Governor's message to the General Assembly of Georgia [Joseph M. Brown], June 22, 1910

Governor's l'1essagt~
To the
General Assembly
of Georgia.
June 22, 1910.
C1us. P. Bnw. State Prir,ter, 19ll

Governor's Message
To the
General Assembly of Georgia.
June 22, 1910.
ATLANTA, GA.
CHAS. P. BYRD, State Printer, 1910.

MESSAGE.
STATE OF GEORGIA,
]XECUTIVE DEPARTMENT,
ATLANTA.
June 22, 1910.
To the General Assembly:
'11 hrough the blessings of a beneficent Providence the past twelve months have been replete with prosperity for our people. The husbandman has received a gratifying reward for the fruits of his toil; the laborer in the city has found employment at remunerative wages, and those in other avocations have reaped more than the average allowance of the enjoyments of life.
It is especially gratifying that the asperities which had marred the relationships with each other of many of our citizens have been softened or entirely allayed and that peaceful pleasures are now the happy lot of the generality of Georgians.
It is to be sincerely hoped that this rest from
political agitation will long continue and that our people will co-operate in friendly accord in all endeavors to build up our commonwealth and to perpetuate mutual toleration and good will.
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In this spirit I commend to you the kindred hope that in our conduct of the people's governmental affairs we may hold ever in mind that the humblest is entitled to the same consideration as the highest, that equality is the standard by which we must measure all and that fair play is the freeman's right.
REGISTRATION LAw.
With the desire to protect, therefore, the rights of the people of Georgia, I respectfully call your attention to the serious defects and unnecessary barriers in the registration law passed by your immediate predecessor, and repeat the recommendntion made in my first message regarding the provision which closes the books six months before elections.
In addition to the reasons I advanced in that message, I will add others that have been demons-
trated to be valid, together with data that have been
collected. The operation of the above provision of this law, when taken in connection with the registration and subsequent elections in various municipalities in the State, proves that it directly and flagrantly discriminntes against the residents of the country districts and in favor of the residents of the cities and towns. To illustrate this fact I give the following list of municipalities in which elections were held to determine the issuance of bonds for waterworks, electric lighting, street paving, building of school houses nnd bridges, etc., and for other other improvements, or for annexation of suburbs, or for municipal primary elections, and for other purposes:
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CITY OR TOWN

PURPOSE

DATE REGISTRATION DATE OF ELEC- TIME INTER-

-~--------i__________ BOOKS CLOSED

TION

VENING

Athens______________ Bonds ______________ Last Year's Registration ___ March 2nd ________________________ _

Atlanta _____________ Bonds______________ February 4th __________ February 15th _______ 11 Days.

Co:umbus ___________ Bonds ______________ Last Year's Registration ___ February 10th_ __________________ _

Donalsonville ________ Bonds _______________ April 30th. ____________ May 10th ___________ 9 Days.

East Macon _________ Annexation__________ March 10th____________ March 19th__________ 8 Days.

Gainesville __________ Bonds ______________ Last Year's Registration ___ April 2nd _________________________ _ Ol Grantville ___________ ,Bonds_______________ April 6th ______________ April 16th___________ 9 Days.

LaFayette ___________ iBonds_ _ _ _ __________ March 16th ____________ March 22nd ___________ 5 Days.

Montezuma ___________ Bo:ids _______________ April 22nd _____________ May 3rd_____________ 10 Days.-

Rome _______________ lCity Election ________ February 18th _________ March 1st ___________ 10 Day~.

South Macon ________ fAnnexation __________ Febr~ary 1_9th _________ M.arc~2nd___________ 10 Days. Sparta ______________ Bonds ______________ .N" o Reg1strat10n ______ - _- _ May 3rd____________________ _

Sylvania ____________ '!Bonds ______________ April :30th_______________ May 10th____________ 10 Days.

"Union City __________ Bonds______________ April 2nd _____________ April 9th ____________ 6 Days.

- - - - - - - - - - ~ ~ - -' - - - - - - - - - - --- - - - - - --------~~~-~-------

------ ------------ -~---

It is well known that the avowed purpose in fixing the excessive time limit of six months between the closing of the registration books and the date of the election was to purify the ballot by shutting out the "venal voter," the "hobo," the "wiirdheeler, '' and the like. These nefarious classes were represented as being mainly residents of the large cities. Yet, we find Atlanta closing her registration books only eleven days before voting on the question of binding herself to the payment of $:),000,000 in bonds, an amount equal to almost half of the public debt of the State. ~~nd we find Macon, Columbus, Grantville and Rome closing their registration books from eight to eleven days before the dates of elections of momentous interest to their citizens, while Gainesville and .Atbens votea. without requiring any registration this year.
So, too, at LaFayette the time-limit between the registration and the election was only five days and in the other municipalities named this limit was in each case less than thirty days. Again, it has recently been decided that Atlanta for her election of city officials on vVe?nesday, December 7th, will not close her registration books until November ~8th. Yet, in the same counties wherein aU the foregoing cities and towns are located, and in other counties, the residents of the country districts, in elections in which they take part, must register six months before the date of casting the ballot or they are debarred from the power to vote, that power which was once held to be the right of freemen inalienable save by the commission of crime.
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Therefore, while it has been the current belief that the "venal voters" and other obnoxious classes, whom this law would debar from the ballot box, are the dwellers in the city slums, or are tempora.ry importations thereto, the law itself, by its operation, says that these "venal voters" and the Eke are confined almost entirely to the country districts; for, as I have shown, one great city can vote an enormous issue of bonds and another can transform country people into city people-the most radical of changes in our system of government-on a few day's notice, while the countryman must register six months before election day so as to give the registrars sufficient time in which to examine carefully each individual's status, to purge the lists and throw out all who are "venal voters" or "ward-heelers" or "hoboes.''
I respectfully submit that this inevitable logic of the law is an uncalled for and unjustifiable aspersion on by far the greater portion of the electorate of Georgia; and it places them under a discrimination as needless as it is unmerited.
Yet, the glaring disabilities in the exercise of the voting power which this registration law places upon chiefly the country people of Georgia becomes still more distinctive when we note the following compilation of registration laws prevailing in other States as they bear on the time for closing the lists,
YJZ.:
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COMPILATION OF REGISTRATION LAws OF DIFFERENT STATES, SHOWING DATES FOR CLOSING BooKs :
ALABAMA: Books close three months before the general election, but are reopened on Friday and Saturday before any general, special or primary election for the registration of those who came of age after the books closed or had been unavoidably prevented from registering.
ARKANSAS: No registration is required.
CALIFORNIA: Books are closed forty days before each general election, and twenty days before each primary election.
COLORADO: Books are closed thirty-five days before general elections.
CONNECTICUT: Books are closed on fourth Monday next preceding general elections.
DELAwARE: Books are closed on third Sa;turday next preceding date of general election.
. . FLORIDA: Books are closed on second Saturdav of the month next preceding the day of election.
GEORGIA: Books are closed six months before the general election.
IDAHO: Books are closed on Saturday next preceding date of general election.
ILLINOIS: Books are closed on Tuesday of the week preceding the election.
INDIANA: No registration of voters required.
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lowA: Books are closed on second Saturday next preceding date of election.
KANSAS: Registration required m cities only and books close ten days before election.
KENTUCKY: Registration required in cities and towns only and books are closed thirty days before election, but voters may register by affidavit the day before the election.
LoursIANA: Registration books closed thirty days before all elections.
MAINE : Books are closed from one to four days before the election in towns and cities and on day of election in country precincts.
MARYLAND: Books are closed three weeks before the election.
MASSACHT:SETTS: Books are closed on last Saturday before primary elections, and, in cities, twenty days before general elections, and, in towns, on the last Saturday but one before general elections.
MICHIGAN: Books are closed in townships on Saturdays before elections and in cities one week to ten days before.
MINNESOTA: Books are closed on Tuesdays before day of general elections.
MISSISSIPPI: Books are closed four months before general elections.
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Mrssoum: Registration is required in cities only and books close twenty days before elections.
MONTANA: Books closed ten days before elections.
NEBRASKA: Xo registration required exce1)t in cities above 10,000 population and only brief interval between closing of books and elections.
NEVADA: Books are closed just a few days before elections.
NEw HAMPSHIRE: No registration is required.
NEW ,JERsE: Books are closed two weeks before elections in cities of more than 33,000 population-on 'l'uesdays next preceding general elections at other places.
KEw Yom<: Personal registration required only in towns and cities of 5,000 or more population. In New York City books are closed 22 days before elections; elsewhere, where personal registration is required, on the third Saturday before elections; where personal registration is not required, on the fourth Saturday next preceding general elections.
Noirn-r DAE.OTA: Books are closed on last Tuesday next preceding general elections.
Omo: Registration required only in cities on Presidential years alone, excepting cities of 100,000 population.
OK.LAHOMA: .. Permanent registration prevails, hut voters may get their names on the lists as. late
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as Saturday preceding elections, general or primary.
OREGON: Books are closed nine days before primary, and twenty-one days before general elections.
PENNSYLVANIA: Registration is required only in cities and hooks are closed four weeks before primaries, and 35 days before general elections.
RHODE IsLAND: Automatic registration of tax-payers prevails, and books for the registration of non-taxpayers are closed on June 30th ead1 year.
SouTH CAROLINA: Books are closed thirty days before elections.
SouTH DAKOTA: Books are closed on last Tuesday next preceding elections.
TE:N"NESSEE: Books are closed twenty days before elections.
TEXAS: Presentation of poll tax receipt entitles one to vote, but payment must be made before February 1 of the year in which elections occurs. Poll tax must be paid in person only in cities of more than 10,000 population. No requirement as to property tax.
L TAH: Books are closed on the first wednesday
prior to the general elections.
VERMONT: Personal registration is not required. Lists are prepared by Boards of Civil Authority thirty days before elections.
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VIRGINIA: Books are closed thirty days before elections.
WASHINGTON: Books are closed twenty days before elections, but registration is required only in precincts of more than 250 voting population.
WrnT VIRGINIA: Books are closed ten days before elections.
WrscoNsIN: Registration required only in cities of more than 2,000 population and books close on Tuesdays next preceding elections.
~\:V YOMING: Books are closed twelve days before elections.
It will be noted that in Texas only is there a limit approximating that required by the law in Georgia, but in Texas the payment of poll tax alone is the prerequisite, whereas in Georgia all taxes must be paid six months in advance of the election and, in addition, the voter must, in person, register six months before the election. In rrexas one specific act only is required, and it may be performed by friend, neighbor or agent of the voter, except in cities of more than 10,000 population, where it must be in person, while in Georgia two specific acts are required and one of these must, without exception, be performed by the voter in person.
It is a Constitutional requirement that all taxes must be paid six months before the election in order
that the voter may be qualified to exercise the fran-
chise. Is not this a sufficiently drastic requirement,
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is it not in itself an adequate saf~-guard against "padding" without the additional prerequisite that the voter must go in person to the tax-collector's office, at least six months before the election, and sign the voters' list, without recourse in case sickness, business necessity, absence from the State or even excusable lneg1ige!nce prevents him from so doing? Should not the payment of taxes six months in advance of the election in itself be indicative of the voter's integrity, in itself indicate that he is no "venal voter," no "hobo," no "immigrant," but a good citizen?
In no other State of the Union are such multiplied impediments placed upon the exercise of the most sacred. right of the free citizen.
Finally, as proving that the present registration law has inflicted a blow to the white electorate of Georgia which is truly appalling in its magnitude, I can attention to the fact that by the :Wederal census of lD0J, after deducting the non-naturalized foreignerf', there were in this State 274,797 white males 21 years of age and upwards.
If during the past decade the population has increased proportionately as rapidly as it did during the previous one, viz: 20 per cenL we can estimate the present number of white males of voting age in Georgia at 3:29,576.
The reports of the registration in the State under the present law, as published in the daily press, indicate thnt there are now registered about 212,000 white voters.
Hence, by the operation of this law in effect, even
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after making liberal allowance for those made permanently ineligible by the Constitution, it appears that upwards of 100,000 white citizens are debarred from the right to vote in the elections of this year. The restrictiorn, plnced in the Reeonstruction Constitution of 1868 did not by many thousands so restrict the right of suffrage to the white citizens of Georgia.
It is superfluous to argue that there are not 100,000 '' venal voters,'' '' hoboes, '' ''ward-heelers,'' and other objectionables among tJ1e white citizenry of Georgia, as those who contend for existing restrictions would by inference intimate. In several counties where the effect has been most glaring in depriving white citizens of their Constitutional right to vote, negroes sufficient in number to easily hold the balance of power in case of a close division of the whites have qualified.
I hold that the white citizenry of Georgia is honest, intelligent and responsible, and that each unit of it should have available the power to protect his rights by the freeman's weapon, the ballot.
I, therefore, recommend that the limit between the close of the registration books and the date of elections be reduced to thirty days.
The ends of good government demand that the person who makes venal use of the franchise shall be denied the privilege of voting, but beeause he is per se a voter is no ground upon which to base a suspicion of venality. The law should be aimed at the eriminal and not at the honest man. It is not
fair to disfranchise possibly 50 good citizens in order
to catch one venal voter. 14

