Message of the Governor of Georgia [Joseph M. Terrell] to the General Assembly, June 22, 1904

MESSAGE
OF THE
GOVERNOR oF GEORGIA
~~~~~--~
TO THE
GENERAL ASSEMBLY
JUNE 22, 1904
GEO. W. HARRISON, STAT'E PRINTE~, ATLANTA

MESSAGE
OF THE
GOVERNOR OF GEORGIA
TO THE
GENERAL ASSEMBLY JUNE 22, 1904.
ATI,ANTA, GA.
GEO. W. HARRISON, STATE PRINTER. 1904.

MESSAGE.
STATE OF GEORGIA, EXECUTIVE OFFICE,
ATLANTA, GA., June, 22, 1904.
To the General Assembly: You meet at the very flood-tide of the State's prosper-
ity ; when her population is the greatest; when the tax digest shows the largest voluntary returns ever made in her history; when the people are hopeful and rejoicing in the peace and plenty of the most prosperous year since 1860. Commerce and manufactures have maintained their growth ; timber and lumber have brought great gains to those engaged in that industry and added values to the pine lands of the State ; but above all this, the labor and patience of the farmer have at last brought him to a time of fair harvests and prices so satisfactory as in effect to have made two crops in one year. However, these faets should not lead to increased expenditures, nor to a change in the rate of taxation. Tax and Appropriation Acts substantially like those of the past two years, will be amply sufficient for the support of the government and ,State Institutions.
PRIMARY ELECTIONS.
I call your attention to and invite your consideration of the growing sentiment in our State in favor of placing around our primary elections every safeguard necessary to ,make them absolutely fair in every particular. These elec-

4
tions are now practically the eqnival~nt of general elections in Georgia, and no voter should be allowed to vote therein unless constitutionally and in pursuance of law eligible to do so, and every vote deposited should be sacredly guarded, and with scrupulous honesty counted. I recommend, therefore, that you pass an A.ct making all election and registration laws extend to primary elections-municipal, county, State and Federal-so far as the same may be applicable, and provide for the infliction of appropriate penalties upon any person violating any of said laws in registering for or voting at such primary election. Appropriate legislation should also be enacted providing for contests before proper executive committees of the party, and giving authority to said committees, or under their direction, to subpoena witnesses, administer oaths, and do such other acts as may be necessary under the rules and regulations of the party, to ascertain or decl?,re th~ person or persons entitled to receive the nomination of the party, and to provide for appeals. The pay of managers holding the elections, and the clerks serving thereat, should, in the case of primaries, as in general elections, be borne by the counties or State, and the use of money, by a candidate for office, to influence voters to support him, should render him ineligible to hold office. Public office is a public trust, and the man who seeks to purchase it demonstrates his unworthiness to fill it. The price of an office should be measured by the worthiness of the man to fill it, and not by the money which he has, and his willingness to purchase it. .A.ny other rule must inevitably lead to the result that only the rich may aspire to office.

b
IMMIGRATION CO:\DHSSION.
The scarcity of labor during the growing and harvesting season has become a serious problem to the farmers of Georgia, and similar conditions throughout the Southern States have checked the production of cotton. The world's demand for this most used of all clothing materials has increased faster than the supply. European countries are making systematic and persistent efforts to develop new cotton fields in other lands, and although at present these are not profitable, they may become sources of supply, and compete with us in the production of the staple, as Egypt and India have already done. It behooves us, therefore, to meet the world's demand for cotton. \Ve have land enough, and the only obstacle in our way is the lack of labor to make the crop. There is iu this State a vast extent of virgin soil, cleared by sawmills, which is as fully productive as that under cultivation, and would be quickly brought under the plow, if there were sufficient labor to cultivate it.
Beyond question it is wise to encourage the immigration to our State of thrifty American people. This h<1s been the policy of Western States, and their growth in wealth, productive power, and all that makes a commonwealth great, has excited the wonder and admiration of the world. Immigration may be best encouraged through a State Commission, and I recommend that one be established. Some of our public-spirited citizens, composing the Greater Georgia Association, have begun this work at their own expense, and with funds raised in thirty towns and cities,

6
not directly interested in farming, they have advertised the resources of the State, and made them known to millions of people. Several thousand persons have manifested interest in Georgia, and many have already become citizens. The State should not leave this work to a few, but should take it up and make it a department of government. The great need for immigration legislation is shown also by the fact that Georgia has given 412,000 of her people to other States, and has received in return only 190,000, the net loss being 222,000. This tremendous drain upon the life's blood of a commonwealth should cause serious concern, especially when labor is already short in our fields and factories. An examination of the statements of the various. banks throughout the State, will show the rapid accumulation of money, and that the deposits subject to check are much larger than ever before. Georgians have ample funds to develop the resources of the State. The great need of the hour is more men, rather than more money.
The railways of the West are working hard to induce our population to leave us. Texas alone has 75,000 Georgians. If we do not set counter influences to work, the drain will increase, and the laLor problem will become far more serious t,han it is at present. It is a well-known fact, that the agricultural population of the Northern States are very much dissatisfied with their present homes, on account of the extreme cold winters, and many of them are turning their faces to the inviting fields and genial climate of the Southern States. Several of these States have already inaugurated immigration work, and unless Georgia makes an organized effort, she will be unable to secure her share

7
of these people, who, as a rule, make useful and desirable citizens. A Commission composed of one from each Congressional District, and required to meet quarterly or semiannually, would probably bring about the most satisfactory results, and at the same time be the least expensive plan. Only a small appropriation to cover the expenses of these meetings, and to pay for clerical hire and advertising the resources of the State, would be needed.
NEW COUNTIES.
