MESSAGE OF Governor Clifford Walker DELIVERED TO GENERAL ASSEMBLY OF GEORGIA JUNE 22, 1927 To the General Assembly of Georgia: The Constitution of the state requires the Governor to give the General Assembly, from time to time, information of the State of the Commonwealth and to recommend to their consideration such measures as he may deem necessary or expedient. In compliance with my duty under the constitution I respect- fully submit the following message: This General Assembly and the incoming Governor were elected by the people after a campaign in which the issues were clearly drawn and thoroughly understood. The people of the State, in convention assembed declared the will of the people expressed at the ballot box in a platform in which this General Assembly was called upon to accord to the Governor the help of the General Assembly in organizing and arranging the affairs of the State upon a strictly business administration. That platform pledged the inactment of laws which would provide: Consolidated Tax 1. The consolidation of the over Collection. seventy general collecting agen- cies or groups handling the State's money into one financial department, directing that all income of the State be covered directly into the State Treasury and dis- bursed upon proper vouchers according to law. Reform of Agri- ~- For the elimination of the poli- cultural Depart- tical power of the Agricultural De- ment. partment and that the agricultural interests of Georgia should receive every possible attention and benefit from the operation of this department. A re-organization of the department is pledged by an overwhelming vote of the people, I Re-Organization 3. I quote from the platform ex- of Highway Depart- pressing the will of the people as to ment. the operation of the Highway De- partment: "The Highway Depart- ment should he removed from politics and made the best busi- ness organizavoIJ. that it is possible to construct. The large amount of money handled and expended by this department demands that this he speedily done. The distribution of road money or mileage on any other basis than absolute merit of the project and the favor of some sections as against others is a possi- bility under the present arrangement that should he remedied. We urge such a re-organization of this department from among the best business talent of the State and no member of the High- way Board shall he eligible to elective office until after a sub- stantial period from the expiration of his term of office on that hoard. The convention committed "itself to a speedy completion of Georgia state aid roads system connecting up the sites of the various counties to the weakest as well as the strongest, without putting such conditions upon the weaker or smaller counties as to make compliance therewith impossible on their part or burdening them with a debt to build State roads". Amendments to 4. The platform urged the study of Banking Laws. the problems involved in the change of conditions in the hanking world brought about by the World War. I have sought without refer- ence to personal or political consideration to interest the best minds of the hanking and financial world in the solution of these problems. Recommendations in detail will he made to proper committees of the General Assembly looking to remedial legis- lation pledged by the convention. Tax Reforms. 5. The people demanded of the leg- islature in their convention that "the law making authorities give comprehensive consideration to our entire tax system to the end that such tax laws he enacted as to place the burden of our government equitably on all classes of our people and on all classes of property." 2 Agricultural Re- 6. The people also demanded that lief. steps be taken looking to the relief of the financial distress of the agri- cultural interests of the State. Equalization of 7. The people also committed the Educational Oppor- State to the pol\icy of a nine months tunities. term in every public school in the State, with equal educational oppor- tunities to all children, rich and poor, urban and rural. The people in convention solemnly declared that the remedy for many of the ills tliat have beset the State in the past and the hope of future greatness lies in the extension of educational opportuni- ties to those who do not now enjoy them. Preparing for a busi- ness administration the convention expressed the conclusion that the b~st business administration involves the investment of the largest possible fund in the education of its youth. The conven- tion declared as follows: "The convention recognizes that the educational needs of the State are not met in the financial provisions that are now being made and recommends to the Legislature more adequate funds both for common schools and the University system, so that they may not only take their places along side the accredited schools and universities of our sister commonwealths but that they may also serve their purpose in the development of Georgia young manhood and womanhood into an enlightened and equipped citizenry." I refrain fom an attempt to advise the Legislature in any exhaustive way on these fundamental matters as I realize that they were thoroughly discussed before the people and I take it. that since the people have spoken in such clear and unmistakable terms that the General Assembly will turn its attention toward the consideration of the best means of carrying out the pledges made. I assume that the Governor Elect will address you on these subjects and I urge most cordial co-operation with him to the end that these vital matters may be handled for the progress of the State and the uplift of the people. 3 Importance of State Government. Largest Business I would call attention to the fact. Enterprise in State. not generally recognized, that the gov- ernment of Georgia is the largest business enterprise in the state. The largest private corporation in Georgia expended last year $16,178,000 while the state government expended $20,000,000 and determined the policies of local government in the expendi- ture of another $30,000,000-a total of over $50,000,000. Also the state government more vitally inf\uences the welfare of the people than any other business. In its regulation of the ownership, use and disposition of property, the regulation of industry, business and labor, contracts, education, public health, social welfare, highways and the enforcement of the civil and criminal law, the state government is the pivot upon which turns the actual welfare of the people in their daily lives and ordinary occupations. Local governments are subject to the state government, receiving their authority from the legislature. The federal government is limited to specific powers which are enumerated in the constitution, while the state is a government of general jurisdiction and power, affecting the individual citizen more definitely than any power under God. Pays Greatest State and local governments cost the citi- Dividends. zens of Georgia $12 per capita. While this cost is less than that in any other state in the union except Alabama, it represents an investment for every citizen engaged in productive labor of about $50. I may safely say that this $50 purchases more in protection and service for the average pro- ducer and his family th.an he could buy in any other market for a thousand times the amount. It might make one payment on an automobile, or buy a radio set, or pay a month's grocery bill, but for the same amount he could not buy the pavement on which he walks to the corner, or buy fire, police or health protection, or education for his children. We get all these things and much more because we have pooled our interest in