Message of the Governor of Georgia to the General Assembly October 23rd, 1895 W. Y. Atkinson, Governor

MESSAGE
OF THE
GOVERNOR OF GEORGIA
TO THE
General Assembly.
October 23d, 189.5,
W. Y. ATKINSON, GOVERNOR.
ATLANTA, GA.
GEO. W. HARRISON, STATE PRINTER.
FRANKLIN PRINTING AND PUBLISHING Co. 1895.

MESSAGE
OF THE
GOVERNOR OF GEORGIA
TO THE
General Assembly.
October 23d, 18().5,
w. Y. ATKINSON, GOVERNOR.
ATLANTA, GA. GEO. W. HARRISON, 8TATB PRINTER.
FRANKLIN PRINTING AND PUBLISHING Co.
1895.

MESSAGE.
Members of the General Assembly :. .
In obedience to official duty, it is my pleasure to
communicate to yon such information as will aid in the discharge of the important trusts confided to you, and to make such suggestions and recommendations as, in my judgment, will promote the interest of the State. Fortunately for me, in the performance of this duty, the reports from the departments of State, made to me in conformity to law, are so thorough and comprehensive that by transmitting them to you, which I will do, I place you in possession of such information that it is unnecessary for me to enter into an extended statement covering the subjects so ably discussed in these reports. I call your special attention to each of these, and ask that1 you give due consideration to the recommendations of these thoughtful, painstaking, and faithful officers.
It is a source of great gratification to myself, and it must be to each of you, that you convene at a period in the history of our State when we are enjoying the blessings of Providence in fruitful harvests. I rejoice that the worst of the terrible financial panic which has been upon us is over, and am confident we can look forward to an era of prosperity. While the cotton crop of this year is not so large as we had hope for, the unexpected good price and the large yield of corn, peas, potatoes, rice, and other food crops, places the people of the State in better condition than they have been for years.

4
COTTON STATES AND INTERNATIONAL EXPOSITION.
The effort of some of the public-spirited and enterprising citizens of this State to hold this year a great International Exposition, which was at first regarded as an audacious undertaking, has been brought to a happy termination. In its arrangement, variety, and proportions it excels any exhibition of the resources and achievements of the A merican people (with the exception of the World's Fair at Chicago) which has ever been made, and will bring to Georgia visitors from every quarter of the globe, whose impressions of onr people, our civilization, our resources, and our inviting fields for investment will in the near future greatly advance our growth in industries, population and wealth.
STATE EXHIBIT.
Realizing the importance ot this great event, at your last session you made an appropriation which you directed to be used for the purpose of making an exhibit of Georgia's resources at the Cotton States and International Exposition. The duty of expending this money and making the proposed exhibit was imposed by you upon Hon. R. U. Hardeman, State Treasurer; Hon. J.M. Terrell, AttorneyGeneral; Hon. G. R. Glenn, State School Commissioner; Hon. W. A. Wright, Comptroller-General; Hon. R. T. Nesbitt, Commissioner of Agriculture, and upon myself. The board selected Hon. W. S. Yeates, State Geologist; Hon. Geo. F. Payne, State Chemist, and Hon. R.obert J. Quinn, Assistant School Commissioner, as honorary members, each of whom has rendered us valuable aid without compensation. Mr. George W. Kelly was elected as assistant to the Commissioner of Agriculture, who was
the executive officer of the board, and Mr. E. M. Durant
was elected as secretary. With this force we under-

5
took to do the work entrusted to us, and feel a just pride in the magnificent exhibit made by the State. At an early period in our work we became convinced that the sum appropriated by the Sfate would not enable us .to make so complete an exhibit of all the resources of the State as we felt it was the duty of the State to make on such an occasion. Fortunately some of the public-spirited and patriotic citizens of the State, who are interested in manufacturing, came to our aid. With their approval and co-operation a convention of the manufacturers of Georgia was called to meet in the hall of the House of Representatives. The convention was largely attended, and as one of the results -thereof money was raised, and a special building erected at the expense of the manufacturers themselves, in which you will find the exhibit of the Georgia manufacturers. The variety, character, and extent of this exhibit must inspire the pride of every Georgian, and when taken in connection with. the exhibit made by the State Board, plaqes Georgia before the world in a most enviable light. Those who come from abroad to visit this great exposition, and views Georgia's resou~ces as exhibited in the State Buildingand in the Georgia Manufacturers' Building, will leave us with a higher estimate of the resources and capabilities of our State and the character and achievements of our people. The influence of the exposition and of the State's exhibit will be of incalculable value in directing to Georgia a vast amount of capital which the revival of business will cause to seek safe and profitable investment.
OOMPTRO.LLER-GENERAL'S REPORT.
The report of the Comptroller-General presents a number of interesting facts. I call your special attention to two tabulated statements arranged by him, the one show-

