Governor's message [John M. Slaton] to the General Assembly of Georgia, June 23, 1915

GOVERNOR'S MESSAGE
TO THE
GENERAL ASSEMBLY OF GEORGIA
JUNE 23, 1915

GOVERNOR'S MESSAGE
TO THE
GENERAL ASSEMBLY OF GEORGIA
JUNE 23, 1915
1915 CHAS. P. BYRD, State Printer.
ATLANTA, GA.

GOVERNOR'S MESSAGE
]JXECUTIVE OF.B1ICE STA'J'E 0]1 GJ1JORGIA.
ATLANTA, ,June 23, 1915.
To the General Assembly:
Before making to you these recommendations contemplated by law and required by usage, it is my pleasure to briefly review events that have transpired within the last twelve months, which should be a source of pride to every Georgian.
Unexpectedly, the tocsin of war was sounded in J1~urope, and there began the greatest struggle which has ever sacrificed men or exhansted treasure. The greatest contests of history are microscopic when compared with it. It has affected the industry of every nation, and no people have suffered more than the South.
Her cotton and her naval stores lost their character as a medium of ready exchange and usual sources of revenue were denied. For a time it seemed that ruin was inevitable and no rainbow of hope appeared upon the horizon.
During this season it became necessary to re-
fund a large part of the bonded debt of Georgia. It
was the first sale of Georgia bonds in any considerable amount for thirty years. No time could have been more unfavorable. Speculators in fraudulent

bonds which constituted no obligation l1nd endeavored to enforce their payment hy having our securities excluded from investment hy savings banks and trustees. Capital, naturally timid, became more cautious because of universal uncertainty.
The Legislature of 19]4, prior to tho declaration of war, and in tho exercise of far-sighted statosnrnnship granted the Governor the authority to make a temporary loan in the event the bonds could not he sold advantageously, and it was thought this provision might be utilized.
And yet, when other States rould scarcely borrow at usurious rates, Georgia was offered a loan of tho full amount of her maturing debt at the rate of four and one-half per cent, and when she offered for sale her bonds they were ovorhi(l five times and commanded a price equal to that of the bonds of the State of New York.
'J'he Governor's offiee was crowded with investors from the financial centers, hut tho highest hid(lor, defeating his nearest rompetitor l~y a fraction of a per rent, was a Georgia citizen. Born within the State where he had spent his life, arquainted with
her history, knowing the lionor of her people, Mr.
Asa G. Candler bought the entire issue of bonds, making the only instanee 'Where a fltnte, exelusive of the financial centers, found itself independent of outside aid.
The bonds to be refunded, excepting $134,000, due May 1st, 1914, bore four and one-half per cent. The bonds sold to refund them bear four and onequarter per cent and these were sold at a premium amounting to $62,500. They brought $1,017.82 earh with the result that the principal of tlie bonded deht
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is reduced, the interest rate is lessern,d, and it is calculated that, by virtue of this refunding, the State of Georgia has saved $37:3,000.
Far beyond this, the advertisement to the world of Georgia's responsibility an<l resources has been of inestimable value to her.
Under the Refunding Aet, the Governor was authorized to borrow a sufficient sum to care for bonds falling due May 1st, 1915, so that the entire issue of honds might he ma(le as of date ,July l st, and this sum was borrowed at the rate of 2 per cent.
.Allow me to emphasize at this time a lesson which will never again he so impreisive. A great New York financier told rne the bonds of Georgia brought a high price beeause she was entitled to it-her Constitution and h1 er laws showed 8he was worthy of the highest credit. Her Constitution sternly forbids tl1e inenrrem(~ of any irnlebte<lnes8 an<l requires the anmml re(luction of her bond eel debt. It thunders this command of economy and breathes the spirit of the highest honor and pl<'dges every dollar of the State's property to tlH' payment of her obligations.
'l'hose who woul<l rhange this course and would lead the Jwople into the realms of visionary finan('e are not only offering them a mirage instead of a reality, but by the allurements of new bond issues and remote obligations are beguiling them on the shoals where man)' n State has suffered disaster.
TAX l~QUALIZATION LAW.
ln i1m1wdiate ('onnection with the foregoing and m; an integral part of the history of the bond sale should be mentioned the 'l'ax Equalization Law.
,Vhen I -was elected Governor and realized that
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the bonds must he sold in HH5, l saw New York bankers regarding the sale. They asked whether Georgia had not reached its Constitutional tax limit, and if so, whether we could increase the income or lessen the expenditures. If we could do neither, how could we hope to raise the necessary amount to annually retire our bonds or meet the emergency of a sudden depression of values of taxable property? These questions were difficult to answer.
In the meantime, the Legislature passed the F~qualization Law and the tax rah1 was reduced to 4 1/~ mills, and when these same questions were askecl in the Fall of l!H4 and in the Spring of 1915, the statement that a margin of one-half mill would raise twice the amount needed, met all objections and the financial triumph of Georgia was the result.
In 1914, under the operation of this law taxable values increasecl in excess of $85,000,000. This sum represented the net result after many decreases of returns ordered by the equalizers. It is estimated that two-thirds of this increase cnme from property never on the tax hooks before. 'l'he mlclitional returns from money, notes and accounts went into the millions and some localities protested hecause mortgages were taxed for the first time.
Because of the law, the great bulk of the tax-payers in Georgia are paying less taxes than before. County tax rates have been lowered, the State tax rate has been cut, and largely for the reason that those who have failed to contribute heretofore are now forced to bear their part of the burden.
Whoever opposes this law simply declares his opposition to the Constitution whieh it attempts to enforce. It is unfair that burdens should not be corn-
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mensurate with benefits and that the evasion by one person of his duty should enure to the injury of his neighbor.
The effect of this law has been to reduce the tax rate ten per cent. \Vhen the Comptroller-General
and myself met to fix the tax rate for 1914, in ac-
cordance with the statute, and after all the tax returns were made, we discussed whether the rate should not be larger than 4-lf:..! mills, hut the Comptroller-General, with his experienee of over thirty year:,; and with a fidelity to duty which has rendered the State his everlasting dehtor, quoted the law whieh provided that no greater rate eould be levied than was necessary to raise sufficient revenue to meet the
appropriations of that year, arnl that 41/~ mills com-
plied with the law. This authority was not only convincing, but com-
pelling. The Constitution did not contemplate that money be taken from the people's pockets and forced to lie idle in the Treasury.
Thi:,; eut in the tax rate sugwsts another benefit of the Tax ]1:qn:llization Law. \Vhen the rate was five mills and the Constitutional limit fivi~ mills, the tax-payers had no eheek on the appropriations made by their representatives in the Legislature. J;~xcessive apJH'Opriations were hicldf>n in a eoncealed clefieit. Now, if the tax rnte is raised, automaticall~ the attention of the people is aroused. The Constitution requires a record vote on every appropriation, and the economical legislator receives the moral support of his constituency, while the one who votes the money must be prepared to justify his action.
A hove and beyond all the benefits of thiR law, its effect will be to produce a more just and loftier
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tmd finer thought among the people. 1rhe citizens of distant counties will recognize that they are equally interested in the welfare of the entire State. Not a successful enterprise on the Chattahoochee but lessens the taxes of his neighbors on the Savannah. Not a quarry that pours forth its wealth in the mountains of North Georgia but helps the cotton planter of the southern section. Every Georgian will be united for the common good and he who obeys the law is but sharing the burden of his neighbor and following the one other commandment that c01nprisPcl all the rest: '' Love thy neighbor as thyself.''
I beg to refer you to the ahle report of J udg0 Hart, State Tax Commissioner, nml commend it to your earnest consideration. Jrnlge Hart has ahly served the State as a pure, efficient and uprigltt judge. As Attorney-General he wisely eounseled her officers and valiantly maintained her causes in tlw courts. But his highest and most lasting serviee has been and will be as State Tax Commissioner. His appointment was au inspiration-his service, a henedietion.
EcoNOMY.
Closely connectC>d with the 'I1ax l~qualization Law is the question of economy. 1fm1y urged agi!inst tlw law the argument that it only ennhled the legislator to make larger appropriatious and to spend the people's money more extravagantly. '11 his position is unsustainecl for the reasons which have been given.
We are all aware of the great universal depression on account of the European war. The burden is heaviest upon the South. Our crops which han, heretofore been transmutable into money, cannot he
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transported to foreign consumers and their value has been seriously affected.
'l'he ,var promises to last for a much longer period than was originally anticipated. It is impossible to foretell the effect upon property value or upon revenue.
Under similar circumstances, it would behoove a citizen in private life to adjust his expenditures to his income. The business man would delay making contemplated improvements.
The rule that would apply to a sound business man would apply to the Statt. The legislator must not forget that he is an agent expending the money of somebody else and he has no right to spend it without the expected approval of his principals.
It may he difficult to refuse tl1e importunities of deserving institutions seeking larger recognition and a wider field of usefulness, hut duty and complaisance are not always harmonious, and I suggest that few SPasons have been so inopportmrn for generous appropriations.
ALTIJITOR.
In this eonnection, I canwstly urge the passage of a bill providing for an Auditol'. The Governor has practically no method of verifying the necessities of the various departments calling on him for warrants. By postponing one requisition which can wait and honoring another whi<'h is urgent, he can so adjust the various daims as to prevent injustice to any one.
It is wrong to withdraw the money from the 'rreasury where the State is receiving interest and uselessly pay it to some institution, or department
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where it may lie idle in bank when some other department is sorely in need.
Every department of the State and every official due money to the State should he subject to examination at any time.
Not only would this he the means of saving much money that is wasted but the effect of a possible examination at any moment would he wholesome. I have been :mrprised at the great henefit resulting from the services of the auditor in the school <kpartment, and if the effect of his labors will he investigated by an appropriate Committee of your Honorable Body, there will no longer be any reluctance in the creation of a State Auditor. Georgia is almost the only State in the Union without one.
While the Governor has been struggling to pay the money for the schools an~l the veterans, large amounts have been due the State whi('h could have been collected if he had posscss0d this means of ohtaining the necessary information.
The Auditor should be appointed by the Governor and be subject to his direction and remoYal at an~' time.
TAX COLLECTORS.
Under the law, as heretofore interpreted, the Comptroller-General was authorized to issue an execution against Tax Collectors and their sureties for the recovery of money due the State. The Supreme Court of Georgia in the case of Gaulden vs. wright, 140 Ga., page 800, held this statute unconstifutional.
In 1914, the House of Representatives passed a bill whose purpose was to make the statute conform to the decision of the Supreme Court and the bill

