GOVERNOR'S MESSAGE.
NOVEMBER 3, 1886.
Jas. P.- Harrison & Co., State Printers, Atlanta, Ga.

GOVERNOR'S MESSAGE.
NOVEMBER 3; 1886.
Jas. P. Harrison & Co., State Printers, Atlanta, Ga.

MESSAGE.
EXECUTIVE DEPARTMENT,
ATLANTA, GA. Nov. 3, 1886.
To the Senate and House of Representatives:
The present General As~embly convenes under more fa_ vorable conditions than any of recent years. For the first time in nearly a quarter of a century, the Federal government is administered by a President for whom the vote of the State was cast, together with the votes of a: majority of the States, representing all sections of the Union. The people of all the States participate freely in the administration, whilst the several States manage their domestic affairs without Federal interference. The anomaly no longer exists of States in one section being subject to all the burdens of the government and denied equal participation in the benefits-
In nothing has t}i.e excellence of the Federal Constitution' been so plainly demonstrated, as in the provision which per. mitted and required this return to national administration. And nowhere in the country's history have the people. in voluntarily ava.iling themselves of this opportunity at the polls, so forcibly illustrated their capacity for self-government. Conservative and patriotic citizens of all parties and sections have no reason for disappointment at the results. The laws are impartially executed; crime is suppressed as far as it is in the power of government to suppress it without peril to liberty; the rights of all classes are preserve<l. without distinction of race, color or previous condition, and every citizen is protected in the rights of person and property a:nd in the pursuit of happiness. This auspicious change has renewed the confidence of patriots in the perpetuity of republican institutions. - In Georgia the progress of the people in the elements of material prosperity, _to which I called attention in a former

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message, has been so marked as to inspire the belief that it is permanent. \Ve have been spared wide-spread calamity, whether failure of crops, or commercial depression, or pestilence, or other visitation involving life or property. It may be fairly said that at no time within twenty-five years past have the people been as prosperous, as contented and as hopeful of the future.
The reports of the various officials, connected with the government directly, or with institutions supported by the State, which are herewith transmitted, give satisfactory details of the operations of their departments.
STATE FINANCES.
The Treasurer presents an exhibit of the finances of the State which should be gratifying and encouraging to every citizen:
Cash balance in the treasury, October 1, 1884, was $148,100.76; receipts for the year ending September 30, 1885, $1,777,428.16; disbursements for same period, $1,441,338.19; balance October 1, 1885, $484,190.73.
Receipts for the year ending September 30, 1886, were $4,2:W, 130.33; disbursements during same period H,453, 393. 10, leaving balance, October 1, 1886, $250,927.96.
Attention is directed to the detailed statement of probable receipts and expenditures for the next fiscal year, submitted by the Treasurer. From this it appears that the estimated income from the present rate of taxation will yield sufficient revenue to meet undrawn appropriations for the fiscal year 1886, as well ae estimated appropriations necessary for the year 1887, and leave a cash balance in the treasury, October 1, 1887 of$514.887.93, which is adequate under our system forthe conduct of the government.
It will be seen that the provision made in the Act, approved December 23, 1884, for the payment of $3,455,135 of principal of the public debt maturing in the years 1885 and 1886, has been carried into effect in a manner which has materially improved the credit of the State and largely reduced annualinterest. The details of the sale of 4percent. bonds, issued under that Act were communicated to the preceding

5
Legislature in my message of July 8, 1885. At that time, only the first delivery, )(1100,000,July 1, 1885, had been made;
In addition to the $250,000 delivered J;:i,nuary 1, 1885,
$307,000 were delivered at different times up to February 24, 1886, in exchange for maturing bonds under the contract. Thereafter, the remainder of the bonds were delivered according to the contract of May 5, 1885, except as that contract was modified by a supplemental agreement, made February 25, 1886, in pursuance of a resolution approved October 13,1885. The original contract provided for the delivery of $3,012,000 of the issue, on May 1, 1886, interest to commence at that time. It also permitted the purchasers to demand an earlier delivery of any part of this amount, on tender of maturing bonds as cash at their par value, and payment of the premium, the State paying the difference in interest between the new and old bonds at maturity of the latter. The resolution authorized the delivery, after January
1, 1886, of any part of the 4l per cent. bonds, and the appli-
cation of the proceeds to the payment of maturing bonds, where holders of such bonds would surrender them before maturity for the principal and difference in interest between the old and new bonds, provided that such delivery of new bonds and payment before maturity of maturing bonds "should entail no greater expense upon the State than that contemplated in the present contract for the sale of new bonds." After full consultation with the Treasurer and Attorney-General, 1 decided to make a supplemental contract with the purchasers to carry out such provisions of the resolution as might be practicable.
On February 2,5, 1886, an agreement, prepared by the At-
torney-General, was made with Messrs. wolffe and associates
for the delivery of as much as $500,000 4 per cent. bonds, or more at the option of the State, at any time after March 1, 1886, on condition that the latter should surrender an equivalent amount of old bonds before further deliveries would be made, the State paying principal of surh maturing bonds, and the difference of interest as afores:1id, and retaining the coupons until maturity as additional guarantee in the transaction, and on the further condition that the purchasers

6
should pay the interest on the new bonds.so deli-vered until the presentation for payment of maturing bonds, as provided in the agreemen;t. It was further stipulated that adjustment of interest between the State and purchasers, growing out of the early deli very of the new bonds, should be made as provided in the resolution. The benefit to the State consisted in the fact that the original deposit of$172,756.75, as security for the performance of the contract, was not lessened by deliveries of bonds from time to time, but remained in the treasury until the contract should be fully performed, the percentage of the guarantee being increased with every bond delivered and paid for, and in the fact that the Treasury was enabled to retire maturing bonds gradually without the necessity of carrying more than three millions of money at one time. Under this agreement $763,000 was delivered prior to May 1, 1886, and the purchasers presented $516,000 of maturing bonds for payment. So that the ~mount of $1,972,000 remained for delivery on May 1, 1886. On that day the purchasers received and paid for this remainder,' and the Treasurer returned to them the sum of money which had be~n deposited as guarantee of the contract, with interest, as the State had used the money in pursuance of the contract as a temporary loan authorized hy law. Up to October 1, 1886, date of the Treasurer's report, all of the matured bonds aforesaid had been presented and paid, except the amount of $318,120.00, since which time a large portion of this amount has been paid.
Inasmuch as the purchase money of the above amount of bonds was in the treasury and depositories, held for payment of principal of the maturing bonds, I instructed the Treasure1 to advertise that he would pay at the treasury, or at the State agency in New York, the principal of f!Uch bonds presented before maturity, the holder retaining the last coupon for interest, to be paid at maturity out of other money appropriated for tha~ purpose. It was believed that such disposition of the idle money, which could not be other,vise used, would benefit the credit of the State and facilitate the operations of the treasury.
In all these transactions1 no commission whatever has