The inflexible rule of the Constitution which forbids the creation of any new county, has brought about in some sections unexpected and unintentional hardships. Counties that in 1877 were geographically large, but sparsely settled, have greatly increased in wealth and population, but the line of growth has left the body of the inhabitants remote from the county site, to the .manifest inconvenience and detriment of those who under conditions as they existed in 1877, undoubtedly would have been granted relief by the creation of a new county. The matter is one calling for an appropriate amendment to the Constitution providing for the creation of new counties up to a fixed limit, or by such other legislation as will meet a condition of serious and permanent hardship to many good citizens who are entitled to relief.
EXEMPTION OF COLLEGE ENDOWMENTS.
In my message of November 8, 1902, your attention was earnestly called to the propriety of exempting college endowments from taxation, where the fund is not so in-

8
vested as to come into actual competition with the busiuess and commercial interests of other citizens. Further reflection and observation have but confirmed me in the wisdom and justice of that recommendation. Without repeating what was then said, I wish to emphasize the fact that not only does the present plan force our colleges into unequal competition with other institutions largely endowed and splendidly equipped, but it actually deters donors from making gifts which might otherwise be contributed to the colleges, but for the natural unwillingness to have money thus wholly set apart to the cause of education, charged with the burden of making other and annual contributions in the way of taxation towards the support of other public institutions. These gifts to colleges are unselfishly made, with no purpose other than that of assisting in the great work of education, and they should be put on a basis of those other public charities and religious funds, which, if not absolutely exempt, are capable of being exempted by the General Assembly.
EQUALIZATION OF TAXES.
There will be presented for your consideration no question of more moment to the State than the equalization of tax retUTns. I wish to present again to your attention the following, from my message of June 24, 1903:
"The need of tax equalization grows with our increase in wealth an?- population. Our law for the return, valuation, assessment, arbitration and collection of taxes is substantially what it was when the Act of 1804 was passed, and when our population was 200,000, and the

9
taxable values of the entire State were less than those in a single county of to-day. .A.t that time the principal subjects of taxation were slaves and farming lands, and most of this property was on the eastern border ot the State, where the soil and crops were nearly identical, and uninfluenced by proximity to manufacturing enterprises or great cities. A.II this has been changed: The population has increased 1,200 per cent., ~nd we now have the varied crops of North, Middle, South and West Georgia, with mountain land, rolling country, and a vast area of pine forests, which are rapidly being converted into farm:..
"Not only do the soil and crops differ, but the value of the farming land is influenced by nearness to market and proximity to railroads. Besides, new forms of value have arisen. Factories, foundries, railroads, saw mills, mines> bonds and an indefinite variety of personal property have come into existence, yet there is no adequate method of determining what is in the State subject to taxation, nor any fixed standard for determining its value. It is well known that land of practically the same productive capacity, and with almost identically the same improvement, is frequently returned by one owner at full price, and by the other at less than one-half. 'fhe fairer the tax.payer the more onerous the burden. The State, in effect, offers a premium to him who shirks instead of to him who willingly and cheerfully complies with the spirit of the law. This is wrong, unjust and inequitable, and can only be cured here, as it has been cured elsewhere, by the creation of county boards, authorized to examine returns, to see that omitted property is put on the books, and that

property of the same kind and value is assessed and taxed alike. But even this does not fully meet the difficulty, for what is true of two neighboring citizens, may be equally true of neighboring counties, or of those more remotely separated. Property worth a million dollars in one may be so returned, but property of an equally aggregate value in another county, may be given in at half its value. Farming lands in one part of the State may be returned at one price, and in another at a very different price. Corporate property may be practically exempt in one part of the State, and highly valued, or valued at full price, in another. Ttiese discrepancies or inequalities are not only in violation of the spirit of the law, but they diminish the State's income at the expense of those who live in the jurisdiction where full returns are enforced. The evil can be speedily corrected by the establishment of a State Board, under whose administration not one dollar of unjust tax will be imposed, but where the unequal burden will be taken from the county and individual now paying too much, and distributed equally among those who are paying too little."
In this connection I desire to call your special attention to the :r;eports of the Comptroller-General and the Attorney-General. These experienqed and conscientious officers make some valuable suggestions and recommendations upon the inequality of taxation, which should receive your careful consideration.

11
AGRICULTURAL SCHOOLS AND FARMERS' INSTITUTES.
I wi,;h to urge again upon your favorable consideration the question of agricultural schools, as presented in my message of November 8, 1902. I feel sure that a thorough investigation of the question will convince you that such schools will supply, in a very large degree, the gap which now exists between our common schools and the State University, the School of Technology, and other colleges throughout the State. It would be much better to have a high school with an agricultural feature connected with it in every county in the State, than to have only one of such schools in each Congressional District, but the lack of funds may make it necessary for us to begin the system with one school in each District.
In line with these schools is the work of Farmers' Institutes. The Trustees of the State University, recognizing the value of such work, arranged last year for a systematic course of Farmers' Institutes throughout the State, under the direction of Hon. C. H. Jordan. The Institutes held under this plan have demonstrated their value to the agricultural interests of the State, and in order that this work may be enlarged and carried on in a more general way, I suggesi: the propriety of making a special appropriation to the Trustees of the University, to be paid out of the fund arising from the fees for the inspection of fertilizers.
PENAL SYSTEM.