faiied to be piaced upon its passage in the Senate because of the pressure of business.
I recommend that appropriate legislation be effected to enable the State to speedily collect the money due it. Under existing conditions, the Comptroller-General is much hampered in the performance of his duties in regard to the collection of taxes.
.According to a wise system rn force for over a generation, the payment of appropriations has- been made through warrants drawn hy the Governor, approved by the Comptroller-General and paid by the Treasurer. This plan constitutes a system of checking whieh conforms to the wisest public policy.
By the Act of lDl:2, the Treasmer was ordered to pay requisitions drawn directly upon him by the Commissioner of Agriculture. Under an opinion given by the then Attorney-General, the rrreasurer was compelled to comply with the law, and the Commissioner of .Agriculture was forced to act in conformity with the legislative mandate in sustaining his department. The result has been that on April :21st, 1915, a discrepancy had been created between the hooks of the Comptrol ler-Genernl and the Treasurer amounting to over $9:3,000.
The amounts constituting this sum have not been appropriated by the General Appropriation Act arnl the system violates the wise policy of informing the Legislature the exart amount of the appropriations made by it.
The appropriation, eyen though of no specific amount, should be included in the General Appropriation Bill. The warrants should be drawn by
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the Governor and approvetl by the Comptroller-General in the usual way, thus affording the safeguard which long experience has justified.
The law establishing the Barbers' Board allows payments to be made in similar fashion, but that Board has requested warrants from the Governor to be approved in the usual way hy the ComptrollerGeneral.
I reeommen<l thnt the law oceasioning such eonclitions he amPncled so as to direct that all payments be made under appropriation acts and then upon warrants <lrnwu by tl1e Ooveruor arnl approved by the Comptroller-GPncral. 'l'hesc warrants eould be issued upon vouel1ers and requisitions establishing; tlwir correetness.
H~;arsnm1m BoNDs.
rr11e 1nest1nt ho11<l sale ltas suggPste<l to me the wisdom of an Ad provi(ling that registered bonds may, in the joint diser<-tion of the Governor, the Seeretary of StatP and th<> TrPasurer, he ex<'hanged for new ngistmed bonds. The eause of this suggestion is that tlw blanks upo11 tl1<> rPgistered bonds are n<>cessarily exhauskd after a fow trnnsfon; !Jave been made, and, if au additional Hhed for transfPrH he attached and he loHt, the botHl loses its salability.
Should the bond he def\wed, or the 1transfer blanks exhausted, it woul<l seem advisable that in such instnnces a n<!W hornl migM lie issue<l iu exehange upon the exercise of tlw joint disf'l'etion of the three officers lwfore nanwd.
BoRROWlNG PowER OF THE UoYERNOR.
In ] ~ll~ tlw Constitution was anwnded so as to allow tlw Legislature to grant authority to the Gov-
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ernor to borrow a sum not exceeding $500,000 or purposes named in the amendment. In order for the Governor to have this power, it was necessary that an Act be passed granting the authority and the Governor was authorized to obtain such loan for the succeeding two years.
It is necessary that this General Assembly pass a law renewing this authority, and authorizing the Governor to borrow in accordance with the Constitutional provisions. J recommend that you pass a general law giving this authority in order that it may not he neeessary for each succeeding Legislature to re-enaet the law. If overlooked, tlw Governor might lw without authority to obtain any loan such as permitted by the Constitution.
I~DUCA'l'ION.
A great trouhle in our !ducational system has arisen from our failure to vay our teachers promptly. The condition arnse from ltmgthening the school term and inereasing the apprnpriation from an amount whicl1 was satisfied by Constitutional sources of revPnue to a much In rger snm and then diminishing the Constitutional revenue without making provision for the changPd conditions.
It is not wise to raise in advance enough money to cover the sd10ol appropriation, since the money would Ii( in banks and hear interest at only the rate of two pm cent and would he a eonstnnt source of tf'mptatiou to expend it for other purposes. In ad<lition, it would be unfair to the tax-payers to lrnve th<,ir money drawing only two per eent while they were paying larger rates.
I desire to re<'ommencl to you a plan which, in my
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judgment, will not only solve the entire problem, but will accomplish economic saving.
In 1910, the Legislature passed an Act constituting the County School Boards bodies corporate with the right to borrow money and to sue and be sued. Under this authority a large proportion of the Boards of Education have been borrowing money to pay their teachers. Some, from lack of facilities and for other reasons, have not done so and, in these instances, teachers have often borrowed at exorbitant rates.
Now, I recommend that by law the State Board of Education, of which the Governor is a member, be constituted a similar body corporate with similar powers to those of the County Boards of Education. It could obtain advances at such rates of discount as may be deemed advisable.
It will be observed that the amount of the advances could be adapted to the changing conditions of the Treasury. When the schools were not in session none would be needed. In September, when the corporate taxes are received, repayments could he made.
In any event, the State Board of Education, without violating any Constitutional inhibition, could ohtain these advances at four to five per cent, while now the teachers are paying in the aggregate murh more.
This plan would be consonant with sound finance and would remove an injustice that has long received the criticism of the State.
ScHOOL BooKs.
With all of our wealth, the greatest treasure of 11 State consists in her citizens. Thousands of parents
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who find it difficult to supply with food and clothin:; their little ones, make any sacrifice to give to them an education which shall afford them the opportunities of life.
'110 these people, the item of school books is a serious question. While the best should be supplied within practical limits, it is indefensible that experimental changes should be made or books be required, not because of their necessity or excellence, but in order to please some special publishing house.
The Act of 1911 guarded against this influence by providing that the State Board of Education should have on it no member who represented, or in the past ha:d been connected with a school-book concern.
This protects the farmer's child, but the artisan, the mechanic, the parents in crowded cities where poverty lays its heaviest hand, are entitled to similar protection. Hundreds of thousands of dollars are spent for books by children in the cities, and I recommend that a general law he passed applicable to these cities, declaring the same eligibility as requisite in City Boards of Education as required in the State Board. -who can object to such a law, and whence would come the opposition?
vVEsTERN & ATLANTIC RAILROAD.
The disposition of the vVestern & Atlantic Railroad is one of vital and pressing importance. The next Legislature after yours will witness the termination of the present lease and there must be no delay in deciding as to the disposition of this magnificent property.
I do not recommend more in detail about the act-
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ion of the 'State in this regard, since the subject will more properly be dealt with by my successor. But it should be treated as a business, not a political proposition. The problems which arise call for knowledge of railroad properties, their operation and their future.
In my judgment, the railroad should be leased and a commission should be created, composed of representatives of both branches of the General Assembly and of appointees chosen by the Governor to make appropriate recommendations to the Legislature.
The majority of the commission should be the Governor's appointees, because he could choose from the entire State the men of broadest capacity and technical knowledge.
The Legislature .should be represented upon the commission, because the disposition by the State of its railroad must eventually be passed upon by the General Assembly, and the legislative representatives upon the commission could act as the mouthpiece of the commission in each branch of the General Assembly and explain the reasons for the recommendations that may be made.
If the lease should promise to terrilinate at a time of great business depression, it might be to the disadvantage of the State to release the pr,pperty at that time u'pon the basis of its then revenue. What temporary action, if any, should be taken will be a matter of consideration by the commission.
This commission could determine whether any part of the property in Chattanooga or Atlanta could be leased to advantage without impairment of the ra_ilroad itself, and all the problems regarding the
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disposition of the Western & Atlantic Railroad could be submitted for its wise and patriotic solution.
INTERSTATE COMMERCE COMMISSION AND
& WESTERN ATLANTIC RAILROAD.
The Interstate Commerce Commission gave notice to Mr. John Howe Peyton, President of the Nashville, Chattanooga.& St. Louis Railway Co.; that it desired information regarding the valuation of all its lines, including the Western & Atlantic Railroad.
This valuation is being made of all railroad properties in the United States, and in every instance the railroad has appointed representatives in its behalf to parti"cipate in the valuation.
Upon the value of the Western & Atlantic Railroad as ascertained by the Interstate Commerce Commission will depend the ra.tes it can charg-e and will he largely influential in determining the amount for which it can be leased.
Therefore, it was highly essential that the State of Georgia should have some agent to represent it in ascertaining the worth of this splendid property.
Mr. Peyton, the President of the Nashville, Chattanooga & 'St. Louis Railroad, invited the State to participate, :and I appointed Mr. E. M. Durham, Jr., who is acquainted with the duties of the representative of railroad properties in such instances. He is experienced and has participated in work coming under the Federal statute.
It will be perceived that casual examination will not show the true cost of construction. Bridges may have abutments that a.re extremely expensive but concealed to cursory examination. The same may be said in regard to many of the elements entering

into the expense of building the railroad and tbe duty of our representative is to have aU of this clearly presented to the Inter.state Commerce Comm1ss10n.
This work requires not only familiarity with the law under which valuation is made, but also a high degree of skill as an engineer.
It will further be necessary to have the terminals valued in order to reach the worth of the entire property.
I urgently recommend that you pass a resolution authorizing the Governor to employ such assistants. as may be necessary to have the ,State represented in the valuation of the Western & Atlantic Railroad.
I think one engineer would he sufficient and incidental_ expenses for a stenographer might be paid.
When the terminals are valued, the Governor should be given such flexible power as he may need to see that the State's interests are protected.
p ARALLELING THE WESTERN & ATLANTIC RAILROAD.
In October, 1914, I learned that the North Georgia Mineral Railway, after complying with the requirements of the statute, had applied to the Secretary of State for a charter to construct a railroad from the City of Atlanta to Warford's Cross Road, in Bartow County. This railroad was understood to be an adjunct of the Louisville & Nashville Railroad and projected by those who were allies or owners of the LQuisville & Nashville system. The Louisville & Nashville Railroad is the dominant factor in the Nashville, Chattanooga & ,St. Louis Railroad, which is the lessee of the Western & Atlantic Railroad.
,s

~he grant of this charter and the construction of

the railroad would practically mean a paralleling of

the Western & Atlantic Railroad.

It is possible that the Secretary of State would

have been required to grant the charter as a minis-

terial act.

The action was one that affected the .State's prop-

erty to such an extent that I would have deemed _it

my duty to call the Legislature in extraordinary ses-

sion for the purpose of giving the General Assembly

the opportunity of determining what course should

be taken in the premises.

This necessity was obv~ated by a consultation with

the counsel for the contemplated railroad. They con-

sented to make no request of the Secretary of State

for a charter until after the Legislature of 1915 had

been given an opportunity to take such action in the

matter as it deemed advisable. I desire to commend

at this time their courtesy and consideration in

adopting the plan they followed in relieving the

State of the burden of such extraordinary session.

The question involves one of policy and greatly

affects the leases of the Western & Atlantic Railroad.

Whether the construction of this contemplated

will railroad

injure the Western & Atlantic Rail-

road, will lessen its rental value and whether legisla-

tion should be enacted to prevent consummation of

the plans of the projectors of the North Georgia

Mineral Railway, are matters for your consideration,

especially in view of the early necessity for the dis-

position of the State's property. I commend the

question to you for immediate investigation and determination. It has been held in abeyance for your

