Message of Gov. Henry D. McDaniel, to the General Assembly of Georgia, November, 1884, 1885

MESSAGE
Q.F
Gov. HE}IRY D. IiicDAlIIEL,
TO Tllli
GENERAL ASSEMBLY OF GEORGIA, NOVEMBER, 1884.
ATLANTA, GEORGIA:
JAs, p~ HARRISON & Co., PRINTERS AND PUBLISHERS, 1885,

MESSAGE
GoY. HENRY D. McDANIEL,
'l'O THE
GENERAL ASSEMBLY OF GEORGI~ NOVEMBER, 1884.
ATLANTA, GEORGIA:
JAs. P. HARRISON & Co., PBUiTEr.s AND PuBLISllll:BS, 1885.

MESSAGE.
EXECUTIVE :QEPARTMENT,
ATLANTA, GA., November 5, 1884.
To tlw &nate and lloitse qf Representatives :
The people of the State, sine i the adjournment of the preceding Legislature, have steadily gained in all the ele. ments of rnaterial prosperity. It would be too much to f'ay that there have been no losses, or di~appointmenti:, or disorders. Our crops have not met the expectations of those dependent npon the rewards of agricnltnre; but there has been no disastrous failn re in any section of the State. Improved method:; of husbandry, increased indnAtry and thrift, and the steady tendency to greater diver,-ity of crop!', have kept the farming interest f~irly proElperons.' There has been a gratifying; increase in mannfacture8. lndm,trial eriterpriees are constantly ,::pringing up and furni,-hing more varied .means of honest livelihood, and adding to the number of i,.killed artisani,-an important dal's of citizens which contributes much fo the wealth of a State. We have not e~caped the deprcs~ion whieh has affected rrianufactn,-ing internst throughout the U ion, and the effects of the financial panic of the past spring and summer have been l'everely felt in ottr commerce and tinancef'. Yet the strain has been admirably borne, and ther~ has been no sneh increa~e in the 1:umber and amount of fail1Hes as to deetroy, or seriou,;Jy impair, confidence. Crime has not increaf'ed, while the laws have been vigorously enforced. There has been a pE:rceptible increase in the number of convictions and executions of the death Een. tence, but this is attributable to increased vigilance on the part of officials of the courts1 sustained by an enlightened

4
pnhlic opinion. We may not hope to stippress crime altogether. No people have lived under conditions which rendered such a result attainable. But we may hope to render punishment more certain, and protection to life and property more efficient.
I transmit herewith the Reports of the various officials connected with the government directly, or with institutions supported by the State, which give satisfactory details, showing the operations of their departments.
STATE FINANCES.
The Report of the retiring Treasurer, Hon. D. N. Speer, contains a gratifying exhibit of the financial condition of the State. Cash balance in the Treasury, October 1, 1882, was $690,4-72.15. Receipts for the year ending September 30, 1 83, $1,327,051.64; disbursements for same period $1,478,384.41. Cash balance in the Treasury, October 1, 1883, was $539,130.3S. Receipts for the year ending September 30, 188-i, amounted to $1,533,220.38. Disbursements for same period $1,924.259.00-leaving a balance October 1, 1884, of $148,100.76. ' It will be seen that the bonded debt of the State on October 1, lSS~ was $9,6:H,rn5, and on October 1, 1883, "1as $9,454,63;5, and on October 1, 1884, was $8,704,635, showing a reduction of $169,500 in 1883, and of $750,00l> in 1884.
The interest on the public debt for the year 1883 was $645,440.00; for the year 1884: it waa $633,495 40, and to be paid in 1885 is $582, 121.0C showing a reduction in th() interest charge upon the ~tate of $11,944 60 for 1884, and of $51,314 00 for the year 1885.
The public debt on January 1, 1878, was $10,644,500 and the amount of interest paid for the year 1878 was $723 538 00, ~bowing a reduction of 3141,4H.00 which represents a redu~tion $1,939,865.00 of the principal. The amount paid on the public debt appears to be $556,370.00 for 1883, and $939,508.76 for 188!. 'l'his arose from a

5

tihange in the practice of the Treasnry, by which all pay-

ments made on bonds and coupons during the quarter end-

ing September 30, 1884, were entered on the hoc.ks, report-

ed to the Executive office and covered by warrants before

the end of the quarter. The Treasurer, having but one

assistant, finds it difficult to do this, as the con pons are paid

in different cities and are not always promptly sent to the

Treasury.

The balance in the Treasury, October I, 1884, waA act-

nal, not apparent, as heretofore, by which is meant that it

contains no bonds ur coupons paid off and held as cash, be-

eause not recorded on the books of the Treasury, reported

to the Executive department and covered by warrant. The

former practice accounts for the large balances reported in

the Treasury at the end of previous years.



The policy of the State for many years has been steady

reduction of the rate of taxation, in order that no more

revenue should be collected than mi~ht be necessary to

meet the legitimate expenses of government, and pay the

interest on the bonded debt, and the principal of the eight

per cent. bonds as these matured. Accordingly the rate

was, from time to time, reduced f.om five mills (fifty cents

on one hundred dollar~) for 1V,73, to three mill., for 1881

and 1882. This gradual reduction was facilitated by the

collection of considerable sums due the State from the gov-

ernment of. the U nitcd States, and of railroad taxes ms-

r, pended by litigation. The General Assembly, in the Act of December t88J,

with a view to further rednction, authorized the levy of

two and one half mills for general purposes for year., 1883

and 1884, leaving the tax provided for by Act of February,

1873, to meet maturing 8 per cent. bonds to be levied, if

found necessary. The condition of the Treasury seemed

to justify the belief that the reduction contemplated could

be made. The usual estimates of receipts and expendi:

tures submitted by the Treasurer and Comptroller General.

.and based upon the information then available, indicated

4
pnblic opinion. We may not hope to s1ippress crime alto gether. No people have lived under conditions which rendered such a result attainable. But we may hope to render punishment more certain, and protection to life and property more efficient.
I transmit herewith the Reports of the various officials connected with the .government directly, or with institutions supported by the State, which give satisfactory details, showing the operations of their departments.
6'.fATE FINANOES.
The Report of the retiring Treasurer, Hon. D. N. Speer, contains a gratifying exhibit of the financial condition of the State. Cash balance in the Treasury, October 1, 1882, was $690,472.15. Receipts for the year ending September 30, 1 83, $1,327,051.64; disbursements for same period $1,478,384.41. Cash balance in the Treasury, October 1, 1883, was $539,130.3S. Receipts for the year ending September 30, 188~, amounted to $1,533,220.38. Disbursements for same period $1,924.259.00-leaving a balance October 1, 1884, of $148,100.76.
It will be seen that the bonded debt of the State on October 1, 1S8~ was $9,6~4,rn5, and on October l, 1883., "'as $9,454,63;5, and on October 1, 1884, was $8,704,635, showing a reduction of $169,500 in 1883, and of $750,00l> in 1884.
The interest on the public debt for the year 1883 was $645,440.00; for the year 1884: it waa $633,495 40, and to be paid in 1885 is $582, 121.0C showing a reduction in theinterest charge upon the Rtate of $11,944 60 for 1884, and of $51,314 00 for the year 1885.
The public debt on January 1, 1878, was $10,644,500 and the amount of interest paid for the year 1878 was 8723 538 00, ehowing a reduction of 3141,41';'.00 which represents a redn~tion $1,939,865.00 of the pl'incip11l. The amonnt paid on the public debt appears to be $556,370.00 for 1883, and $939,508.76 for 188!. 'l'his arose from a

