MESSAGE
OF
GOVERNOR NAT E. HARRIS
TO THE
GENERAL ASSEMBLY
OF
GEORGIA
JUNE 28, 1916
1916 CHAS. P. BYRD, Stata Printer,
ATLANTA, GA.

MESSAGE
OF
GOVERNOR NAT E. HARRIS
TO THE
GENERAL ASSEMBLY
OF
GEORGIA
JUNE 28, 1916
H}l(i
CHAS. P. BYRD. State Printer. ATLANTA, GA.

MESSAGE
EXECUTIVE DEPARTMENT, ~TATE OF GEORGIA.
ATLANTA, GA., ,June :38, 1916.
To the Members uf the General A'sse111bly of the State of Georgia.
The second regular session of the present Legislature finds the condition of the country greatly improved. Business has continued to advance, and the recent low prices of our farm products have become things of the past. The merchants are selling for higher profits and in greater volume. The hanks are thriving; money is easy; and the people of the Commonwealth, generally, are in much better spirits in every respect, than prevailed at your last meeting.
-While the war still rages with nnahated fnry across the ocean, yet our people have esca peel its ravages, and our country, up to this time, has been free from attack hy outside foes, save a few incursions on the borders of Mexico.
The eall for the National Onard, it is hoped, has been more to teach our sister republic that the United States is not as helpless as onr critirs have sought to l)rove, rather than for the purposes 11 i serious warfare. The result has certainly clisclosed the fact that a call to arms will be heanl as quickly
3

and ami\vered as 1nomptly now as was the same call in 1846 or the tocsin in 18G1.
It is a pleasure for me to tell you that our State met the demand as readily, and that our Guard was in the fielcl, equipped and officered, as quickly, as occurred in any State in the Union-that tlw Georgia boys felt the same patriotic ardor as those in New York, or J\fassachusetts, or any other Commonwealth of the Union. ln thirty-six hours afkr thP word came we had enough men to fill our ranks to the number required; our organi,rntions were com pleted, arnl our nwn stood at their armories, wit!i guns in their hands, awaiting the word of command from the National Head.
Our people arc adapting themselves to the situation caused by the shutting down of many sources o-f foreign supplies, growing out of the war in l1Jnrope, and are turning their thoughts to the development of those industries and 1irodnds which onl'e formed the bulk of our foreign importations. A marked advance along these lines is in operation, and it is believed that many of the articles nPeded to supply the deficiency in thf' products of the old workl will soon he made by our own peo1)le from our own inexhaustible materials. Jn this way I think the war in Eurnpe has been of consi(lerahlc advantage to the American Nation, if in no otlwr way. Tl,e admirable manner in whirh the head of the GoYernrnent, at \Yashington, has steered the country through innumerable clangers to which we have been exposed, by reason of the foreign war, challenges the gratitude of every real patriot in all our land.

lf the s1111w good fortune shall attend onr dforts on the J\lexiean border, so that our Ueorgia boys and tlwir comnHles of the States, shall return with honor and safety from that fiC'ld, it ,vill leave us little to complain of and may atone for our regret lwcansc of their ahsenee from thLir mothtr State.
Sl'EClAI, SESSION.
'l'lrn \\'ork which wns <lone at tlw extraordinar~ session of the Legislature iR heginning to make itself felt throughout the State.
The appropriations to the State institutions were very liberal, esperially to the srhools and colleg<-'s. As a result thereof, there is a vast n~vival going on in the field of edueation. Your "'ork in thi8 respect has served to put new henrt into all tltl~ officials 0ngagcd in canying on the work of 0dueation, and tl1e brightest prorni8e of future aehievemcnt ever known in the State's history is being heM out to the public at the present time.
The appropriations for the (lepartmcnts arnl for the mainternrnee of the eleemosynary institntions wen' also liberal, and liave Re1-Yecl to render nrnC'h easiPr the work in these portions of our government.
It is a matter of great eongratulation that Georgia has begun to realizP lier duty towarcls those trying to transact her busi1wss. Tlte economy practiced under tliP Constitution of 1877 has sened at times to throttle and hold hack the progres:c; of tlrn State in many <lindio11s, nrnl to pn'VPnt tl1e Commonwealth from taking tlte position to ,,ltich she is justly entitled, in the family of 8tates. -While caution in ex-

penditure of the peovle's money is 1iecessary, yd thi:c; <'an sometimes be earried to such an extent as to dwarf the work of government and render unhappy the people who were sought to be benefiic(1.
The four great .Acts pas:,;ed on the suh,icct of prohibition arc receiving a fair trial at the hauds of the peopk, and mueh good is being done, as will he hereinafter more fully set forth.
The adju:-;tment of the automobile taxtl'l to a constitutional and lrnsiness basis, the provi:-;ions f\:,r the leasing of the Western & Atlantil' Hailroad, and the other matters passed at the extraordinary session, add(d to the importance of the work of tlw :,;cRsion, and will aid in keeping alive the interest of the country in the same for many years to come.
AUDIT OF STATE lh;P,UlTMENTS.
Under r<'soluiion ntloptcd at the extraordinary
session, authori;,,ing tlin Governor to lrnYe an nnclit
of all tla~ dc1rnrtrncnts of the State goYernment made, for which an appropriation was l'arried in the Gmieral Appropriation ""\._ct, tlw St~rvi('e:-; of an amlitor were securell and a complete (xamiuation arnl thorough innstigation into all the Hl'l'onnts of the State have lwen C'one!U<kd.
The result of thi:-; iunistigation wil 1 he laid hefore your body in n separatP lll('Ssage, with such suggestions and l'('('omrnt>rnlations as iltl' mattc>r requires. rrhe arnlit ltns inclrnkd not milv the State Departments at tlie ( 'apitol, lmt also tl1e seYeral institutions of the State, the Sanitarium at nlilledge-
(j

ville, ancl all the eclucationa] institutions supportecl by appropriations from the Treasury.
It is believed that the work has been efficiently
done and that vast goocl will result to the State therefrom.
In a previous message, it was earnestly recommended to the General Assembly that it would be well to have a permanent anditor, -whose dnties shoulll be set forth and determim<l by appropriate legislation. The neressity for this still exists, for it is a crying sliame that so great an institution as a sovPreign State should have no offirer charged with the (lin~ct duty of flmliting the 1mhlir accounts, and the examinfltion of the expenditures of the puhlie mone>T so flS to compare thPrn with thP vouclwrs that should support the same.
STATE FrNANc1,s.
The reports of the Treasurer and Comptroller will be lwfore you, from whieh you can gflther au i<ka of the present cornlition of the Treasur>T and the ability of the State to meet its obligations.
Notwithstarnling the set-hack in business, in some dirertions, caused by the war, the rollertion of the taxes has kept pace in reasonable proportion with that of other years. There ]ws been some clelay in 1rnyment, flrnl, on arconnt of this, the Governor has hecn pnt to considerfl1Jk, cliffirnlty in meding the maturing ohligations, both to the ernploye<>s of the Rtate as well as to her rrcrlitors elsewhere.
lt has been neressnrv to borrow some $:300,000.00, which was serure(l at three and one-half per cent.
7

This loan is payable in September at the time when the corporntion taxes will come in.
Under tlrn authority of the Art approved August 1:--l, 1!)1 :-i, tlwre has be011 sold the sum of $1,10:5,895.25 of the school wmTm1is, payahle on the :nst day of ,January, 1917, for the purpose of meeting, when dne, the salaries and expenses of the public sehonl tPachers of the State. No <lifticulty was fournl in 1wgotiating these warrnnts at thne arnl one-lialf per cent. discount, arnl the use of them in aniiripating the renmw has enahl<!l the State to keep up with the appropriations and meet the aeen1ing cliarges nn this account. It lrns been a matter of great congratulation that the old cornlition of affairs has passe<l away and this heavy lmnlen npon tl1e operations of the public sd10ol system has lwPn 1111ally and completely removed.
I am advised that at the time when tliis message
is completed the Treasnry has $142,01 o.:n availablf'
<'ash hnlanrc to nwet the <urrent exp<mscs of tlw Rtate.
rrhe snhject of the State's finnnrPs is of prime importance to ev0ry ritizcn of the Cornrnonw0:1lth nml should be of especial interest to you, tlw chosen rPpresentaiives of the 1wople. The State's Jirogress, prosperity and honor arc involv0<l. Her good 1wme is her best asset, nrnl shonl<l he kept 11ntarni,J10<l. Tlw Rtate rollPets mmwy only through the inhennt and neressary powPr to tax. Ev0ry rent ;oing into tlw pnhlir frpasnr.'-, 0xrPpt thf' incomf~ from prnpPrty, g<'h, thcr0 in tl1e fon11 of a tax c,ither upon 1wrson, Jll'op<>rt:r or occupation.
8

]'or tl,e State to incur obligations awl not to meet
thPm promptly is no lC'ss repre1wnsihle in the State than it is in the citizen ,vho promises to pay without the means to make good the promise. In fad, the Sovereign State should set the example of scrnpnlous integrity in her every transaction. This is dealing in matters about which the State has promised and assumes the form of appro11riations, but such matters arc not exhaustive of tho State's ohligations. The State has adopted the wise policy of fostering her agricultural interests, and has nrndo
large ap}ll'opriations to that end. '!'he State is
bound to care for tho helpless and insane, and lias made largo appropriations to the sanitarium at Milledgeville, Georgia's greatest charity. 'L1ho State, by virtue of her sovereignty, owes a duty to tho children of the State to make of them the very best citi-
zens. This is no less important to the State than to
tho child. The State also is hound to protect lier every citizen in the enjoyment of life, lihorty arnl property, that being the fundamental idea in the State's organization.
'l'lrn citizen, in rotum, owes to the State tho reeip-
rucal duty to obey her laws, to support her institutions in times of 11eaeo and to dcfrnd lwr soverPignty
in times of war, if necessmy, with his all. In pro11ortion as these reciprocal duties are really appreciated and justly practiced, in that proportion will the blessings of government be secured. On the other hand, as those reciprocal duties are ,vithheld and ignored, in that proportion will the government prove a failure.
9

One of the most signifieant features of Lfril government everywhere is the rapid increase of pnblil' expenditures, National, State, eounty arn1 mnnicipa1. Ten years ago the taxable values of Georgia, as evidencecl by the Digests, were $577,840,28:.!.00. Jn HllG the taxah]e values are $951,763,072.00. The total revenue from all sources in 1905 was $4,2G:2,5%.-l-'.2. The total revenue from all sources in 1915 was $G,G33,423'.64. 11 he total appropriation in 1903 was $4,260,844.3G. The total appropriation in 1915 was $G,411,875.25.
The State's financial 11roblem has heen made doubly serious by the faet that the Legislature during the past several years has adopted a poliey, the effect of which has been to reduce the State's smtrces of income. I refer to the abolition of the lease-convict system, and the repeal of the tax on liquor, near beer and locker dubs-measures ,vhieh I sincerely approve, but which have had the effect of diminishing our sources of ineome, while the appropriations have been steadily increasing. The State is burning the eandle at both ends aml is no,v spern1ing' more money than she has revenue.
The State now would have lrnen unable to meet her obligations, but for the Tax ,_\ct ap1novel1 August 14, 1913. In faet, as appears from the ComptroHer's report, so great is the loss in revenue, ancl so extended the appropriations, that even \Yith an increase in taxes for the corning year to five mills, there will still be a deficit in the revenue of $206,000.00-ancl this, too, though no appropriations are made at the present session of the Legislature. It
10

would be a good prcrautionan- measure, thcrefor0, if the G(_neral ""\ssernbl.v sltoul<l, at its present session, :-;et about to incnasc the n~nmws hy <lPsignatiug new sourct:,; of i11to11w and new subjeds for taxation.
Under tlte optratiou of thi:,; la:,;t-namcd Eqnalization Ad, the value of taxahle }ffOJJNty in this State, in conseqnenre of the actiYit~- of thP Local Boar<ls of A:-;scssors, increase<l approxirnatPly $8:i,OOO,OO0.OO, by placing upon the Dig0st property which newr hefor0 paid any tax, and in the Jffoeess of equalization behvcen those 1Yho pay taxes. That Aet, while accomplishing murh, has in it grPatPr possibilities, if the General _Assembly will lend its aid in perfecting the same. Th0 main purpose of that Act was to put upon the Digest the property whieh has hee11 (\Scaping taxation, and to equalize thP lrnnlPn of taxation by providing that caeh man shall take his proportionate part of the cost of government.
There was no intention or purpose to raise thP taxes of any man, hut, on the eontrary, in the encl, to
lowPr the same; and this would he the effcc-t of the Ad if applie<l in goo<l faitl1, as intendPd.
rp]ip Act merits your earn0st attention, and shonhl hP mnPrnle<l so as to tnke awa>- from it :m>ohjeetionalile f0at11res whi<"h lrnvP heeome evident in its applieation to th<' work of tlw StatP, rather than 1w l'C'Jwalc<l at tlw present time.
If the Act is rppealP<l, I would not foel that the LegislatnrC' lrncl <lone its duty, unlPss some other metho<l w0r0 alloptc<l that would rearh tlw evil and suppl>- the <lefieiPncies apparC'nt in our taxation system.
11