the government, our greatest co-operative business enterprise. I do not make these statements to magnify the position which I have held as governor of this great state. The governor is not an 4 executive in the sense that the head of a corporation is an executive. His powers and responsibilities are entirely too circumscribed, and the governmentsadly needs co-ordination. Of this I shall speak later. I desire rather to magnify the responsibility of the people to exercise their control over this stupendqus and all important state government. I would have them realize that, in spite of inefficiency, money invested in government under a fair and equitable system of taxation, is our most fruitful outlay, and that the development of efficiency in government through vigorous, constructive and critical public opinion will do more to increase the happiness and prosperity of our people than any other citizen activity. Control Vested In private business the policy and effi- in the Public. ciency of management is controlled by the officials. Not so in government. State officials and legislators initiate very little. Control in government is vested in public opm10n. In the final analysis legislatures and governors and de- partment heads respond to the demands of the people if those de- mands are voiced through adequate leadership, information and organization. In the absence of such leadership and organization government reverts to the power of the political boss- public functions deteriorate while designing politicians mold divisions amoung the people with false issues. In the light of these self-evident truths, the important factor is not the character of elected officials, not even the number of voters who register and go to the polls, but rather the preponderance in the state of men and women who give steady attention to public affairs, organized under the leadership of minds which are vigorously concerned with the current problems of statesmanship. 5 Progress Due to Mobi1ized Citizens Under Aggressive Leaders. I am gratified to report that one of the outstanding developments of this administration has been the emergence of large bodies of aggressive citizens mobilized under a new type of leadership. To them is due most of the credit for the progress in government of the past four years. Witness the Georgia E,lucation Association, -grown from a few hundred in 1922 to over 10,000 active members, whose greatest concern is the provision of adequate educational facilities for every boy and girl in the state. Witness the forces organized for state highways-vigilant and untiring-they are surely overcoming ignorance and confusion and driving toward the construction of a great system of state roads linking every county in Georgia. Witness the Georgia Association and the many farmers' co-operatives, just now for the first time becoming powerful enough to actually grapple with the problems of the farmer. Witness the programs of the Georgia Medical Association, the mobilized strength of the women's organizations, and the constructive legislative programs of such state organizations as the American Legion, the Kiwanis Club and the Federation of Labor, and you will understand that public health and social welfare will finally have the attention on the part of government that they deserve. Changing Atti- The most hopeful development is the tude of Business. rapidly changing attitude of the leaders of business. They are bending their energies to the building of a great state, and are realizing that their interests are identical with the common good. A bare handful of selfish men who have assumed to speak for business for many years still raise their clamor against every progressive movement, but my contacts with the business world have convinced me that the real leaders are men of vision and patriotism. 6 State government cannot progress without the active support and participation of business. Economic stability, and the health and social welfare of the people which makes business profitable is increasingly dependent upon the state government. Business must meet the expenses of this government and is vitally concerned that it function efficiently. While the full strength of the various groups has not yet been combined in support of a great program of state development, and energy is often wasted in minor matters, I welcome this evidence of group consciousness with unfeigned enthusiasm. I know it is a popular pastime to rail against the coercive power of lobbies in legislative halls, but when constructive programs are presented by enlightened leaders, with technical and complete information, and have back of them a thinking organization of informed citizens, the result in better government is inevitable. Legislation of As I glance over the legislative accom- Civic Groups. plishments of the past four years, I re- alize that civic groups are largely responsible for the creation of the state auditing and revenue departments, the biennial sessions, the abolition of the fee system in our larger counties, the Savannah and Brunswick port developments, the constitutional amendment permitting exemption of new indus- tries from taxation for five years, the uniform negotiable instru- ments law, the permissive law combining the offices of county tax collector and receiver, the acceptance of part of the federal inheritance tax assigned to the state by congress, the revised mo- tor vehicle license law, the establishment of the real estate com- mission and its regulation of the real estate business, the zoning law for large cities, and many other important measures. Back of the measures discounting the Western and Atlantic rentals and establishing the tax on cigars and cigarettes in order that the state might meet its obligation to Confederate veterans stood any number of patrotic organizations. The American legion is responsible for the establishment of the veterans' service office. The Georgia Forestry Association is responsible for the creation of the forestry commission. Farmers' organizations put through the improvements in the cooperative marketing law. Organized credit men conceived the law authorizing the establishment of credit unions. 7 The tax on fuel oil for highway construction was raised from I to 3 cents as a direct result of the organized efforts of our high- way associations. Legislation of For years educators have been advocating Educators. permissive combination of municipal and county school systems, the creation of an equalization fund to be distributed to the counties, prevention of fire hazards in school buildings, permission to develop municipal recreation systems, surety bonds for school superintendents, prompt payment of teachers made possible by increasing the borrowing power of the governor, and the budget plan for county boards of education, but not until ten thousand organized teachers, and thousands of organized parents made their wishes known did these things be- come realities. These steps taken during the past four years have inaugurated an advance along the entire educational front in Georgia. Health and Groups and organizations interested in so- Child Welfare. cial and child welfare and public health passed a modern child labor bill, a law requiring five days' notice of application for the marriage license, a constitutional amend- ment authorizing counties to finance the collection of vital sta- tistics, the building of a great tuberculosis hospital and other similar measures. I do not intend to minimize the fine work done by the authors of the measures themselves, nor the leadership and assistance rendered by state departments and officials, but merely to emphasize the fact that progress is dependent upon an