5
change in the practice of the Treasnry, by which all payments made on bonds and coupons during the quarter ending September 30, 1884, were entered on the hoc.ks, reported to the Executive office and covered by warrants before the end of the quarter. The Treasurer, having but one assistant, finds it difficult to do this, as the con pons are paid in different cities and arc not always promptly sent to the Treasury.
The balance in the Treasnry, October I, 1884, waA actnal, not apparent, as heretofore, by which is meant that it contains no bonds or coupons paid off and held as cash, because not recorded on the books of the Treasury, reported to the Executive department and covered by warrant. The former practice accounts for the large balances reported in the Treasury at the end of previous years.
The policy of the State for many years has been steady reduction of the rate of taxation, in order that no more revenue should be collected than mi~ht be necessary to meet the legitimate expenses of government, and pay the interest on the bonded debt, and the principal of the eight per cent. bonds as these matured. Accordingly the rate was, from time to time, reduced f.om five mills (fifty cents on one hundred dollar~) for 11~73, to three millo for 1881 and 1882. This gradual reduction was facilitated by the collection of considerable sums due the State from the government of. the United States, and of railroad taxes mspended by litigation.
The General Assembly, in the Act of December~' 188J, with a view to further rednction, authorized the levy of two and one half mills for general purposes for year., 188:3 and 1884, leaving the tax provided for by Act of February, 1873, to meet maturing 8 per cent. bonds to be levied, if found necessary. The condition of the Treasury seemed to justify the belief that the reduction contemplated could be made. The usual estimates of receipts and expendi~ tures submitted by the Treasurer and Comptroller General. -and based upon the information then available, indicated

6
that two and a half mills on the .increased returns for the Tear 1883 would raise the necessary amount, with other sources of rnvenue, to meet the expenses of the State, and pay the eight per cent. bonds maturing in 1884. The levy of two and a half mills was accordingly made August, 1883, 1u pon the returns for that year.
At tliat time the sums of $82/H8.,54 and $Z2,206.~ 3 depo1;itcd hy the State in the Oitizens' Bank of Atlanta, and Bank of Rome, respectively, and due from the banks, appeared as ca,h in the Treasury. These amounts were c:harged off and left as debts due the State on September ~9, 1883, under the resolution of the General Assembly, -approved September 19, 1883.
The General Asrnmbly made epecial appropriations of large amountt>, subsequent to the levy, notably for completion of the enlargement of the Lunatic Asylum; for supplying disabled Confederate eoldiei-s with artificial limbs, ,and for the erection of the new t,tate Capitol~for which no provision was made and which could not be anticipated.
For reasons which appear el.,ewhere, the amounts due
from the Citizens' Bank and Bank of Rome have not been
.available. 'fhe cost of the session of the General Assembly of 1883 was $42,650.63 in excess of the cost of the eession of 1882.
The money required to meet appropriation., to support the Government, and the institutions. under the care of the State,.and the interest on the public debt, and eight per cent. bonds maturing in 188.J, not being fully provided for,
I rernrted, reluctantly but nece@iiarily, to a temporary loan
to pay a portion uf the interest. In anticipation of the 111ecessity,and in order to pay promptly the interest due on 1st July last, the Treasurer, by my direction, went to New .1' ork, on the .first indications of the financial embarrassment, to arrange the LeceEsar_y loan. He waa assn red by the President of the Fourth National Bank, through which the State has, for many years, paid the intereat on bonds

7
payable in New York, that the amount needed would be advanced, unless the financial condition grew much worse than he anticipated. In June following the Treasurer was notified that the bank could not furnish the money. The Presidents of the Western and Atlanti~ Railroad Company, the Central Railroad and Banking Company, Georgia Railroad and Banking Company, and Southern Bank of Savannah, and prominent citiz,ms, on learning that the State needed a temporary loan to meet a portion of the July interest, promptly tendered amounts largely in excess of our needs at seven per cent., the legal rate of interest:
I accepted from the Wcstern and Atlantic Railroad Company $50,000, reduced by discount to a net amount of $48,874.94; and $50,000 from the Georgia Railroad and Banking Compan_y, and $30,000 from Central Railroad Company, and $30,'JOO from the Southern Bank of, Sa,vannah.
The patriotic spirit manifested in this transa.ction by these gentlemen and corporations deserves, and dvubtless will receive, grateful appreciation and remembrance by the people. The high credit and abundant resources of the State, and the public spirit of her citizen,, were exemplified, and every lawful demand upon the Treasury was promptly paid.
This experience, while creditable to the watchfulness and financial ability of the Treasurer, admoni~hes the General Assembly that it is wiser not to ;limit taxation below a reasonable reserve fund to meet exigencies.
It became necessary to levy 2 mills for general purposes (including payment of tom porary loan); and one-half mill to meet the eight per cent. bonds in 1885, upon the property returns of 1884.
The last installment due the State by the East Tennessee, Virginia and Georgia Railroad Company for the purchase of the Macon and Brunswick Railroad, being $625,000, with five per cent. interest ftom February 28, 1880, and amounting to $750,000, princip~l and interest, matured

8
February 28, 1884. The purchasing company propornd tO" pay the amount in registered 3 per cent. bonds of the United States, and inquired of the Treasurer a few week& btfore the maturity of the debt, whether or not such bonds would be received. The State Treasurer asked for direction in the matter. Th~s involved a construction of the law and contract of sale. The Constitution requires the application of the proceeds of sales of public property to the State debt. Accordingly, the Act o:1" September 3, 1879, which authorized the sale of Macon and Brunswick Railroad, provided that the purchase money, $1,125,000, with interest at five per cent. on deferred payments, should be paid in the recognized bonds of the State. A provision for payment in money was rejected in the Legislature, for the reason that receiving bonds of the State would he a literal complianc~ with the requirements of the Constitution, without cost or danger to the State, or the necessity of legislation to provide for the dispoaition of the proceeds of sale. Subseqt10ntly iL was deemed advisable to enlarge the .medium of payment, by providing in the Act, October 14, 1879. that registered bonds of the United States might be substituted for the Georgia bonds, at the option of the purchasers. These bonds would be available as a sinking fund to meet maturing State bonds; and the intention to prohibit payment in money fa manifest from these enactments. . The amount of the price and the rate of interest on deferred payments were numerically expressed to designate the amount of the bonds prescribed in which payment was to be made, without reference to the market value of the bonds, whether above or below par, Moreover, the intention is manifest to limit payment to bonds of the State or regiitered bonds O'f the United States outstanding at the time, or issued in pursuance of existing laws. There is nothing in the contract of sale to indic,ate that the Governor of the State, or the purchasing company at the time placed a different construction on these statutee.

9
The three per cent. registered bonds of the United States were issued in pursuance of a law enacted after the sale of the railroad ; and being subject to call hy the Secretary of the 'l'reasury, were practically at par, and the acceptance of them would have resulted in their conversion into money.
The Attorney General of the State, to whom the question was submitted, demonstrat,ed, in an opinion of great learning and ability, the correctness of the foregoing construction. All the State officials charged with tfie construction and enforcement of these statutes and of the con. tract of sale being in accord, I caused the East Tennessee, Virginia and Georgia Railroad Company- to be notified, in the early part of February, 1884-, that payment of the balance would be demaHded in recognized bonds of the State, or in United States registered bonds, outstanding at the time of purchase.
The counsel of the East Tennessee, Virginia & Georgia Railroad Company, still insisting on its right to pay the balance in three per cent. registered bonds of the United States, or in lawful money, requested me to submit the question to the Supreme Court of the State for decision. I declined this request, because there is no law authorizing the submission of such questions to the Supreme Court, or making it the duty of the court to decide them, and because it is against the policy of the State. Relying with confidence upon the opinion of the Attorney General, who is charged by the Constitution with the duty of advising the Executive in legal questions, I did not hesitate to assume the responsibility of the decision. The time being short every facility within my discretion was afforded the Company to enable it to purchase short date bonds of the State, which commanded a lower premium in the market than the much longer date 4 per cent. registered bonds of the United States.
The Treasurer repaired to New York several days prior
to February 28, and arranged for delivery of bonds at the

10

Treasury, in Atlanta, and to himself in New York, the last

to be sent to the Treasury without"expense to the State. I

authorized him to extend the time of actual settlement

several days necessary to complete the delivery of bonds

cornmencerl before the day of maturity of. the debt.

