholston, Gilbert. Glenn, Hood man. Gordon. Griffin. Gunter,

Kimble, Kendrick. King, Kitchens, Knight, Lamar, Lang. Latham, Lawson, Lewis, Lofley, Mathews, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinms, Mcintyre, Mciver,

Tatum. Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck. VandeYer, Veazey, Venable, Walker, Ward, "\Varren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those absent werP Messrs.-

B'ell,

DeLacy,

Johnston of Campbell.

Mr. Atkinson, of Columbia, of the Committee on Journals, reported that the .Journal had been exar1.1ined and approved.

The Journal was then read and confirmed.

Leave of absence was granted to the following members, to..:wit: Messrs. Jenkins of Johnson, Champion and Allred.

By request of Mr. Park, of Greene, House Bill No. 737, was recommitted to the Committee on Agriculture.

By unanimous consent, the following House bills were taken up, and the Senate amendments thereto were concurred in, to-wit:

A bill to amend an act creating a Board of Commissioners of Roads and Revenues for Fulton county; and the several acts amendatory thPreof, so as to provide for the election of said Commissioners by the duly qualified voters of said county, etc.

WEDNESDAY, AUGUST 28, 188,9.

509

Also, a bill to incorporate the American Trust and Banking Company.
Mr. Albritton, chairman pro tern. 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 they instruct me to report back to the House, with the recommendation that it do pass, to-wit:
A bill to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Telfair.
Also, 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 alter and amend the road laws of this State, so far as relates to the county_of Walker.
Also, the following bills, with a recommendation that they do not pass, to-wit:
A bill to authorize the Ordinary of Dooly county to submit to the qualified voters of said county, the question of the issuance of county bonds, to pay for the erection of a court house in said county.
Also, a bill to create the office of Solicitor fot the County Court of Mitchell county.
Also, the following bill, with the recommendation that
the author be requested to withdraw it, to-wit:
A bill creating a Board of Commissioners of Roads and Revenues in the county of Fayette.
Respectfully submitted. M. L. ALBRITTON, Chairman protem.

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

510

JouRNAL OF THE HousE.

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 Planters' Loan and Banking Company.
Also, an act to prohibit trespassing on the lands of another in Screven county.
Also, an act to amend an act entitled an act, to incorporate the Midville, Swainsboro and Red Blufl Railroad, approved December 21, 1888.
Also, an act to incorporate the Union Railroad and Transfer Company.
Also, an act to authorize and t:.'mpower the Mayor and Council of Columbus, to make to the Gas Light Company, of Columbus, title to certain land.
Also, an act to incorporate the Bank of Fort Gaines. Respectfully submitted.
IvY W. DuGGAN, Chairman.
Mr. Duggan, chairman of the f;ommittee 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 delive1ed to His Excellency, the Governor, the following act~;, to-wit:
An act to prohihit the sale of intoxicating liquor>' within two mill's of Jerusale-m Church, in Fannin county.
A.bso, an act to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin county.
Also, an act to incorporate the town of McRae, in the county of Telfair.
Also, an act to prohibit the sale of seed eotton in Wash-

WEDNESDAY, AUGUST 28, 1889.

511

ington county from August 1st to December 24th, in each year.
Also, an act to amend an act establishing a new charter for the town of Camilla, approved October 24, 1887.
Alsoran act to repeal an act incorporating the town of Statesboro, approved December 20, 1866, and to provide a new charter for said town.
Respectfully submitted. IvY W. DuGGAN, Chairman.
The following message was received from the Senate, through Mr. Harris, Secretary thereof:
Mr. Speaker:
The Senate has concurred in the House amendments to the following bills of the Senate, to-wit:
A bill to incorporate the Richmond County Belt Line Railway Company.
Also, a bill to authorize and require the registration of all voters in the co~mty of Fulton.
The Senate has also passed the following bills of the House hy the requisite constitutional majority, to-wit:
A bill to incorporate the Bank of Fort Gaines; yeas 29, nays 0.
Also, a bill to prevent trespassing on the lands of another in the county of Screven without the consent of the owners thereof; yeas 30, nays 0.
Also, a bill to repeal the act inc01porating the town of Statesboro, in the county of Bullock; yeas 29, nays 0.
Also, a bill to incorporate the Planters' Loan and Banking Company; yeas 29, nays 0.
The Senate has also passed the following House bills with certain amendments, in which it asks the concurrence of the House, to-wit:
A bill to amend the act creating Commissioners of Roads and Revenues of Fulton county; yeas 23, nays 0.

512

JouRNAL oF THE HousE.