With pardonable pride I think the State may look upon the continued improvement in her convict system. An

12
examination of the systems of other States, where conditions are similar to those in Georgia, will show that we are far in the lead. The disposition of convicts by the State is ever a delicate question, and one that is always with us. The object of the law in inflicting punishment upon the law-breaker, is to deter him from a repetition of his sin, and by his example deter others, and no less important is the idea of working in him r1:formation. No system is therefore perfect that does not have prominent in it the aim and purpose of reformation of the criminal. In this respect, in my opinion, Georgia may greatly improve her convict system, by making suitable provision looking to the separation of her juvenile convicts from contact and association with her hardened criminals. Aside from the moral question involveJ, experience demonstrates that it is much less expensive to the State to reform the boy than to care for the hardened criminal. -i recommend legislation looking to the creation of juvenile courts in the principal cities of the State, and establishing reformatories for violators of the law by persons under the age of sixteen years. These delinquent children may be confined at out-door labor, or taught useful trades and subjected to manual work, and with proper and wholesome moral influences surrounding them, reclaimed and made good citizens.
NEW CONVICT LAW.
The Act passed, at your last session, disposin_g of the convicts for a period of five years, commencing April 1, 1904, has been carried into effect, and the provision relative to working the short term convicts upon the public roads

13
seems to be operating very satisfactorily in those counties which met the requirements of the Act for the working of such convicts. There is a provision, however, in section 4 of the Act, to which I desire to call your special attention, and suggest the propriety of an amendment thereto. U oder section 4 it is prescribed that the net hire of the convicts shall be transmitted quarterly by the Treasurer of the State to the Treasurer of those counties which have not received their proportion of felony convicts for work upon the public roads, without regard to whether that hire shall be appropriated for common schools, or for the public roads. In the event the money arising from the hire of convicts is applied to the public roads in a county, it would be proper for the State Treasurer to remit to the County Treasurer; but where the hire is allowed to go to the common schools, as has been the rule in the past, it seems to me to be entirely unnecessary for it to pass through the hands of the County Treasurer, thereby subjecting it to the commissions fixed by law for that officer, when it could be paid out of the State Treasury directly to the County School Commissioner, without any cost whatever. Such an amendment would save to the school fund of the counties intere8ied several thousand dollars annually iu the way of commissions.
STATE EXHIBIT.
In accordance with the provisions ot the Dunbar resolution appropriating $30,000 for the collection of an exhibit of the resources of the State, approved August 17, 1904, the Governor and Commissioner of Agriculture,

14
with the assistance of the Geologist and Assistant Geologists, the Assistant Commissioner of Agriculture and the State Chemist, have collected and arranged for permanent preservation specimens of minerals, granites, clays, kaolin, marble, iron and other precious stones found in the State, and also specimens of products of the fields, forests, orchards and vineyards of the State, and of such other matters as sene to demonstrate the character and productiveness of the soil of Georgia and best illustrate and develop the agricultural, horticultural and geological departments of the State. In the work of making this collection the Governor and Commissioner of Agriculture soon realized that it would be necessary to secure the services of persons specially equipped for the work, and in order to fully carry out the provisions of the resolution, Hon. Dudley M. Hughes was appointed Commissioner and Hon. Glascock Barrett, Assistant Commissioner.
After the collection of this exhibit it was forwarded to the Louisiana Purchase Exposition at St. Louis, Mo., as provided by section 3 of the resolution, satisfactory arrangement having been first made for its safe carriage to and from that point without any expense whatever to the State, except such as was deemed necessary for the protection and preservation of the exhibit. The freight on the exhibit from Atlanta to St. Louis was about $1,500, which was met by private subscriptions, the larger amount, viz., $1,000, having been paid by the Greater Georgia Association. The exhibit is being duly installed at St. Louis, by Mr. Barrett and Prof. W. S. Yeates, State Geologist, and when completed, will be one of the best ex-

15
hibits of the resources of Georgia that bas ever been presented to the public. Upon the close of the Exposition this exhibit will be properly installed in the State Capitol, and will become a splendid means of advertising our resources. It will be necessary, however, on account of the perishable nature of the horticultural display and most of the agricultural products to have them renewed annually, which may be done at a small outlay.
We have '>pent on the 'exhibit to date about $20,000, and we hope to have several thousand dollars left from the original appropriation of $30,000, which may be used for the purpose of supplementing the exhibit upon its return to the Capitol. A report just received from Hon. D. M. Hughes states, that the Georgia exhibit compares favorably with those from other States which appropriated from one to one hundred and fifty thousand dollars for that purpose.
GEORGIA BUILDING AT ST. LOUIS.
It soon became apparent, after the work of collecting the Georgia exhibit began, that it would be necessary to have a Georgia building upon the grounds at St. Louis, in order that our State might have an equal opportunity with the other States in presenting the resources and varied interests to the many people visiting that Exposition. None of the money, however, appropriated by the General Assembly could be used for the purpose of erecting such a building and furnishing same. We then appointed Hon. Hugh V. Washington as a special Commissioner for the purpooe of laying the necessity for such a building before

lo
the people, and after several months' work, in which he had the assistance of Messrs. Hughes and Barrett, he succeeded in securing from various cities, towns and counties, as well as individuals throughout the State, subscriptions in cash and furniture to the amount of about $16,000, all of which have been paid except about $1,500, which we feel sure will be paid during the next few weeks. The building is modeled after " Sutherland," the beautiful home of the lamented General John B. Gordon. The contract price of the building is $14,100, and has been constructed almost entirely of Georgia material. We estimate that the remeining $1,900 will cover the necessary furniture and the expense of maintaining the building during the Exposition.
I had hoped to be able to present to the General Assembly in this message an itemized statement of all subscriptions to this building, and of all expenditures in connection with its erection and furnishing, in order that the people who so liberally subscribed might be fully informed as to the disposition of the money paid over to the Commiss10ners. But the delay in the completion of the building, as well as in the collection of a number of the subscriptions, renders it impracticable for such a statement to be furnished at this time.
