Below is the OCR text representation for this newspapers page.

THE MACON WEEKLY TELEGRAPH: TUESDAY, OCTOBER 13, 1885.—'TWELVE PAGES."” THE GEORGIA LEGISLATURE FOUR DAYS PROCEEDINGS OP ITS SUMMER SESSION. A Number of Ilills of Minor Interest Passed by Hotli Houses—Acts Signed by the Governor—The Quest Ion of Ad journment Discussed. Atlanta, Octolier 6—The Senate met at 9 this morning. On motion of Mr. Northen bill 309 was recommitted to the Judiciary committee. A number of bills were put through a first and aeoond reading. ADJOUBNMENT TALK. Mr. McElmurray asked for information as to what conclusion the committee had come to, which the retfblutiou to adjourn had !>eeu rcfer.vd. The President stated that they had uot finished their labors aud he had no Information as to their conclusions. f A Senator stated that the probabilities were that if the Senate did not adjourn Saturday it would do ao Wednesday next. Under suspension of rules the following BILLS passed. A bill to amend aud modify the acts incorporat ing the city of Rome. A bill to provide for any regime registration of Woters of Muscogee county. There being no bui'iuesM on the a a motion was made to adjourn, so as to allow the committees to get down to the large kWirunt of work before them. AFTERNOON SESSION. The Senate met at 3:30 o'clock. BILLS PASSED. To regulate the sale of liquor in the towns of Cal- lionn and Resaca, in Gordon county. Prescribing a method of grautiug liquor licenses in Upson county. At 3:40 the Senate took a recess until 4 o'clock. At 4 o'clock the committee on adjournment re. ported favorably the joint resolution to adjourn sine die on October 10. bills Lo-rr. The unfavorable reports to the following bills were agreed to, and the bills therefore lost: To repeal an act to create a county court in each couuty of the State except certain counties therein mentioned, approved January 19th, 1872, aud all acts amendatory thereof bo far as the same applies to the couuty of Laurens, and to provide for s proper disposition of the civil and criminal business pend ing therein, to abolish said court. To lirohibit sale of liquors within three miles of the Methodist church in Harnett. Warren couuty. ANENET ADJOURNMENT. Mr.Marshall moved to take up the resolution to ad- jmru October 10th, which prevailed. Ho said he noped the Senate would pass the resolution. , Mr. Ray said he saw no reason for haste. Resides, at the House had already passed the resolution, if the .Senate passed it, it would be beyond the j»owcr of the Assembly to postpone adjournment, however necessary it might prove to be. He, therefore, mo ved to lay the motion on the table. Mr. Day moved to make it the special order for Thursday. Mr. Gloun said it is the duty of the Senate to con cur in Hie resolution as the House had passed it, for the House beat known tho condition of its own business. Mr. Rankin said he was ready to ]>aas the resolu tion. but be thought it more prudent to delay the matter until next Saturday morning, when more in telligent action will be posaible. Rending discussion, the Senate adjourned till 9 o'clock to-morrow morning. THE HOUSE. The House had a good attendance at roll-call. Mr. Harrell, of Webster, moved to reconsider the resolution passed yesterday providing for the ad justment of certain claims of the Marietta and North Georgia Railroad Company. Mr. Tate moved to lay the motion on the table, which prevailed. Mr. Luinpkiu moved to reconsider the action of the House in refusing to concur in the Senate amendment to the House resolution for the relief of G. W. Hughes, which prevailed. FAVORABLE REPOBTH. The general judiciary conuuitteee has reported favorably the following bills: To amend the claim laws of this State. For better protection of life, liberty and property in this State. To give all persons who may receive personal in juries by railroad trains a lieu upon the property of auch railroad. To dcflno the duties of masters in chancery and auditor to regulate the filing of exceptions to their report. • To regulate issuance of requisitions by fbc Gov ernor. To require administrators on estates lo give bond or security as administrator or be removed from tho administration of the estate. A Senate bill to change the time of holding the fall terms or the Superior Court of Colquitt and Echols counties. AUAIVMT THJC BILLS. ^ The committee reports unfavorably on following To define and limit th# time receivers may operate raliroa Is iu this Htate. To regulate Laming game in this mate. BILLS passed. To amend section 4185, code 1*0*2. in relation to •.•rvice of bills inequity on defendants. To pruvido a board of assestsirs of real and personal property, subject to taxation In tho county of Richmond. To exempt physicians and preachers from road duties; also an appropriation bill as follows: In creases wsges of porter of Hutu library f3 per month: appropriate* $•1.9*19 for rui*airlng roof of luuatic asylum; pays expenses of committee that attended funeral of Hon, W. M. Richardson; tor stationery used by present Legislature pays chaplains of House and Hcnate $1«> each for summer siMslou; refuses to pay M. A. Hardin and 11.11. C'ahaniss for work done during recess, $luo each; pay* A. F. Cooledge $35 for stenogrsphic work for Keuste investigating committee; pays an addi tional porter of House for sessions of IMS aud 18«5 $2 per day. tn LAV*. The Governor has signed the following bills: An act to create a board of roads aud reveuues in the county of Usucnck. An act to establish in the county of Richmond a reformatory institute aud fur maintenance aud con trol of same. An act to amend an act to create a t>oard of com missioners of roads and revenues for the county of Walker. An act to amend an art to create