Annual message of the Governor of Georgia [Allen D. Candler] to the General Assembly, October 22, 1902

ANNUAL MESSAGE
OF THE
GOVERNOR OF GEORGIA
TO THE
GENERAL ASSEMBLY
OCTOBER 22, J902
ATLANTA, GA.
Geo. W. Harrison, State Primer
1902

ANNUAL MESSAGE
OF THE
GOVERNOR OF GEORGIA
TO THE
GENERAL ASSEMBLY
OCTOBER 22, t902
ATLANTA, GA,
-Oeo, W. Harrison, State Printer 1902

MESSAGE.
To the Senate and Rouse of Representatives : In transmitting to you my last annual message I con-
gratulate you on the auspicious circumstances which surround you. During the year which is approaching its close prosperity in all branches of business has blessed thepeople of our State. Our farmers, upon whom those engaged in all other branches of business so largely depend',, have been fairly prosperous. Labor has been employed at fair wages, and we have had no conflicts such as have marred the prosperity and tranquillity of sister States between employers and employees. Money for all legitimate enterprises has been abundant. Business in all the avenues of trade has been good. Invested capital has yielded fair remuneration to its holders. No scourge or pestilence has visited our shores. Our common schools and our colleges have never been in better condition nor done better work. Our State debt, already small, is being steadily reduced. The volume of property returned for taxation is steadily increasing, and the rapid rise in the State rate of taxation which marked the years from 1883 to 1898 has been arrested, and the annual tax rate has been reduced. All of our State institutions are in good condition and are doing well and efficiently the work for which they were intended, and upon the whole Georgia occupies an enviable position in the sisterhood of States.
FINANCE AND TAXATION.
As will be seen from the reports of the ComptrollerGeneral and the Treasurer, herewith transmitted, the total

receipts at the Treasury for the fiscal year ending September 30th were $3,886,16:l, and the total disbursements for the same period $4,105,705. This excess of disbursements -over receipts is due to the fact that in order to pay as far as possible arrearages due teachers and to pay new pensioners admitted to the rolls, for whose payment no provision had been made, the General Assembly at its last session .authorized the use in payment of the interest on the bonded -debt of a part of the money accumulated in the Treasury .in the past from the sale of public property. The amount tthus applied was $325,880. But for this extraordinary ,disbursement the receipts would have exceeded the disbursements $219,532.
The receipts inclucie $150,000 it became necessary to borrow in June, in order to enable the Treasurer to pay the teachers in the common schools for two months of their work in the first half of the present year. Last year to be able to pay them for two months' work we had ,to borrow $200,000. This year to meet all other expenses, including a largely increased pension roll, and pay teachers for two months a loan of only $1.50,000 was necessary, but this year the rate of interest was higher. Last year, as was shown by his report, the Treasurer borrowed from Georgia banks at 2 per cent. per annum. This year when it became necessary to borrow I requested him to again endeavor to borrow from the home banks at a low rate of interest. He applied to them, but while they manifested a disposition to accommodate the State, it was, with two exceptions, at rates varying from 4 per ce[!t. to 5 per cent. They all assigned as a reason for the high rate of interest deman~ by them the absorption in the channels of trade of the large surpluses they had in their vaults a year before when they loaned to the State at 2 per cent., and the active demand of their customers for money growing out of the revival of business. After this unsuccess-

5
fol effort to place the loan in home banks at a rate of interest satisfactory to me, I placed it with the National Park Bank of New York at two and a half per cent., which was the lowest rate obtainable in that city. This is a very low rate, considering the demands on the New York banks during the year for funds have been so heavy that ca,11 loans have frequently been made to their regularcustomers on the best collateral at 16 per cent. to 20, percent., and sometimes even at a higher rate.
The aggregate taxable value of all the property in the8-tate including railroads is $467,417,180. This is an increase over last year of $10,755,749. The rate of taxation for the present year was fixed by the Governor and Comptroller-General at $5.30 on the thousand dollars. This ratewill yield a sufficient amount to meet all ordinary demands on the treasury for the next year.
It is gratifying to be able to report to the representatives of the people that the rapid advance in the State's rate of taxation which began in 1883, when the tax rate was $2.50 on the thousand anJ culminated in 1898 at $6.21, the highest rate ever paid by the people of Georgia, has been, as elsewhere stated, arrested and indeed reduced during the last four years to an average of $5.30 per thousand. This is a saving to the taxpayers of $1,600,000 in four years, sixteen hundred thousand dollars less than they would have paid had the rate remained $6.21. This reduction has been rendered possible notwithstanding largely increased appropriations for pensions and schools, and special appropriations for new buildings at the University, the School of Technology and the State Sanitarium, partly by the most rigid economy in other public expenditures, and partly by the increase in the property returned for taxation.
In this connection I am glad to be able to say that all
the appropriations made by the last Legislature have been

6
sufficient to meet the demands on them, and there will be no deficiencies for you to provide {~r at this session. Indeed, there will be in some of the appropriations for the present year small unused balances which will revert to the treasury.
STATE INSTITUTIONS. The attention of Senators and Representatives is invited to the reports of the various State institutions which have been laid on your desks. These reports will amply repay careful perusal. The State University is perhaps in a better condition, is doing better work and is more largely patronized than at any time in the past. The two new buildings provided for by your predecessors at their first session, Candler Hall and Denmark Hall, were both rapidly pushed to completion, and are two of the handsomest buildings on the campus, and afford ample accommodation for the largely increased number of students in attendance on the schools in Athens. The total number of students of college grade iu all of the schools of the University is, as the report of the President of the Board of Trustees shows, 2,018. The School of Technology, the Georgia Normal and Industrial, the State Normal at Athens, the North Georgia Agricultural, the Academy for the Blind, the School for the Deaf and the University for Colored People, all supported partly or wholly by the State, are in fine condition and are doing good work. The average number of patients in the State Sanitarium for the last year was 2,634, and the percentage of recoveries of those received during the year was 32.43. The total cost for maintenance of each patient during the year was $112.68 per annum, or not quite thirty-one cents per day. A very small amount considering the manner in which they are cared for. Two new buildings have been erected during the last two years at a cost of a hundred and fifty thousand dollars,

7
which will accommodate nearly fifteen hundred patients. :I'hese buildings were badly needed, because the institution has been overcrowded for several yeare1 past, and there were -confined in the jails in some of the counties quite a number of lunatics for whom no room could be found in the Sani1tarium.
For the present year the appropriation for the support of this institution was $2!)0,000. For the next year this ,amount will, for two reasons, be insufficient-the increased number of patients to be provided for and the general increase in the cost of everything necessary in the support of '1:he institution. While rigid economy should be and is practiced by the present excellent management of the institution, we should not be parsimonious in providing for the wants of this, our noblest charity.
SOLDIERS' HOME A~D PENSIONS.
The Soldiers' Home, which was destroyed by fire a 'little over a year ago, has been rebuilt with the money for -which it was insured, supplemented by voluntary contributions, in a more convenient and enduring form than '.before it was burned, and will accommodate 150 inmates.
It is again occupied by the veterans for whom it was built, and is filling a want that C'luld not have been otherwise filled. There are now sheltered and provided for under its roof sixty-four decrepit old veterans of the war between the States, all of whom would have been f >reed :by want and decrepitude into the county poorhouses but for this noble charity. During the last year twenty-one of the old heroes who had sought shelter within its walls have ,<lied. All are old and infirm, and in a few more years all will have crossed over the river to rest with the immortal .Jackson " under the shade of the trees."
The trustees of the institution, who work without compensation, have been indefatigable in their labors incident

8
to the rebuilding and refurnishing of the home and in, providing fop the wants of those under their charge, and to them, and especially to their President, Judge W. L. Calhoun, the 'State owes a debt of gratitude for their unselfish deyotion in their patriotic and philanthropic work.
The pension rolls still continue to grow, and unlessthere is some modification of the pension laws, it will bebut a year or two till to meet their demands a million of dollars will be required. This year the appropriation for all classes of pensioners amounted to $858,000.00; next year, according to the estimate of the Commissioner of Pensions, it will be about $880,000.00
That th.ere are many names on the rolls which ought not to be there cannot be doubted, and some reforms in thepension laws should be made in order to eliminate them. Pension laws are always abused and we cannot hope to make our system perlect, but we can approximate perfection by revising the laws so as to provide as nearly as possible for every worthy and needy ex-Confederate soldier, and at the same time exclude the impostors and thosewhose military services do not entitle them to the State's hounty.
To this end the Commissioner of Pensions makes some timely suggestions in his admirable annual report, to which I invite the careful attention of the General Assembly. The adoption of his suggestions and recommendations, which are the result of experience and careful study of the subject, would greatly improve our system and be conducive to fairness and economy in the administration of the pension laws.
MISDEMEANOR CONVICTS.
I could not feel that I had come up to the foll measure of my duty were I to go out of office without again calling the attention of the General Assembly to the present un-

9
satisfactory way of disposing of misdemeanor convicts.The law as originally enacted contemplated only the establishmm1t by counties of county chain-gangs, to be workedl, by the county for the county. But by an unwarranted, stretch of the 11\w other chain-gangs authorized by county authorities, and nominally under their control, but'worked,. not by the county nor for the benefit of thecounty,but by private individuals or companies for personal gain, have been established in quite a number of counties, sometimes two or three in the same county. Under the original act it was expressly provided that two or more counties might unite and organize a chain-gang to be employed on "public works," and under the act of 1878-9 it was provided that a "county, incorporated city, town or village, which bas organized, or has determined to organize, a chain-gang to work misdemeanor convicts on its roads, streets or other public works" might hire this class of convicts from the county authorities of another county having no chain-gang~. but always to be worked on roads, streets or some other public works; but there is no express provision of law anywhere authorizing the hiring of such convicts to private individuals, nor for working them anywhere except on public works. But because comparatively few counties organized chain-gangs to work on public works, it was often found difficult for the county authorities of counties having no chain-gang to dispose of their misdemeanor convicts. ~encethe expedient of organizing chain-gangs in the name of the county, but really to be worked by private individuals for their own and not for the benefit of the county, was resorted to. Had there been a sufficient number of county chain-gangs in fact as well as in name to employ all misdemeanor convicts, this evasion of the law would probably not have been resorted to. And it this class of chain-gangs were worked and governed according to law, there would be no great evil in the system; but in many cases they are,

10
'llot so worked and governed. To be operated according to law, all guards, overseers, whipping- bosses and physicians in charge of them should be appointed by the county authorities and paid out of the county treasury; whereas these officers and agents are almost if not quite &lways employed .and dischaged by the lei,see and paid by him. Re, more..: over, prescribes hours and character of labor, as well as -quantity and quality of food and clothing, and inflicts punishment at his own discretion. As a result it is .alleged that in some of these camps convicts have been overworked, poorly fed and inadequately clothed, and that the punishment inflicted on them has sometimes been cruel, and in one instance that bas come to my knowledge even brutal. Many com plaints of mistreatment of convicts reach the Executive office, and nearly all of them come from this class of chain-gangs, while but little, and I believe scarcely any, just complaint is heard from the State convicts who are under the direct control of the State Prison Commission, nor from the county gangs organized and worked by the counties for the counties under the immediate control of the county authorities. Nearly all the trouble is in these private unauthorized camps. The competition between them for misdemeanor convicts is sharp, and the prices paid for them are consequently so high that to make them profitable those who hire them spend as little as possible in feeding and clothing them, and at the same time exact from them all the labor possible. The evil practice, too, which has grown up in many of the counties of allowing court officers to divide out among themselves in payment of insolvent co~ts the money derived from the hire of this class of convicts is largely responsible for many abuses. Indeed it has been alleged that in some instances prosecuting officers and court officials .who profit by this practice of collecting the hire of this class of con-victs and dividing the money out among themselves in

11
payment of insolvent costs have a capital, understanding with some lessees of misdemeanor convicts, and that such -court officials are virtually recruiting officers for private -chain-gaugs. These complaints should be carefully looked into by the proper committees of the General Assembly, and if it is found that there is any truth in them, severe pen.alties should be provided to stop practices so reprehensible.
To remedy these evils three things are in rny opinion necessary:
First. The law should be amended so as to legalize private chain-gangs, expressly authorizing the hiring of misdemeanor convicts to private parties as well as to counties, towns and cities.
Second. All convicts, misdemeanor as well as felony convicts, except those worked by counties according to law, should be put under the immediate and direct control of the State Prison Commission, who should prescribe and enforce the same rules and regulations for the working and management of all.classes, and be allowed to employ and discharge all guards and physicians, whipping-bosses and overseers, and to employ a sufficient number of prudent, humane wardens to visit at least once a month, and oftener if necessary, every camp in the State, and see that the rules -of the Commission are properly observed and the cunvicts ,humanely treated.
Third. The fee system should be abolished and all money derived from the hire of misdemeanor convicts should be paid into the county treasury, and all county judges and all solicitors should be paid salaries out of the county treasury. None of them should be dependent upon fees. Thus the temptation to institute frivolous prosecutions and to impose .heavy fines and exact exorbitant costs in trivial cases would :be removed, and there would be no ground to charge that .any county court is run in the interest of the pro_prietors of llrivate chain-gangs.