7
been paid, either in the sale of bonds or in the payment of matured bonds. The beneficial eflect of the foregoing transactions has been felt not alone in appreciation of the State's credit, and in the reduction of annual interest to the amount of$84,936 38, but municipal, corpo~ation and individual cred it has been materially improved. Since the State loan and in consequence of it, one of our cities, which has 8 per cent.
bonds outstanding, has recently sold 4 per cent. bonds at
par. This fact and the high premium which our 4 per cent. bonds now command in open market furnish perhaps the best illustration of the State's financial condition.
SINKING FUND.
The time has arrived for carrying into effect paragraph 1, section 14, article 7, of the Constitution, which provides that after payment of the 8 per cent. bonds issued under the act of February 19th, 1873, the sum of one hundred thousand dollars shall be raised by taxation each year in addition to the sum required to pay the public expenses and interest on public debt to be held as a sinking-fund to pay off and retire the bonds of the State not yet matured, and for no other purpose whatever.
If the fund cannot be applied to the purchase of bonds of the State at or below par, authority may be granted by law to the Governor and Treasurer to loan it from time to time on the security of outstanding bonds of the State.
Duty and interest combine to render imperative the requirement of legislation to effect this important object. Nothing contributes more to improve the credit of the State than the annual reduction of the principal of the public debt under the operation of a suitable law. The fact t.hat, from the 1st of January, 1878, to the 1st day of October, 1884, the principal of the public debt had been reduced by payments from time to time, the sum of $1,939,865.00 contributed largely to the recent sale of 4 per cent. bonds at a premium.

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MATURING BONDS.
In this connection it is necessary to bear in mind that the duty will devolve upon the present General Assembly of providing for the :payment of $2,141,000.00 6 per cent. bonds, issued under the Act of February 19th, 1877, which mature January 1st, 1889. There is reason to believe that bonds can be sold for that purpose, bearing even a lower rate of interest than 4 per cent.
It may be well to consider the propriety of arranging the dates of maturity of a portion, or of all these bonds, so as to meet the requirements and facilitate the operations of the sinking fund.
Inasmuch as all these bonds mature at the same time, it will be practicable to afford the holders of such bonds the opportunity to fund or exchange them for new bondR bearing a lower rate of interest. To this end I recommend suitable legislation for the issue of bonds, maturing within not less than thirty years, subject to earlier payment at the option of the State, in such amounts and at such dates as may be deemed advisable, and bearing interest at a rate not higher than 4 per cent, with proper provisions for funding the maturing bonds, at the option of the holders, by exchange before maturity.
COMPTROLLER-GENERAL'S REPORT.
The Comptroller General furnishes con:ip:rehensive details of the condition of the insurance oompanies doing business
in the State, as well as of our system of taxation. Fire in-
surance Companies have done a prosperous business during the past year, their receipts for premiums amounting to $1,416,854.39, and their losses to $486,279.07. There has been an increase in number and an improvement in character of the companies registered. The laws regulating the Insurance business need thorough revision. Unless the supervision exercised over the business by the State is efficient, it were better to have none. The Comptroller-Gen eral makes valuable suggestions on this subject. His ex-

9
perience and devotion to duty, manifested during several terms of office, entitle them to careful consideration. The entire cost of collection of taxes, and loss from failure to collect, amount to a fraction over 6 per cent of the levy. The increase in annual return for taxation which has attracted attention from year to year has been maintained. Amount returned in 1884 was $317,074,271; in 188.5, $321,69.5.616, and in 1886, $329.489,.50.5, an increase of $94 529,957.00. since 1879. This is far below the actual wealth of the State. The provisions made, from time to time, to secure correct return and valuation d property have n<Jt been effectual. No suhject will engage your attention of more importance. A simple plan of assessment, without change in the num~ her of present official:,, would produce desirable results. Time would remedy defects. If nothing more should be accomplished than to equalize the valtat:ons of property and distribute justly the burdens of taxation, the experiment should be made.
REPORT OF THE ATTORNEY-GENERAL.
The Attorney-General furnishes full details of the litigation in the courts of Georgia and of the United States in which the State is interested. Final decisions have been obtained in all the cases against the Bank of Rome and the sureties upon its bond as one of the State depositories, to recover the balance of $53,017.03 due the State when the bank closed its doors. The entire amount 1 as been collected, together with $9,976.63 interest, and $'i'00.00 profit realized from the purchase at sheriff's sale, for the benefit of the State, of certain real estate, afterwards sold as provided by law, ma:ing an aggregate of $63,693.66.
In the case in the Supreme Court of the United States, in involving the right of the State to tax (under the Act of1874) certain branches of the Southwestern Rail~oad, to-wit, from Americus to Albany, from Albany to Blakely and from Cuthbert Junction to Eufaula, a decision has been rendered sustaining the right of the State to levy the tax. The amount collected through these suits for the years 1874, 5, 6 and 7, together with interest, was $27,402.92.

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The principle settled in the decision establishes the right of the State to tax said railroad branches in the future. In addition to the sum collected directly in these suits, the company ha~ paid to the Comptroller-General the sum of $13,724.38 taxes for subsequent years, on executions levied and suspended by agreement to await the determination of the previous suits.
The suits to recover the amount rue the State by the Citizens' Bank are still pending, as well as others in which the. State has an interest, but the report gives satisfactory explanations of their status and of the reasons of their continuance The zeal and ability with which all these matters have been managed by the Attorney-General give assurance of his watchfulness in guarding the public interest.
RAILROAD COlfMISSION.
The Railrosid Commissioners submit a report conta!ning a comprehensive state.1'ent of the operations of the Com mission. Their delicate and important duties have bet>n performed in a' manner which has given a reasonable degree of satisfoction to the public and the railroad comr,anies. Complaints of substantial grievances are said to be comparatively rare. In many cases satisfactory adJustments are m.ade. Where such adjustments appear impracticable, the decisions of the Commission have bern cheerfully acquiesced in by the parties
The power and duty of the Commissioners, under our statute, to take cognizance of questions growing directly or indirectly out of inter-State commerce, as weU,as the-right of the State to legislate on matters affecting such commerce, have been the subject of much contention.
A recent decision of the Supreme Court of the United States, to which attention is called in tbe report, determines the question adversely, in the opinion.of the Commission ers, to the right of the State to legislate upon that subject.
will They express the hope that the text of the decision, when
published, settle many difficult and perplexing ques-

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tions now arising on the construction of State laws on such subjects.
Attention is called to the various recommendations in the report, touching. contingent Pxpenses, rates of advert:.sibg, and salary of Secretary. The usefulness of the Commission should not be impaired by inadequate provision in such matters.
NEW CAPITOL,
The report of the Capitol Commissioners shows the progress made in building a new State capitol. The work of construction was commenced about two years ago, and has been continued as rapidly as the appropriation for that purpose would justify, with no further interruption than was required by occasional inclemency of the weather. A foundation of great strength has been laid, upon which the walls of three of the four stories have been so nearly completed that the iron floor beams of the last story are being put into place. The large quantity of cut stone already placed in the .walls sufficiently commend the fitness of the stone and the excellence of the design. It is only necessary to examine the walls, even in an unfinished state, and the gradual development of the design for the interior of the building and the character of construction, to be convinced that the structure, when completed, will meet all the requirements of a State capitol, in accommodations and security, as well as in dignity and grandeur of appearance. Provision was made by the Commission in letting the contract to reserve a fund from which to meet any unforeseen contingency in the construction. Such an emergency occurred when excavations for the foundation were made. Difficulties, such as an old cistern, a well, a large cesspool, and other inequalities of ground, hidden by former grading, required more and heavier masonry and concrete, and in some places a change in the character of the masonry as well as in the thickness of the walls. These difficulties have been overcome by an expenditure of $11,250.98 in addition to that contemplated in the contract. The great care bestowed upon this portion of the work has secured a foundation which has yet shown

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no indication of unequal settling. The remainder of the

surplus in question will be reserved until it shall appear in

the further progress of the work that no other contingency

will require extra expenditures, when it may be used to

make such changes in the material and style of workman-

ship in any unfinished part of the structure as may be

deemed advisable. The progress of the work increases the

security of the State that the cost of it, including all inci-

dental expenses properly connected with it, will not exceed

the limit of $1,000,000.