It will, I believe, be admitted that those voters/ excepting negroes, at whom stringent regulations are aimed, will be found almost exclusively in the cities. Not that the citizenry of our municipalities' is not of a high order, but owing to the thick population election evils may be more easily perpetrated in them in rural communities. I make the suggestion, therefore, that if discrimination is to be made it be in favor of rather than against the rural voters; that if we must have severe restrictions they be placed upon the cities alone. Reference to memoranda given above will show that in many States that are noted for their progressive legislation with regard to the ballot no registration is required in purely rural communities.
If registration should be required in rural communities, better provision for the convenience of the voters should be made. Registrars should be provided for each militia district, or the tax-collector should be compelled to visit in person or by agent each militia district on some fixed or advertised days before each primary or general election for the purpose of affording each voter this facility without extreme inconvenience to him. It is proper to add that by the census of 1900, 89 per cent. of the population of this State resided in the country, a large proportion of them many miles from the court houses.
p PROMPT AYMENT OF TEACHERS.
In my first message to your honorable bodies I also called attention to the propriety of devising some plan for the prompt payment of the school
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teachers of the State, and suggested that there be an amendment to the Constitution authorizing the. issuance of about $600,000 of bonds, the proceeds of which to be used to create a permanent loan fund for the payment of teachers' salaries to be returned to this loan fund in December when the taxes are collected.
Parenthetically, let me say diat it is not the means but the end which I consider most important. It is not so much a matter of how the teachers shall be paid, but that they should be paid. The State owes it as a duty to those who serve it-most particularly to those who serve the future State by training rising generations-to be in position to meet every obligation when due. Delay in meeting bill:c; is less excusable in the State than in private business.
If the proposed plan is adopted and the State should within a year or two determine by one tax levy to extinguish this entire indebtedness a rate of one mill on the present taxable valuations of property in the State would more than provide the necessary amount. If, therefore, only $100,000 of this indebtedness was retired each year it will be seen that the annual burden would not be great.
It is fair to state that the plan which I advanced
has been criticised, hence, it is in order to call attention to the fact that this plan, if adopted, will inure mainly to the benefit of the teachers in the country districts and the small towns. The teachers in the city schools generally get their salaries promptly through means adopted by the municipality. At
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lanta, for instance, not only pays her teachers monthly, but within the month of February of the current year she voted a bond issue of $3,000,000, a considerable portion of which was for the building of new school houses. The city's bonded indebtedness was already $3,995,500.00. This new issue of bonds, therefore, increased her total indebtedness to $6,995,500.00, or about 6 per cent. on $115,765,696, the total assessed valuation of her taxable property.
The present bonded debt of the State of Georgia amounts to $7,034,202.00, which is less than one per cent. on $725,018,187.00, the total amount of the assessed valuation of her taxable property.
r:l'he bonded indebtedness of the other chief cities of the State range from two to nearly six per cent. of the amount of their assessed taxable values, and their tax rates which are uniformly higher than the tax rate of the State are in a large measure levied to pay the salaries of their school teachers promptly, hence it would seem that the people of the cities ought not to object to the plan which requires a small increased burden-and that a temporary one-to secure the prompt payment of the salaries of country school teachers.
Nevertheless, as I stated in my first message, should you in your wisdom adopt some other practicable method by which the same result may be secured, it will receive my hearty concurrence.
In this connection, I would direct your attention to the need of better laws governing our system of popular education. Our State School Department is barely more than a clerical bureau or-
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ganized for the purpose of distributing the educational fund appropriated by the State, and for that purpose even it not as well provided for as its importance deserves. This Department, which is expected to supervise the distribution of two and onehalf millions of dollars-or approximately one-half of the State's total revenue-annually, is operated at less than $5,000 annual expense. Its head, who is supposed to be the head of our public school system, gets a salary which is smaller than that paid to the superintendents of schools in many towns and counties. It is fortunate that we have been able to secure high types of educators so devoted to the
-work that they are willing to head this Department
for the small remuneration, but it is not fair to expect such personal sacrifices, and besides we face the danger of being unable to retain or secure a thoroughly competent person, for this important office.
r11he State Board of J,:;ducntion should be so reorganized as to be composed of experienced educators, and its authority should be extended; the State School Commissioner should be made State School Superintendent, in fact as well as in name, with authority to give, under the supervision of the State Board of J,Jducation, some direction in the modes by which the school appropriations should be expended in different communities. Such changes, I believe, would mean improvements to the public schools as a whole of such nature as would equal in efficiency an additional expenditure of a quarter of a million dollars under our present lax methods.
I am advised many counties are now drawing
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more money out of the State Treasury for public schools than they put in, in all kinds of taxes, and it is but fair that the State which provides the means, though it comes direct from the people, should be able to exercise some authority in seeing that it is expended to the best advantage in securing the object intended.
BETTER TAXING SYSTEM NEEDED.
Bearing in mind now that to the tax-payer is our first and highest duty, let me say that in naught is reform more needed than in our tax-levying methods. 'l'he present system is old, cumbersome, crude, inadequate and unjust. No principle of government should receive greater reverence and care than that which says that all the burdens of government shall be borne equally by the beneficiaries. It is just as necessary that there be equal obligation and duty as that there should he equality in the distribution of benefits. No one who has given the matter examination will argue that the burden of taxation is equally horne by the citizens of Georg,ia. Instead, the greatest of inequalities exist and will continue to exist until some method by which this burden shall be equally distributed has been adopted.
Our present system is essentially one of voluntary contribution; as our learned ..Attorney-General has aptly said, it is a case of '' merely passing the hat." The result is that some are heavily taxed as compared with their neighbors, and some who reap most lavishly of the benefits of good government fail to pay their proportionate share. The lamentable
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feature is that in the former class will, in the main, be found the small tax-payer, the humble owner of a cottage home, the ruralist with his few acres or few heads of stock, the workman with nothing but his
household goods. In the latter will be found many
of the owners of large properties, wealthy corporations and affluent non-residents.
Something should be done to insure the return of the large estate and the gTeat holdings of corporations, on the same ratio of valuation as characterizes the returns of the owners of small properties, and to insure the return at equitable valuations of personal property upon by far the larger part of which no taxes are paid. Something should be done to see that property in each county shall be taxed by the State on the same basis of valuation that prevails in other counties. As it is now assessments are made without bare semblance of uniformity though the State tax rate is the same in all.
Therefore, I repeat the recommendation of my first message regarding the creation of county Boards of Equalizers, whose duty it shall be to revise all returns made to the tax receiver and to reject and assess those found to be at valuations less than the prevailing standards, and to search out and assess all property, personal or otherwise, which is not returned, of course providing opportunity in all cases for the tax-payer to be heard. There should a1so be a State Board of Equalization whose duty should be to see that the same standard of values is adhered to in each county, in order that there may be uniformity among counties, and to revise the re-
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turns of public service and other corporations such as make returns to the Comptroller-General, and to reject them when too low and assess them at the prevailing or proper standards of value. This system would be less expensive, fairer to all concerned, and less productive of inequalities than the present method of arbitration.
The cry may be raised that this will increase taxes. No greater sophistry could be employed to deceive the unsuspecting mind. It will not mean that the total amount of taxes paid shal1 be more. It will mean that some who are now paying less than their share will be compelled to pay more, while some who are paying more than their due wiU pay less. Larger assessed valuations, with the corresponding decline in the tax rate that will follow, will do much to place this State before the business world in a true light. If our assessed valuations were $1,500,000,000which in real value they are, or more-and our tax rate 2V:2 mills, no more taxes would have to be paid than now yet we would stand before the connfry as one of its richest communities and having one of the most economical of governments.
In North Georgia there is a county where improved lands were returned in 1908 at an average valuation of $12.:24 per acre, while in an adjoining county they were returned at $6.65; in middle Georgia one county returns improved lands at au average valuation of $5.84, while an adjoining county pays taxes on the snme kind of property at an average valuation of $3.89 per acre; in South Georgia will be found a county where improved
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lands are assessed at an average of $12.86 per acre, while one adjoining pays taxes on an average valuation of $2.73 per acre.
,Vithin the territory comprising the municipality of Atlanta, State and county taxes are collected on property returned at $84,0::i:3,7:39; on the same property city taxes are collected on an assessed valuation of $115,765,696, while the real value is f)stimated by the City Comptroller at $:200,000,000. In Augusta property within the city is assessed for city taxes at a valuation of $26,:3:24,072; for State and county taxes the same is returned at $21,709,031 in Savannah, city taxes are collected on property valued at $48,689,875, while the same property is taxed by the State and county on a valuation of approximately $40,000,000. Similar inequalities, I suspect, exist with regard to most, or all, city property in the State. It might be stated that these cities no longer abide the voluntary return system, prevailing in the State government, but, as a rule, have assessors who make direct assessment or minute revision of all returns.
In an address before the International Tax Conference in September of last year, Hon. C. Murphey
Candler, an expert on Georgia tax laws, said: "Taking the latest estimated true values of all
property in Georgia, made by the National Census Bureau in 1904, improved real estate constitutes 48 per cent. of all the property in the State and pays 51 per cent. of all taxes. All property in the State was returned for that year at 44 per cent. of its estimated true value.
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"Real estate and improvements were returned at 49 per cent., live stock and farm implements at 59 per cent., railroad property at 40 per cent. and street railroad, electric light and gas companies, and shipping at 21 per cent. of their estimated true values. The Census Bureau gives no separate estimate as to the true value of money, notes, accounts, solvent debts, etc., but it is exceedingly doubtful if this class of personal property is returned at over 30 per cent. of its value."
-While these ratios may have been somewhat <'.hanged in subsequent years, it must be remembered that the assessments on which these figures were based by the National Census Bureau were made under the same laws and regulations as prevail now.
With much respect, but great earnestness, I submit the above stated facts to you, and believe they show that the subject is one deserving great consideration at your hands.
INHERITANCE TAX.
In this connection I again urge upon you the passage of a ]aw placing a tax npon inheritances, graduated according to their size and their collateral nature. In England and in many of our own States this has been found a source of large revenue and one that is fair and equitable.
A LABOR BUREAU.
Permit me figain to respectfully call your attention to the recommendation made in my first message

to the effect that you establish a State Department
of Labor. The reasons then advanced for the establishment
of such department appear now of even more controlling importance, besides to do so is both a demand of the people, as expressed at the ballot box and in convention assembled, and a pledge of the administration of which you are a part. Since the Department of Agriculture has wrought such substantial benefits to the agricultural interests, we can readily anticipate that a Department of Labor would likewise protect the rights and enhance the interests of the laboring classes in the cities and other localities.
The great growth of the manufacturing and other industrial establishments in the State is demanding many thousands of new workers and their needs of fair treatment and protection call for the most discerning care.
New problems regarding labor are arising, and such a department would not only serve the employee, but, in many instances, the employer as well, by promoting harmonious relations between the two.
It is a matter of gratification that good relations have existed, almost without exception, between employers and employees in this State. This makes the establishment of a labor department all the more desirable in order that the State shall contribute towards continuing such a beneficent condition.
Such departments have been established, in some form, by a number of States, and have been found highly satisfactory.
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IMPROVING THE COTTON PLANT.
Acting under the direction of a Resolution (No. 4, Georgia Laws 1909) adopted at your last session, it was my pleasure since your adjournmnnt to communicate with Mr. Luther Burbank, of Santa Rosa,
California, with regard to including the cotton plant
in his experiments. His reply is herewith submitted:
"SANTA RosA, CAL., March 17, 1910.
"To His Excellency,
JOSEPH M. BROWN,
Goz:ernor of Georgia.
"ESTEEMED Srn: Your highly appreciated communication of March 11th just received, and while I am highly pleased to know that yourself and your
Legislature have confidence in my abilty to improve
the cotton plant (which most certainly can be improved under the right management), yet I feel,
under the great pressure to which I am continually subjected, that it will be impossible for me to do very
much of anything in this line. '' Our coast climate is too cool for the cotton plant
and I have so many experiments on hand and such n great amount of correspondence. which must be at-
tended to, that I do not feel like starting a new ex-
periment station further inland where the cotton plant would be grown with success. At the same time, I have now started some very small experiments in this line, which may possibly sooner or later
25

he of some benefit to the growen; of cotton. The study of the cotton plant in all its phases, sufficient to thoroughly encompass the work of improving it, would almost be a life work for a single individual. Har:diness, productiveness, length ,and quality of staple, resistance to diseases nnd insects, especially the boll weevil, and a thousand other questions would be brought up in the improvement of cotton.
"vVhile this work would interest me beyond measure if I was within the cotton belt, yet, having tlwusnnds on thousands of experiments of other kinds, some of which have been going on for ten to thirty .vears, it would seem almost an impossibility for me to branch out and attack as I would like to such a great subject as the improvement of cotton. ::\Jy time is so occupied that I could not well attend to this, excepting in certain directions, more especially towards a hardier variety.
"If at any tiine I can make suggestions which will
he of service to other workers, it is always my pleasure to do so.
Faithfully yours,
LUTHER BUI:BANK. ''
In this connection it pleases me to bring to your attention the splendid work being done on the above line by our State Agricultural College under the direct supervision of Dr. A. ::\1. Soule and Prof. R. J. TL DeLoach, and by the State Entomolo:ical Department undei the supervision of Prof. E. L. vVorsham. These experiments have developed to an xtrnt that promise great benefit to the cotton
211