12
In this connection I desire to call the special attention
of the General A~sembly to the admirable report of thePrison Commission, in which will be found much valuableinformation and many wise suggestions as to our prison system and the future disposition of convicts.
PAYMENT OF REW ARDS.
Always hitherto rewards for the apprehension of fugitives from justice have been paid out of the contingent fund, hut in recent years the drafts upon this fund for this purpose and for the payment of arbitrators in railroad tax cases have been so heavy that but little has been left for ordinary contingent expenses. The expenses incurred by the State in the apprehension of fugitives are a part of the cost of enforcing the criminal law and punishing crime, and are a legitimate charge on the fund arising from the hire of convicts.
I therefore advise the enactment of a statute authorizing the Governor to pay all rewards earned in the apprehension of fugitives from justice out of the hir:e of convicts and not out of the contingent fund.
UNION PASSENGER STATION.
I transmit herewith the report of the Joint Committee appointed under authority of an Act passed at the last session of the General Assembly to provide for the erection of a new union passenger station on the site of the present union station in the city of Atlanta, and I regret that this report reveals the fact that no pr0gress has been madetoward the accomplishment of this greatly needed work.
The law under which your committee acted appropriated money to build a station, but provided that no work should be done and no money expended m1til all the railroads entering the city had entered into a contract to become tenants in tlie new structure until the expiration of the pres-

13
.ent lease of the Western & Atlantic Railroad. It soon :appeared during the progress of the negotiations between the chief executive officers of the roads and the State's representatives that some of the roads did not desire to -enter into such a contract, but intended as soon as they -could secure titles to certain grounds for which their agents were quietly negotiating, to build a station of their own .and were merely temporizing with the State to gain time in which to perfect their plans. Still your committee persevered and tried in every way possible to remove the objections made to the State's proposition, but to no effect. When one objection was met another was raised,'.and nothing was left for them to do but report the facts to the General Assembly .
. This failure of some of the roads to agree to the propo:Sition of the State, which was substantially the proposition submitted by them to the State two years ago, is to he greatly regretted, since the removal of the.union station from the present site on the State's property:takes away from the State road much, perhaps one half, of its value.
To avert so great a loss two suggestions have been made, one to so amend the act of the last legislature as to .authorize the committee to build without any contract with the roads as to the occupancy of the new structure, thP, other that the State extend her road now apparently at ,the mercy of other roads, to Savannah or Brunswick. Which of these alternatives, if either, the State should adopt, is a question for the representatives of the people to .answer. To suffer her road to remain bottled up will -destroy its value and greatly cripple the schools of the State, which are so largely SI.J.pported out of the rental of .the road.

14
INEBRIATE ASYLUM AND REFORM SCHOOL.
Georgia has been a foremost State in providing for herunfortunate citizens. Her institution for the care of the insane is un1:1urpassed by any other institution of its character in the country, and it is amply supported out of the State treasury at an annual cost of more than twice the cost of the entire civil establishment. Ample provision has also been made for the education of the deaf and the blind, but for two classes of our unfortunates, the inebriate and the juvenile offender, no sufficient provision has been made. By the establishment of an inebriate asylum the State Sanitarium would be relieved of a large number of unfortunates who are now crowded into it, for whose treatment the institution is not pr~pared and was never intended. It is cruel and wrong to confine these patients with lunatics when by the establishment, on a moderate scale at first, of an institution in which they could receive proper treatment, most. of them could be restored to happiness and usefulness.
The want of a reform school for juvenile offenders, in which they can be not only educated but reformed, is equally urgent. To manacle with chains, or confine withiu prison walls, in hourly contact with the basest criminals, the boy of twelve or fourteen years, the child perhaps of a widowed mother, or an invalid father, unable physically to look properly after him and exercise that parental control. necessary with all children, is a crime against humanity, and to suffer it longer will be a reproach to the State. In
the reform school such a child could, and 10 most cases
would, be reformed and educated for useful citizenship, but. if confined in the chain-gang or even at the State farm along with felons, he most frequently comes out not reformed, but hardened in criminality.
I earnestly recommend the establishment at once, on a moderate scale, o( these two institutions, to be supported

15
partly or wholiy by the State and governed as the StateSanitarium is now governed, by a Board of Trustees appointed by the Governor. Provision should be made for the reception of pay as well as pauper applicants. In this. way the expense of supporting these institutions would be largely met by the families and friends of pay inmates,. and the remainder by the saving in expenses of the. State Sanitarium and the State farm, from which the patients in. the inebriate asylum and the pupils in the reform school will be largely drawn.
CONSTITUTIONAL CONVENTIO~.
It has been a quarter of a century since the present Constitution of Georgia was adopted. Under the provisions of the reconstruction acts of the Federal Congress a convention to frame a new Constitution was held and a Constitution was adopted which, while excellent in many of of its features, was not the work of the people of the State, and was not adapted to the conditions that prevailed in Georgia at that time, nor to the needs of a people fourfifths of whose material wealth had just been destroyed by the results of the war of secession. Under its provisions an. era of speculation and reckless enterprise and extravagance was inaugurated. The credit of the State was loaned to railroad projects in which there was no merit, and consequently great losses resulted to the State and great damage to her credit. A rr.ammoth homestead exemption from levy and sale for debt v as provided for, ostensibly in. the interest of the, masses of the people im_poverished. by the results of the war. Its effect was, however, to totally destroy the credit of nine-tenths of tr em. The ballot waspnt into the hands of every male rerson twenty-one years old and upward without regard to his virtue or his intelligence. Elections became corrupt, the balance of power being, in alm_ost every county, in the hands o.fthe ignora-qt.

16
and venal. Suffering from }hese evils, the people of the State demanded another convention to revise the organic law, and in 1877 it was heid.
Action and reaction are always equal and in opposite directions. The convention of 1877 went as far in the direction of economy and even parsimony as that of 1868 cad in extravagance and wastefulness. Under 1the latter ,the flood-gates were opened, under the former enterprise. has been hampered and energy paralyzed. While under its provisions we have grown recklessly extravagant in some things, we h:Jve practiced niggardly economy in others. Frequent amendments of the organic law through the General Assembly have been adopted from time to time, till it is now a piece of patchwork, and it cannot be said to have been as a whole improved. It is often ambiguous and always ill adapted to the conditions which now prevail. Hence, there is among thinking men a wide-spread .feeling in favor of another convention of the people to revise the Constitution and amend it so as to improve it and :adapt it to the conditions which now surround us.
All the neighboring States have in the recent past found ,it necessary to call conventions for this purpose, and all have greatly improved their Constitutions. In Georgia ,there are three crying evils demanding a remedy, either one of which is of sufficient importance, if the convention should do nothing else, to warrant the people in assembling in convention.
First. The restriction of the elective franchise and the elimination of the venal and corrupt vote.
Secondly. A constitutional provision giving the Legislature more ample power in dealing with trusts and corpor.ate monopoly.
So great has grown the tendency to the formation of trusts to control all the necessaries of life and so great the ,power of corporate monopoly, that it will require the com-

17
bined effort of both the State and the Federal Government to restrain and hold them in check. Already almost every .article in common daily use and of prime necessity in everyday life is controlled by trusts, and the wholesale combinations made in trade and transportation are rapidly -closing to the young men of the country every avenue to .successful business enterprise. To curb these gigantic combinations and protect the people against the insatiate demands of corporate greed more ample power must be given the Legislature. The safety of the people must be made the supreme law, and this maxim must be embedded and vitalized in the constitution. For years Congress has been discussing the matter hut has found no adequate re~edy, .and the Legislature, hampered by a constitution framed to meet other conditions has been equally unsuccessful. Now, we owe it to the people to give them a chance to act. They are sovereign and can find and apply a remedy.
Third. A better and a safer method of selecting judicial -officers.
Georgia has in her past history employed at different times four different ways of naming these officers, but it can be safely said that the present mode is the most objectionable of all. It will not do, and this is being demonstrated every day, to have the officers who are to sit in judgment on the rights and liberties of the people chosen in the arena of partisan and sometimes corrupt politics. We have as yet had no corrupt judges, but under the prestmt system it is only a question of time when we will.
There are many other respects in which the present constitution could be greatly improved.
Nearly all are agreed that the foregoing propositions are true, and the only objections I have heard urged against _the assembling of a convention are the cost and a fear that the corporations would get control of the convention and .secure the adoption of a constitution more favorable to

18
them than to the people; in other words, a constitution which would enable the corporations and not the people of the State to control legislation and dictate the policy of the State. I entertain no such fears. That an effort in this direction might be made is possible, but that the people of Georgia can be driven by the agents of the corporations or bought with their money I am not ready to concede. I have heard no complaint that this has been done or attempted in neighboring States which have called conventions to revise their constitutions, and I have no fear that it would be done in Georgia. The people of this State can neither be bullied nor bought.
I .therefore advise that provision be made at this session for a convention of the people to assemble during the next year for the purpose of revising the organic law.
TAXATION OF RAILROADS.
Much complaint has been heard in the recent past that the railroads in the State are not bearing their proportionate share of the bnrthen of taxation. In some cases this complaint has been just; in others unjust.
Corporate property as individual property should be taxed according to its actual value. This is the spirit and the intention of the law and the problem to be solved is how to arrive at its" fair market value." Under the present law, the Act of 187--1 as amended by the Act of 13 ~ 9, the presidents of the railroad companies operating in this State are required to make a return under oath to the Comptroller-General of "each class or species of property to be separately named and valued.'' Thus each company returns and values its road-bed, its locomotives, its passenger cars, its freight cars and even its trei,,tles and bridges separately, and herein the great inequality so justly complained of arises. The presidents of some roads put a fair aggregate valuation on all of the property of the road

19
considered as a unit, and apportion this total valuation among the several items, road-bed, locomotives, cars, etc., as best they can in an effort to comply with the letter of the law; while others insist on putting on each item returned in the schedule such price as it would probably bring if sold independently of all the othP.rs. An engine, however new or good, is returned at a low price for a second-hand engine, the rails are valued at the price of "old rails" or scrap iron, etc. This is manifestly, unjust to all tbe taxpayers in the State, including those railroad companies which return their property at a fair valuation. It is an evasion oi the spirit of the law and the evil calls loudly for a remedy. The great inequality thus arising is rendered possible only by our system of taxing these corporations. There should be no separation of the items entering into the building and operation of a railroad. It should be treated as a unit. It is as absurd to value separately for purposes of taxation the rails, the engines, the cars and the bridges of a railroad as it would be in returning a mill for taxation to put a separate valuation on the driving-wheel, the line of shafting and the dam. The whole road and its equipment should be taken together and valued as one whole, for without either one of the constituent elements the others become practically useless. It takes rails, cross-ties, engines and cars to make a railroad. These things, together with the franchise, the privilege granted it by the State to exist. and do business in the State, are the essential elements entering into it and constituting its true value. The true measure of the value of any piece of property is its earning c11pacity. This general proposition is modified to some extent in railroad property by the physical condition of the road and rolling-stock. If the road-bed and equipment of two railroads are equally new and good and their net earnings per mile are the same, they should be valued for taxation at the same price; but

20
if their earnings per mile are the same while the rails and rolling-stock and cross-ties of the one are new and in good order and but little worn, while those of the other are old and well worn, this should be taken into the account in assessing them for taxation. That company whose road and equipment are in good order with ten years of future service in them should be assessed higher than another road earning the same income per mile but having but five years of service remaining.
But it is sometimes urged that we ought not to tax franchises. ,Vhy not? In some species of corporate property the franchise is the most valuable part of it. Such corporations as telflgraph and telephone companies, if we leave out the franchise, and tax only their tangib1e property, which is at best of small value, will, while paying enormous dividends, e1;cape the burthen of taxation borne by houses and lands and merchandise and every other species of visible property. Our law, enacted more than a half century ago, says "all property or o.ther thing of value must be given in at its fair market value, and must be taxed according to its value." The franchise of a railroad is a ''thing of value" and is subject to be taxed, and ought in justice to all the taxpayers to be taxed.
Adopting as the rule for estimating the value of a railroad for taxation the theory that the true measure of its value is its earning power, modified as above suggested, the question arises as to how best to arrive at its true value. Nobody is so well fitted to judge of the value of a railroad as the men who deal in the stocks and bonds of railroads. Perhaps every railroad in the State has, in addition to its stock, a bonded debt. Its true value is indicated by the price at which its stock and bonds sell in the markets. If a railroad company has put on the market a million of dollars of its bonds and a half million of its stock, and if these bonds and its stock sell in open market

21

at par, the real value of the road is a million and a half

dollars, because it pays a fair interest on that amount and

therefore ought to be ta_xed on that valuation. If on the

other hand, its bonds, which take precedence of its stock,

being secured by a mortgage on all the property of the

road, bring par in the open markets and its stock only fifty

cents in the dollar, the road is worth, not a million and a

half but only a million and a quarter, and it ought to be

taxed on that valuation, because it pays a fair interest

only on that amount. Again, if the million of dollars of

the bonds of the same road command in the markets par

and the five hundred thousand dollars of stock a premium

of a hundred per cent., two dollars for one, then the true

value of the road is a million of dollars, the true value of

its bonds, plus another million of dollars, the true value of

its five hundred thousand dollars of stock, or two million

of dollars, and it ought to pay tax on that amount because

it earns a fair interest on that amount.