The contractors have demonstrated th~ir ability to pro-

vide costly and valuable machinery and appliances to

secure the utmost economy in the work of construction, and

their skill in the organization and direction of labor and in

the management of details. The portion of the work already

done, at the cost to the State under the estimates placed upon

it by the Commission, has been less profitable to the con-

tractors than should be the uufinished part of the building

for the remainder of the contract price. The bond of the

contractors is for 20 per cent. .:>f the whole amount to be paid

to them ; as nearly half the work has been done, the percen-

tage of security in the bond has been nearly doubled, when

.

\

the 10 per cent. reserved out of the price for work done and

material delivered at the building is added, to say nothing

of the expensive plant in machinery, derricks and other ap-

pliances for construction hereinbefore mentioned.

The commissioners call attention to the fact that on ac-

count of the delay of nearly one year in the passage of the

bill for the erection of the capitol, without a corresponding

change in the provisions, which distributed the appropria~

tions through six years, and required the work to be com-

pleted by January 1, 1889, legislation is necessary to make

the sum of $540,000 available by January 1, 1889, the date

fixed in the contract for the completion of the building, or

to extend the time for another year. The Act appropriated

$100,000 for the year 1883, and $180,000 for each of the five

succeeding years, out of any surplus in the treasury not

otherwise appropriated. Prior to the passage of the general

appropriation Act, approved December 22, 1884, the only

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ioney in the treasury available was the sum of $55,625 paid by the city of Atlanta, which had been specially appropriated for that purpose.
The year 1884 was necessarily treated as t.he first of the series, instead of the year 1883, as originally contemplated. Therefore the sum of $.460,000 only has been available up to January 1, 1887. It is not,advisable to extend the time for the completion of the building. It can be completed within the time specified in the contract, and both economy and . the needs of the State. render this desirable. An' extension of the time will involve additional outlay for the salaries of the commissioners and superintendent, besides other expenses, without better results in the work of construction, and postpone the time when the State will have adequate accommodations for the General Assembly, public officials and the people, as well as protection from the danger of fire to the public records, documents and archives. The sum reserved out of payments due the contractors as additional security will amount, at the time ofcompletion of the building, to $86,275.67, which will not be payable until the beginning of the fiscal year 1889 under the contract. An appropriation of$258,724.33 for the year 1887, and of $200,000 for the .year 1888, leaving $86,275.67 to be provided for January 1, 1889, after the building has been completed and accepted, will insure its construction within the time prescribed by .the contract. For these reasons I recommend appropriate legislation for that purpose.
PENI.TENTIARY,
The reports of the chief officers of the penitentiary-the Principal Keeper and the Physiclan-herewith transmitted present a full and interesting account of matters relating to our State prisons. Their suggestions deserve your careful consi-deration.
It will be seen that the number of penitentiary convicts on the 20th October, 1884, was 1,368; received from jails since, 777, making a total of 2,145. Of this number, 493 have been discharged, 57 have escaped and 68 died-total

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618, leaving on the rolls of the penitentiary October 1, 1886, i.,527.
This makes an increase in the number of convicts, during the past two years, of 159; but this increase all occurred previous to j uly 1, 1885, as the rolls on that date contained 1,533-a larger number by six than were in the peniten tiar_y October 1, 1886. In view of this exhibit, the principal keeper expresses the hope that the maximum of criminals has bef'n reached.
It appears that nearly the entire number of convicts are now engaged in mining coal, making coke; building nilroads and maki~g brick. Experience has demonstrated that convicts cannot always be profitably employed at farm~ ing, and it is fortunate that the revival of other industries, especially railroad building, has furnished other employment for them. It has been the constant effort of the officials in charge to improve the condition and surroundings of the convicts-especially as to sanitation-and it is believed that good results have been achieved and will continue to follO\V' their watchfulU:ess. The law, as well ai,; humanity, demands that everything necessary for the health of the convicts should be provided, and the State would be derelict of her duty if proper regulations, looking to this object, were not rigidly enforced.. At the same time, it Should be remem-
bered that the penitentiary is not a place for recreation, and
that willful violators of the law have forfeited their right to either liberty or ease. Society has rights as well as individuals, and maudlin sentimentality should not interpose between the convict and punishment.
I herewith send you a list of the reprieves, commutations and pardons granted by me since my message of November 5, 1884, to the preceding Legislature, as required by the Constitution.
DEPARTMEN1.' OF AGR!CULTURE.
The operations and needs of the Department of Agriculture are intelligently set forth in the report of the commissioner.

15
The net amount realized M fees for the inspection of fertilizers is $75,560.00 This is a decrease of nearly $5,000.00 from the amount received into the treasury from the same source during the season of 18~4-5, and is doubtless <lue in part t,o the determination of the farmers of Georgia to util~ ize the means of fertilization which with proper care may be found at home.
Reference is made in the report to a former recommendation to the General AR~embly to amend the law relating to the inspection and analysis of fertilizers. The v'iews of the Commiilsioner ori this subject are again expressed. and your attention is respectfully invited to them. The report shows that proper attention has been given to the several subjects connected with the Department of Agriculture. Satisfactory results have followed the distribution of seeds, and the efforts of the fish commissioner to stock the waters of the State with fish have been rewarded with reasonable success.
The Commissioner repeats the recommendation made for the estaolishm.ent of an experimental station for the benefit of agriculture. In my last biennial message to the General Assembly, a simihir recommendation w.as made. The farm:. ers of Georgia, represented hy the State Agricultural Society, have made repeated d~mands that a portion of the money collected from their peculiar calling should be devoted to the improvement of agriculture.
More than $75,000 00 has been raised this year from the charge on fertilizers-paid, of course, by the consumers on the farms. Without discussing this tax it would seem that the request made for the application of part of the revenue derived therefrom for the benefit 0f agriculture is not unreasonable.
EDUCATION,
The operations of our common school system are given in detail and with great clearrn ss in the re1-ort of the State School Commissioner.
The enrollment of white scholars in 1885 was 190,346 colored, 119,248. The average attendance in 1885 was 209, 184, which was an increase over the prec~ding year of 14,149.

