Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, October 22, 1902

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, October 22, 1902.
ATLANTA, GA.
GEO. w. HA.RRISON, STATE PRINTER
{THE FRANKLIN PRINTING AND PUBJ.ISHING Co.) 1902

JOURNAL.

Senate Chamber, Atlanta, Georgia. Wednesday, October 22, 1902? 10 o'clock a.m.

The Senators-elect for the years 1902 and 1903 met at 10' o'clock a.m., on October 22, 1902, in the Senate Chamber, and were called to order by the Ron. C. S. Northen, Secretary of the last Senate.
'I'he Secretary of State submitted to the Secretary the certified lists of Senators-elect. The following is the list:.

Allen, .Atkinson, Christie, Clarke, Clements, Comas, Crumley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower, Hopkins,

Howell, Hudson, Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, Parke, Perry,

Reid, Roberts, Rountree, Skelton, Snead, Stevens, Sullivan, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Worsham.

The foregoing official list was called to ascertain the prettence of a quorum. This having 'been done and a quorum being present, the blessings of God was invoked by the Rev. J. W. G. Watkins, at the request of the Secretary.
Senators-elect then presented themselves at the Secretary's desk and took the prescribed oath of office, the same being ad-

4

JOURNAL OF THE SENATE.

mini:;rered by the lion. Jno. S. Candler, Judge of the Stont> Mountain Circuit. ~he Secretary then announced that the next business in order was the election of a President of the body.
Whereupon, Mr. Hopkins placed in nomination for that office, the Hon. Clarke Howell, of the county of Fulton. This nomination was seconded by several. There being no other nominations the call of the roll was proceeded with, Senator;; voting viva voce. On casting up the vote it appeared that .Ron. Clarke Howell had rece'ived 42 votes, the entire vote cast.

The Hon. Clarke Howell, having received a majority of the whole number of Senators, was declared duly elected President of the Sen-ate.

The Secretary appointed a committee of three to acquaint the President of his election, ask his acceptance and conduct him to the presidential chair.
The Secretary appointed ~Jessrs. Hopkins, Davis and Sweat.

The Committee performed the duty imposed, and the President-elect being conducted to his chair, arose and addressed the Senate, and at the close of his address called the body to <>rder. He then announced the election of a Secretary as the lmsines;; next in order, and that nominations for that office would be received.
Whereupon, llir. Atkinson, of the 26th district, placed in nomination the Hon. C. S. Xorthen, of the county of Fulton. This nomination was seconded by several.

It appeared, upon ca.;;ting up the votes, the Hon. C. S. Korthen had received 43 votes, the entire vote of the Senate.
The President declared that the Hon. C. S. ~orthen, hav-

WEDNEsDAY, OCTOBER 22, 1902.

5

ing receiyed a majority of the entire Senate, was duly elected Secretary.
The President announced the election of a president pro tern. as the next business before the Senate, and that nominations were in <>rder for that office.
Mr. Snead, of the 29fh district, nominated the Ron. P. J. Sullivan, of the 18th district, and the nomination was sec4 ondled by 'several. There 'being no other nominations for this office, the call of the roll was proceeded with, resulting in the elecbion of Hon. P. J. Sullivan~ he having received 42 votes, the entire vote cast. The President declared him duly eleci:e<I President pro tern.
The next business was the election of a Messenger.
Mr. Tisinger placed .in nomilllation Flynn Hargett, and Mr. Sweat, of the 5th district, nominated D. P. Paulk. The roll was called and the vote was as follows:

The following voted for Mr. Flynn Hargett: .

'

Allen, Christie,
C?mas, Crumbley, Davis, Duncan of lOth, Duncan of 36th, Golden, Hightower, Hudson, Jordan,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, .Park, Perry,

Reid, Rountree. Skelton, Snead, Stevens, Sullivan, Symons, Taylor, Tisinger, Van Buren, Worsham;

The following voted f.or Mr. D. P. Paulk:

Atkinson, Clark, Clements,

Dodd, Harrell, Hopkins,

I.ee, Roberts, Sweat,

JouRNAL OF THE SENATE.

Upon casting up the vote, it appeared that .Flynn Hargett had received 3 votes, which was a majority of the Senate. The President declared Flynn Hargett elected Messenger of the Se'Ilate for the years 1901 and 1903.
The next business in order was the election of a Doorkeeper.

:M:r. Dodd nominated R. E. Wilson. This nomination was seconded by several. There being no other nominations made, the vote was taken 'vim t'OCe. Upon casting up the vote it appeared that ~Ir. Wilson had received 42 votes, the entire vote of the Senate cast. 'J'he President declared Mr. Wilson duly the Senate for the years 1902 and 1903.

Upon motion of ~fr. Sullivan, a cmnrp.ittee of three was appointed to select a Chaplain of the Senate.

The President appointed on this committee Messrs. Sullivan, VanBuren and Duncan, of the 36th district.

The committee reports that they have selected Rev. J. W. G. Watkins as Chaplain of the Senate for the years 1902 and 1903.

Upon motion of ~Ir. Lee the pages, doorkeepers and port-

ers, be appointed as before. .

'

Senator Clements was appointed chairman of the Commit-
tee on Journals.

Mr. Jordan offered the following resolution, which was adopted:
A resolution notifying the House that the Senate /Was organized and ready to proceed to bu&iness.
Upon motion, the Senate took a recess, subject to the call of the Chair.
The Senate was called to order by the President.

WEDNESDAY, OcTOBER 22, 1902.

7

Upon motion, the Senate adjourned until 4 o'clock this -evening.
The Senate was called to order by the President at 4 .o'clock.
'Dhc following resolution was read and adopted:
By Mr. Comas-
A resolution appointing a committee from the House and Senate to notify the Governor that the General Assembly has .organized and is now ready for business.
Committe on part of Senate are Senators Comas, Jordan and Taylor.
Senator Turner, not haYing been present when the Sen.ate convened this morning, came forward and took the -oath o:f office, the same being administered by Judge Cobb, Associate J ust~ce of the Supreme Court.
On motion, the Senate took a recess, subjecf to the call of
the Chair.
The Senate was again called to order by the President.
The folowing message was received from the House, through Mr. Boifeurillet, the Clerk thereof:
Mr. President: I am instructed by the House to inform the Senate that the
House has perfected its organization, by the election of Ron. N. A. Morris of Cobb, Speaker; Hon. J. D. Howard of Baldwin, Speaker pro tern.; Hon. Jno. T. Boifeuillet of Bibb, Clerk; Ron. T. R. Penn of Jasper, Messenger; Ron. J. H.
Williford of Fayette, Doorkeeper, and is now ready to proceed
with t!he business of the session.

8

JouRNAL OF THE SENATE.

The following resolution was read and adopted:

By :Ur. Sullivan-
A joint resolution appointing a committoo of two from th~ Setnate and three from the House, to arrange for the inaugu-rial ceremonoies of the Governor.

Committee on part of Senate are Senators Sullivan and. Skelton.

'!1he following message was received from the House,. through :Ur. Boifeuillet, the Clerk thereof:

Mr. President: The House has concurred in the following Senate resolu--
tion:

A rSohrtion providing for a joint committee to notify the Governor the General Assembly is organized and ready for business.
House oommibtee: Messrs. Grice, Pa;te of Gwinnett, Davii. of Meriwetftler, Wilson, Knowles.

The folloWing report was submoitted iby the committee rup~ pointed to notify the Governor that the General Assembly was organized:

Mr. President:

The joint committee of i:ihe Senate and the House has-

waited on the Governor and informed him of the organiza-

tion of the General AsselD!bly, and the ffirvernor requests the

committee 'bo notify the Senate amd the House that he would

make a communication to them in writing later.

Respectfully rubmitted.

P. H. COMA'S, Chairman.

On motion, the Senate adjourned until to-morrow morningat 10 o'clock.

THURSDAY, OCTOBER 23, 1902.

Senate Chamber, .Atlanta, Ga. Thursday, October 23, 1902.

The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the f-ollowing members answered to their names:

Allen, Atkinson, Christie, Clark, Clements, Comas, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower, Hopkins, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid,

Roberts, Rountree, Skelton, Snead, Stevens, Sullivan, l!lwcat, l!lymons, 'J'aylor, Tisinger, Turner, Van Buren, Worsham, Mr. President.

Those absent were Messrs.-
Crumbley,

The Journal of yesterday was read and approved.
The following message was received from his Excellency~ the Governor, thrQugh his Secretary, Mr. Hitch, tQ wit:
Mr. President: I am directed 1by his Excellency, the G-overnor, to deliver
to the Senate a communication in writing, with accompanying documents.

10

JOURNAL OF THE SENATE.

MESSAGE.

To the Senate and House of Representati?:es :
In transmitting to you my last annual message I congratulate you on the auspicious circumstances which surround you. During the year which is approaching its close prosperity in all branches of business has bl~ssed the people of our State. Our farmers, upon whom those engaged in all other branches of business so largely depend, have been fairly prosperous. Labor hae been employed at fair wages, and we have had no conflicts such as have marred the prosperity and tranquillity of sister States between employers and employees. Money for all legitimate enterprises has been abundant. Business in all the avenues of trade has been good. Invested capital has yielded fair remuneration to its holders. No scourge or pestilence has visited our shores. Our common schools and our colleges have never been in better condition nor done better work. Our State debt, already small, is being steadily reduced. The volume of property returned for taxation is steadily in<:reasing, and the rapid rise in the State rate of taxation which marked the years from 1883 to 1898 has been arrested, and the annual tax rate has been reduced. All of our State institutions are in good condition and are doing well and efficiently the work for which they were intended, and upon the whole Georgia occupie& au enviable position in the sisterhood of States.
FINANCE AND TAXATION.
.A,s will be seen from the reports of the ComptrollerGeneral and the Treasurer, herewith transmitted, the total receipts at the Treasury for the fiscal year ending Septem-

THuRSDAv, OcToBER. 23, 1902.

11

ber 30th were $3,886,163, and the total disbi1rsements for
the same period $4,1(15,705. This excess of disbursements
over receipts is due to the fact that in order to pay as far as possible arrearages due teachers and to pay new pensioners admitted to the rolls, for whose payment no provision had been made, the General Assembly at its last sessi'on authorized the use iu payment of the interest on the bonded debt of a part of the money accumulated in the Treasury in the past f1om the sale ot public property. The amount thus applied was $325,880.. But for this extraordinary disbursement the receipts would have exceeded the disbursements $219,532. The receipts include $150,000 it became necessary to borrow in J nne, in order to enable the Treasurer to pay the teachers in the common schools for t\\o months of their work in the first half of the present year. Last year to be able to pay them for two months' work we had to borrow $200,000. This year to meet all other expenses, ,ncluding a largely increased pension roll, and pay teachers for two months a loan of only $1.50,000 was 'nec~ssary, but this year the rate of interest was higher. Last year, as was shown by his report, the Treasurer borrowed from Georgia banks at 2 per cent. per annum. This year when it became necessary to borrow I requested him to again endeavor to borrow from the h<Jme 'banks at a low rate of interest. He applied to them; but while they manifested a disposition t<J accommodate the State, it wa~, with two exceptions, at rates varying from 4 per cent. to 5 per eent. They all assigned as a reason for the high r:He of interest demanded by them the absdrpti'on in the channels of trade of the large surpluses they had in their vaults a year before when they loaned to the State at 2 per cent.,
and the active demand of thei~ customers for 'money grow-
ing out of the revival of business. !'After'this unsuccessful effort to place the loan in home ba'nks ~h1 rate of in-

12

JouRNAL oF THE SENATE.

terest satisfactory to me, I placed it with the National Park Bank of New York at two and a half per cent., which was the lowest rate obtainable in that city. This is a very low rate, considering the demands on the New York banks during the year for funds have been so heavy that call loans have frequently been made to their regular customers on the best collateral at 16 per cent. to 20 per cent., and sometimes even at a higher rate.
The aggregate taxable value of all the property in the State including railroads is $467,417,180. This is an increase over last year of $10,755,749. The rate of taxation for the present year was fixed by the Governor and Comptroller-General at $5.30 on the thousand dollars. This rate will yield a sufficient amount to meet all ordinary demandson the treasury n>r the next year.
It is gratifying to be able to report to the representatives of the people that the rapid advau~e in the State's rate of taxation which began in 1883, when the tax rate was $2.50 on the thousand and culminated in 1898 at $6.21, th~ highest rate ever paid by the people of Georgia, has been, as elsewhere stated, arrested and indeed reduced during the last four years to an average of $5.30! per thousand. This is a saving to the taxpayers of $1,600,000 in four years,. sixteen hundred thousand dollars less than they would, have paid had the rate remained $6.21. This reduction. has been rendered possible notwithstanding largely increased appropriations for pensions and schools, and special appropriations for new buildings at the University, the School of Technology and the State Sanitari11m, partly by the most rigid economy in other public expenditures, and partly by the increase in the property returned for taxation.
In thio;; connection I am glad to be able to say that all the appropriations made by the last Legislature have been sufficient to meet the demands on them, and there will be

THURSDAY, OCTOBER 23, 1902.

13

no deficiencies for you to provide for at this session. Indeed, there will be in some of the appropriations for the present year small unused balances which will revert to the treasury.

STATE INSTITUTIONS.

The attention of Senators and Representatives is invited

to the reports of the -tarious State institutions which have

been laid on your desks. These reports will amply repay

-careful perusal. The State University is perhaps in a bet-

ter condition, is doing better work and is more largely

patronized than at any time in the past. The two new

buildings provided for by your predecessors at their first

,gession, Candler Hall and Denmark Hall, were both rapidly

pushed to completion, and are two of the handsomest build-

ings on the campus, and afford ample accommodation for

the largely increased number of students in attendance on

the schools in Athens. The total number of students of

-college grad~ in all of the schools of the University is, as

the report of the President of the Board of Trustees shows,

2,018. The School of Technology, the Georgia Normal

and Industrial, the State Normal at Athens, the North

Georgia Agricultural, the Academy for the Blind, the

.School for the Deaf and the University for Colored People,

all supported partly or wholly by the State, are in fine con-

-dition and are doing good work

.

The average number of patients in the State Sanitarium

for the last year was 2,634, and the percentage of recoveries

of those receive<l during the year was 32.43. The total

-cost for maintenance of each patient during the year was

$112.68 per annum, or not quite thirty-one cents per day.

A very small amount considering the manner in which

they are cared for.

Two new buildings have been erected during the last

.two year5 at a cost of a hundred and fifty thousand dollars,

14

JOURNAL OF THE SENATE.

which will accommodate nearly fifteen hundred patients. These buildings were badly needed, because the institution has been overcrowded for several year<~ past, and there were confined in the jails in some of the counties quite a number of lunatics for whom no room cmld be found in the Sanitarium.
For the present year the appropriation for the support of this institution was $2!l0,000. Fqr the next year this amount will, for two reasons, be insufficient-the increased number of patients to be provided for and the general increase in the cost of everything necessary in the support of the institution. While rigid economy should be and is practiced by the present excellent management of the institution, we should not be parsimonious in providing for the wants of this, our noblest charity.

SOLDIERS' HOME A~D PENSIONS.
The Soldiers' Home, which was destroyed by fire a little over a year ago, has been rebuilt with the money for which it was insured, supplemented by voluntary contributions, in a more convenient and enduring form than before it was burned, and will accommodate 150 inmates.
It is again occupied by the veterans for whom it was built, and i:O filling a want that could not have been otherwise filled. There are now sheltered and provided for under its roof sixty-four decrepit old veterans of the war between the States~ all of whom would have been f 1rced by want and decrepitude into the county poorhouses but for this noble charity. During the last year twenty-one of the old herlles who had S>ught shelter within its walls have died. All are old and infirm, and in a few more years all will have crossed over the river to rest with the immortal Jackson " under the shade of the trees."
The tru!ltees of the institution, who work without compensation, have been indefatigable in their labors incident

THURSDAY, 0CTORER 23, 1902.

15

to the rebuilding and refurnishing of the home and in providing for the wants of those under their charge, and to them, and especially to their President, Judge W. L. Calhoun, the State owes a debt of gratitude for their unselfish devotion in their pat~:"iotic and philanthropic work.
The pension rolls still continue to grow, and unless there is some modification of the pension laws, it will be but a year or two till to meet their demands a million of dollars will be required., This year the appropriation for all classes of pensioners amounted to $858,000.00; next year, according to the estimate of the Commissioner of Pensions, it will be about $880,000.00
That tbere are many names on the rolls which ought not to be there cannot be doubted, and some reforms in the pension laws should be made in order to eliminate them. Pension laws are always abused and we cannot hope to make our system perfect, but we can approximate perfection by revising the laws so as to provide as nearly as possjbie for every worthy and needy ex-Confederate SQIdier, and at the same time exclude the impostors and those whose military services do not entitle them to the State's hounty.
To this end the Commissioner of Pensions makes some timely suggestions in his admirable annual report, to which I invite the careful attention of the' General Assembly. The adoption of his Sl}ggestions and recommendations, which are the result of experience and careful study of the subject, would greatly improve our system and be conducive to fairness and economy in the administratioq of the pension laws.

MISDEMEANOR CO.NVICTS.
I could not feel that I had come up to the full measure of my duty were I to go out of office without again calling the attention of the General Assembly to the present un-

16

JOURNAL OF THE SEXATE.

satisfactory way of disposing of misdemeanor convicts. The law as originally enacted contemplated only the estabHshmAnt by counties of county chain-gangs, to be worked . by the county for the county. But by an unwarranted stretch of the law other chain-gangs authorized by county authorities, aud nominally under their control, but worked not by the county nor for the benefit of thecounty,but by private individuals or companies for personal gain, have been ~stablished in quite a number of counties, sometimes two or three in the same county. Under the original act it was ~xpressly provided that two or more counties might unite and organize a chain-gang to be employed on "public works," and under the act of 1878-9 it was provided that a "county, incorporated city, town or village, which has Qrganized, or has determined to organize, a chain-gang to work misdemeanor convicts on its roads, streets or other public wo_rks" might hire t.his class of convicts from the -county authorities of another county having no chain-gang, but always to be worked on roads, streets or some other public works; but there is no express provision of law anywhere authorizing the hiring of such convicts to private individuals, nor for working them anywhere except on public works. But because comparatively few counties organized chain-gangs to work on public workR, it was often found difficult for the county authorities of counties having no chain-gang to dispose of their mieQ.emeanor convicts. Hence the expedient of organizing chain-gangs in the name of the -county, but really to be worked by private individuals for their own and not for the benefit of the county, was resorted to. Had there been a sufficient number of county chain-gangs in fact as well as in name to employ all misdemeanor convicts~ this evasion of the law would probably not have been resorted to. And if this class of chain-gangs were worked and governed according to law, there would be no great evil in the system; but in many cases they are

THURSDAY, OcTOBER 23, 1902.

17

not so worked and governed. To be operated according to law, all guards, overseers, whipping bosses and physicians. in charge of them should be appointed by the county authorities and paid out of the county treasury ; whereas these officers and agents are almost if not quite always employed and dischaged by the lessee and paid by him. He, moreover, prescribes hours and character of labor, as well as quantity and quality of food and clothing, and infiicts punishment at his own discretion. As a result it is alleged that in some of these camps convicts have been overworked, poorly fed and inadequately clothed, and that the punishment inflicted on them has sometimes been cruel, and in one instance that has come to my knowledge even brutal. Manycomplaintsofmistreatmentofconvictsreach the Executive office, and nearly all of them come from this class of chain-gangs, while but little, and I believe scarcely any, just complaint is heard from the State convicts who are under the direct control of the State Prison Commission, nor from the county gangs organized and worked by the counties for the counties under the immediate control of the county authorities. Nearly all the trouble is in these private unauthorized camps. The competition between them formisdemeanor convicts is sharp, and the prices paid for them are consequently so high that to make them profitable those who hire them spend as little as possible in feeding and clothing them, and at the same time exact from them all the labor possible. The evil practice, too, which has grown up in many of the counties of allowing court officers to divide out among themselves in payment of insolvent costs the money derived from the hire of this class of convicts is largely responsible for many abuses. Indeed it has been alleged that in some instqnces prosecuting officers and court officials who profit by this practice of collecting the hire of this class of convicts and dividing the money out among themselves in
2 i

18

JouBNA:L OF THE SBNATK.

payment of insolvent costs have a capital understanding with some lessees of misdemeanor convicts, and that such court officials are virtually recruiting officers for private chain-gangs. These complaints should be carefully looked into by the proper committees of the General Assembly, and ifit is found that there is any troth in them, severe penalties should be provided to stop practices so reprehensible.
To remedy these evils three things are in my opinion necessary:
First. The law should be amended so as to legalize. private chain-gangs, expressly authorizing the hiring of misde. meaoor convicts to private parties as well as to counties, towns and cities.
Second. All convicts, misdemeanor as well as felony convicts, except those worked by counties according to law, should be put under the immediate and direct control of the State Prison Commissio~, who should prescribe and ~nforce the same rules and regulations for the working and management of all classes, and be allowed to employ and discharge all guards and physicians, whippiog.bosses and Qverseers, and to employ a sufficient number of prudent, humane wardens to visit at least once a month, and oftener if necessary, every camp in the State, and see that the rules Qf the Commission are properly observed and the convicts humanely treated.
Third. The fee system should be abolished and all money derived from the hire of misdemeanor convicts should be paid into the county treasury, and all county judges and all solicitors should be paid salaries out of the county treasury. None of them should be dependent upon fees. Thus the temptation to institute frivolous prosecutions and to impose heavy fines and exact exorbitant costs in trivial cases would be removed, and there would be no ground to charge, that any county court is run in the interest of the proprietors of private chain-ga~gs.

THURSDAY, OCTOBER 23, 1902.