I submit the following earnest wor<1s from tbe
JHm of ,Trn1gc .Tolin C. Hart, who fills the office of 1'ax
Commi:-;,.:ioner, an<1 whose al1ility m1<1 fain1cs,, arc
recoguize<l throughout tlw Stat<. I le :-;n,rn:
'' l mn <on:-;ciom; of the fad that the Act from thr~ day of its passage has met ,Yith persistent opposition hy many of tlw nHm1ht\l''-\ of the LPgislature who 1mssP<1 it. 1t 1H<arne a law h,\ a majo1it,\ of only one vote, and the distussions preee<1ing its passage seem to have create<l wonrn1s wltieh unhappily have not yet healed. r a1ipeal to the Legislature to abandon the attitnck of antagonism towal'<1s the Tax .1\d, and suggest that it is the t1nt.\- of patriotic men to unite in an lrnnPst cffort to obtain a jnst arn1 equitahle tax s.rntem hoth in thPOl'_\' and in 1m1ctiee. It is impossible to formulate an~ 1'<ffenue measme wl1ielt will meet with universal approbation.
_No popular tax 1aw has evt>r yet been enaded,
and newr will lw, yd gov0nm1cnt conlcl not <xist a w0ek without n~Yemw. Tn the perfo('-
tion of tlw 'l'ax .\et lies the last hope of tl1P
StatP, arnl a:-; one familiar with the State',.: tinaneial condition l SH,\' to yon as an ofii<Pr who has stn<1i<>d this pressing prohh,m, and as a citizen loying this 8tate, unless the 8tat0 gds nli<'f from its present situation tlH Stat<> wi II 1w (onfronte<1 -with cornlitions ere long wl1id1 will lw <mlmrrnssing- at least to t'itizens -who J)(_,liP\'<' that her p;ood name is her hPst assC>t. ''
Pmwrnrn WuNn.
The same <fofir-iPmy in tl1c printing fund exists
at the present time as that which was refent=-11 to at

last summer's session. The warrants upon the fund had exhausted it long before the year was out, and, as many thi11gs which were printecl ha<l to he used in the eunent year, tlw funds of that year were mnployed to supply the defici011cy and pay for the work that had taken plare in the previous year. Owing to this fact and to the inrrease<l expenditure for the extra session, in this behalf, the amount appropriated will not be suffi('ient to do the printing required for the present year.
I trust that you wil1 ]ook into this matter an<l, in your wisdom, make such an addition to the fund as will meet the emergenC)' and prevent the ]appiug of one year into another.
KEEPER OF PUBLIC BUILDINGS AND GROUNDS.
This office has existeu for some considerable time, and yet has no statute defining the duties attached to tlw same.
I earnestly recommenu that the Legislature take the matter up for consideration and pass a law setting out and defining, in })lain terms, the dut)' of this offieer. 1Ie should be given entire control of all the servants and employees about the CtqJitol charged with the business of looking after, taking ean' of, and preserving the same. lt would be well, also, to make him the purchasing agent at the Capitol, and, possibly, bis (luties might 'he extended to the whole State, if a central purchasing agency coulu he estaiblishe(l arnl authorized. It is believed that a great deal of money might be saved, if the State would buy in larg0 quantities, llll(ler the dirPction of a
13

single individual. Not only would there be a saving in money, but frequently the quality of the article purchased would be greatly enhanced. Supplies could be deliverell upon requisition from different institutions.
I call your atteution to this matter as one worthy of careful consideration.
Shortly after assuming the duties of Governor, I found a shortage in this office. An auditor was employed to audit the hooks and accounts of the Keeper. The auditor reported a shortage due by the Assistant to the Keeper of Buildings and Grounds of some $4,421.78, and an excess of bills over appropriation of $14,210.83. The Assistant Keeper of Buildings and Grounds so called, failed to make good the shortage, but the Keeper returned the amount due (with the exception of the proceeds of certain forged checks which he is now endeavoring to collect from the bank) to the General Fund of the Treasury.
You made good to the creditors the deficiency hy appropriating the sum of $14,210.83' to cover "work ac-tually done and supplies actually furnished.''
This money was paid out to creditors only upon sworn itemized statements, verified by the Keeper of Buihlings and Grounds and carefully audited hy my office. Tn this way, several hundrecl dollars was saved the State, as all charges for interest and for articles delivered personally to the Assistant Keeper of Buildings and Grounds were stricken from the accounts.
Several accounts against the department for goods delivered and work actually performed for
14

the State prior to the date of the appro}Jriation were also found. These accounts were not reported by the auditor, as they were not presented to him, and the office had no book showing "accounts payable." I, therefore, had the accounts itemized_ and sworn to, as well as carefully audited, and paid them out of the appropriation. They amounted to $593.G2.
I am pleased to report that there remains an unspent balance of $42.73 of this special appropriation, after paying aU accounts against the department clue prior to November 27th, the1 date of the appropriation.
Itemized statements of all the above mentioned accounts, as well as proper receipts, are of file in the Executive Office.
JUVENILE COURTS.
It has been insisted that those young offenders whose lives it is the purpose of the State to reclaim should be relieved of the stigma of prosecutions in the regular criminal courts.
To secure this end, it is felt that the ctotablishment of juvenile courts is necessary, and it might be well that the Legislature should take up the law passed at the session of 1915 and extend its operations throughout the entire State.
In this connection, the General Assembly might consider the question of establishing n. training school for boys at some point other than the State Prison ]-,arm. An institution similar to that which has been established for the training of wayward girls, now located in Fulton County, has been
15

thought of and deserves your consideration. Such a school would exempt wayward boys from assoeiation with those convicted of crime and, especially, relieve such boys from the stain of conviction. A boy leaving a training school, with a good character, would undoubtedly have a much better clrnnce in life than the same boy sent out from an institution classed as a reformatory.
Of course, the condition of the Treasury must be taken into consideration in passing on surh matters, as there is no room at the present time left for additional appropriations.
THE NATIONAL GuARD AND THE ARMY REORGANIZATION
ACT.
Congress has passed and the President has approved an Act reorganizing and enlarging the Arrny and the National Guard and providing for Reserves, in accordance with the powers granted the National Government by the Constitution of the United States, Art 1, Sec. 8, Par. 15.
Under the terms of said Act this State is expected to have duly organized under its provisions a National Guard force that will comprise, hesid1-is the appropriate number of officers, two hundred enlisted men for each Congressman and Senator from the State during the first year of the1 law's operation, with an annual inrrease of not less than fifty per cent. until the number reaches a total peace strength of eight hundred enlisted men for ear]1 Senator and Representative from the State. The State has the privilege of organizing the full strength
16

in less time than as above stated. As Georgia now has fourteen Senaton; and Hepr0sentatiYPS, the minimum numher of enlisted mon reqnirod tho first yPar is twenty-eight hunclrocl which W(' now have, and the maximnm allowed on a ponce footing is eleven thousand two hundred.
Under the Act the National Govornmont undPrtakcs to fumish complete l'qnipment, the necessary officers and facilities for training and instrnction of officers and men, and provi<lcs for the pay of officers and enlisted men, not only ,vhik, in camp and in tho service of tho National Govermnont, but for the time devoted to training at the homo stations, umler ,regulations therein provided for.
Tho National Government reserves the right to designate tho particular unit or units, as to branch or arm of service, to be maintained in each Ntatc; to detail Army and National Guard officers as Chiefs of Staff and .Assistant Chiefs of Staff of Divisions of tho National Guard in tho service of the United States, and to detail officers and cnlisto(l mm of the .Army for instruction of the National Guard under certain regulations; and to draft the Kational Guard iuto the service of the United Stntcs in time of war; to have the President ap1,oint officers thereof in time of war from their rank:-;; and to provide generally for instruction, discipline and training.
The State is giYen full right to use the National
Guard within its borders in time of peace, but is prohibited from maintaining other troops oxco11t as organized under tho provisions of tho Act; but
17

the orga11ization and maintenance of a State police or constabulary is not prohibited.
The Act places upon the State certain requirements as conditions precedent to securing the equipment, training and pay provided in the Act. Among them are that the State shall make adequate provision, to the satisfaction of the Secretary of vVar, for the protection and care of property furnished; must make laws and regulations to plaee the National Guard in line with the provisions of the Act; and make certain laws regarding the appointment and tenure of service of certain staff officers.
Under the provisions of the Act it is necessary for the General Assembly to take legislative action at this session to meet these requirements, if our
State is to co-overate with the National Govern-
ment in the establishment of this branch of the defensive force of the country.
rt'he National Guard is of inestimable value to the State in time of peace, as1 it has been and -will again be to the Nation in time of war. Recent events have shown that the demand for an adequate, trained force may become imperative at any time. CongTess and our President have apportioned to us as a State our immediate share in the progTam for preparedness. Self-interest and love of our State and country require that we bend our energies towards co-operating with the National Government in fostering the Guard in every way possible.
I commend to the General Assembly the consideration of the Act of Congress, approved .Junc 3, 1916, and the prompt passage of a law that will put
18

its machinery in motion and its regulations in eff0rt in this State at an early dat0.
rl'he Commission, av1>ointed under the Act avproved November 30, 1!J13, ehargecl with the duty of leasing or disposing of the 1Vestern & Atlantic Railroad, has been busily engaged in gathering statistics, collecting data, and acquiring information ne<'essary to intelligently handle~ the subject-matter, as provided in the Act aforesaid.
A report of the OHerations of the lease-commission will be furnished by the chairman, Hon. C. :i\L Candler, at the present session of the Legislature and will be laid before your body, accompanied by a special message from the Executive.
The Commission has not yet completed its work. No lease of the road has been made, and only one offer, involving both a lease arnl extension of the road to the seashore, has been received by the Com-
m ISSlOn.
The prospect of leasing the road sePms very favorable. Consultations with railroad authorities have led most of the Commission to believe that, when the neeessary data has been collected and the work which the law requires has been completed, thne will be strong probahilit~T of being able to ronclude the work of the Commission h~T securing a lease at a largely increasi'd figurP over the present rental.
The Commission did not think fit to ask for bids, both on account of tht fact that the eo11edion of the data had not heen conc1udPc1, as wP11 as from thP
19

fact that it was represented that no railroad co111pany would hi(l on the vropcrty without an amendlll(nt to Sedion 11-,_\ of the l<>ase Act, concerning the sub-ldtiHg of the road. It has )wen strongly objected that no company could afford to bid, unless the 11roviRO in this section should be stricken out.
A full diseussion of this subject will be found in the report of the ( 1omrnission, with the recommendations of the Commission touching the same, to which the attm1tion of the General Assembly will be called.
The -Western & Atlantic Railroad is the best of all the tangible aRsets of the State of Georgia. Its disposition is a matter of great interest, and deserves all the attention and investigation whirh the Commission can bring to bear upon it.
If it should unfortunately happen that the road eannot he leased, then it should be made plainly the dnty of the ('ommission to ascertain what other disposition ean he reaehed, what would be the probahle n~sult if the 8tate should he forced to operate it, at what 1irice it could he sold, or upon wliat terms it eould he exten(ll\d to the sea, with the results in eaeh easP WPll set forth. rl'lw lease Act Heems to eontPmplat<~ this.
It is the (amest hope of the Executive that thP Commission will he ahlc to lPase the roa<l, for, upon this propel'ty, as snch, rests in large measure tlH <rt>dit of the State, arnl its ineome is aiding the State in tliP P<ltwation of thP cliil<lnn and in lessening the taxPs of the people. Tt shonl<l never he sokl unless thf' 1wopk, themsflYPR, pass on tlH qtwstion.
:?O