Substantially this plan of taxing railroads prevails in a

number of States, notably the two great States of Pennsyl-

vania and Illinois, and it has among its other obvious ad-

vantages the advantage that it has been passed upon and

sustained by the highest judicial tribunal in the country.

In passing upon a case which went up from Illinois, Jus-

tjce Miller said: "It may be assumed for all practical pur-

poses, and it is perhaps absolutely true, that every railroad

company has a bonded indebtedness secured by one or

more mortgages. The parties who deal in such bonds are

generally keen and far-sighted men, and most careful in

their investments. Hence the value which these securities

hold in the market is one of the truest criteria, as far as it

goes, of the value of the road.

It is therefore

obvious that when you have ascertained the current cash

value of the whole funded debt, and the current cash valu'e

of the entire number of shares, you have by the action of

22
those who, above all others, can best estimate it, ascertained the true value of the road."
This mode of ascertaining for purposes of taxation the true value of railroad property is so fair, so equitable and so just that I do not see how any fair-minded man can object to it, and it would certainly be a vast improvement on our present system, which experience has proved to be so objectionable.
But it may be said that there are roads whose stocks and bonds have no market value because the roads earn nothing but operating expenses, and sometimes not even that, and that the plan of taxation suggested above cannot for this reason be applied to them in fixing their value for taxation. This is true, but let it be remembered that the object in view is to ascertain the true market value of the road, and if the mode of doing this, which can be applied to almost all the roads, cannot be made to apply to a weak road here and there, whose stock and bonds have no market value, this does not argue that the road has no value and therefore ought to pay no tax. In all such cases the road is worth what the ~aterials in it would bring if they were taken up and sold as second-hand materials, and this should be taken as the true value of the road in assessing it for taxation.
I therefore recommend that a law be enacted making the aggregate market value of all the stock and bonds of a railroad partly or wholly in this State the basis of taxation of such railroad when its stocks or bonds, or both, have a market value, and that when they have no market value the price at which the materials in the road and equipment would probably sell if taken up and offered at auction be taken as its true value, and that the proper officer of such companies be required to return their property for taxation upon this basis. The Comptroller-General should have the same right he now has to raise the valuation put upon

23
the road in the return, if in his judgment it is too low, and if the authorities of the road are uot satisfied with the valuation of the Comptroller-Geueral, they should be given the right of appeal to the State Railroad Commission, whose decision should be final. This would be b~tter, more expeditious and cheaper than the present mode of arbitration. If any constitutional barrier is in the way of the enactment of such an arbitration law, the constitution should be amended to remove it.
TAXATION OF COLLEGES.
In justice to some of our institutions for higher education, I desire again to call the attention of Senators and Representatives to a departure from a long-established policy of the State with respect to her colleges, and I cannot perhaps do so more forcibly than to repeat what was said to your immediate predecessors who passed in the Senate a bill which was, for want of time, never reached in the House of Representatives, to carry the recommendation int0 effect.
By an act approved OU the 21st day of February, 1850, the colleges of the State were exclmpted from taxation. This statute was never fvrmally repealed, but an unsuspected paragraph of the Constitution of 1877, which was , perhaps not carefully scrutinized before its adoption, has been construed to repeal it. There was no demand from the people for its repeal, and there is good rea~on for believing that a majority of the people did not and do not desire the property of the colleges of the State taxed. The taxation of these institutions of learning cripples them, but it does not appreciably increase the income of the State nor sensibly lighten the taxes of the individual citizen. The incorporated colleges, the title to whose property is vested in a board of trustees, are not conducted for purposes of private

24
or corporate gain, but they render a public service of great benefit to the commonwealth. Their value to all the people of the State in the promotion of learning, in the contribution made by them to the teaching force of the common schools, and in the general uplifting of the material and intellectual prosperity of the State, entitle them to the consideration accorded them by the Act of 1850. Their taxation acts as an embargo upon enlightenment, and as a discouragement to that generosity toward colleges and universities which is all too uncommon in the South. The hardship which results from such taxation falls especially upon colleges for our white people. The colleges for the colored are maintained for the most part from sources of income located in organizations and endowments beyond the limits of the State, and thus they escape much of the taxation which falls on the colleges for the whites.
In view of all these and other considerations which might be mentioned, it would seem that it behooves us to return to the enlightened policy of the State adopted before the war between the States, and from which we, without the knowledge of the people, unwittingly departed in 1877. At any rate no harm can be done by submitting to the people an amendment of the constitution perruitting the legislature to exempt from taxation the property of colleges the title to which is vested in a board of trustees solely for educational purposes, and not for individual gain. The people may be safely allowed to.say at the ballot box if they can afford to trust the General Assembly with such power.
Believing that the welfare of the State would be promoted by such exemption, I recommend that an amendment of the constitution authorizing it be submitted to the people for their ratification or rejection at the next general election.

25-

PRESERVATION OF THE ARCHIVES.

J beg again to call the attention of the General Assembly

to the importance of making some immediate provision for

the preservation of Georgia's Colonial, Revolutionary and

Confederate Records. Maqy of these records have been

already lost or destroyed, and many more are going rapidly

to decay and will soon be lost unless provision is made at .

once for their preservation. Even the copies of the muster-

rolls of the Georgia troops in the war between the States,

obtained some years ago from Washington, are wearing out

from frequent handling, and there are in the war office

rolls of many Georgia organizations of which we have

never had copies. Our colonial and revolutionary records

have fared even worse. Many, perhaps most of them, have

been lost, and in a few years more but few of them will be

left if provision for their preservation in an enduring form

is not made at once.



Georgia has an honorable history. The escutcheon of no

State is brighter. Her history and the history of the

achievements of her illustrious sons of the past should be

preserved for the information of the future and as an in-

spiration to those who are to come after us. All of the

older States have had compiled or made preparation for the

compiling and printing of their archives. Georgia, never

a laggard in other things, should not be a laggard in this

patriotic work. Two organizations of patriotic women, the

Daughters of the Revolution and the Daughters of the

Confederacy, have already done much in the way of com-

piling and preserving these records, but they cannot do all.

The State must help. Will the sons and brothers and hus-

bands of these noble daughters of Georgia refuse the pit-

tance necessary to complete the work they have begun and

prosecuted with such unselfish devotion? I do not be-

lieve it.

26
I therefore earnestly recommend that the Governor be authorized to appoint some fit and proper person, at a salary not to exceed two thousand dollars a year, for not exceeding three years, to take charge of the work and cooperate with these ladies in compiling and publishing the Colonial, Revolutionary and Confedera~e records of the State. He should be allowed a reasonable amount for copyists and typewriters, and the printing and binding shonld be done by the State Printer at the same price and in the same manner as other public printing.
LOUISIANA PURCHASE EXPOSITION.
The General Assembly at its last session provided for the appointment of a commission "to take proper steps to see <hat the State of Georgia is properly represented" at the Louisiana Purchase Exposition, and authorized the said commission "to devise any legal means to see that the agricultural products and other resources of Georgia are represented at said Exposition.''
It will be impossible for the commission to make a decent exhibit at this exposition, and one that would do justice to our boundless resources, without the financial aid of the State. An effort was made to have exhibits at both Bnffalo and Charleston, and f<Jr this purpose the paltry sum of a thousand dollars was appropriated. This money was worse than wasted. The exhibits that it was possible to make with so small a sum were of no value to the State, but did actual harm. Persons seeing these Georgia exhibits" were impresAed with the apparent paucity of the State's resources, when not one-twentieth part of them were repreeented.
It we are to make any sort of a display of our resources at the great exposition at St. Loui~, we should make one that will be a credit to the State, otherwise we should make none. 'To make such a display as should be made money should be apprupriated to enable the commission to

27
do it. In the past it has sometimes been urged that an appropriation for such a purpose would be unconstitutional and this has been the excuse for the scanty appropriations for the Buffalo and Charleston expositions. But it was a lame excuse. If an appropriation of one thousand dollars could be made without violating the constitution, ten thousand could have been appropriated. The truth is there is no constitutional inhibition. The constitution declares that "the General Assembly shall not, by vote, resolution or order, grant any donation or gratuity in favor of any person, corporation or association." This is all. An appropriation from the State treasury to exhibit and advertise the resources of the State at a great exposition is not a donation or gratuity, and if it were, it is not made to "any person, corporation or association." It is simply the use by the State of the money of the State for the benefit of the State. Georgia should exhibit her resources at this great exposition, and in order to enable her commission to make a creditable exhibit the General Assembly should appropriate an adequate amount for this purpose.
CONCLUSION.
In taking final leave of the General Assembly I trust I will be pardoned if I impress upon its members the gravity of the responsibilities the people have imposed upon them. The welfare of about two and a quarter millions of people and the honor of a glorious old State are for the time being <iommitted to your keeping. This is a grave responsibility. Let all of your official actions conform to the legend inscribed on the hitherto untarnished escutcheon of our State: Wisdom, Justice, Moderation. Let Wisdom mark all of your deliberations; let Justice to every class for whom you must legislate characterize your every act; and let Moderation guide you in every step of your legislative career.

28
Thus you will honor yourselves and bring blessings upon the people who have honored you, and show to the world that Georgia has placed herself in the van of progressive but conservative States, and that her people have taken their position in humanity's grand march toward the ideals of an ever-advancing Christian civilization.
ALLEN D. CANDLER.

APPENDIX.
EXECUTIVE CLEMENCY.
PARDONS GRANT'.ED.
M. C. Turner 'and Geo. Shipman........:C<mNicted at the Felbru-
ary term, 1901, of the superi{)ll' court of Gorldon coi\l.'Illty, of selling whiskey il:legally, alild senteruced to $100 and oosbs, and ttJhree mo1nt:hs in jail, and fif>ty c1o.Uars and cost anid thrree
monit.1hs iTII jail, re-speictively. Pa~d their fines anld serve,d one moIJ!th in jail. Pa11dol] re'Comrrnended by ,the judge, solicitor, jury and many dtize[lJS. Granted August 5, 1901.
W. I. F}anigan-Convioted ,at the J am11n11ry tenn, 1901, ocf the sU!perior court of DeKa~b counJty, of the offen,se df illicit digtilling of w;hi,slkey, and senteITced to ,twelve monJths on tih.e chairi;-ga'n!g. Ha;d been previously convicited and Sffilite111:ce:d Ibo f.cmr months imprisontrmmit in the Una.ted States Court, which tel"lll he served. Ha1s mJIW serived six morruths of h!is se:nlteru;e in the Strute c01urlbs. Judge who sen,tenced him urged (his pardoo, anid mruny good ci:tizens of Jacksorn omm,ty request clemency in his behalf. Pardlon: gran.fod AuguSlt 5, 1901.
Gus Hawshaiw-OoDNicted at the Feibrumry temn, 1901, of
the superior court of Hall coUIJJty, of carnying conooaled weapOIIl-i 1and laroony, mJld se1nltenced 1Jo twelve mmlltJhs in each
<!aSle. Ba!dly crippled and diooa:sed, and unable to work. Par-
don gra:nrt:eld August 15, 1901.
Frank Diamonld-Convicted a!t the October term, 1900, of the superior court of Whitfield coiunlty, of the crime of laree'IlJJ, a:nld 'sentenced to twelve monlths on !bhe chain-gang. SeI"Ved out all of his ~rm exc:eipit ruboutt rbhirty days, and the camp physician certifies that he is in the last stages of 0001sumption. Granted Augu'st 14, 1901.