Availing itself of this arrangement {OJ' its benefit, the

Company purchased $750,000.00, recognized Georgia bonds,

and early in March the settlement was completed.

The bonds thus received compri ed $557,500, 7 per cent.

bonds; $12,400, 6 per cent. bonds, and $!0,100.00, 4- per

cent. bonds, due in 1886; $126,000, 6 per cent. bond!i, due

in 1889; and $14,000, 8 per cent. bonds due in 1884-'85

and '86.



The interest accrued on these bond~ February 28, 188!,

amou.nted to $8,400.16- This was paid to the Company

on maturity of the coupons surrenrlered with the bonds.

The Treasurer has canceled these bonds in pursuance of

an Executive order, and they are now in the vanl: of the

Treasury under seal of the Executive Department, to be

exhibited to the Finance Committees of the Legislature,

and destroyed as provided by law.



The President of the East Tennessee, Virginia & Georgia

Railroad Company, at the time of the settlement, presented

the protest of the Comp~ny to the requirement that the

amount should be paid in Georgia bonds or registered bonds

of the United States outstanding at the day of sale of the

railroad; and gave notice that the Company would ask the

General Assembly to refund the amount alleged to have

been paid by it in preruit1m upon the $750,000 Georgia

bonds purchased and delivered to the State.

It should be borne in miud that the amount thus paid in

premium did not reach the treasnr:, and the State was in no

wise interested in it. I submit that the State has done no

injnstice to the purchasers of the Macon & Brunswick

Railroad, in requiring compliance with the spirit as well as

the letter of the contract of purchase, and that they have

no valid clahn, in law or equity, for reimbursement.

11
3,IATUlUNG B01'DI!.
An important duty which will claim your attention is the provision for payment or funding of the bonds maturing in the years 1885 1tnd 18S6, other than the eight per cent. bonds which are provided for by existing law. There are th1 ee clasrns of these bonds; of the 4 per cent. bonds issued under Act December 14, 187S., and due January, 1885, $58,135. The 6 per cent. bonds, issued under Act of February 27, 1856, and due February, 1886,- $126,000, and $150,000 due August, 1886; 7 per cent. bonds with mortgage on Western & Atlantic Railroad, issued under Act of March 12, 1866, and due July 1, 1886, $3,525.500.
The payment of balance due on purchase of M. & B. R. R. extinguished $610,000 of the foregoing, as follows: $557,500 7 per cent., $12,400 of 6 per cent. and $-10,100 of the 4 per cent. bonde, leaving $3,249,635 outstanding.
The conditions under wbich we are called upon to pro~
isvide for these bonds are cxccpticnally favorable. Our debt being steadily and rapidly reduced, while the resources of the State are steadily increai,ing. The admirable provisions of the Constitution forbidding the increase of the bonded del->t and requiring the r,ayment of $100. 000 of principal annually (or the setting apart of that amount as a sinking fund) and the application of the proceeds of the sales of public property to the bonded debt, invite confidence in our finances. Evasions of these provisions in any manner or for any pretense whatever might give temporary ease to the treasury, but the public interest, as well as public honor, requires strict compliance with the sp:rit of them. Holders of our bonds and investors seeking reliable securities, will appreciate the high value of bonds of a State whose officials obey the law strictly and reduce the debt whenever practicable, rather than put a Furplns in the treasury to be spent in unnecessary appropriations. Moreover, they will appreciate the resources of a State that can red nee her debt without burdensome taxation-a State having

12
valuable public property, the proceeds of which, when sold, are honestly applied to the principal of her debt.
In addition, as rates of interest are lower now than when
these bonds were issued, and the credit of the State mnch higher, they will appreciate the fact that the interest charge on th~ people will be greatly lowered. The annual saving iu interest on $750,000 bonds paid off is about $50,000. The reduction of intere,it on bonds to fund or pay off the bonds which fall due in 1886, will be a much larger amount, dependent on the date of maturity of the new bonds. A long date bond can be more readily sold than a short date bond, and consequently, the rate of interest necessary to be paid on it would ue lower.
Inasmuch as other issues of our bonds fall due within a few years, it is not necessary, at this time, to provide short date bonds in order to keep con~iderable portions of the State debt always within reach of speedy payment. For these reasons I recommend suitable legi1-lation for the issne of bonds maturing within not less than thirty (30) years, and bearing interest at a rate not higher than five per cent.
COMPTROLLER GENERAL'S REPORT.
The Corr:ptroller General presents interesting and valuable details of our system of taxation, and of the condition of insurance companies doing business in the State, and makes recommendations which, in view of his experience and faithful performance of duty, deserve careful consideration.
Taxes are promptly paid when levied, and economically collected, the entire loss from failure and cost of collection being 6.54 per cent. of the levy. There has been a steady increase in the annual return of property for ad valorem taxation. The aggregate in 1879 was $234,45!:J,548- for 1884 was $317,074,271, an increase of $82,615,723. This indicates growth in wealth, but it does not indicate a full valuation of the property. Our constitution requires equality and uniformity of taxation. This is unattainable unless uniformity of rates is based upon uniformity of val-

13
nation in the returns. In theory, this is substantially semired undl:ir the present system, by requiring all property to be taxed upon its true market value. How is it in fact? Illustrations taken from the thr~e wealthiest and most populdus counties in the State, of many that _might be presented, will suffice to show great want of equality and uniformity in fact: The citizens of Atlanta were assessed for city purposes, in 1884, on real estate, to the amount of $21,116208, and returned in personalty $8,933,982-an aggregate of $30,0.50,250. Fulton ~ounty, comprising all the people and property of Atlanta, and many thousands of prosperous population, and millions of property in addition, returned under our loose system Sl7,801,345 realty, and $12,934,820 in personalty-an aggregate ot $30,736,165.
The citizens of Savannah were assessed, for city purposes, on realty in 1884, upon $12,516,202, and returned personalty to the amount of $7,145,112- an aggregate of $19,661,314; while the county of Chatham returned for State and county purposes, in 1884, $10,513,054 in realty, and $9,924,929 in personalty-an aggregate of $20,437 983.
1
The citizens of Augusta were assessed, for city purposes, the present year, on real estate alone, to the amount of $11,305,860. The same citizens returned for State and county taxation, for the same year, real estate to the amount of $8,126,250.
The only comment needed to enforce the lesson of these figures is to add that they represent fairly the basis of re turns tliroughout the State.
The amount to be :::-aised being regulated by the necessities of the State, the rate is governed by the amount of property upon which the levy is made. When a citizen fails to return all his taxable property, or undervalues what he returns, he inflicts a wrong upon his neighbor, whd makes a full and just return. To any remedy proposed, objection will be made only l:!y those who profit by the loose system, at the expense of others who suffer by it.
Efforts to remedy the defects in the system have not been wanting. Much has been done, but much remains to be done. The duty has been imposed upon Grand Juries of