6

ing the value of the different classes of property in 1879 and in 1895, and the other the value of the taxable property of our colored population during each of the years within that period :

18i9.
City and town real estate ............ $49,007,286 Agricultural lands . . . . . . . .......... 90,493,822 Live-stock .......................... 21,017,634 Farm implements..... .............. 2,971,372 Householrl furniture............. . . . 9,156,404 Merchandise ........................ 12,012,755 Money, etc ........................ 25,513,005 Cotton factories. . . . . . . . . . . . . . . . . . 1,640,000 Iron works, etc. . . . . . . . . . . . . . . . . . . . . 295,640 Bank capital .. .. .. . .. . .. .. .. . . .. . 4,667,ii67 Railroad property . . . . . . . . . . . . . . . . . . 9,866,129

189j,
$116,311,095 120,872,ti 15 21,174,632 4,754,651 15,165,146 17,419,116 31,056,175 9,684,286 968,333 13,1 93,68(i 39,\J52,fJ72

STATEMENT~OF PROPERTY RETURNED BY COLORED TAXPAYERS FROM 1879 TO 1895.

1879 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,182,398

1880 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,'>,764,293

1881. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,478,951

1882 ..................................... ,............ 6,589,876

1883..... . . . . . . . . . . .. . . . . .. . .. .. . . . . . . . .. .. . .. . . .. . . . 7,582,395

1884 ....................................... ,.. . . . . . . . . 8,021,52ii

1885 . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,153,390

1886. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,655.298

1887..... . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . 8,936,47\J

1888.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9,631,271

1889.... . . . . . . . . . . . . . . . . . . ........................... 10,415,330

1890...... . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 12,322,003

1891 ............................................. 14,196,73.'i

1892........ .. .. .. .. . .. .. . . . . . .. . . .. . .. . . . . .

14,869,575

1893... . . . .. .. .. . .. . . .. .. .. .. .. . .. .. .. . . . .. . .. ..... 14,960,6i5

1894 ....................................... ......... 14,387,730

1895 ................................................... 12,94[,230

The tax returns for the present year show a loss of nineteen million dollars of valuation as compared with the returns for the previous. year. While this-is to be regretted it is scarcely to be wondered at when we consider the depressing effect of the panic upon business and property values everywhere.

7
THE NEED OF A NEW ASSESSMENT LAW.
In reference to the value of property as shown by the -Comptroller-General's report gathered from tax returns, it iis my duty to say to you that it does not approximate the real or market value of the property of the citizens of the -State subject to taxation. Under the present system of making tax returns, outside of where the returns are affected by local assessment systems of towns and cities, each man is his own tax-assessor and places upon his property -such value as he sees fit, even himself in many.-instances -~onfessing that the amount at which it has been: returned by him for taxes bears no approximate relation to the real value of the property. While the legislature nominally -fixes the tax rate for the State to be collected from her citizens, each citizen has the -power to fix his own tax rate, and many of theni do fix it at' an unjustly' low rate by placing a value upon their property far below its value :and on a scale much lower than that by which the property of their neighbors are valued. The man who pays taxes upon property unfairly valued at $500, while on property of the same value his neighbor pays on $1,000, is lowering his own tax rate one-half, depriving the State of its just revenue, and placing an unjust burden upon his honest neighbor who values his property correctly.
I most earnestly recommend that so .. e plan be .devised by which the State can arrive at something like a just valuation of the propert., of its citizens subject to taxation and protect the man who honestly returns his taxes against impositions from those who return their property at an improper valuation. It is well to bear in mind th'.lt any plan which you may adopt will, when put in practical operation, prove imperfect, but as these defects appear it will be the -duty ofyour successors to correct them and continue to perfect the law. Certain it is that no system which can be adopted

8
can be open to greater abuses or more flagrant injustices than the law under which our property is now returned for taxes. A proper plan for assessment of property for taxation will not only equalize values but place upon the tax books a vast amount of personal effects which now escapetaxation. In connection with this recommendation I desire to suggest that you authorize the Comptroller-General to prescribe and furnish to the tax-collectors and tax-receivers of this State such books as .in his judgment should be kept by them and to prescribe rules directing how these books shall be kept.. This will enable him to require thebusiness of the State conducted by each of these officers. to be conducted in a systematic aud business-like manner,. and will result in a large saving to the State.
TREASURER'S REPORT.
The report of the State Treasurer will give you am- pie information as to the conditions of our finances~ By reference to this report it will be seen that under the law enacted by your honorable body at its session in 1894 providing for the quarterly payment of teachers that the treasury will have a severe strain to bear. Thepayment, soon to be made, will require the treasurer to advance to the school fund about four hundred thousand dollars. I respectfully suggest that your finance committeemake close inquiry into the effect of this great draft upon the treasury, and that such legislation as may be needed for its relief, if any, be enacted.
STATE DEPOSITORIES.
Soon after coming into office I undertook, in conformity with the Act of 1878, to make an arrangement with thevarious depositories providing for the payment of interest upon the public funds entrusted to them. As a result of