aroused and informed and organized public, and to commend the activities of these far-sighted groups whose interest in the public welfare has borne fruit during this administration. Greater Achieve- The outstanding conclusion of my four ments Ahead. years' study points to one great need in Georgia-that these civic groups enlarge their vision and unite upon a constructive state-wide objectiYe. "Cnder such organized leadership an aroused public conscience would soon recognize the common justice as well as the civic necessity of educational oppor- 8 tunities for the boy and girl in the country equal to those enjoyed in the towns and cities. Highway authorities would be led to appreciate the fact that equal educational opportunities cannot be carried to the country without a twelve months' dependable highway system. The alumni of the higher educational institutions would pool their interests, develop a joint program of higher learning in the state, and forever put an end to the disgraceful condition which has forced the heads of our institutions to the humiliating process aptly described as "fighting over the crusts thrown to them by the legislature." An enlightened public opinion would reform the present unfair tax system. Governors and commissions and statesmen in our legislature have struggled for years to effect a fair distribution of the burden of taxation. The issue has been taken to the people in elections and the voters have repeatedly registered their will. But the only organization touching taxation has been reactionary and opposed to the expressed will of the people. Georgia needs an effective organization of the leaders of public thought who are opposed to the system of favoritism and aristocracy in taxation and the time is approaching when clear-thinking business men will take this matter in hand. These tasks and many equally important will be accomplished by the thinking people in our state in the immediate future. Georgians are repudiating reactionary objectors at every opportunity. Progressives are on the march. Results of Scientific Research. Citizen interest in the services of government, has led to another development which I consider of almost equal importance. It is the increasing application of scientific research in securing the true facts upon which to base government action for human welfare. The new type of leaders and organized groups of intelligent citizens recognize that true progress can come only when ways and means of finding facts and measuring results are devised. They are no longer satisfied with mere speculation and subjective judgments but are demanding facts-facts upon which to base progressive programs. 9 It is said that hundreds of millions are expended annually in research, study, laboratory work and investigation by our business interests. It is even more necessary that the state governmentGeorgia's greatest co-operative business enterprise, should make adequate investment in research. In its regulation of banking and industry, transportation, communication and agriculture, education, public health, police power and social welfare, touching the life interests of the citizens at every turn, Georgia can neither afford to listen to the over-conservative voice of tradition nor to the radical theories of speculation. There should be the most complete assembly of all available data, a painstaking and critical analysis and testing of every suggested solution. Facts Must Reach When this method is applied to a ser- the Public. vice that has been handled by the traditional method for a long time it often calls for a complete change in popular conceptions. An educational program must convince the citizen that the new method is rational, for in gov- ernment services, co-operation of the individual is always a first essential. For these reasons I am convinced that the agencies for research and the dissemination of scientific information are the most important basic elements in progressive government. I emphasize them because they are so little appreciated and only partially supported. Yet the beneficent results of their work need only be mentioned to be recognized. The foundation for a new agriculture in Georgia has already been laid by the work in the laboratories at the State College of Agriculture, the experiment stations, the board of entomology, and is being carried by the extension workers into the farthest corners of the state. Unlimited wealth and industrial development has already been made possible by the research work of our state geological department, and our state school of technology. Educational methods are being revolutionized as the result of the research work of the educational departments in our university and women's college and are carried to thousands of teachers in summer schools and institutes. Standards of organization, supervision and finances of our public school system are being remodeled by the faithful staff of the state department of education. Consolidation of rural schools, improvement in teaching staffs, enrollment in high schools, and expenditures for modern buildings during the past four years have far exceeded any previous record. The principle of equalii&ation by which the state will equalize the educational opportunities of the country and city child, adopted at the last extra session of the legislature, came out of the research work of this department. This plan when finally fully applied will be recognized as one of the most important in all the annals of our state's history. The auditing department, created during this administration for the purpose of promoting a thorough study of the fiscal affairs of the government has already resulted in the saving of thousands of dollars. If kept out of politics, it will in time point the way to a complete coordination of the revenue collecting agencies, and the purchasing agencies, the disbursing of all state funds through the state treasury, and the establishment of a modern budget system. Overcoming disease The state department of health and and distress. the State Medical College, in co- operation with other health agencies have already discovered the means of ridding Georgia of the ravages of malaria, hook- worm and pellagra, typhoid, tuberculosis, diphtheria and many children's diseases, and are now challenging the counties of Georgia to organize for the conservation of our greatest resource, the public health. The plea of the underprivileged child and the baffled, discouraged family has been met by the most painstaking study on the part of the state department of public welfare. Standards of care in institutions and communities have been developed, modern laws have been drafted for the protection of child life, and a new spirit of optimism and faith in human nature is reaching out all over Georgia to succor the helpless and lift the fallen, to build communities in which children need not suffer from neglect, nor be trained in crime, and thus reduce the enormous expense of handling paupers and criminals. "The bandit of today is the 11 juvenile delinquent of yesterday and the innocent child of the day before yesterday." The hunger for knowledge by the inquiring mind is being met by the state library commission, not only by research and educational work in the field of literature and in the organization and administration of public libraries, but by the distribution of traveling libraries and the loan books through the mail to thousands of individuals who have no other resources for enlightment. Research into the glorious history of Georgia, and compilation of the facts upon which the future must be builded, is being faithfully promoted by the department of archives and history. Research not Effective