14
the several counties to revise tax returns and assess values in case of undervaluation. This revision has been productive of good results, but has proven ineffectual. The fact that members of the grand jury are required to revise sworn valuations of property by tax-payers who are their neighbors and personal friends, is not conducive to a rigid performance of the duty. There is a natural reluctance to imply, by official action, that a tax-payer has, even unintentionally, sworn to an undervaluation of his property. Experience proves that proper corrections and valuations are unattainable under this system. The tax payer should be required to return his property as now provided by law, but not to value the realty. Valuation might be made by local boards of assessment, appointed by the grand jury, or Judge of the Superior Court. This would afford a simple and inexpensive method of securing uniformity in the county, without injustice to any citizen. 'l'he Comptroller General, assisted by the Attorney General and State Treasurer, might be empowered to review any digest and require the correction of any comparative inequality in the basis of valuation adopted by different counties. .
Ours is not a costly government. We collect annually from the people of the State less than one dollar and twentyfive cents per capita, for State and county purpose:-. Such taxation is not burdensome, and wil_l be cheerfully borne by the people, if adequate means are devised to justly distribute 1t. I invite your attention to the task.
The estimates submitted of receipts and expenditures for the next fi.,cal year should receive consideration. It is unwise to accumulate a surplus in the treasury, bnt it is your <lnty to provide for the necessities of the Government, without the expedient of temporary loans.
REPORr OF THE ATTORNEY GENERAL,
It will be seen from the report of the Attorney General
that the litigatbn neces~ary to recover from the Citizens' .Bank of Atlanta and Bank of Rome, the balances of $57,218.81 and $21,657.53, respectively, due the State, has not

15
terminated. Decisions have been obtained which will probably result in the speedy collection of the amount due from the Bank of Rome out of the securities of the bank. Vigorous efforts will be continued to press to successful termination the suits now pending, upon which depends the collection of the amount due from the Citizens' Bank.
The details of other litigation pending in the Courts of Georgia and of the United States, in which the State is interested, are clearly and fully presented. A careful exam" . ination will show that the State's interest in these ca1-1es has been watched with vigilance and ability by the Attorney General.
RAILROAD COMMISSION.
The attention of the Legislature is invited to the report of the Railroad Commission, which gives in detail the work of the Commissioners, and embodies suggestions of great importance. The subject of State regulation of railways has provoked violent discussion and wide divergence of op1mon. In Georgia it is a practical, rather than a theoretical, question: The Constitution imposes the duty upon the Legislature, and the latter has, in my judgment, wisely devolved it upon a permanent Commission. The: experience of five years in the administration of the law has demonstrated the need for amendment, in certain particulars, suggested in the report. It is not the purpose of the statute to assume the nianagement of the railroads, or in anywise to inflict injury upon them.
Rightly administered, the important powers vested in the Commission should result in benefit to the railroads and to the public. There can be no real conflict of interest. The public is entitled to prompt and efficient railway service for the accommodation of travel and traffic, for which the railroads are entitled to sufficient compensation to cover operating expenses, the cost of maintenance, improvement and renewal of the property, and in addition, a fair average return for the value of the investment and the risk incurred.

16
The office of the Corumission is to determine, in case of dispute between Shippers and rail way managers, what is jnst and r.easor,able compensation. Unless provision be made for appeal to the Courts, at the instance of either party to the controversy, the power of the Commission would be unlimited and its exercise might become arbitrary. I recommend, therefore, that the suggestion of the Comm~ssioil on the subject of appeals be adopted in such provisions as the wisdom of the Legislature may devise. It will be ~ecessary to provide for speedy trialin the Sn perior Con rt, and prom pt review by the Supreme Court, for suspending the order of the Commission for a reasonable time, within which a final decision can be obtained, and for preve~ting any abuse, by either party, of the suspension. A further provision should be made for notice to all parties in interest, so that they may have a hearing before the Commission prior to any decision involving their rights.
NEW OAPITOL.
The Capitol Commission has submitted a report of great interest. The people have never folt that the present capitol building was adapted to the purpose, or worthy the dignity of the State. It affords no adequate protection from the danger of fire to public records, documents and archives of priceless value.. It has been found impracticable to remove any considerable portion of them to another place in the city of greater security. Our chief safety lies in the watchfulness of officials and guards. In the event of a great fire in the city of Atlanta, the St&.te is liable to suffer irreparable loss. These considerations induced the Legii;lature to provide. for the erection of a new and permanent capitol, compatible in all respects with the growt~ and needs of the State. One million dollars was set apart for the work, and it was desired to furnish a conspicuous example of a public building of large dimensions, erected within the first appropriation. Careful provisions in the Act of 8th September, 1883, emphasized this purpo;e. The time of con-

17
-struction is to cove:r more than five years. That there may be ~o necessity to increase taxation, as we are forbidden to increase the bonded debt, even were it desirable to do so, the Commission has, without wasting a day, consumed one year in investigations, and in procuring plans, and perfect.ing a contract for the building.
An examination of the design and of the plans and specificatio~s showing details of the structure, will satisfy intelligent persons that the building, when completed, will meet all the requirement,; ofa Stat'e capitol; while an examination of the contract for its erection will show that the interest of the State has been carefully protected in all its provisions. The sum to be paid, $862,756.75 is less than the whole amount appropriated; but it must be borne in mind that all incidental expenses and contingendes for i:ive years, including the cost of enlarging the capitol lot, must be paid from the sum appropriated. The law cannot be carried out without reserving a fund to meet contingendes which cannot be foreseen. Should it appear during the progress of the work that the sum reserved is larger than necessary, provision has been made for changes in the material and style of workmanship in any part of the structure.
It is natural that we should want the capitol built mainly of Georgia stone. This desire is expressed in the Act, but it is coupled with the condition, just to all sections and people of the State, that preference shall not be given to Georgia material, unless this can be procured as Cheaply as like material from other States. Granite rock and marble are to be used, as far as practicable, in the con.struction. It was found impracticable to use granite beyond the foundations and base course around the building, which will be of Georgia granite, or to use marble for other than interior work. No bid was made contemplating the use of G~orgia granite or marble above the foundation, or to furnish marble on terms which would enable the Commission to erect a suitable building within $1,000 000. The most prominent stone work will be of oolitic limestone, a :Stone unrivaled in the three essential qualities combined

-cheapness, durability and beauty. Other stones, gra~ ites or marbles, may surpass oolitic limestone in one or these several qualities, but none equal it in all. The work of construction is now in progress, but the Commissioner& have wisely reserved the right to change the design or ma-terial, or construction, in their discretion, on terms just tothe contractors. Any modification may be made which the wisdom of the General Assembly may authorize or require..
THE PENITENTIARY,
The Report of the Principal Keeper, including that of the Physician of the Penitentiary, furnishes in !l,etail, a, comprehensive account of our system for the punishment of criminals. It will. be seen that the number of convictson the 20th of October, 1884, was 1,377, leased under the Act of February 25, 1876, for twenty years from April 1, 1879, to three companies. This was an increase of 135 cver the number in confinement at the same date of 1882. The death rate was less than two per cent. per annum, which, although higher than the exceptionally low rate of the twoprevious years, is lower than the death rate of the penitentiaries of a majority of the States, and compares favorably with that of any State in the Union.
Convicts are no longer held by the Marietta and N0rthGeorgia Railroad Company. A controversy before the Courts and before the Executive has long been pending. between Penitentiary Companies two and three, complainants, and the Marietta and North Georgia. Railroad Company, defendants, to test the right of the latter to the control of certain convicts.
I declined to take them from the railroad, and left the matters in dispute, of law and fact, to the decision of the Courts where the parties had carried them.
The General Assembly, in the Resolution of Septemher 26, 1883, directed the Executive to deliver to this Company 250 convicts, far three years. or until the completion of the North Carolina line, and of certain branches. Construing this resolution as declai:atory of existing laws on that subject, which were the subject-matter of litigation, I directed the