19

In this connection I desire to call the special attention ..of the General Assembly to the admirable report of the Prison Commission, in which will be found much valuable -information and many wise suggestions as to our prison "system and the future disposition of convicts.

PAYM~NT OF REWARDS.
Always hitherto rewards for the apprehension of fugi~tives from justice have been paid out of the contingent fund, hu~ in recent years the drafts upon this fond forthis purpose and for the payment of arbitrators inrailroad tax .cases have been so heavy that but little has been left for -ordinary contingent expenses. The expenses incurred by the State in the apprehension of fugitives are a part of the -cost of enforcing the criminal law and punishing crime, and ...are a legitimate ~barge on the fund arising from the hire 'of .convicts.
I therefore advise the enactment of a statute authorizing the Gover!}or to pay all rewards earned in the apprehen,~iun of fugitives from justice out of the hire of convicts .and not out of the contingent fund.
UNION PASSENGER STATION.
I transmit herewith the report or the Joint Committee 4ppointed under authority of an Act passed at the last ses.-sion of the General Assembly to provide for the erection ,of a new union passenger station on the site of the pres..ent union station in the city of Atlanta, and I regret that .this report reveals the fact that no progress has been made .toward the accomplishment of this greatly needed work.
The law under which your committee acted appropriated money to build a station, but provided that no work should olbe done and no money expended until all the railroads en-

20

JOURNAL OF THE SENATE.

tering the city had entered into a contract to become- tenants in the new structure until the expiration of the pres~ ent lease of the Western & Atlantic Railroad. It soon appeared during the progress of the negotiations between the chief executive officer!' of the roads and the State'srepresentatives that some of the roads did not desire to enter into such a contract, but intended as soon as they could secure titles to certain grounds for which their agents were quietly negotiating, to build a ,station of their own and were merely temporizing with the State to gain timein which to perfect their plans. Still your comm,ittee persevered and tried in every way possible to remove the objections made to the State's proposition, but to no effect. When one objection was met another was raised,:and nothing was left for them to do but report the facts to the General Assembly.
This failure of some of the roads to agree to the pro~ sition of the State, which was substantially the proposition submitted by them to the State two years ago, is tobe greatly regretted, since the removal of the union station from the present site on the State's property takes away from the State road much, perhaps one half, of its value; .
To avert so great a loss two suggestions have been made, one to so amend the act of the last legislature as toauthorize the committee to build without any contract with the roads as to the occupancy of the new structure. the other that the State extend her road now apparently at the mercy of other roads, to Savannah or Brunswick. Which of these alternatives, if either, the State should adopt, is a question for the reprPsentatives of the people' toanswer. To suffer her road to remain bottled up will destroy its value and greatly cripple the schools of theState, which are so largely supported out of the rental of the road.

THURSDAY, OCTOBER 23, 1902.

21

INEBRIATE ASYLUM AND REFORM SCHOOL.
. Georgia has been a foremost State in providing for her unfortunate citizens. Her institution for the care of the insane is unsurpassed by any other institution of its character in the country, and it is amply supported out of the State treasury at an annual cost of more than twice the cost of the -entire civil establishment. Ample provision has also been made for the education of the deaf and the blind, but for two classes of our unfortunates, the inebriate and the juvenile offender, no sufficient provision has been made. By the .establishment of an inebriate asylum the State Sanitarium would be relieved of a large number of unfortunates who .are now crowded into it, for whose treatment the institution is not prepared and was never intended. It is cruel and wrong to confine these patients with lunatics when by the establishment, on a moderate scale at first, of an institution in which they could receive proper treatment, most ..of them could be restored to happiness and usefulness.
The want of a reform. school for juvenile offenders, in which they can be not only educated but. reformed, is .equally urgent. To manacle with chains, or confine within prison walls, in hourly contact with the basest criminals, the boy of twelve or fourteen years, the child perhaps of a widowed mother, or an invalid father, unable physically to look properly after him and exercise that parental control necessary with all children, is a crime against humanity, .and to suffer it longer will be a reproach to the State. In the reform school such a child could, and in most cases would, be reformed and educated for useful citizenship, but if confined in the chain-gang or even at the State farm along with felons, he most frequently comes out not reformed, >but hardened in criminality. . I earnestly recommend the establishment at once, on a \llloderate scale, of these two institutions, to be 'supported

JOURN'AL OF THE SENATE.
partly or wholly by the State and governed as the State-Sanitarium is now governed, by a Board of Trustees appointed by the Governor. Provision should be made for the reception of pay as well as pauper applicants. In thi& way the expense of supporting these institutions would be- largely met by the families and friends of pay inmates,. and the remainder by the saving in expenses of the State Sanitarium and the State farm, from which the patients in. the inebriate ~asylum and the pupils in the retorm school: will be largely drawn.
CONSTITUTIONAL CONVENTIO~.
It has been a quarter of a century since the present Constitution of Georgia was adopted. Under the provisionsof the reconstruction acts of the Federal Congress a con- vention to frame a new Constitution was held and a Constitution was adopted which, while excellent in many of' of its features, was not the work of the people of theState, and was not adapted to the conditions that prevailed in Georgia at that time, nor to the needs of a people fourfifths of whose material wealth had just been destroyed by the results of the war of secession. Under its provisions anera of speculation and reckless enterprise and extravagance was inaugurated. The credit of the State was loaned. to railroad projects in which there was no merit, and consequently great losses resulted to the State and great damage to her credit. A reammoth homestead exemption from levy and sale for debt vas provided for, ostensibly in. the interest of the masses of the people impoverished by the results of the war. Its effect was, however, to totally destroy the credit of nine-tenths of tl em. The ballot wa& put into the hands of every male Ferson twenty-one years old and upward without regard to his virtue or his intelligence. Elections became corrupt, the balance of power being, in almost every county, in the hands ofthe ignorant.

THURSDA~, OcToBER 23, 1902.
and venal. Suffering from. these evils, the people of the State demanded another convention to revise the organic law, and in 1877 it was held.
Action and reaction are always equal and in opposite directions. - The convention of 1877 we~t as far in the direction of economy and even parsimony as that of 1868 bad in extravagance and wastefulness. Under the latter the flood-gates were opened, under the former enterprise has been hampered and energy paralyzed. While under its provisions we have grown recklessly extravagant in some things, we have practiced niggardly economy in others. Frequent amendments of the organic law through the General Assembly have been adopted from time to time, till it is now a piece of patchwork, and it cannot be said to have been as a whole improved. It is often ambiguous and always ill adapted to the conditions which now prevail. Hence, there is among thinking men a wide-spread feeling in favor of another convention of the people to revise the Constitution and amend it so as to improve it and adapt it to the conditions which now surround us.
All the neighboring States have in the recent past found it necessary to call conventions for this purpose, and all have greatly improved their Constitutions. In Georgia there are three crying evils demanding a remedy, either one of which is of sufficient importance, if the convention should do nothing else, to warrant the people in assembling in convention.
First. The restriction o(the elective franchise and the elimination of the venal and corrupt vote.
Secondly. A constitutional provision giving the Legislature more ample power in dealing with trusts and corporate monopoly.
So great has grown the tendency to the formation of trusts to control all the necessaries of life and so great the power of corporate monopoly, that it will require the com-

24

JOURNAL OF THE SENATE.

bined effort of both the State and the Federal Government to restrain and hold them in check. Already almost every article in common daily use and of prime necessity in everyday life is controlled by trusts, and the wholesale combinations made in trade and transportation are rapidly closing to the young men of the country every avenue to successful business enterprise. To curb these gigantic combinations and protect the people against the insatiate demands of corporate greed more ample power must be given the Legislature. The safety of the people must be made the supreme law: and this maxim must be embedded and vitalized in the constitution. For years Congress has been discussing the matter hut has found no adequate remedy, and the Legislature, hampered by a constitution framed to meet other conditions has been equally unsuccessful. Now, we owe it to the people to give them a chance to act. They are sovereign and can find and apply a remedy.
Third. A better and a safer method of selecting judicial officers.
Georgia has in her past history employed at different times four different ways of naming these officers, but it can be safely said that the present mode is the most objectionable of all. It will not do, and this is being demonstrated every day, to have the officers who are to sit in judgment on the rights and liberties of the people chosen in the arena of partisan and sometimes corrupt politics. We have as yet had no corrupt judges, but under the present system it isonly a question of time when we will.
There are many other respects in which the present constitution could be greatly improved.
Nearly all are agreed that the forep:oing propositions are true, and the only objections I have heard urged against the assembling of a convention are the cost and a fear that the corporations would get control of the convention and secure the adoption of a constitution mor2 favorable w

THURSDAY, OCTOBER 23, 1902.

25

them than to the people ; in other words, a constitution which would enable the corporations and not the peo1>le of the State to control legislation and dictate the policy of the State. I entertain no such fears. That au effort in this direction might be made is possible, but that the people of Georgia can be driven by the agents of the corporations or bought with their money I am not ready to Cf)ncede. I have heard no complaint that this l1as been done or attempted in neighboring States which haYC' called comentions to revise their constitutions, and I have J!O ieat that it would be done in Georgia. The people of this State can neither be bullied DOl' bought, I therefore advise that JH'o\ision he made at this session for a convention of the people to assembl~ during the next year for the purpose of revising the organic law.

TAXATION OF RAILROADS.
Much complaint has been heard in the recent past that the railroads in the State are not bearing their proportionate share of the burthen of taxation. In some cases this complaint has been just; in others unjust.
Corporate property as individual property should be taxed according to its actual value. .This is the spirit and the intention of the law and the problem to be solved is how to arrive at its "fair market value." Under the present law, the Act of 187-l as amended by the Act of lS 9;the presider.ts of the railroad companies operating in this State are required to make a. return under oath to the Comptroller-General of "each class or species of property to be separately named and valued.'' Thus each company returns and values its road-bed, its locomotives, its passenger cars, its freight cars and even its trestles and bridges separately, and herein the great inequality so justly complained of arises. The presidents of some roads put a fair aggregate valuation on all of the property of the ro~d

26

JouRNAl, oF TilE SJo~NAT.E.

considered as a unit, and apportion this total valua'tioo among the several items, road-bed, locomotives, cars, etc., as best they can in an effort to comply with the letter of the l~w; while others insist on putting on each item returned in the schedule such price as it would probably bring ifsold independently of all the others. An engine, however new or good, is returned at .a low price for a second-hand engine, the rails are valued at the price of " old rails" or scrap iron, etc. This is manifestly unjust. to all the taxpayers in the State, including those railroad companies wbieh return their property at a fair valuatiou. It is an evasion of the spirit of the law and the evil call~> loudly for a remedy. The great inequality thus arising i~ rendered possible,only by our system of taxing these corporations. There should be no separation of the items entering into the building and operation of a railroad. It. should be treated as a unit. It is as absurd to value separately for purposes of taxation the rails, the engines, th~ cars and the bridges of a railroad as it would be in returning a mill for taxation to put a separate valuation on the driving-wheel, the line of shafting and the dam. The whole road and its equipment should be taken together and valued as one whole, for without either one of the constituent elements the others become practically useless. It takes rails, cross-ties, engines and cars to make a railroad. These things, together with the franchise, the privilege granted it by the State to exist and do business in the State, are the essential elements entering jnto it and constituting its true value. The true measure of the value ot any piece of property is its earning c11pacity. This general proposition is modified to some extent in railroad property by the physical condition of the road and rolling-<stock. If the road-bed and equipment of two railroads are equally new and good and their net earnings per mile are the same,. they should be valued for. taxation at the same price; but.

THU:RSDA'Y, OCTOBER 23, 1902.

2T

if their earnings per mile are the same while the rails and rolling-stock and cross-ties of the one are new and in good order and but little worn, while those of the other are old and well worn, this should be taken into the account in assessing them for taxation. That company whose road and equipment are in good order with ten years of future service in them should be assessed higher than another road earning the same income per mile but having but five years of service remaining.
But it is sometimes urged that we ought not to tax franchises. why not? In Rome species of corporate property the franchise is the most valuable part of it. Such corporations as telegraph and telephone companies, if Wt~ leave out the franchise, and tax only their tangible property, which is at best of small value, will, while paying enurmous dividends, esca~ the burthen of taxation borne by houses and lands and merchandise and every other species of visible property. Our law, enacted more than a half century ago, says "all property or other thing of value must be given in at itR fair market value, and must be taxed according to its value." The franchise of a railroad is a ''thing of value" and is subject to be taxed, and ought in justice to all the taxpayers to be taxed.
Adopting as the rule for estimating the value of a railroad for taxation the theory that the true measure of its value is its earning power, modified as above suggested, the question arises as to how best to arrive at its true value. Nobody is so well fitted to judge of the value of a railroad as the men who deal in the stocks and bonds of railroads. Perhaps every railroad in the State has, in addition to its stock, a bonded debt. Its true value is indicated by the price at which its stock and bonds sell in the markets. If a railroad company ltas put on the market a million of dollars of its bonds and a half million of'its stock, and if these bonds and its stock sell in open mar-ket

28

JouL~~AL oF TilE SENATE.

at par, the real value of the road is a million and a half

dollars, because it pays a fair interest on that amount and

there lore ought to be taxed on that valuation. If on the

other hand, its bonds, which take precedence of its stock,

being secured by a mortgage on all the property of the

road, bring par in the open markets and its stock only fifty

eents in the dollar, the road is worth, not a million and a

half but only a million and a quarter, and it ought to be

taxed on that valuation, because it pays a fair interest

only on that amount. Again, if the million of dollars of

the bonds of the same road command in the markets par

and the five hundred thousand dollar~ of stock a premium

of a hundred per cent., two dollars for one, then the true

value of the road is a million of dollars, the true value of

its bonds, plus another million of dollar~, the true value of

its five hundred thousand dollars of stock, or two million

of dollars, and it ought to pay tax on that amount because

it earns a fair interest on that amount.

Substantially this plan of taxing railroads prevails in a

number of States, nQtably the two great States of Pennsyl-

vania and Illinois, and it has among its other obvious ad-

vantages the ad\antage that it has been passed upon and

sustained by the highest judicial trihunal in the country.

In passing upon a case which went up from Illinois, Jus-

tice Miller said: "It ma.v be assumed for all practical pur-

poses, and it is perhaps absolutely true, that every railroad

company has a bonded indebtedness secured by one or

more mortgage!:!. The parties who deal in such bonds are

generally keen and far-sighted men, and most careful in

their investments. Hence the value which these secur.ities

hold in the market is one of the truest criteria, as far as it

goes, of the value of the road.

It is therefore

obvious that when you have ascertained the current cash

value of the whole funded debt, and the current cash value

of the entire number of shares, you have by the action of

THURSDAY) OCTOBER 23, 1902.

29

those who, above all others, can best estimate it, ascer-. tained the true value of the road."
This mode of ascertaining for purposes of taxation the true value of.railroad property is so fair, so equitable and so just that I do not see how any fair-minded man can object to it, and it would certainly be a vast improvement on our present system, which experience has proved to be so objectionable.
But it may be said that there are roads whose stocks and bonds have no market value because the roads earn nothing but operating expenses, and sometimes not even that, and that the plan of taxation suggested above cannot for this reason be applied to them in fixing their value for taxation. This is true, but let it be remembered that the object in view is to ascertain the true market value of the road, and if the mode of doing this, which can be applied to almost all the roads, cannot be made to apply to a weak road here and there, whose stock and bonds have no market value, this does .not argue that the road has no value and therefore ought to pay no t~~;x. In all such cases the road is worth what the materials in it would bring if they were taken up and sold as second-hand materials, and this should be taken as the true value of the road in assessing it for taxation.
I therefore recommend that a law be enacted making the aggregate market vulue of all the stock and bonds of a railroad partly or wholly in this State the basis of taxatior of such railroad when its stocks or bonds, or both, have a market value, and that when they have no market value the price at which the materials in the road and equipment would probably sell if taken up and offered at auction be taken as its true value, and that the proper officer of such companies be required to return their property for taxation upon this basis. The ComptrolJer-General should have the same right he now has to raise the valuation.pot upon

zo

JouRNAl, oF THE SENA"l'':.

.the road in the return, if in his judgment it is too low, and if the authorities or the road are not satisfied with the valuation of the Comptroller-General, they should be given the right of appeal to the State Railroad Commission, whose decision should be final. This would be bf!tter, more expeditious and cheaper than the present mode of arbitration. If any constitutional barrier is in the way of the enactment of such an arbitration law, the constitution should be amended to remove it.

TAXATION OF COLLEGES.

In justice to some of our institutions for higher educa

tion, I desire again to call the attention of Senators and

Representatives to a departure from a long-established pol-

icy or the State with respect to her colleges, tnd I cannot

perhaps do so more forcibly than to repeat what was said

to your immediate predecessors who passed in the Senate a

bill which was, for want of time, never reached in the

House of Representatives, to carry the recommendation

intll effect.

'

By an act approved on the 21st day of February, 1850,

the colleges of the State were ex~mpted from taxation.

This statute was never formally repealed, but an unsus-

pected paragraph of the Constitution of 1877, which was

perhaps not carefully scrutinized before its adoption, bas

been construed to repeal it. There was no demand from the

people for its repeal, and there is good reason for believing

that a majority of the people did not and do not desire the

property of the colleges of the State taxed. The taxation of

these institutions of learning cripples them, but it does not

appreciably increase the income of the State nor sensibly

lighten the taxes of the individual citizen. The incorpo-

rated colleges, the title to whose property is vested in a

board of trustees, are not conducted for purposes of private

THURSDAY, OCTOBER 23, 1902.

31

or corporate gain, but they render a public service of great benefit to the commonwealth. Their value to all the people of the State in the promotion of learning, in the contribution made by them to the teaching force of the common schools, and in the general uplifting of the material and intellectual prosperity of the State, entitle them to the <lonsideration accorded them by the Act of 1850. Their taxation acts as an embargo upon enlightenment, and as a discouragement to that generosity toward colleges and universities which is all too uncommon in the South. The hardship which results from such taxation falls especially upon colleges for our white people. The colleges for the <lolored are maintained for the most part from sources of income located in organizations and endowments beyond the limits of the State, and thus they escape much of the taxation which falls on the colleges for the whites.
In view of all these and other considerations which might be mentioned, it would seem that it behooves us to return to the enlightened policy of the State adopted before the war between the States, and from which we, without the knowledge of the people, unwittingly departed in 1877. At any rate no harm can be done by submitting to the people an amendment of the constitution permitting the legislature to exempt from taxation the property of colleges the title to which is vested in a board of trustees solely for educational purposes, and not for individual gain. The people may be safely allowed to say at the ballot box if they ean afford to trust the General Assembly with snch power.
Believing that the wcltarc.> of the State would be promoted by such exemption, T cc.,mrncnd that an amendment of the constitution authorizing it be submitted to the people for their ratification or 1-ejection at the next general election.

32

JOURNAl, OF TilE SENATE.

PRESERVATION OF THE ARCHIVES.
I beg again to call the attention of the General Assembly to the importance of making some immediate provision fol" the preservation of Georgia's Colonial, Hevolutionary and Confederate Records. Many of the~>e records have been already lost or destroyed, and many more are going rapidly to decay and will soon be lost unless provision is made at once for their preservation. Even the copies of the muster.rolls of the Georgia troops in the war between the States, obtained some years ago from Washington, are wearing out from frequent handling, and there are in the war office rolls of many Georgia organizations of which we have never had copies. Our colonial and revolutionary records have fared even worse. Many, perhaps mostofthem, have been lost, and in a few years more but few of them will be left if provision for their preservation in an enduring form is not made at once.
Georgia has an honorable history. The escutcheon of no State is brighter. Her history and the history of the achievements of her illustrious sons of the past should be preserved for the information of the future and as an inspiration to those who are to come after us. All of the older States have had compiled or made preparation for the compiling and printing of their archives. Georgia, nevet a laggard in other things, should nut be a laggard in this patriotic work. Two organizations of patriotic women, the Daughters of the Revolution and the Daughters of the Confederacy, have already done much in the way of compiling and preserving these records, but they cannot do all. The State must help. Will thesons and brothers and husbands of these noble daughters of Georgia refuse the pittance necessary to complete the work they have b,egun and prosecuted with such unselfish devotion? I do not believe it.

THURSDAY, OCTOBER 23, 1902.

33

I therefore earnestly recommend that the Governor be .authorized to appoint some fit and proper person, at a salary not to exceed two thousand dollars a year, for not exceeding three years, to take charge of the work and cooperate with these ladies in compiling and publishing the Colonial, Revolutionary and Confederate records of the State. He .should be allowed a reasonable amount for copyists and typewriters, and the printing and binding should be done lby the State Printer at the same price and in the same .manner as other public printing.

LOUISIANA PURCHASE EXPOSITION.
The General Assembly at its last session provided for the .appointment of a commission "to take proper steps to see i.hat the State of Georgia is properly represented" at the Louisiana Purchase Exposition, and authorized the said -commission "to devise any legal means to see that the agricultural products and other resources of Georgia are represented at said Exposition.''
It will be impossible for the commission to make a deeent exhibit at this exposition, and one that would do justice to our boundless resources, without the financial aid of the State. An effort was made to have exhibits at both Buffalo .and Charleston, and for this purpose the paltry sum of a thousand d'ollars was appropriated. This money was worse than wasted. The exhibits that it was possible to make with so small a sum were of no value to the State, but did actual harm. Persons seeing these ''Georgia exhibits" were impresRed with the apparent paucity of the State's resources, when not one-twentieth part of them were repreeented.
If we are to make any sort of a display of our resources at the great exposition at St. Loui~:~, we should make one that will be a credit to the State, otherwise we should make none. To make such a display as should be made money should be appropriated to enable the commission to
3 sj

34

JOURNAL OF THE SENATE.

do it. In the past it has sometimes been urged that a1 appropriation for such a purpose would be unconstitutional and this has been the excuse for the scanty appropriation& for the Buffalo and Charleston expositions. But it was a lame excuse. If au appropriation of one thousand dollarscould be made without violating the constitution, ten thousand could have been appropriated. The truth is there isno constitutional inhibition. The constitution declares that "the General Assembly shall not, by vote, resolution or order, grant any donation or gratuity in .favor of any person, corporation or association." This is all. An appropriation from the State treasury to exhibit and advertise the resources of the State at a great e~position is not a donation or gratuity, and if it were, it is not made to"any person, corporation or association." It is simply the u~e by the State of the money of the State for the benefit of the State. Georgia should exhibit her resourcesat this great exposition, and in order to enable her commission to make a creditable exhibit the General Assem~ly should appropriate an adequate amount for this pur-
wse.