ANTI-PARALLELING AcT.
On October 5, lDl-l-, W.T. i\lonison, d. al., filed a petition with the Senetary of StaV, w,king to lie incorporatet1 a:,; a railroad cornpauy nuder tlw uarne of Nortli Georgia .i\iineral Hailway. The length of the road was estimate<l to he approximately lift~ miles, lying "-holly within the State and was to nm through the eounties of .B'ulton, Cobb, ('Jwrok<>e an<L Bartow, and to Woffords Cross Hoads in Bartow County, about seven miles northeast of Cartersvil1P and on the line of the Louisville & Nashville Hailroad, running from Knoxville to Cartersville.
The then Governor of the State, to-wit., Hou. John :M. Slaton, conceiving that the purpose of the petition was to parallel the -Western & ""\ tlantic Hailway, and heliPYing that if done woul<l greatly impair its value, inYokeu a eonforpnce with tlit> attorrrnys for petitioners, 1\Iessrs. King & 8pahlillg. Oo\'ernor Slaton informpd counsel if the apvlieation was presst~d he woul11 fop] eonstrained to call th< General Assembly into extraor<linary smrnion ancl lay the matter before that body for sueh adion as it might Sf'<> fH to talw. After eonsidc~rable pnlin1inaries, it was agrce<l that the application wonl<l not be pressed lwfon the Seer0tary of Rtate until foe meeting of the LPgislatnre in ngnlar session.
Your hody, at the regular session thc-nn ftPr, en -
acted what is kno"n as fop Anti-ParallPling Ad, ap proYe<1 Angust 11, 1013, fournl in ,\ds 1DHi, HPp;ular Session, page 18.
After the a<ljonrnnwnt of ~'01ir ho<lr, thPsP petitioners, on th<> :11 st tla., of Ih:CPlllller, Ull3, ser11rPd
21

from Hon. ,John T. Pend1eton, Judge of the Superior Court of the Atlanta Circuit, '' a mandamus ni:-;i," requiring the Nenebuy of State to :,;how cnu:-;e why lto should not gnmt the l'harter a:,;ktd for. lu n':,;ponse to tho 11w1Hlamu::, 11i:,;i, the Sendary of State answered, giving as hi:-; reason why tl1e rnic should not he nia<l(1 ahsolutQ tho pa:-;sage of the 1-\d just cited, inhibiting him from granting authority to any private person" to 1mild a line of rai1wa~' para1lel with the trac-ks of th0 ,VPstern & At1antic Raihrny, and forhi<lding him to grnnt any authority or 1irivilege to any 1wrson or eorporation that viill depreciate the value of the said ,VestPrn & At1antic Railwa)T." In other words, the position of tl1e Secretary of State was, awl is, that to grant the ririvilege wou1d be in violation of the Anti-Paralleling Aet, and that he thought the app1ication for the eharter was rea11y in 1w1ialf of the Louisvi1le & Nasl1villc Railroad Compirn~- to obtain corporate powc,r.;; mHl privilPgcs to huil!l a rai1road para1lel to tht-1 tracks of the ,Vest<'rn & A t1antic Rai1way.
Thus it will he sePn that these petitioners for incorporation on the onP harnl, arnl the refusal of tho SPeretary of State on the oth0r to grant it, brought clin,etly into qnN1tion the eonstitntionality of th0 Ad. rl'hP plaintiffs in the pdition atta<'hr1 the Act upon the gronrnl that tlw,v l1a<l complied \\'ith all statutor~, n'qnir0rnents as to advPrtisemPnt,; prior to the pas:,;agc of the Aet, arnl claimed to han' a vested right to th0 ehartPr, arnl as c-onstrued by the Recrebtr~' of RtatP t11P Aet ,yi1s ntroaetive and void. TlH\Y fmthn took thP position that tlrn rnil-

road asked for would not in fact be a road '' parallel'' to the Western & A. tlantic Hailway.
They further attachd the Act as violative of the Constitution of this State, Article 1, Section 1, Paragraph :2:-1, as an effort to confer power upon the Serretary of 8tatc in violation of the provision that '' The legislative, juclieial anc1 exel'utive powers shall forever remain separate and distinct, aml no person discharging the duties of one shall at tlw same time exercise the functions of either of the others.'' The Act was attacked ur>on other grounds as violative of the C'onstitution and laws of Georgia.
The Act }Vas further attaeked upon the ground that it violated the Federal Constitution, and was in violation of the Sherman _Anti-Trust Law; that it was an interference with interstate commerce, and was a denial of the equal }Jrotcction of the laws, contrary to the Constitution of the United States.
The case came on regularly to he heard licfore ,J ndge Pendleton, in 1mrsuanee of previous orders, and, after argument lasting several days, the ,indgt: 1hwicled, on January ;__n, 1D1G, in favor of the constitutionality of the Act, and doniec1 tho petition to make the rule absolute. Tho case -was app,~:t le(l to tl10 Supreme Court of Georgia, ,dwrc it was reee11tly argued and is now pending for decision.
A 11etition for injunction involving practically the same issues was filed by the State of Georgia in Bartow Superior Court, l1efore .Tudge Fite, to enjoin the 1mi1<ling of a road from a 11oint just out from Cartersville to l\ tlantn. The ease ,ms 110ard before ,Judge ]'ite, nnl1, after argument thereof, he held

that tl1e State was t>Htitlt>d to an iu.i11nctio11, liecause tlw prnpoS(\d rond violated the J\nti-Pnralleling Ad. r_['hc Louisville & Nashville Hailroad Company, or the parties aeting in their behalf, have acqnicsC'Pd in that deciRion. The railroad is rPprcscnted by Hon. Alex. C. King, Hon.J. T. Spalding, and Messrs. Dorsey, Brewster, Howell & I-foyman.
OnTing to the gravity and importanee of these casPs, I ernployecl, to 1rnsist in repn'senting the State, ,Judge HoraC'e J\I. Holden a11cl .Tndge .Tohn C. Hart.
I do not know, of eonrse, what will be the decision of the Supreme Conrt of Georgia, hut I have tlone all in my power, as Governor, to_ pr0serve the State's road, her hc~st asset, from injury arnl depreeiation by reason of these efforts on the 1rnrt of the Louisville & Nasll\'ille Railroad and its allies, and, so far, the l'Onrts have sustained the constitutionality of the Act.
LITIGATION WITH THE CoPPim Uo.MPANrns.
r11Jie Rupreme Comt of the United Ntates has snstaine(l the ('outention of the Rtate with the Duckto,Yn Coppel' ( 'ompany concerning the damage done hy tlw operation of the plant to our eifomns in adjacent counties.
It will be rcmcmlwred that th0re arc two eopper companies opcrnting in <'lose proximity near the line of Fannin County, the Ducktown Company and the Tennessee Copper Company.
The latter company enter0d into a contract with the Stat0, which was acloptccl by resolution of the

Legislature in 1913 (Acts 1913, page 1295), by which all damages were to be settled through arbitrators.
The Ducktown ( 1ornpany refused to enter into a similar contract, and the litigation with that company went forward, while the other remained at a stand-still.
On the ::lrd clay of April, of the present year, the Supreme Court of the lTnite<l States rendered a unanimous deeision in favor of tlw State of Georgia, laying down and sdting very stringent 1'egulations eorneming the operation of foe plnnt for the future awl giving a complete Lasis of reli(!f by injunction if injury should continue. The r0sult in this ease was a decided triumph for our State.
The contract with the Tennessee Company was made to cover the period of three years and to continue longer, unless six months notice shoulJ be given Ly Pither party of an intention to terminate the same.
Considerahle dissatisfaction has arisen over th0 operation of this contraet, and a vPry strnng <lemnml has hPen made on the Ji},,('entive to give tile notie0 reqnire(l to terrnin:1te the same. The pl'ovision rn the eontrnet touching this matter is a8 follows:
'' This eontnwt, unless terminated by hreach, ns pn)\'i<led in Paragraph 10, shall remain in 0ffpct at least thP Jl(']'iotl of time hereinlwf01'0 provi(lP<l. 1t shall eontimw then-after, unless at least six months previous notiee, in writing, shall he given h.v either party to the otliPr party, of its intf-'ntion to termiuak the cm1traet."
25

Inasmuch as the Legislature arted upon the original eontract and, when in session, more immediately represents the State, I have eoncluded to refer the whole matter to your body for investigation and direction. Jf a new eontraet is desired, the permission of the State would be necessary, and the Legislature ought to give this. If the contract is to he terminatCll and the litigation is to be taken up anew, so as to he pnshe<l to the en(l, the Legislature ought to give (lirertion acronlingly.
I refer thP matt(1r to yon with the following suggestions:
The Tennessee Copper Corn11any has gTo-wn into vast proportions; in fart, it is sai<l to 1w tlw largPst of its kind in the worl<l. It is very near the honkr line of the State-not more than a quarter of a mile away. It has invested a large amount of money in the plant and employs more than a thousand people from Georgia in its business. Tt is using some 2GO tons of ore daily from tlw ropper mines locatc,1 on the Georgia sicle of the line. lt has a vast ontpnt, spending two millions of <lollars annually in the pro(lnrtion of the same, rnn('h of which expenditnr0 <'Omes to G0orgia for wages, supplies and material. It is really doing a great work in th0 mountain regions for the people of Gilmer, I1~annin and Union, an(l its cleRtrnrtion or ce.c;sation wouW he a pnhlir calamity.
But in the working of itR ores, quantities of Rnlplrnr funwR nre tnnw<l loose upon the snrronn<ling rountr_\'. These funws <l0strny v0gPtntion, and, sornetirnPR li:1\'P prodnrP<l gT<'at <lnnrnge to tlie <'rops arnl

timber of the citizens, es1Jeeially tlw farmer:,;, for ten ancl even twenty miles ::nvay.
The comvany has it:,; domicile in rrenncssee, whil<' the citizens affected live in Georgia. Nece::-;sarily, thP damages in individual instances arc very :,;mall-to
erops and to timhcr-thc farmers are not rich, and, to be foreccl to go over into Terniessee and bring :,;uit in the courts of that ::Hate, making homls, paying
costs, employing lawyers, lm-:ing time in attendancl) npon court, 1iaying tlte cxpPnscs of witncs:,;es-is an almm-;t impossible task for them.
The Ntate, thereforP, long ago ranie to their ht>lp and fil0<l 1noccP<lings for injunction in tlw Nnprcme
Court of the United States, at vYaslting-ton.
After the litigation bacl proceeded for some time, the Copper Company determined to build a numlwr of large acirl diambers, to be used in gathering up the sulplrnrons fumes and r'onverting them into sulphuric aci<l. This pro<luct was sol<l to the fertilizer manufadorim; of the South and heeamc an important Plemcnt in the man11faetnn\ of fertilizers
throughout th(' NtatP, reducing the priee, it is <'lairne<l, mot'<._' than two dollal's per ton of the eornpletecl
article. The capacity of these acid ehamhers ddPrmine(l the number of furnaces the com1iany conld
Pmploy without serious detriment to the surround-
ing- country. So tlie contract which was entered into in rn13 eontainecl the following- stipulation:
"Tht' eornJHrn>- \Yill uot, (luring the life of this agreement, 01ien1tp more green ore furnaces than it fo1Cl:,; llP<'<'ssnry to permit of
:27

opernti1Jg; its sulplmric al'i<l plant at its normal, fnll l'apaeity. ''
Of cou rsc, if this ,vere done and all the fumes were l'f'qt1incl fol' the acid clrnmlwrs, there could lw no d,1111age nwlting to the property of the citizens.
An im,pedor was authoriZ(!d, whm,e duty it was to examine the plant at intervals and get information as to the tonnage of the orc-smcltage and of the tl!'i(l made during the period and n1)0rt to the GovNnor. But the company, knowing that these provi,.;ions would not confine all the gas-for the rornpany is suhjeet to acciclents and to the results arising from the carelessrnss of employees, and other contingencies-and that at times the volume of gas which es<_a1wd might settle on the fields and forests of the people and would he sufficiently charged with snlplrnr dioxide to cr0ate considerable damage as far as it 0xtended~agreed with tlw State to depo~it in hank a certain sum of money, to-wit., $16,500.00, for each year the contract continued in existence, this amount to lie p]ac0d to the crP<lit of the Governor and to he pai,l out in sdtkrn0nt of the damage claims of the pPople as th0 same ,Y01e pass0d on and allow('<1 hy tlw Board of A rhitrators. Orn of tlwsP was selected hy tli0 company aml 0110 hy the Rtate; an<1, in ease of disagrepm0nt, an nrnpire was called in, who was also appointed by the RtatP; the decision of any two of these to be final.
The awanls tlint luwe h0en rnarle hy the arbitrators, it H<<ms, han not satisfied the people. Not quite half the daims filec1 were allowed, and not quite
28

half the money deposited in any one year ,vas used and paid out. 'l1he fund in the bank now amounts to some $32,000.00.
1f the contract is a hrogat<>d, the citizlns will be left to their remedies in the T<nmsHee courts, and the Ntate can go on with the litigation to sccun, injunctions, and, if necessary, stov or greatly impe<ki tlw operations of the plant.
After careful examination into the matter and a visit to the scene, I hav(~ not found any fads to jm.;tify any charge of bad faith 01 corruption on tl,e part of the arbitrators appointed by the State. 'l'lwy may have committed mistakes of judgment. 1 have no doubt they have, hut I believe they have endPavored to fairly discharge their duty under the arbitration contract.
Yct there is one suggestion whi<'h hm; mneh WPight. I think the people wonld lin bdter satisfied to have one of tlwsP appoint<es on the ground. I will endeavor to satisfy them as to this in making reappointments.
The contract, if honestly and faithfnlly executed, affords a metho<l of relief to tl1e p<'ople of the eo1mties involved that should not be urnlen,stiniated. 'rhey an~ generally small fanrn'rs, of littlo nwans, and to have their harvests cl<>stroyt>d, tlwir prospects rui11e(l hy the fumes from the great furnaces and snwltPrics at the copper manufadory, is a har<lship that thPy ought not to he compPllecl to bear without relief, if tlw State can give it to them. The contract, itself, shows that the co1)pPr company recognizes this fact.