Also, a bill to incorporate the American Trust and Banking Company; yeas 28, nays 0.
The Senate has also passed the following House bills by the 1equisite constitutional majority, to-wit:
A bill to authorize the Mayor and Council of the city of Columbus, to make to the Gas Light Company of said city,_ title to certain lands therein ; yeas 33, nays 0.
Also, a bill to amend an act establishing a new charter for the town of Camilla, approved October 24, 1887; yeas 32, nays 0.
The Senate has also concurred in the House amendments to the following bills of the Senate, to-wit:
A bill to incorporate the Artesian City Railway Company.
Also, a bill to amend the act incorporating the Albany Street Railway Company.
Mr. Park, chairman pi'O tem. 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 authors be allowed to withdraw the same, to-wit :
A bill to amend section 1553 (d) of the Code. Also, a bill to provide for the election of the Commissioner of Agriculture by tne people.
Also, a bill to establish an Experimental Station in this State.
Also, a bill to make it unlawful for any person who receives advances upon a contract to work the lands of another, to fail or refuse to comply with said contract.
Respectfully submitted. JAS. B. PARK, Chairman protem.
Upon motion of Mr. Rankin, of Gordon, House Bill No. 65, was taken up, to-wit:

WEDNESDAY, AuGUST 28, 1889.

513

A bill to provide for the lease of the Western and Atlantic Railroad was taken up.

Mr. Candler, of DeKalb, proposed the following amendment to section 1, by adding thereto the following proviso, to-wit:

Provided, That the Governm shall not he authorized to lea>:e said road to any company, corporation, party or parties owning, contmlling or operating a competing line of road, or to any company Ol' corporation, the controlling stock Ol' shares of whieh i"' owned l)y any othe1 company, corporation, party or parties owning, controlling or operating any compl'ting line of road, the tendency or effect of which leasing would be to defeat or le,.;sen competition, or to encourage monopoly.

Mr. Jones, of Baker, called for the previous question on the pending amenilment, which call was sustained, and the main question orclend.

Upon the adopt ion ot the amendment,~~ r. Candler called for the yeas and nays, which l)all was ;.;ustained.

Upon the call of the roll of the House, the vote was as

follows:

Those voting in the affirmative were .1\'Iessrs.-

1\.lexander,

Hardeman,

~I,txwell,

Atkinson of Columbia, Ham,

:VIeDonald,

Atkinson of Coweta, Hand,

Mcintyre,

Bates,

Harper,

Mciver,

Berner,

Harrell of Decatur, Mitchell of Pike,

Campbell,

Harrell of Webster, ~lobley,

Candler,

Harris,

~I orris,

C11rlton,

Hill of Meriwether, .Mustin,

Champion,

Holtzclaw,

Olive,

Church,

Hood,

Patterson,

Clark,

Humphries of Screven, Reid,

Clifton,

Hyers,

Sims of Wilkes,

Collier,

.Jenkins uf Harris.

Smith of Decatur,

Crenshaw,

.Johnson of Crawford, Smith of Gwinnett,

Crowder,

.Johnson of DeKalb, Snead,

Davis of Burke,

Johnson of Floy<l,

Snelson,

Dodgen,
38

.Johnson of Clinch, Tatum,

514

JOURXAL OF THE HousE.

Duggan, Frazer, Gilbert, Glenn, Goodman, Gunter,

Jones of Coweta, King, Lang, Latham, Lewis, Mathews,

Thurman, Twitty, Tuck, Venable, Williams of Upson.

Those voting in the negative were Messrs.-

Albritton, Alderman, Allred, Arnold, Atkinson of Butts, Boone, Brewton, Brown, Bush, Buxton, Callaway, Calvin, Clements, Coggins, Daniel, Davie, Dennard, Dugger, Fain, .I<'elton, Fleming, Flynt, Foute, Francis, Fricks, Gallaway, Gamble, Gholston, Gordon, Griffin, Hardage,

Hall,

Park,

Halliday,

Peacock,

Heery,

Perry,

Herrington,

Postell,

Hobbs,

Rankin,

Howell,

Rawls,

Humphreys of Brooks, Reilly,

Huey,

Speer,

Huff,

Simmons,

Johnston of Uampbell, Singleton,

Johnson of Jones,

Skelton,

Jones of Baker,

Smith of Calhoun,

Jones of Chattooga, Smith of Wilkinson,

Kimble,

Stokes,

Kendrick,

Tanner.

Kitchens,

Tarver,

Knight,

Taylor,

Lamar,

Tigner,

Lawson.

Turner,

Lofley,

Tyson,

McArthur,

Vandever,

McDaniel,

Veazey,

McCalla,

Walker,

)IcCook,

Ward,

:\leans,

'Varren,

)Iitche\1 of Spalding, West,

Montgomery,

Whitaker,

l\Iorgan,

Williams of Appling,

)lurray.

'Villiams of Telfair,

Oliver,

Wright.

O'Neil,

Tho:se not voting were Messrs.-

Be\1,

DeLacy,

Jenkins of Johnson,

Brady,

Hart,

)fclnnis,

Carithers,

Hill of Wilkes,

1::>ims of Lincoln,

Chew,

Holden,

)Ir. Speak~.