30
John Norris-Convicted at the March term, 1893, of the superior court of Hartt county, of burglary in five cases, and oon/tenced ,to 'twen,ty-nine yeara in the penitentiary. Crime committed when he was only seventeen years of age, and BJoted Ulllde:r the influence of older persons. Has served over e,ight years, a:n'd his pa,rdorn reco'Illmend:ed by the j-wdge, soliciitor, jury, cou:lllty officers, the prosecutors and many citizens. Grnnted August 15, 1901.
Ernest C. Davi'd-Convicteid 'at ,the January terrm, 1901, of the superior cour't of Furton county, of the offense of burglary. Serutentced to twelve months on the chain-gang. Only eighlteen years of age. Served about seven mon1ths of his sentence, ,and subjec't t,o epileptic fits. Convicted on circumstantial evidence. Pardun granted August 15, 1901.
:M. E. Alien-Convicted at the February term, 1901, of the J:>erior court of 'Terrell county, of murdeT, and: sentenced to senltenicoo 'to eighlt monlths on the chain-gang. Served more tha:n six moTut!hs of hi,s sen,tence and dmeiloped rheumatism anld kidney disease. Pardon re1commended hy the trial judge, soli,citor arud jury. Granted Septeimiber 6, 1901.
C. S. Allen-Convicted at ,the May term, 1895, of ,t:lhe superior court of 'T1errell counity of murder, and sentenced :to life impris'Onrmenlt. lit 'appears from the evidence that a verdict for volunlt,ary maoolaughter would have been proper. Ha:s ,se,rved about six yearis, an1d ms par'd!o:n: is recommended by the judge and solicitor that tried him, the jury that convicted hiin, an'd. many county officers and citizens. Pardon granted September 28, 1901.
Hatltie Hargrave-Convidted at the F~bruary term, 1901, of ifue superi01r court of Ta1 liaferro CO'llnty, of aissiault and battery in two cases, ,and: sente:nood to fine of $100 or six months in ea,ch caise. It appears from the evidence :tha,t she was not the a:ggre'S'sor in the first case. She has served over seven morntihs and is in ba'd heal1th. Pardon granted Octobeir 3, 1901.
Robert L. Sur:tee&--.JConvicted a1t the spring .tenn, 1898, of
the superior court of Dodge county, of forgery, and senitenced to four years in rthe penitentiary. Has served all his se1Utl:en1ee exoop:t i:Jwo d<ayis wi.'th g01od behavior. Pardon granted October 10, 1901.

31
John Field-Coruvicted at the sprinig term, 1893, of the superior court of Hant county, of rbhe crime of hurg1ary in five cruses, and seniJenCd to trwenty-four ye<ars in the penitentiary. Was only sixteen years of age 1when the crimes were commrnted, and aoted uJJlder the influence of older persons. Has serveld more than eight 3~avs of his semence. Pardon recommeD1ded by the trial judge, solicitor and jurors. Gra-DJted October 10, 1901.
Bl:runche Freeman-0onvicteld a!t the May <term, 1901, of the superior couirrt of Muscogee county, of fornication, and sellltenceid .to six months in jail. Served five monlths of her senltence~ and pardoned for the reasl()ln; that she was in an advanced state of pregnancy. Pa'ldon granted October 26, 1901.
Bazeen Carver-Convicted a,t the October t~rm, 1897, of the superior court of Cofl'eie coun!ty, of v,olunJtacy manslaughiter, and sentenced ,to ten years. S.en!te:nce previously commuted to five years, mosit of which he has served. Considera!hle doub't a,s to his guilt. Pardon gra-nted Noverrnber 2, ,1901.
Jake :i\farshall-0onvicted a!t the May t!Jerrn, 1901, of the city reco:rder's court of Augusta, of ca.rrying pistol conce1aled, and se:nteD1ced to fine of $300, or ,three monlths on the public works. He a1so p1 lead guilty in the city court of Richmond coul)lty to Vhe same 'offe1nse, and sentenced to pay fine of $50, or six morrths on 'the p1J1blic works. He serv,ed out the recorder's sentence and a portion of the seruternce in the city court: The judge of the city court recommends his pardo1n. Pardon granted November 5, 1901.
James Rdbinson-Convicteid at the June term, 1899, of the superior coul't of Burke county, of vorun\tacy maTIJSlaughter, and sen:tence,d to fifteen years in the peiniten1tiary. Tthe killing took p[,ace in 1a difficulty, in 1which t!he deoease1d was the aggressor. His pal.'don is recomrnen:ded by the judge a:nd Slolicitor that trie:d him, and the jury :that ooruvi0ted him, and tany citizEID5 of Burke coun!ty. Grant~d N QIVe:mbe:r 8, 1901.
W. J. Gunn-Convicted at the fall term. of the superior court of Colquitt counity, of forgery, anJd &mtenic~d to two years. He ,was a,c]idicte!d to the use df opium, which probably

32

weakened :his mind and character. 'Dhe forgery was of a trivial mture, as he only obtained a cheap pair df shoes. His pardon recommen1ded by ,the judge antl solici1tor-general and county officers. Granlted November 9, 1901.

Albert Walker----'Comicted at the Ma1rch term, 1901, of t:he

superior court of Bibb county, of burg1'ary, and s-entel!lcerl to

twelve months on the chain-gang. The crime was insignifi-

cant, as he only obtained two d!'ess skirts belonging to his

mother, and who, in anger, prosecu'ted him. Pard1on granted

N ovcmber 12, 1901.



A. A. Gay-Convicted at the April t'erm, 1900, of the superior court of Emanuel county, of ,noluntary manrs1'aughter, and sentenood to four years in the peniitecrtt.i'ary. 'Dhere was grave d1mbts U'S to :his guilt, on acconnlt of which tihe judge and solicitor that tried him, the jury that convic1ted him, the grand jury tha,t indicted him, a'!ld many citizens, including ,the pro!'.'cutor, recommend his pardon. Gran:ted November10, 1901.

C. H. Franklin-Convicted ,a;t the Ootober term, 1881, of
the superior court of Bibb cournty, of murder, and sentenced
to life imprisonment. There were no eye-witnesses to tihe killing: the evidence entirely circumstantial, and he has al-
ways prdtested his innocence. Has served :twenty yea!l'S wt ha11d lahor, which is equivaleTut to a sentence of thiDty yea;re, counting good behavior. Ts ruow mner fifty years of age antl has lost one of his hands while performing his duties as a convict. Pardon granted November 19, 1901.

William Loyd-Convicted at the fall term, 1898, of the superior court ,of Cha'uham coun:ty, of simple larceny, a'Ilid s-en-
t,enced to four years. His con1duct has been exemplary, a:n.d
on one occasion he assisfod in the capture of an e'SIC'aped convict. Pardon granted November 27, 1901.

T. B. Henderson-Convicted at the April term, 1893, of the superior court of Ne,wt,on couruty, of voluntary manslaughter, and sen1teIJ.1ced to fiteien yeaim. Has served a term equiy,alent to eleven years, with goud ccmd,uct. Pardon recommended hy ten members of the jury that trie-d him and the county officials. Granted N ovemher 22, 1901.

Alex Wef\t-Convictccl a1t the September tenn, 1900, of the
superior court of Clay county, of larceny, and sentenced to three y,a'ns. \Yas convicted on circumstantial evi1ctence, which was very do11 btful and uncerfain. Paridon re.commen:de1d by the judge, solicitor, jury, and many citizens. Gra,n1berl December 3, 1901.
Andrew Lcign-Convicted a't the l\Iarch term, 1901, of the city criminal court of Atlam'ta, of keeping a gambling hom,e,
and sente,nced to twelve mornt:hs. Was also convicted of gam-
ing, and for tha,t ornense sentenced to six molliths. Both convidions greiw out of the same trammotion, a'!lld he ha,s &ervra oll't the twelve months senitence. The judge 'and solicitor recommend ,his pardon. Granted December 1, 1901.
J. C. Peugh-Convicted a't the August term, 1899, of the rnperior court of Spardrng county, of simple larceny, and sentenced to Jive years in the penitentiary. Served two years and four months of his sentence. Pardon mcOirn'Illcnded by the proselCutor, gra,n:d jurors, the judge and solici.~ot, and many citizens. Granted December 14, 1901.
James W. Wood-Convicted a't the J,'E!bruary term, 1901, of the superior com,t of Jackson coullity, a,nd sentenced 1:o three years. The crime charged wa,s that of incestuous fornication, alleged 'to have committed on his daughter. She afterwards made affidavit t'hat she ha,d sworn falselv against }1er father and that he was innocent. He had always borne a good characfor. Pardon recoorumendeid by the tri1al judge and solicitor, the jury that convictE!d him, and the cou:n:ty o,fficers. Granted Decembr 16, 1901.
Charlie Spanish-Convicted ait the October term, 1893, of the superior court .of Thomas county, of burglary in two cases,. m1d sentenced to t,en years in the renitentiary in each case. He has served out one term of his sen:tenoe. The judg.e. states t:ha;t throug.h a mistake, he imposed a ten-year sentence in
each case, when he only int,endeid to give him ten year$ in
both case.s. Pardon recommeruded by the trial judge and the repre&entatives from Thomas county. Gmn'ted DeN>mber 18,
rno1.

34
Samuel Keel-Convicted at the Sepwmber term, 1901, of the superior court of Newton coun:ty, of burgl:ary, and sentenced to twelve months. 'l'he prosecutor ur,ge.s his pardon, on the ground that f.ac!ts have deYe1(1)ed sin1ce the trial tihat cause him to doubt the defendan:t's guilt. Pardon granted Decem'ber 21, 1901.
Jasper J. Doss--Convic!ted at the September term, 1900, of the superior emrnt of OheTOkee county, of assarul,t and b31btery in two cases ; of furnishing liquor ,to a minor and using obscene language in the presence of a female. Sen!tenced to twelve moil'ths ea,ch, in the first two ca:ses, 'anJd tihree mo'Illths each in the other two. Ha's served sixteen mon'fihs on the chain-gang, which is thought to be sufficie1rnt punishment. Pardon recommended by the judge, jury, and many good citizens. tlranted January 3, 1902.
Spencer Ernns--Convicted at the K ovcmber term, 1899, of the superior cffillit ,af Wilkes coun:ty, of rape, a:rnd S81IJJtenced to ten yearn in the penitenltiary. When convicted he was only twelve yeaJis of age. 'The prosecutor no:w recommends tha:t he lie pardoned. Has served more than two years of 1hi:s sentence. Pardon granted J,anuary 4, 1902.
Lester Lwven1de,r a:nd Ned Moose-Convicted 'at the Octoibe:r term, 1899, of the superior court of Lumpkin county, of simple larceny, and sentenced to four years. Tihey were less ithan twooty years of age when the crime was commiltteld. Whilt on a drunken spree they took and rode a;way two 1horses. They have served more than two years of the seniteillce, and their p;udon is recommeded by the judge, soliciitor2 trial jury 1md grand jury. Gran,ted January 4, 1902.
Cl:ra:s. Ramsey-Convicted ait the November term, 1870, of the superior court of Troup county, of murder, runcl: sen1teinood to life imprisonment. Rais served more tJhan thirty years witih exemplary conduct. His pardon is recoonmendeid by ii.lie county officers and ma:ny citizens of Troup cownlty. Granted .January 4, 1902.
Lum Strickland-Convieted ,aJt the Mareh term, 1890, of the superior court of Floyd coun'i:,y, of murder, and sentenced to life imprisonment. The evidence was very conflicting, and a wrdict of acquittal would n01t have been improper. Thi~