a board of com missioners of roads, public buildings, public prop erty and finances or Wartvn and Taliaferro coun- ties. An act to incorporate the Augusta Mutual Endow ment Association. A resolution appropriating money to defray ex penses of laying the corner-stone of the new capitol. A resolution to' appropriate money to pay Jackson T. Taylor for nuking indexes to Senate and Home journal. An art to appropriate money to pay for matting ant carpeting in the hall of the Home and Hcnate. A rusolutiou appropriating money to furnish the offlee of principal keeper of penitentiary. A resolution to remove obstructions in Oconee river. An art to designate the title of the city court of Muscogee count/. An act to compensate managers and clerks In all national, Bute and couuty elections in Muscogee c >uuty. Vl act prohibiting the sale or exchange of liquor in tlire« miles of Reaver Ham Church, in Oglethorpe county. An act to amend an act creating commissioner* of road*, public buildings, public property and finance of Moan** county. An act to empower mayor and council of Waynea- bom, to pass ordinance as to assessing propriety. An act amending acts to cunsolhlate, amend and codify the various acts incorporating the city of Forsyth. An act to repeal an act creating a board of com- missioners of roads aud revenues for the counties of Camden. Thomas and Echols, so far a* relates to the county of Echols. An act to incorporate the Athens, Danielsville and Eastern railroad. An act to prescribe the mode ami manner of the election of five commissioners for Waynesboro Academy, Burke county. An act to repeal the ad of Clayton. An act to amend an act incorporating the town of DeHuto. An act to amend an act establishing a new charter for Atlanta, so as to make the mayor an ex-officio memis-r of the board of police commissioners and of water commissioners. An act to prohibit the sale of spirituous, malt g.RPy^°ther intoxicating liquor in the county of An act to repeal an act to form a board of county commissioner* of road* and revenue for the county of Appling. # An act to. to members of the board of roads and rsvenues and amnty Iwanl of location of th* county eg Jeffers m $2 per day for each day’s service. Un£«2 appropriate litui for repairing the State -*** Sijj aathor !“ Uunm* to MUIdabrtdge over the Oconee, and to levy a tax for **•«*»* of the day was the tax but which was not wached at 1 o’clock, when Ike House adjourned till 3p.m. * AFTERNOON SESSION. The House was called to order by the flpeaber. aE*r>LOTION FJQSED. For ti» relief of the Merchants' Insurance Com pany, of Xtwark, New Jrraey, yeas Mi, nays 10. CONCURRED IN. Senate amendment to the bill submitting the mat ter of prohibition to the voters of Resaca and Cal houn waa taken up and concurred in. BILLS passed. Carrying into effect paragraph 1. section 17, arti cle 6, of the constitution, yeas 95, nays 26. BILLS LOST. Amending section 4258 of the code, yeas 77, nays 30. CORRECT ASSESSMENT OF PROpERTT. The order of the day, being the Senate bill "to £ mvlde for the correct assessment of property for ixatiou,” was reached at 4:30 p. m., taken up and read. Mr. Terrell moved the indefinite postponement of the bill. Mr. Arnheim opposed the motion in his earnest, pungent style. 51 r. Clay opposed the passage of the bill in his incisive style. Pending discussion, a motion to adjourn obtained. i repeal the act creating the county court Atlanta, October 7.—The Semite waa called to order this morning by Senator Itankin. Prayer was offered and the journal approved. Mr. Bristow moved to reconsider the bill to prevent sale of liquors witbin three miles if the Methodist church in Barnett, Warren ■:ounty. This hill was killed by agreeing to the adverse report of the judiciary commit tee. Mr. Bristow made a brief speech in support of his motion. Mr. Davidson, of the committee, stated the reason which induced the committee to report it adversely. He said they had given earnest consideration to the measure, and that it was deemed unconstitutional in that Barnett was in less than three miles of Tal iaferro county, and that the legislation would cover territory where notice of the nieoatire had not been advertised. There was also a petition against it, signed by 169 citizens. Mr. Cabaniss opposed reconsideration on the same grounds, but said he would vote for reconsideration if it would do any good. However, all the remedies proposed would avail nothing. There would not he time to advertise it in Taliaferro, and the proposed amendment to make the hill apply only to Warren would raise another constitutional objection. - The title of the bill could not be changed and comply with the advertisement in Warren county, and the body of the bill could not be changed with regard to the constitution. Mr. Bristow's motion prevailed. FINAL ADJOUBNMENT, The resolution to adjourn on the lOih inst. then came up, and the motion to concur in it was tabled. Mr. Johnson then offered a resolution that three Senators aud live members of the House he appointed to investigate the state of business before the General Assem bly nnd report a day for tinal adjournment. Upon its adoption the Chair appointed Senators Johnson, Maddox and Mitchell on behalf of the Senate. TUE TECHNICAL BILL. This hill was called up as the special order. Mr. Davidson said he did not pro- tose to make nny further speech on this rill, but desired to say the onginal hill wns almost unanimously reported favorably by the committee, nnd that the substitute was offered by the Senator from the 27th dis trict, and between these the Senate wns to decide. President Carlton offered additional re marks in favor of his substitute. Mr. Colley opposed the substitute. The substitute was adopted