action, and I do not enter more into the details, since

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the question, like that of the disposition of the Western & Atlantic Railroad itself, will more properly be dealt with by my successor.
CHATTANOOGA CONDITIONS.
During the la.st several years, the delegation from Hamilton County, Tennessee, in which Chattanooga is located, has introduced bills into the Tennessee Legislature for the purpose of authorizing the condemnation of a right-of-way over the Western & Atlantic Railroad for the construction of a street.
The first time iudge Hart, then Attorney-General, represented the State of Georgia before the Tennessee Legislature. The bill passed the House of Representatives and was defeated by a narrow margin in the .Senate.
This Spring a similar bill was introduced. Hon. Warren Grice, Attorney-General, and Judge Hart were designated by me to represent the State of Georgia. The measure was pressed up to the hour of adjournment, and I am glad to report was not enacted into a law.
Messrs. Grice and Hart ably represented the side of the State of Georgia. T1he latter, at my request, participated because of his familiarity with the situation, and declined to accept any compensation therefor.
I call your attention to the printed report of these gentlemen, which is on file in the Governor's office, and I recommend that it be referred to the appropriate committee.
The equity of the State of Georgia against any condemnation is very strong. In 1880, a settlement was reached between the State of Georgia and the
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city of Chattanooga, and put in the form of a decree in chancery, by which Georgia gave to Chattanooga certain parcels of her property for use as streets, in consideration for which the city of Chattanooga relinquished its right to the very land it now proposes to condemn.
However, it is wise to consider the :matter from a practical standpoint and determine whether a settlement mutually advantageous can be agreed upon.
The thanks of the State are due to her sister State of Tennessee for its generous action in not passing the legislation. This friendly action but cements the bond of friendship long existing between Tennessee and Georgia. She has contributed much to Georgia in the form of splendid citizens, and it may be appropriately stated that the next Governor of Georgia is a native of Tennessee.
SEWERS IN CHAT'TANOOGA.
A question closely related to the foregoing matter is the desire of Chattanooga to build certain sewers through the State's property for purposes of convenience and sanitation. It is repres_ented to me that such construction is necessary to prevent the overflow of various buildings after rains, and will work no damage to our property.
Of course, nothing can be done without the consent of the lessee. If that be given, I believe that permission should be granted to the city of Chattanooga to do the work contemplated, provided there be no resultant harm to our property, and provided that the plans be subject to the approval of the Govern.or of Georgia. Under the conditions named, the permission should be granted without charge.
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This action wouid demonstrate the cordial feeiing
Georgia entertains towards Chattanooga, its welfare and development, and would necessarily result in stimulating among her citizens and officials an earnest desire to protect the property of Georgia located within her boundaries from unfair treatment, either in the matter of condemnation heretofore referred to; or otherwise.
The ,Vestern & Atlantic Railroad was one of the first, if not the first railroad built into the city of Chattanooga, and it contributed largely to the development of that splendid city. As property owners, we are interested in her prosperity, and the manifestation of the earnest wish on our part to help Chattanooga in the solution of her problems is not only right but wise from a selfish standpoint.
DUCKTOWN SULPHUR, COPPER & IRON COMPANY'S
CASE.
In 1913, the Legislature directed by resolution that the Governor enter into a contract with the Ducktown Sulphur, Copper & Iron Company for payment. of damages suffered by Georgia citizens, and such contract was to be similar to that made with the Tennessee Copper Company, and in the event the Ducktown Sulphur, Copper & Iron Co. failed to make such a contract, the Governor was directed to take appropriate proceedings before the Supreme Court of the United States to enjoin its further operation.
The Ducktown Sulphur, Copper & Iron Co. refused to make such agreement. The Supreme Court of the United States declined to grant our motion to enjoin the company and ordered that testimony
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be taken. The evidence was voluminous and the legal problems were difficult.
I have the pleasure of reporting that by decree recently rendered, the Federal Supreme Court sustained our contentions and limited the production of harmful gases to a small per cent, with right to ask further relief.
The trial of this case necessitated the expenditure by the State of more than $5,000.00, and if it protects the domain of Georgia from the invasion of those fumes, and incidentally secures the property of our citizens from damage and destruction, it has been well expended.
I advise that no settlement be considered in this litigation, except upon the approval of the Governor and Attorney-General, since the slightest unwise concession, either by resolution or recital therein, may result as matter of law in a refusal by the Federal Court of any remedy to Georgia, and might be followed by a dismissal of the entire case.
The action by the Ducktown Sulphur, Copper & Iron Co. was, in my judgment, a reflection upon the good faith of Georgia, and it is only entitled to most rigid justice at our hands.
MILITARY DEPARTMENT.
On the 27th of April, 1915, a communication was received from the War Department at Washington stating that because of a failure to supply a caretaker for the equipment provided by the Federal Government, all equipment would be withdrawn on May 1, 1915, from the Atlanta Artillery, Battery B. The value of this equipment approximates $100,000.00.
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I am informed that the same demand for a ~aretaker for other batteries is made by the 1,Var nepartment at Washington, and the penalty for failure to supply the same would be the further withdrawal of equipment valued at a sum exceeding $100,000.
I am informed that a caretaker could be provided in each instance for $75.00 per month.
Upon receipt of the communication from the War Department, I telegraphed General A. L. Mills, requesting a suspension of the order until the matter could be presented to the Legislature, and my request was granted.
The entire file is in the custody of the AdjutantGeneral, and I recommend that appropriate committees investigate the conditions at the earliest opportunity, with a view to r~moving the threatened impairment of the Military Department.
PRISON DEPARTMENT.
I believe that no better plan could be devised for the disposition of convicts in Georgia than that now of force. Such a system is humane, and is in accord with wise penology.
PRISON FARM.
I have visited the Prison Farm at Milledgeville, and find it well managed in all departments.
The sleeping quarters for the negro convicts should be enlarged. They are too congested, and as soon as the present financial depression is lifted, proper appropriation should be made1 for an additional building. It could be erected at less expense by use of the labor at the Farm.
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I urgently recommend that you pass a law lessening the number of convicts sent to the Prison Farm, and that by statute you enable the Prison Commissioners, in their discretion, to place upon the roads convicts committed to the Farm.
With the large number of inmates located at the Farm at present, it is impossible to utilize their labor. Their maintenance constitutes a source of increasing expense. They remain in enforced idleness, and nothing is more damaging than such a condition.
I had a large number of them to request me to effect their removal to the road work, but under existing law, there is no escape from the direction contained in the sentence of the oourt.
Misdemeanor convicts sentenced for only a few months are transported from remote portions of the State, and the expense of their transportation, and that of guards, to the Prison Farm, constitutes a heavy burden. After the termination of the sentence, their tickets home must likewise be paid for by the State.
This item of expense is growing to enormous proportions, and there seems to be an increasing inclination to forward all prisoners to the Farm.
This cost is now between $10,000 and $12,000 a year, and not only constitutes -a useless burden upon the taxpayers, but is damaging io the convicts in that they must be confined .without labor for them to do.
In this connection, I call your attention to the fact that the report of the Prison Commission shows the inmates of the penitentiary, including misdemeanor convicts, to have increased to approximately 8,000.
25

INDETERMINATE SENTENCES.
Under existing laws convicts are eligible for parole after a certain length of service. whether this parole should be granted depends upon the nature of the offense, its aggravating circumstances, the previous history of the convict, his conduct during confinement, his youth and similar factors controlling the discretion of the Prison Commission and the Executive.
At present a convict is largely dependent for parole upon the friendly interest of some person who will obtain the evidence and present his case. The humane provisions of the law should be uninfluenced by the existence of friends or money.
If the judge sentenced the prisoner in cases not capital for a period not less than a certain number of years, nor more than a maximum number, both to be within the limits of the penalty now authorized, the prisoner would have every incentive to good conduct, and while his character would be developed by the knowledge that his punishment was largely in his own hands, equal justice would be done to the friendless and the influential.
It is difficult for any judge to give a reason for the exact sentence imposed-why he sends one man for seven years to the penitentiary and another for six years. The intermediate sentence is no concession to hysteria or sentimentality, but is a wise advance in our penal system.
I am not wedded to the details of any plan to accomplish the purpoS'es indicated in the foregoing suggestions, but commend to you the wisdom of some legislation effectuating the purposes outlined.
26

~~XECUTlYF; MANSION.
I recommend for your consideration a disposition at some appropriate r-;eason of the :E~xecntive Mansion. The ground u1ion which it ir-; located is
nearly in the heart of the city, and is adapted to
business purposes. The value of the ground makes the possession of
the present J\[ansion an extravagance on the part of the State. Under the Conr-;titution, all the proper_ty of the State is pledged to pay its bonded debt. This constitutional provision might be met by effectuating an exchange of the prcr-;ent Mansion property for some other locality on which an appropriate Mansion had heen ereet0d with a surplus in cash heing payable to the State.
In addition, if some large hnilding were erected upon the land now ocenpie<l by the Executive :Mansion, the State would naturallr reet~ive in taxer-; a considerable sum of which it is now deprived.
It may he that with pres0nt depressed conditions the disposition of the ;\[ ansion would not now he wise, hut provision could be made authorizing the purchase of a new J\Iansion upon satir-;factory tcnrrn when business eonditionr-; permitte<l.
SIMPLIFICATION OF LAND TITLES.
In accordance with the recommendation which I made to the preceding Legislature, a committee was appointed to investigate and report to the next General Assembly in regard to the simplification of land titles in Georgia.
The subject is one of great practical importance, in view of promised ]1ederal legislation, the effect
27

of whieh would be to provide banking facilities to
farmers as well as to those engagell in commercial pursuits.
The presf'nt National Banking System provides rather for those engaged in trade than for those employed in agricultun. 1f larnl eoul<l be made readil: available as sewrity, the farme>r woul<l he enabled to borrow mom':" at a much less rate than that whieh is now required. At pr<>sent, lw must honow from loan cofnpanies with a heavy expense consequent upon
examination of the title to his land. It wonl<l re,id-
ily be seen that if the s_vstem be sirnplifierl so that the heavy expense can he obviated, the result would be of more benefit to those engaged in agricultural pursuits.
Any attempt to sirnplif: titl0s must b0 made in a manner consistent with constitutional 1no-visions. The ownership of land must not lw endangered arnl the legislation along this lirw must lw carefully guarded agairn,t dangernus exrwrimentation.
The Commission appointed for tl1e 1n1rpose will make to you its report, wlii<h I <onrniernl to your earnest and faithful consi<1eration. 1 Th<' suhjed calls for the wisc,st action and most <'arnest thought.
GEORGIA THAlNTNG ScrnioL FOR Grn1.s.
Under the Act of rn1:1, th<> Georgia Training
School for Girls was estnh]ishe<l. The appropriation has been expended in acconlance "ith the provisions of that Act, and with rare exeentive ability, the Board of Managers have erecterl a building peculiarly adnpted to the purposes contemplntecl hy the Act.
Heretofore the 8tate hns prO\ided no plaee adap-
28

ted to the S('gregation of waywanl young girls from older criminals. Tl1c work demands the highest sanity and t]w Managers, unsurpassed in their personnel by the bonrd of any other State institution, has evidenced the gn~atest common sense, both in econonomical management and in the effort to aid the unfortunate inmates.
'l'he condition of the State's finances requires that the expenditures along these lines he kept within reduced limifa, and (!Specially should this he done until the merit of th(~ new nnd(11-taking shall have been demonstrat(,,l. 1 think the Board of .Y[anagcrs will aid you in this parti('ular.
Mrs. Russell Rage has ma(le two donations for charitable purposes and left their disposition to Mrs. 1V. H. Felton, one of the ::\lanagcrs of the Training School for Girls. [ urnlPrstand they are for $:2,500. each and tliat l\frs. _F'elton dPsires these sums to be utili,,;ed in adnmccrnent of the Georgia Training School for Girls, along lines which she expects
to propose for your approval.
'l'he thanks of the State are <hH! }frs. Sage for her genmosity and to l\l rs. I1'elton for lier services in the
direction givpn by lwr to the donations.
PRINTING.
I desire espeeially to urge that your Committee on Printing investigate the number of books now being uselessly printed, and which, being in excess of all requirements, arc being thrown into the basement.
The statutes re(1uire the publication of more volumes than can be utilize<l and the money is therefore wasted. 'l'he State Librarian can afford you this information.
29

HrnHWAY CoMl\HSSION.
The real progress of any 8tate is marked by the greater attention it pays to its highways. The benefit of good roads is familiar to ali. The reduction of cost to the farmer in transportation of his products to the market, the aid to rural free delivery, the closer acquaintaneeship oceasioncd hy good roads b(~tween the various seetions of the State, the stimulation to an inereased rural lifo are familiar to every one.
A Highway Commission 1na) be established along economical lines and probably without the creation of new offices. Since the convi<'ts are under the control of the Prison Commission and for reasons of humanity, as well as of rlisciplim! and economy, should he under their direction, I think tlw Highway Commission should r<~main suhonlinak to the Prison Department.
While it is desirahl(~ that count~ sites should h<> connected by good roads, it must also be remembered that the great majorit)- of the citizens of ea<'h count)do not live upon these highwnys, and the roa<ls leading by farms and farmers' homef-l which happen not to he upon gern!ral highways should 1rnver be neglected. Therefore the prop<'r utilization of tlw conviets involves an acquaintance with local conrlitions in each county and the local authorities should have a voice in the direction to be given in improvement of public roads.
OFFICIAL REPORTS.
I beg to commend to your careful consideration the reports of the various departments and institutions of the State. They convey information which
30

will make you acquainted witli the necessities of these departments and institutions awl will guide you in the passage of your appropriation hills.
I especially commend for your careful examina-
tion and consideration the report of Hon. Vv. A.
Wright, the Comptroller-General and State Insurance Commissioner.
From this source you may obtain accurate information in detail of the receipts and expenclitures of the State and it will impress the necessity of wise economy in the expenditure of public monies.
The Comptroller-General has bc~en elected upon the faith of his receipt of an increased salary from the Insurance Department. As Comptroller-General his salary would be $:2,000.00 1wr year, without the right even to employ a stenographer, unless the Constitution be amended.
During his term of office, he has. represented faithfully the people and in assessing the great corporations of the State for taxation lias <lone justice to tlie corporations on the 01w side, hut has sturdil~' represented the intensts of tlie State on the other.
To E:very responsibility tlw t has been yJlaeed upon him, this able arn1 cousci<mtious official has n-sponded with ran conrng<! am) fi<1elity, and I trust lw llHl)' long he spant1 in the seni<e of the State.
'l'his message pradically eonelrn1es my official connection with the Stafo of Georgia. I served it for seventeen years in the Legislatun', for a short time as Acting Governor, and for two years as Governor. I know no position in wltieh a eitizen can render greater RervicP to his State than in the Legislature.
:n