growers of the State, and I commend them to you
for consideration and encouragement. I am advised that the State Agricultural College
is engaged in the development of a cotton plant which will be proof against Anthracnose and which will have a longer and more valuable fiber. The success of this effort by experiments will add great
value to the cotton crops of this State and I, there-
fore, recommend a reasonable appropriation to the State College of Agriculture to he used in carrying on this work. The work of the Ento1nological Department in overcoming "blark root" has met with encouraging results and provision for its continuance should be made.
RAILROAD Coivrl\IISSION.
The sovereign people of Georgia, in the election which chose your honorable bodies, adopted, through their representatives, a platform which contained the following expression ,9f their will:
"\\'"e are opposed to unnecessary offices which levy additional taxes on the people; and we ask the
Legislature to scan carefully Georgia's pay-roll to
the end that all sinecures be cut off. \Ve especially favor a reduction in the membership of the present Railroad Commission from five to three, and the abolition of the office of special attorney of the same.''
I respectfully renew the recommendation made in my first message that this mandate of the people be made effectiYe. 'rhe present number of members of, the Railroad Commission and 1he consequent in-
27

crease in its expenses are out of proportion to its usefulness and the tax-payers should be relieved of these superfluous burdens.
BIENNIAL SESSIONS.
Another matter to which I call your attention is that of biennial sessions for the General Assembly. Only about one-half dozen States in the American Union now have annual sessions of their law-making bodies, and the sentiment of the people of Georgia appears positive to the effect that this State should be freed from the expense of yearly sessions, which are calculated, also, to burden the people with unnecessary laws.
DEPARTMENTAL REPORTS.
The reports of the State House officers and of trustees of colleges and public institutions and of our other boards are or soon will be before you. I respectfully commend them to your attention as containing much useful and creditable information with many worthy recommendations too numerous for mention here.
REPAIRS IN LEGISLATIVE HALLS.
Acting under direction of your honorable bodies, 1 have had the halls of the House of Representatives and the Senate renovated, repaired and re-carpeted. The work was let in two contracts, one for repairs and decorations and the other for carpets. Each contract was let by bids, suitable advertising being
28

made and full opportunity offered all who desired to make estimates.
In order to insure the most acceptable results in the matter of repairs and decorations, I thought it wise to reject all of the first bids submitted for that part of the work. The work being of a highly technical nature, a reliable and skilled architect was employed to prepare specifications and engaged to supervise the work, under which, after advertising throughout the State, bids were again submitted and opened, the contract being let to the lowest bidder.
The re-carpeting cost $4,890.37 and the decorating and repairing $6,123.00. The services of the architect cost $350.00, making a total of $11,363.37.
Payments on these contracts have been made out . of the Public Buildings fund, causing the same to be
severely taxed, and which will not be able to sustain the extra expense unless re-imbursed. Therefore, I respectfully suggest that the Public Buildings Fund be reimbursed in the sum of $11,363.37.
In the above connection, the Engineer of the Capitol brings to my attention in his annual report, the fact that the Capitol Building boilers are in serious need of repair. He states that money might be saved by replacing them with new ones, and has secured estimates covering the expenditure which are now on file in the Executive Office. He also, urges, as a matter of economy a'l well as comfort, that the Capitol elevator be changed from steam to electric power.
29

INSURANCE PREMil'MS.
During the year, new property coming into possession of the State needed to be insured, and some old property that had been omitted from the insurance schedule or which was covered inadequately was brought to my attention. I authorized the issuance of policies on this property, each being for a period of five years, but, in the absence of any insurance fund
at my disposal, contingent upon nn appropriation to
meet the premiums. rrhe total amount due is $:2,4~)8.05. I suggest that the sum of $5,000 he appropriated as an insurance fund, out of which premiums on existing new policies shall he paid and any further needs of like nature met pending the expiration of the general schedule of State insurance.
THE NEW Com,.
The special Commis8ion from your two houses
which was named to examine the new State Code
prepared by Hon. J olm L. Hopkins and tentatively accepted by you, has made its report to me, which is herewith submitted to you. (Appendix B).
The manuscript for the new Code is now in the possession of this department and mvaits your direction.
PARDONS.
In conformity with the requirements of the Constitution, I herewith submit to you a statement of all the pardons, commutations and reprieves granted by me during the past year. (Appendix A).
30

Rather than make this message too voluminous, I have deemed it wise to postpone the discussion of some matters which I shall bring to your attention a few days later.
Co"N"cLusroN. And now, in conclusion, allow me ta repeat the assurance of ro-operntion with which I closed my first mesRage to your honorable bodies. Our powers and duties, it iR well known, are different, but associate. You occupy the dual status of being the crystallization of the sovereign people and the agents of the same to whom they have delegated duties which they have made mandatory. I am the Executive of their will as written upon the statute books by you. The Executive cannot enact a law, he cannot repeal a law; but, with the instrumentR of authority placed in his hands, he can enforce the laws you enact. Let us then hold ever in mind that the protection of soeiet~\ equally, impartially, firmly. discerningly and completely is our paramount duty to the people of the State.
Respectfully submitted,
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(APPENDIX A.)
In Compliance with the provisions of Section
5815 of the Code I herewith submit report of all repreives, commutations of sentences, pardons, etc., granted during the past year.
p ARDONS GRANTED.
L. M. PATTEN.-Selling Whiskey. Criminal C~rnrt of .Atlanta, spring term, 1909. ,:Vith fine of six months in jail. He was convicted on evidence of man who was afterwards convicted himself. He is from good family, and his previous record is good; he has served four months in prison; and his release is recommended by Assistant Chief of Police, by detectives who had charge of case, by Solicitor General who prosecuted case, and by Judge who presided at the tria1. Pardon granted July 10th, 1909.
LACE SrMPSON.-Murder. Superior Court, Hart county, March term, 1899. Life imprisonment. Witness who was young at date of trial makes affidavit that she was excited and made mistake in giving evidence on trial, which is material testimony; from affidavits it appears that the offense might have been on1y manslaughter; he has served with good record ten years, and his pardon is recommended by practically an of the trial jury, by the officers of the county, by the Solicitor General and by the prosecutor. Pardon granted July 21st, 1909.
32

J. H. 1VrcKER.-Cheating and Swindling. County Court of Green County, March term, 1909. Sentence 12 months chain-gang. County physician certifies that he has chronic kidney trouble and dropsy and is unfit for service. Commissioners and most of other county officers ask his immediate release on grounds of humanity. Pardoned July 22nd, 1909.
Juvr ELLISON.-Larceny. City Court, Atlanta,
sprmg term, 1909. Sentenced to 10 months and
$75.00. Criminal intent doubtful; family upon public charity. rrhe prosecutor, presiding judge and solicitor ask his release. Pardon granted July 24th, 1909.
HAYWOOD PmvELL.-Burglary. Superior Court, Bibb county, January term, 1906. Sentenced for 5 years. He has served a:11 of sentence but eight months, with good record, and was only 15 years, or less, when convicted; his pardon is asked by the trial Judge and the Solicitor who prosecuted case. Pardon granted .July 30th, 1909.
HENRY A. HEITMA~.-Bigamy. Superior Court, Bartow county, HJ07. Three years sentence. Some doubt as to guilt, and his physical inability to perform labor required is vouched for by four physicians; the county physician where he is confined certifies officially to his extreme inability to work. His wife also asks his release. Pardon granted August 3rd, 1909.
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JAMES REED.-:Murder. Hall Superior Court, July term, 1907. Life imprisonment. States witness admits he was mistaken on material point; his physical condition very bad, and his pardon asked by 1,600 citizens of county where crime was said to have been committed, also, by trial jury, grand jury, and trial Judge. Pardon granted August 4th, 1909.
SHERMAN BREWER.-Burglary. Fulton Superior Court, N ovemher term, 1903. 11 years in penitentiary. He was convicted on three separate charges, but Judge Fite, who presided at the trial, told him if he made a good record that he would recommend that two years be taken from sentence. Prisoner has made good record and Judge Fite recommends the pardon. Pardon granted August 6th, 1909.
ALICE ,YrLLIAMs.-::\lisdemeanor. Eight months chain-gang. She served about 6 months; has been sick most of the time, and confined to bed about one month, and there are serious doubts as to her recovery if further confined in prison. Pardon granted November 1st, 1909.
JoHN N. PnE.-::\fanslaughter. October term, 1909, Superior Court, Early county. Sentenced to 8 years in penitentiary. Character of prisoner good prior to conviction. Grand jury I eturning bill and trial Judge, together with all officers including Solieitor, recommend his pardon. Pardon granted December 9th, 1909.
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SAMUEL SuMMERs.-Burglary. :March term, 1908, Superior Court, Gwinnett county. Sentenced
to reformatory. He is a young white boy, who is
said to have been influenced to participation in the crime by an older boy, who technically guilty, record at reformatory good. Solicitor General prosecuting, doubts whether the boy should have been convicted, and strongly urges his pardon. Pardon granted December 17th, Hl09.
J. \V. RoYALs.-1\fisdemeanor. July term, 1909. City Court, Valdosta. Sentenced 12 months chaingang. His wife and six children dependent upon him, are in destitute condition. ,Judge Smith, who presided at trial, Solicitor who prosecuted case and a number of citizens of Lowndes county, recommend release. Pardon granted December 20th, 1909.
E. A. :M:ooRE,-}Iurder.-Fall term, 1905. Superior Court, Chatham county. Only son of widowed mother; was conductor on street car, and having difficulty with passenger, fired shot which killed lady on street. His crime, if any, it seems should have been involuntary manslaughter in commission of unlawful act. A large number of the citizens of Chatham county, together with city recommend pardon. Pardon granted December 20th, 1909.
EUGENE HuTCHINSON.-Misdemeanor. August
term, 1909. City Court of Hartwell. Sentenced to 12
months or $250.00 fine. A married man with invalid
35

wife and several small children deprndent upon him.. Ccurt of Appeals says "the evidence is barely discernable to judicial scrutiny." Presiding ,Judge, Solicitor prosecuting the case, together with Sheriff, strongly recommend clemency. Pardon granted December 20th, 1909.
GEORGE MADDox.-Stabbing. .August term, 1907. Superior Court, Spalding county. Sentenced to reformatory. Boy was ahout 12 years old at date of difficulty, and was struck by another boy with whip, whereupon he threw knife at him, making painful wound, but not serious. Previous record is goo=l and the Solicitor General prosecuting case strongly requests discharge. Pardon granted December 20th, 1909.
,JmrN PENLin-.-Gaming. ~~ugust term, 1909. Superior Court, Spalding county. Sentenced to 6 months chain-gang. He is a young white man; a son of a poor \Yidow woman; other bo.rn engaged in the game paid fine of $40.00 and were released. Penley being unable to pay fine began service Angust 11th, 1909. Mother and five young children needs his help; only white person in Spalding camp, and a large number of citizens, also chain-gang. County Commissioner recommend his pardon. Pardon granted December 20th, 1909.
1\1:Aun SHORTER.-Attempt to Murder. November term, 1908. Superior Court, Stewart eounty.
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Sentenced to reformatory. Girl was only 11 years old when tried and sentenced. Superintendent writes that she has made an excellent record, and asks her release. Pardon granted December 21st, 1909.
JoHN \V. CHAPMAN.-Drunkness. August term, 1909. Superior Court, Milton county. Sentenced
to 12 months in chain-gang. Offense did not result
in difficulty with another one; is of a good family and previous good character. His family, consisting of wife and three small children, who are in destitute circumstances. Has been confined in chaingang about 4 months and the condition of his family is such as to need his presence. Pardon granted recember 20th, 1909.
TERRRY \V. ConDRAY.-Assault and Battery. Fall term, 1908. City Court of Blakely. Sentenced to reformatory. Has served 14 months; maximum sentence for crime 1committed. Is only child of mother who needs his labor to care for her. Solicitor City Court, together with officers and Mayor of Blakely and number of citizens ask his discharge. Pardon granted December 21st, 1909.
JoHN BunNs.-Misdemeanor. Convicted. City Criminal Court, Fulton county, 1909. Sentenced 3 months en chain-gang or $25.00. He is a very old white man who wns convicted for being drunk on the public highway without disorderly behavior. ,Judge
37

who tried him and Solicitor who prosecuted, regard -that his age and circumstances of his offense, together with good record on chaingang works release, he is unable to pay fine. Pardon granted December 23rd, 1909.
,:v. A. CHAl\IBERs.-Larceny. }fay term, 1909.
Criminal Court of Atlanta. Sentenced to Fulton County Reformatory. It is represented that boy
was put into the reformatory at instance of father,. who thought he had taken money from older 8ister. His guilt i8 doubtful and hi8 mother, a Christian lady, and other members of the family request his release. Pardon granted December 24th, 1909.
1.VALTER L. HoRNSBY.-~-\ssault and Battery. ,June term, 1909. City Court of Atlanta. Sentenced to 12 months chain-gang or $:"300.00. Presiding Judge, Solicitor General, Sheriff of county and a number of citizens, and mother of boy assaulted, ask his pardon. Pardon granted January 12th, 1910.
HERMAN }fENDELL.-Assault and }1urder. ]'all term, 1908. Superior Court, Muscogee count~-. Sentenced to penitentiary. .Judge and Solicitor General prosecuting, indorse application for pardon. Pardon granted January 12th, 1910.
CHARLES AmEx.-Concealed weapon. January term, 1910. City Court, Atlanta. Fine of $50.00
38

and costs. Presiding Judge and Solicitor who prosecuted, indorse application for clemency. Pardon granted February 7th, 1910.
.J. S. TmBBLK-}Iisdemeanor. October term, 1909. City Court, ~~ tlanta. J,7 ine $100.00 or 12 months in chain-gang. Presiding Judge, Prosecuting Attorney, recommend application for clemency. Presiding Jndge expresses doubt as to guilt. Pardon granted February 3rd, 1910.
LEVI ELLIOTT.-Simple Larceny. February term, 1908. City Court of Atlanta. Sentenced to Fulton County Reformatory. He was 15 years old when sentenced, and has been in reformatory about two years. His mother who lives in 'rennessee desired to tah him home and put him in to school. Pardon granted F'ebruary 3rd, 1910.
GuY ::\IoRGA~.-Simple Larcen;-- March term, 1909. Cit)- Court, Atlanta. .Sentenced to Fulton Count;- Industrial Farm. ,Yas sentenced for very trivial offense. Presiding ,Judge, Sheriff, Hon . .Jerome .Jones and many others of prominence recommend his application for clemency. Pardon granted J\farch 9th, 1910.
JEROME ,Yoon.-Ma1icious J\Iischief. Fall term, Ul09. City Court, Hazelhurst. Sentenced to State Reformatory. Is son of widowed mother, and seems
to have been convicted of trivial offense. Judge of
39