this effort I consummated contracts with all of the banks but two, which two resigned rather than pay intere;;t, which contracts provided for the payment of interest at the rate of two per cent.. on daily balances from March 1, 1895, to March 1, 1896, to be paid semi-annually. I am inform~red by the State Treasurer that the amount of interest due the State for the first six month~, ending September 1, will approximate eight thf.,usand dollars. It must be borne in mind in this connection that the provision for quarterly payment of teachers, which is a wise and proper one, has largely reduced the State's deposits in its various depositories; and for that reason the income from this source can be nothing like so large as it would otherwise have been. It is gratifying, however, to know, notwithstanding this large decrease of deposit, that within the first six months I have been able to make for the State the sum of eight thousand dollars from this unexpected source. I respectfully suggest that the law providing for State depositories be so amended as to remove all doubt that may exist in the mind of any one as to the power of the Governor to appoint a successor when he is unable to agree with them upon the rate of interest to be paid upon the State deposits.

3 SALE OF

PER CENT. BONDS AT A PREMIUM.

U oder the provisions of the Act approved Decemher I 8, 1894, 499 five hundred dollar bonds on the Northeastern Railroad indorsed by the State were deposited with the treasurer to be exchanged at par for the new three and onehalf per cent. bonds to be issued under said Act. Fortu. nately, however, for the State these new three and one-half per cent. bonds were, when offered for sale, sold to the Columbus Savings Bank at a premium of 11-100 per cent. for each five hundred dollar bond. To have sold a bond bearing three and one-half per cent. interest at a premium during

such a financial stringency, is an event in our history ot whic~ all Georgians may well be proud, and speaks volumes for the high standing of our State in the com~nercial world. The sale of these bonds enabled me to discharge -our obligation on the Northeastern Railroad bonds which had one year to run and were bearing interest at 7 per eent. per annum. The saving to the State in the difference between 7 and 3 per cent. for the period that these 7 per ,cent. bonds were to run was the sum of $8,155.

PROCEEDS OF SALE OJ;' BO::0,DS.

]from the following statement of the State Treaimer you will see what disposition was made of the proceeds of these

bonds:

R. U. HARDEMAN, TR.,

3 IN ACCOUNT WITH PROCEEDS ARISING FROM SALE PER CENT, BONDS.

DR,

To amount received from sale 3 per cent. bonds ....... $ 28i,063 80

" "

" 8 bonds and premiums not issued

in my hands...................................... 3,000 66

To amount received from R. K. Reaves, Receiver North-

eastern Railroad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,800 00

$ ,2::J2,863 46

CR,

By amount paid holders of bonils and coupons ....... $ 281,3i4 50

" " " Proclamations for sale R. R. and bond



transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,346 29

Hy amount paid engraving, printin!!', and express charges

82i 40

Bonds in my hands not issued and premium.......... 3,000 66

Balance on hand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.315 55

$ 2il2,864 46

This balance is now on deposit with the Mt>rd1ants Bank of this city, a State dE>pository, to meet the
outstanding bonds of the Northeastern Railroad, all of said bonds having been paid by me, with the PXc
ception of elevPn (llJ five hundred ($500) dollar bonds and coupons which will make outstanding bonds and coupons ...............................$ And as above stated, I have on hand .................. .

6,0i7 50 5,315 55

Leaving a balance of.. . . . . ......................... $ i61 95

Which amount wf' can get from the receiver of the road, or by thl'

issuance of one of the bonds now in my hands, as vour Excellency

may determinine.



11
It is proper for me to call your attention to the condition of some of the past du':l coupons on the bonds of the Northeastern Railroad which I have not seen proper to advise the treasurer to pay, and suggest that you decide the course to be pursued in reference thereto. Coupons attached to these bonds, amounting to the sum of eleven hundred dollars, which were past due at the time the State was notified of the default of the road on payment of interest have not been paid.
These bonds indorsed by the State contained the provision that. whenever there should be a default on the part of the road and notice of such default given the State, that the Governor should seize the road and operate it so a~ to protect the State as surety on these bonds. .Had the, State been notified of the default of this road at the time these coupons matured .it could have at once seized the road and operated it from that period. Its failure to seize and operate it from that time, secure an income therefrom' and protect itself from further loss on maturing coupons was due to no fault of its own, but was the fault of the bolder of the bonds, declining to give the State notice of the default of the road. Under these conditions I have thought proper to refer the matter to you, that it might be disposed of as you thought just.
CONDI'rION OF NORTHEASTERN RAILROAD.
Since coming into office I have found it necessary to go to considerable expense in putting the Northeastern Railroad in good condition. Among other extraordinary expenditures incurred wa-s in the purchase of an engine, for which we paid four thousand dollars. We were paying fifteen hundred doilars per year as rental for an engine, and under the contra0t were required to keep the same in repair at our own expense. This policy I did not deem