In two important fields we have Without Organization. the agencies for research but are lacking the organization to give their findings effect. I have already spoken of the thorough and exhaustive search in the problem of taxation, and the failure thus far due to lack of effective statewide organization. At this point I merely wish to pay tribute to the patriotic sacrifice and devoted service of the two tax commissioners who served during my administration, and to the group of big-hearted, broad-minded citizens who served on the special tax commission and developed a plan of tax reform which in time will certainly be the basis for a new program. At the state sanitarium for the insane we have kept abreast of the wonderful strides which the world is making in the treatment of mental disease, but we have been delinquent in our failure to carry this great healing ministry beyond the walls of the sanitarium to the people of the state. Mental disease is now recognized as a condition which may usually be cured if treatment is given in the early stages, and yet the only treatment we provide is after the patient has become so violent as to need confinement for his own or the public's safety. I am convinced by the best authorities that should we spend a few hundred thousand in mental clinics at various points throughout the state we could in a very short time stem the growing flood of acute insane which is already overtaxing the capacity of the sanitarium. This institution needs appropriations for remodeling and equipment, but there should be also an investment for carrying preventative treatment to the sufferers out 12 over the state who will become patients if neglected. It has been proven that early recognition and care will prevent many cases of insanity. When we refuse to profit by the results of research, we are blind, indeed. Changes Needed in Organization of State Government. A process of expansion has marked the development of government. Cataloging its imperfections and appealing for study of the problems incident thereto do not imply a reflection upon the people or even upon the lawmakers. As a matter of fact government was satisfactory in the early days of simpler living. As life has become more and more complex more fields of governmental activity have been added and more and more demands made upon the state. Year by year the legislature has endeavored to respond to these calls by placing patches upon the body politic. The result is a veritable patchwork of governmental functions disjointed and unrelated with overlapping, duplication and lack of coordination which in the light of modern business methods constitute a reflection upon the business intelligence of the state. For example: Confusion In (1). Of the hundred departments, boards Fiscal Affairs. and commissions, probably a score scattered over the capitol and some outside the capitol are collecting the state's revenues. While the constitution provides a highly creditable fiscal system safeguarding collections and expenditures by the constitutional departments, strange to say, many other agencies created by statute collect monies in the name of the state and expend it as collected, never depositing funds in the treasury as was clearly contemplated by the constitution. Other departments withdraw appropriations from the treasury in lump sums, deposit in bank accounts and expend without system. Piling up deficits is encouraged by this lack of business system. The simplest principles of elementary business require that all the state's revenues be collected through a single agency, deposited in a common treasury, budgeted scientifically and ex- actly and disbursed through one officer with the wise safeguards now provided by the constitution. 18 Budget System (2). The absence of a scientific system Needed. of budget of the state's expenditures is eq-ually discreditable. Too familiar and yet too dis- graceful has been the spectacle at each legislature of a hundred government agencies in an unseemly scramble for state funds. College presidents who need and are entitled to relaxation and recreation spend their summers begging for funds necessary to keep alive struggling educational institutions as though money expended in education were not an investment. Department heads and agents are forced to lobby for funds needed to carry on their programs when they should be at work in their departments. Politicians trade and traffic in appropriations and governmental favors and service when these benefits should be allocated on principle alone. A budget, with teeth, scientifically prepared, distributing the revenues of the state equitably, should be author- ized. Every dollar of the state's money should be covered into the treasury and no fund should be withdrawn from the treasury until the auditor certifies that the same is authorized by the bud- get. Work needs (3). It is unthinkable that the people will Co-ordination. much longer tolerate a lack of system, and overlapping and duplication of work by scores of boards and commissions, some of these working at cross-purposes and many of them with a lack of sympathy and a lack of coordinated pro- grams which would not be tolerated for a moment by a modern business. The state is not ready at this time for so great a change but it is interesting to note as a basis for research and study that several states have effected a complete reorganization of the government into probably as few as seven departments, each under one responsive head who is a member of the governor's cabinet and each one responsible to the executive for the success- ful functioning of his department. Governor Seriously (4). The unscientific system of distribu- Handicapped tion of governmental favors accounts for the humiliating fact that retiring governors for the past quarter cen- tury have all expressed disappointment that they have been unable to accomplish policies in accord with the expressed will of the people. They have been handicapped by a system which elects a legislature 14 without reference to the platform or the political pledges of the choice for governor. In a two-party state the governor usually has a majority of the legislature elected on his platform but here the legislator makes no pledge as to great state issues while many of the leaders are candidates for governor, some so foolish as to seek advancement by discrediting the incumbent. Attention has often been called to the unseemly condition which forces a newly installed governor into a campaign for reelection not only before he has a fair chance to demonstrate merit of reelection but even before he has full opportunity to discover the real needs of the state. The recent passage of the biennial session law greatly aggravated this intolerable system providing that a governor shall be inaugurated after the organization of the only regular session of the legislature held during his administration with practically no opportunity to prepare for its deliberations. Prompt relief should be given by the legislature. At least three remedies have been suggested: (a) A four-year term for the governor. (b) The legislature to convene one year after the inauguration. (c) A ten-day session for the inauguration and organization to be followed by a recess of at least six months. Organization of (5). Reference can profitably be made General Assembly. here to minor and yet important details in the organization of the general assembly.. Unquestionably the political atmosphere in general and particularly about the legis- lature has been clarified during the past few years. Representa- tives of selfish interests are still too influential; consideration should be given to the weaknesses generally recognized; the great mass of local legislation unnecessarily exhausting time and money and preventing real constructive accomplishment; the time wasted on baseball games and round-robins working into the hands of scheming politicians by a congestion at the close of the session; the undemocratic and sometimes dangerous power of the rules committee; lack of provision for the scientific drafting of bills; the numerous and unwieldy committees, Indeed the very size of the legislature makes it difficult if not impossible to agree upon vitally Important reforms of taxation, highways and reorganization and coordination of the fiscal management of the state. 