yeas 16, nays 15. The bill was put on its passage, when Mr. Russell moved to table the bill. Ke subsequently withdrew the motion to allow Scnator Davidson to make a motion to reconsider the adoption of the substitute. On motion of Mr. McBride the motion to reconsider wns tabled. On the passage of the bill ns substituted Mr, Russell oppose it, and nppenled for snch a veto on it thnt it can be reconsidered to-morrow. As the bill now stands it can not be amended. Mr. Davidson supported Mr. Russel's re marks. Mr. McBride spoke ngninst the passage of the bill and urged that it was unconstitu tional, On the cnll of the roll the bill ns sub stituted failed by vote of 15 ayes to 21 nays. The bill to make effective the prohibition Inws of DeKalb connty waa call up. Mr. Brown favored the passage of the bill. Messrs. Cabiness and RusaeU opposed it. Thn bill prohibited the manufacture of whisky. There was a distillery there be longing to Cox, HiU A Thompson, anil they bod $10,900 invested in the business. To pass this bill was to confiscate their prop erty. The whisky was not Bold or given away in DeKoih connty, but as it came from the worm went into a locked receptacle, the key of which waa in the bonds of an offi cer of the government, and the manufac turers not only did not sell it bat could not give it away iu drinks. Tho bill was lost by 22 ayes, 16 nays, for wunt of a constitutional majority. The Senate then adjourned until this of' teraoon. AFTERNOON SEOSION. The Senate spent the afternoon session resiling bills first and second time. It also punned the following bills; A bill to incorporate the Atlanta Loan and Banking Company. Yeas 25, nays H. A bill to incor]>orato the Albany and Daw- sou ltnilroad Company. Yeas 22, nays 0. A bill to amend the act incorporating the West End and Atlanta Street Railroad Com pany. Yeas 32, nays U. A bill to amend the garnishment laws of this State by providing how they shall be dissolved. Yeas 22, nuyw 0. A iri’l to alter and amend section 3(31 of the code of 18N3. Yeas 25, nays II, A bill to prescribe the timo torlmnting in the county of Wilkinson. Yiai 25, nays U. A bill to amend the charter incorporating the Macon Savings Bank. Yeas 27, nays 0. A bill to incorporate the Commercial Bank of Wfnyerons. Yeas 36, nays 0. A resolution to pay Joel A. Llewelyn for an artificial arm. Yeas 33, mays (». A bill to prescribe what the brief of evi deuce shall contain iu application for trials in the superior courts of this State. Yeas 30, nays U. A bill to incorporate the Gainesville and Western Railroad company. Yeas 24. nays 0. A bill to amend section 4,001 of the code of 1882, which relates to the sale of lands by commissioners in partition. Yeas 24, nays 0. A bill to authorise the comm'ssinneni of roads and revenues of Coweta county to ■sty out cf the county tr«isnry to the Laities' Memorial AssociationJKOO to erect a monu ment to Confederate soldiers. Yeas 23, nays 0. A bill to require merchants doing busi ness in Green county to keep a record of cotton bought in less tllsn bale lots. Yeas 23, nays 0. A bill to prevent the importation of sec ond-hand or cast-off clothing in this State. Yeas 23, nays 2. A bill to amend on act to prevent ob structions being laid in the Oconee river. Ayes 23, nays 0. A trill to regulate practice in the Superior Courts of this State in eases of appeals from justice courts. Ayes 25, nays 0. A bill to regulate the issuing of commis sion* to notaries public wbo are ex-officio justices of the peace. Yeas 24, nays 0. A bill to declare where judgments are dormant in this State, to require entries on executions, to prevent dormancy, eta. Yeas 26. nays 1. A bill to amend section 3533 of the code of 1882 iu reference to garnishment. Yeas 27, nays 0. A bill to require tax • collectors in thiB State to record the names of persons who have not paid taxes and amount such per- sons owe. Yeas 27, nays 0. A bill to allow maimed Confederate sol diers to mako application for money or limbs not drawn. Yeas 28, nays 0. The bill to incorporate the Atlantic and Golf Railway Company was tabled. On motion of Sir. ’ McBride, the Senate adjourned until to-morrow morning ut 9 o'clock. HOUSE. On motion of Mr. Gustin, of Bibb, the bill changing the manner of suing out a mandamus against judges of the Snperior Court, which hail been lost yesterday, was reconsidered. The bill now takes its regu lar place on the calendar. Mr. Pringle asked unanimous consent to take up House hill making liquor licenses in McIntosh county $5,000, which was denied. He then moved to suspend the rules, which was voted down by 59 nays to 55 yeas. It takes two-thirds to sus pend the rules. This is in the nature of a sumptuary bill far worse than a prohi bition election, for it virtually amounts to a Legislative prohibition to sell liquor in a county. The indications are that the bill will not be passed, Mr. . Pringle tries every now and then to get this bill before the House. His notion in these temperanee matters smacks of a fanatic crusade. The House is strongly in favor of temperance legislation, but is not prepared to go quite to the dogmatic extent that the gentleman from Washington seems not only willing but anxious to go. sHinxiso WORK. Mr, Griffith, of Oconee, offered a resolu tion to hold night sessions, beginning at 7:30 o'clock. Mr. Loflev, of Macon, moved to table the resolution; but subsequently withdrew the motion. The question occurring on the resolution, it lost by a vote of 74 nays to 66 yeas. As it may be a matter of interest to the public to see who are willing to work nt night to get through the business of the Legislature nnd who arc not I give the vote: Ayes