CONCLUSION.
In taking final leave of the General Assembly I trust I._ will be pardoned if I impress upon its members the gravityof the responsibilities the people have imposed upon them. The welfare of about two and a quarter millions of people and the honor of a glorious old State are for the time being: committed to your keeping. This is a grave responsibility. Let all of your official actions conform to the legend inscribed on the hitherto untarnished escutcheon of our State:. Wisdom} Justice, Moderation. Let Wisdom mark all ot your deliberations; let Justice to every class for whom you must legislate characterize your every act; and let Moderation guide you in every step of your legislative caren~

THURSDAY, OCTOBER 23, 1902.

35

Thus you will honor yourselves and bring blessings upon the people who have honored you, and show to the world :-hat Georgia has placed herself in the van of progressive hut conservative States, and that her people have taken their position in humanity's grand march toward the ideals o!" au c,er-advancing Christian civilization.
ALLEN D. CANDLER.

36

JOURSAL OF THE SE...~ATE.

APPENDIX.

EXECUTIVE CLEMENCY.

PARDONS G>RANTED.
}f. C. Turner and Geo. Shipm"clin-CO'D!Victed at the February term, 1901, of the superior court of Gordon county, of selling whiskey illegally, wnd sentenced to $100 and costs, and :jjhree months in jail, and fifty dollars and cost an'<l three montllhs in jail, respectively. Paid their fines ankl served one month in jail. Paroon recommended by the judge, ooliciror, jury and many citizens. Granted August 5, 1901.
W. I. Flanigan-Convicted at the J anu:ary term, 1901, of the superior court of DeKalb cmm1ty, of the offense of illicit distilling of whiskey, and sentenced to twelve months on the chain-gang. Ha:d been previously convioted. and sentenced to foor months imprisonment in the United States Court, which term he served. Has now served six months of his sentence in the S'ta<OO coul"'5. Judge w'ho sen.tenced him urged his pardon, -anld many good citizens of J ackoon: county request clemency in his behalf. Pardon granted August 5, 1901.
Gus Hawshaw-Oonrvicted at the February term, 1901, of the superior court of Hall county, of carrying concooled weapon':! -and larceny, and sen!tenced to twelve mont>hs in each case. Ba'dly crippled and diseased, and unable to work. Pard@ graruted August 15, 1901.
Frank Diamonid-Convicted at the October term, 1900, of the superior court of Whitfield county, of the crime of larceny, and sentenced to twelve months on the chain-gang. Served out all of his rerm except about thirty days, and the camp physician certifies that he is in the last stages of consumption. Granted August 14, 1901.

THURS:D'A:Y, OCTOBER 23; 1902.

37

John Norris-Convicted at the March term, 1893, of the superior oount of Hal't oouroty, of burglary in five cases, and
senltenced rto twe:nty-ninre yea:rS in the penitentiary. Crime
coonm!itted when he was only seventeen years of age, and ooted under ihe infiuen!Ce of older persons. - Has served over eight years, an'd his .Pardon :recommended by the judge, solicitor, jury, COUility officers, the prosecutors and many citizens. Granted August 15, 1901.

Ernest C. David-----<Jon'Vicied at the .Tanuary term, 1901, of
the superior caurt of Fulilon cauDJty, of tihe offense of burglary. Senirenood to ilwelv.e m<m.ths on the chain-gang. Only eigh}f;een years of age. Served abo1,1t se:ven monlillls of his sentence, and subjeCt to epileptic fiits. Convicted on circumstantial evidenoo. Pardon granted August 15, 1901.

M. E. Allen-Convicie:d at the February term, 1901, (}of the perio:r court of Terrelf county, of murder, and sentenced to senltenced 'to eight 'moruths on the chain-garig. Served more than six months of his sentence and deve:loped rheumatism anld kidney disease. Pardon re'C'O:mmended by the trial judge, solicitor and jury. Granted September 6, 1901.

C. S. Allen-CODIVidted at the May term, 1895, of .tlhe superior court of Terrell oounJty of murder, and sentenced to life imprisonrmentt. It appears from the evidenre that aver'diot for volunltary manslaughter would ha'Ve been proper. Has served about six years, and his pardon is :recommended by the judge and solicitor that tried him, the jury that convicted him, and many county officers and citizens. Pardon granted September 28, 1901.
Ha'titie Hargrave-C(}n'Vidted at the Fe~bruary term, 1901, of ithe superior court of Taliaferro coun'ty, of asStault and ba:ittery in .tJwo cases, and sentenced to fine of $100 or six months in each <Jl:!Se. H appears from the evidence that she was not the aggressor in the fir9t case. She has served over seven months and is in bad health. Pardon granted October 3, 1901.

Robert L. S'\].rtees-Convicted at the spring .term, 1898, of

the superior court of Dodge county, of forgery, and senienced

to four years in the penirentiary. Has served all his sentence

except two days with good behavior. Pardon granted

October 10, 1901.





.JOURNAL OF THE SENATE.
John Field-CoDJVicted at bhe spring term, 1893, of the superior court of Hant county, of iflhe crime of burglary in five cases, and senben.ced to twenty-four years in the penitentiary. Was only sirleen. years of age when the crimes were commitited, anrl aoted un!der the influence of older persons. Has served more than eight years of his serutenoo. Pardon recomme.nlded by the trial judge, solicitor and jurors. Gra:n1ted Octdber 10, 1901.
Bl!llnche Freeman---'Con'Viebed alt the May term, 1901, of the superior cou~Ut of Muscogee county, of fornication, and senlteiiJOOd .to six mon!ths in jail. Served five mffillths of her senltence, and pardoned for the :reason that she was in an advanced state of pregnancy. PaTdon granted October 26, 1901.
Bazeen Carver-Convioted at the October term, 1897, of
the superior court of Coffee counlty, of V'Oluntary m:anslaugbiter, anrl sentenced .to ten years. Sentence previously commuted to five years, moSt of 'Wihicll he 'has served. ConsideraJble doub't as to his guilt. Pardon granted November 2, 1901.
Jake Marshall-Con'Victed at the May !berm, 1901, of the city recorder's coul't of Augusta, of carrying pistol oonooaled, and senteTIJCed to fine of $300, or .furee monlbhs on lfue public works. He also plead guilty in the city court of Richmond
coun!ty to ilhe same 10tfenae, and sentenced to pay fine of $50,
or six months on the purblic works. He served out 1lhe recorder's sentence and a portion of the serutence in the .city court. The jud~ of the city court recommends his pardon. Pardon granted November 5, 1901.
James R-obinson-Convicted at the June term, 1899, of fue superior oourt of Burke county, of volunltary manslaughter, and sentenced to fifteen years in the penitentiary. The killing took place in a diffioolty, in which fue deceased was the aggressor. His pardon is recommended by the jud~ and solicitor that tried him, and the jury that con<vioted him, and many citizen~ of Burke counlty. Granted NovembeT 8, 1901.
W. J. Gunn-ConvictOO at the fall term of the superior court of Colquift county, of forgery, and sentenced to two years. He was addicte'd to the use of opium, which probably

THURSDAY, OCTOBER 23, 1901.

39

weakened his mind and character. ':Dhe forgery was of a trivial mture, as he only obtained a cheap pair of shoes. His pardon recommended by .the judge anid solici'tor-general .and county officers. Granlted NQvem'ber 9, 1901.
Albert Walker---'Convicted at the MMch term, 1901, of t'he superiQr court of Bibb coull'ty, of burgl-ary, and sentenced to twelve mQnths on the chain-gang. The crime was insignifi-
-cant, as he only obtained two dress skirts belonging to his
mother, and -whQ, in anger, prosecuted him. Pardon granted November 12, 1901.
A. A. Gay-Convicted at the April ixlrm, 1900, of the supeTior court of Emanuel county, of V'Oluntary manslaughter,
:and sentenoetd to four years in the penitentiary. 'l'here was
grave doubts as to his guilt, on account of which the judge .and solicitor fuat tried hi.m. the jury that con'Vic!ted him, the _grand jury that indicted him, and manlJ citizens, including the prose'Clltor, recommend his pardon. Granted November 13, 1901.
C. H. Franklin-Convicted '!lit the O<Mber term, 1881, of -the superior court of Bibb county, of murder, and sentenced to life imprisonment. There were no eye-witnesses to the :killing.: the evidence entirely circumstantial, and he has always pro'tested his innQceno<Je. Has served twenty yeM"S wt nard la'bor, whiC'll is equivalent to a sentenrce of thirty yean, -counting good behavior. Is now 'O'V'er fifty years of age and has lost one of his hands while pe!'lfornning his duties as a .:convict. Pardon granted November 19, 1901.

William lJOyd-Convicted at the fall term, 1898, of the superior court of Chatham county, of simple laroeny, anld sentenced to four years. His coniduct has been exemplary, and -on one occasion he assi~ted in the capture of an escaped conyict. Pardon granted November 27, 1901.
T. B. Henderson-Convicted at the April term, 1893, of the superior court of Newton county, of voluntary manslaughter, and sentenced to fif.teen yea<rs. Has served a tenn -equivalent to eleven years, with good conduct. Pardon recom~ mended hy ten members of the jury that tried him and the .county officials. Granted November 22, 1901.

40

JouRNAL oF THE SENAT&

Alex West-Convicted at the September term, 1900, of th~
superior court of Clay county, of larceny, and sen;oonced to.
iJhree yeaTS. Was oonvic'ted on circumstantial evi'dence, which was very doubtful and uncer.tain. P.aroon reoommen:ded, by-
the judge, solicitor, jury, and many citizens. Gmn'bed. December 3, 1901.

Andrew Leigh--Oontvicted a't the March term, 1901, of th~ city crimimtl court of Atlam.'ba, of keeping a gamblin!g house,.
and senten'OO<l 1Jo twelve months. Was also convicted of gaming, and for tha.t offense sentenced to six monJths. Both conviclions grew ouit of the same transaction, '8!II.d he has served out the rbwelre months sentence. The judge anld solicitorrecoiilmend his pardon. Granred December 14, 1901.

. J. C. Peugh-Convicwd at the August term, 1899, of thesuperior court of Spalding 001111ty, of sim'Ple larceny, and sentenlced to five years in the penitentiary. Served two yearsand four months of his sentence. Pardon :recommended by the proselcutor, grand jurors, the judge and solicitor, and many citizens. Granted December 14, 1901.

James W. Wood-Conviated at the February term, 1901, of the superior cour.t of Jackson cOUD!ty, amd sentenced to threeyears. 'rhe crime charged was tha.t of incestuous fornication,. alleged 'to ihave committed on 'his daughter. She afterwards made affidavit that she had sworn falsely against her father and that he was innocen!l;. He had always 'borne a good character. Pardon recOIIl!lllended by the trial judge and solicitor, the jury that convicted him, a:nd the couniy ~ffioors. Granted December 16, 1901.

Charlie Spanish-Convicbed aJt the Ociober term, 1893, of the S'llperior court of Thomas county, of burglary in two cases,. and sentenced to ten years in the penitentiary in each case. He has served QUt one term of his seDibence. The judge statesthat through a miEfulke, he imposed a ten-year sen'bmce in each case, when he only inoonded to give him ten year!! in l1ath cases. P.ardon recommended by the trial judge and the representatives from Thomas county. Gra'nlteld DE!IflP.Illbt!r 18,. 1901.

THURsDAY, OCTOBER 23, 1902.

'41

Samuel Keel-Convicted at the September term, 1901, of the superior cou:r't of Newton county, of burgl:ary, and sentenced to twelve months. The prosec..t.vr urgts his pardon, on the ground that facts have develope~ si~3 the trial that cause ihim to doubt the defendant's guilt. P~rd~:m granted Decem'ber 21, 1901.
.Jasper J. Doss-Convicted at the September term, 1900, of the superior c0111r.t of Oherokee county, of assault and batt~ry in ;I;WQ cases; of furnis'hing liquor .to a minor and using obsoone language in the presence of a female. Senrtenced to twelve months each, in the first two cases, and three months each iD. the obher two. Has served sixteen moni:ib.s on thE' chain-gang, which is i:ib.ought to be sufliciwt punishment. Pardon recommended by the judge, jury, and ma.ny good citizens.
Granted .January a, 1902.

Spencer Evans-Convicted at the November term, 1899, of the superior courrt; <Yf Wilkes county, of rape, and sentenced to ten .years in the penitenltiary. When convicted he was only twelve years of age. The pr0ecutor now recommends ilhat he be pardoned. Has servE.'d more than two years of-!his sentence. Pardon granted January 4, 1902.
Lester LaivE.'ntler and Ned Moose--Convicted at tib.e October term, 1899, of the superior court of Lumpkin county, of simple larceny, and S'Iltenced to four years. T!hey were less 1llhan twe'D'ty yrors of age when the crime was committed. Whil<: on a drunken spree they took and rode away two horses. They have served more than two years of the senten100, and their pa:rdon is recommeded by ilhe judge, solicitor1 trial jury llJld grand jury. Granted January 4, 1902.
Coos. Ramsey-Convicted at ilhe November term, 1870, of the superior court of Troup county, of murder, am.d sentem.ced to life impriSOll'IDent. Ras"served more than thirty years with exemplary conduct. His pardon is recommendOO. by ihe county officers and many citizens of Troup counlty. Granted January 4, 1902.
Lum Stricklamd-Convic.ted at the March term, 1890, of
the superior court of Floyd county, of murder, and sentenced to life imprisonment. The evidence was very conflicting, and a verdict of acquittal would not have been improper. Thi&

42

JOURNAL 0!' 'l'ftE" !SENATE.

view of the case is upheld by the Sup:retoo Court. Pardon recommended by the judge that sentenced him and eight of the jurors that convicted him. Granted January 4, 1902.

Will Smith-Convicted at the

term, 1894,

of the superior court of Fulton county, of arson, anJd sentenced

to life impriSOIIlment. Considerable dowbt as to his guilt, ae

the fire appears to have been more the result of carlessne$

than criminal intent. His pardop. is recommended by the

prosecutor and many citizens. Granted J amw.ry 4, 1902.

W. Andrew Sbuckey-Convicted art; the November term,
1898, of the superior court of Vmrens oountty, of murder, and
seJlltenrced to life imprisonment. The principal witn!ss against him has since been shoWDt to be wholly unreli~ble. There is eonsiderable doubt as to his guilt. His pardon is urged by the judge and solicitor that tried him, the jury thra.t convicted him, and many good citizens. Gra.nrt:.ed January 10, 1902.

Walter Jordan-Convicted at the December term, 1901, of
the city court of Floyd coUJruty, O>f stabbing, and sentenood to pay a fine of $75, or six months. He is shown: to be an ignor-
ant, weak-minded boy, IJbouJt seventeen yeaTS of age. The evi-
de'Ilce shows that his advel'S'Ilry had him down beating him,
when 'he inflicted a slight wound with a knife. He <Was ad-
vised to p1ead guilty during the absence of his counsel. Par-
don gran.ted January 17, 1902.

,Tames G. Craig-Convicted at the Octolber tenn, 1901, of
the superior court of F1libon county, of forgery, and sentenced
to six months. Was addicted to the use of morphine, which
probably rendered him morally irresponsible. Pardon recommended by the prosecutor, illie solicitor, and other good citizens. Granted January 25, 1902.
Joe Phelps---~Convicted in 1884, in the superior court of Randolph county, of murder, a'lld sentenced to life imprisonment. He was a mere boy and was convicted em the eviden~ of a witness who haJS since been indicted for perjury and fled from <the State. He has served eighteen years with good conduct. Pardon urged by more than 500 citizens o'f Randolph county; by the trial jury, the officers of vhe county, and by the judge and solicitor. Granted January 27, 1902.

TnurumAY, OCToBER 23, 1902.

43

Harry Evans-Convicted at the August tenn, 1899, of the superior court of Talia.ferro oou:nty, of assault to rape, and sentenced to fifteen years. The people of the CQIIlnty have be come convinced of his innocence, and his pardon is urged by the trial judge and jury, and the soliCitor, and by the father and mother of tihe girl. Granted Jam.uary 28, 1902.
A. D. Reviere-Contvicted at the February term, 1890, of the superior court of DeKalb county, of murder, and sentenced to life imprisonlment. There were no eye-witnesses to the killing, and defen'dant claimed to have acted in self-defence. He has served more than 't!welve years at h.rurd labor. His condouct hns been good. Pardon granted January 28, 1902.
Hilliard Gri:ffin-Coo.vioted a,t lthe Septemlber term, 1901,
of the superior oourt of Baldtwin county, of riot and carrying concealed weapons, and sen.'tenced to pay a :fine of $60, or twelve months in each case. Has served more than four monilhs of his sentence, which is considered sufficie;nt punish men:t, in view of his previous good dharacter. Pardon granted January 31, 1902.
Lem and Julius Bone-CooiVicted at the - - t e n n of the superior couiit of Fulton C()unty, oi larceil!y. The evi-
denre upolll which they were convicted was circumstanttial, and the Chairman of the Boord of Pardons says: "Personally I have such grave doubts oi the guilt of these men that I believe clem1Ilcy SJhould be gra:ruted them." Pardon granted February 7, 1902.
W. E. Bennett-Convicted at the March term, 1897, of the superior court of Chatham county, of aesault with inltent to
rape, and sentenced 'to ten years in the penitentiary. The Prison Comissioo says : "The general circumstrunces brought to :the atteThtion of the Boord of Pardons indicates some un cwtainty and mitigaltion of the offense." His dharacter prior to ronvictiO'Il was good, and his conduct since conviction has been exempl'ary. Pardon granted February 26, 1902.
John Thomas-Convicted at the February tenn, 1883, of
the superior couTt of Campbell CO'Ilnty, oi murder, and sen-
tenced to life imprisonment. The killing was the result of

44

JouRNAL OF THE SENATE.

criminal intimacy between the wife of Thomas and the deceased. He has served more than nineteen years, and his
pardon is recome.nded by the judge an'd solicitor that tried him and many good c1tize.ns. Paroon gra:nted Maroh 15, 1902.

AD.D!a and Mnl:in'da Brock-Convicted at the April oojOillrned. term, 1900, of the superior coUJ.'lt of Pickens couruby, of mur-
der, and senil:enced 'to life imprisomnent. '!'he evidence Upoill which they were convicted was wholly cil'Cll'ID.S'ta.ntial and there
was grave doubt as to their guilt. Their pardon was recommended by the jud.g\3, solici.bor, the trial jury and grand jury and by a large number of citizens. Granifed March 15, 1902.

William Ogleaby-C01D.vict.ed at the April term, 1898, or 'the superior OOUl'lt of .Ema<nuel C<JIIHllty, of volunltary man-
slaughter, and sentenced to six years in the penitentiary. The killing wa.s the result of a mutual com!lmt between def~.mdant an!d deceased, in which detfe.nd<ant was severely wounded twice
by a pistol in the hands of deceased. His pardon was :rec<>mmended by the jU!dge, solici<Uor and many of the jury and by many of 1the county officers run:d citizens. Granted )fareih. 15, 1902.
Tom Burton---<JonvicOOd at the Felbruary :term, 1899, of the superior court of Cherokee COU!D.ty, of burglary, li.!Ild E"entenced to seve-n years in the penitentiary. Defendant and ooothcr
comm:i.tted. burglary from a I'aiilroald 'de'pOt. The other party was subsequenttly tried, c<>nvicted and sentenced to a fine o:t $100.00 or <twelve mon'llhs. Defen!dant ha.s served 'albout threEyears and i'i is thought his punishment has been sufficient. Pardon gran.te'd Mareh 18, 1902.

Lewis West-Convict at the February term, 1902, of the

city crim.in!al court of Atlanta, and sentenced to pay a fine of

$50 and oosts, or six months on lbhe chain-gam.g. Defendant is

an old negro allxmt si:rty-five Ye'afS of age, una;ble to do hard

man'llallatbor and umlble to pay rtilie fine. His paroon is urgid.

by the judge, solici<tor, ihis employer and olfuers, induding the

proseootor. Granted Mardh 17, 1902.



Alfred Turner-COIIIVieood at the JaJlluary term, 1900, of the superior court <>f Glynn county, of lareeny, and sem.tenC'<1 to two years. Ha.s served all but three monJths of his sentence.

THURSDAY, OcTOBER 23; 1902.

45

His pardon is recommended by the judge, solicitor, grand jurors anld many citizens. Granted ~:larch 17, 1902.
Daisy Leonnrd-Convidted at the January term, 1902, of. the superior court; of Fult<m county, and sen,tenood bo a fine of $100.00, and thirty days in jail, and in de'fault oi payment of the fine, six. moolilis additional in jail. Defendant was a
young wo:rmun about twenty-one years of age and rut the time of
her convicliion was an inttnate of a lewd! house in fue city of Atlanif:a. Since her conviction and during her incarceration in jail it ~ppears that she 'has repen~d and expresses genuine comversion. She has agreed to go to the Florence Crittendon Home and her pardon is urged in order that she may be given an opportunity to begin a new life. Pardon granted April 2, 1902.