15 Effect of (6). The method of employment, classifi- Spoils System. cation and promotion of state employees is entirely out of date. Great business enterprises have established personnel departments, which are demonstrating the value of applying scientific methods in handling their employees. The American people have long ago repudiated the spoils system in politics, and yet we know that in Georgia powerful political machines have been erected upon it. The working out of a thorough personnel system of examination of applicants for public employment, complete classification of positions and a merit system of assuring efficiency and recognizing it by pro- motion, is one of the necessary steps in the development of a gov- ernment worthy of the people's confidence. Special Research The foregoing illustrations of dis- Commission Suggested. organized government should con- vince the general assembly and the people that our state problems can be solved only as a result of the most careful study and re- search. Who in Georgia is competent to recommend a solution based upon the experiments of the hundreds of other representative governments which have been struggling with like problems during the past century? What more constructive contribution could the next legislature make than to raise a committee or other authority charged with making a scientific study and report necessary remedial measures to the people as a preparation for a constitutional convention to meet at a time when public sentiment is in proper frame for cool and conservative deliberation? The Problem of Crime In no field of government activity are we in so great need of calm, disp~ssionate study and research as in that of the control of crime. The cost of crime in the United States, estimated conservatively at sixteen billion dollars annually, is many times greater than the loss caused by the Mississippi flood. Georgia's crime bill this year will far exceed the damage done by the father of waters to 16 any state along its course. The problem challenges the sanest thought and the most statesmanlike action, for the damage wrought is not only financial, hut destroys the happiness and undermines the security of thousands. There is no Before we can consider this problem ra- Crime Wave. tionally we must dismiss the current illu- sion that we are suffering from a "crime wave." The meager sta- tistics _available indicate that there has been no sudden increase in crime. The number of criminals in the country has only in- creased in proportion to the population. The amount of dis- honest dealing and fraud has only increased in proportion to the increase in business activity. If the crime problem were a new development, the hysteria incident to recent popular discussion of the 'crime wave' might be justified. But this problem is as old as civilization, and it is not to be solved by the superficial speculations of excited opportunists, nor by traditional vindictive methods. Three important considerations need emphasis: Only cure is 1. The only cure for crime is prevention. Prevention. Every effort expended to afford each citizen from the day of his birth the proper development, growth, educa- tion, physical and mental health, recreation, employment and spiritual nurture, is directed toward the solution of the problem of crime. In our excitement over the "crime wave" let us not for- get this fundamental. After all we look to the leadership of our state departments of education, public health and public welfare, for the strengthening and enriching of our community life; to our business leaders and educational institutions for the development of sound agricultural and industrial economics; and to the churches for the quickening of the religious life of our people. These are the preventive elements in the warfare against crime. Agencies Without 2. Our law enforcement agencies are Chart and Compass. entirely without chart and compass. The methods and organization of our police and courts have never been systematically studied. There is no state department con- cerned with the development of standards, the collection of sta- 17 tistics, suggesting improvements in the laws, or co-ordinating these agencies. We have no central registration of criminals, and handle each offense without reference to the previous record of the prisoner. The development of a police system that is swift and sure, and a court system that eliminates technicalities and is a tribunal for the disinterested search for truth and the discovery of a proper method of treatment for each individual delinquent, and not a forum for the display of the wits of opposing counsel, cannot come as the results of speculation. It will only result from careful study. Only One State Has In spite of all the agitation of the Studied Problem. past few years, only one state, Mis- souri, has approached this subject in a throughly systematic fashion. George W. Kirchway, one of the country's foremost criminologists, says in a recent review: "The Missouri crime commission is the only organization, except the crime commission of New York, that has functioned to a degree that would justify any attempt to assess its value to the community, and the New York crime commission is a temporary makeshift, a glorified leg- islative committee, whose only title to fame is the body of drastic legislation enacted a year ago and bearing the name of its chair- man, Senator Baumes. Indeed, nothing more constructive than Baumes' laws can be expected of a body constituted for the sole purpose of dealing summarily with the crime situation, and continuing from one year to another by legislative enactment." The Missouri commission, on the other hand, is a permanent body, under no pressure to produce an annual grist of bills for legislative action, and with far less need to satisfy the clamor of the mob for vindictive legislation. Within two years after its organization the commission published the Missouri crime survey, representing the study of every important aspect of the problem, some of them by highly qualified and disinterested lawyers, university men, and specialists in public administration, and laying a substanti~l foundation for constructive legislation. Remedy For the attainment of these aims, the ascertain- Suggested. ment of facts as to crime and its treatment, the proposing of legislative remedies for the defects in the adminis- tration of criminal justice which these facts disclose, and the stimulation of the public to demand and provide a wise and honest administration of the law, it is obvious that the state crime commission must be a continuous body. Its work will not be done, it will be scarcely begun in a year or a decade. Some of our best minds have suggested the creation in every state of a "ministry of justice" charged with the supervision and the progressive improvement of the law and its administration. Its first duty would be to devise and by appropriate legislation to set up adequate machinery for gathering, recording and tabulating the data as to crime and its treatment in the