City Court, Clerk of Court and a large number of citizens ask his release. Pardon granted March 9th, 1910.
T. A. J\IcGrnNTs.-Bigamy. Fall term, U)J8. Superior Court, ]'orsyth county. Sentence two years in penitentiary. He is weak mentally, and having married, instituted proceedings for divorce, J>rocured one verdict, and thought he was authorized to marry ngain, did so and -was indicted, whereupon he plead guilty, Solicitor General, trial jury and honorable citizens of county, recommend his relense. Pardon granted March 10th, HHO.
EARL VAUGHN .-Simple Larceny. January term,
mm. City Court, Atlanta. Sentenced to six months
in jail. He is a young man of unsound mind, recently from State Sanitarium at l\Iilledgeville; sick with fever in Fulton jail; father desired to take him to Grady Hospital. Pardon granted :Mardi 11th, 1910.
Ln,Lrns THl~RMOND.-Assault with Attem11t to to Murder. Spring term, 19m). Superior Court, .Tackson, Ga. Sentenced two years in penitentiary. His pardon is recommended by County officers, 15 members of the Grand Jury returning indictment. Hon. John Holder, Speaker of House Representatives and numerous good citizens of county recommend his pardon. His wife and child dependent upon him are in destitute condition. Pardon granted April 11th, 1910.
40

OLIVER FrxcH.-Selling Liquor. ~.larch term, ]909. City Court of Statesboro. Fine $300.00 and six months in chain-gang. Fine and costs which amounts to $4G0.00 has been paid, and has served in chain-gang since March 7th, 1910. Seems to have been largely under control of older brother. Application indorsed by trial jury, except one inaccessible. Hon. J. J. E. Anderson, county officers and about 800 citizens, neither Judge nor Solicitor oppose. Pardon granted April 12th, 1910.
EARL OvERBY.-Simple Larceny. May term, Hl09. Criminal Court, .Atlanta. Sentence Hapeville Refonr:atory. vVas convicted of trivial offense, has heen confined about one year. l\fother is grief stricken on account of death of the young brother and had ask his release. Pardon granted April 12th, 1910.
G. 11. :MAcrns.-Selling near beer without license. Spring term, 1909. City Criminal Court, Atlanta. Sentence $100 or 12 months in clrnin-gang. He is an old infirm Confederate soldier. 'l'rial .Judge, Prosecuting Attorney and Chief County Police, together with Sheriff, recommend his release. Pardon granted April 15th, 1910.
NKwTON J. THRELKELD.-Murder. Spring term, 1906. Superior Court, Grady County. Life imprisonment. Nine of trial jury say they do not believe he was guilty of murder, but only of manslaughter,
41

which was not given in charge of trial. Hon. ,V. S. Wright, member of Legislature from Grady County, and Hon. ,V. S. ,Vest recommend his release. Pardon granted April 16th, 1910.
ARTHUR CoLE.-Se11ing liquor. Fa11 term, Hl09. Superior Court, Fannin county. Fine $1,000 or 12 months in chain-gang. He began services in chaingang October 1909. In view of severity of sentence and having served more than six months, his pardon is granted upon payment of $100.00. Pardon granted May 5th, 1910.
,VrLL -w. :McKrmrnY.-Yagrancy. February
term, 1910. Criminal Court, Atlanta. Sentence 12 months jn chain-gang. ,Vas addicted to the use of drugs, opium and morphine. No substantial charge against him, but was tried and sentenced to gang in order to cure him of habit. Doctc,r says he is cured and recommends pardon, application indorsed by trial Judge and Solicitor. Pardon granted May 11th, 1910.
B. '11 :McHENRY.-1'7 orgery. February term, 1910. Superior Court, Chatham county. Sentence six months in jail. Intent doubtful, amount ivolved only $4.00. Jury recommend pardon, presart.t character good; family badly in need of his Iat;or. Pardon granted May 16th, 1910.

COMMUTATIONS GRANTED.
RoBERT HAYwooo.-Gaming. April term, 1909. Superior Court, Fulton county. Sentence eight months in chain-gang or $50.00. According to statement of County Physician McDonald, this boy is -confined in the Incurable hospital of Fulton County Camp, suffering from consumption, and will never be able to work in the future. In opinion of physician, he can only live a short while, but being permitted to go home to his mother in the country, his life may be prolonged; present record good. Commutation granted July 8th, 1909.
:B~RANK ~hnns.-Stealing Ride. October term, 1908. Superior Court, Fulton county. Sentence 12 months chain-gang. Meyers was morphine fiend, and at the request of mother was sentenced without fine, in order to be cured of morphine habit, he is now well, having served 9 months. Judge who sentenced, Solicitor prosecuting him, together with Dr.
J. vV. Hurt recommend his release. Commutation
:granted.
BoB FLOYD.-Larceny. Superior Court, ,Y'arren ,county. Sentence 12 months chain-gang. He is suffering with incurable disease in hospital; physi"Cian and surgeons certify to his condition, and County Commissioners command his release. Commutation granted July 8th, 1909.
43

D. C. FrncH.-Selling Vvhiskey. February term, 1909. City Court of Statesboro. Fine $1,000 and three months in jail. Reputable physicians certify that he has suffered from chronic rheumatism and engorgement of the liver, all of which would be increased by long confinement in jail. Sentence commuted to 20 days service in jail a1 nd payment of $1,000. Commutation granted July 10th, 1910.
(luss PEASE.-Murder. Spring term, 1893. Superior Court, Cobb county. Sentence Life imprisonment. Trial jury and presiding judge being fully ncquainted with facts, urge release on the grounds that prisoner has been ~mfficiently to satisfy the demands of law. The "\Vardens certify to good conduct during 1G .'-ears of service; many citizens urge elemency. Commutation granted .July 25th, 1909.
R. L. YANDEFORD.-Riape. Superior Court, Fall term, J 90G. Gwinnett county. Twenty years in penitentiary. Solicitor General says public excitement was great, and it was doubtful whether defendant wns guilt.'- with more th~rn misdemeanor. Defendant's counsel insist that he is innocent. G50 eitizens, all of Gwinnett count.'-, ask his release, say that his conviction was a misearriage of justice, on aecount of overwhelming excitement, and say that they do not belie;-e that he is guilty of crime charged. His conduct as a vrisoner has be0n very good nnd exemplary. Commutation granted ~~ ugust :3n1, J~Jm).

RICHARD ALLEN.-Burglary. October term, 1908. Superior Court, Fulton county. Sentence 12 months. Has served all of sentence except two months, and is unable to work on account of disease, for which reason clemency is recommended. Commutation granted August 6th, 1909.
},;".onMAX JAcKsoN.-Voluntary nlanslaughter. December term, 1900. Superior Court, Chatham county. vYas convirted mainly on testimony of witness who was drunk and witnessed the killing. The defendant denies guilt. Has served 10 years and Solicitor General, seven members of trial jury and a large number of reputable citizem, ask elemency on grounds of sufficient punishment and doubt as to
guilt. Commutation granted August (ith, rno9.
('u;,-ELA="D PICKLEHEIMER.-1furder. February term, 1906. Superior Court, Cherokee county. vYas only 18 years of age when crime was committed and ,,as put upon trial three days after arrest. His father 80 years of age, his aged mother, together with mitigating circumstances gave request for clemency h~- Grand jury, trial jury, county officers, Solicitor General and large number of reputable citizens authorize his release. Commutation granted August Gth, 1909.
vY. L. JouGHIN.-Assault with Attern11t to J\furder. .June term, 1907. Superior Court, Chatham, Ga. Sentence 7 years in penitentiary. vVas accused
45

of assaulting his wife, though injury very slight. He has served two years and his recommendation for pardon is recommended by Solicitor General, foreman of the jury and others. Commutation granted August 6th, 1909.
RILEY "\VALTON.-Burglary. Spring term, 1909. Taylor County. Sentence 4 years in penitentiary. Was convicted for entering house in day time and taking therefrom $4.75, upon evidence of negro man and his wife. Mr. Vann, a reputable white man1 testifies that he was picking cotton in the field at time of alleged crime, thereby establishing alibi. He is of good family. Commutation granted August 7th, 1909.
GoRDON SmMANs.-Selling Liquor. November term, 1908. Superior Court, Decatur county. Sentence 12 months chain-gang. Has rheumatism involving heart, which is certified to by County Physician, exposure makes condition worse. County Commissioners, county officers, Senator and Representative, together with other good citizens of the county, ask clemency. Commutation granted August 7th, 1909.
ALF HALL.-Burglary. Fall term, 1907. Superior Court, Ben Hill, Ga. Was confirmed opium eater, wandering around, physical1y unable to do much work, and in this condition, stole clothing and food in day time from dwe11ing houses. "\Vas sent to
4G

State Farm where he remained two years with good conduct. Physician at State Farm certifies that he is thoroughly cured of opium habit. Trial Judge satisfied that the object of sentence and law vindicated. Commutation granted August 9th, 1909.
GEORGE CooPER.-Larceny after Trust. April term, 1907. Superior Court, Chatham county. Sentence 8 months. r_t'estimony technica11y justifies conviction, but present circumstances indicate no criminal intent; while intoxicated borrowed gun and pawned it, but redeemed same and returned it. Owner of gun did not prosecute and asks release. He is working man with large family and has served nearly half of sentence. His release is asked by Representatives of the county. Commutation granted August 9th, 1909.
En K:r-rnx.-Murder. March term, 1901, Superior Court, ]1ranklin county. Sentence life imprisonment. Evidence defendant developed Prison Commission shows voluntary manslaughter. His release is recommended by 12 Grand jury, 5 trial jury and large number of citizens, by trial Judge and Solicitor General. Commutation granted August 10, 1909.
CHARLEY HunsoN.-Violation Prohibition Law. ,June term, 1909. City Court. Fine and 10 monthg chain-gang; five months jail, $75.00 fine. Hudson is physica11y unable to work or stand upon his
47

feet. His pardon is recommended by trial Judge, County Commission, City Court and by Physician and Sheriff. Had previously served in city chaingang for some offense and received injury while confined therein. Commutation granted .August 13th, 19m).
LomsA LrNDSAY.-Infanticide. Spring term, 1900. Superior Court, Spalding eounty. Sentence ]ife im1Hisonment. At last stage of consumption, and can only live few weeks. Trial jury, presiding ,Judge and many citizens recommend her release. Commutation granted August :28th., 1909.
BEN GADso:,.r.-Burglary. Dec,~mher term, 190[1. Chatham county. Sentence 7 years in prison. Hns served nearly 4 years of sentence and is suffering from incurable disease and unable to perform any labors. County Commissioner and others reeommend his release. Commutation granted September 10th, 1909.
GILBERT 1',L-\THEWs.-Rape. January term, 1908. Superior Court, Bibb county. Sentence 10 years in prison. Is a negro between GO and 70 years. His pardon is recommended by trial Judge, Prosecuting Solicitor, trial jury, Sheriff and deputies, together with jailor nnd others. Sheriff states that a number of burglars had planned killing of jailor and defendant gave information concerning s,ame and prevented jail delivery with probable saving of jailor's
48

life. Girl of bad character. Commutation granted September 10th, 1909.
FRANK JARns.-:Misdemeanor. February term, 1909. Superior Court, Cherokee county. Sentence 12 montlrn in prison. Brother and sister have died with tuberculosis and it is believed that defendant has contracted same. His pardon is asked by trial Judge Morris, county officers, preachers and reputable citizens of Cherokee county. Commutation granted September 10th, 1909.
EusHA -WnrTE.-Gaming. 1-1-ugust term, H)09. Superior Court, ::\Iuseogee county. Sentence three months in jail or $40.00. Defendant makes affidavit that he was never charged ,vith any crime but thiR. Began service in jail August 3rd, and is unable to pay fine, his wife and six children, oldest less than 10 years and youngest about six months of age. Trial Judge thinks circumstances warrant commutation, same is also recommended by Solicitor General and Mayor city of Columbus. Commutation granted September 20th, 1909.
CLEVELAND, ANDERSON.-Murder. :B-,all term, 1909. Superior Court, Fulton County. Sentence life imprisonment. Boy was 16 years old when convicted; some doubt as to criminal intent. Has consumption as certified to by Dr. Green. Has served about 10 years with good record, which together with physical condition authorize3 clemency. Commutation granted October 12th, 1909.
49