12
wise to continue and therefore made the purchase as above stated.
SALE OF THE NORTHEASTERN RAILROAD,
As provided by law, and advised by Act of 1894, after advertising same according to law, that part of the Northeastern Railroad lying between Athens and its junction with the Southern Railroad was exposed to sale in the city of Athens on the 16th of April, 1895, and bought in by me, for the State of Georgia for the sum of one hundred thousand dollars, this being the only bid made. The deed to the property has been made to the State and properly recorded. I snbmit herewith a statement showing the running expenses and expenditures of the road from date of seizure by the State to date of sale, and from date of sale to ~eptember 1st:
Statement of Earnings and Expenses of the Northeastern Railroad of Georgia from November 20, 1893 to April 16, 1895, Inclusive.

I I I Earnings. Expenses. Net Earnln~-1 Deficit.

~ov., 1893.................... $ 2,354 11 $ 1,53553$ 81858!$ ........

Dec., 1893 .............. .. 7,883 74 5,259 40 2.624 34 ..........

Jan., 189-L ................ . 5,995 66 3,597 59 2,398 07 ........... .

Feb., 1894................ . 5,021 51 3,1132 84 1,088 67 .......... .

Mch., 181:14.................. .. 6,84-l 27 3,943 22 2,901 05 .......... .

April, 1894............... 3.977 58 3,i39 84

237 74 ...........

May, 1894................... . 3,374 81 3,193 95

180 86 ..........

June, 1894.................. 3,321 04 2,928 75

392 29 ......... ..

July, 1894.................. . 3,296 16 3,007 06

289 10 ............

Aug., 18!l4....... .

4,108 82 3, 728 02

380 80 ... .... . ...

Sept., 18!l4................. 3,894 12 3,223 73

670 39 .......... .

Oct., 1894................... . 7,074 33 4,392 39 2,t181 94

Nov., 1894.................. 8,455 25 4,169 62 4,285 63 ......... .

Dec., 1894.. ................ 6 108 70 4,084 fi8 2,024 12 ........... .

Jan., 1895.................. 4:567 18 3,410 66 1,156 62 ...........

Feb., 1895................. 4,091 98 3,342 09

749 89 ...........

Mcb., 1895 ................. 5,751 97 3,315 68 2,436 29

April,

1895....

.....

........

..

1

-2-,6-74-6-7

1

3,339 79
-----

.. ...... .... .....
-----1

665 12
---

$ 88,795 90 $ 64,144 74$ 25,316 28 $ 6n5 12

13
Statement of Earnings and Expenses of the Northeastern Railroa<l of Georgia from April 17, 1895, to September 30, 189:5, Inclusive.

I I I Earnings. Expemes. Net Earning~.\ Deficit.

April, 189,5................... $ 1,304 91 $ 1,549 51 $............... $ 244 60

May, 1895................. .. 3,269 74 3,281 38 ........... ...... 21 64

Jone, 1895................. .. 3,147 74 3,079 22

68 52 ........ ..

July, 1895................ . 3,420 PS l!,974 31 . 446 67 .......... ..

Aug.,

1805.................. .

3,866 93
----

- -3,-263-9-8 - - -60-2 9-5 ,...-...-....-..

$ 15,010 30$ 14,158 40$ 1,118 14$ 266 24

After purchase of the road I placed in charge Hon. R. K. Reaves, who has been operating the road since the purchase as agent of the State. There is no doubt that the road will earn a very large dividend on the purchase price paid therefor by me, and will yield a sufficient income to pay the interest on the entire series of bonds which the State issued to take up the old honds of the. Nor theastern Railroad indorsed by it.