If it is desired to abrogate the contraet, a rc:,;olution to that effeei is all that is necessary. If it is desired to continue it, the same means can be adopted to inform the Executive. The State has made it her matter, and, as such, I refer it to the General Assembly.
THE PENITENTIARY AND THE PRISON BOARD.
The report of the Pri,;on Board, showing the working and disposition of the convicts of the State, as well as the receipts and expenditures of the Commission, will be laid before you at the present sesswn.
The felony convicts at the present time amount to :3,582. These are being worked on the chaingangs of the counties and upon the Prison Farm at _'.\f illedgeville.
THE HEFORMATORY FOR Born.
This prison is loc11ted on the Prison Farm, and is a part of the penitentiary system.
A very important addition has hePn made to the main hnilding, a new story having been added and the whole :c;trneture made fire-proof. This was very much needed, as there is no doubt of the fact that great danger existed to those who were sent to the prison.
p ARDON BOARD.
In 1897, the Legislature C'stahlished what is known as a Prison Commission, consisting of three
30

persons, charged with the control and management of the penitentiary system of the State.
All convicts, except municipal or city convicts, are turned over to the care of these gentlemen, and the county chaingangs. rrhe Prison Farm, the Reformatory, and other agencies for managing and working the convicts of the State are under their supervision and direction.
In addition to the important work required of this Board, in this respect, the law constitutes it a Boanl of Pardons, to which all applications for Executive clemency must be referred before the same can come to the Governor. Such provision is dis tinctly authorized by the Constitution and, under the words of the statute, the Governor has no legal authority to act on applications for clemency until the Board has first considered the same.
Unfortunately the recommendations of the Board possess no legal value. The Governor can follow them or disregarcl them as he sees fit. There is not even provision requiring this Board to collect the evidence, prepare and digest it, and put it into proper shape for consideration by the Governor. No time whatever is saved by the applications to this Board.
I earnestly recommend that some method of procedure be outlined so that the Board's work can be made available. It might even be advisable that the Constitution be amended, giving due effect to the ac-tions of the Board. Some such step should he taken, or the law so amended as to exempt the Board from passing on the questions involved in ap-
:-n

yJlications for clemency and confining its duties merely to the collecting of evidence and the presentation of questions necessary for the purpose of reaching a safe conclusion 011 all these applications.
'rlie matter of parole should be left entirely to the Board.
Many other States have long since foun<l that a Pardon Board can lighten the work of the Governor':-; office very materially, proviued its recomnwncbtions or decisions earry proper weight with tliem.
,\bout one-third of the Governor's time is taken np with these clemency cases, anJ almost every one, whether favorably or unfavorably ret:ommemleJ, is argued before him.
If the General Assembly were not averse to the creation of new offices, I would strongly recommend tliat the Prison Commission be relieved of all <luty concerning clemeney to prisoners an<l that a Board of three experieneed persons skilled in the law be appointed, ehargeJ. with the duty of passing on all ap1ilications for pardon and making a final decision tlwrein. It is believed that the expense of such a Board wonl<l not exceed ten thousand dollars per annum, aml the work of the Board woukl probably save to the State, every year, much more than the eost of maintenance.
Since assuming the clnties of offiec, I have passed a<lvPrsc-ly or fnvornlil~- nrion ~fi~ applfrations for elcrncncy. There are now pending in the Executive Ofiicc :2:25 applications, of which 1:18 were fayorably recommernled, nnd all of whiC'h, owing to the duties of the oflie0, T lmn' hPPn nnahl0 to consid0r ancl clPt0rmine.

If the Legislature will provide for the prorating of the fine in cases where an alternative sentence has been imposed, it will materially lessen the number of applications. As the law stands at present, should a man be senteneed to pay a fine of $100.00 or serve twelve months in the chaingang, and, after serving six months, find that he can arrange to pay one-half his fine, his only remedy is to apply to the Governor for a commutation of his sentence to the fine. He cannot serve a part of his sentence and get credit for it upon his fine. I would recommend some provision for the prorating of fines in such cases.
OTHER IMPROVEMENTS AT STATE FARM.
The report of the Commission shows that the wing which was proposed to the main building has been practically completed. Four cells have been built, two for white and two for colored. The system of sewerage is well on the way, most of the piping having been laid, the deep -well, for water, is being sunk, and all the work is going forward as rapidly as practicable, as it is being done with convict labor.
The health of the prisoners is in comparatively good condition.
It is the belief of the Prison Commission that the misdemeanor convicts should be under their control, just as felony convicts, so that they might be distributed, if found necessary. To do this, it would be necessary to amend Section 1065 of the Penal Code.
Drug addicts ougbt not to be sent to the Prison

B'arrn, and it is suppose(l will not he s0nt there hereafter.
The Commission askR n slight a<ldition to the maintenance furnl to pay for electri<' lights and power needPd in the ntrious buildings on the farm.
TNSANE CoNYICTs.
I would es1weially urge some anwndnwnt making prnvision for tlie disprn;,ition of eonvicts who heeorne insane or mentally derange(l after convietion. Under our present law, only in capital cases can the Governor apvoint a commission to inquire into th< mental comlition of a eonvictP<l party, and, then, have such 11arty n!moved to tlw as~'lurn.
The county eamps arc helpless wl1ere a convid loses his mind, and their only remedy is to confirn~ him in the eounty jail arnl apply to the Go,,ernor for a commutation of his sentPnce, in order that a writ of lunaey may be triP<l out. A simple amendnwnt should be passe(l, provi(ling for a commission of physicians to inqnin1 into the sanity of those conviete(l of crimes of less ;ra(k, as well as those guilty of ca11ital felonies.
LYNCH-LAW.
A great deal has appeare(l in the public prints reeently on the suhjPct of lynch-law.
Georgia lias obtained :m unfortunate prominence in the <liscussion that has taken place.
The ki]ljng of a human lwing without thu sanction of law or t]1p anthorit~, of the conrts is alwa~rs a serious matter, arnl, if thP eyent is lH'ought ahout by

the work of the moh, th(~l'e is great danger that the aet will be repeated, especially if the persons who
constituted the mob arc never brought to justice.
One such act is more than apt to give rise to others. Lynch-law is a reli( of harharism. ]t was used
in tl1e ParliPr days of the Rt>p11hlic and in the distant \rest hPfore the lavn; had he<'n l'nacte<1 and put info operation. \\'hen the situation improved and government was set up, a respect for law resulted, and the -work of the mob lH!cauie less frequent.
l\loh-la\\- shoulr1 m!ver be allowed to talrn the place of statut(~ law in any c.omrnlmity, and tl1ne can he no 1rnfety to life, lilwl'ty or prop0rty, until this faet is fully recogniz:ed liy our people.
In our Ntate, the pren1lcme of lynching is due largely I believe to an on'r-grnwth of race lH"ejndice.
1Yhile I am eonfidl'11t that the people of otlwr Ntat(s, if placed in the same situation with our peoplP, wonl<1 ad in the main ,is tlwy do, yd it is no1w tht less reprehensible arnl gr0atly to he deplorP<l. \Ylwn some great crime has heen committe<l, involving the erossing of the line between the two races, and the moh starts to avenge it, there is praetieally a declaration of war. l\fpn lay aside all personal fear, and, seizing arms, march together as in the (lay of genuine hattlc. Human lifr, fll'O]lt>rty rights, reganl for self~all of thes0 are Jost sight of in tl1P presence of the awful purpose whieh burns nrn1 boils and roars in the caldron of souls of the conspirators
'rhe remedy for all this is, of courRe, ohedienec to law. This would 1nevPnt the erimPs that lr:H1 to lynehings. The better a<1justment of the relation he-
:35

tween the negro and the white man is much to be desired. If liquor could be kept from both racesbut more especia1ly from the colored race-ther1) would be less danger of the crimes which lead to lynching. The race antagonism develops fast when fed from sueh a source, and the natural antagonism of the races leads to an uncontrollable raee war, growing out of the disregard of law. Jn the old system, the jury trials were even had in the presence of the murdered victim, and the slayer was forced to look upon the work of his hand while the jury deliberated on his crime. The punishment that followed was swift, eertain, inexorahle. This was necessary in the earlier days, and it is the secret belief of many of the thinking people in our community that the certainty and severity and swiftness of tlw 1mnishment is the only way to deter ,from crime now, as in times when men were semi-civilized.
It has hcen reeornmendcd that tlwre should be reform in our crimina1 procedure, so as to command more respect and strike more terror to the hearts of those who look upon the result of criminal trials.
I respectfully ask of the Legislature a .careful consideration of the subject at the Jfft~sent session and the shaping of such additional legislation as may be necessary to bring about a complete cessation of the lynching evil in our land.
It has been contended that the exercise of the pardoning power has something to do with the want of respect for our courts and juries. It may be so, hut it is still true that in one of our neighbormg States, the penitentiary was almost ex-
:rn

hausted by a former Governor, and yet there has been only one case of lynching per annum for several years in that State. There are some drastic laws on the statute books in South Carolina; in fact, a constitutional amendment was adopted, authorizing and requiring legislation to prevent such occurrences. Similar laws have heen enacted in other States and have been found to work with admirable success.
The matter deserves, as I hope it will receive, your most careful attention at the present session, in order to stop forever the criticisms that are heing made on our State.
FouR-YEAR T1rnl\I FOR GovERNOR AND STATE-HousE OFFICERS.
Since the amendment to the Constitution, adopted in Hl14-, giving to all county officers a term of four years, it would seem reasonable that a like provision be enacted in regard to the Governor and StateHouse Officers. The Legislature might be included in such provision also, without detriment to the public service.
The argument in favor of this !'lass of office holders is much stronger than that which applied to the county officers. Not only is the inconvenience of frequent elections ohviated, hut the four-year term would give more experience in the office and insure better attention to the business of the State. If the Governor is included in such a provision, he should he made ineligible to a second term until after a full term has elapsed. It is neither dignified
37

uor ex11edient that the Governor who wishes to :mccecd himself should he subjedecl to the strain of a canvass commeuce<l only six months, it may ue, after he ltas enterell upon the llisclrnrge of the duties of his office.
In every instamP, since lH7:.!, except two very recent cases, the people of Georgia have recognizr~<l
thiR fart, and tlw Goven10r has heen allowml to sne-
cced hirnsulf without !wing snbjeded to the troulill! and exvern,e of another l'mnpaign. lt is almost impossible for the innt11l11lnt of this higl1 offire to <liseharge his duties prnverly arnl etfodively, and \Yith au eye single to tlic lwst inkred of the 8tatr,, wl1ile he is undergoing the strain and exertion of a <'ampaign against his oppomnts for rn-election. His every act, in sueh eases, w_ill lJe sulijedeu to the keenest critiei:-;m, ancl, in many in:-;tance:-;, rnarle tlte subject of virulent almse. Very few publie servant:,.; can ad with equanimity whPn they know their eonduct may he~ <listoril-rl liy their comJH~titors in tlw campaign, tlwir motives irnpug1wd, and tlwir judgment im1ieache<l-all for political pnrpoHl'S. 8ueh n state of affairs c,ncomagr:-; <lernngoguery instea<l of statl'SmanRhip, arnl ass111cdly <lol's not make for good g-overnment.
rrliere has been some rliffir'.ulty herdofore in the eolledion of the inlwritnnce tax, prnvided for in the Act approved Aug-uRt HJ, l!n:3'.
~o one seems to h<:! <liredly eharg'l~<l with the lluty
of looking after the smne.