ALICE -WILLIAMs.-Misdemeanor. City Court. April term, 1909. Lowndes county. Has served more than half of sentence at State Farm. Pardon is recommended by prosecuting Solicitor upon payment of $100.00 and costs. Commutation granted October 12th, 1909.
Loms CHAMBERs.-Assault to Rape. October term, 1907. Superior Court of vVhitfield county.
Sentence 10 years in prison. Hon. A. vV. Fite,
trial Judge says he doubts if boy was guilty of anything more than assault and battery, and he, together with Solicitor General prosecuting case recommend clemency. Application is indorsed by trial jury and mother of girl. Commutation granted October 12th, 1909.
TILT SHELTON.-1forder. August term, 1908. Superior Court, Chattahoochee county. Sentence life imprisonment. Convicted on slight testimony, and it is very probable that killing was result of an accident due to want of knowledge in handling automatic pistol. :Many of the best citizens of the county urge clemency. Commutation granted October 12th, 1909.
JOHN GRIFFIN.-~fisdemeanor. October, 1909. Calhoun County. Sentence two months in jail or $200 fine or 10 months in chain-gang. Previous record good, sold a pint of whiskey. Several of family died with tuberculosis, and he now has same disease, which would likely be precipitated by con-
50

finement in jail. Fine of $200 or 10 months in chain-gang. Commutation granted October 30th, 1909.
DAVE. vVn,LIAMS.-Concealed weapons. Two cases. September term, 1908. Spalding county. Sentence of 12 months in chain-gang in each case. Has served one sentence and two months on another. rrrial judge recommends release upon payment of $75.00. Commutation granted upon payment of $75.00 November 1st, 1909.
L. H. GRIZZARD.-Burglary. November term, 1907, Superior Court, Fulton county. Sentence 3 years imprisonment. Former employers certify to his previous honesty. Trial judge, presiqing Solicitor recommend clemency, to which proprietor of hotel states to them is entirely agreeable. Commutation granted November 13th, 1909.
PEARL HAwKINs.-Adultery. Fall term, 1909, Superior Court, Pickens county. Sentence 6 months. Physical condition is such, and conveniences at State Farm are of clrnracter that require her release in interest of society and humanity. Commutation granted November 15th, 1909.
LYDIA HARDEN.-Vagrancy. 1909 term Superior Court. App:Jing county: Sentence 12 months. Physical condition is such and conveniences at State Farm are of character that require her release
51

in interest of society and humanity. Commutation granted November 15th, 1909.
EL1x FEARs.-Larceny. May term, 1909, Superior Court, Fulton county. Sentence 6 months in jail. He is suffering with tuberculosis of the lung and physicians recommend his release in order to prevent probable spread of disease. Term would expire 28th of November. Commutation granted November 2nd, 1909.
RoBERT SHEPARD.-Murder. Spring term, 1905. Sentence life imprisonment. The evidence develope'.l before the Commission was not produced at trial, and shows grave doubts as to guilt of defend:mt. Trial judge, Solicitor-General and Clerk of eourt recommend application for his release. Commutation granted November 13th, 1909.
vVrLL TncMPLER.-Misdemeanor. Spring term, 1909, City Court of Richmond county. Sentence 8 months in prison. Boy was only 16 years old and was convicted of assault and battery. Boy assaulted was 'only slightly injured. Application ir; recommended by Solicitor of City Court, members cf city council, chief of police, Hon. '\V. H. Fleming, Sheriff of county, Mayor of Augusta, President of the Board of Health and members of the Legislatlue. Commutation granted November 17th, 1909.
JonN HARPER.-Murder. .August term, 1907, ~',1pnior Court of }Iurrny county. Death penalty.
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The record shows that the Soliritor-General, prosecuting the case, stated to the jur: in his open remarks that he would prove by eye witnesses the cnme. This he did not do. Affidavit of eye witness above referred to since the trial hm; made affidavit to the effect that the sheriff, whom Harper killed, did not give Harper reason to know tlrnt he was such o'.ncer and shouted "hold them up." The witness further says that Keith (the deceased) shot several times as he pursued Harper. Finally after he had run some distance, about two hundred :-ards, Harper turned and shot ~it Keith.
Two of the jurors made affidavits concerning this statement and say lrnJ they heard at the trial, the statement made in the affidavit the:- would not have convicted said lfarper of murder, nor would they have agreed to a verdict of murder in said case.
Two ,Justices of the Supreme Court, to-wit.: Hon. Beverly D. Evans and Horace B. Holden, lmve in written statements said that the_\- consider the case a;, heing one warranting commutation. One member of the Prison Commission strongly urges by way of argument the ,vay of clemenc_'I-, commuting said sentence to life imprisonment. Commutation to life imprisonment granted October :28th, 1909.
PETER "\Y1LLIAMs.-Gm11ing. ::\la: term. HJO(j, Criminal Court of Atlanta. Sentence 1:2 months in gang or fine of $73.00. Defendnnt is in last stage of Bright's disease, and the opinion of Dr. ::\ieDonald is that he can only live a short while. ,Y,m1en <:er-
53

-tifies his conduct to be good since confinement. Commutation granted November 15th, 1909.
CLIFFORD vVEsT.-Misdemeanor. August term, 1907, City Court of Monroe. Sentence 6 months chain-gang, or $25.00. He is in the last stage of consumption. Presiding judge and trial solicitor recommend clemency. Dr. Elrod says he is unable to work and is a menace to the camp. Commutation granted November 16th, 1909.
Lizzrn TEASELEY.-Selling liquor. September term, 1909, Superior Court, Cobb co1mty. Sentence 6 months chain-gang. She was received at convict camp September, 1909. County physician where she is confined in camp hospital, says she is suffering from tuberculosis, and owing to this heartily recommends pardon as soon as possible. This -certificate is approved by Board of County Commissioners. Commutati~n granted November 20th, 1909.
DALLAS HALL.-Burglary. Spring term, 1909, Superior Court, .Jackson county. Sentence two years in prison. Trial judge strongly urges commutation of sentence. Commutation granted November 20th, 1909.
JOE GREER.-Concealed weapon. March term, 1909, City Court, Jasper county. Sentence 8 months chain-gang. M. J. McElheny makes affidavit that prosecutor after trial told him that defend-
54

ant did not have pistol concealed. Eleven members of trial jury ask that his sentence be commuted. Sentence commuted and fine of $20.00 November 20th, 1909.
.A. E. SALLY.-Misdemeanor. Spring term, 1909, Superior Court, Richmond county. Defendant is a physician residing in Augusta for several years, and judge pronounced sentence and stated that defendant was an ill man, and that sending him to gang would mean his death, and under the Jaw he would be forced to give him jail sentence. Considering the increasing disease of the prisoner, presiding judge together with the Solicitor-General, trial jury, judge City Court, :i\fayor of city and 30 physicians ask his release. Commutation granted December 1st, 1909.
::\fosE BusH.-Breaking jail. March term, 1909, . Talbot county. Sentence 12 months chain-gang. Has served 9 months of sentence. County Commissioners and camp physician certify that he is dying of tuberculosis and ask his release. Commutation granted December 7th, 1909.
J. B. DEAN.-Burglary. January term, 1909, Criminal Court, ]~ulton county. Sentence two years in prison. The entire trial jury recommend release. Strong evidence showing an alibi has been submitted. Commutation granted December 10, 1909.
PRIMUS BuFFINGTON.-Voluntary manslaughter.
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August term, 1905, Superior Court Hall county. Sentrnce 10 years in prison. Presiding judge and trial solicitor, Hon. Fletcher Johnson, attorney for prisoner, county officers, all of jury that are accessible, both members of the Legislature, chief police of G'ainesville, City Clerk and Mayor and a number of citizens ask release. Commutation granted Decerr:ber 11th, 1909.
HoMER LuNsFORD.-::\Iisdemeanor. October terr:_1, 1909, Criminal Court of Atlanta. First offense of the defendant. His release is recommended 1\,' So1ieitor Hon. Lowry Arnold, R. M. wiley, prosecutor, and others. Sentence commuted December 9th, 1909.
FRED IRBY.-Concealed weapon. October term. 1909, Superior Court Houston connty. Sentence 12 months clrnin-gang. County physicinn certifies that he is suffering from very serious affEction of double hernia and is liable while undergoing the sentence to become strangulated, producing permanent disability. Is unable to work and citizens recommend commutation defined. Commutation granted upon payment of $35.00, December 14th, 1909.
,JoHN LrvELY.-Misdemeanor. September term, 1909, City Court, Atlanta. Sentence 10 months in chain-gang. rrwo cases ag'ainst defendant, one for being drunk on public highway, and the other for fight with brother-in-law. No serious injury resulting. Defendant is in poor health as shown by Docior 's certificate. Judge Calhoun, Solicitor Arnold
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and many good citizens recommend release. Judge C.alhoun says is a burden to county. Commutation granted December 14th, 1908.
DELLA LALLrn.-Murder. J,anuary term, 190\ Superior Court F'ulton county. Sentence life imprisonment. Presiding judge and Solicitor Hill prosecuting case, recommend pardon and say that she was hardly guilty of anything more than manslaughter. Has served 5 years and shows good record. Commutation granted December 16th, 1909.
SrM HARRrn.-Murder. .January term, Hl02, Superior Court Fulton county. Sentence life imprisonment. Upon evidence not submitted at trial, it appears that defendant was perhaps not guilty of nnything, certainly not of murder. Camp physician ceTtifies that defendant is in had physical condition. Shows exce]]ent prison record. Commutation granted December 16th, 1909.
RoBrnT CALLAHAN.-Gaming. May term, 1909, Criminal Court, Atlanta. Fine of $75.00 or 12 months in chain-gang. Defendant having served about half of sentence, the judge and solicitor prosecuting ease recommend that sentence he commuted to fine. Sentence commuted to $40.00 December 17th, 1909.
JrM ALLEN.-Burglary. :B~all term, 1905, Superior Court, Bibb county. Sentence five years in prison, term will expire Jannary 20th, 1910. Defendant pleads very earnestly for spending Christ-
57

mas at home. Considering all circumstances, good record, etc., it is deemed not amiss. Commutati9n granted December 20th, 1909.
"\VrLL KELLEY.-Assault to murder. Spring term,
1908, Superior Court, "\Yalker county.. Sentence three _\-ears in prison. Solicitor-General, Hon. J. W. Bale, and Hon. J,1 rank Copeland, of counsel for the Stnte, father of assaulted party, Sheriff, Ordinary and Clerk of Superior Court request commutation. Commutation granted December 20th, 1909.
GRIFF FREEMAK.-::\Iisdemeanor. August term, 1909, Fulton county. Sentence 6 months in jail. Count:- physician certifies that he has a dangerous asthma and heart troul1le from which he is suffering nnj advises his release. Sheriff certifies that his death is very much imperiled by confinement in jail and rerommencls his release. Commutation granted December 20th, 1909.
JoHN C. "\VrTZELL.-Larceny. Fall term, 1907, Superior Court Gilmer county. Sentence four years in prison. Ile is an ignorant Dutchman ,vho has an exceptionally fine prison record. He loaned another Dutchman $50.00, which he failed to return, and defendant very much in need of same was ad-
vised b,\- a friend to go to Gilmer county, whip the
borrower and take his horse. This he did, hut horse was recovered with little expense. Circumstances warrant release. Commutation granted December ~0th, 1909.
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FRANK FALLING.-Larceny. Fall term, 1907, City Court, Jasper county. Sentenced to Reformatory. Has served since November 24th, 1907. Superintendent of Reformatory recommends discharge on good record. He is 15 years of age. Commutation granted December :.20th, 1909.
LucY LITTLE.-Felony. Spring term, 1908, Superior Court Putnam county. Sentence five years in prison. She is an inrnlid suffering with tuberculosis and unable to work, has people who will take care of her. Commutation granted December :.20th, 1909.
JrM REESE.-Selling liquor. July term, 1909, Oconee county. Sentence 1:.2 months chain-gang. Has served half of sentence, and trial judge requests commutation of sentence to $100.00 including costs. Solicitor, Ordinary, Sheriff and Clerk also recommend that the case take this course. Sentence commuted in accordance with request December 21st. 1909.
,VESLEY PrnRcE.-::\Iurder. Fall term, 1908, Superior Comt, Fulton county. Sentence life imprisonment. \\'as a negro boy 14 years of age when c.onvicted, and has served 11 years. Solicitor-General and many good citizens ask his release on account of youth and aggravating circumstances. Sentence commuted December 2:.2nd, 1909.
ANNIE TucKER.-::\Iisdemeanor. October term,
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1909 City Court Hancock county. Sentence 12 months in chain-gang. A married woman with two small children dependent upon her for care and support. Her physical condition is bad rendering her unfit for service. :Member of legislature, senator of the district, judge and solicitor and other prominent citizens indorse application for clemency. Commutation granted ,January 8th, 1910.
JAKE CARITHER.-Mfi_sdemeanor. October term, 1909, City Court of .Monroe. Sentence of $100.0J or 12 months in chain-gang. Trial judge in a letter strongly urges clemency. Commutation granted January 17th, 1910.
JoHN I. LEwrs.-~Iisdemeanor. ]'all term, 1909, City Court "Wilson county. Sentence nine months in prison. Presiding judge and trial Solicitor recommendii a noderat:e fine. Hon. Pope Brown, and other good citizens testify to good character and believe that he will not again violate the law. He is a poor trustworthy farmer, has :1 wife and several small children dependent upon him for support. Commutation and payment of $:25.00 granted January 1:2th, 1910.
JoHN RoBERTSON.~Murder. ]~ebruary term, 1903, Superior Court Fulton county. Sentence Life Imprisonment. Presiding Judge, Solicitor-General and also county officers and many citizens urge clemency. Commutation granted January l:2th, 1910.
60