FUT'C'RE DISPOSITION OF THE NORTHEASTERN RAILROAD.
I desire to call your attention to this property. and submit to your consideration the question of its future operation or disposition. If, in your judgment, it is wise to sell or lease this property, it will be necessary for you to enact the provisions under which you desire the sale or lease contract to be made.
BLUE RIDGE AND ATLAN'fIC RAILROAD,
This road reaches from Cornelia, on the Southern Railroad, to Tallulah Falls, and was originally a part of the Northeastern Railway property. Growing out of this fact is the claim of the State thereon to secure the payment of the bonds indorsed by the State on the Northeastern Railroad property. This claim, it is understood, will be contested

14
by those who at prernnt claim the Blue Ridge and Atlantic Railroad. The road is now in the hands of a receher appointed by the United States court. It has been reported to me that one-half of it has been abandoned, and is not now being operated. It has been, and is now, a mooted question as to whether or not an effort to enforce the claim of the State will result in expense or benefit to the State.. I respectfully suggest that a committee of the best b,usine:ss men in your body make an examination of this property, consider its connections and surroundings, and give directions whether or not. the State shall proceed to enforce its claim thereon.
THE WESTERN AND ATLANTIC COMMISSION.
In pursuance of an act passed by the General Assembly in 1894, providing for a method of sPttling controversies between the S&te and other parties over property connected with the Western and Atlantic Railroad, I appointed as Commissioners to pass upon and determine such questions as might be submitted to them under the terms of the act, Hon. John L. Hopkins, of Fulton county; Hon. T. R. Jones, of Whitfield, and Hon. H. W. Hill, of Meriwether. There was submitted to them for adjustment a controversy over some railway property lying between Whitehall and Forsyth streets, in the city of Atlanta. The value of this property was very great, and the case was a long and tedious one, and hotly contested on both sides. After hearing evidence and argument the court decided the issues involved in favor of the State. The evidence is .so voluminous that I have uot deemed it advisable to go to the expense of printing. The finding of the Commission I have ordered printed, and will in a short time be placed before you. I have agreed, as authorized by law, to pay each of these Commissioners the sum of six hundred

15

( 600) dollar,;, subject to your approval. I respectfully ask that your body make provision for the payment of this sum, and for other expenses incurred by the Commission to the amount of three hundred and fifty dollars and fifty cents.

PENSIONS,
I herewith submit to you a statemen~ showing the amount of pensions paid to Confederate soldiers for each of the, last three years. It will be seen, notwithstanding a number of deaths, that there has been an increase in this sum due to the fact that as they grow older their wounds and afflictions increase their disabilities and make it necessary for them to call upon the State for assistance:

MAIMED SOLDIERS, Number.
Year ending 26th October, 1893 ..... ...... ......... 3,222 Year euding 26th October, 1894..................... 3,235 Year ending 26th October, 1895......... ...... ...... 3,369

Amount.
$185,000 00 185,000 00 190,000 00

The following table will show the amounts received by widows for each of the three years, during which they have received sixty dollars per annum:

WIDOWS. Number.
Year ending 15th February, 1893.......... ......... 4,068 Year ending 15th February, 1894. ......... ........ 3,997 Year ending 15th February, 1895.......... ...... .. 3,929

Amount.
$244,080 00 239,820 00 235,740 00

The decrease in the amount paid as pensions to the widows of Confederate soldiers has been about five thousand dollars per year.

PENSIONS UNDER ACT OF 1894.
Under the Act of the General Assembly providing for the payment of pensions to indigent soldiers, the number of applicants approved to date are 1,768, and new applications continue to arrive. To pay the claims already approved would require $106,080. The appropriation made for the payment of this class of soldiers was only thirty thousand

16
-dollars. Following the precedent established heretotore in cases where the appropriations fell far short of the demands for pensions, it was deemed wise not to pay out this thirty thousand dollars, and for ~hat reason nothing has been paid under this Act. I submit to you these figures and leave to your wisdom to determine what shall be -<lone. It. is probable that it will take $125,000 to meet the requirements of this Act. I cannot forbear saying that the motives which prompted the passage of this Act were generous, noble, and worthy the great State of 'which you are the accredited representatives. There is no class -of our fellow citizens, no class of our pensioners, who are more deserving of the State's bounty than those who are .entitled to pensions under the provisions of this Act, and I most earnestly recommend that you make provision for the payment of this class of pensieners.
'TRANSFER OF PENSIONS TO OFFICE OF ADUJANT-GENERAL.
The work in the Pension Department has grown to such .an extent that it has become a great burden upon the limited clerical force in the Executive Department. It has been mentioned by my predecessors, and by one of them the re.Jommendation was made that the Executive Department be released of this burden. As the Constitution limits the clerical expenses there we cannot for the purpose of -doing this work increase the appropriations for the Executive office. I therefore recommend that you authorize the transfer of the entire work of the Pension Department to the office of the Adjutant-General, and that you provide :a clerk for that department. At the time the Constitution limited the amount of expenditures in the Executive Department the State granted no pensions. The number of pensioners under all existing laws will be near to ten thou.sand and will require an enormous amount of labor. 'ro