19
Principal Keeper to deliver to the railroad company 250 convicts, including the number then in its possession. Under this order convicts were delivered to this company until an injunction was obtained by the complainants in the above case, restraining the Principal Keeper from further deliveries;. subsequently the Supreme Court of the State decided all the questions involved in the controversy, some of which are of grel!,t public interest. The Resolution of September 26, 1883, was declared null and void, because it sought to impair the contract between the State and the lessees of the convicts. The creation of corporations, by the Act of 1876, for the purpose of holding and working convicts and of contracting with the State, was sustained, and the power and duty of the State to regulate the management of the convicts, was declared. Questions of fact were remitted to the Superior Court for trial. The case has been decided against the Marietta a:c.d North Georgia Railroad Company, and in pursuance of a decree of the Court the convicts have been delivered by that company to Penitentiary Companies numbers two and three.
An examination of the Reports will show what efforts have been made, and the success which has attended them, to carry into effect the humane provisions of our laws for the management of the convicts, and the faithfulness of the officials in charge of the Penitentiary.
I commend to your attention all the suggestions made for the improvement of the system-particularly that of the Principal Keeper for the establishment of a House of Correction for youthful offenders.
I herewith send you a list of the reprieves, commutations and pardons granted by me since my last message of September 25, 1883, as required by the Constitution.
DEPARTMENT OF AGRICULTURE.
The Commissioner, in detailing the operations of two years of his department, presents information of great practical value. The increase in the use of commercial fertilizers appears from a table showing the statistics of inspection and analysis for ten years, beginning with 48,648

20
tons for the season of 1874-75, and ending with 151,849 tons for the season of 1883-84, an average annual increase of 16 per cent. It is believed that this duty has been faithfully and intelligently performed by the State Inspectors, and that the farmers of the State have received reRsonable protection against worthless brands of fertilizers. The fees for inspection. during the season of 1882-83 amounted to $62,688-expenses to $11,877. Amount paid into the Treasury $50,811. The fees for inspection for 1883-84 amounted to $75,915~expenses to $13,681. Amount paid into the Treasury $62,134-an aggregate for the two years of $112,945.
The. important duties of distributing seeds for experiment, of collecting and disseminating information on matters of interest to agriculturists, of stocking the waters of the State with fish, and of inspecting oils, have been discharged with zeal and fidelity by the Commissioner and his assistants. I call your attention to all his recommendations for increasing the efficiency of the department.
The usefulness of this important department would be increased by the estabiishment of an experimental farm. The Trustees of the State University offer to place the farm and buildings belongillg to the University at the disposal of the State. This farm is admirably adapted to the purpose, and the location has special adva11tages. A small appropriation would, under proper management, produce results far beyond the cost.
EDUCATION.
The report of the State School Oommission:!r contains all the facts necess!!,ry to understand the management and results of our common school system. In 1873 the number of white scholars enrolled was 63,922, and colored 19,755, a total of 8'3,671. Each succeeding year marked
an increase; In 1883 the enrollment had risen to 175,668
white, and 111,743 colored, a total of 287,411. The average attendance in 1874 was 85,839, and in 1883 was 188,371.

21
The amount of the 11chool fund of 1883 was $465,808.35, made up as follows:
Jialf rental Western & Atlantic Railroad ...............................$1EO,OOO 00 Fees for inspecting of fertilizers............................. ...... ......... 56,212 82 Liquor tax ..................................................... - . ........ 51,554 14 Net h!.re of convicts.............................................................. 18,173 24 Tax on shows......... ...... ............ ..... ............ ......... ......... ........ 8,919 00 Dividend on Georgia Railroad stock................................. ..... 2,836 50 Poll tax, remaining in counties ........, ...................................... 178,112 65_
Total ..........................................................................$465,808 35
The entire expenses, thr:;ughout the State, including snms paid to County School Oommissioners, amounted to $29,686.39, about six and one-third per cent. of whole amount-leaving about ninety-three and two-thirds per cent. of the fund which was paid to the teachers.
The school fund of 1884 has riot been ascertained definitely, but the Commissioner estimates it to he about $!83,633.1 L. He also assumes enrollment for 1884 to be 300,000, ~nd 3cyetage. attendl!,nce 190,000. The fund of 1883 paid 90 cents per capita on school population; $1.63 on enrollment,- and $2.44 on average attendance. For 1884, the fund will pay about 95 cents per capita on school population; $1.61 on enrollment, and $2.54 on average attendance. The cities and counties, under local laws raised by taxation in 1833, $147,833.73....,...making the entire public school fund from all sources, for that year, $608,172.89. The amount of money from all source~, received by county officials .for disbursement for school purposes eince the present system was inaugurated, is $3,705,206.07. The faithfniness of these officials appear1:1 from the fact that the entire loss during the time has been about $5,000, of which $4,000 was. deposited in a bank which failed.
It will be sean that the fund for edncatioi::i is, with re'. marka.bl~ fiqelity, and at very small expense for machinery ,applied. to the purpose for which it is intended-the pay-
ment of teachers. The same amount of money, under

22
similar conditions, has never been applied more effectively to popular education. These results attest the energy, zeal and ability of the Commissioner, and the efficiency of the local Boards of Education.
I invite your attention to the various suggestions of the Oommissioner for the improvement of the system. He gives the reaultti of much observation and ripe experience, and his views are entitled to earnest consideration.
UNIVERSITY OF GEORGIA,
The report of the Boar i of Trustees of the State University presents an intelligent view of the operations and present condition of the University and its related Branch Colleges during the past year.
In the several departments at Athens 201: students matriculated during the year; in Franklin College 127; in the State College of Agriculture and the Mechanic Arts 66; in the Law department O, and Post-graduates 2. In the Medical department at Augusta 122; in North Georgia .Agricultural College 146; in South Georgia. Agricultural College 130; in South-west 'Georgia Agricultural College 106; in Middle Georgia Military and Agricultural College 390.
Total in the University and the branch colleges 1,091. The report of the Financial Committee shows that there were received during the last collegiate year, including $8,553.41 on hand July 9, 1883, $58,875.90. During the same period, there were expended $43,696.54-leaving a balance in the hands of the Treasurer Jt1ly 5, 1884, of $9,6i9.36. The increase in numbers, the good order and contentment among the studentE<, the improved diligence and pro ficiency in studies, in the opinion of the Trustees, mark the past year as one of unprecedented prosperity for the University. The Trustees desire to call the attention of the General Assembly to the urgent necessity of completing the equip

23
ment of the State College of Agriculture and the Me.chanic Arts.
It is claimed that "a Mechanical department, equipped with the aids and appliances to make young men expert in handicraft,'' snpr,radded to the departments of Physics cand Engineering, already in sncce3sfnl operation at the .Uni--:-ersity, would furnish a complete Technological school. 'There is little room to doubt that the establishment of such
,a school w?uld accord wi~h the_ spirit:;ef the age, and would
,be responsive to the pubhc de~1re, ani'.the General Assem~bly should make provision therefor whenever the public ,burden, augmented thereby, would not be oppressive. In -connection herewith there is transmitted,-also, the report of -the Board of Visitors, appointed to attend the examinaition of the Senior calss at the University in June last, !Which I commend to your careful and intelligent attention.
LUNATIC ASYLUM,
The number of patients in the Lunatic Asylum on October 1st, 1884, was 1,227. White males, 422; white ,females, 466 ; colored males, 174, and colored females, 165.
The number on October 1st, 1882, was 974, showing :an increase during two years of "248. The average numiber under treatment, during the past year, was 1,179 ; whole number treated, 1,550. Average cost per annum of ~ach patient, $126.90. Daily cost, thirty-four and three-fourths cents.
The work of enlargement of the accommodations of the Asylum has progressed as rapidly as practicable, but not too -rapidly for the pressing demands for admission. The building for colored patients, containing about five hundred rooms, admirably adapted for the purpose and completed at very low cost, has been occupied for several months. The -00nvalescent building for females is riear completion, and ,considerable progress has been made on that for males. When completed, these buildings will accommodate, per0 haps, fifteen hundred patients, as many as should be placed in the Asylum.