Davis of Elbert,

Hooks,

Yeas 68. Nays 92. Not voting 14.

So the amendment was lost.

WEDNESDAY, AUGU!:lT 28, 1889.

i)l5

Mr. Fulton, of Bartow, called for the previous question on the bill, and all pending amendments, which call was sustained, and the main question ordered.

Mr. Mathews, of Houston, proposed to amend section 1 by inserting between the words " for" and "the" in the fifth line of substitutP, the words: "The property herein designated, is, however, not to include any of the real property described in schedule "R" of the report of the Commissioners appointed by the Governor under the resolution of the General Assembly, approved October 24, 1887, as property which may be sold without injury to the road, except the lot three miles south of Chattanooga, valued at $6,000. As to the property herein excepted, it is prescribed that the lessee'l of the Western and Atlantic Railroad, under this act, shall use that part thereof in the city of Chattanooga now occupied by side tracks, until such time as the State shall provide for their use suitable and adequate faci 1ities on t!ie line of the.road outside the city of Chattanooga."

Upon the adoption of this amendment, Mr. Mathews called for th~ yeas and nays, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Arnold,

Huff

~lustin,

Atkinson of Columbia, Hyers,

Olive,

Bates,

Jenkins of Harris,

O'Neil,

Callaway,

Johnston of Campbell, Park,

Davis of Burke.

Johnson of Crawford, Reilly,

Gordon,

Johnson of DeKalb, Sims of Wilkes,

Hardeman,

Johnson of Floyd,

Smith of Decatur,

Hand.

Johnson of Clinch, Snead,

Harper,

Lofley,

Tyson,

Harrell of Decatur. Mathews,

Venable,

Harrell of Webster, Maxwell,

Whitaker,

Holtzclaw,

)lcDonald.

Williams of Upson,

Humphreys of Brooks, McCook,

Those voting in the negative were Messrs.-

Albritton, Alderman,

Gilbert, Glenn,

Montgomery, Morgan,

516

.JouR~AL oF THE HousE.

Allred,

Goodman,

:\I orris,

Alexander,

Griffin,

)lurray,

Atkinson of Butts,

Gunter,

Oliver,

Atkinson of Coweta, Hardage,

Patterson,

Berner,

Hall,

Peacock,

Boone,

Halliday,

Perry,

Brewton,

Ham,

Postell,

Brown,

Harris,

Rankin,

Bush,

Heery,

Rawls,

Buxton,

Herrington,

Reid,

Calvin,

Hill of :\Ieriwether, ::lpeer.

Campbell,

Hob'bs,

::lim mons,

Candler.

Hood,

Singleton,

Carithers,

Howell,

Skelton,

Carlton,

Humphries of' Screven, Smith of Calhoun.

Clark,

Huey,

Smith of Gwinnett,

Clements,

Johnson of Jones.

Smith of Wilkinson,

Clifton,

Jones of Baker,

Snelson .

Coggins,

Jon<>s of Chattooga, Stokes,

Collier,

.Jones of Coweta,

Tanner,

Crenshaw,

Kimble,

Tarver,

Crowder,

Kendrick,

Tatum,

Daniel,

King,

Taylor,

Davie,

Kitchens,

Thurman,

Dennard.

Knight,

Tigner,

Dodgen,

Lamar,

Turner,

Duggan,

Lang.

Twitty,

Dugger,

I,ntham,

Tuck,

Fain,

Lawson,

Vtlndever,

Felton,

Lewis.

Veazey.

Fleming,

:'lie D a n i e l ,

Walker,

Flynt,

:McCalla,

Ward,

Fonte,

}fclntyre,

Warren,

Francis,

}fcl ,er,

West,

Frazer,

:Me am;,

Williams of Appling,

Fricks,

:\litchell of Pike,

'Williams of Telfair,

Gamble,

Mitchell of Spalding, Wright.

Gholston,

Those not voting were Messrs.--

Bell,

DeLacy,

.Jenkins of Johnson,

Brady,

Gallaway,

1IeArthur,

Champion,

Hart,

:\Iclnnis,

Chew,

Hill of 'Wilkes,

:\lobley,

Chur<'h,

Holden,

Sims of Lincoln,

Davis of Elbert,

Hooks,

1-Ir. Speaker.

Yeas 38. Nays llR. Not voting, liS.

So the amendment was lost.

WED)iESDAY, ALJGCST 2H, 18R!l.