The building has just been completed and turned over to our Commissioners,and same was opened to the!public on the 21st instant. The Governor and the Commissioner of Agriculture' feel that special thanks are due Hon. Hugh V. Washington for bis splendid work in behalf of the Georgia building, as be gave freely of bis time and worked faithfully,

17
without compensation, in securing subscriptions which made the building a possibility. We also feel very much indebted to Hon. H. H. Tift, Commissioner of Lumber, and Hon. F. B. Gordon, Textile Commissioner, for their untiring efforts and valuable assistance in securing subscriptions.
CONFEDERATE MEMORIAL BOARD.
As authorized by an Act of the General Assembly, entitled " An Act to create the Confederate Memorial Board of Georgia," approved August 15, 1903, I appointed the following named gentlemen as members thereof, to wit : Capt. R. A. Nisbet, of the county of Bibb; Major J. G. Morris, of the county of Cobb; Col. John 0. Waddell, of the county of Polk; Capt. W. D. Ellis, of the county of Fulton, and Col. W. S. Shepherd, of the county of Muscogee. This board has furnished e. most excellent report, which you will have before you, and to which I invite your careful consideration. Much valuable and interesting information is furnished concerning nineteen Confederate cemeteries located in different sections of the State. Quite a number of these cemeteries are in poor condition, and badly in need of attention. The Board recommends "that some fit and proper person be appointed by the Governor, to visit each cemetery in the State, to make tabulated statements of their condition, and the exact cost of putting those in a state of decay or neglect, if any, in good condition,'' and the board is of the opinion that the sum of $6,000 will be sufficient to put all Confederate cemeteries in the State in excellent condition. This Board. is to be

18
congratulated for its economy, as they have only expended $75.72 for the actual expenses of its members, out of the appropriation of $250.00 made for that purpose.

PUBLIC INSTITUTIONS.

You will have before you the report of the Trustees of

the State University, and of the Board of Visitors to the

University ; the report of the Board of Directors and the

Board of Lady Visitors to the Georgia Normal and Indus-

trial College; the reports of the State Normal School, the

Academy for the Blind, School for the Deaf, and the re-

ports of the "Boards of Visitors to the two last named

,

I

institutions. All these reports contain many valuable

suggestions and recommendations, and will amply repay

careful perusal. I bespeak for them your most earnest

consideration.

STATE SANITARIUM.

I specially invite'your attention to the report of the Board of Trustees of the State Sanitarium. I have recently visited this Institut!on, in company with several members of the Board of Trustees, and found it in excellent condition. The inmates are well ti;eated and cared for; the buildings are in good condition, and the rooms and floors are kept remarkably neat and clean.
Frorp. the report of the Trustees it will be seen that the daily average of patients . under treatment, for the past eight months, was 2,770, and the daily average cost of ~ach patient was only a fraction over thirty cents, which is less, than a:qy idmilar institution of the same class ,in the United

19
States. The ratio of insane in Georgia is low compared to other States, the percentage being 1 to 1,012 of population. In 13 States the ratio is less, and in 32 it is greater than that of this State. This institution is Georgia's greatest charity, and the state is to be congratulated upon the able and efficient administration of its affairs. The farm that is now being run in connection with the Sanitarium is doing a good work, and furnishes recreation and light employment to many of the convalescent patients. From this farm the patients are supplied with all kinds of fresh vegetables and fruits.
The Trustees recently inaugurated a new and most excellent system of duplicate vouchers, and also modernized and greatly improved the system of bookkeeping, so that in the future the fi.pancial affairs of the institution can be m'Jre easily investigated and understood. There is at present some confusion in the laws relative to the management of the Sanitarium and the reception of patients ; and I recommend that a committee be appointed to confer with the Superintendent of the Sanitarium and the President of the Board of Trustees, with the view of revising the laws relating t? the institution.
OFFICIAL REPORTS.
You will also have before you the reports of the Comp, troller-General, State Treasurer, State School Commissioner, Attorney-General, Adjutant-General, Commissioner of Agriculture, Secretary of State, Railroad Commission, Prison Commission, Pension Commissioner, Compiler o:f ,Records, R.ost~r :Commis-sion, State Librarian, KeeperJ of

20
Public Buildings, and such other departments as are required by law to submit annual reports. They contain many valuable suggestions and recommendations, which I am sure will receive your careful consideration, as they bear unmistakable evidence of the efficiency and fidelity of these public servants.
OLD RECORDS.
During the first year of my administration I found in the Archives of the Executive Department twenty-four old Volumes of Executive Minutes, covering a period of fifty years, from 1793 to 1843. These old volumes, for some reason, had never been indexed, and were in a bad state of preservation. These records cover a very interesting and important era of the State's history, and in order that they might be preserved and handed down to future generations, I hav~ had them all neatly and substantially rebound by the State Printer, and am now having them properly indexed.
REWARDS.
The annual appropriation of f2,000 made by the Legislature f,or the apprehension of fugitive criminals is wholly inadequate, as the appropriation for this year has already been exhausted, with the exception of $100, and there are now unpaid claims on hand of more than enough to take up this balance. All rewards are paid from the fund derived from the hire of convicts, and as no reward is paid until after the criminal has been convicted, the State gets the benefit of the hire and loses nothing in the transaction.

21
I therefore recommend that the Governor be authorized to draw on the Prison Fund for a sufficient amount to pay rewards offered for the apprehension of criminals.
STATE'S FINANCES.