24
There are, at least, one hundred harmless imbeciles and' idiots within the walls who could be better cared for elsewhere. This number is increasing. 'l'he officials receive them in terms of existing law. This should be remedied. None but the insane should be placed in this isylum. The treatment and management of the two classes are necessarily different. If it is to be the policy of the State to ca:r:e for the idiotic and imbecile classes rather than leave that duty to the counties, provision should be made for a lesio expensive establishment, where they can be safely and comfortably maintained. The present asylum will be filled with the insan6 soon enough in any event, but unless the la;v is modified, it will be filled with insane and harmless afflicted persons, within the next two or three years. It will be necessary then to enlarge or to build another costly asylum. The suggestions of the trustees arid physician on this and other subjects are earnestly commended to your considera tion. I am satisfied that no lunatic asylum in the Uriion furnishes better results for the money expended, but more satisfactory results are attainable by adopting these suggestions.
DEAF AND DUMB,.
The Report of the Trustees of theinstitutionforthe Deaf and Dumb shows that ninety-six pupils enjoyed the advantages of the institution during the past year. Of thesA sixty-five were white, and thirty-one colored. It appears from the itemized statement of disbursements, that the entire e~penditure for maintenance was $15,867.'74. 0 wing to the reduction of expense@, and the mat~rial decrease in the prices of supplies, this sum is nearly $1,000 less than was expended on the same account for the year 1883.
By an Act approved September 29, 1881, the General Assembly appropriated $5,000 for erecting on the grounds of the asylum a suitable building to be used as a chapel and school room. This amount was deemed by the trustees wholly inadequate for the purpose, and the ar,propriation bas reuiained unused, except a portion paid out for brick, which are now o.n hand. The trustees say that an addi:

25
tional appropriation of $10,000 will be required for such a. building as fa needed. They ask, also, as a support fund~ based upon $200 per capita, for au atte~dance of eightyfl ve pupils, $l7,000! and a standing appropriation of $500 per annum, for ordinary repairs of the buildings and premi~es.
ACADEMY FOR THE BLIND.
The thirty~third Annual R_eport of the Trustees and officers for the Academy for the Blind shows thirty-five male and twenty-nine fem.ile white scholars, and six male and one female colored scholars in attendance for the past year.
The last Le~islature appropriated $500 for the purpose of having operations performed upon the eyes of such of the pupils as should be selected for that purpose.
Dr. A. W. Calhoun, the eminent oculist, of Atlanta, selected four cases for treatment. One of the boys operated upon was totally blind. He ie now able to read and write without the aid of glasses, and has returned to his home with restored vision. The only part of this appropriation used was for the traveling expenses, board arid, medicines.of the four pupils. Dr. Calhoun, with characteristic liberality, refuses to accept any compensation whatever for his services. Another appropriation is asked to cover the expenses of six cases waiting to be placed under Dr. Calhoun's care. The appropriations recommended for the next two years are $4,000less than for the laet. two years.
RECOMMENDATIONS,
Banks and Trust Funds.
Government can never be perfect or finished. LegiElation is constantly needed to meet new conditions and to provide for the needs of the people. One of these is a system of savings banks to furnish reliable depositories for their money and thereby to encourage economy and thrift.

26
There should be careful provisions to prevent the dishonest use of the deposits for speculation, and to insure prudent management. The laws relating to State banks and pri vate bankers need revieion. There should be, from time to time, personal examinations, by a State official charged with the duty, of the books, accounts and assets of every State bank and of every private banker in the State. Indeed, your attention should be directed to the task of providing safeguards for all trust funds, whether held by banks, private bankers, or other persons.
Pleuro-Pneumonia.
The cattle plague, known as pleuro-pneumonia, has reeently appeared in some of the Northwestern, and one or more of the Middle States. This disease is of such a charJ1cter and is always attended with such fatal results, that ,every precaution should be taken to prevent its introduction and spread within the limits of the State. Our cattle interest is increasing annually, and large amounts of money -.are invested in herds for the improvement of the stock. The importance of the subject demands prompt and vigor-0us measures to prevent the appearance of the disease in ,this State, and legislation to secure this result is necessary.
Volunf,eer Military.
The constitution declares a well regulated militia essential to the peace and security of the State, and vests in the General Assembly power. to provide for forming, arming .and equipping the militia, or to provide for volunteer or.ganizations.
The policy of the State has been to rely upon the latter rather than upon compulsory organization into militia. of
.the entire body of citizens capable of bearing arms. In
.every State, there are those whose tastes and inclinations incline them to perform this necessary duty, which to others would be a burden. Voluntary service, when efficient, is better than compulsory service. Whilst provision has been

27
made for the formation of volunteer organizations, none has been made by the State to arm or equip them. The .general government furnishes annually $5,000.00, in arms ~nd ordnance stores, to the St!..te, which are distributed. The public spirit alone of our volunteers has kept alive, at .great expense to themselves, military organizations. They have not failed to respond to any call for s(lrvice. Onr sister States are far in advance of Georgia in sustaining and perfecting volunteer systems. We should either abandon ours, or render it efficient to preserve peace and security, by contributing to its support. A large amount is not necessary. The purpose should be merely to afford encouragement, improve discipline, and insure the proper care of ~rms and equipments, without stimulating the military i!pitit in time of peace. Careful provision should be made for the appointment of competent boards of examiners, t.o i!ecure upright and intelligent officers for companies already -Organized and for those hereafter organized.
CONSTITUTIONAL AMENDMENTS.
It has been nearly seven years since the adoption of the
present constitution. We can appreciate the wholesome ,effect its many admirable provisions havie exerted upon the ,commonwealth. The body of it is believed to contain all the fundamental principles necessary to good government. It is imposeible to frame a constitution for a populous State, of varied resources and interest, which does not contain pro. visions considered 1.,y many good citizens, hurtful in effect. Public needs vary with the growth of the people in numbers and in wealth. Experience has developed defects which impair the excellence of our fundamental law, and which should be remedied. Two methods have been provided to meet the necessity for changes. The General Assembly may call a convention of the people, or may submit amendments of the constitution to the people for ratification at the next general election. It is unwise to resort to the :6.i st method until that by amendment has been tried

28

and found ineffectual. The latter is simple, practicable

and inexpensive. No subject will engage your attention of

greater importance than that _of ridding the constitution of

provisions which have bl}en found unneces3ary or unwise in

their operation.

The 3ubjects, here mentioned, comprise a part only of

the matters of legislation to which, in the discharge of the

weighty dutiee devolving upon the General Assembly, your

attention will be directed. Incalculable benefits to the peo-

ple will follow patriotic deliberation and wise action, I

cannot doubt that yon will prove equal to the task.

*' *

*

*

*

*'

An impartial review of our condition will not justify the

claim that there is nothing to regret in the state of the com-

monwealth, but we may find many reasons for gratitude and

hope for the future. Chl3rishing with pride our _heritage,

we should see to it, that no harm befall the State that vigi-

lance and fidelity can avert. .,

HENRY D. McDANIEL.