517

Mr. Gordon, of Chatham, offPrP<l the following amendment to section 1 of the bill, hy :Hiding in the fifth line, afte1 the words "provided fir," [he following words: "The property herein designated, is, however, not to include any of the real property described in schedule "R" of the report of the Commissioners appointed by the Governor under the resolution of the General Assembly, approved October 24, 1887, except lot three mile~; ~;outh of Chattanooga, and the depot lot in Dalton; but the Govern.,r of the State is hereby authorized to advertise for lease the said property at the same time and under the same terms as is herein designated f(,r leaRing the Western and Atlantic Railroad, giving to bidders the option of bidding for any one or more ot the items included in said schedule "R" except the lot three miles south of Chattanooga, and the depot lot in Dalton, and giving to the CommisRioners, provided for in section 8, the same authority and power with reference to said bids, that section 8 confers .upon them with reference to bids for the Western and Atlantic Railroad (preference being given to bidders for the Western and Atlantic Railroad, other things being equal). If no bids for items in schedule '' R" are made, and none that are made are accepted, then the State ~;hall, at the end of the present lease, take charge of all the items not re-leased. P1otided, That the provisions of section 8, as to secmity and guarantee, shall not apply to the lease of said property, but the Commissioners shall have power to require such guarantee and security as will protect the State."

Upon this amendment, Mr. Gordon called for the yeas and nays, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Arnold.

Harper,

Atkinson of Columbia, Harrell of Decatur,

Berner,

Harrell of Webster,

Callaway,

Heery.

Calvin,

Howell,

MclvAr.

.,

Mitchell of Pike,

Mobley,

Morgan,

Morris,

518

JouRNAL OF THE HocsB.

Campbell, Carlton, ()burch, Clark, Clifton, Crowder, Duggan, Fleming, Flynt, Francis, Gallaway, Gilbert, Gordon, Gunter, Hardeman, Ham.

Hyers,

Mustin,

Jenkins of Harris,

Olive,

Johnston of Campbell, O'Neil,

Johnson of Crawford, Patterson,

.Johnson of Floyd,

Perry,

Johnson of Jones,

Reilly,

Johnson of ()linch, Sims of Wilkes,

Lewis,

Smith of Decatur,

Lofley,

Snead.

Mathews,.

Snelson,

Maxwell,

Stokes,

McArthur,

Tyson,

McDonald,

Venable,

:!HcCook,

Whitaker.

}lclntyre,

Williams of Upson.

Those voting in the uegative were Messr!".-

Albritton, Alderman, Allred, Alexander, Atkinson of Butts, Atkinson of Coweta, Bates, Brown, Bush, Buxton, Candler, Clements, Coggins, Collier, Crenshaw, Daniel, Davie, Davis of Burke, Dennard, Dodgen, Dugger, Fain, Felton, Fonte, Frazer, Fricks, Gamble, Gholston, GriffinJ Hardage,

Hall.

Park,

Halliday,

Peacock,

Harris,

Postell,

Herrington,

Rankin,

Hill of Meriwether, Rawls,

Hobbs,

Reid,

Holtzclaw,

Speer,

Hood,

Singleton,

Humphries of Screven, Skelton,

Huey,

Smith of Calhoun.

Johnson of DeKalb, Smith of Gwinnett,

Jones of Baker,

Smith of Wilkinson,

Jones of Chattooga, Tanner,

Jones of Coweta,

Tarver,

Kimble,

Tatum,

Kendrick,

Taylor,

Kin~,

Thurman,

Kitchens,

Tigner,

Knight,

Turner,

Lamar,

Twitty,

Lang,

Tuck,

Latham,

Vandever,

Lawson.

Veazey,

McDaniel,

Walker,

McCalla,

Ward.

Means,

Warren,

Mitchell of Spalding, West,

Montgomery,

Willian.s ot 'l'elfair,

Oliver,

Wright.

WEDNESDAY, AUGUST 28, 1889.

519

Those not voting were Messrs.-

Bell, Boone, Brady, Brewton, Carithers, Champion, Chew, Davis of Elbert, DeLacy,

Glenn,

Huff,

Goodman,

Jenkins of Johnson,

Hand,

Mcinnis,

Hart,

Murray,

Hill of Wilkes,

Simmons,

Holden,

Sims of Lincoln,

Hooks,

Williams of ApplinJr.

Humphreys of Brooks, Mr Speaker.

Yeas 61. Nays 88. Not voting, 25.

So the amendment was lost.

Mr. Lewis, of Hancock, proposed to amend section 1, as follows: Add at the close of section I, "Provided, That this property shall not be leased to any corporation Qwning or controlling a competing line of railroad tending to lessen competition or encourage monopoly."

Upon this amendment, Mr. Berner, of Monroe, called for the yeas and nays, which call was sustained.

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

Those voting in the affirmative were Messrs.-

Atkinson of Columbia, Hardeman,

Mathews,

Atkinson of Coweta, llam,

Maxwell,

Bates,

Hand,

McDonald,

Berner,

Harper,

Mcintyre,

Campbell,

Harrell of Decatur, Mitchell of Pike,

Candler,

Harrell of Webster, Mobley,

Carlton,

Harris,

Morris,

Champion,

Hill of Meriwether, Olive,

Church,

Holtzclaw,

Patterson,

Clark,

Hood,

Reid,

Clifton,

Humphries of Screven, Sims of Wilkes,

Collier,

Hyers,

Smith of Decatur,

Crenshaw,

Jenkins of Harris,

Smith of Gwinnett,

Crowder,

Johnson of Crawford, Snead,

Davis of Burke,

Johnson of DeKalb, Snelson,

Dodgen,

Johnson of Floyd,

Tatum,

Duggan,

Johnson of Clinch, Thurman,

Frazer,

.Jones of Coweta,

Twitty,

Gallaway,

King,

Tuck,

520

,JoURXAL OF THE HousE.