J. W. Register----Convicted at the June term, 1901, of the city court of Douglas, of carrying concealed weapons, and senlten~d to twelve monJiihs. He is a y()lllng white man who has a wife, three children and an aged mother ldependenJt oo him. He has served nine months and his pardon is urged by the iudge, soliciibor and county officials. Granted April 4, 1902.

Porter B. Davis-Convicted at the May term, 1899, of the superior court of Pierce county, of voluntary 'IIUJ.nslaughter, ood sentenced 'to four years. He has served the greater portion of ills sentence and his pardoo is urged by a large number of the citizens of Pierce county. Pardon granted April 7, 1902.

Luke Bass-Convicted at the September term, 1888, of the superior court of Floyd county, of burglary, and sentenced to twenlty years in the penitentiary. The goods taken were only worth about eleven dollaTS and 'he has served more than tlhirteen years. His pardon is urged by the judge and solicitor that tried him. Granted April 7, 1902.

James Hughes and Swinton POI\Vell-Convicted at the September term, 1901, of 'the superior coul'lt of Habersham county, a! liberating prisoners from the calaboos in Toccoa. and sentenced to pay a fine of $75.00 each, or twelve mooths.
The prisoners releaserl were two women, and the evidence upon

46

JOURNAL OF THE SENATE.

which they were convicted was cireumstantial. Their pardon is recommended by the judge anld solicitor and the city officials of Toccoa. Grantd April 7, 1902.

JohnS. Sutherland-Convicted at the October term, 1897, of the superior court of Richmond county, of rape, and sentenced to sixteen yrors in the penitentiary. The judge who <tried him says: "I 'have never felt satisfied with this conviction aml if a mortion had been made for a n~ trial I would have promptly granted it." Pardon urged by the ]udge and solicitor. Granted April 11, 1902.
Charles Daniel-Convidted at the February term, 1898, of the superior court of Greene county, of voluntary manslaughter, and sen!OOD.ced to six ye-ars. The de:fendant is a negro boy and has served ou,t the greater portion of his !5e'lltence. Pardon urged by the officers of Greene county and a large mber of citizens. Granted Aprilll, 1902.
A. A. Pullen-Convicted a:t the September term, 1901, of the city court of Dublin, of selling whiskey, and sentenced to pay a fine of $800.oo: or twelve mootihs. The evidence W"as conflicting and there is doubt of his guilt. His character previous to conviction was good. His pardon is urged by the judge, solicitor, county office!'$, and many citizens. Granted Aprilll, 1902.

Joames Watts-Convicted at the August term, 1901, of the superior court of Butts county, of stealing a ride on a railroad train, and sentenced to pay a fine of $50, or twelve months. Was a negro of good characier and formerly employed by the railroad. Served eig'ht months of his term and his pardon is recommended by the judge and solicitor. Granted May 5, 1902.
Ransom Miller-Convicred at the October term, 1901, of the city crimirutl ooutt of Atlanta, and serutenced to eight months. His pardoo urged by the jUJdge and solicitor on ifue ground that he has served more than five m9llths of the senrence an'!I his wife, childl"e''ll and mother ~re in deetitute condition ana need his assistance.. Granted May 5, 1902.

Ruff Lawrence-Conrvidted at the October term, 1901, of the superior court of Early couruty, of the offetnse of man-

THURSDAY, OCTOBER 23, 1902.

47

slaughter, and sentenced to one yffir in the penitentiary. Deceased provoked the difficulty and 'MlS a dangerous man. His pardon is recommended by the judge, solicitor and trial jurors. Granted May 8, 1902.
.Jack Grig~onvicted at the September tern;t, 1901, of
the superior court of Fayette county, of assault to rape, and
sen:temood to :ten Yffirs. The prosecutor now says she swore falsely against him, ami the judge and soliciror urge the pardon. Granted May 8, 1902.

Rebecca Cal'ter---'Convicted at the }{arch term, 1902, of .the superi'Or court df Fult'On ooUillty, of car-breaking, a,nd sentenred to rbwelve moniffus. The evidence agalinst her was circumstantial and not conclusive. Her health 'has brokem down, and ht>r pa:rt<lon is urged hy the arresting officer, the solicitor that prosecuted her, and others. Granted May 10, 1902.

Vezier Lee---Convicled at the February tterm, 1898, of the superior court of Butts county, of manslaughter, and sentenced to three years. The killing took place at a negro frolic in a general fighit, in wlhloh L!e was hlimself cut twice. His pardon is recommended by the judge, solicitor, Md many good citizens. Granted May 10, 1902.

Anithony Walker-Convicted at the October U:lrm, 1900, of the superior court of Butts coooty, of selling whiskey illegally, and sentt.ence'd to pay a fine of $100, or nine months. He plead guilty to four indictments and entered at once upon his sentence. He served more than nineteen monlths; is an old negro over fi~y years of age; a sufferer from acute rheumaJtism, amid his pardon was reoommended by the juldge, SIOlicitor, county officers and others. GrantW May 10, 1902.

Chas. Rdbinson-C'onvicted at the October term, 1901, of the &Uperior cour't of Fulton counity, of larceny a'f!ter trust,
and sentenced to one year. Is a S'lllall boy only thirteen years
of age. He on:ly took a pair of seconld-h3m.d pll!nts of Sllllall value. Pardon urged hy the prosecutor and ilie solicitor. Par-
don granted May 16, 1902.

.John W. Dixon-Convicted a't the spring term, 1896, of the superior court of Taylor county, of murder, and sentenced to life imprisonment. He was convicted on the tf:.estim<~ny o'f the

48

JouRNAL oF THE SENATE.

thirteen-year old daugMer of the deceased. Facts have since developed which tend to discredit her testimony. His pardon urged by the solicitor, sixteen memibers of the gran'd jury, ten of the trial jury, county officers, many citizens and the widow of the deceased. Parthm Granted ~fay 17, 1902.
W. B. Berkley-Convicted at the January 'term, 1902, of the superior court of FnltOIJl county, o>f mii'demeanor, an'd sentenced to six months in jail. Served more 'than :four months, and on account of his bad health his release is urged by the prosecutor, the jailor and the coun:ty physician. Pardon granted May. 27, 1902.
Thompson Richal"dson-Convicted at the May term, 1885, of the superior court of Wilke.;; county, of murder, run.d sentenced to life imprisonment in the peniiientiary. H!'IS served more Jthan seventee:n: years at hard labQr, during whic<h time he has had both legs broken tJwice. He is now an old, ignorant~ weak-minded negro. Pardon urged by the grand jury thaJt indicted him, by the trial jury, by county officers and many citizens. Pardon granted May 28, 1902.

J. J. Oarroll---'Con\"ictted at the December term, 1901, of assau~t and battery, and senJtenced to twelve months in the chain-gang. His conduct !has been exemplary, and his pardon
is urged hy the solicitor, nine of the jurors, many repUJtable lusiness mel'. oi Atlanta, oo the grOIUnd that his punishmen::: has been sufficient. Pardon granted. May 28, 1902.

Alex W. Owens-Convicted at the March .term, 1897, of the superi<>r court of Fulton county, of burglary, a.nd senltem.c1d to ten years. It has been sh~ that he did not actually participate in the burglary, as he was drull'k a't the time. He W'8.to arrested in company wi!Vh the burglars and con.vicled on circumstanltial evidence. His pardon: urged by the prosecutor and many citizens. Pardon granted June 19, 1902.

Robert L. Darden-Convicted at the :fall term, 1898, of the superior oourt of Cobb county, of perjury. and sentenced to
five years. Was ronvicted on evidence that has bee'Jl S<> grossly discreldited as to make his innoce<nce prnctically esta.blis:hed. His par'd'On urged by many good citizens of Co:bb county. Granted June 12, 1902.

THURSDAy' OCTOBER 23, 190:l.

49

John T. Clark-Convicted a:t the

tenn of

the superior court of DeKalb county, of assault to murder,

and 8e'Iltenced to five years in the penitentJary. 'l'he crime

was committed in a heat of passion. H;e has sel.'Ved more

than three years with most exemplary conduct. On one oc-

casion, when another conrvict. was trying to escape, he over-

powered him and prevented his escape. Pardon granted

June 12, 1902.

Lewis Grimes-Convicted at the May term, 1901, of the
city cot1rt of Elbe~t.on, of selling whiskey, and sentenced to twelve months. He is in the last stages of conoomption, and his pardon urged by the judge and solicitor that tried him, and inany citizens. Has served all of his terffi: except one
month. Granted June 13, 1902.

Alex Dougherty-Convicted at the August term, 1901, of the superior oourt of Polk county, of carrying a pJs:wl concealed, and t:entenced to twelve mOIIlths. Has served more than five months, and his pardon is recommended by the judge that tried him, on the ground of sufficient punishment. Pardon granted June 25, 1902.

Tnpheth :McFarland-Convicted at the October term, 1901, of the city criminal conrt of Atlantta, of forcible ejection, and sentenced to twelve months. He has made proper restitution and ha~ served more than three months, and his p-ardon is recommended by the iudge and solicitor. Pardon granted June 27, 1902.

John R. White-Convicied at the October tenn, HiOl, of the :mperior court of Carroll county, of seduction, and sentenced to twelve month's in the pen<itentiary. There wru: strong dO'Ubt as to his guilt, a.nd h~ has served more than nine months. His pardon urged by the jnry that convicted him, and many citizens. PP.rdon granted June 28, 1902.

Z. V. Carter-Convicte'd at the Septe!Illber tenn, 1899, of the ;:npcrior court of Echols county, of voluntary manslaughter, and sentencel(! to five years. Evidence procured since the trial tends very strongly to uphold his defence of ju.-1:ifiable homicide. His panlon urged by the judge, solicitor..gPneral, grand jury, trial jury, and many citizens. Pardon granted July 11, 1902.
4 sj

50

J(mR~AL OF THE SENATE~

W. B. Freeman-Convicted at the fall term, 1901, of the superior court of Montgomery county, of the offense of selling whiskey illegally in six cases, and seDJtenced to serve three months in !lhe chaiJ).-gang in each case. "The town of Higgs" ton, in Mongoonery county, by municipal ordinance, attempted to regulate and license the sale of whiskey, which they had no legal authority to do. Defentlant procured and paid for license from the town, a<lting under the written advice of counsel that such license would protect him; paid the tax required by the State and United States for retail liquor dealers, and proceeded to sell openly. The judge before whom he was tried recommends this clemency, on rtbe ground that while technically guilty, he had no intention of violwting the law.'' Pardon granted July 11, 1902.

Dan Shewmake-Convicted a:t the November term, 1885,
oi the superior court of Burke county, of murder, and sentenced to life imprisonment. He has served twenty-seven years, counting t.ime allowed for good behavior, with exemplary conduct. Pardon recommended by many citizens of Burke and Clinch coUll'ties. Pard(ln granted July 11, 1902.

Ozro Curtis-Coruvicted at the September term, 1901, of the superior court of Ha.bersham county, of larceny from the
ho11~e, and sentenced to t~lve months. He was only eighteen
years of 11ge, and the property taken was of less value than one dollar. Served nearly his entire sentence with good con-
duct. Pardoo urged. by the judge, solicitor and many citizens. Granted .July 11, 1902.

ifenry Carter-Convicted at the fall term, 1892, of the superior coul"t of DeKalb coUDity, of voluntary manslaughter, and sentenced to twenty years. He was first convicted of murder, whiC'h verdict was set aside by the judge, on the groun'd t'h-at the evidence did not support the verdict. He then plead guilty to mluntary manslaughter. The killing took place under great provocation, as deceased had attempted to deba'llch his wife. Pard'On ~oonmended by the judge am]
many citizens of ~he comity. He has served about ten yez~.rs
of his sentence. Pardon granted July 11, 1902.
Fl~tdi.er Sims--:-ConviC'ted at the April term, 1901, of the county court of Butts county, of escape, and sentenced to

THURSDAY, OCTOBER, 23, 190~.

51

twelve month.B. He escaped in company with several others; afterwards surrendered himself and informed on the otfu.ers. Has served more. 'bhan three mouths, and his pardon is recommended by the judge a.nd o.ther good citizens of the county. Pardon granted July 12, 1902.
Dave Burgess-Convicied at the August term, 1893, ~ the superior court of Walker county, of murder, and sentenced to life imprisonment. He was convicted on circumstantial evidenCe, and the judge before whom he was tried mys he has doubts as to his guilt, as does also the solicitor that prosecuted him. County officers and many good citizens recommend his '{)ardon. Pardon granted July 1~, 1902.
John Reynolds-Convicted art; the Septemlber term, 1901, of the superior court of Fulton C(Jilnty, of assault wnd battery, and sentenced to twelve months on the c'hain-gang. The crime was committed while under the influence of whiskey, and he plead guilty. He has served mOSit of his senltence with good conduct, and his pard'On is recommended by the prosecutor and a n'llillber 'Of good citizens. Pardoo granted July 12, 1902.
Rubert Hunter-Co.nvicted at the September term, 1892, of the superior court of Fulton county, of burglary, and sentenced to fif.teen yeru-s. His term will expire in 1903. He has recenri:]y developed consmnption, and furt!her C<JIII!finement likely to prove fatal. Pardon granted July 12, 1902.
Willis Carter-Convicted at the May term, 1898, of the superior court of ![uscogee oouuty, of robbery, and sentenced to fifteen years. 'fhe evidence was circmnstantial, and there is much doubt as to the guilt of Carter. He stoutly maintains 'his innocence, and his pardon is urged by seven memb(>rs of the jury, the prosecuting attorney, the solicitorgeneral, the prosecutor and mooy good cirtizens. Pardon grantro. July 23, 1902.

I . M. Sumner-ponvieted at the :M:ay tenn, 1899, of the superior court of Worth coU!Ihty, of voluntary manslaughter, artd sentenced to twelve vears. He has served more tihan three vears, and his health has become very much impaired. His

52

JouRNAl. oF THE SENATE.

pardon i~ recommencled by the judge, grand jury, trial jury, county officers, and many good citizens of Worth and adjoining counties. Pardon granted July 26, 1902.

Wiley Freeman-Convicted at the Septemiber term, 1900, d the superior CO'Ilrt of Bibb county, of manslaughter, and S211tenced to flve years in the penitentiary. Was first con~ victed of murder and sentenced to life imprisonment. He ()b-
tained a new trial and was sentenced to five years. He wM a man of previous good character, while the deceased is shown
to have been a man of very bad char-acter. Since his con-
viction he received a S'Vere injury, which permanently paralyzed him. His pardon is urged on these grounds. Pardon
granted July 30, l 902.

Ernest Jackson-ConviC'ted at the April term, 1902, of the city court of Hall C'()Unty, of larceny from the house, and sentenced to eight months on the chain-gang. He is a weakminded negro boy, about eighteen years of age, and the property stolen was only worth about $1.50. Pardon recommended by the prosecutor and many citizens. Granted August"l, 1902.

Clinton 'l''homas-Convicted at the December term, 1901, of the superior court of Bull~>eh county, ()f the crime of larceny, and sentenced to pay a fine of $100 and costs, or twelve months on the chain-gang. The property st.olen was a pistol of small value, and the prosecutor and a number of citizens ask for his pardon, on the ground that his mind is weak and there is doubt as to whether he intended to steal the pistol. Pardon granted August 2,1902.

John R.. Dominick-Convicted at the spring terll\ 1895, of the superior court of Bibb county, of the crime ()f receiving stolen goods, and sentenced to ten years in the penitentiary. He is now over sixty years of age and unable to work. His pardon is urged by the judge and solicitor that tried him, and many hundred citizens of Carroll, Coweta and Walker counties,. Pardon granted August 4, 1902.

. Emmett Heard-Convicted at the :March term, 1902, of the city criminal" court of Atl-anta, of a misdemeanor, and 5entenced to P'ay a fine of $50. or twelve months on the chain-

THURSDAY, OCTOBER 23, 1902.

53

gang. His crime consisted in stealing a cabbage, and he has served over four months. The judge and solicitor advise his release. Pardon granted August 7, 1902.
T. H. Carter---:Convicted at the fall tenn, 1901, of the superior court of Fnlt(m county, of the crime of larceny after trust, and sentenced to two years in the penitentiary. The amount apprnpriart:ed was &mall, and he has served more than eight months. Rince his conviction his wife has died, leaving three small children depeJJdent on charity, and in need of his support. Pardon granted August 7, 1902.
George Kirk-Convicted at the August tenn, 1883, of the superior court of Polk conuty, of the crime of murder, with a recommendation to life imprisonment in the penitentiary. He was convicted on circumstantiul evidence, ang it has since been shown tha:t one of the mo;;t important witnesses against him probably swore falsely. The camp physician certifiell that he has developed a case of tuberculosis, and that further confinement will probatbly prove fatal. Pardon granted August 7, 1902.
George Higginbotham-Convicted at the September term, 1900, of the superior court of Franklin county, and sentenL'* to pay a fine of $75, or serve twelve m'Onths on the chaingang, for carrying pistol CO'llcealed. He was a boy about eighteen years of age, and was indicted for assault to murder an:d carrying pistol concealed. He has served out his sentence of two years for assault t'O murder, and it is thought that he should be relieved of the lesser sentence. Pardon granted August 8, 1902.

Elijah Charlt'On-Oonvicted at the April term, 1900, of the superior court of Early county, of the crime of rape, and sentenced to twenty years in the penitentiary. The evidence upon which he was convicted was not wholly satisfactary, and since the conviction reputa1ble witnesses have been found who
so discredit the testimonv of the witne.-"S for the State as to
make his guilt extremely d'Oubtful. Pardon granted August 8, 1902.
Joseph Ewalt-Convicted at the July tenn, 1896, of the superior court of Baldwin county..:. of murder, and sentenced

JOURNAL OF THE SENATE.
to life imprisonment. At the time the crime was commi~ he was in a drunken condition, and there seems to have been absolutely no malice. Since conviction his health has failed, and his pardon is urged .by the solicitor and a large number of citizens, including the jury that tried him. Pardon granted August 12, 1~02.
Henry Craig-Convicted at the spring term, 1896, of the superior court of Polk county, of burglary, and 8e'I1tenced to twenty years in the penitentiary. He has been for many years incurably afllicted with syphilitic rheumatism, and i~ now unable to work. Pardon granted August 13, 1902.
Willie Akridge--Convicted at the August term, 1902, of the city criminal rourt of Atlanta, of simple larceny, and sentenced to pay a fine of $75, or three months on the chaingang. Defendant is a boy only twelve years of age, and plead guilty to the theft of two pigeons. His previous character good, and pardon mged by the judge and solicitor. Granted August 18, 1902.
SENTENCES COMMUTED.
Susie Foster-Convicted at the September term, 1901, of the superior court of Coweta county, of the offense of selling whiskey illegally, and sentenced to a fine of $400, or twelve months. She is shown to have four minor children whose ages range from se\'enteen months to thirteen years, who are wholly dependent on her. Commutation of sentence to a fine of $'300, or twelve months, recommended by the judge, solicitor, ordinary, sheriff and clerk of the court. Granted Odtober 2, 1901.
Oscar McCoy--Convicted at the August term, 1901, of the city criminal court of Atlanta, of carrying concealed weapons,
and pointing- a ni~tol at another. and sentenced to a fine of
$100, or twelve months in each case. The judge and solicitor recommend that the punishment be commuted to one sentence, inasmuch as both offenses were committed at the same time. Sentence commuted to fine of $100, or twelve months, October 3, 1901.

William Andel'Son-Convicted at the l\Iaxch term, 1899, o:f the superior couit of Newton county, of assault with intent to murd(lr, and sentenc:ed to five yeu:rs. 'rhe crime was committed without malice, and in the encounter the defendant received two severe woonds, fro,t;n which he is now a sufferer. He has served neaxly three years imprisollllllent, and his sentence is recommended to three years actual service by all the jurors who tried him7 the officials of Newton couruty, the officials of the city of Covington, and many citizens of the county. Granted November 8, 1901.
George Groover-Convicted at the December term, 1896,
of the superior court of Chatham county, of vo11lltary manslaughter, and sentenced to fifteen years. His pardon was recommended by the grand jury, trial jury, judge, solicitor, and a laxge number of citizens. Commutation of serutence to six years imprisonment, granted November 8, 1901.
Henry Jackson-Convicted at the June term, 1901, of tihe superior court of Fulton county, of larceny from the house, and sentenced to twelve months. Sentence commuted :IJo present service, and a fine of $50, on recommenda.tion of the solicitor~general. Granted November 12, 1901.
Albert Waller-Convicted at the :March term, 1901, of the superior c.:>urt of Bibb coimty, of the crime of burglary, and sent.,;n~--ed to twelve months. The articles stolen were of small value, and he has served the greater portion of his sentence. Sentence commuted to present service, November 8, 1901.
Peter Harris-Convicted at the February term, 1901, of the superior court of Walton county, of murder, and sentenced to be hanged. The evidence on 'W'hiah he was coniVicted was very conflicting, and it has been shown that at the time or the killing deceased had a pistol in his hand, and fue defendant claimed to have acted in seH-de:fence. Witnesses for the State were impeached by several witnesses for the defendant. His sentence commuted to life imprisonment, November 19, 1901.
Murray Whitley-Convicted 11t rthe July term, 1899, CY.f the superior court .of H11ll county, of burglary, and sentenced to . five years. He is shown to be weak-minded and CY.f a low or-

56

JouRNAL OF THE SExATE.

der of intllect. His pardon recommended by. the judge, soliGitor, county officials and many good citizens. Sentence commuted to three years, December 9, 1901.