state. It is only by the establishment of such a state agency that we have accomplished the co-ordination of other systems, such as the public school system. Surely we could make no more constructive suggestion looking to the improvement of our methods of dealing with crime than that the legislature immediately establish a permanent state crime commission with the responsibilities outlined above. Delinquents Need 3. The traditional faith in punish- Treatment. ment-stark punishment, as the only method of dealing with the individual criminal, cannot be accepted. It did not work when over two hundred crimes were punishable by death. It is less effective today when punishment consists of enforced association of criminals with each other in prisons which are more or less schools of crime. Modern science recog- nizes the delinquent as suffering from some malady, either physical mental, or environmental. If he has become a public menace he should be confined, but if he is ever to be released his trouble should be understood and corrected. The careful diagnosis and treatment of each individual delinquent, and not harsh punish- ment, will prepare him for freedom. There are constitutional delinquents who should never be released, and science is equipped as never before to discover these individuals, but the great ma- jority of offenders should be returned to society better equipped to become law abiding citizens. If these principles be true, and they seem self-evident, should we not concern ourselves with the improvement of the prison system, rather than with the adoption of more severe penalties? 19 As a matter of fact we know that our present system releases the criminal weaker and more vicious. Most of the serious crimes are committed by criminals who have previously served prison terms, and have been schooled in crime by close association with other criminals. We must change our prisons into mental and medical clinics, and vocational and industrial schools. This does not mean coddling them, nor sentimentally crying over them. We must either build on the best that is in them, or lock them all up for life. Any other program will not only continue to expose the public to the_ constitutional delinquent until he has perpetrated horrible crimes, but will still further aggravate the malady of tlie curable delinquent. The longer his term in our present day prison, the more dangerous he is when released, and under any system, the prisoner, with few exceptions will be given his freedom sooner or later. Prison Reform. I confidently assert that the penal system of Georgia is as good as the average of other states yet it is true that the system is not nearly so good as that of some of the states and certainly is not as good as it can be and should be made. A modern sense of humanity demands a general reform of the old penal system. It is unthinkable in this enlightened age that a great state in its sovereign power should seize upon a young or a weak citizen, deprive him of his liberty, incarcerate him in one of its institutions for a term of years and then return him into society a more hardened character far less fitted for citizenship than when he was received. After the maturest reflec- tion, I recommend that a system be devised and a program adopt- ed calling for the use of all convicts in furnishing the labor for the paving of a state system of highways over a period of six years; that in the meantime the crime commission suggested here- in provide a plan for a central penitentiary in which convicts may maintain themselves and their families by making wages and at the same time be taught a trade or occupation, surround- ed with a moral and spiritual atmosphere which will enable them to come out better citizens and better able to provide for them- selves and their families. There is no The extreme crime wave reformers would short cut. abolish probation, parole and the indeter- minate sentence, increase the severity and length of punishment, and frighten human nature into submission. However, they belie their own faith by providing that when a man has committed four felonies he shall be imprisioned for life! A harshly mechanical system of penalties strengthens the plea of the sentimentalist for clemency, encourages the unscrupulous lawyer to accomplish the acquittal of his client by unethical means, assures an earlier release for the criminal experienced in evading justice and a longer course in the university of crime for the beginner. One state adopts a penalty of death for holdup with a weapon, not appreciating the necessity it puts upon the bandit to kill his vic- tims and thus prevent them from persuing and identifying their assailant. It hardly seems necessary to prove that crime cannot be prevented by fear of punishment, by degrading associations, or by harsh, cruel and inhumane treatment. Such methods have been given a fair trial in the long history of the race. There is no short cut to the transformation of a delinquent. It must he attained by the long road of scientific improvement of our penal system. Equalization During this administration there has come into use the word "equalization" which in its influence upon the common weal and in its effect upon the course of government, is destined to rival some of the greatest words known to history. The word had fallen into disrepute in Georgia because of its application to a tax law that did anything but equalize the burden of taxation. Very quietly this word reappeared during the extra session of 1926, attached to a principle which I believe will revolutionize our educational system during the next decade, and when applied to other government services will go far toward assuring every future Georgian the rights promised in the old watchwords of liberty, equality and fraternity. The act passed in 1926 was "to authorize and require the general assembly to make an extra appropriation to the common 21 school fund for the purpose of equalizmg educational opportunities to the children of the several counties of the state." Equalization By that act Georgia took the first step in Defined. repudiating that narrow selfishness which permitted each community to look after itself and the devil take the hindmost, and turned again to the age-old principle that the strong should help the weak. Not that the poor county should be pauperized by being relieved of doing its full part. Equalization proposes simply this-that when a county has taxed itself fairly, the state will supplement the fund suffi- ciently to afford opportunities that are available in a richer county which assesses the same tax rate. Half the counties of Georgia have less than $4,000,000 in tax values. The other half range from $4,000,000 to $253,000,000, but only 33 of them have more than $6,000,000 in tax values. Back of a teacher in Muscogee county is $300,000 in property value, while back of a teacher in Union county is less than $20,000 property value. Not only are the few richer counties profiting by their ability to afford good schools, but in them are located practically all the health officers, social workers, recreation facilities, libraries and other advantages which protect and enrich life. Only 23 of the 80 weaker counties are served by farm agents, although all of them are rural counties; only one is serv,ed by a public health officer; only one has a county library, and none of them employ workers for the other humanitarian services. Fifty of these counties spend less than $15 per pupil on their schools, while the average for the country over is over $60 per pupil. Practically all of the teachers with less than college training are employed in these counties. Must Raise Stan- There are those who still