In that body his actions ex,press the genius of tlw State and upon the preeedents he estahlislws wil I depend its downfall or its J>erpetuity.
My membership in the General ""'\ssernhly and my term of office as Governor have brought me c1ose1r in contact with the splendirl citizens of Georgia, whom I have learned to respe<'t and love each d11y with increasing affection.
Before concluding, 1 (lesire to express my thanks to the serretaries and the offieial for<'e iu the Exe<'utive Office, who have faithfully performed their duties and have rendere<l me at all times the best sPrvwe.
While many of the <luties have hP(n arduous arnl unpleasant, and psrwcial1y so lwcause their performance involves misundt~rstm1ding, I have arte<l arrording to my eonscience 11nd solely with the view of complying with the marnlates of the Constitution of the Rtate.
Resp(ctfnlly sulnnitted,

EXHIBIT A
Report of pardoll8, <om11111tatio1rn, parolf's and J"<'8pitcs granted sinee .June U, Ell4.
PARDONS.
l\L .1\1. DowLIN<,: Superior ( 'ourt of Polk Cou11ty, ,\ 11gust term, Hll:.!; emhezzle11w11t; two years in pellit<11tiary; pardoned ,July 8, Jm4. Action taken aft<r <ompletion of sentenee heeause of extenuating ei l'('Umstance:,;, jury having recommended that lw I>< puni:,;hed as for a mfaderneanor, his good record and fa<'t that he had obtained responsible position.
JoHN Hn,L: Superior {\nut of Polk Count), Spring term, Hll] ; manslaughter; four years in pP11ite11tiary. Disahilities rPrnovPd after eomplc~tion of i,wntenee on request of l<~ading citizens familinr witl1 <'inumstanees of crime and charaeter of appli<'mit, date of order, August 8, 1914.
CHARLES 0. SuTTON: Superior ( 1ourt of Wilcox County, Mareh term~ 1909; manslaughter; six years in penitentiary. nisahilities removed, after completion of sentemP, on recommendation of Prison Commission because of good eonduet previous to nnd after C'Onvietion, datf' of order, ,Tian. 5, 1915.
R. L. 1fcC'ALL: Superior ('ourt of Bihh County, No-
Yernlwr term, rn11 ; nmr<ler; lifo irnprisonnwnt; par-
doned .April G, 191.5. It was clear this very old man

"'as in an irrespomdhle rondition when he committed the <rime>; he \Yas pardonc>d on tlie ass11rarne that he
was in a <1ying ('Ondition and :-;o that he might diP
among his people.

ROBERT WoLFF: C'ity Court of Macon, Fall term, 1914; misdemeanor; four months on rhaingang; pardoned .Tanuary 20, 1915. He was ('Onvieted of steali11g ride on railroad train. It developed later that lw was on his wa,\- to Florida to accept a position arnl was withont fun<ls. He was only 15 y(rnrs old. I fp was returned to the home of his parents in Cineinnati.

HowARI> -WATSO~: City Court of Atlanta, ()('toher term, Ul14; larf'eny; $50.00 fine or eight months on <'haingaug; pardoned :\farch 19, 1815. Statements h_y the judge, solicitor, prose('utor and probation offher of Fulton County, who carefully investigate><l this case, indicated clearly that no larceny had been ('Omrnitted and that he was wrongl,\' eommitted. All persons named approved action.

SPENCER ( 1LARK: Superior Court of Turner ( '01m-

ty,

term, 1914; manslaughter; one year in pen-

itentiary; 1iardoned May 24, 1915. This action was

taken on tl.ie earnest request of the judge who tri<'<l

the npplirant and wl10 stated that applicant shonl<l

not have heen convieted under the facts and urged he

he par<1onecl as an aet of justice.

,Y. S. Hur<'F: Superior Court of Fulton Count:,, SPptember term, 1012; lanPn) aft0r trust; two ancl one-half )-ears in the 1wnitentiar_\'; pardoned ?.fay 2G, 1915. He was paroled 11 short fom, hefore tlw Pxpirnti_on of sentenc<' nrnl his <'OIHlnct thf'nafter tenrle<l to

:l4

show that he may he relied upon to conduct himself hereafter, as before the erime, as a good citizen.
E. T. DARDEN: Superior Court of :F'ulton County, Spring term, 1913'; manslaughter; three years in pe11itentianT; pardoned ,Tune 7, 191:'5. There was a measure of justification in the crime committed whi<'l1 g-rew out of grossly offensive condurt of deC'ec1s0d toward deft>ndant's family nrnl C'onclnct of appli<'ant in penitentiary being exemplary full pmdon s<~ernPd merited.
PARDON:-\ 0RAN'flm WoLT.O\nN<l CoMPLETTON
OF p AROLl~S.
(Note.-Tlw follmving C'ascs han been previonsl~T reported in detail as paroles, panl011 orders heing passed in complianC'e with sta tntes foll owing satisfactory completion of the period of parole fixed hy law.)
Ons BROGDON: Fulton ( 1ounty; lmrglnry; pa rn!Pd May 7, 1911; panlone(l S(pternher 18, 1914.
DEw1w DRAKJ,,: Dougherty Conuty; burglary; paroled from State Reformatory ,June 12, l!HH; pardoned November 10, 1914.
J. D. STRINGER: ,Vayne County; embezzlement;
paroled :May 27, 191B; pardoned November 1:3, 1!ll4.
HoMrn ~TILLTAMS: Tift County; manslauglite>r; paroled Sept. 19, 191:3; pardone(l Der. 1:'5, 1914.
MARTHA ,VooTEN: Rabun County; manslaughfrr; paroh~d .Tune 7, 19]:1; panloned January fi, 1!11f>.
T. ,V. GARNE'I"l': Hi('hrnoml ( 'ounty; lmrglary; pnn1lPd DPf'mnher ~!), l!JJ:l; par(loned .T:mu:1r~ ,, l!ll:i.

C. E. BAILEY: Upson County; manslaughter; paroled March 27, 1014; pardoned y[ay 15, 1915.
M. J. vVEBB: .Johnson County; manslaughter; paroled Mar<h 9, 1914; pardoned Y[ay 15, 1!)15.
( 10MMUTATIO-NS.
.Tm~ FoRTSON: City Court of Elberton, Augnst term, 1913'; misdemeanor (:'-l <'ases); sentence cornmnted to present service June :26, 1914, on recommeudation of judge, solicitor and county authorities 011 account of health of prisoner who was in last stages of tuberculosis.
IKE JACKSON: Superior Court of _B'ayette County, September term, 1912; robbery; four years; seutmHe
commuted to present service .July :z, l!ll4, on recom-
mendation of solicitor-general and judge who state<l that he should have been convicted of larceny only.
TILLMAN LEE: Superior Court of Newton Cou11t),
September term, mos; murder; life imprisonment;
sentence <'Ommuted to present service July 10, 1!)1 +,
on ac<'onnt of extenuating circumstances relating to ad of deceased in stealing defendant's wife, whid1 <ir<'nrnstances were not before the jury.
CHARLEY HrnmNs: Superior ( 1ourt of }faeon (~ountr, }[a) term, 1908; murder; life irnprisonnw11t; senterne commuted to present serYice .Tuly 10, 1914-, on rE'eommendation of solieitor genE'ra I nrnl jurors, liasE'd on extenuating eirrumstanees.
J1JMMETT SMITH: Superior Court of ( 'arroll Count~, April term, l!W3; embezzlement; four years; seutPn<e commuted to prPsent s<rvi<'e and disabilities nmoyed on reeommen<lation of judge and solicitor-
:rn

general who stated there midPntl) was lack of rriminal intent.
vVILL KERSEY, RE,MUS vVmNER, CLAYTON Grnso;-.; and JIM SMITH: Superior Court of _:\l[iller County, April term, 1912; assault with intent to commit murder; six and one-half years each; sentences comrnntPd to present service on reC'ornrnen<lation of grall(l and petit jurors, th(~ solicitor-general, and many ritizens on the ground of previous good conduct and ext<>nuating circumstanres ronnected with the rrinw.
PETER HENDERSON: City Court of Fulton Count)-, November term, 1912; misdemeanor (3 cases); twelve, twelve, and ten months; sentences com11rnted to present service .July 2:1, Hll4, after Rerving
two years, because of serious injur) to foot caustd
by accident while at work, ealling for Rurgieal attc>ntion he could not receive while in gang.
SOLOMON ROBERTS: Superior ( 1ourt of SerPn'n (;ounty, May term, 1912; munler; life imprisonment; s(mtence commuted to prPsent servi<'e Jul~ 24, 1!l1-l-, on recommendation of ju<lge an<l jurors who stat<-d that later consideration showe<l that he should haw heen ,convicted of and punished for manslaughter.
CHARLEY HESTER: City ( 'ourt of Wilkes County, March term, 1913; misdemeanor (2 eases); 12 months in each case; sentences commute<] to present servicf' July 24-, H)14, on rerommendation of the solieitor arnl the judge.
.TTM MARTIN: Superior Court of Baker County, O<'toher term, Hl06; rnur<ler; life irnprisomrwnt; se11ten<'e commuted to present service .Ju I) :20, Hll 4, 011 re<ommenclation of judge, the l'Yi<lenee indi('ating that killing was clone accidentally.
37

Gus Kornrn: Superior Court of Mitchell County, .April term, 1914; selling liquor; 12 months; sentence commuted to present service August 5, 1914, on rerornrnendation of Judge who stated that he directed the enforcement of sentence, after first suspending it, on information not well founded.
W. A. FLANIGAN: Superior Court of Bf'n Hill ( 'ounty, 1\._pril term, HH:3; arson; two years; sentence commuted to present service August 8, 1914, 011 reeornmendation of solicitor-general, based on 8ma11 loss caused by crime, defendant '8 previous good <ondnd and large family {lependent on him.
BoB BROWN : City Court of }Ionroe, .July term, 1!l13'; selling liquor; twelve months; senten<'e commuted to present service _August :27, HH4, on reenmmendation of judge because of serious accident to applicant while serving sentence.
JAMES JOLLY: Superior Court of DeKalb County, April term, 1881; murder; life imvrisonnwnt; se11ten<'e comnrnted to pre8ent serviee September!), 1!ll-!-, l>eeause of long and faithful service of pri8011er and an element of doubt as to his guilt, elemeney being recommended by trial judge and solicitor-general.
ZELLA PENNINGTON: City ( 'ourt of J<~ulton Count_v; Spring term, Hll4; misdemeanor; twelve months nu chaingang; sentence conmmted to present serviee September 9, 1914, heca1;1se of serious <'Onclition of health due to tuhereulosis whieh made her a men:we to other prisoners.
C'. B. GuLI,ATT: Snp(~rior Conrt of :\lnscogee Connty, Webrnary term, rn1:3; asi-;anlt with intent to mlll'dt'l'; twelve months; sentP11<'<' <mnmntP<l in pl'<\SPJJt

senirP SPptemhn !=I, 1914, on rPrommPndation of
thP judgP l1C'C'ans<' mwthPr joint!_\ <onvidP<1 of tllP
same crime had been gTante<1 cle1rn~ncy for reasons <'qually compelling in this case.
Gus DANIELS: Superior Court of -worth ('ount:,r, Xovember term, 1012; selling liquor; eight months; sentence commuted September 1l, 1~)14, to fine of $7fi, on recommendation of trial judge, who lrn<l nwant that the sentence he thP fine stated with tl1P ehaingang term as alternative.
HENRY RENFROE: City Court of Fulton Count:,, .Tanuar:-r term, 1914; n1grnnc7; twelvP months; sen-
fonPe rommuted to present servire Rcptemher :2:~,
1914, on recommendation of jndg< aml solicitor. Applicant was a drug ha hitue and was sPnt to the rliaingang in order to he eurN1. whieh ohjed lrnd been accomplished.
F,MMETT H1xoN: Superior Court of Meriwetlwr County, Augnst term, 1007; murder; life imprisonlll<'nt; sentence rommuted to presPnt serviee September 24, Hl14, on rccommPndation of judge, hasPd <'hicfly on fact that chief witness against defcndm1t at trial later admitted shP had sworn falsely, irnlieating that he had been wrongly eonvided of nrnrdPr.
IKE ARMSTRONG: City Court of Gl:,nn Count_\r, May term, Hll3; misdemeanor; twelve months; se11tPnee rommuted to present serviPc SeptPrnher 2;;, Hl14, on recommendation of jndgP, solicitor-general and eounty officers.
ARTHUR BEARDEN: SnpPrior ronrt of Fulton County, Febrnary term, 191:l; sPlling- whiskPy; 1~
months; senteneP cornmutN1 to fow of $100.00, on I'<'-