Gilbert, Glenn, Gunter,

Lang, Latham, Lewis.

Venable, Whitaker, williams of Upson,

Those voting in the negative were Messrs.-

Albrit~on,
Alderman, Allred, Arnold, Atkinson of Butts, Boone, Brewton, Brown, Bush, Buxton, Callaway, Calvin, Chew, Clements, Coggins, Daniel, Davie, Dennard, Dugger, Fain, Felton, Fleming, Foute, Francis, Fricks, Gamble, Gholston, Gordon, Griffin, Hardage, Hall,

Halliday,

O'Neil,

Heery,

Park,

Herrington,

Peacock,

Hobbs,

Perry,

Howell,

Postell,

Humphreys of Brooks, Rankin,

Huey,

Rawls,

Hufr,

Reilly,

Johnston ofCampbell, Speer,

Johnson of Jones,

Simmons,

,Jones of Baker,

Singleton.

Jones of Chattooga, Skelton,

Kimble,

Smith of Calhoun,

Kendrick,

Smith of Wilkinson,

Kitchens,

Stokes,

Knight,

Tanner,

Lamar,

'rarver,

Lawson,

Taylor,

Lolley,

Tigner,

:McArthur,

Turner.

McDaniel,

Tyson,

~lcCalla,

Vandeve::.-,

McCook,

Veazey,

)lclver,

Walker,

Means,

Ward,

Mitchell of Spalding, Warren,

Montgomery,

West,

Morgan,

Williams of Appling,

Murray,

Williams of Telfair,

Oliver,

Wright.

Those not voting were Messrs.-

Alexander, Bell, Brady, Carithers, Davis of Elbert, DeLacy,

Flynt, Goodman, Hart, Hill of Wilkes, Holden, Hooks,

Jenkins of Johnson, Mcinnis, Mustin, Sims of .uincoln, Mr. Speaker.

Yeas 66. Nays 91. Not voting 17.

So the amendment was lost.

WEDNESDAY, AUGUST 28, 1889.

521

U poil motion of Mr. Foute, of Bartow, the first and sec-ond =-ections of the substitute was adopted.

l\Ir. Rankin, of Gordon, proposed to amend section 3, as follow~: By striking all of said section after the enacting clamf' to and including the word "money," sixth line, and substitute the following therefor: "That before the road and it,; appurtenances arf' offered for lease, it shall be ascertained, in such manner as this General Assembly shall .determine betweEn the State and the present lessees, whether the road and its appurtenances and equipment shall be offered for lease in their present condition; and what compensation, if any, the present lessees shall receive for delivering the road and its appurtenances and equipment in such {)oudition to the lessee or lessees under this act. In case of agreement between the State and the present lessees, then the road, its appurtenances and entire present equipment, in the condition they now are, shall be offered for lease. In case of failure to agree on or before the 1st of Septemher next. then the road and its appurtenances shall be offered, the road bed and real property of the road in its present condition, natural wear and tear only excepted, and the personal property as per inventory of file in Executive Office, <>r its equivalent in kind.
Upon this amendment, Mr. Rankin called for the yeas and nays, which call was sustained.
Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.--

Arnold,

Howell,

McDonald,

Atkinson of Columbia, Humphreys of Screven, Rankin,

Calvin,

Huff,

Rawls,

Clements,

Hyers,

Simmons,

Dennard,

Johnston of Campbell, Smith of Gwinnett,

Fain,

Johnson of Clinch,

Snead,

Francis,

Jones of Baker,

Vandever,

Frazer,

Kitchens

Venable,

Gallaway,

Lamar,

West,

Hardeman,

Lolley,

Williams of Appling,

Herrington,

Mathews,

Williams of Upson.

Hobbs,

McArthur,

522

JouRNAL oF THE HousE.