t'rti—Billiard. Bartlett, Beck. Berner, Boyd, Brinson, Canady, Caah, Chandler, Clay, Davenport. Dennis. Borniiny, Durdenn, Felton, Fea* Itan, Goodwin. Gordon. Grier, Grea- ham, Griffith, Uachett, Hamilton, Harralson, Harris, Hart. Heard. Hines, Jenkins, Jones of Fayette. Jones of Miller, Kytle, Lamar of Baldwin. Laugston, Lewis of Hancock, Lindsey, Lott, Lovetffi Lumpkin, McCook, Mattox, Milner. Palmer, Parker, Patterson, Pooh Pringle, BclUy, RusaeU of Clarke, Scott, Stevens, Stoddard, Sutton, Teasley. Terrell, Thomas, Usry. Veazay, Ward, Watkins of Colqnltt. Willis, Wimberly, Wheeler, Womack, Word and Wright. Nays, 74—Adderton, Arnheim. Baker, Bond, Brandt Butt of Halo, Butt of Marlon, Cason. Chappell. Cleghorn, Comer. Cornell, Dugger, Ellis, Fite, Fitzgerald. Flynt, Ford, Franklin. Foyer, Gardner, Gustin, Hardeman, Harrell oi Decatur, Harrell of Webster, Hartridgc, Hawes, Hawkes, Hightower, HolBngaworth, Hop- son. Humphries, Johnson of Floyd, Jones of Troup, King. Lamar of Pulaski, Lewis of Greene, Little of Franklin, Lotley, Lynch, McCants, McLendon, Mc Whorter, Maples. Mason, Matthews, Myers, Middle- brooks, Miller, Montgomery, Moon, Moore. Morgan, Peeples, ltayborn, Reynolds, Bussell of Harris, Shirley, Sims, Smith of Douglas, Snead. Spiuks, Staten. Stewart Tarver, Thayer, Thrash. Turner of Coweta, Turner of Floyd, Walker. Watkins of Gil lum, Webb, Wilson of Camden, Wtlaon of McIntosh. AFTER WANDERING SHEKELS. Mr. Lewis, of Hancock, moved a suspen sion of the rules to take up bis bill provid. ing for tax collectors to keep a record of all tax defaulters, which obtained. He ex plained to the House that the bill merely prescribes that collectors shall do what in any other business would be done. Conn- ties lose considerable money in fi fas given to constables for collection ’without any record of them being kept. Muny of these are collected nnd no returns ever made to the county. Near the elections it is impos sible to tell wbo has and wbo has not n right to vote as determined by payment of taxes. Tho collector in Hancock, tit an election, took oath that, except ns a mere matter of memory, he could not tell wlio were entitled to vote, wbo were tax default ers nnd wbo not. Mr. Harrell, of Webster, sustained the ground taken by the gentleman from Han cock. Bill passe 1. ATHENS TO HAVE FREE SCHOOLS. Notwithstanding that Athens is the scat of the State University, nnd is noted for its other educational institutions, it bos no system of public schools. Two years ngo Mr. Russell, of Clarke county, got a bill through the House nnd Senate establishing free schools in Athens. The city counci. petitioned the Governor to veto the bill, which he did. Mr. Russell made his issue nt the Inst election that of free schools for Athens, nnd wns elected thereon. In the meantime n new city council foi Athens, one that favors the free school system, has been elected. To-day Mr. Russell called up his bill establishing the system in Athens, and it was rend the third time and passed without opposition. It is conceded that the Governor will not veto the bill, and Athens may be regarded from to-day hnving free schools, as well ns the State University. MORE HELP FOR CONFEDERATE SOLDIERS. Mr. Hamilton's bill amending the last sentence of article 7, section 1, paragraph 1, was taken up and passed. The bill pro vide* for assistance to all Confederate sol diers disabled during the war. At present the law is "to snpply soldiers who lost a limb, or limbs, iu the military service of tho Confederate Stub a with substantial ar tificial limbs during life.” Under the bill passed others permanently disabled may re ceive certain assistance. Mr. Bartlett, of Bibb, made a very eam- e it and graceful speech in support of the bill. He said thnt every true son of Georgia would take special pride in voting for this amendment, wb eh would in some slight degrea niMiowleilge our heartfelt gratitude at their sacrifices iu our lie half. The bill passed without a singlu dissenting voice, being 141 yeas. The language of the conxtitntipnnl amend men’, which wi 1 ■ f coins , have to be vot—i for oy anoiuer lcg.»lutur,. and theu voted on by the people at a general election, is to extend to all Confederate iiohtiera of this State, otto,-nise disabl vl, t! • -nine or equal hcnefiti, us provided for tnose who have lost a limb or limbs. Mr. Frazer, of Liberty, one of the three negro members, voted for the bill; the other two did not vote. NO PENSIONS FOE SOLDIERS' WIDOWS. Mr. Connell's bill for pensioning the will ow* of Confederate soldiers, allowing each $50 per annum. Ever since the unfortunate affair between Mr. Connell and a newspaper man, which almost developed into a duel, the gentle man has kept silent on the floor of the House. Tonlay he spoke fot the first time, and them in behalf of the indigent widows of Confederate soldiers slain on the battle field. Ho said that it seemed to him bat purely patriotic matter and a generous char ily to protect the tew widows left. There ore not many in any one connty. To day a bill was passed to aid all disatried sol diem, and it would seem an unmanly diacrimi baton not to extend a like aid b> such wid ow* of Democratic soldiers aa may be in need. Mr. Brandt, of Richmond, thought aa the bill left the matter in the discretion of the respective grand juries of each county, it ought to pass. Grand juries have the au thority to do a number of charities in their discretion, and there is every reason to grant them the power to relieve helpless widows of slain heroes, whose lives were sacrificed in behalf of the State. Mr. Connell colled for the ayes anil nays, which call wns sustained by a vote of 20 for to 70 against. One-fifth sustains a call for aves and nays. The vote on the bill stood os follows: Ayes 62, nays 51. OENERAL TAX ASSESSMENT. Mr. Terrell