q1wst of <'it:\' <l<'ledi,es wlto w,mhd his help in deteding otl1Pr offenders.
Doy PATTERSON: Superior Court of 1'1 raukli11 County, ?\fareh term, 1~)08; rnJH-'; ten years; S('llhuep eommuted to present seiviee Oetober 7, 1\114, 011 reeommendation of solicitor-gernral, now ( '011gnssman S. ,T. Tribble, who stated that develop111Puts since the trial indicated there had been a miscarriage of justice.
ADAM Gur~ER: Superior ( 1ourt of .Jaspm County, F\,hruary term, Hll+; murder; sentenced to death; :,.;t>ntence conmmted to life imprisonment Oetober 7, 1!114, on reeommendation of trial judge, based on PXlPmwting eircurnstances connected with the killing.
.TAM m,, B. RoBERTs: Superior Court of ,Vall{(r ( 'ount~, .Tanuar.v term, 1905; murder; life impriso11111ent; sentence eommuted to present service on October Hi, 1914, on reeomrnernlation of trial judge arnl solicitor-general berause of donht of prisoner's guilt.
CoN YlooRE: Superior ( '.ourt of Bartow ( 'ount~, .July term, 191:3; assault with intent to nrnnlcr; 1:2 rnoutlts; sentence commuted to fine of $50.00 Octoher 17, 1914, on re<'ornrnendation of judge, Rolieitor-general, jurors and prosecutor.
GEORGE }frSPADIJEN: City ( 'ourt of ,Vare Count~, Spring term, 1914; stealing rid<~ on railroad train ; tw<lve months; sentence eommuted to present serviep Odoher ~O, mi+, heeause of his youth and on <'orn1ition that hiR JH!ople, authoritatively represented as heing reputable, see that he return to his home m Texas.
BEN L.\NGLF.Y: City ( 'ourt of Atlanta, li'elnuan t0rm, Hll+; lanPn:~ from tlw housP; $100.00 fow or
411

twelve months on chaingang; sentence commuted to present service October 22, 1914, because he had been sent to chaingang, after being on probation, under misapprehension.
CLEVE vV OMACK: Superior Court of Bartow County, July term, 1913; assault with attempt to rape; two years; sentence commuted to 12 months or $100. fine October 27, 1914, on recommendation of judge, solicitor-general, prosecutor and jurors, on ground that he should have been convicted of a lesser offense.
M. J. ALFORD: Superior Court of Chatham County, :b1 ebruary term, 191;~; manslaughter; two years; sentence commuted to present service and disabilities removed October :27, 1914, on recommendation of solicitor-general. Defendant was policeman and killed negro who resisted arrest and appeared to be threatening to shoot.
CLINTON vVrLDER: Superior Court of Richmond County, Spring term, l 914; burglary; twelve months; sentence commuted to present service November 10, HH4, on recommendation of trial judge and because of physical condition of applicant, he being in last stages of both tuberculosis and syphilis.
vVrLLIE JoHNSON: City {;ourt of Newnan, October term, 1912; bastardy; $200.00 fine and costs; sentence commuted to fine of $111.75. ]--,ull amount of fine had been paid and all but $88.25 expended by the ordinary as required by law. rr11e child died and there was no way by law to dispose of remainder of fine and sentence was commuted so that it might be returned to defendant.
,loE THOMAS: Superior Court of Laurens County, October term, 1914; selling liquor; $:300.00 fine and
41

twelve months on chaingang; sentence commuted to fine of $150.00 December 9, HJ14, on recommendation of judge and solicitor-general so that penalty would be the same as imposed on other offenders tried at same time.
W. H. PREASE: Superior Court of Muscogee County, May term, 1913'; assault with attempt to rape; fifteen years; sentence commuted to present service December 9, 1914, on recommendation of solicitorgeneral, relatives of prosecutrix and others, based on mental weakness of applicant and extreme doubt of his guilt.
J. A. ALLEN: Superior Court of Talbot County, September term, 191:3; simple larceny; four years; sentence commuted to fine of $100.00 December 10, 1914, on recommendation of judge and jurors based on mental weakness of applicant, he having been subsequently held for lunacy.
JrM HoaAN: City Conrt of Atlanta, April term, 1914; selling property under lien; ten months; sentence commuted to presfmt service December 11, 1914, because of poor health and fact that he had served nearly all of sentence.
RosALIE SYMs, alias SMALL: Superior Court of Burke County, ,January term, 1911; murder; life imprisonment; sentence commuted to present servire December 15, 1914, on recommendation of solicitorgeneral. She was convicted with another who was hanged. The latter, before death, confessed the crime and exonerated this girl from all part therein. Those knowing the facts believe he told the truth.
WILL LOVELACE: Superior Court of 1fuscogee County, August term, HH3; larceny (2 cases) ; 12 and
43

12 months; sentence commuted to fine of $5().00 December 14, Hl14, on recommendation of solicitor-general who brought the application for clemency.
E.W. COTTI: Superior Court of Ohatham County, Spring tenn, rn1;3; forgery; two years; sentence commuted to present serviee December 14, 1914, on recommendation of solicitor-general.
MAY HARGROVEs: ( 'ity Court of Atlanta, October term, 1914; keeping lewd house; 12 months in prison; sentence commuted to present service December 16, 1914, on recommendation of judge, solieitor and foreman of grand jury who stated Rhe had given strong evidence of a desire and opportunity to reform.
HARVEY vVALLS, alias ROBERSON: City Court of
Montieello, AuguRt term, 1914; rioting; 12 months; sentence commuted to fine of $30.00 December 17, HH4, on recommendation of judge, solicitor and prosecutor.
,foHN PINER: Superior Court of \Vebster County, April term, HH4; selling liquor; $100 fine and six months or twelve months on chaingang; sentence commuted to fine of $125.00 on recommendation of trial judge.
RoBERT LEE: Ci~ Court of Cedartown, April term, 1914; misdemeanor; $100.00 fine or 12 months on chaingang; sentence commuted to present service December 18, Hn4, on recommendation of judge and solieitor.
ToM HUBBARD: City Court of Fulton County, November term, 191,3-; mi,sdeime,anor; 36 months 1(3'
43

cases) ; sentences ,commuted to one sentence on recommendation of judge, solicitor and prosecutor.
BEN S. JoNE:,;, JR.: City Court of Atlanta, Fall term, 1914; larceny; $75.00 fine or twelve months; sentence commuted to present service on account of youth of applicant and accident hefalling him while serving sentence.
J. A. ALLEN: Superior Court of rl'alhot County, September term, 1913; simple larceny; four years; sentence commuted to fine of $G0.00 December 24, 1914, this order being supplementary to previous one m same case.
C. 0. HAGAN: Superior Court of Fulton County, July term, 1914; larceny; 1:2 months; sentence commuted to fine of $50.00 Deeemher :28, 1D14, on recommendation of court offieials, applicant already being under probation on another sentence.
Gus EvANS: Superior Court of Twiggs County, April term, 191 :1; perjury; four y0ars; sentence commuted to present serviee January 4, l~H5, on reeommendation of judge arnl soli('itor-general.
T. B. SIMMONS: SupPrior Court of Gwinnett County, Dt1eern her term, 1!)] 4; misdenwanor; twelve months in jail and ten months in ('haingang; sentence commuted to fine of $100. ,January 5, 1915, on recommendation of solicitor and jurors, the offense not being a serious one.
DocK lIARRISO"N": City Court of Gainesville, Kovemher term, 191:i'; hastardy; $10.00 pm month or nine months on chaingang; sentenee eommute<l to present service January G, l!lL"5, because suhst\quent developments, attested by trial judge aml solieitor,
44

indicate that applicant was innol'ent of offense charged.

\\TILL JoNEs: City Comt of Atlanta, .July term, 1914; larceny; $700.00 or 20 months (2 cases) ; sentences commuted to one on recommendation of judge and_ solieitor. Date of order, .Tannary 6, HH5.

LAURA BLAKE and :;\LrnY CALHOUN: Superior

Court of Fulton County,

term, 1914; misde-

meanor; sentences comrnutc--'<l to present service Jan-

nary 7, 1914, on recommendation of eounty physician

who certified that they were in such health they were

unable to perform manual labor.

LuNIE LAYTON: Superior Court of Carroll County, October term, ml-; fornication; $500.00 or twelve months; sentence eommute<l to fine of $250.00 Jannary 16, 1D15, on rel'omrnernlation of Judge, the prosecution growing out of a bastardy ease in which satisfactory arrangmnents WPn' made hy applicant.

J. R. DENT: Superior Court of ,Johnson County, September term, l!l1:3; selling liquor; 12 months and a fine of $1,000.00 or six months; sPntence commuted
to present servieP .Lrnuary 18, lm 5, on re(omnwn-
dation of judge and solicitor, applieant having served the twelve months' sentence.

\V. M. IfoFFMAN: Superior ( 'ourt of l1'ulton County, !<'all term, Hn:3; larceny from the person; 12 months and $1,000.00 fine or six months; sentence eomrnuted .January 18, 1!)15, on recommendation of solicitor-general, based on faet that defernlant lull: substantially complied with sentence of the court.

CLEVELAND BRYANT: Superior Court of Monroe County, February term, rnll; rape; five years; sen-

10

tence commuted to present service ,January 21, 1913, on request of prosecutor who made affidavit indicating that this might have been an improper conviction.
,JoE ROBERSON: City Court of \raldos ta, June term, 1914; pointing pistol at another; nine months; sentence commuted to fine of $100.00 ,January 22, l915, on recommendation of judge and solicitor.
\VILLIAM \VAsHTNGTON: Superior Court of F'ulton County, ,July term, H)l 4; larceny; $50.00 fine or 12 months; sentence commuted to present service ~~ehruary 2, 1915, on recommendation of judge and because of youth of defendant.
C. Cox: City Court of Atlanta, November term, 1914; misdemeanor; $50.00 fine or ten months; sentence commuted to fine of $25.00 on request of judge and solicitor.
BILL PRUETT: Superior Court of Paulding County, August term, 1914; misdemeanor (2 cases) ; $100. fine or 12 months; sentence commutE>d to present service February 4, 1915, on recommendation of judge and prosecutor who, on aC'C'ount of his old age and had health, said punishment had been sufficient.
Jo1rn ,TACKS: City Court of Macon, November term, 1914; stealing ride on railroad train; four months; sentence commuted to present service on payment of fine of $250.00 J?ehruary l 0, 1915, on recommendation of judge and solicitor-general, he having served a part of the chaingang sentence.
BEN ,JOHNSON: Superior Court of Decatur County, November term, 1914; selling liquor; 2 sentences of 6 months each in jail ; sentences commuted to present service February 15, 1915, on recommendation of judge.
4G