Jn this co1rncetion, I thought it ,,,e]I to ask tliP rrax Commissioller to take the matter up, aml en terecl into an arra1Jgerne1Jt with l1im hy which Ill' agreed to look after all these collections. }lany estates have been dist1ilmted without the 1iayme1Jt of the tax, i1rns11nHh as it was tlw business of no orw to attend to the same.
In one of the largest rases-tliat of tl1e Hon. James J\l. Smith, who re<'ently diPd in Oglet.hoqie County-the collection of the tax, prolmhly over $100,000.00, has befm held np by the aetion of the Unik<l ~:Hates Conrt at J\laeon. A very heavy litigation began in tlmt court over the estate, and the <listrid judgn, who presided, after a protrn('ted ]waring, <mjoi1wd all action in the Court of Ordinary of OglPthorpe County, concerning tlH estat(!, on account of ctirtain irn~gularities allt~ged to have occmTe<l in the appointment of tlw administrators. I Iis adion m)<'<!ssarily ddayed tlw eollertiou of the 8tate's dnim, which, to say the least of it, was rather "unusual." Dut the matter is now pending before the Court of"'\1ipeals, in Atlanta, and a deeision i8 exJH~d<Hl in Octoi><~r. }foantime, that court :-;d asi<le the restridive onlcr pa:-;secl hy the distrid jndg<, and it is lio1ie<l tliat tlw prn<cediugs in the Onlinai-y 's Court, to 11x tlie amount of the bx iu onlPr to 8<'<'111e tlw pnyment of the sanw \\'ill hP nllmvPd to go fonvanl in the onlinary way.
TAXATTOX OF COLLEGE gNllOWl\TENTS.
1\ t the ~llllllll<'l' session of your hod~r, an amernllll('llt to tlw ( 'onstitnt.ion passPd thP SP11at< by the

necessary two-thirds majority, but failed in the House by some four votes. Notice of a motion to reconsider was given and the matter will probably eome before you at the present session.
I most earnestly advise the passage of this measure, in order that it may be submitted to the people. It has been carefully drawn, guarding the State's interests at every important point, and its passage is an act of justice to this elass of property that the State has been slow to grant.
The State ought to eneourage investments in property for the eduration of her people. Denominations engaged in t'dncation are entitled to this much reeognition, it would seem, on the part of the government. Amidst the present splendid advance no note of diseord ought to be heard.
ExPE,'ISES OF CANDIDATES.
I again call your attention to the heavy expense neeessary to carrying on a eampaign for election in this State. These expenses have grown so onerous
that only a f1woretl few ean afford to run for an
office of prorninenee in the State.
A bill was p1'epared and introduced in the Senate to remedy this evil so as to make it possible for some of those not favored with any large amount of this world's resources to run for some of the offiees that become vacant from time to time in our system. This hill passed the Senate and is now pending in the House. I trust that it will receive your early attention, so that the crying evil may be remedied as speedily as practieable.
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LABOR LEGISLATION.
The attention of the General Assembly is called to the bills pending in the present Legislature intended to give relief to the labor situation of the State. These bills include the measure for the appointment of Inspectors of Factories, so as to insure a compliance with the law touching child labor, and, also, the semi-monthly payment of wages by corporations to their employees.
These measures arc believed to be very meritorious, and ought not to meet any opposition in their passage.
The Executive Department, so far as the employees under the Keeper of Public Buildings and Grounds are concerned, has adopted the method of semi-monthly payments with great advantage to the force. It tends to relieve the necessities of the employees and insures better work, because it is done with less distraction.
MARRIAGE AND DIYORCE.
Considerable investigation has been made of tlw laws of Georgia existing at the present time touching marriage and divorce. It has been claimed that the steps necessary to secure marriage licenses arnl the report of t'he marriage, nee<l considerable attention, so as to render more certain the enforcement of the law touching such matters. The multiplication of divorces, and, the readiness with which these are> granted in our courts today, has become a subject matter of much discussion among the thinking people of the State.
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l co11111w11d the :-mhjPct to your co11,sidPration mHl
tnrnt that in yonr -wisdom you will enrefully look into the sanw and see ,Yhethcr any kgislation is ncccssary
to conform such proceedings to the better sense of
the people.
One of the suniving features of tlw rigid ('tonomy of the Constitution of 1877 is fouml in Articlu 5, SC'ction 2, Paragraph :2, of that instnuuent, Hxing the salary of the Treasun~r of the ~-ltate at a iigmc '' not to cxceerl $:2,000.00 per annum.'' 'rhe derilal expenses of l1is dP1mrtmc>11t arc> Ii 1uifrd to $1,liOO.OU 1wr annum. 111 order to cinumnnt tlw Com,titntion all(l to give to the Tnasurer a little better salary and a ell~rieal force that c,111 attrrnl to his office tlw LPgislature has rnallC' him the Bank Examiner and gin_n him an office foree \Yhid1 apprnad1es to that rcquirccl for trnnsadiug the 'l'reasnrer's business.
This ofliee is 011e of gTcat importance in tltc g<w-
Prnmlnt, as \\l~l1 to Lq.?;islaton, as to all other IJC>l'-
Elons conncdC'd with tlt(' CiYil l~stahlislunent, or with any of tl1e <lc>partnwnts. rr1w work that the in" n1111lwnt -was nqnil'C'll to <lo <luring the 1iast y<>m, lt,irnlling nearl) $11,000,()0().00, making PntriPs and k<eping l'lw<k 011 all the otlil'r dcpartrnPnts, l'anying n holl(I of $:.!00,000.00 \\'ith a lt<!aYy CX]H'11se in paying the JH'<rniurn for the sauw, arnl 11n<l<>1 tlw lH'l'<'Ssit,\T of making a car<'fnl :iecmmting of pyery dollal" that eomes into his hml<l~wonl<l lw worth in an oJ"dinary institution, more tlrnn $fi,OOO, alonc~arnl, yd, he ,Yas rcstrictc<l to the slender Jlittanec of $:2,000.00.

The duties of the Bank ]i"Jxamincr arc very exaeting; also excee<lingly important, arnl I believe the office force for the two should he separate and kept so. I have no patience with the tffort marle by the Legislature from time to time to cil'enrnnmt the Constitution hy piling other (111ti<-s on a co11stitutional officer. rrhe salary shonl<l he sn/'fieient for the work whieh he <loes, an(l any other -''Ork, it wonl<l s0em, should he clone urnfor the diredion of a different bureau.
These suggestions arc made not in any way as a reflection upon the nhle and <listinguished offieer who fills this phte0, lmt only for the sake of the fnture and aR an net of jnstir0 to any incmnl10nt of that offiee.
RTATE LIBRARY.
The Lihrnrian has called attention to the large supply of hooks on harnl in the hasement, same <omposing about 100,000 volumPs, valm<l at approximately $150,000.00.
There is no complr!tn inventory of thesP hooks arnl the Librarian asks for an appropriation to JH'oemp lielp in making a eomplete invmtory of all hooks kPpt on lwrnl for s:ile. The GenPrnl J\ssemhly ean rPa<lily sec the n0eessity for sneh inventory.
J\fy attention is also calle<l to the rnt>tl10<l of lrnving Georgia Reports reprinted. Code Seetion 18:i rnoyi(les that when the Lihrarian finds that any issue of the Heports on hand numlwrs less than twenty-five volumcR, tlie Governor Rlrnll, npon notice, have fiye lmrnlre<l copioR strnek off. ::\[any times these
hooks nre pnhliRhc<l in lots of rioo when in fact fifty
or O1w lnm<lre,1 wonl<l answer eycry purpose for sev-
43

eral years. Ever~, time the full number of 500 volumes is run off, it costs the State $512.50. This is entirely too important a matter to overlook, in view of the fact that our printing furnl is already laboring under a deficit of some six or seven thousand dollars. I recommend that an amendment be passed to Section 185 allowing the Governor to have only such number of the Reports published, as in his discretion he finds is needed, not exceeding 500.
GEOLOGICAL DEPARTMENT.
It is very encouraging to note the assertions of the State Geologist that along many lines the State has never experienced such great activity in the development of its mineral wealth as it has <luring the past year.
The head of the <lepai'tment calls attention to a statement of the }\fajor-General of the United States Army to the effect that he is greatly handicapped in connection with plans for the defense of our coast, by the absence of suitable detail maps in South Carolina, Florida and Georgia. The matter of the making of topographical maps would naturally fall under the supervision of this department.
The State Geologist has taken the matter up with the Director of the United States Geological Survey, and has been advised that the government has such maps for less than 35 per cent. of the area of the State; but that the Federal Government is in position to place at the disposal of the proper authorities in making such maps, any sum up to $20,000 annually, provided such amount is met with a like appro-
44

priation from the State. In other words, the F'ederal Government will put in one dollar for every dollar appropriated by the State of Georgia.
Such maps are highly important, not only for military purposes, but from a commercial standpoint as well. I would be exceedingly glad if our General Assembly could devise some means for raising the revenue for such an appropriation.
At the quarterly meeting of the Advisory Board, in March, HH6, the State Geologist made a report on the subjeet of draining waste_ lands in Georgia. It was stated therein that one-fourteenth of the area of Georgia lands is in 1wed of drainage in order to be re-claimed for proper eultivation.
The Board approved of the proposal by the Geologist that further survey of drainage lands should be made. At the .June meeting of the Board, the Geologist reported that the entire State had been covered for this purpose and that a great deal of interest is being manifested in this subject. Tlw result of this survey will be published in a bulletin and it is confidently believed that a very valuable work will be acromplished in this way.
COMPILER OF RECORDS.
The Compiler of Reeonls calls my attention to the faet that the State of \Yisconsin, on the! Canadian border line, riossesses more books pertaining to Georgia's history than Georgia ean boast in all her libraries combined, besides owning many important documents and manuscripts relating to this State. He recommends that the Legislature take some steps
45

looking toward the rstablislring of a permanent Department of ""' rehives and History.
I think it would he well for tlw General Assemhl:-,' to take under consi(1eration the matter of the preservation of our ok1 documents. T esteem greatly the ndne of such reeon1s arn1 am heartily in favor of preserving them; lw,\'(!Vcr, [ won1<1 he glnd if some more economic mctho<1 eon1<1 he <fovised.
The pnblishing of Colonial HPconls has cost the State already approximately scvent>T-eight tlwusarn1 dollars, and the returns from the sale of sneh records amounts to only about $:2,500.
GAME AND F1su lhPARTl\rn~T.
The report of the State Game arn1 Fish Commissio1wr will he plaee<l before your ho(1y. There arP
a nurnlier of \TtffY irnportnnt matters calle<l to th<'
attention of the G0Yt:n10r nrnl the General .Asscmbl:-,in this rPport arnl I comnwud it to your eonsi<leration.
l,'rom the report it would sePrn that you are to lie eongratnlated upon the result of the law which yon riasRed at the extraonlirn1r>T session approvNl NoY<'rnher :27, 1915.
rl'he protPction whieh was affor<le<1 tlw eoast fish eries nnd tlw n~-adjustrnent of tlw orwn season n'su1ted in V<'l'>T large incrPases in the shrimp arn1 prawn industries arn1 a<l<k<1 greatly to the 1nosperi-
t>T of the peoplP in those eommunities.
SUPREME COURT CONGESTION.
Our higlwst eonrts-the Supreme Court aml tlw Court of .Appeals-arP still greatly eongpste<l with
46