The State Treasurer has paid to the common school teachers out of the money appropriated by the Legislature, for the year 1904, the sum of $688,806.50 as against $653,684.48 for the same period of 1903. All pensions and other obligations have been promptly met, and a sum exceeding $;~5,000 more than that of last year bas been paid to the teachers.
Last year it was necessary, in order to meet the expenses of the General Assembly, to borrow $65,000, but if the Treasury receipts for the next fifty days come up to our expectations, I do not think it will be necessary to borrow any amount during the present session. However, in the event the receipts are not sufficient to meet the expenditures, I have arranged, with the assistance of the State Treasurer, to borrow whatever amount may be required at the rate of 2 per cent. per annum, from the following banks: Southern Bank of Savannah; Fourth National Bank of Atlanta, the Neal Loan and Banking Company of Atlanta, and the Exchange Bank of Macon. This is a remarkably low rate of interest, and the banks of the State are to be congratulated upon their ability to make loans at such a rate.
J. l\L TERRELL, Governor.

22
APPENDIX A.
In accordance with the requirements of section 5815 of the Code, I herewith submit report of all reprieves. commutations of sentence, and pardons granted to December 31, 1903.
PAR DONS GRANTED BY THE GOVERNOR.
T. J. GRANADE.-Voluntary Manslaughter. Superior Courfof Fulton county, Spring term, 1902; five years in the penitentiary. Defendant claimed to have acted in self. defense, and newly discovered evidence greatly strengthens this theory, and shows that an assault was actually made on the defendant. Granted June 3, 1903.
HARRY HARR1s.-Misdemeanor. City Court of Rome, March term, 1903; three months on the chaingang: Extreme youth of the defendant, previous good character and two months service. This was his first offense. Granted June 8, 1903.
NATHAN STURGISS. Hog Stealing. Superior Court of Columbia county, March term, 1903; six months. Defendant is an old man, unable to work, and his pardon is urged by many good citizens. Granted J une 8, 1903.
C.H. COLSON. -Larceny. City Criminal Courtof Atlanta. February term, 1903; eight months on the chaingaog. Previous good character; has served four months, and his pardon urged by many good citizens. Granted June 8, 1903.
SAM BRoDNAX.-Murder. Superior Court of Hancock county, Spring term, 1896; life imprison~ent. Defendant only eleven years old when crime was committed, which fact was not proven on the trial, and therefore he did not

23
receive the benefit of the legal presumption in his favor. He has served eight years, and his pardon is urged by many good citizens. Granted June 10, 1903.
MAGGIE MrLLS.-Infanticide. Superior Court of Bartow county, Spring term, L897; life imprisonment. Defendant was a very young and half-witted negro girl, and abandoned a bastard child of other parties and left it to die in the woods. On account of the weakness of her mind she does not seem to have been cognizant of the nature of the crime committed. She has served about six years, with good conduct. Granted June 11, 1903.
PAULINE PERRY.-Larceny. Superior Court of Irwin county, March term, 1903; six months. The Judge who tried her certified that h~ intended to make the sentence three months instead of six months, and he now asks that the mistake be corrected, and the defendant discharged. Granted June 16, 1900.
GYP SouTH.-Burglary. Superior Court of Fulton county. Spring term, 1900; four years. He has served all of his term with the exception of two months, and the camp physician certifies that he is in the last stages of consumption, Granted June 24, 1903.
CHARLESR. WmTE.-Voluntary Manslaughter. Superior Court of Bibb county; five years. Two reputable physicians certify that he has an incurable disease of the heart and varicocele, both of a serious nature. He has served with good conduct, and clemency is urged by many good citizens. Granted July 1, 1903,
HENRY Jo~rns.-Murder. Superior Court of Richmond county, May term, 1890; life imprisoment. Dec~ased did not die until about six months after he was stabbed by the defendant, and his death seems to have been caused more from dissipation than from the wound. Clemency is urged by the Judge, Solicitor-General, and many good citizens.

24
He has served with good conduct thirteen years. Granted July 8, 1903.
WILLIS BENNEFIELr;>.-Perjury. Superior Court of Burke county, Fall term, 1901; four years in the penitentiary. Defendant wal:l only technically guilty; and on account of his advanced age and infirmities, his previous good character and excellent conduct since he bas been imprisoned, it is thought that his punishment has been sufficient. Granted July 14, 1903.
WILLIAM PowERS.-Burglary. Superior Court of Elbert county, September term, 1898; eight years in the penitentiary. The property stolen was only worth three or four dollars, and he bas served nearly six years with good conduct. Granted July 15, 1903.
W. N. KENNEDY. -Shooting at Another. Superior Court of Fulton county, January term, 1903; six months in jail and twelve months in the chaingang. Tudge before whom he was tried expresses doubt as to his guilt. He has served the jail punishment, which the Judf~e considers sufficient. Granted July 21, 1903.
ToM RrcHARDSON.-Voluntary Manslaughter. Superior Court of Glynn countr, Spring term, 1892; fifteen years in the penitentiary. Defendant has served all of his term with the exception of about two weeks, during which time his conduct has been good. Granted July 24, 1903.
ALBERT CowEN.-Murder. Superior Court of Elbert couty, Septemher, 1893; life imprisonment. Defendant was convicted on circumstantial evidence; during his imprisonment he has lost a leg and one eye, and his pardon is urged by many good citizens. Granted July 24, 1903.
CHARLES PHILLIPS.--Larceny from the Person. Superior Court of Muscogee county, May term, 1903; twelve months

25
in the chaingang and six months in jail. Defendant was a weak minded boy, only sixtetn yeai;s of age. He has served the twelve months' sentence and t~ree months of the jail sentence. Granted August 7, 1903.