17
CQnsider carefully every application, guard against imposition, and to do justice to eveiy worthy petitioner is a delicate and arduous task which should not be done _hastily or carelessly.
PENITENTIARY.
The-report of the Prindpal Keeper of the Penitentiary will give you all nel!essary information in reference to that important and growing department. It is gratifying to know, however, that during the last twelve months the increase in the number of convicts has been smaller than the year previous, and, with few exceptions, smaller than any year since the Lease Act went into effect. The greatest trouble with the lessees during the year just past has grown out of what is known as 'trusties" in t.he convict service. From my knowledge of these camps and the way they are conducted, I am satisfied that it is wise to permit this to some extent under strict rules and limitations, but as to whether or not this practice of making trusties of some convicts is being abused is now a grave question. I have instructed the Principal Keeper and his assistant to make diligent inquiry into this custom, its use and abuse, and report to me with such recommendations as may in their judgment be wise.
The Principal Physician of the Penitentiary reports that, in his opinion, two of the camps now being operated in South Georgia may prove disastrous to the health of convicts which are required to labor therein. As both these are comparatively new camps, we have not as yet had sufficient opportunity to thoroughly dete~mine this question to my satisfaction. I will have these camps closely cared for and take prompt action if the conditions should at !).ny time demand it.

18
ENFORCEMENT OF LAW.
The enforcement of the criminal laws of this State has been carried on for the last twelve months with gratifying results. On severa,l occasions it has been found necessary to call out the militia. It affords me pleasure to say that in each instance the troops have borne themselves in a commendable and soldierly manner, and for their prompt and efficient services rendered on these occasions they are entitled to the thanks of the commonwealth.
LYNCHING.
Since the day of my inauguration there have been five persons lynched in this State. In each instance the party lynched was chargPd with the same offense. No one has been lynched during my administration except for the crime of rape. I have vainly endeavored, by an appeal to the civil authorities and by offering rewards for the lynchers, to bring to trial some of these violators of the law; but neither an appeal to the courts nor the offering of rewards have had the desired effect. The courts have been unable to secure proof, and without this they are powerless to enforce the law. Our people are peculiarly situated. No civilized people on earth other than Southern States are surrounded as we are. Our country in many sections is thinly settled, and fully one-third of our population is composed of those who up to a few years ago were slaves, a large percentage of whom lack moral training, and have not the proper respect for law or the rights of others.
In some portions of the State our women in the country are constantly ~posed to the brutal attack of the outlaw, who has respect for neither virtue nor law. It is for this reason that sometimes, when these outrages upon women do occur, people-who feel that the safety of our women depend upon prompt pun-

19
ishment, find their indignation uncontrollable and inflict penalties which should only be imposed by lawful authority after a trial by a court of justice. This is wrong. It sacrifices the good name of our State in the eyes of the civilized world, the good opinion of which should be desired by all. These mobs, by violating the law, create a spirit of lawlessness and indirectly increase the very crime which they seek to suppress. In several instances the parties lynched in this State have been taken from the hands of officers and most brutally, cruelly, and inhumanly treated. Such conduct cannot be too severely cond('.mned. In my opinion it will be wise for the General Assembly to enact a law providing that wherever a person is taken from the hands of officers and maltreated or murdered, that the Governor be authorized to remove from office the" man from whose custody he was taken, that the administrator or the family of the deceased shall have the right to recover from the county the full value of his life. The State has no right to permit its officers to take charge of a man, render him powerless to protect himself, and while in this helpless condition in the custody of the State to be taken by an armed mob and maltreated or murdered. In all such instances their legal representatives should have redress in the courts, with right to sue in any county adjoining the one where the offense was committecl, and the Governor should be empowered, in his discretion, to remove the officer.
Such provision would make more active our law-abiding citizens in suppressing lawlessness and encouraging all of our 'people to resort to the courts for the punishment of the crime, even where the offense charged is the most brutal, the most dastardly and the most heinous. In each of the in.stances mentioned the party lynched has been a negro. What excuse can be given for this conduct when our race has control of the Legislature and of the courts, furnishing both the judges and the jurors? No white man should

20
insist upon the infliction of punishment in a case where he is unwilling to entrust the trial to the most intelligent and upright of his own race. If a fair trial cannot be had before these iu a court of justice, how can one be justly and fairly had by a raving mob.

REFORMATION IN CRIMINAL LAWS.
I commend your action in promptly taking up at your previous session the matter of reformation of our criminal laws. If I am correctly informed a bill covering this subject has already passed the lower house.
I recommend that action be taken upon this measure at the earliest practicable moment in order that such changes in the crimi.nal laws as may be made may be embodied in the codification of our laws which is soon to be published.

DIRECT TAXES.

Herewith I furnish you statement of direct tax refunded by the Federal Government to the State of Georgia, to be disbursed to such of her citizens as were entitled to it under the provisions of the act of Congress :

Total amount received by State .......................... $83,031 03

Balance in Treasury October 18, 1895 . . . . . . . . . . . .