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The amount raisPd by the State for common school purposes in 1885 was $506 328.08, which was in excess of the amount raiseJ in 1882, $40,519.73. The aggregate of the school fund for 1886 cannot yet be determined with accuracy, as the sum to be derived from poll tax is unknown.
There was appropriated to schools in 1885 by cities and countieb, under local laws, $209,463.49, so that the. entire amount available for school purposes last year was $715,791.57. This gives an average per capita on enrollment of $1,407, and on average attendance, $3,421.
'l'he total cost of operating the system in 1885 was $28,011.13, which was only 5.53 per centum of the entire State appropriation, leaving 94.47 per cent. paid to teachers. This economy in the management explains the gratifying r.isults of the administration of our school hws, when contrasted with the limited means at the disposal of the Com missioner and his subordinates. 'rhe report shows that a levy of one-tenth of one per cent. on the taxable property of the State would yield net 8306,489.00, which, added to the school fund of 1885, would make $812,817 00, or nearly enough to keep up the schools four months.
The Commissioner reccommends the levy of this one tenth of one per cent, and also the passage of a genen l law conferring upon grand juries the power to supplement this amount by. an additional levy in the several counties if deFdred.
For improving and making more efficient the teachers now employed in the public schools. the Commissioner recommends that a small sum, say $1,500 or $1,600, be appropriated annually from the school fund, which, added to the usual amount generously contributed by the trustees of the Peabody Fund, would maintain a Teachers' Institute, from which valuable aid to educat'ion would be derived. It is probable that this aid, heretofore furnished by the trustees of the Peabody Fund, will be withdrawn, unless it is supplied by an appropriation. The amount of money required cannot be used to better purpose in any .other direction.
The singleness of p)lrpose with which the Commissioner has labored in behalf of our school system entitles his views to the careful consideration of the General Assembly.

STATE UNIVERSlTY,

The report of the trustees of the State University shows that there was, during the past collegiate year, the following

number of students in each of the compositive branches of

the Univarsity: Franklin College ................................... 145

State College of Agriculture and Mechanic Arts . . . . . . 47 Post Graduate............ . . . . . . . . . . . . . . . . . . . . . . . . . 1

Law Department ....................... __ ........ 11

Total number at Athens . . . . . . . . . . . . . . . . . . . . . .... . 204

In Medical Department at Augusta ........... .

130

In North Georgia Agricultural College .............. . 139 In Middle Georgia Military and Agricultural College .. 407

ln South Georgia Agricultural College . . . . . . . . . . . . .. 85

Total in all.the departments of the University system,

965. This does not include Cuthbert, no report having been

received from this department of ttJe University. It appears from the report of the trusteee that there is an

aggregate gain of thirteen in all the departments, Cuthbert

being excepted.



The report of the Finance Committee shows that there

was received during the year, including $2,301.68 on land

July 7th, 1885, $40,223.33. The expenditures for ihe same

period amount to $40,223.33. At their last meeting the

Trustees elected Dr. W. L. Jones to fill the vacant chair of Natural History and Agriculture.

The trustees deem the past year in many respects a pros-

perous one. There was an increase in the number of stu-

dents; the young men were unusually well behaved and

studious, and there were more graduates at the recent com'mencement than at any time in the history of the University.

SCHOOL ~F TECHNOLOGY.

The demand for education of the youth of the State in such industrial arts as would fit them for scientific and mechanical as well as professional and business pursuits, induced the Legislature to provide in the Act of October

18
13, 1885, for the establishment of a Technological School as a branch of the State University.
The duty of locating and establishing the school w11s intrusted to a Board of Commissioners. The commissioners have been appointed and have entered upon their duties. In pursuance of the provisions of the Act, they have s.ubmitted a report of the progress made. The proposition of the city and citizens of Atlanta has been accepted on condition that the terms are complied with by 10th inst., of which the commissioners entertain no doubt. They report that, after a careful examination in detail of all the requisites necessary to the establishment of the school, in accordance with the provisions of the Act, and a calculation based upon the cost of the buildings and equipments ofthe school at Worcester, Massachusetts. and other like schools in the North and West, they find the amounts within their control are sufficient to" pay all the cost of grounds, building, machines, tools and appliances necessary for the establishment of said school and its operation for one year," as required by the Act.
LUNATIC ASYLUM.
The report of the trustees and officers of the Lunatic Asylum s:10ws that on October 1, 1885, there were in the institution 1,237 patients. Of these 892 were white and 345 colored. There has been received during the year ending October 1, 1886, 274 white and 117 colored, making a total of 391. Discharged, removed, returned to counties, and died during the year, white and colored, 390-leaving in the Asylum, October 1, 1886, 1,238. The average number under treatment during the year was 1,237; whole number receiving treatment, 1,628. Daily cost of each patient thirty-three and three-fourth cents.
The completion of extensive improvements and additions to the buildings, together with the return to the counties and relations of a large number of harmless imbeciles (as provided by Act of February 28, 1884), has to a large degree relieved the crowded condition of the Asylum. The action

19

of the trustees, under the authority conferred by that Act, has met with very little opposition from the public.
I respe<!tfully rec()mmend that the appropriation for support of the Asylum asked for by the trustees, $175,000.00 per annum fo: 1887 and 1888, be made. The report includes the views of the efficient superintendent, Dr. T. 0. Powell, on the "Increase of Insanity and its supposed Causes," given in compliance with a resolution of the last General Assembly. The subject is ably and 'ilxhausti vely treated, and the paper will repay perusal.
Since my last communication to the General Assembly, the institution has suffered serious lo:3s in the death of Hon. L. N. Whittle, President of the Board of Trustees, and John Hammond, for many years Steward of the Asylum. Both were steadfast friends of the institution, able, zealous and efficient public servants, and their loss is profoundly deplored by all acquainted with the management of the State's great charity.
ACADEMY FOR THE BLIND.

The report of the Academy for the Blind shows an atten-

dance on 30th of September, 1885, of 82, of whom 71 were

white and 11 colored. Received since; 19 white and

1 colored. Discharged during the year, 11. On the roll Oc-

tober 29, 1886, 91-a larger number of pupils to be provided

for than at any time in the history of the Academy.

There was in the hands of the Treasurer September 30,

1885............ . . . . . . . . . . . . . .. . . . ..... $ 3,926 20

Received since State appropriation for 1885-6. . 12,000 00

Received since from other sources...... . . .

165 00

$16091 20

Of this there has been disbursed for maintenance of-

White department...... . . . . . . . . . . .