PERRY CRAWLEY.-Larceny. April term, 1909, City Court of Berrien. Sentence 12 months in chain-gang. Presiding judge, Solicitor-General, county officers and trial jury indorse application. Commutation granted February 7th, 1910.
HENRY RoRERTs.-Larceny. September term, 1897, Superior Court Pickens county. Sentence Life Imprisonment. House burned was a small shack. Party owning house and prosecuting case, asks that sentence be commuted. Trial ,judge and county officers strongly urge clemency. Trial Solicitor dead. The defendant has served 1:3 years with good conduct. Commutation granted January 12th, 1910.
GEORGE GooLsBY.-Murder. May term, 1909. Superior Court Upson county. Commuted to Life Imprisonment. His pardon is recommended by Prison Commission after careful view of all facts in case. It also appears that other parties were connected with commission of crime and the commutn tion of Life sentence of defendant may result in their conviction. Commutation granted ,January 13th, 1910.
CHARLIE THOMAs.-Larceny. March term, 1909, City Court of Atlanta. Sentence 12 months or $100.00 each. Has completed one sentence, and Prosecuting Solicitor and Trial Judge join in recommendation for $50.00. Commutation granted January 22nd, 1910.
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RoBERT Yo-cNa.-Misdemeanor. December term, 1909, City Court of Oconee county. Presiding and Prosecuting Solicitor urge clemency. Sentence commuted to a fine of $50.00. Commutation granted February 7th, 1910.
Al\IELIA MoRELAND.-Arson. September term, 1884, Superior Court Green county. Defendant a negro woman has been confined in penitentiary 26 years. Prosecutor states in writing that he does not object to release. Hon. IL G. Lewis solicitor at the time, says he cheerfully recommends same, other prominent citizens do likewise. Commutation granted February 11th, 1910.
SALLIE GRIFFIN.-Vagrancy. September term, 1909 Criminal Court Atlanta. Defendant has served about six months, conduct has been good; Judge, Solicitor, Sheriff strongly urge her discharge. Commutation granted February 19th, 1910.
vV1LL HENRY.~Larceny. July term 1909, City Court, Oglethorpe county. Fine of $75.00 or 12 months in chain-gang. The sentence provided that the payment of money in lieu of chain-gang services should be paid by a certain date. Defendant faile::l to raise money at the time, but afterwards did so and desired to pay; court refused. Commutation granted by allowing payment of $75.00 the original fine imposed by the court. Commutation granted February 28th, 1910.
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THOMAS HoPKINs.-1fisdemeanor. Fall term, 1909, City Court, Screven county. Sentence 1:2 months chain-gang. Judge Boykin who presided
at the trial strongly urges commutation to payment
of $150.00. Commutation granted in accordance with recommendation February 28th, 1910.
AKTHOKY REDDICK.-::Yiurder. Spring term, 1909, City Court, Sumter county. Four cases. Sentencti 40 months chain-gang. County physicians report defendant in desperate health. It appears that further confinement would result in death, and perhap.:i if released he might recover, although it seems doubtful. County Commissioners and warden say that he is unable to work, and his care and expenses are $42.00 per month. Commutation granted February 28th, 1910.
JULIAN Cu.nK.-Stealing ride on train. September term, 19ml, Criminal Court, Atlnnta. ,Vas eonvicted September 25th, 1909. His mother is dangerously sick, and not expected to live. He was only 16 years of age when convicted. His youth and condition of mother and circumstances of case justif~ commutation. ]'ine commuted to payment of $:25.00. Commutation granted March 7th, 1910.
CHARLIE lRwrN.-Selling liquor. November term, 1909, Superior Court, Henry county. Sentence
$500.00 or 12 months. He is reported to be practically an invalid, and not able to pay fine. His appli-
cation is endorsed by members of Legislature from
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:F'rm1klin county. Dr.~'"- vV. Carmichael and others certifies to his physical condition. There is some question as to whether he sold the whiskey or bought it from one ,Jack Williams. At the trial of the case, it was not certain that there was such a party as ,Villiams, but since the trial it has developed that there was such party. Eleven of the jury recommend clemencv commuted to $100.00. Commutation granted March 9th, 1910.
Jnvr STAPLEs.-Burglary. February term, 1908, Superior Court, Polk county. Sentence 4 years. Trial judge, prosecuting solicitor and sheriff of Polk county endorse application un grounds tbnt he giw2 inforr~-:11tion on intended escape from jail on the part of several other persons. He has served since September 11th, 1908. He stayed in jail about a year prior to sentence. rrhis would make, crediting l1im with good time, about three years confinement. Commutation granted March 9th, 1910.
MosE JoHNSON.-Murder. September term, 1908, Superior Court, Baker county. Sentence death penalty. Prosecuting attorney states that be does not think boy should be hanged. rrhe trial judge says that if the two old men who procured the boy to do the shooting escaped with life sentence, that the boy should not be hanged. He has just passed 16 years of age and the grand jury indicting him ask for commutation for life imprisonment. Commutation granted March 15, 1910.
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JuLIA l\foRTON.-Arson. December term, 1899, 8uperior Court, Jackson County. Sentence life imprisonment. Defendant was paroled some time ago. She is now in desperate health, having pneumonia and has convulsions frequently, is also a consumptive, and doctors say she cannot live long. Sentence commutej to present service April 10th, 1910.
RrcnARD C_rnR.-Rohhing. December term, Superior Court, Bibb county. Sentence 10 years in pnson. Presiding judge, prosecuting attorney, grand jury, arresting officers, recommend commutation to present service. Commutation granted April 26th, 1910.
FERDINAND IIonsTMAN.-Larceny. Fall term, , 1905, Superior Court, Fu1ton county. Sentence 8
:-ears. He has served more than ha1f his term, seems to have been duped into commisFiion of crime by one 0. B. Black, ,vho was sentenced to 10 years service, and granted commutation in 1908. Commutation granted April 6th, 1910.
I1rn TuGGLER.-Murder. Spring term, 1901, Superior Court, "\Yalton county. Judge R. B. Russell, who presided at trial, Hon. C. H. Brand, SolicitorGeneral prosecuting, the grand jury and trial jury a11 recommend commutation of sentenre to present service. Commutation granted April 7th, 1910.
DAN Lrnx.-Murder. Fall term, 1884, Superior Court, Bryan county. Life imprisonment. Pris-
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oner was paroled April 1909, after diligent inquiry and investigation of conduct of present sentence, he was paroled. The Commissioners recommend he is entitled to pardon. Commutation granted April 7th, 1910.
HENRY BRADLEY.-1\Iurder. November term, 1906, Superior Court, Montgomery county. Sentence life impriirnnment. Negro killed was a desperate character, having gone to the mill where defendant and others were at work and shot at some of the negroes. Superintendent sent some of the negroes through the swamp where he was hiding, and being located and resisting arrest, was shot and killed. Hon. E. D. Graham, prosecuting attorney, urges clemency. Commutation granted April 15th, 1910.
SHuG BERRY.-Burglary. February term, 1909, Superior Court, Butts county. Sentence 5 years. Character of the witness upon whose testimony defendant was convicted, renders his guilt extremely doubtful. Eleven of trial jury, prosecuting attorney recommend clemency. On trial of case jury recommended misdemeanor, but judge did not respectfully recommend same. Commutation granted ,June 4th, 1910.
DoRsE P ARKER.-Murder. 1896 term Superior Court, "\Vilkinson county. Sentence life imprisonment. Defendant has served in penitenhary since 1896. Seems to have been convicted on circum-
66

stances. Had head crushed since being in penitentiary, from which he frequently has convulsions. Trial judge and solicitor endorse application for clemency. County physicinn states defendant cannot live much longer. Commutation grnnted April 12th, 1910.
BEx SMARR.-~~ssault. February term, 1910, Superior Court ::\Ionroe county. Sentence 12 months in chain-gnng. The entire jury, except one, recommended that fine be reduced below $100.00. Sheriff also recommends same, county officers, Representatives and other good citizens endorse applicntion. Sentence commuted to payment of $125.00. Commutation granted April 12th, 1910.
E. F. Knrn.-::\Iisdemeanor. August term, 1909, Superior Court, Gordon County. Sentence $700.00 and 9 months. Applicntion for clemency is endorsed by trial jury, together with about 700 citizens of Gordon county. Col. Rankin says that Judge :B~ite, who presided at the trial, stated to him that he did not oppose commutation. Chain-gang sentence wns suspended by trial judge if the defendant would leave the State. Has been absent from State 7 months, and desires to return to his home and county, and promises to never again engage in the sale of liquor direct or indirect.
As Artiele 1, Seetion 1, Paragraph 7 of the Constitution of the State of Georgia says "neither banishment beyond the limit of State, nor whipping, as
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punishment for crime, shall not be allowed,'' and aR the law does not permit judges of the superior court to suspend sentences, it appears that the trial judge exceeded his authority in this case, and therefore under the circumstances it seems to be a proper case for the exercise of clemency. Commutation to payment of fine granted April 15th, 1910.
EvA RrnRY.-Selling liquor. .June term, ]909, Citv Court of ::\Iillen. Fine of $:WO and U months. Eight of the trial jury recommend commutation, as also does a large number of citizens. She is a poor negro woman and will have to stay in the chain-gang for ]2 months. Commutation of sentence to service of 12 months in chain-gang and payments of costs rn case. Commutation granted April 15th, 1910.
KATE O 'DwYER.-Misdemeanor. October term, Superior Court, Clarke county. Fine of $1,000, 12 months in chain-gang, and 6 months in jail. Defendant plead guilty in two cases, in one she paid fine of $200.00. The sentence in the other case, the one noted above, wa:s suspended upon her agreeing to leave county. Her attorney advised at the la:pse of 12 months she could return to county, which she did, and is confined in chain-gang. Her application for clemency i~ in.dorsed by Solicitor-General and others. Commutation to present service granted April 29th, 1910.
FELIX DAVENPORT.-Assault with intent to 1~mrder. Spring term, 1907, Superior Court, Jackson
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county. Five years in prison. Solicitor-General, trial judge and county commissioners all urge clemency. Commutation to present service granted April 30th, 1910.
ARTHUR CoLE.-Misdemeanor. Fall term, 1909, Superior Court, Fannin county. Fine of $1,000, or 12 months. Defendant has served in gang since October 30th, 1909. In view of long service and good behavior, it is recommended that the sentence be commuted to present service upon payment of $100. Commutation granted May 5th, 1910.
ELI MuLLTs, JR.-Misdemeanor. March term, 1909, Superior Court, Wilcox county. The sentence provided for 12 months in chain-gang, and also that 10 months of the sentence might be commuted on payment of $250. Commutation granted in accorda-ilce with recommendation May 7th, 1910.
TALLY Lmrn.-Burglary. March term, 1910, Superior Court, Coffee county. Four months and $200. Defendant has just passed 15 years of age, and has served more than a month in chain-gang. Grand 5ury recommended commutation of his sentence to the payment of, fine imposed. The goods taken were of the value of about $12.00 or $15.00. Commutation to payment of $200.00 and present service granted May 7th, 1910.
DENNIS HAMILTON.-Misdemeanor. City Crimir:al Court, April term, 1910. Ten months in gang or
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$50.00. He is a half-witted boy 16 years old without mental capacity to appreciate th~ offense he committed, or to know he is in chain-gang. ,Vas arrested in Habersham county. Left home without consent and came to Atlanta, was picked up a vagrant and was accused of stealing rooster. 'l'riaI
judge recommends commutation to present service,
which was granted in accordance with recommendation }fay 9th, 1910.
B. F. TmvLER, ,VrLL HuNT, ALVIN EvANs.-Perjury. Superior Court, vValton county, February term, 1909. Sentence four years. Defendants arc all ignorant men overpersuaded to testify falsely by a man of much superior intelligence. They voluntarily pleaded guilty and gave evidence resulting in the indictment of the suborners and the conviction of one of them, who is now serving a 7 years sentence. Trial judge makes statement in person that he thinks it would not be against public interest to commute sentence. Solicitor-General, Represenhltive Edwards and all county officers, together with grand jury and 25,000 citizens of vValton county, all recommend release. Commutation granted ":\fay 11th, 1910.
JrM HrLL.-Forgery. ::\farch term, 1907, Superior Court, McDuffy county. Sentenced to 1 and 4 years. Has had tuberculosis for several months and has been critically ill, and a menace to the other inmates. The attending physician urges his immediate release; county authorities and trial judge do
70