business. ,At ead1 sess1011 it lwl'omes more difficn lt for the judges to 1nevent eiu;c-s from becoming affirmed by law. Some relief ought to be given these tribunals.
The lawyers of th0 State aml the bar ast:ioeiations have all suggestf!d r0111edies for this trouble.
r:L'he delays in the Supn'nie Court, especially, oftentinws amount to a practical (knial of justice. Litigants forget their eases before tlHy are detided.
The judges of the;e;e courts ought to be paid very mneh larger salari(s than that which tlwy now n~l"l'eeive, in viE!W of the work the:- do.
Some more stringent rPgulation sl1onld he ,idopted hy tlw Legislature m, to tl1e -writing ont and puhlication of opinions. J\lueh time migl1t he san-'d if the methods followed in other States were more largely adopted, viz.: A men hea<l-note> de<'ision in most of the ('aSE!s, to he rendcre<l within sa~- fifteen rla~-s after the argument is ha(l. Some mistakes might he made>, hut tlw dispatch of business would have its <'ompensation.
Pirnsrnm-; FOR Otrit 0Ln Soi,nrnns.
-While the (lprn~rnl ~\ssernl>ly at the n'cent session made some progress towards gfring assistanl'e to the surviving soldiers of the Confederate -War, yet the result falls far short of what this dass of citizens (leserYes at the hanrls of the State. The ten per cent. raise that goes into operation in 11117 will he much appreciated b:- them, lmt it is much to he regretted
that it di(l not begin at an earlier elate. In faet, I ,,011hl be glad to see special authority given for a
--1-7

tax to pay these pensioners, to be separately levied and collected in an amount sufficient to pay at least twice what they are now receiving. 'l'hey are dying fast, but they still constitute a most Btriking and most interesting part of our citizenship. rrhe pre:-,ent generation owes these men this much, not only on account of the example of chivalry and bravery that they gave to their descendants in the war of 1861-1865, hut because of their steady adherence to principle and their unchanging conservatism in conduct, since then, making them a safe pattern for the young; wherever they appear.
The Pension Commissioner has handed me a report, in which he says that, in making his estimate for the pensions of 1916, he made a considerable error of judgment, putting the figures far below the actual results. He is under the impression that the legislation, known as the Dart Bill, passed at the recent session of your body, by which the annual pensions were increased ten per cent. as stated above, stimulated and excited a desire on the part of many of the old soldiers to get on the pension roll, and the consequence was that, when he had gone over the applications that ,nre filed and allowed for 10Hi, he found 856 new applications. BPsides this 45 applications were entitled to an increase each of $10.00, and 36 applications for totally blind pensionprs, who were entitled to $40.00 were filed, making a total of $53,250 in excess of the estimate which he sent to the L0gislature at its summer session.
Owing to the fact that considerable sums came hack to tlw Pension Office, on account of deaths ancl

other results, the Commissioner finds that he has a balance on the appropriation of 1916 yet left amount-
ing to $19,684.00. If this amount is subtracted from
the increase on the pension rolls, the total deficit will be found to be only $3'3,544.00 for 1!)16. On the same percentage of increase, the rolls for 1917 will require Rome $225,000.00.
These old men are entitled to this money-they have earned it by exposure, hardship of camp life, and the dangern of battle. They have served their country well, and, in their old age, are entitled to its benevolence. I ask you to take up their case and consider well what rt:'medy you can supply.
STATE BOARD OF HEALTH.
The PreRid0nt of the Georgia State Boanl of Health has rec(ntly <liseusst>d in the public press the
financial value of the Board to the State, arnl the
nee<ls of the Board at prest>nt. No doubt the memberR of the General Assemhly are familiar with the points made.
The present annual appropriation for the department is $30,500. Thi8 amount is appropriated for the maintenance of the department and '' to provide free serum treatment for the prevt>ntion of hydrophobia, diphtheria, typhoid fever, meningitis, 8ma11pox and tuberculosi8; free analyRis of the public and private drinking water, free bacteriological examinations for comm1mieahle diReases," etc.
By the practice of economy, the department has managed to build from its appropriation during the past few years a laboratory valued at $30,500.
49

The~ Pret-;irlent of the Boanl has figlll'P<l the sPrvices of the clcpart11wnt to tlw State at large, mHl shows that tl1e 8crvi<'es rernlered <luring the year 1~)15 saw<l the citizens of Georgia no~ less than $D7,.J:34.50 in actual cash. In other words thc> "ork clone hy the de1iartrnent free of chaige to the citizen-; would have cost tlwm ow1 $D7,-1:~-l-.50.
The department ah;o canied along with this work a seri08 of educational 1rnlldi1rn and lectures of great worth to the citizens.
rl'he PresidPnt of the Board especially calls at-
tention to the fact that the L(gislatme ha8 not yet a1lpropriatecl any fnrn1s for placing in oywration the Yital Statistics Law whieh was intrndueed b~- Dr. L. C. AllPn in 1914-, and passP<l hy the~ Lc~gislatun. '' A goocl Vital Statisti<'s La,v, covering not only the ]Jirtb arnl <1Path rates of tlw StatP, hut also reeording the muncrieal prev,1lemc, and loeal cxistenee of prevtmtahlP cliR<:>ascs" would, as the President points out, he of incalculable valu<'.
Tlw President of tlw Boa)'( l and its Sucretar~ havt~ mac1e a study of the operation of such laws in other States arnl inform me that this work coul<l he c,1rried on urn1Pr the present law 1irovick<l tlwy ean SE'etuc an appropriation of $15,000.00 annually.
The President of the Board also calls attPntion to the fact that no appropriation was made for tlw estahlislnneut of County and Dish-id Boanls of lfonlth as pnn-irle<l for in the --'\et of 1014.
I ,rnulcl also call the attPntion of th0 GPneral ,\ssernhly to the }ffC>sent salary of the Secretary of the Boanl. The salary of this officer was fixed in
50

1~)03 and is only $:2,000 per annum. The duties of the office have greatly inereased in work aml responsibility, arnl the Board is having difficulty in keeping the present Secretary at the small salary, and cannot seeure a competent man to fill his place at the amount tho Boim1 is allowed to offer. Consequently tho President of the Boanl earnestly recommends that the Legislature repeal tho law which names the salary of tho Seerotary of the Boanl and place the fixing of tho same in the Board, itself, to be paid out of the monies appropriate(l for the use of the Boanl. A slight increase in the appropriation might be necessary to carry out this plan.
'l'he attention of tlic- Cknc-ral Assembly is earnestly directe(l to this suhjeet.
The report of the 'rrnstees of the Georgia State Sanitarium will he lai(l before you. 1t shmvs that the white male (lepartment was last year filled praetieally to normal eapaeity, while tht! white female department and the two negro d<>partments eaeh had far more patients than the normal ca1rncity warranted. 'L1 he 'l'nrntePs ask for new huil(lings to relieve the presPnt situation arnl to 1novid(1 for tl1e graduall.v inereasing population of the institution and for the pnaetnwnt of eertain legislation intern1-P<l to aid in more effectually 1wrforming the ohjeets for whieh the institution was. founded.
The estimate(] cost of tho huildings rc(Jnested by the Board of Trnsteos is $:-i50,000, and tlw amount may he suppli0(1 as soon as the finanees of the Statt> will authorize the c~qwmliture.
51

I am requested to present for your consideration the following recommendations of the rrrustees:
1. Prohibit the commitment to the Sanitarium of epileptics not insane, of harmless paralytics, of senile imbeciles, of criminals, ancl of feeble-minde<l minors.
2. Make it a misdemeanor for any person in charge of a patient to abandon sai<l patient upon the Sanitarium grounds without the consent of the Superintendent or officer representing him.
3. Require that white female patients shall be accompanied to the Sanitarium by a white female attendant supplied by the county committing, or by some member of the patient's family.
4. Make the course of training in the Sanitarium Training School for Nurses three years instead of two as now provided.
5. Give the Trustees power to fix the salary of the Superintendent as in the case of other officers of the Sanitarium.
G. Make number of Trustees nine, terms six years, three to he appointed every two years.
7. Change name to Georgia State Hospital for the Insane.
It might be well that some legislation be enacted that will cause greater carp in committing for lunaey. Out of 1,G8;3 TIE!W patients received in 1915 there were 105 found not to he insane. Besides the exJJ(~nse to the State caused by these careless commitments, there is a serious damage done to the patient by the error that should be guarded against.
52

LOCAL LEGISLATION.
About nine-tenths of the time of each session of the Legislature is devoted to the passage of local legislation. This legislation is important only to the community or special locality to which it applies. Under the rule of courtesy that obtains in the Legislature, the passage of these local measures is committed entirely to the immediate representativesthe member of the Senate, representing the district, and the member of the House, representing the county.
Unless there is some matter contravening the Constitution or affecting the public policy of the State, -very few members of the House or Senate would attempt to interfere with the work of the immediate Representatives in these matters.
For some time it has been thought -well to work out a plan by whieh the local legislation could he remitted to some other tribunal than tlw legislative bodies. The Superior Courts aet in a legislative rapacity in passing or granting charters. Tt is lwlieved that if the jurisdiction of the courts eonld lw extended so as to inelll(1e all matte1;s affrding tll(' county or loeality-in eontradistinction to matters affecti1wb the S- tnte at larob-e' -on-ivinoti the- m thP rig' ht tn prepare and pass on loeal questions of tl1is ehara<'ter, submitting them in conerete form to thP votPrs of the loeality affected hy the same, in tl10se casr-s where such submission is thought proper, tlir- grPat expense of the legislativ(' sessions coul<1 lw mah>rially redured and -a mueh more satisfadory basis reaehed than that which exists today in the prevail-
53

ing courtesy system of the Legislature. If the time taken up on local legislation can be utilized for State business, there will be much better work <lone in every respect by the Legislature; more time can be given to Jiscus::;ion, anll tlie general result ought to be much better fo1 the people of the whole Stnte. The necessity for yearly sessions of the Legislahm\ cxi::;ts only, if at all, because of the pressm'(\ for Iocal legislation.
If tlie system suggested could be inaugurated, there would be no longer need for yearly sessions of the Legislature, for it could attend to all the business and meet biennially. ln this "Tay, a great dea I of the criticism of the body could be avoided and, J>ossibly, the State -would reap consillerable advantage, as well from the expense saved as from the nature of the legislation whid1 coul(l lw pl'epared arnl passed.
l\fany States are falling into the irfoa of himmin I ::;Pssiou. In some States, the Legislature's meeting:-; an~ four years apart. A happy medium would lie to have a nrneting every two years, in order to examine into the various departments of the govf~rnment, pass the lPgislation rncPssary for tlw wliol<) Ntat<, arnl provide the mean:-; for rarrying 011 tlw government effieicmtly arnl Peonomically.
I earnestly urgt:: that this matter receive your consideration at this session aml, if you shall dPPm it sufficiently iinportant, that a eon:-;titutional amernlrnent be prepared to eany into effect the measure indirate<l, and that it he Rnbmittf'd to the people at the next general elef'tion.
54

~\!though ev<ry Jrnr-;irnr-;r-; house of any comwquen('c in the State, every law office that keeps ahreast of the times, arn1 nearly every county office in the State liave dis('ardcd the ol(l method of writing records and docunwnts in long hancl and installed the typewrihr, yet our Ge1wral ,\f;semhly has held to the old idea and still has its engrossing and enrolling elcrks toiling a,rny, writing with vcn and ink the future laws of onr State.
The type,n-iter woul<l SL'l'lll to he mueh more at'<urafo than tlw long-hand and insure a printed copy of the lawr-; approaelting more ll(arly to what the L<'gii-;bture ha<l n~a Ily <1011< tlwn to liave the printer try to dceiplier tlw long-hand writing of various rlerks.
The prndieal cliffin1lty of rea<ling a large nnmlwr of hills writtPn in long-linrnl in the five days allowed to the Governor is anotlwr reason wh~- it would seem well to employ thP typewriter. A great dPal of 1wrvous energy is wnste(l in the <--ffort to nrnlPrstaml tlw nwaning of man~: provisiorn; of the Aets which the Governor is rcquire(l to nvis< aml sign.
It has lHen sngg<~ste,1 alim that tht! matter of
spa('<' sl1ould be consi<ltrc<I, for tlw typP,,riter would not pnsent :-o lmlky an ap1waramP nor fill up so lllll('h of tlw filing spnce allowed to tl1es(i math-rs.
,\ joint nsolution woul<l carry ont tlw snggC>stion lHrein ma(le, and woul<l rC>lieve the (;]prk of th<' Hons<' arnl Recrdnr_\- of the R<'nate of a great (leal of nnmeei-;sar,\ labor nrnl trouble, though t1w eost might not be materially changed.