Siras Fagan-Convicted at the November te:rm, 1901, of the superior court of l\facon county, of murder, and sentenred to be hanged. It has been shown that the deceased attempted to seduce the wife of the defendant. Defendant found a letter deceased had written his wife, and h.e immediately tmrcnred his gun and shot deceased. Clernen'Cy is recommended by the judge and solicitor, the grand jury and trial jury, county officials and many hundred good citizens. Sentence e:nnmuted to life imprisou:melllt, December 9, 1901.

Bud Dover-Convicted at the September te:rm, 1899, of tht> superior court of Habersham county, of voluntary manslaughter, and sentenced to fifteen years. Defendant was a member of the sheriff's posse, and claimed ~eoot defendanit was rrsisting arrest at the time of the killing. Clemency is urged by the grand jury, trial jury, county officers and many citizens. Sentence commuted to 'two years, .::ecember 2ti, 1!J01.
Sam Rice--Convici'd at 1:.\e December term, 1901, of the city criminal court of Atlanta, of the crime of staJbibing, and sentenced to pay a fine of $50, or serve six monbhs on the public works. The stabbing was done in a fighlt brooght on by the pcri>on stabbed. Defendant's previous character _was good, .and in view of the serious illness of his wife, the judge and !'>olicitor tha<t tried hilll: urge his pardon. Sentence commuted to a fine of $25, including costs, January 11, 1902.

John Moss--Convicted at the November term, 1901, of the city criminal court of Atlanta, of the offense of receiving stolen goods, and sentenced to pay a fine of $50, or si1: months on the chain-gang. He only received a few postage stamps, which he claimed were given to him 'by the thier. He has served two months, and his previous character was good. Clemency rE"Commended by the judge and solicitor who tried him. Sentence commuted to a fine of $25, including costs, .January 11, 1902.

Geor!!e Wilcox-Convicted at the Oct'Ober rerm, 1901, ot the superior court of Coffee county, of rape, and sentenced

THuRSDAY, OcToBER 23, 1902.

57

to be hanged. The judge and solicitor who tried him urg" that his sentelli!e be commuted, which recommendation is joined in by the county oflkers and many good 'i!itizens of Coffee county. Sentence commuted to twenty yeers, January 25, 1902. .

Cap Oliver-Convicted a:t the September eerm, 1895, of the E?Uperior court of Dooly county, of the crime of voluntary
mans1aughter, and sentenced t-o ltwerrty years. The deceased
was the aggressor, and was a bad character. Defendant waa a peaceable, law-abiding negr{) previous to this difficulty. Has served about seven years with good conduct. The judge and solicitor who tried him recommend clemency. Sentence -commuted to ten years, January 27, 1902.

M. F. Sullivan-Convicted art; the December term, 1896, of the superior court of OhatJham county, of the crime of man_slaughter, an:d sentenced to fifteen years in the penitentiary. The killing occurred in a fight, in which several participated, .and the deceased is shown to have been a man of bad character. Clemency is urged by the grand jury, trial jury, ~ounty officers and solicitor-general. Sentence commuted to six years, January 28, 1902.

Simon J. 0'Neil-Convicted at the December tenn, 1896, of the superior court of Chatham county, of the crime of manslaughter, and senterrced to fifteen years in the peniten tiary. He participated with M. F. Sullivan in the case above mentioned, and clemency is urged upon the same grounds. Sentence commuted to six years, January 28, 1902.

Henry Brooks-Convicted at the spring term, 1901, af the superior court of Chatham coun1ty, of the crime of murder, and sentenced to be hanged. Seventy members of the Savannah bar, eleven members of the jury, and many citizens urge clemency on the ground of doubt as to defendant's guilt. Sentence commuted to life imprisonment, February 7, 1902.

D. T. Hood-Convicted at thl;l August term, 1901, of the superior court of Spalding county, of selling whiskey illegally, and sentenced to twelve months, or a fine of $150. He was convicted in the recorder's court of Griffin, for the same offense, and fined $100, which he paid. On account of pov-

os

.JOURNAl. OF TJIE S!=SATE.

erty he was unable to pay the fine imposed by the superior court. Since conviction he has been an invalid and unable to .ao any work. Sentence commuted to a fine of $75, Feb~ ary 17, 1902.

Isa:dore Minder-Convicted at the spring term, 1901, of the superior court of Bibb county, of murder, and sentenced to be hanged. The Supreme Court, in reviewing this case,. intimated that a verdict of life imprisonmenrt would have been more proper under the circu)Ilstances. The trial judge and solicitor urge this clemency. Sentence commuted to life imprisonment, February 26, 1902.
Sarah Brown-Convicted at the December term, 1901, of
the city criminal court of Atlanta, of the crime of larceny from the person, and seDitenced to pay a fine of $100 an;! costs, or twelye months. The judge and solicitor reco..mmend. commutation to six months in jail. Granted March 17, 1902.
Mills Boston-Convicted at the November term, i894, of the superior court of Bibb county, of the crime of murder,. and sentenced to life imprisonment. Defendant sho~ his wife in a row in which several participated. He claimed it wasaccidental, and immediately gave himself up to rthe officer. Commutation reooypmended by the judge and solicitor, jurorsand many good citizens. Sentence oommuted to !;en yearsactual service, April 11, 1902.

J. L. Barry, Jr.-Convicted at the spring term, 1901, of the superior court of Fulton county, of the crime of shooting at another, and sentenced to twQ years. The jury that convicted him recommended that he be punished as for a misdemeanor, but at the request of the defendant he was given two years in the penitentiary in preference to one year in the chain-gang. Sentence commuted to one year, April 30, 1902.
Willis Pulliam-Convicted at the November term, 1901,. of the superior court of Bartow county, of the crime of gaming, and sentenced to nine months. "He served over five months of his sentence, and it was thought his punishment had been sufficient. Sentence commuted to six months actual service, May 5, 1902.

THURSDAY, 0CTOBE_R 2~1 1902.
Mrs.. H. D. Bertram-Convicted at the November term,
1901, of the superior CO'llrt of Ful:OOn county, of the crime of keeping a lewd house, and sentenced to pay a fine of $300,
and six months in jail, or as an alternative punishment, to serve six montlis on the chain-gang. Tthe camp physician certifies t!hat she is mOTe than five months pregnant, and further corrfinemenrt will imperil her life. Sentence commuted to a fine of $50, May 8, 1902.
Calvin Beaoh-Convicted at the November term, 1901, of the superior court of Houston county, of rthe crime of murder, and sentenced to _be hanged. The main witness against him has been shown to be a woman of the vilest character, and the judge and solicitor that tried him do not think t'hat the death penal J should be inflicted under the circumstances. Sentence commuted to life imprisonment, May 22, 1902.
Andrew Jackson-Convicted at the March term, 1902, of the superior colll"t of Quitmap. county, of the crime of murder,
and sentenced to be hanged. There seems to have been no in-
tention on the part of the defendant to commit murder, and commutation is urged by the trial jurors, <iounty officers, and fom-fifths of the qualified voters of the county. Sentence commuted to life imprisonment, May 28, -1902.
E. G. Howard-Convicted at the J-anuary term, 1902, of the superior court of Bibb county, of the crime of murder, and sentenced to 'be hanged. Evidence conflicting. Defendaut was a man of previous good character, while decea~ was a fre<Juent violail:or of the law, and a man of bad character. Sentence commuted to life imprisonment, June 5, 1902.
Alfred lfoye-Convicted a,t the spring term, 1902, of the superior court of Em!lnuel county, of the crime of murder,
arrd sentenced to be hanged. Evidence has been discovered
since tlle trial which creates con:::ideraJble doubt as to the guilt of the defendant. Clemency is recommended 'by the trial judge, county officers, and many citizens. Sentence commuted to life imprisonment, June 12, 1902.
D. C. Loeb-Convicted at the February term, 1902, of the city court of Elberton, of the crime of soliciting orders for thP. sale of whiskey in Elbert county, and sentenced to pay a

60

JOURNAL OF THE SENATE.

fine of $900, or itwelve months on the chain-gang. He was a traveling salesman for a bi.lsiness firm; is a poor man and unable to pay the fine. Clemency is urged by many of th~ citizens of Elbert and Fulton counties. Sentence C"Ommuted t0 a fine of $450, or twelve months on the chain-gang, June 13, 1902.
Henry S. Manning-Convicted at the May teTID, 1897, of the superior C'Ourt of Wayne county, of the crime of voluntary manslaughter, and sentenced to ten years. The trial jury recommended that the lowes.t penalty be given him. Clemency urged by the judge and solicitor, coonty officials and many citizens. Sentence commuted to seven years, J nne 27, 1902.
Bowdre Bell-Convicted at the spring term, 1897, of the superior court of Walton county, of volun:ta;ry mansla.ughter, and sentenced to ten years. Defendant was a boy only eighte(n years of age, who had p~viously borne a good reputation. The evidence was conflicting. Clemency is urged by the solicitor, pro:;ecutor, county officers, and manv citizens. Sentence commuted to seven years, July 11, 1902:
J. W. Griflln-Convicted a:t the spring term, 1902, of the superior court of Pike county, of the crime of selling whiskey illegally, and sentenced to pay a fine of $250, or twelve months on the chain-gang. He was only technically guil,ty,
and thNe seems ro have been no in;ten'tion to violate the law.
Clemency recommended by the judge and solicitor, the grand jury, the trial jury, and many good citizens. Sentence commuted to a fine of $100, including costs, July.12, 1902.
George Ponder-Convicted in the city court of Brunswick, of the crime of kE>eping a lewd house, and sentenced to pay a fine of $125, and nine months on the chain-gang. Several others were tried at the same time for the same offense, and were sentenced to pay a fine of $250, or serve nine months on the chain.-gang. This defenrlant's crime was no greateT than the others, while his character seems to have been much better. Senience commuted to a fine of $250, or nine months on the chain-gang, July 30, 1902.
Jake Summerour-Convicted at the August term2 1901, of the superior court of Forsyth county, of the crime of burglary,

THURSDAY, OcroBER 23, 1902.

61

and sentenced to three years. The evidence was doubtful, and the jury recommended that he be punished as for a misdemeanor. Clemency urged by the grand jury, trial jury, the prosecutor, the judge, and many citizens. Sentence commuted to two yea;rs, August 2, 1902.

Dave Wright-Convicted at the January term, 1902, of the city court of Butts county, of shooting on the public highway, and sentenced to pay a fine of $100, or twelve months. Commutation to payment of a fine of $40, or twelve months, is recommended by the j\1dge, prosecutor, county officers, and many good citizens. Granted August 4, 1902.
Jim Martin-Convicted at the March term, 1901, of the superior court of Heard county, of the crime of murder, and sentenced to life imprisonment. Co1nmutation of sentence to three years is urged by the judge and solicitor, cO'Ilnty officers and many citizens. Granted August 8, 1902.
ThQIIlas J. Hunter~Convicted at the spring term, 1900, of the superior cour.t of :Fulton county, of embezzlement, and sentenced to five years. Sentence commuted to three years on recommendation of the solicitor-general, the trial jury, the President of the State Senate, the Speaker of the House of Representll!tives, most of the county officers, the mayor of At. lanta, and the officers of the fohvwing banks: The Dowry National, the Fourtn National, Third National, Atlanta National, Maddox-Rucker Banking Co., the Trust Company of Georgia, representatives of the Atlanta Constitution and Atlanta Journal, and many other prominent citizens. Granted August 8, 1902.

RESPITES.
Pete Harris-Convicted at the February term, 1901, of bhe superior court of Walton county, of murder, and sentenced to be ha11ged June 23, 1901. Respite granted until N ovember 22, 1901, in order that the Supreme Court might have sufficient 'time to pass upon a motion for a new trial. Respite granted October 22, 1901.
Henry Brooks-Convicted a:t the 1Iarch term, 1901, of the superior court of Chatham county, of murder, and sentenced

6'2

JouRN'AL OF THE SENATE.

to be hanged on the 17th day of January 1902. Consideral>le doubt as to the guilt of the said Brooks, and respite granted until 21st day of Felbruary, 1902, in order that the Executive might have sufficient time in which to consider an application for commutation of sentence. Respite granted January
17, 1902.

John Henry Peavy-Gonvioted of the crime of murder, at the faif.l -term, 1901, of the superior court of Dooly county, and sentenced to be hanged on the 18th day of February, 1902. Respite granted until the 21st day of M'3:rch, 1902, in order that the evidence of the said Peavy might be dbtained in a case pending in the superior court of Dooly county. Respite granted February 17, 1902.

Andrew Jackson-Convicted at the March term, 1902, of the superior court of Quitman county, of murder, and sentenced to be hanged April 15, 1902. Respite gmnted. until liay 16, 1902, in order that the Pardon Boord might have sufticient time to consider an application for commutation of sentence. Respite granted April 10, 1902.
second respite granted the said Jackson on May 13, 1902, for the same reasons stated in thP. nrst.

Alfred Moye-Convicted at the April term, 1902, of the superior court of Emanuel county, of the crime of murder, and sentenced to be hanged May 15, 1902. Respite granted until the 13th day of June, 1902, in order that the Board of Pardons might have sufficient time in which to consider an application for commutation of sentence. Respite granted May 13, 1902.

Two hundred copies ordered printed for Senate.

The following joint resolution was read and adopted:

By Mr. Mathews-
A resolution convening the Senate and House in joint session at 11 o'clock to-day, to count the vote and declare theresult in the late State election.

THuRSD.\ Y, Oar,JBER 23, 1902.

63

The following messrage was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has read and concurred in the following joint :resolution of the Senate, to wit:
A resolution to convene the House and Senate in joint ses-sion to-day at 11 o'clock, to count and declare the result .in State elections.
The following resolution was read and adopted:

By Mr. Sullivan-

A resolution authorizing the Secretary to open the door in the cloak-room, and appG~int a doorkeeper for same.
On motion, the Senate took a recess.
Senate was again called to order.
The hour of 11 o'clock having arrived, the Senate repaired to the hall of the House of Jlepresentatives, to open the returns and declare the result for the election of Governor and -other State house officers.
The President took the chair and called the General As-sembly to order.

It was moved and seconded that the plei:iding officer apt{6int tellers to open, count and declare the result in the late ~lection for Governor, one from the Serutte and two from the Home.
The motion prevailed, and the President appoonted on the part of the Sen-ate, Senator l\Icl\fichael, and on the part of the JI'_-,use, l\lessrs. Holder and Davis.

64

JouuNAl. oF THE SE.NATE.

The tellers appointed to ascertain and declare the result of the election for Governor, submit the following repon.:

Mr. President:
As tellers, we have performed the duty assigned to us, an{
beg to report that upon the consolidation of the vote of the counties it appears that Hon. J. )I. Terrell has received 81,344 vote, 'and Jos. K. Hines has received 4,747 votes. It appears that Hon. Jos. )[. Terrell, of 1Ieriwether county, has received majority of the votes polled.
Very respectfully, E. H. ::\Ic::\IICHAEL, Chairman. JXO. :N". HOLDER, CHA.S. L. DAVIS.

The foregoing report was adopted and the President declared the Hon. J. )I. Terrell, of )feriwether county, duly elected Governor for the ensuing two years.
The following is the consolidated vote of State home and other officers :
For Secretary of State, Philip Cook ............ 82,542 For Secretary of State, B. F. Lee ............. 5,148
w: For Comptroller-General, A. \Vright ........ 82,182
For Comptroller-General, W. W. Wilson ........ 5,533
For Treasurer, R. E. Park_ ........... : . ...... 82,031 }'or Treasurer, J. H. Taylor . . . . . . . . . . . . . .. . . . . 5,508 For Attorney-General, .Jno. C. Hart ........... 82,131
For Attorney-General, P. H. Lery ............. 5,484 For Commissioner of Agriculture, 0. B. Stevens .. 82,114
w. }'or Commissioner of Agriculture, L. Peek .... 5,476
For School Commissioner, W. B. )[erritt ....... 82,038 For School Commissioner, H. S. Zellers . . . . . . . . 5,425 For Prison Commissioner, Thos. Eason ......... 82,359

TIJU~:P.AY, 0CTOBE~ 23., 1902.

65

Assosiate Justice Supreme Court, Samuel Lumpkin .. 82,385 Associate Justice Supreme Court, A. J. CQbb ...... 82,110 Associate Justice Supreme Court, unexpired term,
J. S. Candler .............................. 45,626 Unexpired term, J. P. Ros~ ....................... 23,306 Scattering . . . . . . . . . . . : ......................... 2,278 Judge Sup. Court, Atlantic Circuit, Paul Seabrook. 70,776 .Tudge Snp. Court, Augusta Circuit, W. T. Gary .... 69,372 Juclge Sup. Court, Brunswick Circuit, T. A. Parker .. 69,210 Judge Superior Court, Eastern Circuit, Pope Barrow .. 69,377 Judge Superior Court, Flynt Circuit, E. J. Regan .... 69,344 Judge Sup. Court, Macon Circuit, W. H. Felton, J;:.. . 1::.1,~0i' Judge Superior Court, Middle Circuit, B. D. Evans. ~ 69,988 .Tnd:ge Sup. Court, Northeastern Circuit, J. J. Kimsey. 70,220 Judge Sup. Court, Ocmulgee Circuit, H. G. I,ewis ... 69;686 Judge Sup. Court, Pataula Circuit, H. C. Sheffield ... 69,885 Judge Superior Court, RQIIle Circuit, W. M. Henry... 71,111 Judge Sup. Court, Southern Circuit, R. G. Mitchell .. 69,'320 Jll!dge Sup. Court, Tallapoosa Circuit, A. L. Bartlett.. 71,365 Judge Superior Court, Western Oircuit, R. B. Rus-rell. 69,909 Solicitor-Gen(>ral, Atlantic Circuit, L. Kenan ....... 70,752 Solicitor-General, Blue Ridge Circuit, B. F. Simpson. 70,381 Solicitor-General, Macon Circuit, Wm. Brunson ..... 69,924 Solicitor-Gen., Northeastern Circuit, W. A. Clu~rters .. 70,302 S<:licitor-Heneral, Ocmulgee Circuit, J. E. Pottle .... 69,893 Solicitor-General, Tallapoosa Circuit, W. K. Fielder.. 71,474
The business for which the General As::,--embly had convened in joint session having been completed, the same wat~ dissolved by motion of Senator Comas. Whereupon the Senate returned to its chamber and was called to order by the President.
On motion, when the Senate adjourns to-day, it will stand adjourned umtil to-morrow at 11 o'clock.
I,eave of absence was granted Senators J ord'an and Sweat.
On motion, the Senate adjourned until to-morrow at 11 {)'clrek.
5Fj

66

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, Oct()iber 24, 1902.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their names :

Allen, Atkinson, Christie, Clark; Clements, Comas, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell,
High~wer,
Hopkins,

Hudson, Lee, Ledford. Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, lloore, Park, l'erry,

Reid, Roberts, Rountree, Skelton, Snead, Stevens, Sullivan,
~ymons,
Taylor, Tisiuger, Van Buren, Worsham, Mr. President.

Those absent were Messrs.-

Crumbley, Jordan,

~wcat,

Turner,

The Journal of yesterday was read and approved.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Hitch, to wit:
. Mr. President: I am directed by his Excellency, the Governor, to deliver
to the Senate a sealed communication, to which he respect-

FRIDAY, 00TOBER 24, 1902.

67

fully invites the consideration of your honorable body in ex-

ecutive session.

.



The following Senate ;bills were rood first time:

By lfr. Snead-

A bill to amend section 1570 of the Code, to authorize farmel"S to purchase certain ingredients for fertilizers.

Referred to Committee on Agriculture.

By Mr. Comas-

A bill to require the advertisement of property for sale in the same papers as the sheriff's sales are advertised when the same has been given to secur:e a debt.

Referred to the General Judiciary Committee.

By Mr. Comas-

A bill to repeal section 397, volume 3 of the Code.
l
Referred to the Special Judiciary Committee.

By Mr. Davis-
A bill t~ amend paragraph 2, section 11 of the Constitution of this State, exempting certain property from inxati.on.

Referred to the Constitutional Amendments Committee.

On m:otion of Senator Davis, there will be a gf;anding committee of the Senate on Constitution and Constitutional Amendments.
At 11:30 o'clock the Senate went into executive session.

The following resolution was read and adopted:

68

JOUBN.(L OF THE SENATE.

By Mr. Van Buren-
A resolution authorizing the Messenger of the Senate to open the rear door of his room, and appoint a doorkeeper for 1ih.e same.

The following is the report of the committee appointed to
arrange for the inaugural ceremonies:

Mr. President:
The joint oommi'ttee appointed to arrange for the inaug. uration of the Governor-elect, begs to report that the inauguration of Hon. J os. l\L Terrell, as Governor of Georgia for the ensuing two years, will take place to-morrow, October 25th, at 12 m., before the General Assembly in joint session, and that by request of the Governor the joint session will be opened by prayer by the Rt>v. Jno. E. White of Atlanta.
SuLLIVAN, 18th District, Chairman. Oct. 24, 1902.

The report was adQpted.

Leave of absence was granted Senators Duncan of lGth; Hudson, 13'th, and Turner.

On motion, the Senate adjourned until to-morrow at 11 :45 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA, Saturday, October 25, 19()2.
The Senate met pursuant to adjournment af 11:45 o'clock; was called to order by the President.
Prayer was offered by Senator Atkinson.
Upon motion of Senator Comas the roll-call was dispensed with.

FRIDAY, OCTOBER 24, 1902.

69

The Journal of yesterday was read and approved.

On motion, wheDJ the S'11ate adjourns to-day, it will stand adjourned until :Monday at 12 o'clock.
Leave of absence was granted Senators, lfoore, Lee, Worsham, Hightower.

The following Senate bills were read first ,time :

By :Mr. Comas--

.A bill to amend section 982 of the Code, so as to make the . city of Baxley one of the State depositories.

Referred to the Committee on Banks.