. . $ 11,397 74

Colored department . . . . . . . . . . . . . . . . . . . . . . 1,856 44

$13,254 18

Balance on hand October 19, 1886. . . . . . . . . . $ 2,837 02

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The amount asked for the next two years is $3,000, with which to tuck-point main building, and purchase pipe organ and other musical instruments, and $16,000 annually for maintenance. I recommend that an appropriation covering these amounts be made.
This beneficent institution deserves the fQstering care of the State. Its usefulness, as well as the economy and efficiency of its management, has long been recognized.
DEAF AND DUMB.
The trustees of the Institution for the Deaf and Dumb report gratifying results in its management. Ninety-one pupils were maintained and instructed during the past year.
Ofthese34 were white males, 27 were white females, a total of 61 whites, and 19 were colored males, and 11 were colored females, making 30 colored. The entire expenditure for maintenance and instruction was $16,286 92.
The school building, for _the erection of which $15,000 00 has been appropriated, is approaching completion. In design and construction, it is admirably adapted to the purpose. The cost will exceed slightly the appropriation, but the utmost care has been taken to insure economy. An additional appropriation of $6,000.00 is asked to complete the basement story and furnish the building for occupation.
The main building needs a new roof. A small additional outlay to that necessary for repairs will enable the trustees to provide - - lodgings, when the new school building is occupied, so that an increased number can be accommodated. For this purpose, and other necessary repairs, the trustees ask six thousand dollars. The expenditure of three thousand dollars in fencing, grading and beautifying the hillsides and grounds connected with the colored department will improve the surroundings of the institution. T4e sum of seventeen thousand dollars annually for the next two years is asked for maintenance. These appropri~tions will enable the trustees to place this useful school upon a basis that will reflect credit upon the people of the State,

91
Our public charities are wisely and economically managed and should be cherished with pride in their benevolence and efficiency.
MARIETTA AND NORTH GEORGIA :&AILROAD.
The importance of a railroad from Marietta on the line of Western and Atlantic Railroad to Murphy, in North Carolina, a distance of 112 miles, has long been recognized. I congratulate the people of the counties through which it runs, and of adjacent counties, and the people of other sections of the State, upon its near completion. In a former message the fact was announced that the controversy, before the Executive and the courts, between the Marietta and North Georgia Railroad Company and Penitentiary Companies Nos. 2 and 3 to test the right of the former to control certain convicts, under previous legislation, had been terminated. A decree was,granted against the railroad company depriving it of the labor of the convicts and subjecting it to a large money recovery. Therefore the convicts were transferred to the penitentiary companies. The question was thus adjudicated between the private corporations interested. The railroad company was depi;ived of the labor of the convicts because the State had leased them to the penitentiary companieS". Nothing was decided between the State and the railroad company as to the rights of the latter, under Executive contracts and legislation, relative to convicts. The railroad company put forward a claim against the State for the loss of such labor, and the damages recovered against them, and incidental expenses, while it was proceeding to build and equip the road, in compliance with the agreements, under which the convicts were worked, and with the Acts and Resolutions of the -General Assembly in reference to the completion of the road.
The State held bonds of the company due July 1, 1897, with interest at 7 per cent. and mortgage and prior lean on its railroad for the sum of 862,898.28, as stated in the Act of September 27, 1881, being the net hire of all the convicts to other parties for certain years, loaned to the company under

22
Act of February 24, 1877, for the purpose of aiding in the construction of the road to the North Carolina line and certain branches. On September 27, 1881, an Act was approved suspending the collection of annual interest from April 1, 1881, to January 1, 1886, on condition that the company should complete the road by that time, and then pay the principal of the debt without interest.
The loss of the labor of the convicts, and other losses in the litigation with the penitentiary companies, necessitated a much greater outlay to finish the road than had been contemplated at the time of the passage of the Act of September 27, 1881. These questions and all others connected therewith were submitted by the company to the General Assembly, which alone could afford relief and determine the validity and amount of such claims against the State. An adjustment of all claims and demands, equitable and otherwise, held by the company against the State, growing out of the matters in question, was proposed for acceptance to the company in the Resolution approved October 7, 1885. The State agreed to cancel the indebtedness if the company would complete the railroad to the North Carolina line within twenty months from January 1, 1886, at the rate of not less than an average of one and a half miles per month. As each section was completed a conditional credit of $2,000 should be placed on the bonds, and on completion of the road to the North Carolina line, if within the time specified, the entire debt should be extinguished. Acceptance by the company of the terms of adjustment, and statement of preparations for completion of the road, all under oath, were required before the Resolution became operative to authorize suspension of interest, otherwise due January 1, 1886.
Accordingly, the company filed, under oath of its proper officials, acceptance and statement, and proceeded to complete the railroad.
At different times, as sections were built and equipped, Executive orders were granted dl:lclaring the company entitled to conditional credits of $2,000, for each se<;:tion of 1 miles, upon its bonds to the State, to take effect whenever the road should be completed to the North Carolina line,

On O~tober 6, 1886, tb:tH'l&mpany reported under oath of-
its chief officials that'the toad ban been completed to the
North Carelina line. On tlt,e-l8th; October, 1886, in company with the Attorney-General and several citizens of the State, I made a personal inspection-of' 1tbe road from Marietta to the North Caroline line; a ~ distance beyond which is
the present terminus, and tllen0&t0Murphy, in North Caro-
line, to which point it bas been graded, and will be com-
pleted in the nearfuture. I found t.hf railroad well-built, the
cross-ties, trestles, bridges and rails -com poeing the superstructure equal to those in use on ,the best narrow gauge railroads in the country. The company has excellent rolling sto<Jk and other equipment.. adequate to a large traffic of freight and passengers. There has been full compliance,on the part of the company, with the requirements of the Resolution of October 7, 1885.
Pending Ext:cuti ve action in the final settlement between the State and company, I was informed by the Treasurer that a bill had been filed in the Superior Court of Cobb county, by James P. Harrison. and a citizen of the State, against the company and the Treasurer, to test the constitutionality of the Resolution of October 1, 1885, and to restrain the Treasurer from delivering and the company from receiving its bonds. This bill was sanctioned by the Hon. J.C. Fain, Judge of the Cherokee Circuit, with the usual restraining order, and an order granted requiring the- defendimts to show cause on November, 8th instoot, why the injunction prayed for should not be granted.
Satisfied that it was my duty to carry into effect the Resomtion, an Executive order was issued on the 28th day of October, 1886, declaring that. the company, having complied with the tertns of the Resolution, was entitled to the surrender of its bonds, and that the same should be surren dered and cancelled upon the filing of the company's release as provided in the Resolutioo.w henever the restraining ~rder hereinbefore mentioned shall be revoked.
Whilst the Treasurer is charged with no duty by the Resolution in reference to this matter, he is the head of one branch of the Executive Department. ,The courtesy due

24
from the Executive to the Judiciary, a co-ordinate branch of the State Government, induced me to suspend the execution of the order until the injunction shall be dissolved.
BANKS.
A system of savings banks, with prov1s10ns to secure prudent management, and to encourage small deposits, is one of the pressing needs of the State. Nothing can contribute so much to the prosperity of a people as habits of thrift and economy. These depend largely upon the facilities furnished for the accommodation and employment of little savings. The sums thus accumulated under judicious direction foster enterprise, increase production and extend commerce.
In this connection the laws relating to banks and bankers should be revised so as to subject the books, accounts and assets to personal examination by a State official charged with that duty. The time ~ay not be distant when State banks will be permitted to issue bills for circulation, and provision should be made to commend them to public confidence.
VOLUNTEER MILITARY.
The condition of our volunteer military organizations appears in the report of the Adjutant and Inspector-General. Bearing in mind that these companies receive no aid beyond the small appropri11,tion in arms and ammunition made by Congress, but rely entirely upon their members, their efficiency manifests public spirit and patriotism, and should commend them to the people of the State.
The Act of October 13, 1885, limited the number of military companies, and directed that, after selection of the oldest and most efficient commands, all in excess of that number be disbanded. The report shows the number of companies organized under this Act and their equipment. The Adjutant-General suggests a small apropriation for annual encampment of the companies, for instruction in drill, in discipline, and in the duties of the soldier.
Provision has been made by other States for such encamp-