35
-view of the case is uphe1d by the Supreme Court. Pardon recommended by the judge that sentenced him run:d eight of the jurors tJha,t convicted him. Granted January 4, 1902.
Will Smith-Convicted at ilhe - - - - - - 1tenn, 1894, of the s1rperior court of ]'uliton county, of arson, anJd sentenced to life imprisonment. Consideraible doulbt as to h:is guilt, ae the fire appears tn have been more the resu1t of carlessness than criminal intent. His pardon is reoomrmenided by the prosecutor and many citizens. Granted J an,uary 4, 1902.
'IV. Andrew Stuckey-Convicted 31t the N ovem'ber term, ] 898, of the s'uperior court Of Laurens ooun1ty, of murder, and seil'teuced to life imprisonment. 'l''he prirncipal witness against him has since been shown fo be wholly umeli(\ble. '11here is considerable doubt as to his guilt. His pardon is urged by the ju'dge and solicifor that tried him, the jury that cornvicled him, and many good citizens. Gra,IJJted J a11Uary 10, 1902.
Walter Jordan-Convicted at the December ierm, 1901, of the city court of Floyd couiIJJty, of staibbing, and sentenced to pay a fine of $75, or six months. He is shorwn to be an ignorant, w,eak-min1ded boy, about seventeen years of age. The evide'll'ce shows that his adversary had him doiwn beating him, when 'he inflicted a :Slig!ht woun1d with a klllife. He rwas 8Jdvised to plead guilty during the a.bsence f01 his counsel. PardOIIl granted ,Tanuary 17, 1902.
.Tames G. Craig-Comioted at the Octolber term, 1901, of
ihe supt!rior co11T1f of F11lton county, of forgery, and sentenced
to six months. Was addict~d to the use of morphine, which -probabl_v rendered him morally irresponsible. Pardon recommeruded by the prosecutor, the solicitor, and olther good citizens. G:ranteq_ January 25, 1902.
Joe Phelps---;Oanvicted in 1884, in the superior 1courl of
Rancfo~ph county, of murder, and sentenced to life imprison-
ment. He was a mere boy aurd was convieted Olll the evidence of a witness ,rho ha1s since heen in!dicted for perjury and fled from i:he State. He has served eighteen yeaJ's with good oonduct. Pardon urged by more than 500 citizens of Randolpih county; by foe trial jury, the officers of the county, mrd by .the judge ancl solicitor. Granted January 2"7, 1902.

36
Harry Evans-Convicted at t,he August term, 1899, of the superioT court of Taliaforro ooo.nty, of assault to rape, and sentenced to fifteen years. 'fhe people of tihe county have become convinced of his innocence, and his pardon is urged by the trial judge an<l. jnry, and the soUcifor, and by the father and mother of tihe girl. Granted January 28, 1902.
A. D. Reviere-Oontvicted at the February teTm, 1890, of the superior court of DeKalb counity, of murder, and sen-
tenced to life imprisontrnen:t. There were no eye-witnesses to tfJhe killing, and defemlant claimed to have acted in self-de-
fence. He has served more than twelve years at hard labor. His conduct 'l:Jias been good. Pardon granted January 28; 1902.
Hilliard Griffin-Cornvic,ted a,t H:he Septemlber term, 1901, of the superior coml't o,f Baldwin county, of riot and ,carrying
concealed weapons, and se'!1'tenced to pay a fine of $60, or
twelve mionths in each case. Has served more than four mon1tihs orf his senrtence, which is coooidered sufficient punishment, in view of his prevfous good character. Pardon granted January 31,. 1902.
Lem and Julius Bone-Co1twicted at the ----~Lecl"m of the superiocl" coul'lt of Fulton county, od' larcen,y. The evidooce upo111 which they were convicted was circumstanltial, and the Chairman of the Board of Pardons says: "Personally I have such grave doubts of the guilt of these men that I believe clemency sluould be granted uh.em." Pardon granted February 7, 1902.
W. E. Benne,tt~Comicted at the Mal'Ch term, 1897, of the Slllperior cour:t of Chatham coun~y, oif assault wi'th intent to rape, anld! sentenced to te:ru years in the penitentiary. The Prison Comissioo. says: "The gem.er'al circumstances brought to 1the a:tterutiorn of the Board od' Pardons iIJ1diC'a:tes. some unceritainty anid mi:tigaltion of the offense." His character prior to coruvictiorrL was good, and his cond11ct si:Il'ce conviction has, been exempl'ary. Pa:rd'Olll graTuted February 26, 1902.
John Thomas-Convicted a.t the February term, 1883, 01' the superior CO'UTt of Campbell county, of murder, and sentenced to life imprisooment. The killing was the result of

37
criminal irutimacv between the wife of Thomas am!d 'the deceased. He ha; served more than nineteen years, and his pardon is mcomended by the judge an'd solicitor tha!t 'tried him and many good ci,tize1rns. Pa11dan gralI1ted Maroh 15, 1902.
Anna arud Malind1a Brock-Convicted a't the April 8Jdij01Urned term, 1900, of the :,uperior cou.11t of Pickens coun1by, of murdrr, aD'd ,senltenced t,o life imprisonrrnt. The evideince upo[l which they were convicte1cl 1was wholly ciroumslta:ntial and 1:'here was grave doubt as to their guilt. Their pardon was recommend0cl hy the judge, solicitor, the 'trial jury and gra.Tud jury and by a large number of oitizen:s. Gran,ted March 15, 1902.
William Oglesiby-Co1nvic'teid at the April tel"Ill, 1898, of
the superior eourit of Ema1nuel coillilllty, o:f volunltary man-
slaughter, and sentenced. to six yea11s in the penitentiary. The killing was the re'sult of a mutual combat he,tween dclenoont
aD'tl dooe,ase,d, in which de:fem.1d'an:t wa1s se1verely wounded tlwice b~' a pistol in rtihe hands of de1ceased. His pardon was recommende,d by the ju1dge, solici'bar ia:nld many 01f the jury and by many of 1the coun:ty officers a1ncl citizen:s. Granted March 15,
rno2.
rrorn Burton----Convicted a:t the Felbruary tel'rn, 1899, of ,the superior court of Cherokee cou1D.ty, of burgLary, and serutenced to seveu years in the peniben.tiary. Defendant all!d 3/llotheir eommitood burglary f:mrn a l"a)ilroald 'die<pot. The other party was subsequenli:ly tried, con'Victed and sentenced to a fine of $100.00 or twelve moni'tfus. Defenldant has served 'about three years and it is thought his punishment has been sufficient. Pardon grante1d :March 18, 1902.
Lewis West-Convicted at the February term, 1902, of the
city crirnin!al court of At1anta, and oon:te:n:ced to pay a fine of
$50 and costs, or six months on 1bhe chai.Tu-gang. Defen1clant is
an old negm albcmt ,sixity-five ye1ars of age, unable to do hard
ma:n'Ual lrubor aD'd ll'Il!alble to pay rthe fine. His pardon is urgeld by the judige, solic~tor, his employer and others, in1eludiing the prosecu:tor. Granted March 17, 1902.
Alfred Turner-Gomicted at tfu.e January term, 1900, otf the superior court of Glynn county, of 1'aroony, and sentenced to two years. Has sened all but three monlths of his sentence.

38
His pardon is reeommen,ded by ,the judge, solicito,r, grand jurors anld many citizens. Granted }larch 17, 1902.
Dai<s,y Leom1ro-Convic!fed a,t t:he January form, 1902, of the superior com-It, of Fultmr county, and senitenced to a fine of $100.00, and thirty days in jail, and in defaulit of payment of the fine, six mon1t,hs additiomil irn jail. Defendant was a young wo,ma1n a:boiut t,wenty-one years of age and a1t the time of hier convidtii'on was an inlll1!ate of a leiw'CL house in t'he city of Atlanita. Since her conviction 'an!d during her incarcera,tion in jail it appe:a,rs tlhat slhe has :repen(!:ed anid expresses genuine oonwersion. She ha:s agreed to go 'ilo the Florence Crilttendon Home and her paro'On is uirged irn ord~r th>at she may be given an opportunity to begin a new life. PardOill gra!ll1ted April 2, 1902.
J. W. Register---,Convicted a't the June term, 1901, of the city court of Douglas, of carrying cooce>aled weapons, and senitenood to twelve morrutihs. He is a young white man who has a wife, itihree c:hildren and an aged mo1ther ldepen1derut on him. He has served nine months and his pard'On is urged by the iudge., solic~tior and counity officials. GranM:1 April 4, 1902.
Porte,r B. Davis---------Oonvict,ed at the May term, 1899, of the superior court of Pierce county, o,f voluntary 'lllillllSla:ughter, and se:n:teniced 'to four years. He has served the grea.ter portti.on of his s,emlte'nce and his pa:r'dolll is :urged by a large number of the citizens of Pierce county. Pardon granted April 7, 1902.
Luke Bass-Convicted a:t the September term, 1888, of the superior eourit of FlO(Yd county, o,f burglary, and sellltenced to t,wenity years in tihe pe'!litentiary. The goods taken were only wo:r'bh abouit eleven doHaTs and lhe has served more than tJhirteen years. His pardon is urged by the judge anJd solicitor that tried him. GralJllte!d April 7, 1902.
J,am'es Hughes anld Swinton PoiweH-Comicted a,'t :the Sepitellll!ber term, 1901, o, 'the superior court of Haibersham county, o:f libemtin'g prisoners from the calaboos in Toccoa. a'Illd sentenced to pay a fine olf $75.00 each, or twelve-mnrths. Tlie prisoners release<l were t:wo women, and the evidence upon

39
which they were convicted was circumsbmtial. 'Their pardon: is reootrnmeruded by tlhe judge and solicio!r antl the city officials. of Toccoa. Granired April 7, 1902.
John S. Sutherland-Convicted a:t the October term, 1897, of the superior OOillrri: of Richmond county, od' rape, and sentenced to l'iixteen years in the penitentiary. The judge who,tried him says: "I !have never felt sabsfied with this conviction and if a moition had been made for a. nte~v trial I would h'aive promptly granted it." Pardon. urged by the judge and solicitor. Granted April 11, 1902.
Charles Daniel-Conviclted at the February term, 1898, of the supe,rior court of Greene county, of volunfary manslaugMer, an:d senitelncted fo six ye:ars. The defendant is a negro boy and has served orut iJJhe greater porrtion o.f ihis sentence. Pardon urgeld by the officers o.f Greene county and a large number of citizens. Graruted April 11, 1902.
A. A. Pullen-Convicted 0:t the SerptElmber term, 1901, of the city couri otf Dublin, otf seHllll.g whiS!key, and. sentenced to
pay a fine of $800.00, or :fJwelve mOlllltihs. The evidence was confliclinig ail'd there is doubt of his g,uilt. His character previous to c001viction was good. His pardon is urged by the judge, SOllici'tor, oounty officers, and many citizens. Gra'Ilted. April 11, 1902.
James Watts~Convicted at the August term, 1901, of the superior court otf Butts county, otf stealing a ride on a railroad train, a:Illd se'l1tenced :to pay a fine of $50, or twelve months. Was a negro 01f goo1d character and formerly employed by the :railrood. Served eigh1t months of his term and his pardon is recommende,d by the jrn]1ge and solicitor. Granted May 5, 1902.
Ransom Mille.r---'Oo11wicte!d at the October ,term, 1901, o.f the
city criminal cotur't of Atl11J1ta:, and sen1tenced to eight months. His pardO'Il urged 'hy the jU1dge and solicitor on ilfue ground
that he has served more than five months of the senttence amt his wife, childre'Th and mother are in desititute condition anu need his a,ssi&t:mce. Granted May 5, 1902.
Ruff La,wrence----JCon,vidted at the October term, 1901, of the superior court of Ea,rly counrty, of the offonse of man-