Those voting in the negative were Messrs.-

Albritton, Alderman, Allred, Alexander, Atkinson of Butts, Atkinson of Coweta, Bates,
.. Berner,
Boone, Brewton, Brown, Bush, Buxton, Callaway, Campbell, Candler, Carlton, Clark, Clifton, Crenshaw, Crowder, Daniel, Davie, Dodgen, Duggan, Dugger, Felton, Fleming, Flynt, Foute, Fricks, Gamble, Gholston, Gilbert, Glenn, Gordon, Griffin, Gunter,

Hardage,

Mobley,

Hall,

:Montgomery,

Halliday,

Morgan,

Ham,

Morris,

Hand,

~Iurray,

Harper,

l\1 ustin

Harrell of Decatur, Olive,

Harrell of Webster, Oliver,

Harris,

O'Neil,

Heery,

Park,

Hill of Meriwether, Patterson,

Hill of Wilkes,

Perry,

Holtzclaw,

Postell,

Hood,

Reid,

Humphreys of Brooks, Reilly,

Huey,

Speer,

Jenkins of Harris,

Singleton,

Johnson of Crawford, Skelton,

Johnson of Floyd,

Smith of Calhoun,

Johnson of Jones,

Smith of Decatur,

Jones of Chattooga, Snelson,

Jones of Coweta,

Stokes.

Kendrick,

Tarver,

King,

Tatum,

Knight,

Taylor,

Lang,

Thurman,

Latham,

Tigner,

La,vson,

Turner,

Lewis,

Tyson,

)laxwell,

Twitty,

.McDaniel,

Tuck,

McCalla,

Veazey,

McCook,

Walker,

l\lelntyre,

Ward,

Means,

Warren,

Mitchell of Pike,

Whitaker,

Mitchell of Spalding, Wright.

Those not voting were Messrs.-

Bell, Brady, Carithers, Champion, Chew, Chureh,

Davis of Elbert, DeLacy, Goodman. Hart, Holden,
Hook~.

Mcinnis, )lei ver, Peacock, Sims of Lincoln Sims of Wilkes, Smith of Wilkinson,

WEDNESDAY, At:Gl'ST 28, 1889.

.')23

Coggi(ls, Collier, Davis of Burke,

Jenkins of Johnson, Johnson ofDeKalb, Kimble,

Tanner, Williams of Telfair, Mr. Speaker.

Yeas 35. Nays 112. Not voting, 27.

So the amendment was lost.

Mr. Berner, of Monroe, offered the following amendment to section 3, which was adopted, to-wit: By inserting after the word "office" in the fourth line, the words: "Taken under the Lease Act of 1870."

The third section was then adopted, as amended.

Upon motion of Mr. Fricks, the fourth section was adopted.

Mr. Hand, of Mitchell, proposed to amend sectio11 5 as follows: By adding after the words "United States" in the 22d line, the following: " But none of the shares in said lease shall be sold or transferred so as to defeat or lessen competition, or encourage monopoly."

Upon this amendment, Mr. Lewis, of Hancock, called for the yeas and nays, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Those voting in the affirmative were Messrs.-

Albritton,

Hardeman,

Mathews,

Atkinson of Columbia, Ham,

Maxwell,

Atkinson of Coweta, Hand,

McDonald

Bates,

Harper,

Mobley,

Berner,

Harrell of Decatur, Morris,

Bush,

Harrell of Webster, Mustin,

Campbell,

Harris,

Olive,

Candler,

Hill of Meriwether, O'Neil,

Carlton,

Holtzclaw,

Patterson,

Champion,

Hood,

Reid,

. Church,

Humphries of Screven, Sims of Wilkes,

Clark,

Hyers,

Smith of Decatur,

Clifton,

Jenkins of Harris,

Smith of Gwinnett,

Crowder,

Johnson of Crawford, Snead,

Davis of Burke,

Johnson of DeKalb, Snelson,

Dodgen,

Johnson of Floyd,

Tatum,

Duggan, _

Johnson of Clinch. Thurman,

.524

JolJR.l'AL oF THE HousE.

Flynt, Frazer, Gilbert, Glenn, Gunter,

Jones of Coweta, King, Lang, Latham, Lewis,

Twitty, Tuck, Vandever, Venable, vVilliams of Upson.

Those voting Ill the negative were Messrl'.-

Alderman, Allred, Arnold, Atkinson of Butts, Boone, Brn\vn, Buxton, Callaway. Ca!Yin, Clernents, Coggins, Daniel, Davie, Dennard, Dugger Fain, }'elton, Fleming, .Fonte, Francis, Fricks, Gallaway, Gamble, Gholston, Gordon, Griffin,

Hall,

Olher,

Hcery,

Park,

Herrington,

Peacock.

Hobbs,

Perry.

Humphreys of Brooks, Postell.

Huey,

Rankin,

Johnston of Campbell, Reilly.

,Johnson of Jones,

Speer,

Jones of Baker,

Simmou~,

Jones-of Chattooga, Singleton,

Kimble,

Skelton,

Kendrick,

Smith of Calhoun,

Kitchens,

Smith of wilkinson,

Knight,

Stokes,

Lamar.

Taner.

Lawsou,

Taylor,

Lofley,

Tigner,

l\IcArthur,

jl'nrner.

:McDaniel,

'Veazey .

:McCRlla,

Walker,

McCook,

"\Vard,

:Means,

"\Varren,

Mitchell of Spalding, "\Yest,

.l\lontgomery,

"\Villiams of Applin~,

Morgtm,

"\Vright.