KING JONES.-Selling Whiskey an.d Gaming. .Superior Court of Clayton county, August term, 1902; twelve months in each case. He has served one term, and the Grand Jury recom)'.llend by special presentment that he be pardoned. Granted September 8, 1903.
BURRELL PHILLIPs.-Murder. Superior Court of Miller c:mnty, February term, 1899. Life imprisonment. The Judge and the jury before whom he was tried express doubt as to his guilt, and recommend that he be pardoned. Granted September 12, 1903.
ED MuRRAY.-Assault with intent to murder. Superior Court of Wilkinson county, October term, 1902; three years in the penitentiary., The judge before whom he was tried and the solicitor general both urge clemency stating that there was grave doubt as to his guilt. Granted Sep tember 12, 1903.
JOHN CARROLL-:--Murder. Superior Court of Fulton county, Fall term, 1895; life imprisonment. Defendant a boy eighteen years of age at the time the crime was committed. Deceased was an immoral woman much his elder who had for months exercised control over him, and whom, in his sober moments he endeavored to shun. His pardon, is urged by the solicitor-general who prosecuted him, the grand jury which indicted him, and the jury which convicted him. Granted September 12, 1903.
CHARLES H. LocKSLEY.-Murder. Superior Court of Richmond county, October term, 1887. Life imprisonment. Defendant was a boy about twelve years 0f age and killed deceased in a sudden heat of passion. The crime might have been reduced to manslaughter, and since de-

26
fondant has served more than sixteen years, it is thought that his punishment has been sufficient. Granted Septern ber 12, 1903.
JAMES R. McUoy,-1\iisdemeanor. Two cases. Superior Court of Walker county, August term, 1902; twelve months in one case and six months in the other. He has served with good conduct eighteen months, is an old Confederate soldier sixty-two years of age, and unable to do hard manual labor. His conduct has been good. Granted September 12, 190~.
POMP BRASWELL.-Murder. Superior Court of Montgomery county, October term, 18\J0; life imprisonment. He claims that the killing done by him was in self-defence. He is now sixty years old and has served more than thirteen years actual time with good conduct. Granted October 9, 1903.
JORN HARRIS. - Carrying concealed weapons. City Criminal Court of Atlanta, May term, 1903; ten months on the chain gang. His character prior to the offense was good and he has served with good conduct. Granted October 9. 1903.
L. A. HESTER.-M.urder. Superior Court of Campbell county, February term, 1901; life imprisonment. He was indicted with l"everal others and the others were convicted largely on his testimony. He has served with good conduct. His pardon is urged by more than six hundred good citizens of Campbell county. Granted October 10, 1903.
Os. PIERCE.-Misdemeanor in two cases. Superior Court of Fannin county, October term, 1902; eight months in one case and six months in the other. On account of the punishment he has already undergone, having served about twelve months on the chain gang, and paid a fine of$:25.00 to the town of Blue Ridge, for an offense growin6 out of the same transaction, it is thought his punishment has been sufficient. Granted October 10, 1903.

27
MANS. H1cKs.-Misdemeanor. City Court of Griffin, January term, 1903; twelve months. Defendant is in a pitiable condition, suffering from blood poison and consumption, and unable to do manual labor, and has already served nine months. Granted Octobea 10, 1903'.
D. E. SwAIN.-Simple Larceny. Superior Court of Telfair county, July term, 1901; three years in the penitentiary. It now seems that he was not guilty of the offense charged. Has already served over two years of the sentence with good conduct. Granted October 10, 1903.
WILLE. CHAMBLF.Y.-Bigamy. Superior Court of Carroll county, October term, 1902; two years in the penitentiary. Has already served one-half of his sentence, and on account of previous good character, the judge and the solicitor who tried him recommend that he be pardoned. Granted October 10, 1903.
,v1LL BRucE.-Murder. Superior Court ofFulton county, March term, 1896; life imprisonment. He ";as convicted for murder in the second degree, and subsequent to his trial, the person who actually committed the homicide was convicted and sentenced to eight years. Defendant has already served more than eight years and his punishment is thought sufficient. Granted October 12, 1903.
CHUB WALL,-Murder. Superior Court of Rabun county February term, 1901; life imprisonment. Circumstantial evidence on which he wae convicted, and newly discovered evidence creates grave doubt as to his guilt. Clemency urged by officials and a large number of citizens. Granted October 13, 1903.
HARRISON RoBERTs.-Misdemeanor. City Court of Buford, April term, 1903; twelve months. Has served seven months. Is now suffering with valvular heart trouble, dropsy, and Bright's disease. Granted November 16, 1903.
STF.WART HARRis.-Voluntary manslaughter. Superior

28
Court of Rockdale county, April term, 1903; four years in the penitentiary. Defendant claimed that he was justifiable in the killing, but acting on the advise of counsel, he plead guilty to voluntary manslaughter. Character good prior to conviction. Granted November 27, 1903.
CICERO ANDERSON.-Gaming. City Court of Atlanta, September term, 1903; fine of $50.00 or eight months on chain gang. In view of the fact that he is suffering with consumption, the trial judge and solicitor recommend his pardon. Granted November 27, 190~.
JoE_ SMITH.-Forgery. Two cases. Superior Court of Fulton county, Spring term, 1896; five years in each ca::se, He has already served more than seven years and is now suffering with consumption. Granted November 27, 1903.
JACK HARRis.-Burglary. Superior Court of Forsyth county, February term, 1890; twenty years in the penitentiary. Has already served thirteen years of his sentence and the judge who imposed the sentence recommend his pardon. Granted November 27, 1903.