By Mr. Harrell-

A bill to amend section 4313, volume 2 of the Code.

Referred to the General J udiciary Committee.

The hour of 12 o'clock m., having arrived, the Senate repaired to the Hall of t:he House of Representatives for tJhe purpose of inaugurating the Governor-elect.
The President took the ohair and called the General Assemlbly to order. By direction of the President the joint resolution was read convening the two houses in joint session.

The presenoe of the Governor-elect at the door of the Represen'tative Hall was announced by the doorkeeper, who was instructed to admit him and his atendants.

The Governor-elect, with the Governor, preceded by joint committee and followed by many distinguished officers and citizens, was received by the General Assem'bly.
The Governor-elect, Hon. Joseph lf. Terrell, was con-

70

JOURNAL OF THE SENATE.

ducted to the Speaker's desk, and was introduced hy the Hon.

Clarke Howell, President of the Senate. He then proceeded

to deliver his inaugural address, at the close of which he sig-

nified his readiness to taJke the oath of office. The same was

adm:in!i.stered by the Hon. T. J. Simlnons, Chief JUS'tice Sup-

reme Court.

'

Ex-Governor, Allen D. Candler, with approprnate remarks, then delivered to his Excellency, Governor J oeeph M. Terrell, the great seal of the State, by whom it was in tum delivered to the keeping of the Hon. Philip Cook, Secretary of State.

1'he original ceremonies being over the joint 'SeSSion was di&solved on motion of Senator Harrell.

The Senate returned to its Chamber and was called to order by the President.

On motion of Senator SulLivan, the Senate went into executive session.

Le-a.ve of absence was granted Senators Tisinger and Taylor.

On motion, the Senate adjourned.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, October 27, 1902.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll the following members answered to their names :

MosDAY, OCTOBER 27, 1902.

71

Atkinson, Christie, Clark, Clements, Comas, Dodd, Davis, Duncan of 36th, Golden, Harrell, Hightower,

Hopkins, Ledford, Lewis, Mathews, McClure, 1\lcMichael, Merritt, Middlebrooks, Roberts, Rountree, Skelton,

Snead, Stevens, Sullivan, l:-lweat, 8ymons, Taylor, Turner, . Val!. Buren, \Vorsham, Mr. President,

Those absent were l\fessrs.-

Allen, Crumbley, Duncan of lOth, Hudson,

Jordan, I.ee, McLean, Moore,

Park, Perry, Reid, Ttslnger,

The Journal of Saturday was read and approved.

The following resolution was read and adopted:

By Mr. Dodd-
A resolution appointing a committee of five from the Senate, to attend the funeral of Ron. W. B. Berry of Coweta county.

Committee is Senators Dodd, Duncan, 36th, Taylor, Mathews, Park.

Privileges of the floor was extended Ron. E. C. Kingsbury during his stay in the city.

Leave of absence was granted Senators Middlebrooks, McLain and Davis.

On motion, the Senate adjourned until to-morrow morning at 12 o'clock.

72

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 28, 1902.
The Senate met purusant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon motion of Senator Middlebrooks, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
The following message was received from the House ~ through Mr. Boifeuillet, the Clerk thereof:
Jlr. President:
The House has adopted the following joint resolutions of the House, in which the concurrence of the Senate is asked; to wit:
A resolution that the General Assemibly attend the State Fair at Valdosta, to be in attendance for a time including OctO'ber 30th, and that October 30th be declare dies non.
Also, a resolution to accept the invitation to attend layllig corner-stone Winnie Davis Memorial Hall, November 1, 1902, and that said day be dies non.
Also, a resolution providing for committee to "investigate present lease system and recommend future disposition of cohvicts.
The following Senate bills were read first time:

..

TUESDAY, OcToBER 28, 1902.

73

By Mr. SullivanA bill to define anarchy and provide punishment for same.

Referred to the Gneral Judiciary CO'IIllDittee.

By Mr. Sullivan-
A bill to amend paragraph 2, section 2 of article 7 of tihe Constitution, relative to the power of taxation by the General Assembly.
Referred to the Gneral J ucliiciary Committee.

By Mr. TisingerA bill to amend section 691, volume 3 of the Code. Referred to the Gneral Judiciary Committee.

The invitation from the Young Men's Democratic League, of Atlanta, inviting the Senate to attend a democratic rally in .Atlanta, October 31, at 7 :30 p.m., was accepted.
The following House joint resolutions were read and concurred in:

By Mr. Mills-
A resolution accepting the invitation to at:tend the State ]'air at Valdosta, and that the day last be declared dies non.

By Mr. George-
Also, a resolution accepting the invitation to be present at the laying of the corner-stone of the Winnie Davis Memorial Hall, at Athens, on November 1st, and that said day be declared dies non.

74

JouBNAL oF THE SENAT&

By Mr. Felder-

Also, a resolution providing for cmnmittee to investigate present lease system, and recommend future disposition of convicts.
Leave of absence was granted Senators Hopkins and Perry.

On motion, the Senate adjourned until to-morrow morning at 10 :30 o'clock.

SENATE CHAMBER~ ATLANTA, GEORGIA,
Wednesday, October 29, 1902.
The Senate met pursuant to adjournment at 10:30 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their names:

Allen, Atkinson, Christie, Clark, Clements, Comas, Dodd, Duncan of lOth, Duncan, of 3Gth, Golden, Hightower, Hopkins, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park, .Reid, Roberts,

Rountree, Skelton, Snead, Stevens, Sullivan, 8woat, Symons, Taylor, Tisinger, Turner, Van Buren, '\Vorsham, Mt. President,

W~pNESDAY, OoroB~ 29, 1902.

75

Those absent were Messrs.-

oCrumbley, Davis,

Harrell, Middlebrooks,

Perry,

Mr. Hopkins moved to reconsidr the action of the Senate in concurring in the House resolution to visit the State Fair .at V a1dosta, which motion prevailed, and on mo'tion, the re~ lution was tabled.

The Journal was approved.

The President appointed on the committee to consider the ~onvict lease system, Senators Lee and McMichael.

The following Senate bills were read first time:

"By Mr. Christie-

A bill to make it lawful to make insurance companies and -other persons 'Who may be indemnifying the defendant, pa:rty .defendant, and jointly liable, and for other purpose.

Referred to the General Judiciary Committee.

~y Mr. Lee-

A bill ceding certain lands in Walke.r and Catoosa counties
to the United States Government for park purposes.

Referred to the General Judiciary Committee.

By Mr. Lee-
A bill to amend the charter of the town of Flintstone, Wal-
:ker county, Georgia.
Referred to the Educational Committee.

76

JOURNAL OF THE SENATE.

By Mr. Lee-
A bill to amend section 982 of the Code, by adding the city
of LaFayette to the list of State depositories.

Referred to the Committee on Ban~s.

By Mr. Lee-
A bill to repeal the Act authorizing the Governor to appoint agent to look after the State's property in Georgia and Tennessee, along the lines of the W. & A. R. R.

Referred to the Committee on W. & A. R. R.

By Mr. Van Buren-
A bill to amend the Act reviving the office of State Geologist.

Referred to the Committee on :M:ines and Mining.

By Mr. McMidhael-

A 'bill to repeal the Act creating the county court of Marion county.

Referrro to the Special Judiciary Committee.

The following House resolution was taken from the table:

By Mr. Mills-
A resolu'tion accepting the invitation to visit the State Fairat Valdosta on October 30th, and that the day last named bede-clared dies non.

On motion of l\fr. Hopkins, this resolution was non-concurred in.

On motion, the Senate adjourned until to-morrow morning at 10:30 o'clock.

THURSDAY, OcToBER 30, 1902.

77

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, Oct~ber 30, 1902.

The Senate met pursuant to adjournment at 10 :30 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the follow-ing members answered to their names:

Atkinson, Christie. '()lark, Clements, Comas, Davis, Duncan of 36th, Barrell, "Hudson, .Jordan,

Let!. Ledford, Lewis, Mathews, McClure, McLean, Mclllchael, Merritt, Middlebrooks, Roberts,

Rountree, Skelton, Sievens, St=llhan, Sweat, Symons, 'l'aylor, Tisinger, Worsham, ~1:1. President.

Thoso absent were Messrs.-

Allen, Crumbley, 'Dodd, Duncan of lOth,
Golde~,

Hightower, Hopkins, Moore, Park, Perry,

Reid, Snead, Turner, Van Buren,

The Journal of yesterday was read and approved.

By unanimqus consent the President appointed a committee, to be known as the Committee on State University.

The following is the list of standing committees:

78

JouBNA.L oF THE SENATE.

Worsham, Van Buren, Stevens, Moore, McLean, Crumbley Perry,

AGRICULTURE.
JoBDAN, Chairman. HUDSON, Vice.
Roberts, Clements, Clark, Davis, Christie, Atkinson, Allen.

Turner,

AUDITING. STEVENS, Chairman.
Crumble)

Jordan, Atkinson, Comas, McLean, Lee, Christie, Davis, Hightower, Harrell,

APPROPRIATIONS.
HoPKINS, Chairman.
TuRNER, Vice.
Tisiuger, Mathews, Park, Sullivan, Duncan (36th, Van Buren, Skelton, Snead, Crumbley.

THURSDAY, OCTOBER 30, 1902.

79

ACADEMY OF THE BLIND.

WORSHAM, Chairman.

Park, Crumbley, McClure, Clark, Moore,

Symons, Van Buren, Jordan, Duncan (36th).

BANKS.

CHRISTIE, Chairman.

Comas Taylor, Duncan (36th),

Harrell, Skelton, 'furner.

CORPORATIONS.

MIDDLEBROOKS, Chairman.

Symons, Hudson, yan Buren, Hightower,

Lewis, Harrell, Jordan, Christie.

CONSTITUTIONAL AMENDMENTS.

PERRY, Chairman.

Hopkins, Davis, Middlebrooks, Merritt,

Hudson, Skelton, Taylor, Mathews.

80

JOURNAL OF THE SENATE.

DEAF AND DUMB ASYLUM.

Reid, Golden, Stevens, Hightower, Lee,

TAYLOR, Chairman.
Davis, <:om as, Allen, Harrell, Duncan (36th).

Golden, Ledford, Skelton,
Allen, Park, Sweat,

ENGROSSING. DuNCAN (lOth), Chairman.
McMichael, Worsham.
ENROLLMENT. SYMONs, Chairman.
Comas, Dodd.

EDUCATION AND PUBLIC SCHOOLS.

Park, Stevens, Dodd, Atkinson, Duncan (lOth) Mathews, Skelton, Tisinger,

LEDFORD, Chairman. McMICHAEL, Vice.
Reid, Worsham, Taylor, Comas, Hudson, Merritt, Symons, Van Buren.

THURSDAY, OCTOBER 30, 1902.

81

Stevens, Symons, Hudson, Worsham, Ledford, Duncan (36th), Christie, Harrl'll, Lewis,

FINANCE.
DAvrs, Chairman. TuRNER, Vice.
Rountree, Hightower, Duncan, (lOth) Moore, Perry, McClure, Allen, Middlebrooks.

HYGIENE AND SANITATION.

CoMAS, Chairman.

Duncan (lOth), Golden, McLean.

Comas, Crumbley,

IMMIGRATION AND LABOR.

Clark, Golden, Hightower, . Lewis, Mathews, Snead, Symons,
6 sj

Donn, Chairman.
Taylor, Perry, Sullivan, Park, Worsham, McMichael.

82

JouRNAL oF THE SENATE.

Ledford, Atkinson,

JOURNAL.
CLEMENTS, Chairman. Sweat, McLean.

JUDICIARY-GENERAL.

Davis, Hopkins, Middlebrooks, Hudson, Snead, Taylor, Dodd,

SuLLIVAN, Chairman. PERRY, Vice.
Park, Ledford, Merritt, Mathews, Lewis; Skelton, Tisinger.

Rountree, Lewis, Sweat, Merritt, Skelton, Hudson, Dodd,
Crumbley, McMichael, Moore, Worsham,

JUDICIARY-SPECIAL. TYSINGER, Chairman. Reid, McMichael, Ledford, Park, Turner, Snead.
MANUFACTURES.
SKELTON, Chairman. Middlebrooks, Duncan (36th), Joraan.

THURSDAt'", OcroBER 30, 1902.

- 83

Symons, McMichael, Worsham,
Ledford, Taylor,

MILITARY.
MERRITT, Chairman. Moore, Sullivan, Turner.
MINES AND MINING.
McCLuRE, Chairman. Golden, Allen.

PENITENTIARY.

Atkinson, Hudson, McLean, Roberts, Comas, Van Buren, Merritt, Clements, Clark, Turner,

LEE, Chairman. SNEAD, Vice.
McMichael, Moore, Sweat, Mathews, McClure, Middlebrooks, Allen, Duncan (lOth), Reid.

. PUBLIC ROADS AND INTERNAL IMPROVEMENTS.

Roberts, Clark, Allen,

TuRNER, Chairman.
Christie, Rountree.

84

JOURNAL OF THE. SENATE.

PENSIONS.

McLean, Lewis, Christie, Dodd,

HunsoN, Chairman.
Lee, McClure, Clark.

PRIVILEGES AND ELECTIONS.

Allen,

CRUMBLEY, Chairman. Roberts.

McClure,

PUBLIC LIBRARY.
REID, Uhairman. Sweat.

PETITIONS.

Comas,

McLEAN, Chairman. Golden.

PRIVILEGES OF FLOOR.

Stevens,

ATKINSON, Chairman. Clark.

PUBLIC PRINTING.

Atkinson,

LEWIS, Chairman. Ledford.

THURSDAY, OCTOBER 30, 1902.

85

I
PUBLIC PROPERTY, ETC.

SwEAT, Chairman.

Duncan (lOth), Moore,

Rountree. RULES.

MR. PRESIDENT, Chairman.

Davis, Hopkins,. Mathews, Van Buren.

Harrell, Hudson, Sullivan,
RAILROADS.

McMichael, Taylor, Stevens, Atkinson, Dodd, Moore, Sweat, Lee, Davis,

MATHEWS, Chairman. Harrell, Hightower, Hopkins, Sullivan, Middlebrooks, Skelton, Clark, Perry.
STATE SANATORIUM

VAN BuREN, Chairman. DuNCAN (lOth), Vice.

Snead, Symons, Sweat, Duncan, (36th), Reid, Roberts, Clements, Crumbley, Golden,

Mathews, Merritt, Park, McLean; Comas, Worsham, Harrell, Jordan.

86

JOURNAL OF THE SENATE.

Golden, Dodd, Reid,

STATE OF THE REPUBLIC.
SNEAD, Chairman.
Sullivan, Ledford, Allen.

TEMPERANCE.

DuNCAN of 36th, Chairman.

Comas, Sweat, Duncan (lOth), Sullivan, Van Buren, TieingPr, Rountree,

Park, Lee, Golden, Atkinson, Clements, Davis, Snead.

UNIVERSITY OF GEORGIA.

Atkinson, Lee, Mathews, Park,

McMICHAEL, Chairman.
Merritt, Steven!',
Middlebrook~,
Turner.

WESTERN AND ATLANTIC RAILROAD.

Hightower, Skelton, Turner,

PARK, Chairman..
Taylor, Symons, McClure.

THURSDAY, OcTOBER 30, 1~02.

87

The following Senate bills were read first time:

By Mr. ~fcMichael-

A bill to alter and amend article 8, secti.on 4, paragraph 1 of the Com;titution.

By unanimous consent, this bill will be referred to the Com-

mittee on Education first, and then to the Committee on Con-

stitutional Amendments.



By }fr. Sullivan-
A bill to amend paragraph 2, section 2 of article 7 of the Constitution, which relates to the power of taxation.
Referred to the General Judiciary Committee.
By ::\fr. DavisA bill to provide for the examination of private banks by
the State bank examiner.
Referred to the Committee on Banks.
On motion, when the Senate adjourns to-day, it will stand adjourned until }fonday morning at 11 o'clock.
The following Senate resolutions were read first time:

By :Mr. Harrell-
A joint resolution dividing the school fund raised by taxation in this State betweeH. the white and colored. children thereof.



Referred to the Finance Committee.

By l\'Ir. Harrell-

A joint resolution directing that the assessment on all tax-

88

JOURNAL OF THE SENATE.

a:ble property of this State for each of the fiscal years of 1902 and 1903, shall not exceed 3 _1-2 mills for all purposes.
Referred to the Finance Committee.
!..ave of a'bsence was granted Sen.ators Christie, Merrill and Duncan of lOth.
On motion, the Senate adjourned until Monday morning at 11 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 3, 1902.

The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

On motion, the roll-call was dispensed with.

The Journal of Thursday was read and approved.

The following mes;;age was received from his Excellency, the Governor, through his Secretary, Mr. Hitch, to wit:

Mr. President:

I am directed by his Excelleney, the Governor, to deliver

to the Senate a sealed communication, to which he respect-

fully invites the consideration of your honorable body in ~x

ecutive se;;sion.



Leaves of absence were granted Sen.ators Jordan, Roundtref', Yan Buren and :i\fiddlebrooks.

MoNDAY,~NovEMBER 3, 1902.

89

The invitation from }fr. Slaton to the Senators to be present at a barbecue on Wednesday evening was oocepted.
The committee to assign committee rooms were appointed, and consists of Senators Hopkins, Lee and Perry.
The following Senate hills were read first time:

By Mr. Perry-
A bill to suppress the evil of keeping gambling houses mentioned in section 398 of the third volume of the Code.
Referred to the General J ud'iciary Committee.

. By }<fr. Perry-
A bill to amend the school laws of the State, by setting aside funds for libraries in schools; to provide the method of selection of said libraries.

Referred to the Educational Committee.

By Mr.. Snead-
A bill to make it unlawful for any persons to charge more than eight per cent per 11nnum for money advanced on cotton or other product; to take or contract, as compensation for the failure to deliver such cotton or other product, or as commi5-sion or charges thereon m(}re than eight per cent per annum.
Referred to the C'..-eneral Judiciary Committee.
At 11 :-10 o'clock the Senate went into executive session.
On motion, the Senate adjourned urrtil to-morrow morning at 11 o'clock.

90

JOURNAL OF THE ..SENATE.

SENATB CHAMBER, ATLANTA, GEORGIA,
Tuesday November 4, 1902.
The Senate met pursuant to adjournment at 11 o'clo::.:;. was called to order by the President.

Prayer was offered by the Chaplain.
U' pon the call of the roll the following members answered. to their names:

Allen, Atkinson, Clark, Clt>ments, Comas, Crumbley,. Dodd, Davis, Duncan of lOth, Duncan. of 36th, Golden, Harrell, Hightower,

Hopkins,
H~tdson,
Lee. Ledford, Lewis, Mathews, McClure, 1\IcLean, ?.Ic:Uichael, Moore, Perry, Roberts,

Rountree,
~:'kelton,
Snead, Stevens, Sweat, Symons, Taylor, 'l'isinger, Turner, Van Buren, Worsham, l\lr. President.

Those absent were Messrs.--

Christie, Jordan, Merritt,

:Middlebrooks, Park,

Reid, Sullivan,

The .Tournal of yesterday was read and approved.
The following resolutions were read and adopted:
By Mr. PerryA resolut.ion inviting the Hon. James Wilson, Secretary of
Agriculture of United States, and Dr. H. W. Wiley, Chief ot
Bureau of Chemistry, to address the General Assembly.

TUESDAY, NOVEMBER 4, 1902.

91

By Mr. Comas-

A resolution authorizing C. P. Hansell, Assistant Secretary of Senate, to sign all bills and resolutions in the absence of the Secretary.

By Mr. Hopkins-

A resolution authorizing the Secretary of Senate to pur~ chase sevnty-five chairs for committee-rooms.
Mr. Perry, vice:.ohairman of the Committee on General Judiciary, submitted the following report.

Mr. President:

'rhe Committee on General Judiciary has hal! under con sideration the following Senate bill, which I am instructed to report back to the Senate with the recommendation that the same do pass, to wit:
A bill to cede to the United States the jurisdiction of this
State over cermin land'S in the counties of Walker and Catoosa~ and certain pulblic road'S in the same counties adjacent to or in the vicinity of Chickamauga National Park.
R'Spectfully submitted.
II. II. PERRY, Vice-Chairman.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:

The House has adopted the followin:g joint resolutions of the House, in which the concurrence of the Senate is asked, to wit:

A resolution that a finance committee shall be appointed agreeable with section 304 of the Code.

92

JOURNAL OF THE SENATE.

Also, a resolution inviting Rev. Wallace Buttrick, D.D., to address the General Assembly.

Also, a resolution to accept invitation to visit State Fair at Valdosta, November 6th, and that said day be declared dies non.

The following Senate bill was read second time:

By :Ur. Lee-
. A bill to cede to the United States Government certain
lands in Walker and Catoosa counties for park purposes.

The following House resolutions 1rere read first time:

By Mr. Hayes-
A resolution that a joint finance committee shall be appointed in accordance with section 304 of the Code.

Referred to the Finance Committee.

By :Mr. Fields-
A resolution to invite Rev. Wallace Buttrick, D.D., to address the General Assembly at 12 :15 o'clock, on N ovember 4, 1902.

Senate amends by making the hour 12 o'clock instead of 12 :15. This amendment was adopted.

The !esolution was adopted as amended.

By :Mr. :McRae--

A resolution that the General Assembly accept invitation to visit the State Fair at Valdosta, November 6th, and that day be declared dies non.

This resolution was concurred in.

TuESDAY, NovEMBER 4, 1902.