HIGHWAY COMMISSION.
The perfecting, at your recent extraordinary sesRion of the automobile tax measurn, will bring to the front more prominently the subject of a Highway Commission.
Under the law taxing moto1 vehicles, something over $100,000.00 will doubtless be distributed to the several eounties, for the puq)Ose of aiding in the repair of public highways. A portion of this money might be applied by some centra1 board of authority having the power to regulate or direct the working of the roads. The sooner a uniform system is adopted as to these improvements the better will he the condition of the State in the matter of good roads.
Several hills are pernling in the Legislature on the subject, and I most oanwstly recommend that the General Assembly give its attention to perfecting and passing some one of these measures, so as to meet the crying demand of the State. There is no way of estimating tho importance of this subject to our people.
DRUG ~.\DDICTS.
The appropriation to the Board of Health, contained in the General ""-\ ppro1iriation "'\ct passed at your extraordinary session is being used in the treatmpnt of this unfortunate class. It was thought
best to have these patients treated at the ,arious
hospitals in the Congressional Districts, and the matter is in charge of tho member of the board fr0111 each district.
3G

The difficulty of securing admission into the establishe(l hospitals compelled, however, the sending of the patients to one or two central points, where they are being treated.
STATE vVAREHOUSE Sn,TEM.
The committee appointed to draft a bill on this subject at the extraordinary session will doubtless report the result at your present meeting.
The subject it-i one whieh should command the sincerest interest and most eareful attention of the Ge1wral Assembly. The farm(~rs urgently need this help. It will not be confined to the proprietor or landlord alone. Tt takes into its scope the tenant class, also, arnl, if the bill should he 1n-operly framed, will bring rPlief to both, so that the land owner and the tenant may not be left at the mercy of the commission mnchant or foreed to (lispose of the products of his farm at unremunerative prices. It is said that some thirty-four Stat{s have already adopted sueh a system, and it would sPem to he high time for the Legislatnrt of this great agricultural commonwealth to come to the relief of those of its citizens so greatly in nN!d of the same.
I trust your deliht~rations will eventuate in tlw production of a nwasnre adapted to the needs of the lffesent situation.
TORRENS LAND TITLE SYSTEM.
A commission was appointC>d at a former session of the Legislature to prepare a hill embodying the best method of canying out the work of simplifying and perfecting our land titles in the State.
57

The intention was to pro-..ic1e a machinery h:, which the title to any real estatc might he mncle ahsolute and C(~rtain liy sdtling arn1 1Hljusting, under appropriate legal proeePclings, all claims, liens, or eonflicting titlPs to tlie ]ll'OpPrty, so as to foreYPJ' set at rPst tlw (jUPstion of ownership.
This hill was introduced at your snmnH>r s0ssion, arnl is now 1wrnling in the Honse.
I rall your att0ntion to the snbjPet; lwrause it may become important in the perfeeting of tlw Nntional Rural Cre(lit System, internle<l to gin1 help to our farmers arnl the owners of r0a l 0stat0 thronghont the Common\\T0altl1.
\rcry littlP lwrnfit can acrrne from the Congressional Aet on Rural Credits without some su<'h s_rntem.
}'l,fany States haYe found reliPf in the adoption of some system like that whieh is imliC'nfo<l, and it ,vould he well if the Legislature wonld consider the same carefull~\ in ord0r that the measure may li0 effPrti-..e arnl the relief songht may he affonlecl the people.
Frni,: INSURANCE.
Section 147 of thP C0<h' of l!l10 makes it the <lnty of thc Gonrnor to insure certain lmil<lings of tlw State at one-half valu0, lmt makes no provision for contents.
If it is the policy of tlw State to have the insnrnnce companiPs carry one-half the risk on the lmil<lings, it would sPem to lw wise to <'O\'er tlw ro11tc--nts at least to thP sanw extent.
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I have heretofore call(!d your atkntion to tlw fact that the Capitol Building earries no insurance upon it. J\ly pndecessors did not see fit to have it insured, as it w,1s 1wlieved the Capitol Guard would make it secure. Tn J\lar('h of the presPnt year, ,1 poliey of hYenty-fin~ thousand (lo!lars was taken out upon tlrn bnildiug, hut this is t-:o much below fifty 1icr ('ent of it:-; real value that the insurance companies are threakning to cmwel the same.
I would lie gl,Hl to have aetion hy the G-eneral ~--\ssernbly, either exempting the Capitol Building from the operation of this law, or specifically requiring this insunrncP. Three srnall fires have O('cmTed in the Capitol t-:ince my imrnguration; the first in Septemlwr, rn1 t>; tlw next in .January, 1!llG, and the last in .April, 1!)1 G. The los:-;e:-; aggregatPd ll's:-; tlrnn $1,000.00 in all three firPs, and wt>re covered hy the immranee alrea<ly canic<l. Followin: tlies(i fires, 1 seennd sp<'eial im,pedions by the State Wire J\larshal and by n1nesPntativPs of the fire insnrm1cc companiPs. Both the Fire l\larshal arnl the fin! i11surance representatins have ncomrnen<fo<l that a sprinkler system lie installPd in the huilding, that the electrical wiring tl1ronghout the Capitol he thoroughly on!rhauh!d arnl modernized, and that the \\'ooden partitions iu th(' lmsement be either remove<l and replaeed with fire-resisting materials; or the hasPrnent ahanclonecl as the l)]ace of storage of doeunwnts and other inflarnmahle materials. Other rPgulations wcre suggested, whi<'h are lieing canie(l out. Those cnumeratc<l, hmvcver, re<1uire expernlitures far lH,~yornl tlie appropriations

available; so they are referred to the General Assembly for such action as in your judgment seems wise.
COMPULSORY EDUCATION.
There are only two ~Hates in the Union-Georgia and :Mississippi-that have failed to enact some kind of compulsory attendance law in matters of education.
Last year 169,6:30 children in Georgia, of school age, did not attend school a single day. Georgia is fifth from the bottom of the States of the Union in the percentage of illiteraey among her inhabitants. This pereentage is :W.7. Only _Arizona, Louisiana, 1Iississippi aml South Carolina, have more persons ten years of age and upward who cannot read nnd ,vrite within their borders. -While the percentage
of negTo illiteracy in Georgia is :-rn.5, yet her white
illiteracy is 7.8. Tliis is above the general average of the whole Unite<l 8tates, ineluding white and eolored, and the white is "2.7 above the average illiteracy of that population.
To remove this reproach, our sister States~except Mississippi-have passed a compulsory education law.
Superintendent Brittain declares, in his report to the Legislature this year, that the reason Georgia has fallen behind in this reform is that, although normally democratic, education was actually aristocratic here until a recent period. It is true that a large class of our citizens-both lwfore and after the war-was opposed to the idea of common schools.
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\Vhile the first State University was established in Georgia and large means expended in building and opening academies, yet the idea of educating the people at the public expense had in it ' a flavor of pauperism" that the people did not like. Besides, it was felt that, to force the ehild against the parent;;' will to attend school, was an infringement on personal rights. It was believed, in these early days, that the church should do the edueating and not the State. All the progress of the age sinee the fournling of the CoJonies hae; not been sufficient to put these ideas out of the minds of many of our eitizens. But, above all, our people were held baek by reason of a fear of the result which compulsory education might have on the colored people. -\\'e have been eutting our noses off to spite our faces long enough, in this regard. Other States have solved the problem, and certainly Georgia can do likewise. Eduention elevates, eivilizes, tends to ehri;;tianize, and surely, therefore, to make better citizens, in a splfgoverning State.
I hope the present LPgislatnre will pass a Ia-w self-executing, so that the reproach of our Stat0 may soon be t,iken away and she ean reaeh the point in intelligenee to which her people are justly entitled to aspire.
There is a splendid bulletin issued in May, 1!:Jln, h.Y the University of Georgia, edited by Professor Harold D. Meyer, to which I respeetfully call the attention of the General Assembly. I understand that copies of this lmlletin have hccn sent lo each n1ernlcr of the body.
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1 wish, also, that the Legislature would adopt the suggestion of Superintell(1ent Britt,iin and authorize an illiteracy co1mnissioll, as was done in Kentucky and other States.
I h:we said there is a gTeat rcYiYal going on in Georgia in edncational matter,;. -:\la11y counties an preparing to celehrntc, with prop('!' display and ('erernony, the extindion of illiteracy within thc~ir hounds during tl1e pnse11t yt>ar.
If tlw Legislature would establish such a commissio11, a spirit of riYalry ('0111<1 lw (ngen<l<>red between tlw conntiPs, and it \\'onld not be long lwfon the poor <hildrcn living iu the country wonld lw placed on the sarne footing with the childr011 in tlrn <ity-(~very young hoy all(l girl woul<1 he giYen ,1 fair chance, arn1 illiterncy soon he entirely aholislrnd from our hounds. 'l'hc con1mission cn11l<1 den] with <>xisting corn1itions and hring to lH'ar the necessary pPrsnasion, sugg(stion and a<1monition, to proYid<\ instrndion for thos< heyond school ag<?, tPaching thPm the rudimentary elements of the common schools.
In thP report of Ruperint<>ll(!Pnt Brittain will he
found tlw draft of a bill to carry into op<rntion his idea of compulsory att(ll(1an<e, as ,nII as of m1 illiteracy commission. I ear11estly recommend tlw
same to .''our considPrntion.
Ha goo<l system of compulsory (<lncation can he
proYic1ed for the Stah, then it woul<1 h<> well to haw
the entire school la,n; ('0<1ifie<1, nvisPd and l'P111Tanged. J\lany ne<essar~ irnpr0Yet1Hnts should he m:Hle
to nwet the progrPss of tlw <la~', all(1 a thorough and

l'omplete code of the school laws should he published for the benefit of the school authorities throughout the Ntate. In this connedion, I think it ,rnuld he well for tltc Legislatme to inrrease the salary of tltc SuperiHtPn<1ent of Puhlie Srhools, for the little sum that he is now hPing paill-a survival of the economie ideas of those who made the (\rnstitution of 1877-is a rPf-leetion on thP good name alld' intPlligEmce of this State. It is only $~,000.0U-a very poor pay for a good elerk in thPse times. His duties and powers should he -widPnerl, so that he can take the plaee in our system that helongs to his offiec.
In ease a eompnlsory atturnlanec law should he passed, I cornm(n<1 to tlrn attPntion of the LPgislature the snggPstion of tlw Stafo SnperintPrnlent of Sehools roncerning the pnrehase arnl issue of free school hooks to tlw ehildr0n. As we foree the l'l1ildren of nee(ly parPnts into the sehools, it would seem right that tlw State itself should fnmish the hooks necessary for the instrndion re(111irecl. "\_ great deal is being sai(l throughout the State about the pro1Jriety of the State attempting to print her own school books. It might he advisable for th0 LPgislatnre at some future time to test this coursr> in order that the State may aseertain for itself ,Yhether .or not the eost eoul(l he lliminishecl whilr> maintaining the same quality of text-books now being use<l.
Bnt aside from all this, the matter of furnishing sehool hooks to those ,Yho arc unable to purehase the sanw is of great irnportancP in the earr_ving out of a compulsory atternlanc-e lmY, ancl I think a por-
63

tion of the money appropriated each year should he applied in supplying this necessary want. If the State appropriations for common schools could he properly supplemented by county taxation, it would not ht> long till the hopes of our educators, concerning the progress of our State, on these lines, would be abundantly realized. A constitutional provision would he necessary if this end is to be secured. Jt should fix a minimum, but leave it to the discretion of the <'Ounty authorities as to the rate in the levies.
APPROPRIATION FOR THE GEORGIA STATE FAIR
AssocIATION.
The president of the State Fair .Association has written a letter concerning an appropriation from the Treasury for certain purposes set forth in the ldter, which I ap1wml to this message.
.An appropriation direct to the Association might come in conflict with the Constitution, but the relief could be granted through tlie .Agricultural Department, if the Legislature thought fit to recognize the justiee of the claim. It might be made in this way, or in behalf of some agency working for the Agricultural Department. .A strong argument can be made in behalf of an appropriation of this character. It would be something in aid of the farming and manufacturing interests, and might result in great good to tht> State, as well as to the interests concerned.
The mattn is presented for your attention and for such action as you see fit to take.
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PROHIBITIOX LA ws.
The wry rigid statutes enacktl at the extraordinary session of the Legislature against the sale and manufacture of liquors have been in operation nearly two months witI1in the State. A marked result for the better has followed; bank deposits have largely increased in all the cities; the merchants
are selling more goods to customers; there is more
work in progress, and a general improvement has resulted in nearly all lines of business throughout the State.
The law is being well enforced, and there seems
to be a disposition to give the statutes a fair trial in
every locality. Both the municipal and State authorities have been very vigilant in detecting and arraigning the violators of this law, and the juries, so far, have sl10,,n a much greater disposition to convict the guilty offender than ever before. If this result should continue, the State will soon be redeemed from the reproach of lawlessness, for crime has been decreasing in every direction. The courts lmve had less business than was ever known in criminal circles.
Liquor drinking is the parent of crime and suffering. vYhatever lessens the former will decrease the off-spring.
The operation of the 10th and 11th Sections of the anti-shipping law places a great deal of work upon the Courts of Ordinary of the State, for which no compensation is provided.
I respectfully suggest that the la,v be amended so as to fix a suitable compensation for the Ordi-
65