19,031 03

Amount paid out during my administration . . . . . . . . . . . . . 694 27

GEORGIA EXPERIMENT STATION.
The expenses of the meeting of the Board of Directors of the Georgia Experiment Station arB now paid by the State. As this institution receives from the Federal Government fifteen thousand dollars annually, and the State has already furnished the farm and erected its buildings, it is entirely proper that the expenses of the meetings of this Board be paid out of the funds at their

21
command. If the fund received from the Federal Government cannot be used for this purpose-and I see no reason why it shouid not-it should be paid from the products of the farm. The sum paid annuaiiy to this Board of Directors, covering their expenses, amounts to about eight hundred dollars-a sum worth saving to the State.
VIOLATION OF TREATY WITH SWEDEN AND NORWAY.
I transmit herewith letters with accompanying documents from the Secretary of State of the United States requesting that Georgia make indemnity for the violation at Brunswick of the treaty of the U ni.ted States with Sweden and Norway. I called upon the Honorable Secretary of State to furnish me with some precedent where States had been called upon and paid the indemnity in such cases. He has, however, failed to furnish me with this information. The relation of our people with foreign governments is regulated by international law and treaties entered into by the United States. For a violation of these laws and and obligations the United States is responsible to the foreign governments, and unless the Secretary can furnish some authority to justify the demand that the State of Georgia pay in this case, this amount, I cannot advise its payment. I, however, furnish you with the documents giving all the information at my command, knowing that after making thorough investigation that you will dispose of it as is just and wise. If, in your judgement, it is proper that the State of Georgia pay this, you are requested to make the needed appropriation.
EDUCATIONAL INSTITUTIONS.
The educational institutions of Georgia, though not perfect, show such progress as to furnish cause for just pride. The convention of the County School Commissioners held in

22

the hall of the Honse of Representatives but a few days since furnishes high evidence of the improvement of our schools and the progress being made by the various counties in securing efficient County School Commissioners It was au intelligent body of earnest men, who impressed all who looked upon them, not only Georgians but strangers, that our common schools are in the control of competent men. The progress in this respect was cheering and means much. The common school fund for this year is as follows :

SCHOOL FUND FOR THE YEAR 1895.

Sources,

Amount.

Liquor tax. . . . . . . . . . . . . . . . . . . . . ................... $ 102,000 00

Show tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500 00

Dividends, Georgia Railroad stock.................... 2,046 00

Hire of convicts...................... . . . . . . . . . . . . . . . 15,000 00

Fees oil inspectors.. .. .. .. ... .. .. .. . .. . . . . .. .. . .. .. 17,500 00

One-half rental W. & A. R.R.... . .. . . .. . . . . . . . .. . . . . 210,006 00

Direct appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600,000 00

Poll tax.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208,000 00

Aggregate................................... $1,156,0.52 00

Add to this $500,000, the total amonnt raised by local taxation in various counties and cities, and we have as the total amount raised by taxation in the State for educational purposes $1,656,052.00. This great interest merits your careful attention and substantial aid. While heartily favoring continued increase in the aid of the State to our common schools, I recommend that you take such steps as will encourage counties and localities to co-operate with the State in seeking to upbnild the common schools. There is no better work in which yon can engage as legislators. If we can secure the hearty co-operation of the citizens of this State and induce them by local taxation voluntarily impose upon themselves by the people of each locality to co-operate with the State and aid us in completing and perfecting our common school system until the State is

23
able of itself to run an eight months' school, you will accomplish a great work for the children of Georgia and for the State.
I commend to your consideration, as especially worthy of your encouragement, the North Georgia Agricultural College at Dahlonega, the State Normal School of Athens, the Georgia Normal and Industrial College at Milledgeville, the School of Technology at Atlanta, and the Unhersity of Georgia at Athens. In my opinion, the great need of most of these institutions is buildings. At the last session of the General Assembly I called your attention to the great need of additional boarding apartmen~s at the Georgia Normal and Industrial College.
While embarrassed hy the present condition of the treasury, I cannot forbear calling your attention again to this matter. Yon have made .the appropriation to employ the teachers, to secure all necessary appliances, and yet for the want of building a very large number of the class of girls whom we are most anxious to aid are unable to attend, because unable to pay the board required of them when boarding outside of the college building.
COLORED SCHOOL AT SAVANNAH.
I had the pleasure of attending the commencement exercises of this institution, and was highly pleased with the result of the work of the students as exhibited on this occasion. The members of the Board of Commissioners are to be commended for their zeal in behalf of the success of this institution, which means so much to the tiolored people of Georgia.
I respectfully recommend that this school be opened to both males and females, and that greater facilities be afforded for the training of teachers. We have assumed the obligation, and properly assumed it, to educate this class of