likewise. Commutation to present service granted May 11th, 1910.
RoLLIE "\YALDEN.-Simple larceny. January term, 1910, Superior Court, Rockdale county. Sentence four months. Has served three months, and from facts gathered, it is doubtful whether he is guilty. Condition of his wife is such as to need his presence and services. Seven of the jurors, trial judge and large number of good citizens ask that sentence be commuted to present service. Commutation to present service granted May 11th, 1910.
,JERRY FAnLmv.--:\Iisdemeanor. October term, 1909, Criminal Court, Atlanta. Sentence 8 months. Two cases. Trial judge, prosecuting Solicitor and officers of court, policemen representing case, all recommend commutation. Commutation to present .service granted :May 13th, 1910.
L. M. BROUGHTON.-Attempt to murder. City Court, :F'ulton County, January term, 1909. In trial of case, jury recommended punishment for misderneanor, and he was sentenced to chain-gang for 1:3 months. A disease has developed since his confinement which renders him unfit for labor. County physicians certify that he has valumber heart trouble, causing general dropsy, and inability to lie down at night, and trial judge and solicitor recommend release. Commutation to present service granted
:Ma.v 13th' 1910.
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JoHN GRINER.-Burglary. Fall term Superior Court, 1907, Coffee county. Sentenced to Reformatory. Superintendent writes that he has complied with all requirements. Commutation granted May 16th, 1910.
J\IRs. R. B. HILL.-11:isdemeanor. February term, lfJlO, City Court, Floyd county. Twelve months chain-gang. She is 48 years of age. Chairman of
County Commissioners, Hon. vV. ~I. Gammon ancl
. other prominent citizens of Floyd county recommend
release. Commutation to present service granted
May Hith, 1910.
JOHX CARTER.-Simple larceny. August term, 1909, Superior Court, Campbell county. Party w,,s convicted for stealing a small amount of corn from the man which he lived with and feeding to chickens, not over $1.00 worth. Has served about 8 months,
an<l asks to be discharged on payment of $20.00.
Commutation to present service granteJ upon payment of $20.00, May 14th, 1910.
HENRY "\VHTTEHEAD.-Misdemeanor. January term, 1910, Criminal Court, Atlanta. Sentence 12 months in chain-gang or $50.00. Negro was only 15 or 16 and was convicted for some petty larceny. He is in such condition that he is unable to work, suffering from chronic peritonitis, and county physician
requesh; his discharge. Commutation to present
service granted ::\fay 18th, 1910.
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E. B. RuNYON.-Burglary. April term, 1910, Superior Court, Chatham county. Two cases, six months each. Boy of very respectable parentage in Richmond, Ya., came to Savannah about April, 1910, and committed offense above stated. Is about 17 years of age, and was sentenced to Industrial Fann near Savannah. Affidavits of several physicians , show that at the time he committed the crime and before said time, was severely demented and that he should be released and removed -where he can have surgical attention. Commutation to present serviee gr_anted June 16th, 1910.
TROY THOMAsox.-Suhornntion of purgery. August term, Hl09, Superior Court, ,Valton county. ,Vas convicted mainly on own statement. It appears that he was trying to obtain release of an older brother and perhaps in ignorance of law committed the crime. The trial judge, grand jury, county off:cers of vValton and Gwinnett county, togEther -...,-j th Beveral hundred of the hest citizens recommend pardon. Ccrnmutation granted ,June 19th. HllO.
JACK I\fcCLOFD.-Murder. October term, 1905, Superior Court, Telfair county. Life impri:,mnment. Prosecutor, near relatives of deceased, SolicitorGeneral, trial jury and all of county officers recommend clemency. Commutation to present service granted June 12th, 1910.
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PAROLES.
BuD CooPER.-Murder. March term, 1903, Superior Court Gwinnett county. Sentence Life Imprisonment. Prisoner has served more than the minimum sentence fixed by Jaw for the crime committed. Two representatives and the former Solici. tor who prosecuted him recommend parole, Presiding Judge dead. Parole granted July 7th, 1909.
O'MEIG PowELL.-Manslaughter. Spring term, 1906, Superior Court, Sumter county. Sentence :W years in prison. Has served more than minimum sentence. Strong petition of citizens urge release. Solicitor General does not object. Parole granted July 28, 1909.
HENRY Sl\UTH.-Burglary. April term, 1009, Superior Court Montgomery. Sentence 15 years in prison. Good conduct of prisoner. Has served more than the minimum sentence Application indorsed by solicitor-general, county commissioners and others. Parole granted July 29, 1909.
OscAR ALGREEN.-Burglary. April term, 1907, Superior Court Fulton county. Six years in prison. Has served more than minimum sentence for crime committed with good record in penitentiary. His release is recommended by solicitor-general and officers, also by Rev. Carl Schaefer pastor of church and many good citizens. Parole granted August 7th, 1909.
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"\VALKER BARENTIME.-Vo]untary Manslaughter. March term, 1906, Superior Court. Coweta county. Sentence 5 years in prison. Has served more than minimum sentence with good record. Physician .certifies he has developed tuberculosis. Release is recommended by very ]arge number of citizens. Parole granted August 9th, 1909.
EuLACE wALLACE.-Larceny. After T rust.
Spring term, 1909, Superior Court Fulton county. Three years in penitentiary. Has served more than minimum sentence for crime committed with good conduct. His release is recommended by solicitorgenera], officials of the county, and other prominent citizens. Parole granted August 9th, 1909.
ToM EvANs.-Larceny. March term, 1908 Superior Court Cobb county. Five years in prison. Has served more than minimum sentence fixed by law. Has served a year and six months with good conduct. His release is recommended by Trial ,Judge, Solicitor General, officers and several hundred citizens of Cobb county. Paroled September 11th, 1909.
ToM ANDERSO~.-Murder. ,January term, 1898, Superior Court, Emanuel county. Sentenced to life imprisonment. Has served more than minimum sentence for crime committed with good conduct. His release is recommended by trial judge, prosecuting solicitor, nine jurors, others not being accessible and large number of good citizens. Parole granted September 11th, 1909.
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SNOW ALLEN.-Burglary. Spring term, 1902, Superior Court, Jackson county. Sentence 10 years in prison. IJas served more than minimum sentence. Presiding judge and large number of citizens recommend his release. Parole granted September 11th, 1909.
EMANUEL ::\fcGHAN.-Murder. April term, 1886, Superior Court, Marion county. Life imprisonment. Has served inore than minimum sentence with good eonduct. He is growing old, considering the conflict together with his long services. Parole granted September 11th, 1909.
ToL CANNON.-Larceny. March term, 1906, Superior Court, Habersham county. Has served more than minimum sentence fixed by law. Trial judge recommends release, other good citizens do likewise. Parole granted September 11, 1909.
JOHN BrcKERs.-Burglary. November term, 1905, Superior Court, Bibb county. Sentence 10 years in prison. Has served more than minimum sentence for crime eommitted. Trial judge, solicitor-general and county physician recommends release. Parole granted September 11th, 1909.
vV. A. 11AxwELL.-Voluntary manslaughter. Fall
term, 1907, Superior Court, Grady county. Sentence 8 years in prison. Has served more than minimum sentence for crime committed. Previous history and record good. Solicitor-general, trial
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judge, jurors and citizens of Grady county recommend his release. Parole granted September llfo, 1909.
ANN TuRNER.-::Hurder. Spring term, 1890, Superior Court, Terrell county. Life imprisonment. Has served more than minimum sentence for crime committed and is now 60 years of age. Her pardon is recommended by solicitor-general, all the jurors except one who is not accessible. Parole granted October 12th, 1909.
CHARLIE HA-:vrILTON.-Burglary. Fall term, Superior Court, 1908, Fulton county. Sentence four years in prison. Has served more than minimum sentence for crime committed. The jury recommended that he be punished as for misdemeanor, but the judge did not so sentence him. His mother is very old, a widow with sick daughter, and no oth2r members to support her. Parole granted November 13th, 1909.
HEN,:Y PATTEHSO~.-:Murder. July term, 1896, Superior Court, Hall county. Life imprisonment. Has served more than minimum sentence for crime committed. Has been a prisoner for 14 years. Presiding judge and prosecuting attorney say that they think he has served long enough. Parole granted N"ovember 2d, 1909.
CHARLES Sv,'ANSON.-Voluntary manslaughter. Spring term, 1905, Campbell county. Sentence nine
77

years m prison. Has served more than mmnnum sentence for crime committed. Presiding judge, prosecuting solicitor, most of the trial jury, warden and many good citizens recommend his release. Parole granted November 13th, 1909.
JESSE CLARKE.-Assault to murder. October term, 1906, Superior Court, Jones county. Sentence five years in prison. Has served more than minimum sentence. Trial judge, solicitm_-general and the prosecutor, trial jury and others ask release. Parole granted November 16th, 1909.
PHILLIP JEMISON.-Burglary. November term, 1905, Superior Court, }Iuscogee county. Sentence five years in prison. Capt. wyly Williams who prosecuted defendant and others say he is of weak mind. Parole granted November 16th, 1909.
MoLLIE F'ARMER.-}Iurder. April term, 1888, Superior Court, Fulton county. Life imprisonment. vVas convicted for killing infant child. Has served over 22 years. She has always protested her innocence. Her pardon is recommended by warden, superintendent and others of the State farm, by solicitor-general Chas D. Hill. Parole granted December 9th, 1909.
JoHN NELl\IS.-Felony. Spring term, 1905, Superior Court, "\Vebster county. Fifteen years in prison. Has served more than minimum sentence with good record. His release would not be incom-
78

patible with welfare of society. Parole granted December 9th, 1909.
,Vn,Lrn ::\foRGAN.-Larceny. Spring term, 1909, Superior Court, Fulton county. Three years in prison. Has served more than minimum sentence for crime committed. Judge Roan now considers the case misdemeanor and advises pardon. Boy only 13 years old when crime was committed. Parole granted December 13th, 1909.
WESLEY PrnRcE.-~Iurder. Fall term, 1898, Superior Court, Fulton county. Life imprisonment. Has served more than minimum sentence with good record. vVas 14 years old when crime was committed when under aggravating circumstances. Parole is recommended by solicitor-general and citizens. Parole granted December 20th, 1909.
JAMES _A_. GossETT.-Voluntary manslaughter. December term, 1903, Superior Court, Muscogee county. 16 years in prison. Circumstances of conviction show great provocation. Previous history and present record good. Paroled December 20th, 1909.
ALBERT ~lNDERSON.-Burglary. February term, 1907, Su1Jerior Court, Muscogee county. Five years. Has served more than minimum sentence with good record. Physicians say that his health is not good and that he is suffering considerably with serious disease which requires his release. Paroled December 20th, 1909.
79