VrnmL HENRY PRoYAU: Superior Court of Echols
County, July term, 1914; carrying concealed weapon; $200.00 fine or 12 months; sentence commuted to present service February 17, 1915, on account of bad health following operation for appendicitis.
BURRELL HOLCOMBE: Superior Court of Habersham County, Spring term, 1908; murder; life imprisonment; sentence commuted to present service February 18, 1915, on reeornmendation of judge and solicitor-general who said they were very doubtful of defendant's guilt.
,J. R. McC'oRMTCK: County Court of ,Vayne County, .July term, 1914; misdenwanor; ten months; sentence commuted to present serviee Webruary 18, 1915, on recommendation of the judge and solicitor.
IKE ROTHSCHILD: Superior Court of Glynn County, August term, 191:3; violating prohibition law; $1,000.00 fine or l :2 months; sentence commuted to fine of $750.00, on reeornmendation of judge who tried him.
JoHN PERRYMAN: Superior Court of Sumter County, .June term, 1914; misdemeanor; 18 months (:3 cases); sentence eornmuted to present service March 1, Hl15, after he had served one sentenee and part of another during which time disease eaused amputation of both feet and all of his fingers.
RoBERT MARTIN: Superior Court of Fulton County, November term, 1914; attempt at larceny from the person; 1:2 months; sentence commuted to present service March 1, 1915, so that sister might take him to another State to be treated for tuberculosis.
GEORGE RATERREE: Superior Court of Baldwin County, ,July term, 1904; selling liquor; 2 sentences
47

of eight months each; sentenres commuted to present service March 2, l!H3, on af'count of his physical condition, offenses having been committed ten years previously, during whieh time he was out of State.
MoLLIE WALI<ER: Superior Court of Rockdale County, ,Spring term, 1898; arson; life imprisonment; sentence commuted to present service March 5, 1915, on account of good record an<l fact that she had served maxim penalty as law stands now.
LoN SNow: Superior Court of Walton County, August term, ID07; rape; twenty years; sentenee eommuted to prt>sent serviee 1Iard1 5, 1!H5, on recommendation of jU<lge and soliritor, based on extreme doubt as to guilt.
HENRY MARTIN: Superior Court of Richmond County, J,7 all term, rn1;3; robbery; 12 months and two years; sentenees tomrnuted to present service Marel1. G, rn15, ou reeonmwndation of judge and solicitor and county officers, based on youth of defendant and his good recor<l as prisoner.
ZRRA HrcKs: Su1wr:or Court of Fulton County,
February term, mu; lareeny from the house; 12
months; sentenee rornmuh~d to payment of $48.80 eosts Mareh ~), ] ~)]3, on reemmnendation of judge, solicitor-general and probation officer.
w. C. HAIRE, JR.: City Court of Pelham, August
term, 1914; selling liquor; 12 months; sentenee commuted to present service March ~), 1915, on recommendation of judge and solicitor and the request of the judge of the Superior Court.
En. \V1LLIAMSON: Superior Court of Crisp County, Spring term, rn07; murdPr; lifo imprisonment;
48

sentenee commuted to present service March 9, 1915, on statement of trial judge, the record and new evidence indicating that vercliet should have been for involuntary manslaughter.
NANCY CAMPBELL: Superior Court of Berrien County, Spring term, 1906; murder; life imprisonment; sentence commuted to 10 years, on statement of Supreme Court that the evidence was not of the
clear and convincing character desirable to bear out
an extreme penalty.
BRomrn CowART: City Court of Springfield, October term, Hl14; pointing gun at another; $200.00 fine or l 2 months; sentence eommute<l to present service March :.?:3, J815, on recommendation of judge and solicitor and statement of county physician that completion of sentence would probably result in the death of applicant.
STANLEY A YI,OR: Superior Court of Houston County, Octoher term, 1914; violating prohibition law; six months in el1aingang arn1 three months in jail; sentence eornmuted to chaingang term March :.?4, Hl15, on recommendation of the judge, solicitorgeneral and county commissioners.
BEN Cox: ,Superior Court of Bartow County, January term, Hlll; perjury; four years; sentence commuted to present service March 24-, HH5, on recommendation of solicitor-general based on feeble-minde<lness of applicant.
ERNEST BROWN: City Court of Atlanta, Fall term, 1914; sel1ing liquor; 12 months; sentence commuted to present service April 8, 1915, on statement of county physician that applicant was suffering from an incurable disease and was unable to work.

EMORY :b'ARMER: City Court of A thens, November term, 1914; misdemeanor; 10 months; sentence commuted to fine of $50.00 April 1:2, HH5, on recommendation of triar judge and solicitor.
MRs. BELLE KING: Superior Court of Newton County, March term, 1915; selling liquor; 6 months at the Prison Farm; sentence commuted to present service April 24, 1915, on request of trial judge, so that she might take care of several small children, suffering from lack of attention.
DAVE DAv1s: 8uperior Court of Clay County, Spring term, HJO(-i; murder; life imprisonment; sen-
tence commuted to 'present service April :27, rn15, ap-
plicant being more than !)0 years old and very feeble, having been convicted wlum more than eighty, and there being a measure of moral justifieation in crime committed.
CoLUMBUs DANIEL, alias CHAPPELL: ( 'ounty Court of Putnam County; misdemeanor; $75.00 fine or 12 months; sentence commuted to present service April 27, 1915, on request of county connnissioners and ordinary based on serious illness of applicant.
vV. A. DUREN: 8uperior Court of Campbell Coun-
ty, August term, HJ14; selling liquor; $1,000.00 fine or 12 months; sentence commuted to fine of $250.00 May 3, 1915, applicant having served two months of sentence and given assurance he would violate the law no more.
WALTER DuREN: Superior Court of Richmond County, ,Tune term, 1914; larceny from the house; 12 months; sentence commuted to present service May 4, 1915, on recommendation of the judge ancl solicitor-general.
50

BusTER l-luNTER: City Court of Newnan, .January term, 1915; carrying concealed weapon; $30.00 fine, or 6 months; sentence commuted to fine of $10.00, on recommendation of judge and solicitor, May 17, 1915, the order carrying out substantially the sentence of the court.
W. I. STRICKLAND: City Court of Atlanta, November term, 1914; misdemeanor; 10 months; sentence commuted to present servire _;\,fay 17, 1915, so that he might be taken to hospitnl to be treated for injury sustained in accident while serving sentence.
WrLL CLARK: City Court of Lexington, November term, 1914; cheating and swindling: 9 months; sentence commuted to fine of $::35.00, on recommendation of judge and solicitor, based on doubt as to the actual commission of a crime.
CHARLES P. Nrx: ,Superior Court of Johnson County, March term, 1914; bigamy; 7 years; on recommendation of the judge and solicitor-general sentence romrnuted to present service May 21, 1915, applicant having qualified to marry and did marry second wife.
JESSE BARNES: City Court of Houston County, .January term, 1915; pointing gun at another; 12 months; sentence commuted to present service May 29, 1915, on request of county commissioners, based on serious and probably fatal illness of applicant.
GEORGE CARTER: Superior Court of ,vilkinson County, April term, 1015; selling liquor; 12 months; sentence commuted to fine of $100.00 on recommendation of solicitor-general hasefl on illness of applicant's wife and her need of attention, together with fact that it was defendant's first offense.
51

,T. H. Hoon: City Court of Greenville, October term, 1914; abandomnent; 12 montl1s; sentence commuted to present service .June 4, 1915, on recommendation of judge and solicitor, based on needy condition of n wife suffering with pelagra and five children, assurance being given that he would take care of them.
MEYERS PmcE: City Court of _Atlanta, .January term, 1915; vagrancy; 1:2 months; sentence commuted to present service .June 7, HJL"j; on recommend,1tion of jl](lge arnl solicitor. Applicant was sent to gang so that he might he treated for drug habit, and assuranf'e of cure was given.
( 'oMMUTATTONs As THE RESULT OF PAROLES.
('l'he following eases have been previously reported in detnil as p;1roles, H(mttmees since being commuted in eompliancP with.the law following satisfactory completion of lleriod of parole as fixed by law.)
GEORGE Ronny: Calhoun County; attNnpt to wreck railroad train.
SAM YouNn: MillPr County; murder.
Buv CHAPMAN: Bihb ( 'ounty; burglary.
CHARLES LEAK: Brooks County; murder.
RoBERT BArrnn: Mdntosh County; murder.
MITT HAMMOND: I)ecatur (\rnnty; munler.
CLJFFORD YouNG: Effingham Count;-; manslaughter.
,v. B. 'l'uour: Laurens County; manslaughter.
vVILLlAM HERRINGTON: :B'ulton County; :rnsault with intent to murder.

AmsTRIDE i,-iRANZONI: Pickens County; manslaughter.
En. vVALKER: Emanuel County; murder. ARTIS vVrLLIAMs: Harris County; manslaughter. vVrLL J onNsoN: Walton County; manslaughter. \Vn,L BASKIN: Fulton County; burglary. ,TOTIN HENRY Hn,L: Decatur County; burglary. ToM SPEER: Pike County; murder. DocT( BALDWIN: \\rare County; murder. ,TIM PoPE, alias ,hM l\fURPHEY: Dougherty County; assault with intent to murder. H1mmcK DoN ALSON: Pulaski County; manslaughter. BE:-.r CoLLTNs: Meriwether County; murder. F~n. DAYTS: Chatham County; murder. CLTn S11Aw: F'ulton County; burglary. W1r.L BARKSDALE: Wilkes County; manslaughter. CTIARLrn '\Y1LLIAMS: Sumter County; murder. W LLL ~fottu:v: Houston County: burglary. .ToH~ PLK!\S: Meriwether County; murder. .TAMES PHILLIPS: Coweta County; murder.
FJn. ComvELL: Clinch County; murder. DALTON KELLY: Jasper ,County; murder. ,J onN Cn1sP: l1'mrnin County; h,urglary. ,Yn,L PrnLPOT: Heard County; manslaughter. vYEsT CocnRAN: Spalding County; manslaughter. BEN PALM, alias PARHAM: Irwin County; murder. TAP ~.\ RMOUR: Greene County; murder.

WILEY REDDING: Spaiding County; murder.
JoHN MosLEY: Montgomery County; murder. WILL HARRIS: Mitchell County; murder.
FRANCIS RoBERSON: Campbell County; infanticide.
JOHN 1VRIGHT: Decatur County; murder. CRAWFORD HAMPTON: J olmson County; murder.
FoRTUNE. ANDERSON: Liberty County; murder.
FRANK KIMBROUGH: Greene County; murder. ARTHUR '11 0WERS: :B~loyd County; burglary.
MANUEL KNIGHT: Pike County; murder.
PAROLES.
En. MAYES: Superior Court of \Varren County,
Fall term, 18~)9; murder; paroled June 25, 1914, on account of good record as prisoner and extenuating circumstanees connected with the killing which occurred at a negro dance.
KIBBLE BROWN: Superior Court of Pulaski County; August term, 1D03; murder; life imprisonment; paroled .July 2, 1914, on account of youth of applicant at time of eonviction, good record, extenuating circumstances and recommendation of judge and solicitor-genera 1.
SHERMAN STEPHEN: Superior Court of Jasper County, Fall term, 1901; murder; life imprisonment; paroled .July 3, 1914, on recommendation of solicitorgeneral, based on some doubt as to guilt of defendant and his good record before and after conviction.
OBEDIAH TROUP: Superior Court of Laurens County, February term, 191~; manslaughter; five years; paroled July 6, 1014, on recommendation of judge,

based on extenuating circumstances connected with crime and good record of applicant.
R. E. L. ADAMS: Superior Court of Whitfield County, April term, 1911; burglary; five years; paroled July 7, 1914, on recommendation of judge, solicitor and special attorney for prosecution, based on good conduct of prisoner prior to and after conviction and fact that others connected with same crime had completed sentences or been pardoned.
NoRMAN R1vER: Superior Court of Putnam County, September term, 1911; manslaughter; five years; on recommendation of judge and solicitor-general, based on evidence that sole witness for prosecution swore falsely out of prejudice, paroled ,June 7, 1914.
-WILLIE MALCOM: Superior Court of Meriwether County, February term, 191:3; manslaughter; four years; paroled July 14, 1914, on recommendation of citizens and officials familiar with crime based on extenuating circumstances and doubt as to defendant's guilt.
JOHN BuTLER: Superior Court of Berrien County, October term, 190:J; murder; life imprisonment; paroled ,July 17, 1914, for statutory reasons and for preventing escape of other prisoners on occasion of accident to guard, whose life prisoner saved.
SEYMOUR 1V1LLIAMS: Superior Court of Dooly County, September term, 1904; murder; life imprisonment; paroled July 28, 1914, on account of good record and fact that three others tried for same crime were acquitted, evidence pointing to one of them as being more guilty than this one.
J. C. McLAIN: Superior Court of Brooks County, November term, 1908; manslaughter; six years; ex-
55

tenuating circumstances and doubt as to guilt, good conduct and physical condition of applicant, paroled July 26, 1914.
HARRY JACKSON: Superior Court of Tattnd 11 County, April term, 1903; murder; life imprisonment; paroled July 29, 1914, on recommendation ri f judge, based on youth of applicant at time of conviction, being only fourteen years, and good record as pnsoner.
CLARENCE ]'osTER: Superior Court of Butts County, Spring term, 19] l; manslaughter; ten years; paroled July 29, 1914, on recommendation of judge and solicitor-general, based on evidence tend.ing to cast doubt on defendant's guilt and good conduct of prisoner.
LAWRENCE \VYNN: Superior Court of Randolph County, November term, 1910; assault with intent to murder; five years and two years; paroled August 12, 1914, on account of good conduct, lie having served two sentences and part of a third, all of which grew out of the same transaction.
SARAH RoBINSON: Superior Court of \Vilkes County, November term, 1899; infanticide; paroled September 9, 1914, on recommendation of solicitor-general, judge not living, based on her long and good service and youth at time of crime, she being only fifteen years when offense was committed.
WILEY EvANS: Superior Court of Cobb County, Fall term, 1911; simple larceny; five years; paroled September 10, 1914, on recommendation of judge, solicitor-general and jurors and because of good record of prisoner before and after crime.
66