40
slaughter, and sentenced to one year in the penitentiary. Deceased provoked the difficulty and 'Wl8S a dangerous man. His pardon is recomnmnded by tihe: judge, solicitor and trial jurors. Granted May 8, 1902.
Jack Griggs'---'Convicted at tihe September ,tfiln:i, 1901, of the superior court of Fayeltte counity, of assault to mpe, am1 sente1Uoe.d if:o ten yearn. 'Tihe prosecut:or now says she swore falsely against him, ai!ld the judge and solici:tJor urge the pardon. Granted May 8, 1902.
Rebecca Carter--'Convicted at the March term, 1902, of the superim court of Fulton: oounrl;y, iof car.~br'elaking, a,nd sentenced fo ,twelve months. ''l'he evidence aga1in:stt her was circumstantial and nOlt conclusive. Her health 'has broke1n dorwn, and her pardon is urged by the arrestin1g officer, tihe solicitor that prosecuted her, and others. Granted May 10, 1902.
Vczier Lee-Oonvic!Bd at the February IJ:e:rm, 1898, of the superior court of Butts county, of manslam:ghlter, ood sentenced i:o three )'B'ars. The killing took place alt a1 niegro frolic in a general figh1t,. in whi Cih L:)e was hli:mself cut :tiwice. His pardon is recommendeld by the judge, solici:tor, 'and many good citizens. Gmnited May 10, 1902.
Antthony Walk,er-Convicted at the Oetoiberr form, 1900, of the superior court of Butif:s co111I1;ty, oif seHin:g whiskey illegally, and sen:tence1d! i:o pay a fine of $100, or nine months. He plead guilty to four inldichnem-'1:s and entered at once upon h~s sentence. He served morre rtlhan nine:teen: mo'IJJths; is an old negro"over fifrty years of age; 11. suffereir from acute rheumaltism, amJd! his pardon 1was recommended by the j111dge, solicitor, county office.Ts and otihe'r'S. G.ranh!tl May 10, 1902.
Chas. Rcxbinson--C'onvicted at the October term, 1901, df the superior court cif Fu1txm oounity, of larceny ,a!flterr trusrt, and sentenced ito 1one year. Is a small boy only thirteen years of 'age. He only took a pair O'f secontdi-biam.d pants o,f sanall value. Partlon urged by the prosecutor and 1the solicitor. Pall"d-on graJ1ted ::\fay 16, 1902.
John W. Dixon-Convicted a't the ,Slpring form, 1896, od' the su])'E'rior court of Tav1or counity, of murder, and sentenced to life imprisonmrnt. He was convicted on the 1testimony of th~

41
thirtren-year ord daughitea.- 01f the 1<1eceased. Facts have since developed whicih tencl to discrecht her testim001y. His pardon urged by the solicitor, sixteen members of tlhe gran'd jury, ten of the trial jury, county officers, man,y citizerrs ood the widow of -tihe deceased. Pardon Gra~ted :M:ay 17, 1902.
W. B. Berkley-Convicted at the Ja,nuairy term, 1902, of the supemor court of Fulto!Il county, oif mi,demeanor, an_ld sentenced to six months in jail. Served mor,e 1than four months, and on aocount of his bad health his release is 1111ged by tb.e pl"ol'Jecutor, the jai1or arrd t'.he county physiician. Pa:rd'on granted May 27, 1902.
Thompson Richa11dson-Oonvict.e:d at tl1e May terrm, 1885, of the s1.1:perim court of Wilke.:; county, of IDUrder, a!Ild sentenced to life imprisorune'll't in .the p,e:nli1e'll!tiary. Has serrved more 1tlhan ,seventeeTI. years a1t hard! labQr, during '\v1hioh time he has haid 'both Legs broken tlwice.. He is now an o:ld, ignorant, weak-mill!deld negiro. Pardon urged by the grand jury thalt indicted him, by the trial jury, by county officers miid many citize,ns. Pardon grantd May 28, 1902.
J. J. Oarroll__,Oonv,icited at the Decermber term, 1901, of as saultt and battery, and: senlreri.ced to i:1wehe morrths in the chain-gang. His conduct thas bee'llJ exemplary, and his pardon is urged by the solicitor, ni,ne of the jumr,s, many repulbable lusiness me!'. u[ Atlanta, on the ground that his punishme111,: 1has been su:fficiecn!t. PaT'don granted May 28, 1902.
Alex W. Owens--Com-icted at i!he 1Iarch form, 1897, of the supei,ior court of Fulton 0ounty, of brurgrary, an:d senltelllced to ten ye-a:rs. It has been shoM"D. that he did not aotually participate in the burgla,ry, as he wias drunk a't the :time. He watarrested in company wi!bh the bu:rgl'ars arud convicited on cire1.1mstaI]lti,al evideince. His pardon urgeid by t\he prosecutor amd many citizens. Pardon g:ra:nted June 19, 1902.
Robert-L. Darden-Contvicted a:t the fall 'oorm, 1898, of the
Sllpei,ior conrt of Cobb county, of perjury, rurud sentenced to five years. Wrus eonvieted on evidence that ll'a,s bero so gro,ssly discreldited as fo ma,ke his innocence pructically esJ:a'blished. His pa11d-on urged by many good citizens of Cobb county. Granted June 12, 1902.

42
John 'I'. Clark--Gonvicte<l a:t the - - - - - - - t e r m of the s,uperior court of DeKalb county, of assault to murder, and sentenced to five years in the penitenituaiJ.'y. The crime was commit1ted in a he'at of p0ssi,m. He has sewed more thalil three years with most exemplary conduct. On one occasion, when ano~her coniviC't. was trying to escape, he overpowered him and pTeven:ted his escape. Pardon granited June 12, 1902.
Lewis Grimes-Convicted at the May 'term, 1901, of the city court of RlbE'I"ton, of se'1ling wthiskey, and sentenced to twelrn months. He is in the lasit sit.ages of coTIJSJUmlption, and his pardon urged by the judge and solicitor that tried him, and many citizens. Has served all of his term except one month. Granted June 13, 1902.
Alex Dougherty-Convicted a't the August teT1n, 1901, orf the superior co11ut of Polk counJty, of carrying a ptistol concealed, and sen'tenced to twelve mom,ths. Has served moire than five months, and his pard()lll is recommenldeid by the judge that tried him, on the ground of sufficient punishmen't. Pardon granted .June 2fi, 1902.
.Tnphe,th ::\IcFarla11Jd-Convicted at the Octo>ber term, 1901,
of the city criminal court of ,\tlanlba, of forcible, ejectioo, a.rn:d sentenced to twe'1ve months. He has m'ade pI"oper restitution and hm served more than t!hree months, and his paroDn is recOIIllmendecl by the iud1ge and solicitor. Pardon gralllted June 27, J902.
John R. Whitc--'Convicited at the October form, 1901, of the wperior court of Carroll county, of seduetion, and sentenced ito 't1welve months in the pen1itentia:ry. There wai, strong dol\11:it as to his guilt, a,nd hr has served more lbhan nine monthe. His pardon urgecl by the jury tha!t oonvicrocl him, and many citizens. Pardon granted June 28, 1902.
Z. V. Carter-Convicted at the Septe:mber term,' 1899, of the snpcrior court of Echols county, of voluntary manslaughter, and sentenC'e1d to five years. Evidence procured since the triril tencls Yery strongly to upho1lcl his ddence of ju~tifotble homicide. His pardon urged by the judge; solicitor--genera.l, grand jury, trial jury, and many 0itizens. Pardon gran-te'Cl July 11, 1902.

43
"\V. B. :Freema,n-Comicted at the fall term, 1901, of ,the superior court of 2\1:ontgomery county, Olf t:he offense of selling whiskey illegally in six caoos, aITTid sellitea1Ced fo serve three months in the chain--gang in each case. "The toW[l of Higgston, in )fo111gomery CO'llnty, by mru:nicipa1 ord,i111ance, atitempted :to regu!a,te ,a,nd license the sal,e of whiskey, which they had no
legal authority to do. Defenl:l'ant procured a:nd paid for
lrC'Ilse from the town, aeting unlier the writ1ten aruvice of counsel tha,t such license -would protect him; paid the tax required by the Stalte and United States for retail liquor dealers, and proceed,ed to sell openly. 'l'he juidge before whom he was tried recommends this clemoocy, on rthe groU!frd that while technically guilt~-, he had no intention of violaitirug the law." Pardon grante,d July 11, 1902.
Dan Shewmake-Convided a:t the November term, 1885, of the supc,rior court of Burke county, of mur,der, and sen-
tene:ed to life imprisonment He has se'rved twenty-seven
years, counting time allowed for good behav~or, with exemplary conduct. Pardon recormnen1ded by ma,ny citize:ns of Burke Jnd Clinch counties. Pardon granted July 11, 1902.
Ozro Curtis--ConlVicteid at the Septem'ber term, 1901, of the superior court of Habersham coun,ty, oif larce-ny from the hon,e, a,nd sentenced to twelve moilltihs. He was only eighteen years of age, and the proJJerly taken '\V'as 'of less value 1than one dollm. Served nf'arly his entire ;senten'ce wi'tlh good conduct. Pardo,n urged by the judge, solicitor a,n,d many citizens. Granted July 11, 1902.
Henry Oarter--Comiicted at the fall term, 1892, of the superior conrt of Dc.Ka}b couruty, of voluntary manslaughter, a,nrJ sentenced to twenty ?ears. He was first coll'victed of murder, which yerd,ict was se!t aside by the judgB, on the gronn1d that the evidence did not support the verdict. He then plead guil1ty to ,0oluntary manslaughter. The killing took place unde.r great provocation, as deceased had attempted to deba'llch his wife. Pard'on rec01mmended by the judge all'd many citizens uf the county. He has serveid about te[l years of his sentence. Pardon granted July 11, 1902.
Fletcher Sims-Convicted ait <the April form, 1901, of the
county court of Butts county, of escape, auld senten'Ceid to

44
twelve months. He escaped in company with several others; a,fterwards surrenrdered himself and informed ~n the others. Has served more ,than <three months, and his paTdon is recommendieid by the judge a:nd other goo'd citizens of the countiy. Pardon granted July 12, rno2.
Dave Burgess-Convioted at the August te.rm, 1893, oi the S'Uperior court of walker county, of murder, an:d sent:enced to life imprisonmen!t. He was convicted on circumstantial evidence, anJd the judge before whom he was tried s,ays he has dowbt:s as to his guilt, as does also the solicitor that prosecuted him. County officers and many good citizens recomme:nd his pardon. Pardon granted July 12, 1902.
John ReynokLs-Convic'ted a1t the Septmrilber term, 1901, -of the superior court of Fulton county, of assault wnd battery, and sentenced to twelve mon-ths on the chain-gang. The crime wa:s committed while uIJlder the influence of whiskey, and he plead guilty. He has served! most of ihis senrt:ence -wit11 good coIJlduct, and his pardon is recommernded by the prosecutor and a number of good citizens. Pa11dion gran'bed July 12, 1902.
Robert Hunlter-Convicted at the Septemiber 'term, 1892, -of the superior- court of Fulton county, of burg1ary, and sentenced to fifteen years. His term will expire in 1903. He has recen1tJy developed consmnpt:ion, arud further ccmfinement likely to prove fatal. Pardon granted July 12, 1902.
Willis Carter-Convicted at the May term, 1898, of the superior court of Muscogee county, o.f roibbe:ry, anid sem:tenced to fifteen years. The evidence was ci_r1cumstan:tial, ,and there is much dowbt a.s to the guilt of Oarter. He stoutly maintains 'his innoCBnce, and his pardon is ur~d by seven members of the jury, the proseicuting attoTimy, the solicitorge1i.era1, the _prosecutor and many good cirtizens. Pardon granted July 23, 1902.
L. 1-f. Sumner--,Convicted at the )lay form, 1899, of the superior conrt of Worth co'l11n;ty, of voluntary manslaughtex, and sentenced to twelve vears. He has served more than three :year9, and his healt!h h~s becdrne very much impaired. His

45
pardon is recommen<led by the judge, grand jury, trial jury, cournty officers, and many good citizens of Worth and adjoining cau11ties. Pardon granlted July 26, 1902.
Wiley Freeman-Convicted at the Septemlber tmm, 1900, d' the superim court of Bibb county, of manslaughter, and s2ntenced to five yearn in fue penitentiary. Was :first convicred oi' murde,r ,and sentenced to life imprisolJlme:nt. He- obtained a new trial and was sentenced to five years. He was a man ,of previous gnod cha:racter, while the deceased is shown
to have lbee[l a man of very bad character. Since his convictioTIJ he received a seveTe injury, which permanenltly par-
alyzed him. His pardon is urged on these grouuids. P.a,rdon granJed July 30, 1902.
Ernest Ja;ckson,---,Con\'icted a1t the April term, 1902, of the city court of Hall county, oif larceny from the house, and sentenced: to eight monihs on the chain-gang. He is a wea)kY minded riegro boy, about eighteen years of age, 'an!d the property stolen was only worth about $1.50. Pardon recommended by the prosecutor and many citizens. Granited August 1, 1902.
Clinton 'r'hrnnas-Convictec1 at the December tenn, 1901, of the s11perior court of Bulloch county, of the crime of larceny, and se:n!tencetl to pay a fine of $100 and costlS, or twelve months on the chain-gang. The property stolen was a pisfol oif small value, and the prosecU'tor and a number of citizens ask for his pardon, on the ground that his mind iis weak and
there is doubt as to whethe'r he intenld:ed to st.eal t!he pistol.
Pardoo granted Auguist 2,1902.
John R.. Dominick-Convicted at the s1pring term, 1895, of the superior court of Bibb county, of the crime of receiving stolen goods, and sentenced to ten years in the penitentiary. He is noiw over sixty years of age and un,able to work. His pardon is urged by the judge and solicitor tha,t tried him, and many hundred cit,izern, of Carroll, Oo;wetia and Walker counties, Pardon granted August 4, 1902.
Emmett Heard-Convicted at the l\1areh term, 1902, of the city crimirral court of A'tl1ant'a, of a misdemeanor, and sentenced to pay a fine of $50, or tiwelve months on t:he chain-