EuGENE SUTTON AND JESSE THoRNToN.-Robbery. Superior Court of Clayton county, February term, 1002 ; four years. Defendants were very young, !tnd the crime consisted in taking by force, from a younger boy, a bucket containing some food and a cap. They have already served three years with good conduct. Granted November 27,
mos.
BILL BAKER.-Vagrancy. Superior Court of Talliaferro county, August term, 1903; six months. Newly discovered evidence shows that he was a negro of good reputation for work and general character, and that he was not a vagrant. Granted December 1, 1903
WEBLEY SHERMAN.-Murder. Superior Court of Wilkes county, May term, 1893; Life imprisonment. He was con-

29
victed on testimony and under circumstances which left grave doubt as to his guilt. The judge, solicitor, and the trial jury recommend clemency. ,He has served ten years -with good conduct. Granted December 10, 1903.
CHARLES WEEMs.-Gaming. City Court of Atlanta,, September term, 1903; six months. Since his conviction his wife has died, leaving three small children, with no one to care for them. Has already served one-half of his sentence with good conduct. Granted December 11, 1903.
J. C. ROBERTs.-Arson. Superior Court of Dooly county, March term, J899; five years in the penitentiary. He has served all of his sentence except about three days with good -conduct. \\'as convicted on circumstantial evidence and has always protested his innocence. Granted December 12, 1903.
HENRY LAcY.-Murder. Superior Court of Paulding -county, August term, 1882; life imprisonment. He was convicted with two others who have already been pardoned, and having served a term equivalent to the terms of the othe;r two, it is thought that his punishment has been sufficient. Granted December 14, 1903.
DAVE RAY.-Larceny. Superior Court of Telfair county, .July term, 1901; three years in the penitentiary. Has served over two years with good conduct. Previous good -character. Granted December 14, 1903.
MATT JENKINs.-Illega_l sale of whiskey; City Court of Carrollton, December term, 1902; twelve months on the -chain-gang. Has served all but a few weeks of her senence and since her incarcerat'ion her husband has died leaving several small children, d,ependent and destitute. -Granted December 14, 1903.
ELISHA FALLS. -Voluntary Manslaughter. Superior ,Court of Fannin county, October term, 1902; two years in

30
the penitentiary. The offense was committed in a drunken spree, and under mitigating circumstances. He is now in a bad physical condition. The judge, solicitor and trial jury urge clemency. Granted December 14, 1903.
RoBERT E. LANGLEY.-Robbery. Superior Court of Fulton county, January term, 1901; five years in the penitentiary. He was only seventeen years of age and was induced to commit the offense by an older person. He has served more than three years, and clemency is urged by a large number of good citizens. Granted December 14, 1903.
PATRICK CoNNoRs.-Voluntary Manslaughter. Superior Court of Chatham county, Spring term, 1897. li'ifteen years in the penitentiary. The crime was committed under great provocation and defendant was tried three times before he was finally convicted. Defendant has served more than six years with good conduct. Granted December 14, 1903.
ALVIN Yomw.-Vagrancy. City Court of WaycrossJuly term, 1903. Twelve months on the chaingang. The County Commissioners and County Physician certify that defendant is an imbecile and unable to work. Granted December 14, 1903.
GEORGE STANToN.-Assault with Inteut to Murder. Superior Court of Fulton county, September term, 1897; convicted in two cases and sentenced to five years in one caseand three years in the other. Both offen~es grew out of the same transaction, and it is thought that he has been sufficiently punished. Granted December 14, 1903.
JEW~TT S. CAT,LAWAY.-Assault with Intent to Murder. Superior Court of Oglethorpe county, May term, 1901; four years in the penitentiary. He plead guilty to the charge, and hati served nearly three years of his sentence with good conduct. Granted December 15, H/03.
FRANK KEMP.-Murder. Superior Court of Macon

31
county, October term, 1898; life imprisonment. He was jointly indicted with another for murder and it now appeara that he was not guilty. Granted December 16, 1903.
H. W. BoHANNo~.-Car Breaking. Superior Court of Whitfield county, October term, 1897; ten years in the penitentiary. He was convicted with several others. He plead guilty, and it was largely on his evidence that the others were convicted. Has served over six years. Granted December 18, 1903.
SANDY THOMAS. -Forgery. Superior Court of Bibb county. June term, 1903; four years in the penitentiary. The amount received was very small and prompt restitution was made. Previous good character, and good conduct since conviction. Granted December 30, 1904.
HE~RY LYLE.-Murder. Superior Court of Fulton county, Octob~r term, 1901; life imprisonment. From the evidence it is doubtful whether defendant killed deceased or whether she took poison. In view of the mitigating circumstances and the strong appeal-; for clemency, it is thought he should be released. Granted November 6, 1903.
SENTENCES COMMUTED.
JOHN PERRY.-Murder. Superior Court of Whitfield county, October term, 1902; sentenced to be executed. Since the trial it is shown that a short time before the homicide was committed, the deceased knocked defendant down and kicked him out of his show tent. While smarting under the indignities heaped upon him defendant killed deceased. Sentence commuted to life imprisonment, August 4, 1303.
GEo. F. GrLBERT.-Burglary. Superior court of Ware county, April term, 1903; four years in the penitentiary. Defendant was convicted of stealing ten dollars worth of clothing from a railroad car. The trial jury recommended

32
that he be punished as for a'misdemeanor. The Supreme Court on hearing of the case divided as to whether Burglary was proven. Sentence commuted to a fine of $1,000.00 and cost, September 12, 1903.
R. L. GoLDING.-Hog Stealing. Superior Court of Liberty county, May term, J902; thrne years in the penitentiary. In view of the conflicting testimony on the trial of the case, and defendant's previous good character, sentence cummuted to a fine of $100 and costs, or twelve months in the chaingang, Septem her 12, 1903.