naries of each county for filing the statement of each
shipment of intoxicating beverages required to be
placed in his office, under the provisions of the aforesaid Act. The compensation should be paid by the
carrier or other person whose duty it is to file the
same.
In addition to this amendment, the 16th and 17th
Sections of the same Act should receive your attention. By the provisions of the 16th Section it is made unlawful for any person to ship more than one gallon of vinous liquors, or six gallons of malt liquors, or two quarts of spirituous liquors, at one time. The word "or," under a rule of interpretation sometimes adopted, has been construed by men of undoubted legal experience, who were representing common carriers, to mean" and" so that the individual, it is contended, can ship at one time, or in one lot, all of the liquors mentioned in said section.
It was undoubtedly the purpose of the Legislature to restrict the shipment to only one class at a time, and, to make this certain, amendment should be im-
mediately prepared and adopted.
The amounts allowed to be shipped under this
section probably ought to be reduced. The first month, it has been stated, showed more than 80 per
cent. of the shipments were to colored people. I ask
your attention to this matter.
And now, in conclusion, I think the General As-
sembly is entitled to be congratulated on the passage
of the four prohibition laws that are now in operation in the State. In the inaugural address, as well as in the message that followed, I called your atten-
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tion to the fact that the law against the sale of in-
toxicants in Georgia had practically failed. The violations of it were so numerous and the prosecutions that were constantly resulting gave rise to a great unwillingness on the part of the jurors and the courts to punish the offenders under the same.
The people of Georgia believed that the prohibition law was entitled to a fair trial, and that it was not getting this under the statutes as they then stood.
Your body made diligent effort at the summer session to pass some of these laws, but, meeting with strenuous opposition, you resorted to the method of adjournment without the completion of your work, so as to compel an extra session. In doing so you, of course, trusted to the Executive, making him responsible for any failure after your great sacrifice.
The call was had, and prohibition was included, and, after a reasonable time, you were successful in the effort to pass the laws which were duly signed and are now upon the statute books.
The honor of Georgia is pledged for their enforcement, and the result has been all that could be reasonably expected up to the present time. The following reports ha,e been received from the municipal tribunals of the several cities where the former effort at enforcement had heen least successful. The result is given you in detail:
ATLANTA POLICE RECORDER.
1915. Total arrests for month of ::\Iay .......................... 1,309 1st to 24th ins. for month of ,June ........................ 1,167
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1916.

Total arrests for month of :\lay .......................... J ,:311 1st to 24th ins. for month of .Tune ........................ 1,135
The arrests for :\fay and June include 48H for offenses against the new traffic ordinances, which in dude "Jay 1\'alking" and similar Yiolations.

Drunks for :\lay, 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243

Drnnks for :\lay, 1916

.J nne 1st to 24th, inc.

177

June l st to 24th, inc.

COLUMBUS RECORDER'S COURT.

1915. Total arrests for months of :\lay 1st, to .Jnne 24th, inc ....... fl:35

1916.

Total arrests for months of :\fay 1st to June 24th, ine.

6:l'i'

Drunks, ~Tay 1st to .Tune 24th, inc., 191;3 . . . . . . . . . . . . . . . . . . ~"\0

Drunks, :\Iay 1st to .Tnne 24t'h, inc., 1916 .................. 1:n

AUGUSTA POLICE DOCKET.
1915. Total State cases from :\lay 1st to date . . . . . . . . . . . . . . . . . . . . 2HO Total city Yiolations :\lay 1st to date ...................... 1,4:,8
1916. Total State cases from :\Iay 1st to date . . . . . . . . . . . . . . . . . . . lfl8 Total city cases from :\Jay 1st to date . . . . . . . . . . . . . . . . . . . . GS.'i

l{oME REcoRDER's CouRT.
1915.
19, All offenses, ~fay 1st to June 14', inclusive ___ _
Ca~es due to drinking, 1fay 1st lo June inc.
1916.
Al1 offenses, :May 1st to June l'J ___________ _ 220 Cases due to drinking, ~fay 1st tJ .June 1;----- 38
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MAcox RECORDER'S CouRT.
1915. 115
May, disorderly ---------------------------- 132 June, 1st to 15th, drunk ____________________ _ 49 June, 1st to 15th, disorderly _________________ _ 59
191G. May, drunk -------------------------------- 19 May, disorderly ____________________________ G7 June, 1st to 15th, drunk _____________________ 20 June, 1st to 15th, clisonlerly _________________ 52
SAYA~KAH RECORDER'S COURT.
1915. Drunk or drunk and disorderly, 1Iay _________ ~)3 Disorderly concluct, ~fay ____________________ 255 Drunk or drunk and disorderly, J unc 1st to 20th 78
Disorderly conduct, June 1st to 20th __________ 248
191G. Drunk or drunk and (lison1erly, May __________ 15 Dison1erly eonduct, ~Ia: ____________________ 124
Drunk or drunk and clisordcr]y, June 1st to 20th 11
Di:c-orclerly conduct, .Tune ht to 20th __________ lOG
The reports from this city sbo\\ the number of arrests for all violations of city ordinances in 1913
amountecl to !105, and in 191G to 511, during tlw month of ~Iay; and from .Tune 1st to 20th, in 1915,
the total arrests were 84-1, and, in 191G, for the same period. the total arrests were 288.

rrhe total number of arrests for drunkenness or
disorderly conduct from .June 1st to .Tune 20th, in-
clusiYe, for the past three years are as follows: 1916,
26; 1915, 17',; 1914, 227. The mayor of SaYannah, in a Jetter to the Execu-
tiYe, says:
"It is interesting to note the number of arrests for drunkenness or drunkenness and disorderly conduct on Snllllays.
"For the perio<l ='.lay 1 to ,Tune :W, ine., the~ liaYe l,een for the three years as follo\\-s:
mm, 12; HJl.j, so; rn1.,1., ~w.
"In a considerable measure the arrests on Sundays resulting from drunkenness apvear due to the consumption of liquors outside of the rorporate limits of t11e rity.
'' One thing, I am sure, that will attract ~ronr nttention is the great falling off in the numher of arrests for all causes, including all ,-iolations of the Yarious cit~- ordinances that haYe not the remotest connection wit'.1 the sale or use of li<Juors. Frnm ='.Iay 1 to ,Tune 20, 1016, the total arrests "-ere 799, against 1,i4-6 for the same period of 191."i and 2,o:3:-3 for the same period of 1914-.
"I attrilmte this to the fact that the enforcement of the new State laws against liquor inevitably breeds respert for all other laws, whereas failure to enforce such 1a1's creates disrespect for other laws. The fact that from 1Iay 1 to June 20, with the police Yigi1ant in every direction, the number of arrests for eyer~- sort of offense \Yere less than forty per cent. of what they were two years ago and less than -!6 11er cent. of what they were lai-t year for the same period, is a
70

development of law enforcement ancl the effeets of the closing of saloons that cannot fail to impress itself on every thoughtful mind.''
The men of your body who stood up and fought for these laws will deserve to have their names carried in the future history of your State. So far as I am concerned, I woulcl be glacl if every one of you -those who opposecl as ,Yell as those who resisted the laws-should be return eel to the next Genern1 .Assembly. It would he a hap11:- thing if t11ere eonld he lJlaced in the archives or upon foe corners of the Capitol Building, cut in hronze and m1ul1le, ilw names of all the Legislators that sent th0se Jaws
ont as the offering which they gave to their con-
stituenh for virtue, for sobriety arnl eorn~ct Jiving. The liap11iness of millions of 11eople will hang on these laws for the future. They deserve to he carefnll:- triecl ancl sternly enforced. I can promise you that so long as I am in offire there shall no arnendnwnt be ma<le to them which I ran pre-vent. saYP to :e:trengtl1en them or more clirectly fit them for hringing about the condition that :-ou h:we intell(le<l liy their passage.
The man who denominates the probihition sentiment of our State as only ''hysteria," knmYs very Jittle of tlH circumstances or surroundings of the peo11le concerned, and certainly less of their tem11er or resolution.
The need for this legislation grmYs out of our social e1wirornnent. Two antagonistic races arP livin~ in tl1e South si(lP hy si<le, utterl:- separate arnl f1i-
7l

verse, with the strongest race prejudice that was ever developed in the history of the world-perhaps an irreconcilable prejudice-widespread and easily provoked to open hostility. One of these races, but lately emerged from barbarism, has longings that can never be gratified and hopes that can never be realized under existing circumstances in the American Nation.
Lic1uor arouses the dominant feeling of race hatred, deadens all sense of responsibility-either to law or to humanity-and, if its use were not controllecl, woul(l inevitahly hring about anarchy and race war in our midst at an early date. Prohibition is self-protection; it is the last hope of the two races
-to preserve harmony and maintain peace in their
midst. ,Yith these views, gentlemen, and with a firm re-
lianC'e upon the help of the unseen Creator, I give the lmsinPss of the session into your hands.
Go,,ernor.

EXHIBIT.
}L~coK, GA., June :23, 1916.
HoN. NATE. HARRIS, Gocernor of Georgia.
}fy DEAR GovERxon: I believe I express the sentiment of the farmers of Georgia, irrespective of
section, when I ask you to incorporate in your message to the Legislature a recommendation that th(
State make an annual appropriation of at least $10,000.00 to the Georgia State Fair Association.
On various occasions the State has made appro-
priations to fairs and exhibits outside of the State,
notably $30,000.00 each to St. Louis, ,Jamestown and Chicago. Although Georgia captured premiums at some of them on hay, S:'rup, etc., demonstrating Georgia's high class products, very few Georgians visited these fairs, or receiwd an:' benefit from them. ,Ye are asking only one-third of the amount for fairs that are held in our O\\'n State, in easy reach of farmers and others even from the most remote corners.
This mone:' we are asking is to he de,,oted to the one pm11ose, that of henefitting our own people, using it for premiums, thus not only encouraging agriculture, hut dividing the mone:' among the ,viuners of premiums for Georgia products.
As you know, premiums offered h:' the State will be ngan1ec1 as of higher value than those of the association, or even of incliYidnals, and in const'qnence the competition for tlwm will he greater and

more spirited. They will be considered the highest and most valuable premiums that can be offered.
In these days when everything is being done to
make the farms more attractive for the young peo-
ple, to induce them to remain on the farm, and to
prove to them that there is both profit and honor in tilling the soil, and when for this purpose corn and canning clubs are being organized and encouraged, the offer of State premiums can not fail to prove its worth as an incentive.
In my opinion everything should be done, especially by the State, to counteract the lure of the city for the :oung 1wople on our farms. An annual appropriation h: the State for State Fair premiums ,,ill do more along this line than any other, certainly more than tlie ordinary premiums can do.
Not only will the appro11riation help the Georgia farmer in sustaining the State Fair, but will prove a 1ilessing hy crnoma;.!,'ing the lioy and girl to raise crops of their own, and prove to them that while the cit: has its allurements the farm insures what tlrn eity cannot always r1o-n splendid inde11endent ]ivrng.
These are crude thoughts, my dear Governor, hut I know you will agree with me that they are true. \Yith the labor 11roblem confronting us, with the city nrnltiplying its attractions, something must be dono to make the farm as attractive as possible for the young. SrJecial State premiums, in addition to the nsnn1 fair premiums, will 11rove a strong incentive to di~ 0 a liYin~ out of Geor~ 0 -ia soil.
\Yith high 1,ersonal regard, I am, Yery truly yours, .Txo. T. ,Y1LL1.urs.
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