H1rnRT Cox: Superior Courf of .Jasper County,
September term, rno:3; murder; life imprisonment;
paroled September 11, 1914, because of good record as prisoner and extenuating circumstances connectf'd with crime.
EuGENE BANKS: Superior Court of Randolph County, lvfay term, 1908; manslaughter; 15 years; }J~troled September 11, 1914, because of good recor<l ~1H prisoner and extenuating circumstances conne<'.ted with crime.
FAYETTE BROWN: Superior Court of Dodge County, 1\lay term, lDl:Z; assault with intent to murcl<-r; five years; on rPcommendation of solicitor-geuera l and father of deceased and because of evidence tending to indicate a measure of self-defense in the crime and good record of prisoner, paroled September 14, 1914.
BEN ,JOHNSON: Superior Court of Richmond County, January term, H>IO; robbery; ten years; paroled September 14, UH4, on recommendation of judge and :;.;olicitor-general, extenuating circumstances and good record as prisoner.
vYrLL "\VRIGHT: Superior Court of Chatham County, :F'all term, 1898; murder; life imprisonment; paroled September 14, 1914, on recommendation of solicitor-general, evidence clearly indicating that verdict should not have been for more than manslaughter.
WALTER BRASWELL: Superior Court of DeKalb County, March term, 19B; burglary; two years; paroled September 2, on ncrount of good conduct and fact he had become cured of drug habit which prob-
67

ably had something to do with crime and largely because of which he was prosecuted.
vV1LL MONROE: Superior Court of Thomas County, January term, 1905; murder; life imprisonment; paroled September :2:3, 1914, because of good conduct and extenuating circumstances connected with crime.
ToM MoPHAIL: Superior Court ofl:rwin County, March term, 1902; murder; life imprisonment; paroled September 2:3', 1914, because of record as prisoner and extenuating circumstances connected with cnme.
RoBERT GRAT: Superior Court of Hart County, October term, 191:2; involuntary manslaughter; five years; paroled September 24, 1914, on recommendation of solicitor-general based on evidence tending to indicate that killing was an accident.
\VARREN BRINSON: Superior Court of Emanuel County, October term, 18~JG; nnmler; life imprisonment; paroled September :25, 1914, because of long and good service and provoking eircnmstances associated with <'rime.
SESSIONS FuLLwooo: 8uperior Court of Laurens County, Special term, 1898; murder; life imprisonment; paroled October 7, Hll4, on ac<'01mt of good conduct as prisoner, youth at time of crime and extenuating circumstances.
A. R. DAv1s: Superior Court of Whitfield County; manslaughter; five years; paroled October 7, 1914, on recommendation of judge and solicitor and because of old age of defendant and provocation for cnme.
LUM SHARPE: Superior Court of \Valker County, Fall term, 1912; manslaughter; five years; paroled
69

{)ctober 13, 1914, on recommendation of judge am1 solicitor, based on extenuating cireumstances and good conduct of prisoner.
LEN BooKER: Superior Court of Bibb County, Fall term, 1908; robbery; fifteen years; paroled October 10, 1914, because of good conduct of prisoner and request of prosecutor.
SHERMAN HARRIS: Superior Court of Berrien County, October term, 1900; murder; life imprisonment; paroled October 10,. Hl14, on recommendation of judge and solicitor-general, based on good record of prisoner and extenuating circumstances conneC'ted with crime.
EMANUEL i,-iREEMAN: Superior Court of vValton County, March term, 1~)()1; murder; !ife imprisonment; paroled Octoher :!.7, 1D14, on reC'omrnendation based on fart that killing occurred in general fight
a nt negro party of nature t1iat f!xtenunted offense
and on good conduet of vrisoner.
AARON :B:vANs: Superior Court of Richmond Coul)ty, November term, HJl :2; manslaughter; five years;
paroled October :n, 1~)14, on recommendation of
judge and solicitor-genernl hasecl on evidence tending to indicate that killing was aceiclental and based on good record of prisoner.
ZEKE HrLLTAHD: Superior Court of }1~arly County, April term, 1903; rnnnler; life imprisonment; pa-
rolf!d Oetolier :20, 191 +, on recommernlation of solici-
tor-general based on extenuating eircurnstances and good reeord of prisoner.
JOHN SMITH: Superior Court of Oglethorpe County, October term, l 910; manslaughter; fifteen years;

paroled October 30, 1914, on recommendation of solicitor-general based on provocating circumstances and good record of prisoner.

KINNEY, alias KrNG .JACKSON: Superior Court of Sumter County, November term, 1898; murder; life imprisonment; paroled October 30, l~H4, on account of good record as prisoner and element of self-defense shown in trial record.

,JAMES A. GmGns, alias JAcK GmGGS: Superior

Court of Floyd County ,July term, 1901; murder; life
imprisonment; paroled Novemher :1, HJ14, on reeorn-

mendation of judge and solicitor-general, based on

youth of defendant at tinw of C:rimP and his good

mr. ege om.r d

as prism pri.son.

wr

together

with

ill

health

develop-

'l'oM Hurn: Superior Court of Hall County, .J nly term, 191:2; larceny; five years; parolell Kovemher
:3, 1914, on reeommendation of Judge an<l solicitor-
general, good reeord, and youth, being only fiftPen years old at time of conviction.

,JCHIN GAINES: Superior Court of OglPtl10rpe County, October term, UH:2; burglary; five years; on reeommernlation of prosecutor based on weak mind of applicant, parole<l November 7, EJl-1-.

,JAMES BUGGS: Superior Court of Fulton County, April term, H)()9; robbery; ten years; paroled Nov_ember 7, HH4, on rerommendation of proseeutor who came to have doubt of <h!fendant 's guilt and good rerord before and after crime.

:MARION RoGEH: Superior Court of Gwinnett County, September term, 1911; shooting at another; four years; paroled November 7, HJ14, because of new evi-

dence throwing added doubt on applicant's guilt, and good record as prisoner.
DEWEY BmmERES: Superior Courf of Cobb County, March term, 1912; car breaking; two years; paroled November 7, 1914, on recomniendation of judge and solicitor-general and because of youth of defendant.
ANDREW RoGERs: ,Superior Court of Cobb County, March term, l 911; simple larem1y; twenty years; parolE>d Novmnhn 7, l!Jl4, on l'l'<'ommE>ndation of repreSE>ntatives of ( 'obh County and the Senator-elect, hased ou weak condition of defendant's mind, he lrnving spcmt period in the insane asylum between eommission of erime and trial, and doubt as to his guilt, at }past int<>utionally, of a erime ealling for such a IH~avy penalt~.
H 1LLIA1rn I)1xoN: Superior Court of Muscogee County, Spring term, 1880; murder; life imprisonnwut; paro!Pd Deeemlwr !J, l!Jl-1-, on aceount of faithful serviee of :;-.i YE\aI's and physi<al infirmity resulting from age and -work.
f,;AAC SrLYER: Superior Court of Chatham County, May term, l!Jl-1-; involuutnr_,, manslaughter; two p!ars; paroled December D, l!Jl:J, on recommendation of soli<'itor-genern I hasPtl 011 Pxtenuating cireumstan<"es eonneeted with crime, iudieating- laek of intent.
K. A. ,SrMrsoN: Su1wrior Court of b'nlton County, April term, l!JlO; mam,laughttr; eight years; paroled December 10, 191-1-, lwcause of good reeord of prisonPr and b'eeause ph>'sical i11firrnity made him worthless as convict.
fil

GEORGE _B'oRD, .JR. : Superior Court 0 -worth
County, December term, 1910; manslaughter; eight years; paroled December 10, 1914, on recommendation of the judge, solicitor-general, jurors and citizens, defendant having been tried eight years after the crime, during the interim his record being good.
McCLURE BARGERON: Superior Court of Burke County, October term, 1901; murder; life imprisonment; paroled December 14, Hll4, on account of youth at time of crime, extenuating circumstances and good record as convict.
ANDREW J. KING: Superior Court of Gordon County, Spring term, HH:2; manslaughter; ten years; paroled December 14, 1914, b<~cause of age of convict, being over 80, arn1 semi-blindness, parole being recommended by the judge.
STEPHEN KENT: Superior Court of Screven County, November term, ] )07; manslaughter; twenty years; paroled December 14, 1914, 011 recommendation of prosecutor and trial judge, based on evidence tending to show that another who escaped was the real malefactor and the good record of the prisoner.
GuY CAMPBELL: Superior Court of Oconee County, July term, 1909; simple larceny; ten years; paroled Dec. 18, 1914, on recommendation of judge and solicitor, based on extenuating circumstances and good record.
BRIGHT GILSTRAP: Superior Court of ,vhite County, April term, 1895; manslaughter; life imprison-
ment; paroled December rn, 1914, on reco.mrnenda-
tion of judge based on extenuating circumstances connected with killing and good record as prisoner.

TRoY NEWKIRK: Superior Court of Chatham County, May term, 1913; involuntary manslaughter; three years; on recommendation of solicitor-general, the killing having resulted from an accident, paroled lkcember 22, 1914.
BosE HENDERSON : Superior Court of :Meriwether County, Augnst term, 1903'; murder; life imprisonment; paroled December 22, 1914, because of extenuating circumstances which first cavsecl gTancl jury to refuse indictment and a mistrial at first trial, and good record as prisoner.
GEORGE PARHAM : Superior Court of l\l eriwether County, February term, 1007; manslaughter; twelve years; paroled Deeemher ~~, 1!H4, on request of trial jurors, based on extenuating circurnstancPs and good record as prisoner.
DocK HARDEMAN: Superior Conrt of \V alton Coun-
ty, February term, ml 1 ; manslaughter; ten years;
paroled December ~9, l!ll4, on recommendation of judge and solicitor-genc~ral, based on good record of prisoner and fact that killing oceurred in fight in which there was a measure of self-defense.
HAMP MoRGAX: Superior ( 'onrt of Fulton County, June term, HHl; burglary; sev011 years; paroled December 3'1, 1914, on recommendation of trial judge based on good record of prisoner before and after cnme.
ROBERT WILKES: Superior Court of Fulton County, September term, 1910; manslaughter; ten years; paroled December 31, 1914, on account of extenuating ,circumstances and good record before and after crnne.
63

wM. S. Hun: Superior Comt of .B1 ulton County, September term, 1912; larceny after trust; two and one-half years; paroled .January 5, HH5, on recommendation of trial judge and because of good record before and after crime.
Gus BLOUNT: Superior Court of Bibb County, ,Spring term, 189(-i; murder; life imprisonment; paroled Jan. 15, 1915, because of long and good service and enfeebled condition.
LEE ELLENBERG: Superior Court of Fulton County, .January term, 1!JI-I-; burglary; two years; paroled January 14, Hll 5, on account of youth, being only sixteen years old, and good record as prisoner.
,v1LL GrLEt:i: Superior Court of Rabun County, };'all term, lDOG; manslaughter; bnmty y~~ars; paroled ,January 20, hecause of good record and extenuating circumstances connecte<l with crime.
,JOHN SWEAT: Superior Court of Berrien County, October term, 1901; murder; life imprisonment; because of good record as prisoner and physical condition, being paralyzed from the waist <lown, paroled .January 20, 1915.
vV1LL SMITH: Superior ( 'ourt of G"iunett County, March term, Hll0; manslaughter; ten yems; paroled January 21, 1915, on n~commendation of county officers and extenuating circumstanceR.
B. L. REGISTER and C. C. REGISTER: Superior Court of Colquitt County, April term, 1911; involuntary manslaughter; three years; paroled ]~b, ruary 11, 1915, on the recommendation of the judge and solicitor-general because of extenuating circumstances and good records before and after crime.
64