46
:gang. His crime consisted in stealing a cabbage, and he has ,;erved over four m!()lnths. The judge and solicitor advise his re1ease. T'ard1on grarnted. August 7, 1902.
'f. H. Carter___JConvic't,ed a1t t:he fall term, 1901, of the superior court of Fulton 1couni,y, of the crime of larceny after trust, and sentewced to two years in the penitenltiary. The amount -appropriruted was small, and he 'has served more fuan eight months. Since his conviction his wife has died, leaving three small children derpeude:n't on c:ha,rity, mrd in need of his support. Pardon granted August 7, 1902.
George Kirk-Convicted at the August term, 1883, of the supe1rior court of Polk conuty, of the crime of murder, witih a mcoonmendation to life imprisonme-11't in the penitentiary. He was conrvicted on circumstanti1al evidence, and it has since been shOiwn thrut one of the most im1port:ant witnesses agiainst him pwbaJbly swore falsely. 1Tihe1 crump physician cer:tifie~ ttra1t 'he :has developed 1a case of tu1berculosis, and tJhat further con'fi111ement will proibalbly_ p:roive fatal. Pa,rdrn1 granted Au-gust 7, 1902.
George Higginbotham-Convicted at the Septe[lllber term, 1900, ,of t:he swperior cour,t of Franklin co,unty, and se1'ent.'\l.d !to pay a fine of $75, or serve twelve months on tJhe ehain:ganlg, for carrying pis:tol coocealed. He was a boy albout eihte,en years of a, and was indicted for assault to Ill/Urder a1~d ootryi111g pistol concealed. He has served out his senitence ,of two years fOir ass11u'lt 'to murder, and it is thought that he -shO'llld be relieved of the lesser sentence. Pardnn granted Augusit 8, 1902.
Elijah Charlton-Convicted at the April teTTI1, 1900, of the super1or court of Early county, of 1the CI"ime of rape, and -sentenced to twenty yearn in the penitenti:ary. The evidence upon ,whi,eh he wias convicted was not wholly satisfaclory, and -since itfue conivi-ction reputalble witnesses have been found wiho so discredi:t t:he testimony of the witness for tihe State as to make his guil,t e~tremely doubtful. Pardon granted August 8, 1902.
Joseph Ewalt-Comicted at the July term, 1896, O!f the ,superior court of Baldwin county""' od' murder, and sentenced

47
to life imprisonment. At the time the crime was coonmitted he was in a drunken condition, and there seems ,to 'ha,ve boon absoluJtely ll'O malice. Since conviction his health has failed, and his pa,rd:on is urged by the solicitor and a large nu'!Il!ber of citizens, including the jury iJhat tried him. Pardon granteid August 12, 1~02.
Henry Craig__!Comicte'd wt the spring term, 1896, of the
superior court of Polk county, of burglary, and sentenced to it:wenty years in the penitentiary. He ha1s been for many years incurably affiicted with syphilitic rheumatism, and i"
now unable to 'Work. Pardon gran,ted August 13, 1902.
Willie Akridge-------'Convicled at the August term, 1902, of the city criminal court of At'la;nta, o.f sirn,2le la.rceny, and sentenced :to pay a fine of $75, or three months on the chaing:ang. Defendant is 'a boy ,orrly twelve year,: ,of age, arrd plead guilty to the theft of two pigeons. H;s previoos charracter good, and pardon urged by the judge and solicitor. Grant<'d August 18, 190.2.

SENTENCESCOMMUTEU

Susie Foster-Oonvicterd a,t the September term, 1901, of :the superior court of Coweta county, of the ,offense of selling whiskey illegally, and sentenced to a time of $400, or twelve months. She is shnwn to have four miD1or children whose ages range from seyenteen months to thirteen yeall'.s, '""ho are wlhlolly dependent on her. Commutation of sentenice tbo a fine of $ZOO, or twelve months, recommen'deid by the jud!ge, solicitor, ordina.ry, sheriff and clerk of '1:ihe coul't. Gra,nted Oct-Oiber 2, 1901.

Oscar McOoy-Convictetcl ait the Aug:ust term, 1901, of the

city criminal court of AUanfa, of carrying conceale1cl ,weapons,

and pointing a nisrol rart another, and serutenced to a fine of

$100, or ,twelve months in each ca1se. The judge and sol,icitor

recommerud that the punishment be commuted to 1one sen-

tence, inasmrudh as both offenses were committed a,t illm same

time. Sentence commuted to :fine of $100, or twelve months,

October 3, 1901.

'

48
William Anderson-Convicted at the 1far,ch term, 1899, of the superior court of Newton county, of asooult with irutent to murder, and sentenced to fl ve yerars. The crime was committed without malice, and in the encounter the defenrdiant received two severe wmmds, from which he is now a sufferer. He has served nearly three years imprisonrrnent, and ill.is sentence is recommended to three vears acitual service bv all the jurors who triecl him, the officials of Ne1wton county: the officials of the city of Covington, and many citizen,s of the county. Gmnfad November 8, 1901.
George Groover-Convicted a:t the Decembe;r teTin, 1896, of the superior couvt of Chatham county, of volunita;ry manslaughter, and sentenced to fifteen years. His pardon wias recommended by the grand jury, trial jury, judge, solicitor, arrd a large rnmliber of citizen. Commutation of seruten!Ce to six years imprisonment, granted November 8, 1901.
Henry Ja,ckson~Convieted at t1he June term, 1901, of nhe superior court of Fulton county, of 1-arce,ny from the house, and sentenced to twelve months. Senten1ce commuted :tJo pres-
. ent service, and a fine of $50, on recomme-r11da,tion of the
solicitor-general. Granted November 12, 1901.
Albert Waller-Convicted at the l'.farch term, 1901, of the superior court of Bibb county, of the crime of burglary, a,nd sentenced to t"relve months. The articles stolen were of small value, an!d he 'has served 1the greater portion od' ihis sentem.<.;e. Sentence commuted to present service, Novem!ber 8, 1901.
Peter Harris-Convicted a.t the February term, 1901, of the superior cou.rt of WaHon county, of murder, all'd sentenced to be 'hanged. The evid1mce on ,whicih he wa'S eon:v:icted was
very conflicting, and it has been shOlw:n that ;t the time or
the killing deceased had a pistol in his .h'and,.anid the defenda:nt claimed fo have acted in Be[f-de1fence. Witne1sses for the Strute were impeached by several witnesses for the defendan.t. His sentence commuted to life impr;isoriment, November 19, 1901.
Murray Whitley-Convicted a1 t the July term, 1899, of the superior court pf Hall county, of burglary, and sen,tenced tg five years. He is shown to be weak-minded and of a low or~

49
der of intellMt. His pardon recoonmen'ded by the judge, solicitor, counity officials and many gooc1 citizens. Sen't.en~e commuted to three years, December 9, 1901.
Sims Fag,an~-Convicted at the November tel:lll, 1901, of the superioT court of Macon couDity, of murder, and oontenced
to be h1a,nge-d, It has been shown that the,<le.cem,ed at1tempted
to sedrure th~_wife of the dei:fen,d'.ant. De.ferudant found a letter deceased had writtffil his wife, and he immediiately procured his gun an'.d shot deceased. Clemen1;y is recommended by the judge and solicitor, .the grand jury and trial jury, county officials and many hund!red good citizen:s. Sentence c:nnmuted to 1ife imprisornmerut, December 9, 1901.
Bud Dover-Convicted at the September term, 1899, of the superior c<YUrt of Habersham county, of voluntary mran,slaughter, and sentenced to fifteen years. Defendant was a mmnber of tf:ie sheriff's posse, and cliaiiined 1tlhiat defendanit was
resisting arh')st a:t the time of the killing. Cleunffilcy is urged
by the gragd jury, trial jury, county oillcers and man,y citrizens. Seilf~~ commuted to 1two years, December 26, 1901.
Sam Rice-Convicled a,t .the Deoember term, 1901,, of the
city crimill'a.l court of Atlan'ta, of the crime of sfolblbing, and
senre.AOO<l to pay_ a fine of $50, or oorve six moi:rt1hs on 1Jhe pub.Uc wor}t~. 'l'he stabbing was done in a fighlt brO'llg,ht on hy t,he pe~p stahbed. Def.entdant's previous ch'araeter }Vas
good: a~d ill- v~w of the serious illness oi his wire, the judge
and _solicit.pr thait fried him urge his paT'don. Sentence commuted to 11, tine of $25, incb1ding costs, January 11, 1902.
John MQsis~-Convicted at the November term, 1901, of the city criminal court ,of Atlanta, of the offeuse of reooiving stolen g~, anld sentenced to .pay a fine of $50, or sb:: months ci1fthe chain-gang. He only received a few postage
stamps, "hfch he claimed were given t~ him by the bhieir. Re Jm,s S(jfyed two months, and fu.is previous character was
good. Cle'lji.ency recommeinded by the judge and solici:j;or who trie\l him. Sentence colllimuted to a fine of $25, includ-
ing costs:'. ,Tanuary 11, 1902.
George Wilcox-Convicted at the October term, 1901, ot the superior court of Coffee county, of rape, and sentenced

fo be hanged. The jndge and oolicifu>r1 who tried him urge
tllat 1his sentence be eommuted,r whieh recommendiation ,is joined in by the oounty officel'inlil'd: 'many good ~itizen:s:of Coffee county. Sentence com1m1teid to twenty yea.rs, January 25, 1902.

Cap Oliver-Convicted wt fue Septemibet term., 1895} -Oif the superior court of Dooly county', of the crime.of votluntary
mans1aughteT, and sentenced to !IJWe'tllty years, The deceased
was the aggressor, and was a J,a;d'Clraraotiet. Deferrd'iin,'t was
a peaceable, I-aw-abiding negro prwi.'<lus M this ldiffietrlty.
Has seTveid about seven yeiars with good oondiuci, The .judge
and solicitor who tried him recmrumend clemency. Sente:ooe
commuted to ten years, January 27, 1902.

M. F. Sullivan~Convicted ait the D~:m.il:>er te-m, 1896, of

iihe superior comt of Ohatlha'Dl rounty, <(Jf the :cri~e of: man-

slaughter, ,an1d sentenced to .fifteen years in llhe pe'nitenitiary.

man: The killing occurred in a fight, in which several pl!!rticipatied,

and the deceased iis shown to h!ave boon a

of had :,char-

acter. Clemency is urged 'oy the grand jury, tflr-ial ju-ty,

county officers and solicitor-general. Sentence coonmuted to

six years, January 28, 1902;

ternr, Simon J. O'Nei'l-Convicted at iJhe, December

1896,

'- of the super~or court of Chatiham c(Jllll1ty, df th~ erime

manslaughter, and sentenicad' ito ,fifteen yea'l's in>t~ :peniten..

tiary. He participated with M. F. Sultivan in:the case above

mentioned, aIJld cle'Illency is urged upon:: the ~e' gMUnd&.

Sentence commuted to six ye~, Januarj' 28, 1902,

Herury Br~ks-Convioted: at the ~prinig team, 1901, of tJhe
superior court of Chatham counlfly, .o:f.,th~ erime. of inur&:11', and sentenced to be hangeq. Sevooty. mem!bet,s ,o;f the Savan,... rtalh bar, eleven members of the jury; a:nld many citizens urge
clemency on the ground of doubt as to d~fendant's guilt., Sen~
ten,ce commuted to life imprisonment, Fe.bMtary 7, 190~..