JoHN R. JoNEs.-Larceny. City Court of Atlanta, March term, 1903; eight months in the chaingang. Pending the trial of his case he was kept in jail about six months, which was thought sufficent pnishment. Sentence commuted to six months jail service, September 12, 1903.
CLARA JoHNSON.-Vagrancy. City Court of Macon, August term, 1903; fine of one hundred and, twenty-five dollars, or ten months in the chaingang, Prior to her conviction she was married, and her husband desires to pay a fine of $75.00 and have her released. Sentence commuted to a fine of $75.00. September 12, 1903.
JIM Krna.-Simple Larceny. .Superior Court of Pulaski county, August term, 1903; fine fifty dollars and cost, or twelve months. After the time had elapsed for the payment of the fine, he tendered the amount to the Sheriff, Sent~nce commuted to, payment of the fine of $-50 and costs. Septem her 15, 1903.
JoHN SKELTON.-Seduction. Superior Court of Newton county, September term, 1902; five years in the peniten, t1ary. Newly discovered evidence shows that defendant was not guilty of seduction, but of a lesser offense. Sentence commuted to one year in the penitentiary, October 10, 1903.
JoE NEAL.-Simple larceny. Superior Court of Baker

33
county, September term, 1903; two years in the penitentiary. All of the trial jurors say that it was their intention to have him punished as for a misdemeanor. Sentence commuted to a fine of one hundred dollars, October 10, 1903.
GRANTLAND HoLLINGSWORTH.-Misdemeanor; two cases. City Criminal Court of Atlanta, July term, 1902; fine of fifty dollars, or eight months, in each case. Defendant was only seventeen years old ; this was his first offense, and he had previously borne a good reputation. Sentences in both cases commuted to a fine of fifty dollars or eight months, October 10, 1903.
OLIVER HENDERSON, JR.-Bastardy. County Uourt of Newton, August term, 1903; fine one hundred dollars and costs, or twelve months in the chaingang. His previous character is shown to have been excellent, while the woman bore a bad reputation. Sent(1nce commuted to a fine of fifty dollars, October 13, 1903.
w. H. FoRDHAM.-Murder. Superior Court of Laurens
county, July term, 1901; life imprisonment. He was jointly indicted with several others, and all seem to have been equally guilty. Defendent was convicted of murder, while the others were convicted of manslaughter, and it is thought that his sentence should be commuted to the same length of service as the others. Sentence commuted to five years in the penitentiary, October 15, 1903.
J. T. SToNE.-Subornation of perjury. Superior Court of Morgan county, March term, 1903; five years in the penitentiary. His previous character was good, and he was convicted on the testimony of several disreputable negroes, who were self-confessed perjurers. Sentence commuted to a fine of two hundred and fifty dollars, or twelve months, November 6, 1903.
WESLEY SMITH.-Larceny from the House, in two cases.

34
-City Court of Atlanta, September term, l!a03; fine of $50 or twelve months in each case. His pre\'ious character was shown to have been good, and the property stolen was of small value. Sentence commuted to $,50 in each case, or six months in the chaingang, November 27, 1903.
WESLEY SIMMONs.-Four Misdemeanors. Superior Court of Bartow county, November term, 1901; twelve months in two cases, and six months in each of the other cases. Defendant served the greater portion of his sentence, and the same was commuted to payment of a fine of $35, No, vember 27, 1903.
ARTHUR JoNEs.-Assault to Murder. Superior Court of Dodge county, August term, 1903; twelve months. He plead guilty, and was sentenced to pay a fine of $65 or twelve months. At first he was unable to pay the fine, but now desires to do so. Sentence commuted to a :Gue of $50 November 27, 1903.
WESLEY REAVES.-Assault with intent to Mm'<ier. Superior Court of Wilkes.county, May term, 1903; two years in the penitentiary. A large number of citizens urge elem, ency on the ground of defendant's previous good character and the weakness of the testimony against him. Sentence commuted to six months, December 14, 1903.
JAMES WHITE.-Murder. Superior Court of Catoosa county, Fall term, 1903. Sentenced to be executed. The killin'g occurred in a mutual combat between the defendant and the deceased, and the Judge who tried him and the Solicitor who prosecuted him say that the jury could, with propriety, have recommended life imprisonment. Sentence -commuted to life imprisonment, December 30, 1903.

35
REMOVAL OF DISABILITIES.
W. S. BRoWN.-Murder. Superior Court of Talbot county; life imprisonment. He was pardoned some year:s ago, and has since been a good citizen. Granted July 21, 1903.
CHARLES DRIVER.-Extortion. Superior Court of Glynn county, December term, 1902. His guilt was only technical. He has paid the fine imposed by the court, and has been a law-abiding citizen. Granted October 9, 1903.
ELIAS CoLLIER.-Larceny from the house. City Court of Atlanta, August term, 1899. He paid the fine imposed upon him, and has since been a good, law-abiding citizen. -Granted December 14, 1903.
FoRT McLEROY.-Burglary. Superior Court of Muacogee -county, Fall term, 1898; three years in the penitentiary. Since serving out the sentence imposed by the court he has established a good character in the comm unity where he resides. Granted December 14, 1903.
RESPITES GRANTED.
LEE CRIBB.-Murder. Superior Court of Coffee county, March term, 1903. Sentenced to be executed on November 10, 1903. Respite granted until December 11, 1903, in order that the Prison Commission might have sufficient time in which to consider an application for the commutation of sentence. On December 9, 1903, he was again respited until December 18, 1903, in order that a Board of Physicians might examine him an<l pass upon the question of his sanity.