25
ments, and experience has demonstrated their usefulnes!I.
The State deems it necesoary to provide by law for the or-
ganization and discipline of the military. Measures should be adopted to place them on a footing of efficiency, which will reflect credit upon the State.
CONSTITUTIONAL AMENDMEN'fS.
The last General Assembly passed two important Acts proposing amendments to the Constitution and providing for submitting them to the people for ratification at the next general election. The first was an Act to amend the Constitution by striking thtrefrom paragraph 15, section 7, Act 3, which provides that all special or local bills shall originate in the House of Representatives, and prescribes the manner of introduction and consideration of such bills.
The other relates to all the objects for which the Legislature may levy taxes, and is an '. Act to amend the last sentence of article 7, section 1, paragraph 1, of the Constitution of 1877 by adding the following words : "And to make suitable provision for such ex-Confederate soldiers as may have been permanently injured in such service," so that said sentence shall read as follows: "To supply the soldiers who have lost a limb or limbs in the military service of the Canfederate States with suitable artificial limbs during life, and to make suitable provision for such Confederate soldiers as may have been permanently injured in such service."
In compliance with the requirements of the Acts, I caused the amendments to be duly published and submitted to the qualified voters of the State at the general election held October 6, 1886, when the same were severally ratified by a majority of the electors voting at such election. On October 26, 1886, I issued a proclamation announcing the result and declaring the amendments ratified. The facility with which this method of amendment has accomplished the purpose should commend it to the General Assembly. Whatever defects in our fundamental law have been developed, or may be developed by time and experience, may be remedied by .amendments submitted to the people.

96
The duty will devolve upon the General Assembly to provide by suitable legislation for extending the benefits of the last m~ntioned amendment to the class of disabled Confederate soldiers for whom it was intended. Exi~ting laws provide for payments or' commutation money to soldiers who lost a lhnb or limbs once in three years. The number of beneficiaries is rapidly diminishing. Many of them are old and poor. The class for whom provision is yet to be made under the amendment are in a like condition of need. The interval between payments has been reduced from five years to three years. This period should now b~ shortened to two years, with the view, when the finances of the State will warrant, of making the allowance annually.
CONCLUSION.
An impartial review of public affairs affected by the administration of the State government, since I assumed the duties of Governor, presents many reasons for satisfaction.
Georgia deservedly holds a high rank amongst the States of the Union. Extent of territory, variety and salubrity of climate, abounding resources of soil, timber and minerals, and increasing population, in themselves would not be sufficient to give the State such rank if the government had been unfaithfully or unwisely administered. It may be truthfully said of our various State, county and municipal officials that they have been reasonably zealous in the discharge of duty.
I am greatly indebted to those connected with the several departments of the State for timely and valuable assistance. No administration can be perfect, even if all the laws were adapted to the needs of the people. Nor can all classes be contented and prosperous.. Human wisdom cannot devise or execute laws capable of producing such results.
But in congratulating ourselves upon the present condition and future prospects of the commonwealth, we should not forget that the earnest and patriotic efforts of all .citi, zens, in public or private station, are necessary to promote

27
the common welfare through the blessings of good government.
In conclusion, I thank the people of Georgia for their confidence and kindness in conferring upon me duties of such distinction, and for the generous support accorded to my efforts to serve them.
HENRY D. McDANIEL.

APPENDIX.

L. J. LEVY.-Convicted in the County Court of Camden county of larceny from the house and sentenced March 5, 1878, to pay a fine of $50, and in default of payment imprisonment for three months in common jail.
On January 32, 1886, his disabilities, by reason of said conviction, were removed because of the petition of the Judge who tried said case and also of the Judge of the Superior Court of the Brunswick Circuit, and of leading ci,tizens of Brunswick where said Levy has lived for many years and deported himself with credit.

REPRIEVES.
WARREN PRICE.-Convicted of murder at the March Term, 1883, of the Superior Court of Johnson county and sentenced to be hanged November 14, 1884.
Reprieved November 13, 1884, until December 12, 1884, in order to have time to carefully examine the petition for commutation which was presented on November 12, 1884. After due consideration clemency was refused.
WILLIS HUDS0N.-Sentenced at Superior Court of Clay county to be hanged July 10, 1886, for murder.
Reprieved July 7, 1886, until August 7, 1886, in order to i;xamine petition for commutation on the ground of his imbecility, After full examination further interference was refused.
HENRY N0RRIS.-Sentenced at July Term, 1886, of Haralson County Superior Court to be hanged September 24, 1886, for murder.
Reprieved September 14, 1886, till October 15. 1886, to fully examine petition for commutation on ground of mental condition. After investigation sentence of court was executed .

. COMMUTATIONS.

ROBERT GRIFFIN.-Convicted in County Court of Putnam county

and sentenced September 25, 1884, to pay a fine of $100 and costs,

and in default thereof that he be imprisoned in the chain-gang for six

months for fornication.



Commuted April 20, 1885, to a fine of $50, because the County

Judge advised it and certified that said Griffin had, since his conviction,

led an exemplary life.

ALBERT FREEMAN.-Convicted at July Term, 1882, of the Superior Court of Harralson county of burglary and sentenced to five years in

penitentiary.
Commuted November 5, 1885, to three years and eight months be-
cause of recommendation of the Judge and by reason of good conduct
in penitentiary.

JOHN DAVENPORT.-Convicted at Spring Term, 1884, of the Superior Court of Oglethorpe county of forgery and sentenced to four years in penitentiary.
Commuted June 23, 1886, to two years and five months because the Judge stated the case was doubtful and he asked for clemency.

ALLEN F ARMER.-Convicted of Larceny from the house at the

Spring Term, 1882, of the Superior Court of Floyd county, and sen-

tenced to seven years in the penitentiary.

Commuted August 14, 1885, to three and a half years, because the

Judge who presided in the case urged clemency and stated if facts,

developed since sentenced, had been then known the punishment

would have been much lighter.



CHARLES LANE.-Convicted at August Term, 1884, of the Superior Court of Gordon county of larceny from the house and sentenced to one year on the chain-gang, and also six months' imprisonment in common jail,
Commuted October 3, 1885, to twelve months on chain-gang, because of earnest request of Judge who presided.

IRA G. GODFREY.-Convicted at Spring Term, 1885, of the Superior Court of Gilmer county of simple larceny, (horse stealing) and sentenced to four years in penitentiary.
Commuted September 15, 1885, to four months by reason of his youthful age and weak mind, which facts were certified to by the Judge and Solicitor General,

ANTHONY PENN AND JAKE WHITE.-Convicted at March Term, 1884, of Superior Court of Chattooga county of burglary, and sentenced for fifteen and eight years respectively.
Commuted October 23, 1885, to four years each, because the only evidence against them was by an accomplice who, just before dying in the penitentiary where he was confined, stated he had sworn falsely. The grand jury of said county and the Judge united in asking commutation.