.l\lurray.

Those not voting were Messrs.-

Alexander,

Hardage,

Mcintyre,

Bell,

Halliday,

MclYer,

Brady,

Hart,

Mitchell of Pike,

Brewton,

Hill of Wilkes,

Rawls,

Carithers,

Holden,

Sims of Lincoln,

Chew,

Hooks,

Tanner,

Collier,

Howell,

Tyson,

Crenshaw,

Hut\',

Whitaker,

Davis of Elbert,

Jenkins of Johnson, Williams of Telfair,

DeLacy,

Mcinnis,

Mr. Speaker.

Goodman,

Yeas 66. Nays 77. Not voting 31.

So the amendment was lost.

WEDNESDAY, AUGUST 28, 1889.

525

Upon motion of Mr. Foute, of Bartow, the fifth section was adopted.
Mr. Tigner, of Muscogee, proposed the following amendment to section 6, which was lost, to-wit: By inserting after the words "Board of Examiners" in the 7th line, the following: " Whose duty it shall be to examine into, and report in writing fmm time to time, as the Governor may direct, upon the p1operty received by the lessees under this act."
Sections 6 and 7 were then adopted.
1\h. O'Neil, of Fulton, proposed to amend section 8 by t.triking out everything following the word "bidder," in the sixth line of said section, and inserting in lieu thereof the following: "And the Governor, Comptroller-Ge1wral, Secretary of State, and Trea~urer and Attorney-General, or a majority of them, within five days after the expiration of the time allowed for the reception, ;;hall examine said bids and immediately transmit to the General As:-;embly, if said body is then in ~ession, all such bids as have complied with the requiremEnt:-; of this act, for its consideration. Immediately upon. the r\ception of said bids, the General Assembly shall convenp in joint session, and shall determine to which bidder said \Vestern and Atlantic Railroad shall be leased, with the right to reject any and all bids.
" In the event all bids are rejected, then the Governor shall, in ten days thereafter, readvertise the road uud\'1' the same terms and conditions, and thereafter on till' ncPption of the bids, the Governor, Comptroller-General, t-;eeretary of State, Treasurer, and Attorney-General, or a majority of them, shall, within five days after the expiration of the time allowed for the reception of said bids, examine said bid,.; and determine which shall be accepted, with the right to reject any .tnd all bids; and in accepting bids, everything, else being equal, the highest and best bidder shall he accepted. In ca!<e the bidder accepted by the State shall fail to comply with this bid and take the road, it shall be readvertised, and the bidder shall be liable tor his failure to comply with

526

JouRNAL oF THE HousE.

his bid, in addition to the twenty-five thousand dollars forfeited under this section; and upon the reception of the bids under this readvertisement, the Governor and other officials herein named, shall determine which bid shall be accepted ...nder the same terms and conditions as in case of a rejection by the General Assembly of all the bids first made."
If the General Assembly is not in session upon.the examination of the bids, under the first advertisement, then the Governor and officials therein named, shall determine which bid shall be accepted, upon the same terms and conditions as herein provided in case of a rejection by the General Assembly of all bids.
Upon the adoption of this amendment, Mr. O'Neil called for the yeas and nays, which call was not sustained.
The amendment was lost.
Section 8 was then adopted ; also sections 9, 10, 11 and 12.
Mr. Tatum, of Dade, proposed to amend by adding a new section, to-wit:
That the work shops of the said Western and Atlantic Railroad shall not be removed beyond the limits of the State.
Upon this amendment, Mr. Tatum called for the yeas and nays, which call was not sustained.
The amendment was lost.
Mr. Han-ell, of Webster, moved to amend by l'tiiking out Section 13, and inserting the following:
SECTION 13. And be it further enacted by the mdhority afore.mid, That the Governor in the same advertisements in which he asks for bids for the lease of the road as above specifhd, shall also ask for hids for the purchase of all .the rights, title and intere~;t of the State of Georgia in and to the We:-;tern and Atlantic Railroad, its franchise~, rolling stock, depots, roadways, sidetracks, turn-outs, houses, real estate, per~onal property, and all of its appurtenances nee-

WEDNESDAY, AUGUST 28, 1889.