APPENDIX.
REPR. IE"V': ES,
'Jack Barrett.-Convicted of murder at -the April Term, 1884, of
the Superior Court of Houston county, and sentenced to be hanged June 13th, 1884. Reprieved June t3th1 1884, till June nth; 1884. Becalise of telegram received, signed by a number of citizens of the county, stating that homicide was committed to protect the honor of his wife, and conviction was on a lie which would be shown. After examination of case refused to interfere with sentence of the court.
Henry Cato.-Convicted of murder at the Fall Term, 1883, of the Superior Court of DeKalb county and sentenced to be hanged October 31st, 1884. Reprieved October 31st, 1884, for 15 days. Because urged to do so by a large number of citizens of the county, who !ltated that new facts had been developed since trial that would authorize a commutation of sentence.
COMMUTATIONS,
M. R. Granison.-Indicted for assault, with intent to rape, upon Molly Brinson (col.), and at November Term, 1883, of the Superior Court of Terrell county plead guilty to an assault and sentenced then to 12 months on chain-gang, 6 months in jail, and to be released on payment of $100 and costs.
Commuted December 26th, 1883, to fine of $50 and costs, because the Judge and Solicitor General joined in request of citizens for commutation, the Judge stating that he would have largely reduced the penalty had he then been presented with the petition and affidavits in behalf of defendant.
T. ']. Maddox.-Convicted of failing to register as a physician at the pecember Term, 1883, of the County Court of Pike county. Sentence, at said time, fine of $100 and costs, or 30 days in jail.
Commuted December 24th, 1883, to be discharged upon payment of costs, because when apprised of law requiring him to register he was unable to produce his diploma from the University of New York because it had been burned with his library, and before he could produce proof to register he was convicted. He. has since registered, and a petition by citizens was presented for his pardon.
L. 'J. Green.-Convicted at the Dece:nber Term, 1883, of the County

30
Court of Pike county, cf failing to register as a physician, and sentenced at said time, to pay a fine of $100 and costs or 30 days in jail.
Commuted January 5th, 1884, to be discharged on payment of costs, because a petition shows that he is a.respectable citizen and has beeo a regular practitioner since 1855, and the Judge of the Superior Court states the payment of the costs would meet the ends of justice.
Wz1/iam Davzs.-Convicted of Assault and Battery at January term, 1884, of the Superior Court of Haralson county. Sentence, at said time, 9 months on chaingang, and to be discharged upon payment of costs, and on failure to pay costs to be imprisoned 3 months additional. Commuted February 20, 1884, to 30 days from reception in chain-gang, and to be discharged on payment of costs. Because it appeared that he was a colored boy about 14 years old and a stranger in the county, and counsel was assigned him, and a plea of guilty was entered; and afterwards it was shown, by oath of person assaulted, that a desperate white man by threats of violence, compelled the boy to commit the crime.
Enoch Freeman.-Convicted of murder at the March term, 1883, of the Superior Court of Floyd county, and sentenced to be hanged on March 21, 1884.
Commuted on March 14, 1884, to life imprisonment in the Penitentiary. The Judge, Solicitor-General and county officials asked it, and the Attorney-General advised it. The evidence did not show any previous ill-feeling between the parties. Tlie killing resulted from a sudden quarrel, and was done with a shovel in the hands of prisoner who was working at the time.
').ohn Thomas.-Convicted of murder at the February term, 1883, of the Superior Court of Campbell county; and sentenced to be hanged April 11, 1884. Commuted April 7, 1884, to life imprisonment in the Penitentiary. Because it was satisfactorily made to appear that criminal intimacy existed between Thomas' wife and deceased, which was known to him prior to the rencounter in which the killing occurred. Petition signed by a large number of the best citizens of the county asked for, and the Judge of the court advised, the commutatiop.
'John E. Blalock.-Convicted at the Feb'y term, 1884, of the Superior Court of Paulding county of carrying concealed weapon, and retailing spirituous liquors without license, in two cases ; sentence, at said time, in each case, fine of $35 and cost or six months in the chain-gang. Sentence remitted as to further imprisonment, on April 25, 1884, because he had recently paid the amount of fines and costs.
Wz1lzam 'J. 'Jenkzns.-Convicted in the Superior Court of Richmond county, of obtaining goods by color of a counterfeit writing. Sentc:nced June 18, 1883, to two years in the Penitentiary.

31
Commuted May 29, i884, to 'eleven months from the date he was received, because the Judge and Sotieitor General asked commutation, and said the amount was orily $i.35 and he used the name of his brother-in-law, who.previously bad allowed him considerable liberty with his name in such matters; Evidence of former good character and large family dependent on him, his wife having recently died.
William Allen,-Convicted of II Larceny after a Trust Delegated" at the August term, 1883, of the Superior Court of Cherokee county, and sentenced at said time to two years and six months in the Penitentiary. Commuted May 31, 1884, to ten months from date of conviction, because the crime was committed neatly thirteen years before trial-when he was a young man. He had served nearly one-third of sentence and the physician certified that the confinement, by reason of his poor health, would kill him before expiration of sentence.
Henry C. Gilbert.-Convicted of assault and b:1ttery at the January Term, 1884, of the Superior Court of Upson county. Sentence, fine of $150 and costs, or five months in jail.
Commuted August 8, 1884, to fine of $25 and costs. Because he had served nearly three months of senience. He has large family dependent on him. His wife was confined in bed with infant about a week.old. The Judge and Solicitor General joined in the petition for clemency.
Oscar Godfrey.-Convicted at the February Term, 1883, of the Superior Court of Forsyth county, of the following cases; Misdemeanor; sentence at said time, fine of $50 and costs, or six months on chain-gang. Misdemeanor; sentence at said time, fine $30 and costs, or four months on chain-gang. Assault ; sentence at said time, fine of $75 and costs, or ten months on chain-gang. Commuted August 29, 1884, so that sentences would aggregate eighteen months on chaingang, because the Judge and Solicitor-General requested it-the former stating that he had changed said sentences to eighteen months instead of twenty months, but by oversight they were entered on the minutes of the Court without the change.
Thomas 'J. Green.-Corivicted of bastardy, at theM.iy Term, 1884,
of the Superior Court of Fannin county. Sentence at said time, fine $100 and costs, or six months on chain-gang. Commuted October 10, 1884, to four arid a half .months from date of conviction, because the Judge and Solicitor General stated the case was a strong one for clemency; the former stating also that evidence on the trial was conflicting; and since then affidavits had been made and filed, that some other person was the father of the child.

PARDONS,

D. A. Nevln,.....:...Convicted of simple larceny (horse stealing) at the

September Term 1883, of the Superior Court of Columbia' county,

sentence, at said time, four years in Penitentiary. Pardoned October

9th, 1883. Because a large number of the citizens of the county, in-

cluding the Representative, officers of Court, the Judg~ and Solicitor

General, asked pardon on account of his age and of too weak a mind

to conceive the crime ; that he was tised as a' tool by two men who will

be prosecuted if caught.

John Harmon-Convicted of robbery August Term 1880, Superior

Court of Walker county; sentenced, at said time, ten years in the

Penitentiary. Pardoned November 10th, 1883. Because: -James

Neal, prosecutor and person robbed, swears he was misunderstood on

trial; that he used the word "John'' meaning John Davis, one of the

<lefendants convicted with Harmon ; that Harmon did not rob him,

Recommended by the Judge who presided at trial, and Judge who

passed on the motion for new trial, the latter stating that if the Neal

affidavit had been before him he would have granted new trial. Hos-

pital Surgeon states Harmon was confined to hospital and would never

be able to perform physical labor.



Robert Wall.-Convicted of assault and battery and sentenced De-

cember 14th, 1881, in the Superior ~ourt of Chatham county, to pay

a fine of $250 and costs or six months in chain-gang. Case was car-

ried to the Supreme Court and prisoner began on July 1st, 1883, to

comply with the sentence. Pardoned Noverfiber 10th, 1883.

Because Solicitor General thought clemency proper and the Board

of County Commissioners petitioned for the pardon on the ground of

his ill health, the physician certifying that he could not work in chain-

gang and confinement in jail would aggravate the sickness.

James Norrzs.-Convicted of illegal voting, by reason of non-r,ay-

ment of tax, July Term 1882, of the City Court of Clarke county,

sentence, at said time, fine $50 of and costs, or 12 months on chain-

gang.

Pardoned December r3th, 1883, because the Judge and Solicitor of

the Court recommended pardon. He is over 60 years of age and too

poor to pay a fine. The tax was only 7 cents on some household

goods belonging to his wife, but returned_ in his name. Dr. W. A.

Carlton makes oath, that by reason of his age and ill l:.ealth, confine-

ment would result in his speedy death.