had the floor yesterday after noon when the House adjourned, on his motion to indefinitely postpone the general tax assessment bill. To-day he said he would not insist on the motion. The friends ond opponents of the bill had a con ference last evening nnd agreed upon a sub stitute for the original bill, which he offered as a substitute. The substitute strikes out the board of tax assessors but provides for a printed series of questions to be submitted to the taxpayers by the tax receiver, specially set ting forth each and every kind of property to be returned, and answers given under oath. This will enable the receiver to have a full and complete return before him nnd also enable the grand juries to investigate the same fully and completely. It is a step in the right direction and has a tendency to meet the just demand of the government. Mr. Arnmheiiu, who had been one of the conference committee, Jad voented the sub stitute. He did not accuse the people with dishonesty, but he held that it is best not to leave assessment of property for taxes to individual owners. Mr. Middleton, of Newton, opposed the bill and substitute. The people are honest, and there is no need for the machinery pro posed. Mr. Watkins, of Gilmer, opposed the bill and substitute because it was not needed, and because it would incur a waste of pub lic money, without due compensation. Mr. Harrison, of Qurtman, favored the substitute. Also Mr. Jenkins, of Putnam. Also Mr. Haekett, of Catoosa, who said the substitute because it would equalize taxation, and make every citizen bear his part of govern mental expenses. At present this is not the The substitute was passed by a vote of 94 ayes to 15 nays. On motion the hill was immediately transferred to tbe Senate. WILL IT BE SATURDAY? Mr. Middebrooks moved to take up Senate resolution providing for a joint committee of three from the Senate and live from the House to examine the state of the business before each branch and report if it be well for the welfare of the State to adjourn on Sat urday. The motion obtained, and the Honse concurred in the resolution. In conversation with many members of both branches, the conclusion gathered from their several opinions is thnt adjourn ment cannot be had before Thursday of next week. There are a number wbo are willing to adjourn tc-doy nnd leave the business just as it is. OTHER BILLS PASSED. To prevent tbe use of fire on or about bridges in tins State. To prevent officers of this State from exercising tbe duties of their office after in dictment for mnlpmctice. ANTI-RAILROAD COMMISSION BILL. The order of tbe day, being tbe consilient tiou of tbe auti-Rnilroad Commission bill, wns taken up. Hr. Hawkes opposed the passage of the bill. Railroads were not strictly private property. Long ago tbe courts decided that millers, common carriers, etc., in contact with tile public interests, were subject to have their charges regulated by the State. Ho read from Judge Black's decision in Pennsylvania reports. The Legislature had forfeited the charter of a railroad and au thorized the Governor to seize it und place it in charge of an agent. They went to the courts to obtain possession on tbe ground that n railroad was private property. The court held thnt the act did uot authorize tbe seizure of the rolling stock, lint take possession of the public highway. The pub lic highway bud been taken for pul die uses. Otherwise it could not be taken at nil. The right to toko toll on the highway, whether it be a railroad, river, canal, bridge, turnpike or common road, wns grunted, but stibji o: to regulation. When the franchise ended tbe highway reverted back to the State. The Supreme Court of tbe United State* lind also belli tbnt railroads are public high ways. The right to erect them is n public right, but the owners of the franchises are hat agents of the public. The public lias n right to say bow they shnli conduct their business and to fix limitations beyond which they cannot go. The railroads are the high' ways of the State, and the State lias a cum mon law right to regniate them. They are not for individual aggrandizement, but for publio use. The constitution of Georgia confer upon tbe Legislature tbe pow uud authority to regulate rates, and say they shall require just and reasonable rates. To regniate means to adjuat, to govern, to rule, to dispose nnd to plan. Tbe Gen erul Assembly ennnot delegate that power to another department of tbe government, one for tbe constitution confers the authority anil power, aud imposes upon them tue duty. The bill seeks to put this power first in the bands of tbe railroads, and ultimate- ly in the courts. Mr. Hawkes gave way for adjournment On the motion of Mr. Middlehrooks, at the evening session, the Speaker appointed the following as the Honse qnota of tbe joint committtee to report on n final day of adjournment: Messrs. Gustin, Ballard, Boyd, Hart and Moyer. On motion of Mr. ltnvbon, the rules suspended and the bill passed preventing non-residents of Wayne county fishing in Big and Little Butilla rivers in said county HHABP PRACTICE. Mr. Pringle, the temperanee “leader' 1 played a little trick on the House this evening. He got Mr. Griffith, of Oconee, to ask nnonimous consent to take up the bill raising liquor licenses in McIntosh connty to $5,000. air. Griffith did not muue the bill but designated it by number S 49|. The House did not suspect Mr. riffith and tbe unanimous consent was granted. Even the Representative of Mc Intosh county did not racognize the bill by its nnmber. He is a colored man. When he discovered how bo bad been trick ed into allowing the unanimous consent, be exclaimed on (Recovering bis error, “Good God! now jea' look at dat!” Had not unanimous