argue that dard of Living. these counties should improve their economic condition and obtain superior advantages for themselves. But without educational facilities, unable to establish adequate health service to cope with malaria, hookworm, typhoid and other diseases, dependent families becoming pauperized with no social service to guide them, is there any wonder that some of these coun- ties become poorer each year, losing in both wealth and population? I am in full sympathy with every effort to decentralize industry and distribute new factories throughout the state. But the advance of both industry and agriculture in many sections of our state must be accompanied by the improvement of facilities for education, health and social welfare. Moreover, the future of our great centers depends upon the development of a prosperous hinterland. The strong counties can profit most in the end by the expenditure of state funds to equalize opportunity in the weaker counties. No state is stronger than its weakest county, no county is stronger than its weakest community. Education involves an investment, not an expense. Training the people to think straight materially increases their capacity to earn money and develop the natural resources of the state. It lessens crime and releases appropriation for constructive agencies and leads to the solution of every other civic and political problem. The rapid acceptance and adoption of this viewpoint by leaders in the big cities is one of the most encouraging symptons of the times. Should Apply to It is to be hoped that a legislature, all State Aid. composed of a majority representing the counties which would profit most from the development of the principle of equalization, will not be slow in applying it to the distribution of state funds. A few million dollars for education and a few thousand dollars for public health expended in the equalization of opportunity among the weaker counties of the state under the direction of our capable state departments of education and public health would go further toward the development of a greater, happier, more efficient Georgia than any action our legislature could possible contemplate. The same principle might well be applied to the distribution of road funds and all other state aid to local services. State aid should never be offered contingent upon the county matching the subsidy, dollar for dollar. Under this plan the rich counties are able to put up the money and get eyerything, while the poor counties get nothing. On the other hand, equal- 23 ization measures the need against the ability to pay, and makes up the difference from state funds. I have long appealed for a real eqalization of the tax burden in Georgia When the state taxes are collected from every man according to his ability and distributed to every county according to its need, equalization will have done its perfect work in Georgia. The Heart of the Government The state department of public welfare has been described as "the heart of the government of Georgia." It represents the state's oversight of the helpless, the dependent and the erring among her people. During the seven years since this department was created it has earned an established place, not only as the state's throbbing heart and strong right arm in guarding the weak and quickening an enlightened good will, but as one of the chief means of conserving expenditures of tax funds, and re_ducing the cost of crime, insanity and pauperism. If it be permitted to attain reduction of dependency and delinquency and therefore a reduction also in the cost of government it will have a double right to be known as the heart of the state. While the state recognized an obligation to its helpless and dependent wards in the first state constitution the original state government saw fit to leave such matters to local political units, without state supervision or guidance. In the early pioneer days the problem was not acute. It was met by the local establishment of the "poor farm" into which were placed men, women and children, imbeciles, insane and infirm-all who could not take care of themselves, or who had overtaxed the neighborliness of their friends, while the law-breaker, including all who had passed the tender age of 10 years, were cast in jail. It never _occurred to our forefathers that the majority of those people could have been kept out of the poor farm and jail-prevented from becoming a perpetual public expense by the expenditure of a little money and effort. All of the difficulties of the unfortunates were blamed upon their own eYil natures, or ascribed to "the will of God". 24 Plight of Unfor- Even when the conditions in the 'poor tunates Ignored. farms' became intolerable statesmen did not see that neglected little children, broken and disorganized families might he diverted from the road to the poor house and jail by careful adjustment of their difficulties before it became too late. The state undertook to remove the insane and imbeciles from the poor farms to a state institution, and because the state ignored the plight of the children, they were removed to institu- tions fostered by denominational and fraternal orders. Thus the poor farm remains the last refuge of the hopelessly aged and infirm. But under the complexities of modern life, the waste of this crude system-both in human life and in public and private funds- is becoming apparent. The cost of courts and prisons, children's institutions, insane hospitals, poor farms and poor relief mounts into the millions, and still the flood of unfortunates increases. It is just here that the department of public welfare has been called into existence to join hands with the department of education and public health in a full rounded program of study and prevention which challenges the laissez faire attitude of government, and presents the only hope for the maintenance of civilization under modern conditions. Counties Should In accord with the program advo- Adopt Program. cated by this department, every com- munity, every county in Georgia should promptly renounce the old methods, establish an adequate juvenile court with trained probation service to check the juvenile delinquent before he be- comes a permanent criminal to be caught and confined at great state expense; dispense with the palliative and indiscriminate dis- tribution of public relief and private alms, and adopt the modern methods of constructive service to rebuild broken families and re- establish them as economic assets rather than permanent liabili- ties. The department has made great strides in carrying this doctrine throughout the state. Its educational and inspection service has been of great aid to the agencies and institutions which are carrying much of the burden that should be borne by government. 