93

This being the day- fixed by law for the eledion of United States Senator for the term O'f six years, beginning March 4, 1903, the President anounced that nominations for that offiee were now in order. Whereupon Senator Harrell of the 8th distriet, placed in nomination Hon. A. S. Clay of the county of Cabb. Senahlr Allen of 41st <lis.trict, placed in nomination the Hon. Walter H. Johnson, of the county o! ~{uscogee. There bt;ing no other nominations the call of the r<lll was ordered and the v0te was as follows :

The following voted for Ron. A. S. Clay:

Atkinson, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Lee, Ledford, Lewis, Mathews,
~IcClure,
McLean, McMichael, Moore, Perry, Roberts,

Rountree, Skelton, Snead, Stenns, Sweat, Symons, Taylor, '.l'isinger, Turner, Var. Buren, \Vorsham. Mr. President,

The following voted for Ron. Walter H. Johnson:
Allen,
Clay 36; Johnson 1.

Upon easting up the vote it appeared that the Hon. A. S. Clay had received 36 votes and Hon. Walter H. Johnson had received 1 vote; it further appeared that Hon. A. S. Clay had received a majmity of all the votes cast. The same was ordered spread UpDn the Journal.
The following resolution was read and adopted:
By Mr. Comas-A resolution. Rewlved by the Senate, that the Secretary of

94

JOURNAL OF THE SENATE.

the Senate be reque5ted to convey to the Hon. P. J. Sullivan of the 18th district, the sympathy of the Senate for him during his recent severe illness, and express the hope that he will soon be restored to his usual health.

By :Mr. Hawes-
A resolution inviting the Hon. A. S. Clay to address the General Asil'Dlibly to-morrow at 12 :15 o'cloc~, and that a committee of two from the House and one from the Senate, be appointed to notify him of this invitation.

The commii'tee on part of Senate is Senator Harrell.

The following Senate bills were read first time:

By }Ir. Sweat-
A bill to make it a misdemeanor to be intoxicated upon any street or public road of this State.

Reierred to the General Judiciary Committee.

By :Mr. Perry-
A bill to amend section 1105 of volume 3 of the Code of Gt>orgia.
Referred to the General Judiciary Committee.

By Mr. Perry-
A bill to provide for the payment of costs and fines in casesin which services are performed by special criminal bailiffs of the superior or city courts of this State.
Referred to the General Judiciary Committee.

WEDXESDAY, NOVEMBER 5, 1902.

95

.By Mr. Mathews-

A bill to amend section 401 of volume 3 of the Code.

Referred to the General Judiciary Committee.

At 11:30 the Senate went into executive session.

The hour of 12 o'clock having arrived, the Senate repaired io the Hall of the House d Representa.tive:::, to listen to an :address by Ron. \Vallaee Buttrick.

At the conclusion of the address the Senators returned to ihe Senate Chamber and was called to order by the President.

On motion, the Senate adjourned until t<>-morrow morning :at 11 :30 o'clock.

S:t::NA.T}; CHAMBER, ATLANTA, GEORGIA,
\Yednesday, November 5, 1902.

The Senate met pursuant to adjournment at 11:30 ~o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upor.. the call of the roll the fol~owing members answered to their names:

.Allen, Atkinson, Christie, 'Clark, Clements, Comas, nodd,

Davis, Duncan of lOth, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Jordan, I..ee, Ledford, Lewis, 1\Iathews, l\IcCiure,

96

JOURNAL OF THE SENATE.

McLean, McMichael, Merritt, lloore, Perry, Roberts,

Rountree, Skelton, Snead, Stevens, Sweat, Symons,

Taylor, Tlsinger, Yan Buren, \Vorsham, Mr. President.

Thos"! absent were )lessrs.--

Crumbley, Middlebrooks,

Park, Reid,

8ullivan, 'l'urner,

The ,Journal of yesterday was read and approved.

Mr. Davis, chairman of Committee on Finance, submitted the following report:

Mr. President:
The C'ommittee on Finance has had under consideration the following House resolution, which I am instructed to report back to the Senate with the recommendation that the same be concurred in, to wit:

A re,;olution. That a joint finance committee shall be appointed in accordanee with section 304 of the Code of
Georgia. Respectfully submitted. W. H. DAVIs, Chairman.

The following message was received from the Governor through Mr. Erwin, Secretary :

Mr. Prcs,ident:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

WEDNESDAY, NOVEMBER 5, 1902.

97

)fr. Jordan moved that when the Senate adjourn to-day it stand adjourned until Saturday at 12 o'clock. This motion was lost.

l\Ir. Tisinger moved that ~vhen the Senate adjourns today it stand adjourned until Friday at 12 o'clock. This motion prevailed.

The following resolution was read and adopted:

By )Jr. Dodd-

A resolution appointing a committee of three from the Senate to act with the Honse committee to investigate the condition of the Capitol and report the necessary repairs.

Committee consists of Senators Dodd, Harrell and Turner.

)Ir. Perry, vice-chairman Committee on General Judiciary, submitted the following report:

Mr. President:
The f':rtmeral Judiciary Committee has had under consideration the following bills of the Senate, which it 'instructs me to report back with the recommendation that the same do pass, to wit:

A bill to provide for the payment of costs and fees in cases in which services are performed by special criminal bailiffs of the Superior or City Courts of this State, and for the disposition of the same.

. Also, a bill to amend se<;tion 1105 of volume 3 of the Code of Georgia, of 1895, so as to provide that the compensation of special criminal bailiffs shall be fixed by the
7 j

98

JOURNAL OF THE SENATE.

judge of the court in which they are appointed, instead o by the Ordinary or County Commissioners, as now provided by said section.

The committee also recommends the following bill do pass as amended :

A bill to amend section 691 of volume 3 of the Code of 1895, by striking from the fourth line of said section the words, "the legitimate proceeds of its investments," and inserting in lieu thereof the words, "declared or distributed from the actual legitimate net earnings of its investments," and by adding at the end of said fourth line the words "and does not in any manner increase its debts or liabilities," and for other purposes.

The committee also recommends that the following bill be withdrawn from this committee and referred to the Committee on Temperance:

A bill to make it a misdemeanor to be intoxicated upon any street or public road of this State, and for other purposes.

The committee also recommends that the following bill do not pa'!s:

A bill to make it lawful to make insurance companies

and other. persons who may be indemnifying the defend-

ant, party defendant, and jointly liable, and for other pur-

poses.

H. H. PErtRY, Vi~e-Chairman.

:Mr. Ledford, chainnan Committee on Education, submitted the following report:

WEDNESDAY, NOVEMBER 5, 1902.

99

]fr. President:

The Committee on Education has had under consideration the following hill of the Senate, which it instructs me to report back i\ith the recommendation that the same do pas;;, to wit:

A bill to amend the charter of the town of Flintstone, Walker county,_ Ga., so as to provide for a system of public schools in and for saiu town, and for other purposes.
Also, a bill to alter and amend article 8, section 4, para-
graph 1 of the Constitution of this State; be read second
time and recommitted to Committee on Constitutional Amendments.
M. L. LEDFORD, Chairman.

The following Honse resolution was read second time and concurred in:

By Mr. Hayes-

A resolution appointing a joint fiinance committee in accordance \vith section 304 of the Code.
Committee on part of Senate are Senators Christie, Comas, and Duncan of 36th district.
The following Senate bill was read third time:
13y J\-Ir. I.eeA hill tv eede to the United States Government certain
Jands in \Valker and Catoosa counties for park purposes.

Report of the committee was agreed to.

Upon the passage 0f the bill the ayes were 33, nays 0.

100

Jou.RSAL oF THE SENATE.

The Lill.having received the requisite constitutional rna jority was passed.

At 11 :40 the Senate went into executive session.

The following Semtte bills were read second time:

A bill to amend the charter o Flintstone, m Walker county.
By :Mr. Tisinger-
A bill to amend section 691 o volume 3 o the Code.
By :Mr. Perry--
A bill to provide or the payment o costs in cases in which services are per0rmed by special criminal bailiffs in the superior and citv ~m1rt;:;.
Ry :\Ir. Perry-
A bill to amend section 1105 o volume 3 o the Code.
The following Senate bill was read second time and recrnnmitted to the Committee on Constitutional Amendments:
By .Mr. }tc:Jfichael-
A bill to amend article 8, section 4, paragraph 1 o the Com:ti tution.
Leave o absence was granted Senators Crumbley, :Moore, 2.Ic1Iichael, Atkinson, McLain, Jordan and Worsham.

FRIDAY, NOVEMBER 7, 1902.

101

The following Smwte bill was read first time:
By ~Jr. PerryA hill to repeal an Act entitled an Act to establish a city
court in the county of Hall, and for other purposes.

RefelTed to the General judiciary Committee.

The hour of 12 o'clock having arrived,. the Senate repaired to the Hall of the House of Representatives, for the purpose of consolidating the vote for United States Senator. Upon ca;;ting up the vote it appeared that Hon. A. S. Clay had recei,,ed 170 votes, a majority of all the votes cast.

The President of the Senate declared :Mr. Clay duly elected United States Senator for the ensuing six years, :from March 4, 1903.

At the conclusion of Senator Clay's addresi, the Senate returned to the Chamber and was called to order by the President.

On motion, the Senate adjourned until Friday morning at 12 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, Kovember 7, 1902.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.

102

JouRNAL OF THE SENATE.

Upon .motion, the roll-call was dispensed with.

The ;Jomnal of Wednesday was read and confirmed.

.Mr. SymonA, chairman of the Engrossing Committee, submitted the following report:

Mr. Pn;.~dent:

The Committee on Engrossing have examined and find correctly engrossed and ready for transmission to the House the following bill of the Senate, to wit:

A bill to cede to the United States Government certain lands in Walker and Catoosa counties for park purposes.
\V. F. SnroNs, Chairman.

:Mr. Christie, chairma11 of Committee on Banks, submitted the following report:

Mr. Presidcut:
The Committee ou Banks has had under consideration the following bill of the Senate, which it instructs me to rPport back to the Senate, with the recommendation that the same do pass :

A bill to Hmend section 982, by adding the town of Lafayette to the list of State depositories.

The committee also recommends the following bill do pass as amended :

A bill to amend section 982 of the Code, by adding the city of Baxley, in Appling county, to the list of State de-
po~;itories.
Respectfully submitted. S. R. CHRISTIE, Chairman.

FRIDAY, NovEMB!<:R 7, 1902.

103

By unanimous consent the follewing Senate bill.was read second time and recommittee to the General Judiciary Committee:

By .Mr. HarrellA bill to amend section 4313 of the Code. The following Senate bill was read first time:

By :Mr. DoddA bill to amend an Act to allow peU:sions to certain Con-
federate widows, so as to extend the provisions of said Act to all worthy Confederate widows, and for other purposes.
Referred to the Pension Committee.
The following Senate resolution was read first time and ordered engrossed:

By !fr. Symons-
A resolution requesting our representatives in Congress to use their influence to secure better protection for the . coast towns.
The foJlowing Senate bills were read second time:

By ~1r. Lee-
A bill to amend section 982 of volume 1 of the Code, by adding the town of LaFayette to the list of cities as State depositories.

By Mr. Comas-
A bill to amend section 982 of the Code, by adding the. city of Baxley to the list of cities as State depositories.
On motion, when the Senate adiourns to-davit will.convene again to-morrow at 1.0 o'clock.

104

JouRNAL oF THE SENATE.

Leave o absence "as granted Senator Lewis indefinitely on ~ccount o sickness.

On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

SF.XATE CHAMBER, ATLANTA, GEORGIA,
Saturday, November 8, 1902.
The Senate met pursuant to adjournment at.10 o'clock; was called to order by the President.
Prayer was oi!ered by the Chaplain.
Upon motion, the roll-call "as dispensed with.
The Journal ot yesterday was read and confirmed.
:Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
lifr. President:
The Special Judiciary Cominittee has had under con~ideration the following bills of the Senate, which it instmcts me to repol"t back with the recommendation that the same do pass :
A bili to repeal section 397, volume, 3 o the Code. Also a bill to repeal the Act creating the county court of Marion countY.
'
Respectfully submitted. B. L. TISINGER, Chairman.

SATURDAY, NovEMBER 8, 1902.

105

The follmYing message was recei,ed from. the Governor through ~Ir. Erwin, Secretary:

JJir. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a communication in writing.

1 o the General Assembly of Georgia :
The body of our laws represents to an unusual degree the matu:-ed wish of the people of Georgia, and, in entering upon the discharge of your legislative duties, you are not confronted with demands for many or radical changes. Annual sessions of the Legislature have made it easy to enact new statutes as well as to amend or repeal old ones, E"O as to supply omissions or cure defects disclosed by experience, and in consequence, we have a system just, simple, and in every way suited to the genius and spirit of our people.
But there are a few special subjects to which I desire to eall your attention. Their inherent importance will gain fur them your careful deliberation ; and the fact that the people in the la~t P-lection, in distinct and unmistakable terms, expressed their wish in reference thereto, will tend to remove many questions as to what should be done, and leave your ta~;k largely that of determining how the desired end is to be accomplished.
LIMITATION OF TAX RATE.
First in importance is that of limiting the rate of taxation. The Constitution of 1877 was framed in accordance with the elemental principles of a republican form of government, and aimed at an economical administration of the affairs of State. It contemplated the payment of the necessary expenses of the legislati\'e, executive and judicial

106

JouRNAL OF THE SENATE.

departments; .the payment of the rublic debt; a pr.oper pension for t '.lose entitled thereto; the support of the Public Schools, l!lld the protection of the State in time of war. It prohibited appr1priations 1r taxation lor other purpo1-es. It recognized that there would be many claims on the public treasury, and that many of them might be for good and worthy purposes. But, in view of the financial conditions surrounding the State, it drew the line; and fixed dt>finitely the purposes for which the Jleople's money might be ~pent, intending to Eecure them for all time against the burdens of excessive taxation. But, EO long as there is no limit to ' the amount which may be ~pent on the objects named in the Constitution, there is no limit to the amount which may be raised by taxation. In order perlectly to secure the end designed by the Convention, and demanded by the people in the last election, there must be a limit on the au- nual tax rate, ~nd I therefore suggest that this General Assembly submit a Constitutional Amendment limiting the tax rate to five mills, exclusive of the Sinking Fund and what may be needed for the protection of the State in time of insurrection or war.

TAXATIO~ OF FRANCHISES.
Closely allied to a limitation on the rate of taxation is the duty of providing a method by which all property shall be made to bear its fair share of the public burden. With a few exceptions, the Constitution provides that all property shall be ta:red. In the main, this provision is carried into effect-though no system has ever been devised which is perfect in its application, and, in spite of the most carefully drafted tax Acts, there are unavoidable omissions and a want of that perfect equality and uniformity towards which the law-making power constantly aims. But there is a class of franchises held by certain' quasi-public corporations which,.

SATURDAY, NovEMBER 8, 1902.

107

though .valuable in themselves and adding value to the capital stock, have, in the past, escaped taxation because of a want of a provision iu the Statutes requireing these franchises to be returned or assassed. Being property, these franchises ar:e as subject to taxation as any other property under the Constitution, and, in view of the fact that they generally represent privileges which are more or less exclusive and which have been given to the corporations without money and without price, there is a peculiar justice in subjecting them to the tax laws. It will be for you to determine how the taxable value of these franchises is to be estimated though I venture to suggest that there is no need for any great change in the present machinery of the tax law. It will prohably be sufficient to amend .Section 767 Volume 1. of the Code so as to include all franchises, whether of resident or non-resident corporations doing business in this State, which add value to the capital stock or to the tangible property of the corporation. A futher amendment to Sections 780 and 803 of the Code may be necessary so as to require officers making returns for a corporation to state "the value of the corporate franchise exclusive of its other corporate property." The simplicity of this method will commend itselF. It will probably avoid many questions which would otherwise arise from the enactment of new statutes containing untried and untested methods. It will provide an easy and practical means of determining what the franchise is worth, for, if there is any disagreement as to such value, it can be settled by arbitration, as all other differences of a like nature between the tax-payer and the Comptroller, or the tax-payer and Tax Receiver are now settled.

SALARY OF TEACHERS.
In practice, the school year and fiscal year do not coincide. The teachers for work done this year must be _paid

108

JouRNAL OF THE SENATE.

out of taxes to be collected next December and January. This has cauEed a serious disturbance in the State's finances and been the occasion of great hardship to the teachers and detriment to the schools. I suggest that the $122,078 now in the Treasury to the credit of the Public Property Fund be appropriated to the payment of interest on the public debt, and that a like sum already collected by taxation lor paying interest be now applied to the payment of teachers' salaries. This will enable the General Assembly, by economy in appropriations, to pay the teachers monthly in accordance with their contracts during 1903, and during future year!', by providing a permanent loan fund of $500,000 to be transferred to the School Fund in the spring and repaid when the taxes are C\.lllected. This fund can and should be created !rom the money in the Treasury collected for the payment of interest, and not so used on account of the appropriation of the Public Property fund for that purpose, and from the overplus raised by the levy of two. and one-tenth mills lor the years 1901 and 1902 for educational purposes, as provided by the last General Tax Act.

COMMON SCHOOLS.
In considering the interest of the teachers, we must not be blind to the claims of the children. Georgia was the first in the Union, and probably the first in the world, to incorporate in its organic law a provision for public schools, for in 1777, in its first Constitution, it declared that" schools shall be erected in each county and supported at the general expense of the State." Since that date, we have been dealing with this supreme problem. The public wish has always been ahead of the public ability. The evils of illiteracy are recognized, but the expense of the cure is beyond our purse. In proportion to our taxable :values, we may well challenge comparison with others, who, apparently, do more. Still, with an adequate sum, it

SATURDAY, NoVEMBER 8, 1902.

109

behooves us to make the most of our resources and to increase them wherever the people of a particular locality are willing to add to the School Fund. It often happens that while a county is unable to supplement the School Fund by taxation, those living in a particular militia district are willing to add to the State Fund so as to lengthen the school term, and they should be permitted to do so.
It takes four things to make a school-teachers, pupils, books and schoolhouses. We havE' teachers and books, and pupils we have in abundance, but of schoolhouses in the country districts there is woeful want. Proper and comfortable houses will add greatly to the efficiency of our common schools. While it is impossible at the present time to build them from general taxation, yet there are many communitiE.'s in which they could be provided without expense to the State at large. The present law authorizes the school trustees to purchase necessary buildings, but the amount of the school fund has been inadequate to enable those in the country districts to take advantage ot the Act. And where the local community is willing t.o raise the necessary funds, there is no provision of law by which a militia district or school district is authorized to tax itself for such purposes. Ordinarily, the unit in our State government is the county, and the general law now of force only contemplates city or county taxation, but authority ought to be given to a militia district or a school district to collE.'ct a local tax for school and schoolhouse purposes, wherever the taxpayers so desire, and I therefore, recommend legislation-including a constitutional amendment, if that be necessary-providing that upon the request of two-thirds of the taxpayers in any militia district or. school district, a reasonable tax may be imposed upon the property therein, the proceeds of which shall be applied_ by the school trustees to educational purposes, or to the purchase of land and the erection of school buildings in that particular district.

110

JOURNAL OF THE SENAT&

The success of any educational system largely7depends upon the ,teachers. U~less they are capable and efficient, it is impoesible to train the children of the coming generation. Many of the young men and young women of the State are patriotically and faithfully endeavoring to fit themselves for that high calling, and the Normal School at Athens and the Girls' Normal School at Milledgeville have been of great assistance in this important work-a work which inures immediately and directly to the benefit of the public. Both of these institutions deserve the most generous support of the State for their valuable services.

EXEMPTION OF COLLEGE ENDOWMENTS.
Not only the common sch~ols but every other instrumentality which aids in the education and training of the youth merits your careful and serious attention. Our colleges are brought into active competition with foreign institutions splendidly equipped and endowed with millions, and all our higher institutions of learning are unselfishly engaged in performing a public service to t'he State with no purpose of trade or gain. It is but a slight recognition of what they have done in the past and of the splendid work they are now doing, that their endowment should be exempt from taxation, where the fund is not so invested as to come into actual- competition with the business and commercial interests of. other citizen!!. Such a course will not only be a return to the practice prior to 1877, but owing to the material reduction in tuition fees and the much smaller rate of interest received from their investments, it is now almost e!!sential to their continued existence. Under the constitution, we cannot aid these institutions out of the public treasury, no matter how great their service, but we should surely relieve them from burdenEO,

SA'IURDAY, NovEMBER 8, 1902.

111

:and I therefore recommend the submission of a constitutional amendment authorizing the General Assembly to -exempt from taxation the endowment funds and investments of all educational institutions.

AGRICULTURAL SCHOOLS.
Georgia is pre-eminently an agricultural State; and while we are fostering other interests, we should be specially active to encourage that business in which the whole State is most vitally concerned. If here we lag behind, the whole :State suffers, and if in this we can forge to the front, all the people will be directly benefited. So vital is our con-cern in agriculture that we should not only comply with .all reasonable requests of the farming interests, but even go farther and be diligent to search out means by which the agricultural interests may be improved. As legislators you may not be able to do this directly, but you can set forces at work t~at will accomplish the desired end. Nothing would be more helpful to this great interest than the establishment and maintenance of an agricultural school in each -congressional district of the State, and connect therewith an -experimental station and farmers' institute. Such schools would furnish an opportunity for the intelligent teaching and training annually of several thousa~:.d ot our young men and women engaged in agriculture and kindred pursuits. Fully equipped for their life-work, such pursuits would be more attractive to them, as well as more remunerative. Agriculture would take on new life and the desire on the part of many of our noble young men and women to leave the farm for towns and cities would he checked. The State, very wisely and justly, provides suitable facilities for the -education of the youths who contemplate making of themselves teacherst lawyers, doctors, machinists, electricians and the like. With equal wisdom and justice, if not more, she :-Should provide suitable facilities for the young men and

112

JOURNAJ, OF THE SENATE.

women who will engage in agriculture or similar pursuits The experiment has been tried elsewhere with great success, and inasmuch as no constitutional objection could beinsisted upon should they be made branches of the U niversity, I urge the General Assembly to enact such legislation as will permit the establishment and maintenance of these schools. To do this no extra taxation would be necessary, as they can be maintained by the net fees arising from the inspection of commercial fertilizers. These fees are paid by the farmers in addition to the ad valorem property tax~ which is required of all citizens, and every principle of justice and equity demands that they be expended as will best tend to the advancement and upbuilding of the causeof agriculture throughout the State. These fees are now paid into the treasury to the credit of the common school fund. The loss which such au application would entail upon that fund can be more than supplied by an increase in the hire of State convicts. This increase we may reasonably expect from contracts necessary to be made in the near future.
The discussion of this matter in various sections of theState has convinced me that the several counties in which these schools may be located would donate sufficient lands and suitable buildings for that purpose. In order that theGeneral Assembly may be fully informed as to all necessary details attending the establishment and maintenance of such schools, I recommend that at the present session a commission be created, to serve without compensation, with authority to receive bids from counties in each Congressional district for the location of such schools therein, and report to the present General Assembly at the next seseion.