24
our fellow-citizens, and cannot overlook the great need of normal training among their teachers, nor underestimate the importance of having them under the guidance of frieudly influences. I earnestly recommend that a large part of the work of this State institution be devoted to the training of . teachers who may !!O out and take charge of the colored schools, and that the State make ample provision to enable this institution to afford the ample facilities to fulfill its mission.
CHARITABLE INSTITUTIONS.
I invite your attention to the reports and recommendations from the Lunatic Asylum, Deaf and Dumb Institute, and the Academy for the Blind, and respectfully ask that you give to each of these institutions all needed aid. It would be wise to add two members to the Board of Trustees to the Lunatic Asylum. The enormous expenditures of money necessary to sustain this charity, and the large number of inmates from every part of the State, make it important to have enough members on the Board to distribute between the various sections of the State, and there should be at least two so near the Asylum that they can at any time be couslted when emergencies arise upon which the superintendent and other officers do not deem it safe to act without advice from the Board of Trustees.
BONDS OF COUNTY OFFICERS.
It is the practice in many counties to receive as sureties on the bonds of the public officers security companies, whose main offices are in other States. I invite your attention to this practice, and to the great evils which may accrue therefrom. I recommend that each of such companies doing business in Georgia should be required to make a deposit with this State in a manner similar to that now exacted of insurance companies.

25
LIEUTENANT GOVERNOR.
Now that the great evil of frequent elections is fully realized, I call your attention to the fact that in case of the death of the Governor under existing laws, it would Le necessary to hold a special election in order to elect a successor. This would involve the people in enormous expense, annoyance and sacrifice of business. I recommend that the constitution be so amended as to provide for the election of a Lieutenant Governor at the same time that the Governor and State House officers are elected.
ELECTION LAWS.
I congratulate you upon the progress made in the improvement of our election laws, and advise that you continue in this work until every _imperfection is corrected. In additio11 to such legislation as may be passed by you regulating the holding of elections, it would, in my opinion, be wise if the Constitution should be so changed as to provide that contests for seats in the General Assembly be heard before the judges of the superior courts, with right of appeal to the supreme court. Those who have had experience with contests in the General Assemby will readily concede that a fairer and more just conclusion can be reached before the courts than can be ordinarily expected from the decision of partisan bodies.
SUPREME COURT.
The accumulation ofbusiness in the Supreme Court of o'nr State has for a number of years caused considerable public discussion, but as yet no solution has been reached. In my opinion, the action of the people in voting down the amendment to the Constitution, providing for two additional Judges to the Supreme Court was wise. That amendment would have burdened us with two salaried officers

26

and left the difficulty on our hands and the problem unsolved. The business of the court has increase<l, as you will see from the table attached, to such an extent that one court cannot properly do the work. It may decide the cases, but it cannot thoroughly investigate every case and give to each question the thought to which it is entitled.

STATISTICS OF BUSINESS IN THE SUPREME COURT.

Year.

I
On Dockets.

1890 1891

I

547 529

1892

66;'

I II I 1893

698

1894

723

DISPOSED OF

By Opinions.

Otherwise.

I

399

73%

445

84%

563

84%

597

86%

626

87%

148

27%

I 84

16%

104

16%

I 101

14%

97

13%

1895.-To this date, Oct()ber 18th, 796 cases have been docketed.

Of these, 308 have been disposed of.

.

If the business of the court is not diminished by placing

additional restrictions upon litigants to prevent their

reaching that court, relief to the Supreme Court must come

not from increasing the number of judges, but by the estab-

lishment of another court. If a separate court is established

~ach case can then be properly and thoroughly discussed,

the principles involved intelligently and wisely settled, and

-0ur courts command more completely the respect and con-

-fidence of our own people and the admiration of people of

-0ther States.

( A) "FORMER RECOMENDATIONS."
Without tiring you with repetition, I call your attention to the recomendations made you in my former message, ~rnd especially to those relating to the equalization of the work of judicial circuits, the necessity of more speedy action of our courts, the need of State supervision of mis-

27
<lemeanor convicts and the great need of the correction ot the evils growing out of, and incident to the fee system.

IN CONCLUSION.

The foregoing information and recommendations, together

with the reports from each department and institution, which

will be placed before you, are submitted to you for consid-

-eration. In our government responsibility for the conduct

of public affairs rests upon the party in power. ln this

.State the people have entrusted with the management of

the commonwealth the Democratic party, to which a ma-

jority of each House of the General Assembly owe their

-allegiance. I know I can confidently rely upon these rep-

resentatives to enter upon the discharge of their important

duties with courage and wisdom, and I sincerely hope that

in the discharge of the high trusts confided to them they

will have the hearty co-operation of the members of all

:Political parties.

,v. Y. ATKINSON, Governor.