JAMES LocKETT.-Murder. June term, 1907, Superior Court, Bibb county. Life imprisonment. Has served more than minimum sentence for crime committed. Previous history and present record good. Release is recommended by a petition of 200 citizens and the judge with solicitor-general say that in their opinion the offense committed was that of manslaughter. Parole granted December 21st, 1909.
ARTHlTR ,JoH~sox.-Voluntary manslaughter. Fall term, 1900, Superior Court, 1'1 loyd county. 15 years in penitentiary. Has served more than minimum sentence with good record. Release is recommended by trial judge, solicitor-general, nine of the jurors. Parole granted December 21st, 1909.
,JOHX HoLDE:rr.-Voluntary manslaughter. .January term, 1905, Superior Court, Laurens count_L Fifteen years in penitentiary. Previous history and present prison record good. The testimony shows that the deceased used very insulting language about defendants wife. ,Judge, county officers and a number of citizens recommend his release. Parole. granted December 21st, 1909.
PAnKrn LEwis.-1\furder. Spring term, 1903, Superior Court, Hancock county. Life imprisonment. Has served more than minimum sentence with good prison record. The grand and traverse jury recommend parole, presiding judge is dead. The record discloses that a witness who was not sworn in on the trial states that the deceased made an effort to strike
80

defendant with a piece of rail. Fonning considerable doubt upon legality of the Supreme Court of murder. Parole granted January 12th, 1910.
MARY DuRDEK.-:'.\Iurder. Spring term, 1900, Supreme Court of Camden county. Life imprisonment. Has served more than minimum sentence. Previous history and present record good, and defendant is in the last stage of consumption. Paroled January 11th, 1910.
CARRIE LocKLIER.-Vagrancy. December term, 1909, City Court, Floyd county. Confinement in chain-gang. Has served more than minimum sentence ,vith good conduct. She is a young girl, who at the request of Hugh S. "\Vallace of Rome, Ga.,
will go to Barela:- Memorial Home. Presiding judge
strongly urges this course. Parole granted February 21st, 1910.
MINNIE SMITH.-Vagrancy. December term, 1909, City Court7 Floyd county. Confinement in chain-gang. Has served more than minimum sentence with good conduct. She is a young girl, who at the request of Hugh S. vVallace of Rome, Ga., will go to Barclay Memorial Home. Presiding judge strongly urges this course. Parole granted February 21st, 1910.
NEWTON RoBINSON.-Burglary. October term, 1908, Superior Court, Houston county. Seven years in prison. Has served more than minimum sentence with good record. Presiding judge recommends
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parole. County physician says he is suffering to a great extent from rheumatism, same statement by warden. Judge Calhoun, Hon. Clark Howell, Solicitor Hill, Judge Reed, Hon. Arnold Broyles, Hon. Lowry Arnold and others of prominence ask clemency. Parole granted February 26th, 1910.
DAVE PETERS.-Murder. Spring term, 1899, Superior Court, Emanuel county. Life imprisonment. Has served more than minimum sentence with good record. Judge E. D. Evans who presided at the trial and others indorse application. Paroled ::\farch 5th, 1910.
vVrLL SMITH.-Murder. November term, 1902, Superior Court, Bibb county. Life imprisonment. Has served 17 years with good prison record. Presiding judge, prosecuting solicitor and some of the jury and other good citizens recommend pardon. Parole granted March 7th, 1910.
ALLEN RocKMORE.-Burglary. April term, 1907, Superior Court, Jones county. Seven years. Has served more than minimum sentence with good record. Trial judge, solicitor-general and prosecutor and others ask release. Parole granted April 6th, 1910.
BE.N ATKINSON.-Murder. November term, 1894, Superior Court, Bryan county. Has serrnd more than minimum sentence with good record. Application is.indorsed by judge of the City Court, nine of his
82

members, member of the legislature of Bryan county, sheriff, and various good citizens, senator and many officers of Emanuel county where defendant formerly lived and is now stationed. Parole granted April 7th, 1910.
CHARLES HAMILTON.-Burglary. Fall term, 1908, Superior Court, Fulton county. Four years. Has served more than minimum sentence with good record. His mother is very old and a widow with sick daughter and no members of the family to support her. A great number of officers of Fulton county and a number of citizens recommend release. Parole granted April 19th, 1910.
ENOCH SANDERs.-Assault with attempt to murder. :March term, 1908, Superior Court, DeKalb county. Has served more than minimum sentence with good record. Trial judge, solicitor-general, trial jury and a large number of citizens of DeKalb county recommend release. Parole granted April 14th, 1910.
,ToHN THoMAs.-Burglary. Fall term, 1908, Superior Court, Fulton county. Three years. Has served more than minimum sentence with good record. vVas only 16 years old at time of conviction, served about 18 months with good record. His mother is old and paralyzed and needs his support. Solicitor-general recommends pardon. Parole granted April 18th, 1910.
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WILL JoNEs.-Burglary. Spring term, 1908, Superior Court, Richmond. Five years. Has served more than minimum sentence fixed by law. Presiding judge, solicitor-general and others recommend parole. Paroled May 16th, 1910.
ROLLIN KNIGHT.-Larceny. December term, 1909, City Court, Atlanta. Eight months. Has served more than minimum sentence for crime committed. Presiding judge, arresting officers indorse application. Amount of property involved about 90 cents. Parole granted May 16th, 1910.
,ToHN vV. RowE.-Burglary. March term, 1908,
Superior Court, Fulton county. Fulton reformatory. Has served over two years and more than the minimum sentence for crime committed. Boy only 19 years of age and always maintained that he was innocent. Members of county commission together with best citizens of Fulton county recommend his release. Parole granted May 18th, 1910.
GEORGE PAL::.VIER.-Murder. Fall term, 1901, Superior Court Emanuel county. Lie imprisonment. Has served more than minimum sentence with excellent record. Ten of the jury recommend his pardon. Judge Beverly D. Evans, who presided at the trial sign his application, a large number of citizens, several officers of county ask his release. Parole granted 1Iay 20th, 1910.
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RESPITES.
W. H. M1TCHELL.-Assault and battery. Fall term, 1909, Superior Court, Thomas county. 12 months on chain-gang. Respite granted September 1st, 1909, in order to give opportunity for prison commission to consider application for clemency. Date of respite August 10th, 1909; again on September 4th, 1909, in order to give executive time to consider application for clemency.
J.B. KELLOGG.-Murder. Superior Court, Cherokee county. Fall term, 1909. Respite granted until November 19th, 1909, in order to give prison commission and executive time in which to consider ap-
plication for commutation to life imprisonment in
accordance with the recommendation of trial Judge Morris. Date of respite October 9th, 1909.
JOE GEEER.-Concealed weapon. March term, 1909, City Court Monticello. Eight months chaingang. In order to give prison commission and executive time to consider application for clemency, on the grounds of new evidence seeking to establish innocence of defendant. Respite dated October 19th, 1909, and postponed execution of sentence until October 20th, 1909.
MITCHELL CATCHINGs.-Selling whiskey. ~farch term, 1909, City Court, Monticello. 12 months chaingang. In order to give prison commission and executive time to consider application for clemency upon
85

the grounds of defendant suffering from tuberculosis. Respite dated October 19th, ] 909, and of force until November 1st, 1909.
GEORGE GooLSBY.-Murder. nfay term, 1909, Superior Court, Upson county. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment. Respite dated .Tanuary 4th, 1910, and of force until January 14th, 1910.
GEORGE BuRGE.-Murder. Superior Court, Fulton county, fall term, 1909. In order to give attorneys' for defendant opportunity to present application for commutation to prison board and have same considered by prison commission and executive. Respite dated January 6th, 1910, of force January 21st, 1910, and Jannary 15th, 1910, and of force January 28th, 1910. In order to give prison commission and executive time in which to consider additional motion and grounds for commutation to life imprisonment. Respite dated January 15th, 1910, and of force January 24th, 1910; again .Tanuary 27th, 1910, in order to give the Supreme Court time in which to consider and pass upon bill of exceptions while in case. Date of respite January 27th, 1910, and of force until Friday, March 25th, 1910, and again March 24th, 1910, in order to give Supreme Court additional time in which to pass upon branch of case submitted to that court. Date of respite }larch 24th, 1910, and of force until April 15th, 1910.
86

,VrLLARD VVEBB.-Rape. Fall term, 1909, Superior Court, Cobb county. Sentenced to be hanged. In order to give prison commission and executive time in which to consider application for commutation to life imprisonment, on evidence alleging alibi. Respite dated ]'ebruary 3d, 1910, and of force until ]february 18th, 1910.
E. F. Krna.-Selling whiskey. August term, 1909, Superior Court, Gordon county. In order to give prison commission and executive time in which to consider applica,tion for commutation, and on account of sickness of attorney for King. Respite dated 2\Iarch 17th, 1910, of force April 16th, 1910.
JoH~ SurrLE.-}forder. February term, 1909, Superior Court, Jeff Davis county. Sentenced to be
hanged. In order to give attorneys' for defendant
an opportunity to prepare testimony and submit an application for commutation, and time for prison eommission and executive to pass upon the merits of clemency application. Respite dated March 25th, 1910, and of force until April 22d, 1910; and again on ~lpril 19th, 1910, in order to give prison commission additional time for investigation of evidence in case and of force until ~lpril 6th, 1910.
HENRY PATTERso~.-}Iurder. ~ovember term, 1909, Superior Court, Sumter county. In order to give prison commission and executive time in which to consider application to commutaton to life imprisonment, on application claiming newly discov-
87

ered evidence. Respite dated April 25th, 1910 and of force May 31st, 1910.
JESSE CooK.-Murder. January term, 1910, Superior Court, Bartow courtty. In order to give prison commission and executive time in which to consider application for commutation to life impri.somnent. Respite dated ::\fay 19th, 1910, and of force June 17th, 1910.
FRANK BnooKs.-Murder. August term, 19m),
Superior Court, Fulton county. In order to _give
prison commission and executive time in ,vhich to pass upon application for commutation to life imprisonment, chairman being sick, and temporarily unable to act. Respite dated .June 1st, 1910, and of force June 17th, 1910.
D~ . .J. ~I. ELLIOTT.-}Iurder. Novemher term, 1908, Superior Court, Troup county. Respite granted until September 10th, 1909, for the hearing and consideration of application of commutation to life imprisonment; again on September 7th, 1909, until October 8th, 1909, on account of the sickness of Hon.
vV. D. McNeal counsel for the defendant and the
application for clemency; again on October 4th until October 22d, 1909, in order to allmv the prison commiss10n and executive time for the consideration of application for life sentence; again October 20th, 1909, until Novernber 15th, 1909, on grounds tr, give expert physicians an opportunity to make examination as to the sanity of the defendant and re-
88

port same to the proper authorities; again on November 5th, 1909, until November 19th, 1909, on account of physician's certificate of the defendant had attempted suicide, by taking poison on November 4th, rendering his mental and physical condition such as to make the enforcement of the law in this case act repugnant to our civilization.
,ToHN HARPER.-Murder. August term, Superior Court, Murray county, 1909. Respite granted until October 8th, 1909, in order to give prison commission and executive time in which to consider application for commu1tation ;to ]ife imprisonment, on ground8 of newly dscovered evidence; again October 4th, 1909, until October 22d, 1909, in order to give prison commission and executive time for consideration of application for commutation to life imprisonment.
WrLL HoLT.-Misdemeanor. July term, 1909, City Court, Monticello. In order to give attorney for defendant an opportunity to prepare testimony to submit to prison commission and executive and give them time to consider application for commutation. Respite dated January 5th, 1910, of force January 15th, 1910.
RoaER MERRITT.-Rape. Superior Court, Fulton county, 1910. In order to give prison commission and executive time in which to pass upon application for commutation to life imprisonment. Respite dated :May th, 1910, of force June 17th, 1910; and
89

again on June 16th, 1910, and of force .June 24th,

1910, in order to give judge and solicitor time to

investigate ~

testimom.

as

to

mistaken

identit.v

and

have same passed upon by prison commission and

executive.

REPOH'l' OF THE XK'\"r CODE COJH::\fISSION.
To H1s ExcELLE:SCY,
,fosEPH l\I. Bnow::-;r,
Governor.
,Ve, the undersignell Commission, appointed in pnnmnnce of an .Act of the General Assembly ap-
JH"OYecl August 14, 1909, to examine and report on a
new Code of Georgia, codified by Hon.Jolm L. Hopkins, submit the following report:
Since the last session of the General Assembly
we have met in the Capitol in Atlanta from time to
tir~1e and have reviewed with Judge Hopkins the entire work done by him in codifying the laws of Georgia, as provided for in the above Act, and after
completing this work we beg to report that we believe the ,rnrk to be as complete and nccurate as it has
lwen painstaking and careful. \i~e have examined the Code of 1893 and noted
90

every proposed addition to this Code, and every part proposed to be omitted, and where additions -were
made, we examined with Judge Hopkins the _Act from ,vhich said additions were proposed and in every case we examined the authority for proposed omissions from the Code of 1895. In this manner we are satisfied that all the laws of a general nature now of force in Georgia are included and that all laws of a general nature which have been repealed or which have been declared unconstitutional or have been clearly superseded, have been properly omitted.
-we iilso report tlwt the work of arranging tlw different sections, placing the ne,v laws in their appropriate places, under their proper titles, and the renumbering of the sections, has been satisfactorily done.
This Commission approves the arrangement proposed by Judge Hopkins by whieh the Code will be published in two volumes, the first volume to contain the political and civil laws, together with the Code of civil practiee, the rules of courts, and the :B7 ederal
and State Constitutions; the second volume to con-
tain the penal laws, and the ]awe.; of procedure in criminal cases together with the lnws governing the working and control of convicts, the laws pertaining
to the public defense, and the pension laws.
1Ye, therefore, certify that we lrnve carefully examined a new Code of Georgia, eodified by Hon. John L. Hopkins, and are satisfied that said Code embraces all the general laws of a permanent nature in the present three volumes of the Code of 1895,

n0t repealed and still of force, together with all the general Acts and amendments of a permanent nature since enacted, including the Acts of the session of the General Assembly of 1909 properly arranged and with the sections properly numbered, and all ap-
propriate marginal references to Acts, decisions and
cognate sections, and the Constitution of the United States, and of the State of Georgia, and all amendments thereto, the rules of the Supreme Court, the Court of Appeals, and the Superior Court, with a complete index to said Code; and we hereby deliver said Code with this report to Your Excellency.
Atlanta, Ga., June 15th, 1910 H. A. NLHHEWS,
,v. H. BURWELL,
Commissioners 011 the pa.rt of the 8eHate.
vv. F. BRmvN,
A. A. LA-\YRENCE,
vV. R. Jones,
Commfrsioners 011 the part of the House of Rcpresentatircs.