EMMA .To11NSON: Superior Court of Floyd County, August term, l ~)01; mur<ler; lifo imprisonment; paroled February 18, Hl15, on rerommendation of judge hased on youth and poor mental development of defendant at time of trial and good record in prison.
BRYANT FornoM: Superior Court of Brooks County, May term, 1D15; voluntary manslaughter; four years; paroled F'ebruary 20, Hl15, because of extenuating circumstances eonnected with crime and good record as prisoner.
JunsoN vVoonLEY: Superior Court of Fulton County, Novernber term, Ull] ; mauslaugl1ter; seven years; paroled Mar('h 2, 1915, bec,msP of extenuating circumstances and good record of prisoner.
PAYNE McKRLLAR: Superior Court of Sumter County, December term, 19m; manslaughter; twenty years; paroled l\farch -1-, JD15, lweause of good record as prisoner and long servi<'t'.
,vn,Lrs CLAYTON: Superior Court of \Vashington County, SeptPmber tenn, 18112; murder; life imprisonment; pnrok<l l\'l,ll"eh G, 1!ll 5, because of long and faithful servi<'e as prisornr and on rerommemlation of trial judge and soli('itor-gpneral.
THOMAS BAILEY: Superior ( 'ourt of Gwinnett County, March term, 1~)12; burglary; six years; paroled March 6, Un5, on recommtndation of prosecutor and solicitor-general and herause of extenuating circumstances.
CLE.VE PELFREY: Supc->rior Court of Oglethorpe County, October term, HHO; manslaughter; 10 years; paroled March 9, Ul15, on recommendation of solicitor-general and proseeutor and beenuse of extenuating cireumstances.
65

'WEBSTER HARVEY: Superior Court ot Decatur County, May term, 1898; murder; life imprisonment; paroled March 9, Hl15, because of extenuating circumstances and good cornluct as prisoner.
,ToHN CAMPBELL: Superior Court of Pike County, October term, 1913; assault with intent to murder; two years; paroled March 10, 1915, because of good record as prisoner and circumstances of crime indieating considerable provocation.
THOMAS ::\f. CROMPTON: Superior Court of Frank-
lin County, Marrh term, mos; manslaughter; ten
years; paroled Mareh 25, 1915, heeause of exemplary eonduct as prisoner and assistanee to warden in preventing eseapes.
STONEWALL JACKSON: Superior Court of Tattnall County, April term, 1895; murder; life imprisonment; paroled Mareh 25, 1915, because of twenty years' faithful servict! with good record.
CLAUDE ,VALTON: Superior Court of Fulton Coun-
ty, .Tune term, 1910; burglary; six years; paroled Marrh 29, 1915, because of good rerord as prisoner and evidenee irnlicating that he probably was guilty only of larceny from the hou:-;e.
CHARLES HAnm:-;oN: Su1wrior ( 'ourt of Crawford County, Marel1 term, 18\)8; life imprisonment; paroled Marel1 29, Hl15, on recommendation of judge and solicitor-general and rircumstances indicating a mensure of doubt as to guilt.
J. T. CASON, JR.: Superior Court of Jasper County, August term, HHO; manslaughter; seven years;
paroled March :n, Hl15, on recommendation of judge
and solicitor-general, the prosecutor and many cit-
6j

izens, and because the evidence showed a lesser crime might have been committed.
FREEMAN Moom:: Superior Court of Laurem; County, .July term, 1910; manslaughter; fi~e yen rs; paroled April 1, 1915, because of good reeonl as prisoner and conflicting evidence at trial.
ToM WADE: Superior ( 'ourt of Burke County, 18fl3'; murder; life imprisonment; paroled April 7, lfl15, on recommendation of judge and solicitor-general and extenuating ciremnstanees.
RoY HIGHTOWER: ,Superior Court of Lowndes
County, Novemher term, 1mo; manslaughter; 1:2
years; paroled April 8, l !)] 5, hecause of good record as prisoner and elements of provocation in the crime.
DrnK BuTLER: Superior Court of Taliaferro
County, J;~all term, mm; assault with intent to mur-
der; seven years; paroled April 15, 1D15, for statutory reasons.
,TAMIE LEE liwm-;: Superior Court of Douglas County, Spring term, ml:{; burglary; se,en years; paroled April 17, lm5, on reC'ommendation of trial judge and solicitor-general, his youth and goo(l record as prisoner.
J;~vERGREEN BILLINGSLEE: Superior Court of Doug-
las County, Spring term, mu; burglary; 7 years;
paroled April 17, 1915, because of youth, small value of articles stolen, good record as prisoner and recommendation of judge and solicitor-general.
HENRY ODUM: Superior Court of Floyd County, October term, 190::3; murder; life imprisonment; paroled Apr. :20, 1915, on recommendation of trial judge and solicitor-general and because of doubt as to guilt.
6i

JrM DuNwooDY: Superior Court of Houston County, April term, 190:3; murder; life imprisonment; paroled April 21, 1915, because of good record of prisoner and extreme circumstantial nature of eVldence.
ANNIE RABB: Superior Court of Emanuel County, Spring term, 190:.!.; murder; life imprisonment; paroled April 27, 1915, because of good record as prisoner and fact that at fin-;t trial she received sentence of only twenty years.
GEORGE LAMBERT: Superior Court of ( 'harlton County, October term, 1!105; marn-;laughter; fifteen years; paroled April :.!.7, Ul15, for statutory reasons.
AARON 1VoonwARD: Superior ,Court of l<"u'lton County, Novemhcr knn, l!lll; assault with attempt to murder; eight ye/Im; paroled ,\pril ~9, 1!)15, because of youth at time of trial, <-~:-d.ennating cinnmstanc~s and good record as prisoner.
NrcK 1folN'ros11: Superior Court of Chatham County, Octolrnr term, 1!)04; attempting to wret'k railroad train; life irnprisonm<!nt; parolc>d _April ::\'D, 1H15, because of extn'm<'I~- doubtful chaniet<~r of evidence and good record as prisonl'l'.
1VALT SMlTH: Superior ( 'ourt of Henry County, April term, 1911; mam;langMer; fiftePn years; p;, r
oled April :-m, 1913, he<'anse of good rpconl as pris-
oner and circumstanceR of provocation connected with killing.
vVAsn ScoTT: Superior Court of Clarke County, ,Tanuary term, 1903; murder; life imprisonment; paroled May 4, H)15, on recomrnem1ation of trial judge, and provocation growing out of assault antedating crime.
GS

-wru, ARCHER: Superior Court of Cherokee
County, December term; mm; murder; life impris-
onment; paroled May 17, 1915, because of youth at time of crime, extenuating circumstances and recommendation of judge.
CALVIN ,JonNsoN: Superior Court of Putnam County, Spring term, 1882; murder; life imprison11w_nt; parole<l on statutory grounds, applicant being more th:m 80 years old and having served thirty-three years.
-:V[ARY HARYEY: Ruperior Cou_rt of Lowndes County, N overnbn t<>rrn, Hl04; murder; life imprisonment; parol<>d l\fay 18, 1915, because of long and good service as prisoner.
MALINDA l\fAXWELL: Superior Court of Chatham Conntr, Spring term, 18!)8; murder; lifo imprisonment; p,1rolPd 11ay 18, 1!)13, because of good record and cireumstanc<>s lending provocation in advance of the crinw.
ToM P. RFsBEE: Sup<>rior Court of Wilcox Coun-
t~, Spring frn11, 1!Jl:.!; robbery; five years; paroled
-:\fay 18, 1!113, lwcal!S(' or douhtfnl character of evi-
dence and good record as pnsoner.
AMos AnMSTHONG: Superior Court of vVare County, Novem her term, 18!)7; murder; life imprisonment; parol<>d )lay :.!0, lm3, on recommendation of judge arnl soliritor-gPneral and because of good record as priso1wr.
PERCY AsHLEY: Superior Court of Taliaferro County, Fehrmu~ term, 1!)08; manslaughter; fifteen years; parol<>d l\lay 21, 1915, because of extenuating circmn stances and good record as prisoner.
69

MARY LANE: Superior Court of Fulton County, January term, H)l 4; mans,] aughter ; three years ; paroled May 21, 1915, beeause of extenuating eucumstances and good record as prisoner.
\V1LL 1\In,L: Superior Court of Grady County, March term, 1909; manslaughter; 12 years; paroled June 5, 1915, because of new evidence throwing doubt on defendant's guilt and good record as prisoner.
\VALTER GANTT: Superior Court of Fulton County, Fall term, 1908; manslaughter; twelve years; paroled ,June 5, H)] 5, becam,e of extenuating cucurnstances and good iecord ns prisoner.
R. C. FARGASON: Superior Court of F1ulton County, l1'ebruary term, 1D12; lar<'eny; six years; paroled ,June 7, Ul15, because of youth at time of crime, good record and injuries susfoined as prisoner.
LEI<~ DURHAM: Superior Court of McDuffie County, March term, 1901; murder; life imprisonment; paroled ,June 10, 1915, on recommendation of judge and solicitor and evidence indicating that killing may have been accidental.
RESPITl<~S.
JOHN \VRIGHT: Fannin County; murder; SPntenced to hang; from June 26, 1014, to ]1 riday, July 17, 1914, on request of solicitor-general to ,1fforr1 time for investigation of application for clemene~'; and from ,July 17, 1914-, to July 31, 19-14, for same reason; and from July 31, 1914, to Augu8t 7, 1!114, for same reason; and from August 7, 1914, to Angn'-'t 28, 1914; and from August 28, HH4, to September
70

4, 1914, for same reason; all respites being granted on request of Prison Commission or eourt officials to afford time for investigation.
MILES CRIBB: Turner County; murder; senthlced to death; from August 7, 1914, to August 28, 1914, on the request of the trial judge to afford time to have question of sanity of prisoner investigated as provided by law on proper application which was made; and from August 28, HH4, to September 11, 1914, for same reason.
W. I. HUMPHREY: Whitfield County; murder; death sentence; from August 7, 191+, to August 28, Hl14, on rt>quest of Prison Commission to afford lime to investigate application for clemency; and frcm August 28, 1914, to September 11, 1914, for same reason.
PETER MoRGAN: Baker County; murder; dt>ath sentence; from .Jan. 15, 1915, to .Tanuary 29, 1!) 15, on request of the judge of the Superior Court to give time to have sanity of priRoner examined by commission as required by law under circumstances presented .
.TIM CANTRELL: Hall Countr; murder; de:ith },'111tence; from June 2f:i, Hll4, to July 24, 1914, on request of trial judge and Prison Commissio!'l to afford time for investigation of application for ckmency.
JIM CANTRELL and BART CANTRELL: Hall County; murder; death sentence; from .July 24, 1914, to July
:31, 1914, to afford time for investigation of applica-
tion for clemency.
71

CARL iF1'.ASER: Fulton County; murder; death sentence; from .Tune 4, Hll 5, to .July H:i, ] 915, on request of Prison Commission to afford time for investigation of applicati_on for clemency.
EDDIE. E\LDER: Fulton County; murder; :death sentence; from June 11, 1915, to June 25, 1915, on request of Prison Commission to afford time for investigation of applieation for clemency.
72