JACOB HART.-Convicted at the February Term, 1874, of the Superior Court of Glascock county of beastiality, and sentenced to the penitentiary for his natural life.
Commuted October 15, 1885, to twelve years because of his youthful age and punishment for this crime has since been lessened. The Judge and Solicitor General, and Grand Jury and Representative also urged clemency.

THOS. A. HARRELL, JR,-Convicted of Larceny at April Term, 1885, of Superior Court of Marion county, and sentenced to twelve months on chain gang.
Commuted September Ir, 1885, to six months, because of his youthful age and his mental condition, he being almost an imbecile.

JOHN H. PoWELL.-Convicted of gaming on August 20, 1885, in City Court of Carrollton and sentenced to pay a frne of $20 and costs, and in default of payment within ten days that he be confined on chain-gang for twelve months.
Commuted October 5. 1885, to a fine of $20, becaui;e be isacripple and could not pay the fine within the ten days.

GREENE JACKSON.-Convicted of murder at September Term,

1884, of Superjor Court of Morgan county and sentenced to be hanged

October 30, 1885.

.

Commuted October 23. 1884, to life imprisoment in penitentiary,

because the presiding Judge on his own motion asked for the com-

mutation, and stated that facts had come into his possession since the

trial which con,;inced him that Jackson was of such a low degree of

intelligence as to render him incapable of realizing his crime.

CATO LEWIS.-Convicted at November Term, 1885, of County Court of Sumter county of simple larceny and sentenced to chaingang for six months.
Commuted November 18, 1885, tu a fine of $50 and costs, because he had previously borne a good character and his family would suffer if he should be sent to chain-gang. The County Judge and Solicitor asked for commutation.

ANDREW M. NASH.-Convicted at the September Term, 1882, of the Superior Court of Gwinnett county of voluntary manslaughter, and sentenced to ten years in the penitentiary.
Commuted May 27, 1885, to three years, because he was not the aggressor in the difficulty and the deceased before his death exonera-
tCeodurNt.1sh from blame, and on advice of the Judge of the Superior

GEORGE PRICE.- -Convicted of "obstructing a railroad" at the May Term 1884, of the Superior Court of Muscogee County, and sentenced to four years in the penitentiary.
Commuted February 21, 1885, to work in .the chain gang for six months from date, be'.:ause the offense was o.bstructing a street rail road in the city of Columbus, and the judge requesteda communtion,thinking sentence too severe, which, under the law, 'he was obliged to pasi, and because defendant was only about twelve years old.

WILLIS BIRD.-Convicted in the City Court of Floyd County of "playing and betting," and sentenced December 9, 1884, to pay a fine of $40 and costs, and on failure to pay within five days, impri;onment on chain gang six months.
December 24, 1884, an Executive order was passed allowing discharge of defendant on payment of fine and costs, on request of judge and solicitor, who state defendant was prevented from reaching Kome within time allowed to pay same, by reason of bad weather.

HENRY CATO.-Convicted at September Term, 1883, of Superior Court of DeKalb County of murder and sentenced to be hanged,
Commuted November 13, 1884, to imprisonment in the penitentiary for life, because the witnesses on whose testimony conviction was had, are persons of bad character and utterly unworthy of belief, and that one of them (they being brothers) had an old grudge against
said Cato, and because the Jndge and Solicitor General and the Attor-
ney-General advised commutation.

WM. JAMES.-Convicted at the August Term, 1883, of the Superior Court of Forsyth County of an "assault with intent to murder" and sentenced to the penitentiary for two years.
Commuted May 28, 1885, to sixteen months because of newly dis covered evidence since conviction, and in view of which. the judge certified the ends of justice would be secured by Executive clemency.

32

DAVID SN0WDEN.-Convicted at May Term, 1885, of Clarke County Superior Court of murd~r. and sentenced to penitentiary for life.
Commuted November 2, 1886, to imprisonment in penitentiary f0r two years, because defe11dant in an altercation with another party unintentionally struck a child which resulted in death. He did not know child was in reach and the blow would not have killed the party at whom it was aimed. The Ju.dge and leading citizen~asked for clemency.

ANDREW BERRY.-Convicted at the fall term, 1878, of the Superior Court of Putnam county, of horse stealing, and sentenced to ten years in the penitentiary.
Commuted December 2, 1885, to eight years, by reason of his good character before conviction, and his good conduct m the penitenuary, and because a large number of the citizens of Hancock county, the home of said Berry, including the r.ounty officers, urged clemency in his behalf.

E. J. C0LVIN.-Convicted at the June term, 1885. of the Superior Court of Chatham county, of "shooting at another not in his own delense," and sentenced to pay a fine ot $1,000 and costs, and in default of payment that he be imprisoned in the common jail twelve months.
Commuted June 25, 1885, to eight month's imprisonment in the common jail ot said county, because of his inability to pay"the fine and costs, and by reason of seven months confinement, and by reason of being subject to epilepsy and at times having no control over himself, and because further confinement might prove fatal.

HANNAH GREEN-Convicted at November term, 1886. of Superior

Court of Burke county, of hog stealing, and sentenced to two years

in the penitentiary.



Commuted February 15, 1886, to a fine of $50 and costs, and in

default of payment, twelve months on the county chain gang, because

the Judge, in open court, asked the jury to consent that the crime be

reduced to a misdemeanor, and all consented but one. and because of

very poor health, as certified to by a reputable physician,

HENRY L0VEJ0Y,-Convicted at fall term of Superior Court of Troup county, of rape, and sentenced to ten years in the penitentiary.
Commuted March 12, 1886, to one year, because testimony very weak, and Solicitor General recommended clemency, not being fully satisfied with the conviction.

, G. H. BARTON,-Sentenced February 5, 1886, in the City Court of Atlanta to pay a fine of $1,000 and costs, and in default of payment twelve months on the chain-gang, for cheating and swindling.
Commuted June 9, 1886, to a fine of $250, because he was unable to pay the fine and had served four months of sentence, and because
he had heart disease. The Judge also recommded the commutation.

PARDONS.

EDWIN A. LODGE.-Sentenced at April Term, 1886, of Thomas County Superior Court to pay a fine of $100 and costs for "practicing medicine wthout registering."
Fine remitted May II, 1886, because be was visiting Thomasville for bis health, being over sixty years of age al\d a visitor from anoth-

33

er State, He was ignorant of the law. He i,s also a minister of the Gospel and the Judge asked for clemency in his behalf.

GEORGIA T AMPLING.-Sentenced at March Term, 1886, of Talpot

County Superior Court to pay a fine of 25 and costs, and in defal~

thereof to six months on chain-gang, for adultery.

Fine and costs remitted July 14, 1886, because there being no chain-

gang in said county she had been confined in common jail over seven

months, and she was unable to pay fine.



JAMES GUYTON,-'Convicted in the Superior Court of Richmond

county of larceny from the house and sentenced November 15, 1884,

to three years in the penitentiary.

Pardoned July 23, 1885, by reason of his mental and physical con-

dition. The Judge, Solicitor General, County Physician and other

officials m,ged clemency,

-

'

MALISSA SHERMAN.-Convicted at Fall Term, 1885, of the Supe-

rior Court of Stewart county of "assault and battery," and sentenced

to twelve munths in the chain gang, and if no chain-gang in the cot1q.-

ty, to confinement in rommon jail for four months or to pay a fin~' of

so and costs.