Charles Willzams.-Convicted of larceny from the house at the

September Term 1881, of the Superior Court of Dooly county ; sen-

tence, at said time, 5 years in penitentiary.

33
Pardonetl December 3d, 1883, because principal physician of penitentiary certifies he has carefully examined prisoner, that he has consumption, and cannot possibly recover.
S. H. Sanders.-Convicted of practicing medicine without register: ing at December Term, r883, of the County Court of Pike County; sentence, at said time, fine of $100 and costs or 30 days in jail.
Pardoned December 8th, 1883, because he is too poor to pay fine and owing to his age, sixty-three years, and ill health, he cannot endure the confinement. He is a regular graduate of the Augusta Medical College of this State. He did not know of the law requiring him to register, and when notified immediately stopped practicing until he could comply with the law. A large number of citizens, including several physicians, asked the pardon.
Martha Thomas.-Convicted of enticing away a-n apprentice, and sentenced June 28th, 1883, in the County Court of Greene county, to pay a fine of $50 and costs, or six months in chain-gang. Pardoned December I 5th, 1884, because of advanced pregnancy.
Malcolm Ru.ffean.-Convicted of simple larceny, Npvember Term, 1881, of the Superior Court of Burke county. Sentenced at said time to five years in the Penitentiary. Pardoned December 21st, 1883, because of exceeding ill health ; the camp physician certifying that he had "valv.ular disease of the heart, attended with dropsical effusions in the cavities of the abdomen," which he pronounced incurable, and his family agreed to take care of him.
David Long.-Convicted of perjury, March Term, 1883, of the Superior Court of Cobb county. Sentenced at said time to four years in Penitentiary.
Pardoned December 24th, 1883, because the Judge and SolicitorGeneral and jury recommended it, and a petition signed by a large number of respectable citizens of the county, n quested it on the ground of old age, being infirm in mind and body, and without sufficient sense to understand the nature of the crime.
Elizabeth Givens.--Convicted of infanticide at the Spring Term,_ r86-, of the Superior Court of Dougherty county, and sentenced then to confinement in the Penitentiary for life.
Pardoned December 24th, 1883, b~cause she has been confined nearly twenty years and the principal keeper of the Penitentiary recommended. a pardon on account of her uniform good conduct and her old age.
Lou Warmick.-C9nv1cted of assault,- with intent to murder. April Term, 1883, of the Superior Court of Marion county. Sentence at said time, three years in Penitentiary.
Pardoned Deceniber 29, ;1883, because petition from the county,_ signed by a number of citizens, including prosecuting attorney and ee

34
of the county commissioners,urged her pardon on the ground- of extreme ill health; Dr. E. T. Mathis, of said county, testif)ing that she was then confined in jail by "general dropsy," and had what is generally .known as bed sores, aqd if kept in jail would die, that she had not been sent to penitentiary by reason of her condition.
Charles Hicks.-Convicted of larceny from the house, at December Term, 1881, and sentenced then to ten months on chain-gang. After serving over three months of sentence he escaped, and was re-captured in November, 1882, tried and convicted at said time in said court of an escape, and sentenced then to twenty months on chain-gang.
PardonedJanuary 29th 1884, because he has served altogether about nineteen months, and by reason of his good conduct. On one occa. sion as an outbreak among convicts was threatened, and he captured a desperate character that escaped from guards and returnee him to custody. The Judge and Solicitor state the ends of justice have been subserved by the punishment received.
0. P. Cornett.-lndicted for murder, and by permission of the court plead guilty of involuntary manslaughter in the commission of an unlawful act, and sentenced on December 10th, 1883, in the Superior Court of Fulton county, to one year in the Penitentiary.
Pardoned January 1st, 1884, because the Judge and Solic1tor-Gen-eral urged it ; it appearing that the defendant has been a deaf mute from his birth, by reason of which he could not properly give information at time of trial, which otnerwise would have been obtained. The Solicitor-General asked his pardon, believing him innocent; and :Stat,ing that had the evidence since obtained been before the jury, he would have been acquitted.
George King.-Convicted of burglary at the December Term, 1883, of the Superior Court of Fulton county, and sentenced at said time, to five years in the Penitentiary. Pardoned January 29th, 1.884, because he was then lying ih jail, unable, from heart disease; dropsy and asthma, to be carried to the Penitentiary, and would soon die 1rnle::.s released.
'Jokn Cook.-Convicted of arson a:tthe September Term, 1883,,of the Superior Court of Pickens' county; and sentenced, at said time, to five years in, the Penitentiary. Pardoned January 29tn, 1884, beca.use the Judge and Solicitor-General joined in petition for pardon, it appe:;lring that party, at th~'i-equest of some good women in the neighborhood, burned the.hbus'e, an old unot:cupied one inthe c.ountry, which had been a resort for' noto'tiously lewd women, and ~he owner ~f hou~e refused to prosecute.
George Wziliaks:-convicted'of'btlrgla_cy al'theSpringTerm,1877; -0f the Superior Court of Chatham county, and sentenced at said _time

35
to five years in the Penitentiary. Pardoned January 31st, 1884, because he had faithfully served six years and seven months of sentence and, at peril of his life, recently captured a convict under sentence for life, and prevented his escape. The prisoner was wounded with axe by the convict endeavoring to escape, but nevertheless held him till assistance came .
.David O'Shields.-Convicted of assault and battery, March Term, 1883, of the Superior Court of Dawson county ; sentence, at said time, fine of forty dollars and costs or four months in the chain-gang, .and also, at the same time of a misdemeanor and sentence, at said time, fine sixty dollars and costs or eight months in the chain gang, to begin at the expiration of the first sentence. Pardoned April 30th, 1884. Because, Judge Superior Court certified that O'Shields was improperly kept in jail for six months before being sent to chain-gang, .and that sentence \\-Ould have been executed but for this fact, and thinks the six months should be counted in his favor.
Lena Jones.-Convicted of simple larceny at November Term, 1883, of the Superior Court of Muscogee county; sentence, at said time, twelve months in chain-gang. Pardoned April 24th, 1884. Because -of advanced pregnancy.
Wz1liam M alone.-Convicted of assault with intent to murder, and sentenced in the Superior Court of Fulton county, October 27th, 1880, to four years in the penitentiary. Pardoned May 14th, 1884. Be<:ause the camp physician certified he had chronic bronchitis and hernia, and could not live much longer, and his family would take care of him.
Walter Wells.-Convicted of larceny from the house in the City Court of Savannah, and sentenced April 14, 1884, to sixty days in jail. Pardoned June 11, 1884, because sentence had almost expired, and a petition signed by a number of best citizens of Savannah, asked the pardon, stating that he was a youth, and was led into crime by older persons.
Charles _rohnson.-Co,ivicted of burglary, and sentenced on July 1 1884, in the Superior Court of Fulton county, to one year in the pen~ itentiary. Pardoned August 8, 1884.
It appeared that he had been confined in jail over one year, awaiting his trial, and during the time notified the jailer of conspiracies that might have terminated in a jail breaking. Evidence of good character where he formerly lived, and which could not be obtained at trial, was presented. The Judge recommended and the Attorney General advised a pardon.
Toby McKnight alias Toby Mack.-Convicted of burglary at the :Spring Term, 1879, of the Superior Court of McIntosh county, and

36
sentenced then to ten years in the penitentiary. Pardoned October I, 1884, because the principal physician of the penitentiary recommended it ; that he had been in hospital the past two years, and could never recover, ar.d his family would take care of him.
William Davenport.-Convicted of voluntary manslaughter at the Spring Term, 1879, of the Superior Court of DeKalb county, and sentenced then to fifteen years in the penitentiary. Pardoned October 1, 1884, because the principal physician of the penitentiary recommended it on account of his long sickness, and that he would_ never recover, an-:i that his family would take care of him.