consent been given the bill coaid not have been gotten before the Hquse, for it wonld take tuu-tbinls to s ns pend the rules, and Mr. Pringle had failed to get a two-thirds vote for suspen sion only yesterday. Ur. Wibon, of 1 bill. Messrs. Dart and MMdlebrooln seconded hia efforts to defeat the bill. Mr. Barlett, . of Bibb, hod a letter Iriwl from the marshal of the totfn of Darien, laying the place was or derly kept, and commending nit former op position to the bill. Mr. Pringle rehearsed bis speech ot a former occasion, with which the Txl.s- oeafs's readers are familiar. Mr. Wilson offered an amendment leaving the question *1 raising the license to the Mclntoah, opposed the voters of the county. The amendment was lost. On the passage of the bill tbe ayes nnd nays were called. They are ns follows: Ayes 79, nays 51. Not receiving a consti tutional majority, the bill wns lost. The bill not receiving the constitutional majority, which is 88, was lest The bill incorporating tbe Athens nnd Jefferson Railroad Company was then passed. THE RAILROAD DILL. It was ten minutes of 5 o'clock when tbe Speaker said tho railroad bill was in order. Several amendments were offered and rend for information. They nre ns follows : Mr. Watkins, of Gilmer, moved to amend by striking out all of the second section af ter tbe word shall in the eighth line, anil insert in lieu thereof the following: Submit the name to the ennimlsslon, whose duty It shall be t(, revise and regulate and pass upon the name upon terms just aud equitable to tho ratlroade aud tbe people before the same shall go Into effect. The rommltudon reserving the right to reverse the decision or change the tariffs ou freight rate. nu any road in tho Htato. at auy time, upou rath-factory complaint, made either by the railroads or the people, of unjuat rates. By Mr. Griffin, of Oconee—To amend section 2 by inserting in the twentieth line, between tbe word “charge" nt the end of the sentence nnd the word “when," the be ginning of the next sentence, tbe following: No particular form shall be necessary for said pe tition, aud If tbe same sets forth tbe rate complain ed of, shows that the complainant or petitioner is affected thereby, and shows a rate which tho party complaining thinks would be just aud reasonable. It shall not be dismissed for want of form, but shall be heard and determined aa herein pro vided. Mr. Russell, of Hnrris, proposed to amend by adding after tile word “con cerned," in the fifteenth line, iu the second section, the following: Provided that the schedules and rates fixed by the railroad companies as liereiu provided, shall not become operative until tbe same shall have been submitted to and approved of by the railroad enmmtsaleuerw, and In ease said cinumissloocrs should refuse to approve tbe rates no made by any railroad company in this State, then in that event they ab-11 give ten days' notiec to said railroad compa .y, specifying any particular Item or Items that they do not approve, and after a full hearing fix the same, which said rates ahall remain In force until changed as herein provided. Further, to amend by striking out all of the bill after the word concerned lu the fifteenth line of aicond section down to the sixth section of said bill, which la the refiecting section. Mr. Harrell, of Webster, offered an amendment to section 1st in the following worils: That whenever tbe said commission shall contem plate a change In the regulation of the passenger tariff or the freight rates of any article or articles or any class of freight ou the raitroails of this State, they shall lie required to give ten daya' notice to tbe road upon which said change is content- dated, of their Intention, nnd the tallroad. iv their authorities. or auy person firm or corporation which said proposed change may affect, shall have the right to appear before the commission at the time appointed by them, and be heard as to said contemplated change. Ami said commission, after said hearing, and upon full con sideration may proceed to make said change, or not, as in their discretion they may see fit. and the decision of the commission sbail bo final until altered or changed in the manner above prescribed, subject only to review by tbe General Assembly. The notice herein prescribed may be given by mail to the authorities of the road to lie affected by salil change, directed to them at the post-office of the principal office ot said roads. Provided that til case of emergency, to be determined by the commission, only threo days notice may be given and which may be done by telegraph at the principal office ot said company to bo affected. These amendments hnving been read for information. Mr. Hawkes, of Sumter, having the floor, resumed his argument, and spoke until six o’clock, the lionr of adjournment. On motion tbe session was continued until Mr. Hawkes should close, which bo did at 6:10. Mr. Hawkes said: Tbe startling dis parity in the charges of the respective roiuls before tbe commission existed, is nu unswer in itself to tbe assertion by tbe roads that none but a jury is competent to regulate prices. They themselves seem to have differed more among themselves than tbe commission hns differed with tbe roads. It wns time when ono roatl wns chnrging three times much as another road for battling bread, for tbe State to step in nnd fix the maxi mum rate. The people of Joneslioro hauled their cotton in wagons to Atlanta to sbip it to Savannah, because it cost them ns much to ship it trim Jonesboro to Atlantu us it dill from Atlanta nil tbe way to Savan nah. Railroads nre, in fact, hut agents of tbe public, and their discriminations de manded regnlati >n, nnd the commission. Railroads naturally desire to make ns much