527

essary to its business as a railroad and public carrier, consisting of all the property turned over to the present lessees by the State, or its equivalent. And in case that no acceptable bids for the lease of said road are received, which will not amount to the sum of four hundred and sixty-two thousand dollars annually, and a bid or bids are received coming under the following sections of this act, the Governor shall accept the best bid, for the interest of the State, for the sale under the following provisions, towit:
SEc. 14. Be it further. enacted, Said purchaser shall pay into the Treasury of the State on or before the 1st day of October, 1890, two million and ninety-eight thousand dollars; on or before January 1st, 18U1, three hundred and sixteen thousand dollars; on or before January 1st, 1892, six hundred and twenty-three thousand dollars; on or before January 1st, 1893, two hundred and ninety-four thousand dollars; on or before January 1st, 1894, two hundred and ninety-four thousand dollars; on or before January 1st, 18!15, two 'hundred and ninety-four thousand dollars; on or before January 1st, 1896, eight hundred and thirty-six thousand dollars; on or before January 1st, 1897, two hundred and fifty..:five thousand dollars; on or before January 1st, 1898, three hundred and fifty-five thousand dollars; on or before January 1st, 1899, three hundred and fifty-one thousand dollars; 011 or before January 1st, 1900, three hundred and forty-six thousand dollars; or or before January 1st, 1901, three hundred and forty-two thousand dollar<;; or or before January 1st, 1902, three hund1ed and thirty-eight thousand dollars; on or before January 1st, . 1903, three hundred and thirty-three thousand dollars; on or before January 1st, 1904, three hundred and twenty-eight thousand dollars; on or before January 1st, 1905, three hundred and twenty-four thousand do1lars; on or before January 1st, 1906, three hundred and twenty thousand dollars; on or before January 1st, 1907, three hundred and fifteen thousand dollars; on or

528

JouRNAL oF THE HousE.

before January 1st, 1908, three hundred and eleven thousand dollars; on or before ,January 1st, 1909, three hundred and six thousand dollars; on or before January 1st, 1910,. three hundred and one thousand dollars; on or before January 1st, 1911, two hun(lred and ninety-six thousand dollars; on or before January 1st, 1912, two hundred and ninety-two thou~and dollars; on or before January 1st,. 1913, two hundred and eighty-seven thousand dollars; on or before January .1st, 1914, two hundred and eighty-three thousand dollars, and on or before .January 1st, 1915, three million, nine hundted and twenty-five thousand dollars.
SEC. 15. Be it further enacted, That said payments may be made in cash, or in any valid bonds of the State, now recognized by the State, and on which it is now paying interest, at par.
SEc. 16. Be it .ful"lher enacted, Upon the payment of the first mentioned amount, the faith of the State is plt'clged to make titles to said pro1wrty to the purchaser, whene\er said purchaser shall pay all of the purchase money.
SEc. 17. Be it further enacted, A full and comphte title to the purchaser may be made at any time, upon the delivery to the Treasuret of the State of all the recognized bonds of the State, now recognized, and on which interest iR now paid, with interest on the same up to the date of payment, together with the balance of the purchase price in cash provided for in section 20.
SEc. 18. Be it further enacted, The State expre:;sly t'eserves title to. the said property until all payments are made, and if the purchaser should, at any time, make clefault. in any payments stipulated, or violate any terms, stipulations, agreements, or provisions herein contained, the State reserves the right at once to re-enter upon said property ; to take possession thereof, and to hold, own, possess, and control the same as though said contract of sale had neyer been made, without liability to the purchaser for any sums or bonds paid to the State, or for any property, improvements, work or betterments upon said road.

WEDNESDAY, AuGUST 28, 1889.

529

SEc. 19. Be it fu?the~ enacted, Said purchaser shall be required, during the time covered by said contract of sale, to keep, maintain and operate said railroad, its rolling stock, equipment and appurtenances as a public carrier, in keeping with the standard of the best railroads of the State, during ~aid period.
REc. 20. Bt> it further enacted, The terms hereinbefore stated shall he considered as a minimum price at which the State will sell said property, and in any and all bids lor an amount ovet and above said minimum, the exce:;s shall be payable in ten annual installments on the first days of .January of each year thereafter, in cash, to be devoted to the common school fund of the State. Said {ntrchaser shall be incorporated as a Georgia corporation, under th<' name and style of the "\YPstern and Atlantic Railroad Company," with its principal office and place of business located in this State, and with such franchises and power:-; as are usual in railroad charters in this State.
SEc. 21. Be it .fnrtha enacted, That the Governor and Treasurer of the State may advertise said road fot :;ale on the terms contained in section ];3 f)f this act, and may make said sale by public outcry or private negotiation, as in their discretion may seem best. Provided, That if there is more than one bidder fm said propett.y, the same shall be sold to the one offering the highest bid for the JH"ivilege of buying said property on the terms stated.
SEc. :22. Be if further enacted, That the Governor aud Treasurer are authorized to make all needful stipulations in whatever contract they may make to protect the interests of the State and the purchaser of said property, and may require of said purchasers such bond for the due performance of theit eontraet, as may, in their discretion, be pt'oper and. right.
SEc. 23. Be it further enacted, That all laws and pat-ts of laws in conflict with this act be, and the same are hereby, repealed.
34

530

.JouRNAL oF THF. HousE.

Upon motion of Mt. Harrel, of Decatur, the hour of adjournment was extended until the consideration of the bill was completed.

Upon the amendment proposed by Mr. Harrell, of Webster, the yeas and nays were called for, which call was sustained.

Upon the call of the roll of the House, the vote was as follows:

Th