25 Children's Laws For the full achievement of a program of are Needed. prevention by counties several laws for the protection of children must be written on our books. These childrens laws prepared as they have been by a commission au- thorized by the legislature, revised and approved by one of the state's great constitutional lawyers, will afford the local county efficient and modern legal methods of juvenile court procedure, adoption of children, enforcing support of deserted and illegiti- mate children, and of supporting dependent children in their own homes. Not one of these proposed laws forces any expense upon the local county government, such expenditures being entirely optional, and subject to the enlightened will of the county authorities. Most of them will he authorized, however, when they are recognized as the ounce of prevention instead of the pound of cure. I am certain that the legislature will respond to the challenge by adopting the child welfare legislation necessary to the full achievement of this program of prevention in the counties. The Right to Live A new type of army is necessary today to secure to every citizen the "right to life liberty and the pursuit of happiness." When the bewigged writers of the declaration of independence, made "the right to life" the first of their hold trio of fundamentals they felt that actual physical life could he assured to the citizens of the new republic by maintaining a standing army and a police force. Death stalked unchecked in the pioneer community. Disease was attributed to natural forces, and the protection of society from its fearful attacks, more damaging than any ever wrought by a human enemy, was not then considered a responsibility of government, 'But in recent years medical science has conquered one disease after another until today thousands of permature deaths are preventable. "The right to life" has attained a new meaning as something which the state may give to its citizens, or withhold from them. If the state has within its power the 1neans to assure to its citizens the right to life but withho"e the revenues of the State. Veterans Service The government of the State of Office. Georgia has shown as little apprecia- tion of the service and sacrifice of the world war Veterans as any other state in the union. I recognize that the unfortunate fiscal condition arising from an antiquated tax system is largely res- ponsible. I commend the good work of the Veterans Service Office and trust that the State may co-operate more generously in the future. Deficiency Appro- Sound business principles cannot jus- priations. tify overdrawing appropriation ac- counts. Constructive progress has been made toward the eli- mination of deficiency appropriations. A scientific budget will provide for each department and institution a reserve for emer- gencies. This should be provided with an absolute prohibition against any deficiency appropriation Escapes. The peculiar system under which the State Penitentiary is operated makes it difficult to prevent es- capes. However, my observations convince me that too many 44 of the professional crooks and experienced criminals escape. I urge the Legislature to direct the Prison Commission to provide special means of guarding convicts of this class. The Credit of the Georgia enjoys perhaps the best credit State. of any State in the Union. Owning a trunk line of railroad and a large block of central city property in Atlanta every inch of which is covered by modern sky-scrap- ing buildings and several blocks of highly valuable business pro- perty in the very center of the city of Chattanooga, the State's property holdings are many times more than the five millions of its indebtedness. Moreover, the State's history demonstrates that it has always guarded with jealous pride its moral as well as its legal obligations. And yet Georgia's reputation has been seriously injured by reference from time to time to alleged re- pudiation of certain alleged obligations. Every year or two references are seen in outside newspapers to Georgia's repudia- tion of certain railroad or other state bonds. I have had pre- pared and filed in the Archives of the State Library a brief which demonstrates that Georgia never repudiated a bond or any other obligation of the State. The bonds referred to were issued by corrupt camp-followers of a carpet-bag administration without authority of law. They were not a legal or moral obligation of the State since the State did not authorize their issue and did not receive the benefit of a dollar of the proceeds of the sale if they were sold. I have directed that this brief be filed and preserved for the use of any citizen who may desire to defend the name of the State when assailed. I have also suggested that the United States Senators and certain patriotic native sons of Georgia now engaged in banking and bond business in New York confer and co-operate in the effort to establish the falsity of the charges and prevent the further slander of the state in the future. In the meantime, in a smaller way, the reputation of the State has been hurt by the unauthorized or unbusiness like use of the credit of the State. I am -advised that a certain silver service was purchased on credit for pres~ntation in the name of the State to the U. S. Battleship "Georgia" but without authority of the State. The ship having been withdrawn from service and the silverware returned, being now stored in the Governor's 45 mansion subject to orders of the General Assembly, I recommend that the unpaid bill be paid or the silver service be restored to the original seller. My attention is also called to old unpaid bills due Index Printing Co. and Ernest Dallis and a bill of $536.15 for printing due the Byrd Publishing Co. This printing was ordered in a former administration and seems to have been authorized by law. I recommend that these bills be paid. I urge that the law be amended penalizing the contracting of a debt for which no appropriation has been made. Federal Building The Treasury Department at Wash- Sites. ington calls my attention to Federal Statutes which require the consent of the legislature to the pur- chase of lands for the purpose of erecting thereon any public building. No post office or other Federal building will be erect- ed in Georgia till this consent is granted. I have taken the liberty to request the Attorney General to prepare a bill to that end to be submitted to your body. Military Depart- It is important that there be main- ment. tained an organized force in peace as well as in war for police protection in emergencies. The State must bear its share of the burden of providing men capable of training soldiery in the event of military invasion or other attack upon our country. The Adjutant General advises me that the Military Department cannot be maintained on the present ap- propriation and suggests that adequate provision be made or the department be abolished. I recommended careful consideration of the needs of this department. Fidelity Bonds. Great financial loss and much worry to the State officials have followed the acceptance of personal bonds from tax collectors and other bonded officials. Since the law has been amended requiring more frequent remittances I recommend that the amounts of bonds required of tax collectors be reduced and that they be required in every instance to fur- nish fidelity bonds. I also urge that an act be passed making the tax collector Ex-officio Sheriff, and authorized and required 46 to enforce the collection of taxes without recourse to the sheriff's office. Duplication of work in these offices and inadequate checking has resulted in the loss of an enormous amount of tax monies. Training School for A development which challenges the Boys and Girls. most serious thought of every good citizen is the appalling increase of crime in white boys. Many such youths are being sent to the penitentiary. This is a situa- tion which must not be allowed to continue. I commend the fine work of the Reform School for Boys at Milledgeville and ear- nestly plead for an enlargement of its facilities so that every boy under 18 years of age convicted of crime may be committed to its care. No greater service is being rendered the State than that of the Girls Training School near Atlanta. And yet delinquent girls are being turned away each week while a comfortable building is vacant because of inadequate maintenance fund. I urge that this fund be provided at once. Exactly the same conditions exist at the Training School at Gracewood. It should be supplied with necessary maintenance funds without delay. 47