nit tbe traffic will bear, nnd it is therefore only self-preservation for the State to regu- into the rates. Mark you, tho commission does not fix the absolute rates. It only says that above this nnd thnt rate the roails -luill not go. The roads often go below it, as is seen in the war between tho Enst Ten nessee anil tbe State road, when passenger tariff went fnr below tbe rates fixed by tbe commission. These roads say it is not competent fnr the Commission to mnke mtes, because tbe commissioners are not acquainted with tbe roads' business as they should be to fix just rates. But they are willing to leave the just fixing of mtes to n jury of twelve man whose honesty is certainly indisputable, but whose knowledge to fit them for railroad rate-making must be infinitely less than that of tbe commissioners. No for n moment raises nny objection to jury trials, bnt rate-making is not any part of a jury's functions. If the commissioners, who have hud unuile oppor tunity to study every point in making rates, hnve failed to give satisfaction, as the rail roads claim, how ran it lie possible fnr vari ous juries to give katisfaction. The bill practically relegates the people back to the common law rights they nail before the commissl&n existed. Tbe people conlil always appeal to tho courts against unjust discrimination, but this bill proposes now, if it {losses, to first compel the people to have a trial before the commission, und they to a jury, anil finally to the Supreme Court. This hill does really nothing more than to place the commission ns n harrier of defense before the railroad, and liets een tbe people and the courts, where before the commission they could Irnve gone speedily. Tbe railroads of Georgiu who are raising tbe cry that if the commission stnmls as it is now,no more roods will be built,do not want competition. Mr. Haynes bos said through the press tbnt the roods of Georgia do not want any more roads, unless they increase the bnsiness of the roods existing. In other words the roads want no competition, aud will oppose any new roiuls except such as may become little feeders to tbe present roads. No»’, as n matter, there has been more railroad building in Georgia in tbe first six months of the pres ent year than in any Htate south of Mason and Dixon's line and east of tbe Mississippi. Six roads are under oonstruction and fifty-four miles constructed this year in Georgia. Mr. Ellis, of Fulton, got tne floor and will have it when the bill comes up to-mor row. It is understood that friends of the bill will aecept Mr. Griffith's amendment as an amendment to Mr. Jenkins's amendment, and in that shape the bill will pass. Leaders of the opposition confess that enough of their followers may be carried for Uie bill by the amendments designated to allow the bill to pas*. *r» Maws. The Governor today signed the following bills: Authorizing sale of city hall of Augusta Richmond county for court house. Authorizing Snvnnnali to permit the Cot in Exchange to bridge or arch tbe slin at ot of Drayton street. Incorporating the Savannah Dredeinir Company. K Urotecting birds and game in Macon county. Prohibiting non-residenta fishing in Mur- ray county other than by hook and line. Prescribing manner of selecting county school commissioners for Rabun connty 1 Incorporating the Augusta Cooperation Fire Insurance Company. Providing for registration of voters in Sumter county. Changing the nnmo of the town of Ward i Randolph connty to thnt of Sliellmnn Incorporating the Savannah nnd Tybee- lilwny Company. J Incorporating the Louisville nnd Wadlev Telegraph Company. J Iuconiorntim? thi ' ton Incorporating the Monticello and Eaton. •n Iliulroml Company. Providing registration of voters in Snaid. g county. Amending charter of Chipley in Harris county. Incorporating the Waco nnd Bowden Rmhoatl Company. Enlarging the power of the mnvor and city council of Macon as to the'levy and collection of license and business taxes in said city. Incorporating the Columbus and North- rn lhulwny Company. To submit to voters of Screven county whether or not shall re-establish the countv court. J Enlarging corporate limits of Allinny bv milting the fair grounds, park nud tbo addi tion to tlie cemetery on tbe southern boundary of Haul city. Changing name of Indian Spring in Butts connty. Prohibiting mayor and city council of Rome holding nny other municipal office Providing for two weeks' session of Ma rion county Snperior Court. Providing two weeks’ session of each term of tho Superior Court of Taylor county. Providing board of commissionen for Heard connty. Authorizing the Governor to sell the Georgia Lottery property. Ratifying unil confirming charter granted Covington ond Macon Railroad company— under tbe general railroad law. w Atlanta, October 8.—Tbe Seuste met at the n.nal hour this morning. 51 r. buviilson uisd^s motion to reconsider tho no* tion of tbe Senate yesterday as to the technological bill. He said ho did not propone to consume further time u discussing this measure, but there were members who wanted a reconsideration, so that the original bill or tho substitute could be passed. He and otuern voted against the substitute, but if they could not get the original they now wanted tho pas sage of the subatitut». Mr. McBride thought the matter had been dis posed of once for all, as the Souate by a largo ma- iority had showed Itself opposed to either the bill or the substitute. He said further that the Senate waa unable to appropriate money for the common schools, much Jess for a technological school, and depleted as was the treasury an appropriation for either was Inhibited by the constitution. There was- a howl over the State's failure to help her common schools. He was sorry the