D. T. Hood-Convieted 8Jt ifue August term, 1'901, ~f ffie
superior cour:t of Spa:l,ding county, of seHinf whiskey ill~~ gally, and 1se:n:teil1Ce'd to twelve months, or a fine 'O~ $150. He
;was oonvfoted in iJhe. recorde'.r's oourt of Griffin, fo!l" the same
offeDJSe, a.zrd .fined $100, whhth he paid. On 11.coount of~-

51

by .erty- heiwas11habre fu'pay ~efine imposed 1 the superior

court: Since c<irivicti:onhe' hmdiren an invwlid an'd unaJb1e

'tfo ~o any work. Sentence oonimwtetl to -a fine 10$75, Fabru-

ary 17,_ 1902,



',"

l

I~rudiore Minder_:,/Convicred it the' spring term, 1901, of

blfo''-superior court od: Bibb oow).~y, of murder, and sentoo~ed

to be han!ged. 'The Supreme Court; in revieiwing this case,

in:thr1;ated ifh31t a verdict of ~ife imfrioonmenlt w-0_uld. have

been more pr,OIJkr undeir_ the c1rcuisfu.nces. The trial Judge

il.n,d solicitor urge this clemell'cf . Sen,tence commuited to life

i,mprison11nent, F,ebri;tacy 26, 1_902. '

.

'

. ' ' ,I,

Sa~lilli

B~o~~~Conyi~ted.

a't,

1 the

D~cembm-

,tenn,

1901,

of

the city crim\Il'ail, oourt of ,.'\>tlii.:nta, o- the crime of larceny

from ,tJhe person, an!d senltenood t.o pay a fine of $10,0 arud

, costs, or rb~l:ze monlths. 'l'he jp,dge aud soflicito'r reco,mmend cqi:mutation,'to .six nionths in jpil. G,ranted March 17, 1902.

Mills Bostonr---Cpnvicted at jihe Novem'her teirm, 1894, of
, the ~uperi-Or. court .of Bibb couIJ.ty, of the crime o,f murder,
and ,l;lfill:tenC(}d to lue impriS10nmen,t, Defen'd~,rnt sho;t his wife
in a TOW in wlh,foh sweral par,ticipa:ted. He cl-aimed it was

acddenrbaJ, all'd immediately gave himself up ,to !the officer.

. Commutation reoarmende!d by ,the judge and soliciitor, jurors
and many good citizens, Senitence icommuted fo teu yerurs
actu:ail: servil)e, April 11; 1902..

I

}.I

J. L.(Barry, Jr.-Convicted at the spring term, 1901, of

the ~upe:vio;r cpurri; of Fultl)n (jOunty, !Of tihe crime of shooting

at anolbheT, and sentel1Cd ,t-0 WQ years. The jury that con-

victed him recommended that he be punished as f,Oir a mi&-

d,emeanor>;Jbut at the request of the,:defon'dant he was given

two years, ~n ithe, penitentiary,in pre,ference to one year in the

c'hain-gan~. Sen~enre com~ut~ ,to .one year, A'pr;il 30, 1902.

L

.,

, ..

Willis li1ullr1PTI-Convictoo at the November term, 1901, of the suipq11ior coiirt of Hart.ow co1;1.n:ty, of the crime 'Of g:a:i;nirrg, and sente:iiced to niJ:l.(;l :montis. He . sensed over five

mon:ths of his sentence, an'd it was thought his punisih-

m~t ihtJ)d; ~;;- sufficient..; Senite:uoe co1J1II1uted to six n;tonths

~maJ -91m'.i~JiM'ay 5> 19Q2..

.

52
Mrs. H. D. Bertram-'Oonrvicte.d 3Jt the November term, 1901, of,the superior caurt of .Ful1ton comity, of rthe. crUtte of keeping a lewd hoU1Se, and sentenced to pay_ a fine of $300, aild six months in jail, or as an alternative pnish'mel;llt, to serve six montihs on the chaim-gang. '.Dhe camp physician certiifies that she is more than five months pregmmt, anrd further conifine:mernt will imperi'l her life. Sentence commuted
to a fine of $50, May 8,, 1902.
Galvin Beaoh-Oonvicted at the November rerm, 1901, of
the superim court of Houston county, of ,the crime of murdeir,
and sentenced to .be hanged. The main witness againSt him has been shown to be a woman of the vilest charad:er, antl the
. judige and solicitor that tried him 'do not think that the death
penalty should be inflicted under the circumstances. Sentence oomnrn,ted to lif.e imprisonment, May 2,2, 1902.
Andrew Jackson~Oonvicted at the March term, 1902, of the superior colll"t of Quitmap: county, of tbe crime of murder, and sentence,d .to be hanged. Tihere see.ms to h'ave been no intention on the part of the defendan't to commit murd:er, and commutation is urged by the trial juror-s, county offioors, and four-fifths of the qualified voters of the county. Sentence commuted to life inrprisonmenlt, l\Iay 28, 1902.
E. G. Howa;rd-Comicted at the January term, 1902, of
the superior court of Bibb coun1ty, of the crime of murder, and sentenced tio be hanged. Evidence conflicting. Defendant was a man of previous good character, while droea&."Cl was a frequent violaitor of the law, and a man of bad charaoter. Sentence commuted to 'life imprisonment, June 5, 1902.
Alfred Moye-Convicted ait the spring term, 1902, of the surpe.rior court of Emanuel county, of the crilllle o:f murder,
and sentenced to be hanged. Evidence has been discoveTe'd.
sinice the trial whi~h.crE>.ates oomiideralble doubt as 1:,o the guilt of .the defenda.nt. Clemency is reCQJllme.nded 1by t'he trial judge, county officers, and many citizens. Sentence commuted to life imprisonment, June 12, 1902.
D. C. Loeb-Convicted at the Februa:ry term, 1902, of flhe city court of E11berton, of ithe crime of solicHin,g otdier's for the swle df whiskey in E~bert county, and -senteniced ibo pay .'a

53

fine of $900, or. ~ve mon.ths on the clmin,.ga.hg. He was

a traveling salesman for a business firm; is a poor man and
urnble to pay the fine. 1Clemency is urged by many of the

"citizens of Elbert and Fulton coOOltie:s. Sentence cornttnuted

to a fine of $4~0, or twelve months on the chlain:-gang, June

13, 1902.

.

Henry S. l\:1iannirrg_.Oonvicted at uhe May term, 1897, of
rthe superior C'Ollrt od: Wayne oounty, of the crime of voluntary manslaughter, and sentenced to ten years. The trial jury recommended uhat the lowest perualty be given him. Clemency mged by the judge and S'()llicioor, ccmnty officials
and many 'Ci:tizeillS. Sentence commuted to seven years, June 27, 1902.
Bowdre Bell..:.-Convicted at tihe spring term, 1897, of the
superior court or Walton county, of volulllba,ry ma.nsla.ughter,
and sentenced to ten years. Defendiant was a boy only eigh-
teen years of age, who had previously borne a good reputation. The evidence _was conflicting. Clemency is urged by the solicitor, prosecutor, county officers, and many citizens. Sentence commuted to seven years, July 11, 1902.

J. W. Griffill'-Comicted ait the spTing term, 1902, O'f uhe
superior court of l'ike county, of the crime of selling whiskey illegally, aJ11d senien:ced to pay a fine of $250, or twelve months on the chain-gang. He was "Only ~hnica:lly guility,
and t'here seems to have been no initention to viofate the law. Clemency recommended by th~ judge anld. solicitor1 the grand jury, the trial jury, and many good citizens. Sentence com-
muted to a fine of $100, including costs, July 12, 1902.

George Ponder_:Convicted in the city court 0 Brunswick, of the crime of keeping a lewd hO'llse, and seniten-ced to pay a firne. of $125, and n:ine months on the chain-gang. Several others were tried at the eame time for the same offense, and were sentenMd t-0 ay a fine of $250, or serve nine months on the chain-gang. This .defendant's crime w,a,s no greatie'r than fue others, while his character seems to have been mu~h better. SelllteI11Ce icommruteid to a fine of $250, or nine mon:ths on the chain--goog, July 30, 1902.
or Jake S11m1J1'.1Pl'0,1U-Clonvicted.11t. thP Aug-u~t.1erm, 1901,
1/he s~perior court oi Forsyith county, of the crime of burglary,

and sentenced futliree years., 'l'he mnid;enoo w'aJS,doubtful; and the ;jury' recommen,d.id that he be punished as fo:r..a mis<kmeanJar. 'Clemency urged 1by the grand jury, trial jury, the prosooutor, 1the judge, and many citizens.' Sentence com:. muted to two yea1rs, August 2, 1902.
Dave Wrighft--JConvicted at the January term, 1902, of the city court of Buiits oounty, Of mooting on th public highway, and sentenced to pay a fine of $100, ?r :tJwelve moruths. Commufati10n to pa,yment of a fine of $40, or t1welve months, 'is recoomnended by the jud.ge, prosecutor, county office.11s; and many good citizens. Gran,ted Au~st' 42 1902.
Jim Ma~tin-Oonvicted at the Miarch ,term, 1901, of the superior court .of Heard county, of the :crime. ,of murder, and sentenced tolife ~rn,pri-sorurnent. Com:tnutat~on 'Of sentence to three years is urged 'by the judge anld. soliciltqr, ,c()!Utrty officers and many citizens. Granted August 8, 1,902.
Thomas J. Hunter--JCcmvicted at the spring terinl 1900, of the superior cou11t of E'ulton county, of erobezzlememlt) a'Il'd sentenced to five 'years. Sentence oolllillluted to ,jjhree years on recommendation of the so1icitor-genera:l, the trial jury; the President of the State Senate, the Speakex of the Hmise of Bepresentaltive,s, .most of the county officers, the mayor otf At,.lan:ta, _allld the officers of the folluwing banks: The Dowry
National, :tih(! Fourth Nation1al, Third N ation:a.1, _Atl13.:D:'ta
Na:tional; Maddox7Rucker Bankill!g Oo., lthe T['ust Oooipa,ny of Georgi:a, representatives of _the Atlanta Of>nstitution ,and Atlanta Journ,al, an!9, manly other ~Jl'lomin.ent citizens, ~ra~ted August 8, 1902.
RESPITES.
Pete Harris--,-,Oonvicted at the February tel'm, 1901, of :uhe
o~e1In- surer.ior court of Walton collllty, of m'llrtle.r, and senten.ce.d
to be hanged.June 28, 1901. Iwspite g,."llnted until N ber '22, 1901; in order that the Supretnle O&lirt might have
sufficient 1ti111~ to. pa!Ss upon a m,Oltion for a llelW tirial. 'J?.es-
pite granlted Oct1ober 22, 1901'.,
Henry Brook!s-Convicied at the. Mareh 'rernl, 1901; the 1mperior -court of OJ)iathla:tn .cou-nty,:of,:witder;3Jnld: ~~~d

55
to be !hanged Qll the 17th day of January 1902. Considera0le dou!bt as to the guilit of the said Brooks, a;n'd respite granitetl until 21st day ,of Feibruary, 1902, in order that 1tfue Execu1tive mig'ht have sufficient time irr which to ,cionsider an application for commutation df sentence. Respite granted January 17, 1~02.
John Henry Peavy-Convicted of the crime of murder, aJt the faJll .it.emn, 1901, of the suirerior oourt of Dooly county, and. senteniced to be hanged on the 18th day of February, 19!)2_. Respite granted until the 2Lst diay of MaToh, 1902, in order tfuM the evidence of the sai'd Peavy might be dbit:.ained in a ease pending in the superior court of Dooly county. Respite grantoo. February 17, 1902.
Andrew Jackson-Convicted at the March term, 1902, of the superior ~ourt ,of Quitman counity, of murder, and sentenced to be hanged April 15, 1902. Respite granted u.rutil May 16, 1902, in order that the Pardon Board migiht have sufficient time Ibo consider an application for commutation of senJtence. Re.spite granted April 10, 1902.
Second respite granted the ,siaid J ac<k.son on May 13, 1902,
for ,the salIIle reasons stated in the fimt.
Alfred Moye-Convicted at the A>prri term, 1902, of the superior court of E:manruel county, of the crime of murder, iand se1rteniced to be haniged May 15, 1902. Respite granted until the 13th day of June, 1902, in order -that the Board of Pa'rdons might h'ave sufficient time in wthicli to consider. an application for commutation of sen.'t'nce. Respite granted May 13, 1902.