Pardoned January 20, 1886, because she had been confined in iaU

more than two and one half months, and was far advanced in prey,-

nancy, and hence should be released.



Gus AKERS.-Convicted at the May Term, 1868, of the Superjo~

Court of Troup County, of Burglary in the Night, and sentenced' to

penitentiary for his natural life.



~ardoned August 3, 1886, because the building was not a dwelling

but a gin house, and since his sentence the law punishing said Crime,

has been greatly modified, and because it has been nearlv twenty

years since said sentence was imposed.

-

JOHN FJSHER.-Convicted at the Spring Term, 1884, of the Superior Court ot "Breaking and entering a Railroad Car," and sentenced to two years in the penitentiary.
Pardoned, December 2, 1883, because of confinement of over one year, very weak evidence and poor health.

GEORGE BROWN.-Convicted at the March Term, 1878, 't>f the Su

perior Court of Cobb County, of murder, and sentenced to be hartged.

On January 9, 1879, the Governor commuted said sentence to life im-

prisonment in the penitentiary.

'

Pardoned July 16, 1886, because at the recent rioting of over one
hundred convicts at one of the camps, said Brown, not only refused to

join in the revolt, but, at the peril of his life, did all in his power to

suppress the munting without bloodshed.

' '

MINNIE BUTLER.-Convicted atthe Fall Term, 1883, ofthe Superior

Court of Cobb County, of voluntary manslaughter, and sentenced to

seven years in the penitentiary.



' . "" .

Pardoned January 12, 1885, because of very low health a11d on re-

quest of Sub-Committee, appointed at session ofr885'to insp~ the

convict camp, in Oglethorpe County. ..

'

'

CoRuUrtSoSfELDLecAatIuKrECNo.u-nCtoryn,voicftedL,aracten}yfalyiftTerear~T1r~8s8t4D, oefletg~aet~~d.l.laJ?,.~apri.,odr

sentenced three years to the penitentiary.

"'



34

Pardoned October 13, 1885, because only two Judges presided at ,hearing of case in the Supreme Court, and one of them thought the
-evidepce insufficient to sustain charge, in which opinion I concurred, and by reason of petition by large numbers of best citizen in the county.

. A. J. MINTER.-Convicted at the fall term, 1883, of the Superior

Court of Jasper county, of voluntary manslaughter, and sentenced to

,one year in the penitentiary.



Pardoned November 6, 1884, because of good conduct since im-

i>risoninent, and hevoluntarily presented himself to the principal keep-

er without waiting for a guard, and by reason of very poor health.

TONY GRAY.-Convicted at the fall term, 1884, of the Superior Court of Taylor county, of "assault and battery" and sentenced to
twelve months in chain-gang, from date of his delivery. - Pardoned December 8,. 1885, because he had been confined in the
common jail over twelve months, without being delivered to chaingang. The Grand Jury of said county and other officials requested the pardon.

S. A. DEAN.-Convicted at August term, 1883, of the Superior

Court of Murray county, of horse stealing, and sentenced to seven

years in the penitentiary.

.

Pardoned April 5th, 1886, because he had already been confined in

jail nearly two y'ears, and was then sick in bed in jail and unable to

perform hard labor. The Judge joined in request for his pardon.

.He was subject to epilepsy.

THos. W. McKrNSEY.-Convicted of stealing from a Railroad Car, .at the fall term of the Superior Court of Fulton county, and sentenced
to three years in the penitentiary. Pardoned March 1, 1886, because he had comsumption and was un-
able to do any work, and he had relatives who would care for him.

JAMES HOPKINS, JOHN DUMAS, and BEN REF.VES.-James Hop :kins, sentenced at Spring Term, 1879, of Superior Court of Coweta

county to life imprisonment in penitentiary for murder; John Dumas,

sentenced fall term 1879 of Superior Court of Sumter county to life

_imprisonment in penitentiary for arson. and Ben Reeves, sentenced

.to thirteen years in penitentiary at Spring Term 1879 of Superior

Court, Baldwin county, for voluntary manslaughter.

, Each pardoned April 20, 1886, on advice of principal physician to

penitentiary who had carefully.each convict and certified that each

,would soon die, and on. assurance that family of each would care foi;

him.

.. W. H. TrSDAL.-Sentenced April 13, 1886, in the County Court of
.Walton County, .to pay a fine of 15 and costs, and in default

of payment in 5 days imprisonment in chain-gang for four month!t,

.for "using opprobious words,'' and at same time for "assault and
.battery," to pay a 6ne of IS and costs within. five days or confinement

in chain-gang for one month. .

.

. Pardoned Apri~27, 1886, .because of his old age ~np feeble _health

;ipd inability to pay fines. l:Ie had already been confined about one

month and was physically unable to.work in chain-gang.

35

NEWTON NICHOLS.-Sentenced at Spring Term, 1880, of Wilkes
Superior Court, to life imprisonment in penitentiary for murder. Pardoned May I, 1886, because it appeared there was no trial, but

that verdict was agreed upon with the Solicitor General, and approved

by the Judge with an agreement to recomend a commutation to five years, and he had served more than five years of said sentence and his

conduct had been exemplary while in penitentiary.

LENA ROLINS.-Sentenced at Fall Term, -1881, of Camden County Superior Court to three years in the penitentiary for " larceny from the house."
Pardoned June 8, 1886, because while a motion for new trial was

pending she was out on bond, and since her conviction marrhd and is

now living reputably with her husband. She had an infant only a few months old. The testimony was almost entirely circumstantial, and
it would be improper to confine her in penitentiary with her infant.

CARROLL VARNADOE.-Sentenced July 6, 1885, in Fulton Coun-

tySuperior Court to five years in penitentiary for voluntary man-

slaughter.

.

Pardoned June 15, 1886, because the Chief Jnstice of the Spreme Court, while not formally dissenting from jud~ment affirm!ng verdict,

emphatically expressed his doubt of defendants guilt, and because his counsel refused to introduce evidenae of previous threats by deceased

.against def~ndant which had been communicated to him, thinking the

State had failed to make out a case. This evidence was submitted to me by affidavits and character of the witnesses sustained by affidavits
of reputable citizens, The deceased was older and larger than defendant and the assailant in the fatal rencounter.

JOHN P. FELKER.-Sentenccd at fall term, 1883, of Fulton County
Superior Court to five years imprisonment in penitentiary for "larceny from the house."

Pardoned September 2, 1886, because he had served more than one-
half of sentence. The Principal Keeper certified to his. exemplary -conduct since confinement and urged his pardon, stating defendant
had thoroughly reformed. A strong petition by citizens of unquestioned integrity, also urged his pardon.

FRANCIS L. MpRGAN.-Convicted of incf!stuous inter-marriage at the August adjourned Term, 1886, of the Superior Court of Polk County and sentenced to imprisonment in the penitentiary for the term of one year.

Pardoned October 26, 1886, because the Ordinary who issued the marriage license, gave the opinion, after investigation, that his mar-
riage would be lawful, and because the judge, who presided at the
trial was satisfied that he did not intend to violate, but honestly sought to know the law, and recommended a full pardon.