Htate could not do ao, and while ho would like to have a technological school if the Htate was able, he ho)>c<l neither tbe bill nor the substitute would be entertained by the Senate. Senator Smith, of the Thirty-second, spoke in favor of reconsideration and said he wasted the young men of Georgia to be equal to any in their mechanical and aclentitlc training to do big work, and he waa therefore in favor of tbe bill. Senator Davidson spoke of the beueflt of tech nological tralniug, and urged reconsideration so that cither the original or tue substitute could be adopted. Mr. McBride moved to lay the n. tion to recon sider on the table. The ayes and nuya were called and the motion to table waa lost by 13 ayes to 21 the motion to reconsider was then adopted by 13 ayes to 13 uays. Un motion of Mr. Brown the bill to make effective the prohibition laws of DeKalb county was rcoon* a tiered. There was uuite a lengthy discussion on tbe De Kalb county local option bill, the prohibitionists coatending the word "manufacture" should be stricken out, ao the bill will road aa follows: "The aal * of spirituous wines, malt or intoxicatingdlnnors Hereby prohibited in the county of DeKalb.'^ Mr. Cabaniss claimed that bis amendment strik ing out the word "mauufsctnre" was not an enter ing wedge to reopen the question of prohibition, aa charged by the Senator from the Twentieth (Mr. Northen), and bo thought the charge was unkind. Mr. howl* called the previous question, which was sustained, and. on motion of Ur. Maddox, the jut* atiu nays we e recorded on the amendment of the Senator from the Twenty-second. On the call for tho yeas and nays tbe yeas wen 1'J, nsya 15. Ho the amendment was adopted. Un motion of Mr. Brio, n, the bill, with the amend ment. was laid on the table. The Senate agreed to tho report of the Joint Com mittee on adjournment—to adjourn on tho 15th in sun t. On motion of Mr. Tignor the bill to amend ftn act. establishing a new charter for the city of Atlanta- was taken from the table and put upon its passage. Vea< 21. on motion of Mr. Bay bills were taken np for a third reading, A bill to regulate the distribution of the journals of the Senate and House of ItepresonUtives. Yea* A bill to prescribe how licenses shall be issued In Upson couuty. Tabled. A bill to prohibit the sale of intoxicating liquor in the county of Miller. Yeas 29. A bill to ameud au act incorporating the town of May*v tile, in the counties of Jackson and Banks. Yeas 29. A bill to lease the waterpower on the shoals and falls of the reserve at Indian Springs. Mr. J lodges said the shoals spring was h«sed in 187ft aud the litigation of Col. Lamar is only for a part of tbe reserve and does not relate to the part men tioned in the above bill. 1 Mr. Thornton said all funds arising ont of the leasing of CoL Lamar's par iwas donated by him to tho educational fund in the county in which the spring is located. Mr. Cabaniss said that the mill mentioned by Senator Hodge* waa not on the reserve. He claim ed that Col. Lamar couhl not donate the property of the Htate to th* education si fund of the county. He could not conceive that CoL Lamar had any rtohta in the reserve, and that the biU states that if the Hide regain* poseesshm of the reserve it may rent it to the highest loader*. That the spring should be improved by the Htate. Hia inform mation from the Beprrsentativc from Butts and the Senator from the district wu that CoL I-*™** bad violated the tenue of hia lease On the ttshmt of the bill the yes* were ») and tne nays 9, A bill to repeal mi act authorizing the issue of land warrants in the county of Camden—yeas 33, nays 0. A bill to amend the practice in equity as to grant- Ing injunctions restricting tho cutting of timber or boxing too same for turpentine purpose*. Ayes 29. nays 0. ’ A bill to establish a technological school aa a branch of the Stats University. The substitute of tho Senator from the Twenty- seventh to the original bill waa read. The ayea and naya were' called on the substitute of the Senator from the Twenty-seventh. Tha yeas are Mand the nays 22, so the substitute was not The amendment of the Senator from th* Thirty- second was agreed to. The report of the committee was agreed to. ?£ ni * 1 ■•W he wonld vote no simply because he did not think the State was able to bear thin addition- the \5lL*** ^ “* d * Uy * WeW C * U * a U4K>n J^ornhjn ■aid be was willing to vote for tho substitute, and aa it could not )nxmm he would vote for tbs original MIL He thought a school of tech nology should be established somewhere In Geor~ 8**; did not care In wl<at city it wan stationed. Mr. Clark said the Senator from tbe Forty fojrth said that we conld not now afford to <*tablUh this wbool now. He believed that the Hut* waa able. Itacemad to him that a common school education dot* not prevent crime and does not Improve the r>f tha country, nor does It decrease tbe sui cide. That crime is terribly on the im-re*,*. u« bad been running machinery for several year*, and be therefore should vote for the bill, believing that U would improve the morals of the country, etc. That ha thought It would tend to do away with dia- UlD'tiollN in RECtetf. # Ml McBrido ailb- nju much Is lavoc ofedq- c.tt.10 .» any our. tot Uw state tau so fuiid. to Buts this »xpcrtm-nl. Th*t it w*. an PitNrtmrat. Hr. Brown utr-l If tbs umdlUna of tl,.- but-i woaU be ,NTtinVm of th. Ntete for ran. EMfAU«Mtth,dU not hnow.bat that be did Dot think tb*t this iNitlateturr ahmilil ....—■ . law tub).. t to tbr aiqimial of th. iMtelMOn WBrm Is tbs ifi^Utotlon toUNorfi. UfitidErS*^toTS jxrry UgMaton for »n sddltioul >iq n nrUtbin JhatthoMthorof Ui. bill iu on.™ fltenite, hot ImcouWI not vote vronllliu to iNr*in»l {Continued on page 7.J