SATURDAY, NOVEMBER 8, 1902.

113

COMPILATION OF RECORDS.
The preservation of the records of the Colonial period and of the Revolutionary and Civil Wars is a matter of much concern. The lessons to be derived from these periods in the State's history shoul~ be taught to the children in our schools. Private enterp!'ise cannot be relied upon to perfect and preserve these records, neither can we hope t.:> obtain through private enterprise a full and complete history of these periods, as the demand for such a work would be almost entirely restricted to Georgians. The State should perfect and preserve these records, and then cause suitable publication to be made thereof for use in the schools, or permit some historian to cull therefrom such matter as would be valuable in the training of children. I therefore recommend such legislation as will authorize the employment of some competent person to compile and publish these records.
CONCLUSION.
The subjects referred to, do not, of course, exhaust the matters of great importance which will come before this General Assembly. These special subjects have been called to your attention because of the profound interest felt in them by the State at large, and because the people hope for action thereon at this session.
JOSEPH M. TERRELL, Governor.
One hundred copies ordered printed or use o Senate.
The following message was .received rom the House through Mr. Boieuillet, the Clerk thereof:
8 ~j

111

JouRXAL oF THE SENAT&

Mr. President:
The House has adopted the following resolution of the Honse, in which the concurrence of the Senate is asked, to wit:

A resolution invitin~ llliss ~Iildred Rutherford, President Lucy Cobb Institute, to present before the General Assembly, the interest of the Winnie Davis :Memorial.

The House has concurred in the following Senate resolution, to wit:
A resolution inviting Hon. James "Tilson, Secretary of Agriculture, and Dr. H. W. Wiley, Chief of Bureau of Chemistry, in the department of agriculture, to address the G!'meral Assembly.

The Honse bas passed by the requisite constitutional majority, the f)llowing hills of the House, to wit:

A biH to repeal an Act entitled an Act to create a board of commissioners of roads, public buildings and public prope;ty and finance,; for the county of :Monroe, and for other purposes, approYed August 27, 1872, and all Acts amendatory thereof.

Aho, a hill to create a board of commissioners of roads and revenues for Johnson county, and for other purposes.

Also, a bill authorizing commissioners of roads and revenues of Bibb county to contribute toward support of :Macon Hospital Association, in the city of !facon, and for other purposes.
. The following Senate bills were read first time:

SATURDAY, NovEMBER 8) 1902.

115

.By l\h. Comas-

.A. bill to repeal section 397, volume 3 of the Code.

By llfr. J\ldfichael-
A bill to repeal the Act creating the county court ot lia1ion county.

By unanimous consent the following bill was dithdrawt' l1y its author:
A bill to amend an Act to allow pensions to certain Confederate widows, so as to extend the provisions of said Act to all worthy Confederate widows.

The following S2nate bills were read first time:
By .Mr. SkeltonA bill to change the time of meeting of the General As-
sembly from the fourth \\~ednesday in October to the second Wednesday in Jannary of each year.
RefelTed to tht:> General Judiciary Committee.

Also by 1.Ir. SkeltonA bill to change the time for holding election for Gov-
ernor and oth8r officers, from the first wednesday in October, to Thursday after the first J\Ionday in November.
Referred to the General .Judiciary Committee.
The following House hills were read first time:

116

JouRNAL OF THE SENATE.

By }[ef!srs. Walker and Shannon--

A bill to repeal an Act entitled an Act to create a board Df county ~n1mrcissioners for Monroe county.

Retl'rred to the Special Judiciary Committee.

By :Mr. F('lder-
A bill to authorize. the commissioners of roads and revenues of Bibb county to contribute toward the support of the ~lacon Ho"'pital Aflsociation.
Ref('rred to the Special Judiciary Committee.
By lfr. Kent-
A bill to create a board of commissioners of roads and revenues for Johnson county.
Referred to the Special Judiciary Committee.
The following House resolution -..vas read and concurred in:

By 1-fr. Franklin-
~\ re,;olution tlmt }[iss :Mildred Rutherford, of Athens, be, invited at a time to suit her convenience, to present before the General Assembly the interest of the Winnie D:wis .Memorial.

On motion, the Senate adjourned until Monday morning at 11 o'clock.

MoNDAY, NovEMBER 10, 1902.

117 '

SENATE CH.HIBER, ATLANTA, GEORGIA,
~Ionday, November 10, 1902.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their names :

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Dunean of lOth, Duncan, of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson. Jordan, Lee, Ledford, Mathews, . 1\IcOlure, McLean, 1\Ic:\Iichael, Merritt, Middlebrooks, Moore. Park, Perry,

Reid, Roberts, Rountree, Skelton, Snead, Stevens, SWE:;at, Symons, 'l'aylor, 1'isinger, Van Buren, \forsham, Mr. Presiden,t.

Those ab~ent Wtlre 1.fessrs.--

Lewis,

Turner,

The Journal of Saturday was read and approved.
The following message was received from the Governor through )lr. Erwin, Secretary:

1l!r. President:
I am directed hy his Excellency, the Governor, to deliYer to the Senate a sealed communication, and respect-

118

JoURNAL OF THE SENATE.

fully ask consideration of same by your honorable body in executive session.

The following message "\Vas received from the House through :l\fr. Boifenillct, the Clerk thereoi:

Mr. President: Thn House has passed by the requisite constitutional
majority, the follmving House bill, to wit:

A bill to abolish the county court of Screven county, and for othet purposes.

The House has concurred m the following joint resolution of the Senate, to wit:
A re;::olnt.ion appointing a joint committee from the House and Senate to escort the remains of Senator Sulli"Van to Augusta.

House Committee: }lessrs. J\Iulherin, Calvin, Dunbar, Phillips, Kelly, Davis, Cann, Howard of Baldwin, Hayes, Hoider.

The following resolution was read and adopted:

By Mr. Snead-
A resolution appointing a committee of five from the Senate and teu from the Honse, to accompany the remains of tl1e late Senator I'. J. Sullivan to Augusta.

On motion, when the Senate adjourns to-day it will stand adjourned until Wednesday morning at 11 o'clock.

:Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

Mo.NDAY, NoVE.MBER 10, 1902.

119

Mr. P!esirlent:
The Special Judiciary Committee has had under consideration the following hills of the House which it instructs me to report back to the Senate with the recommendation that the same do pass:

A hill to authorize and empower the commissioners of road,; and revenues of Bibb county to contribute to the support of the ::\Iacon Hospital.

A bill to create a hoard of commissioners of roads and re\enues for Johnson county.
Hespectfully submitted. B. L. TISINGER, Chairman.

The following House bill was read first time : l3~r J[r. Overstreet.-

A bill to abolish the county court of Screven county,

and for other purposes.

'

Referred to the General Judiciary Committee. The following House hills were read second time:

By ~Ir. Felder--

A hill to authorize the county connmsswners of Bibb county to contribute toward the support of the Macon Hospital.

Also by )fr. Kent-

A bill to create a hoard of c01inty commissiOners for Johnson county.

120

JoURNAL OF THE SENATE.

The following Senate resolution was read second time and adopted:

By :Mr. Symons-
A resolution to request our representatives in Congress to use their influence in securing better protection to our coast cities of Georgia.
The followingSenate bills were read first time:

By Mr. Comas-
A bill to amend section 812 of the Code relative to the tax returns of corporations, companies, persons, agencie~ or institutions.

Referred to the Special Judiciary Committee.

A bill to change the time of the meeting of the GeneraJ Assembly from the fourth Wednesday in October to the first \Vednesday in January of each year.
Referred to the General Judiciary Committee.
By 1\Ir. Moore-
A bill to provide for the trial of all criminal cases returnable to the county courts in this State of which the court has jurisdiction, upon written accusation without indictment or presentment by a grand jury and the form of said accusation.
Referred to the Special Judiciary Committee.

MoNDAY, NoVEMBER 10, 1902.

121

By !Ir. Snead-

A bill to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county without the written consent of the <>wner.
Referred to the Special Judiciary Committee.
By !Ir. Snead-

A bill to require all chartered banks in this State to be kept open for the transaction of business with the public at least five hours each day--except on Sundays and legal holidays.
Referred to the Committee on Banks.

By lir. Symons-
A bill to fix and prescribe the boundaries of land adjacent to or covered by, or bordering on all t_ide waters in this State which are not contemplated by sections 3058~ 2059 and 3060 of the Code.

Referred to the General Judiciary Commitree.

The following Senate bills were read third time and put upon their passage:

By J\fr. ComasA bill to ~mend section 982 of the Code of Georgia by
:adding the city of Baxley to the list of State depositories.
The report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.

122

JOURNAL OF THE SEXATE.

The bill having received the requisite constitutional ma-

jority, was passed as amended, and the amendments are

as follows: Amend the caption by inserting after the

words "Appling county" in the fifth line the words "and

Douglasville in Douglas county."



Amend section 1 by inserting after thli words "Appling county" in line seven, the words "and Douglasville in Douglas county."

By ~Ir. )Idiichael-
A bill to repeal the act creating the county court of :Marion county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority, was passed.

Bylir. Le~
A bill to amend section 982 of the Code by adding the town of LaFayette to the list of State depositories.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 37J nays 0.

The bill having received the requisite constitutional majority, was passed.

Leave of absence was granted Senators :Merritt, and Roundtree.
On motion, the Senate adjourned until wednesday at 11 o'clock.

WEDNESDAY, NOVEMBER 12, 1902.

123

SE:NATB CH.UfBER, ATLANTA, GEORGIA,
Wednesday, Xovember 1~, 190~.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Pray0r was offered by the Chaplain.
On motion, the roll-call was dispensed with.
The Journal o :\Ionday was read and approved.
The following message was received rom the House through :Mr. Boieuillet, the Clerk thereo:
Mr. P1esident:
The House has passed by the requisite constitutional majority the following bills o the House, to wit:
A bill to amend section 739 o the Code, touching eli, gibility o councilmen, etc.
Also, a bill to provide compensation or deputy sheriffs and bailiffs o superior and city courts in counties having cities with population o 50,000, or more.
Also, a bill to incorporate the Tennille School District in Washington county, and or other purposes.
The House has adopted the following House re~oiution in which concurrence o the Senate is asked, to wit:
A resolution that no session be held on Thanksgiving Day and that said day be counted dies non.

124

JouRNAr~ oF THE SENATE.

The following House bills were read first time : By :Mr. Franklin-

A bill to incorporate the Tennile school district in washington county, and for other purposes.

Referred to the Special Judiciary Committee.

By l\Ir. Hanlin-

A bill to provide compensation for deputy sheriffs and bailiffs of superior and city courts in counties having cities with a population of 50,000, or_ more.

Referred to the General Judiciary Committee.

By :Messrs. Slaton, Houston and Blackburn-

A bill to amend section 739 of the Code of Georgia relative to the eligibility of councilmen, and for other purposes.

Referred to the General Judiciary Committee.

The president announced that a vacancy occurred for office of president pro tern. of the Senate on account of the death of Senator Sullivan and that nominations for that office was nmv in order.

whereupon, l\Ir. Perry placed in nomination Senator H. W. Hopkins of the 7th District for that office; this nomination was seconded by severaL

Upon the call of the roll for the election of President pro tem. the vote was as follows :

Allen,

Atkinson,

Christie,

WEDNESDAY, NovEMBER 12, 1902.

125

Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan, of 36th, Golden, Harrell, Hightower, Hudson,

Jordan, Lee. Ledford, Mathews, 1\lcLea:a, l\fcl\lichael, Merritt, l\fiddlebrooks, l\loore, Park, Perry, Reid,

Roberts, Skelton, SI!ead, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Wcrsham, l\Ir. Presiden,t.

Ayes, 3S. Nays, 0.

Upon casting up the vote it appeared that Senator Hopkins had received 38 votes-the entire vote cast.

The President declared that Senator Hopkins was duly elected President pro tern.

:Mr. Duncan, of Tenth, Chairman of the Engrossing Committee, submitted the following report:

Jf1. President:
The Committee on Engrossing have examined and found correctly engrossed and ready for transmission to the House the following bills of the Senate, to wit:

A bill to amend section 982 of the Code by adding the cities of Baxley in Appling county and Douglasville in Douglas county to the list of State depositories.

Also, a bill to amend section 982 of the Code, by adding the town of LaFayette, in Walker county, to the list of State dE-positmies.

126

JouRNAL oF THE SE~ATE.

Also, a bill to repeal the Act creating the county court of ~larion county.
Re-spectfully submitted. A. .ij. De~CAN, Chairman.

On motion, the :following committee \Yas appointed to prepare suitable resolutions upon the death of Senator Sullivan:

Senators Skelton, Hopkins, Perry, Davis and Snead.

By unanimous consent the following Senate resolutions wcr0 read second time and recommitted to Finance Committee:

By 1fr. Harrell-
.~\ resolution dividing the school fund raised by taxation in this State bet"een the white and colored children.

By }Ir. Harrell--
A resolution directing that the aseessment on all taxable property in thi::: State for Pac>h of the fiscal years 1902 and 190:1, shall not exceed three and one-half mills for all purpose;;.

On motion, Senators Taylor and Park were added to the Penitentiary Committee.

The follo\Ying Senate bills \Yere read first time:

By )Ir. Jordan-
A bill creating a commission to imestigate the feasibility of locating an agricultural and industrial school in each Congressional district in this State.
Referred to the Agricultural Committee.

WEDNESDAY, NovEMBER 12, 1902.

127

13y :Ur. Ledford-

A bill to change the time of holding the superior courts in Union county.

Rderred to the Special Judiciary Committee.

By Mr. nferrittA bill to amend the Act creating the board of county
commissioners for Hancock county.
Referred to the Special .Tudiciary Committee.

By ~Ir. SweatA bill to prohibit the adulteration of turpentine, and
prescribe punishment for same.
Referred to the General Judiciary Committee.

By 1\[r. Park-
A bill to provide for admitting to bail of parties who have been convicted of offenses bailable before trial, upon filing motion for new trial.

Referred to the General Judiciary Committee.

By 1\fr. Comas-
A bill to require the rotation of the judges of the superior courts of this Sb1te, and prescribe method, and for other purposes.
Referred to the General Judiciary Committee.

128

JOURNAL OF THE SENATE.

By :Mr. Worsham-

A Lill to incorporate the Forsyth school district, m Monroe county.

Referred to the Educational Committee.

The following Senate and House pills were read third time to be put upon their passage:

By Mr. Comas-

A bill to repeal section 397 of volume 3 of the Code.

Report o the committee was agreed to.

Upon the passage o the bill the ayes were 25, nays 5.

The bill having received the requisite constitutional majority was passed.

By ~fr. PerryA bill to amend section 1105 of volume 3 o the Code.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 6, nays 23.

The bill not having received the requisite constitutional majority was lost.

By :Mr. Perry-
A bill to proYide for payment of costs and fees in cases in which services are performed by a special bailiff.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

WEDNESDAY, NOVEMBER 12, 1902.

129

The bill having received the requisite constitutional ma-
jority was passed.

By Mr. Lee-

A bill to amend the charter of the town of Flintstone, in Walker county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. TisingerA bill to amend section 691 of the Code of 1895.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 35, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follows:

Amend caption by striking from line 7 thereof the words "or liabilities."

Amend section 1 by striking from the ninth and fifteenth lines the words "or liabilities."

By Mr. Felder-
A bil] to authorize the county commissioners of Bibb county to contribute to the support of the Macon Hospital.

Report of the committee was agreed to.
91!j

130

JOURNAJ;, OF THE SENATE.

Upon the passage of the bill the ayes were 35, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. KentA bill to create a board of county commissioners for
Johnson county. Hcport of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutionalmajority was passed.
At 12 :30 o'clock the Senate went into executive session.
Senator Van Buren was added to the Committee on Mines and l\fining.
The following resolution was read first time:

By :M:r. MiddlebrooksA resolution favoring an exhibit from Georgia at the
St. Louis Exposition. Referred to the Committee on State of the Republic. The following Senate bill was read first time:

By Mr. Perry-
A bill to amend section 2180 of the Code, volume 2, which refers to incorporation, control and management of

T:s:uRSDAY, NovEMBER 13, Hj02,

131

suburban street railroad companies, and for other purposes.

Referred to the Railroad Committee.

Senator Golden was added to the Penitentiary Committee.

On motion, the Senate adjourned until to-morrow morning at 11 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, November 13, 1902.

The Senate met pursuant to adjournment at 11 o'clock; ,w~s called to order by the President.

Prayer was offered by the Chaplain.

Upon the oaU of the roll the following members answered to their names :

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of 10th, Duncan of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Jordan, Lee. Ledford, Mathews, :\lcCiure, 1\fcLean, 1\lc:M:ichael, 1\ferritt, Middlebrooks, :\:loore, Park, Perry,

Reid; Roberts, Skelton, Snead, Stevens, Sw;at, Symons, 'Iaylor, Tisinger, Turner, Van Buren, 'Vorsham. Mr. President,

132

JOURNAL OF THE SENATE.

ThosB absent were :Messrs.-

Lewis,

Rountree,

A motion of reconsideration of Senate bill No. 2 was given.
The .Tournal of yesterday was read and approved.

The following message was received from the Governor through lir. Erwin, Secretary:
11!r. Prf-sident:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, and to respectfully a;.k that same be considered by your honorable body in executive session.

l\fr. Middlebrooks moved to reconsider the action of the Senate in passing the following bill of the Senate on yesterday:
By Mr. Comas--
A bill to repE\al section 397 of volume 3 of the Code.

The motion was lost.

Yr. Snead, chairman Committee on State of Republic, submits the following report:

.Mr. President:

The Committee on State of the Republic has had under consideration tlw following Senate resolution, which it instructs me to report back with the recommendation that it do pass:

THURSDAY, NovEMBER 13, 1902.

133

A resolution, That we favor the State's making an exhibit of our wonderful resources and manufactures at tlu~ Loui!;iana Purchase :Exposition, to be held at St. Louis in 1904.
Respectfully submitted. CLAIBORNE SNEAD, Chairman.

Mr. Perry, chairman General Judiciary Committee, submits the :following report:

The General Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass:
, A bill to repeal th~ Act establishing a city court in the county of Hall.
Also, the following House bill, which they recommend do pass:
A bill to abolish the county court of Screven county. Respectfully submitted.
H. H. PERRY, Vice-Chairman.
Mr. Christie, chairman Committee on Banks, submits the following report :
1.!r. P1esident: The Committee on Banks has had under consideration
the following bill of the Senate, which it instructs me to report back with the recommendation that it do not pass:
A bill to require all chartered banks in this State to be


134

JouRNAr. oF THE SENATE.

kept open for transaction of business with the public, for at least five hours each day.
Respectfully submitted. S. R. CnRIS'riE, Chairman.
)lr. Tisinger, chairman of the Special Judiciary Committee, submits the following report:
M1. President:
The Special Judiciary Committee has had under consideration the following bills of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass:

A bill to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county, without the written consent of th~ owner thereof.

Al:;:o, a bill to change the time of holding superior courts of Union county, in the Northeastern Judicial Circuit, and for other purposes;

A1so, a bil! to amend an Act to create a board of roads and revenues in th~ county of Hancock.

The committee also recommends that the following bill of the lions< do pass:
A hill to incorporate the Tennille school district, m \Va<;hington county.
Respectfully submitted. B. I . TISINGER, Chairman.
Mr. McClnre, chairman of the Committee on Mines and Mining, submits the fol10wii1g report:

THURSDAY, NoVEMBER 13, 1902.

135

Mr. P1esident:
The Committee on Mines and Mining has had under consideration the following bill of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass as amended:

A bill to amend an Act reviving the office of State Geologist.
Respecltfully submitted. R. B. :McCI~URE, Chairman.

.Mr. Jordan, chairman of Committee on Agriculture, submits the following report:

Mr. President:
The C0mmittee on Agriculture has had under consideration the following bills of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass:

A bill to amend section 1570 of the Code of Georgia.

Also, a bill creating a commission to investigate the fea"'ibility of locating an agricultural and industrial scho0l in each Congressional district in this State, and for other purpm;es.
Respectfully submitted. C. H. JmmAN, Chairman.

:Mr. Duncan, chairman of the Engrossing Committee, submits the following report:

Mr. President:

The Engrossing Committee has examin.:d and found

136

JOURNAL OF THE SENATE.

properly engrossed and ready for transmission to the House, the following bills of the Senate, to wit:
A bill to amend section 691 of the Code.

Also, a bill to provide for t:he payment of costs and fees in cases in which services are performed by special criminal bailiffs of the superior and city courts.

Also, a bill to repeal section 397 of volume 3 of the Code.

Also, a bill to am~nd the charter of the town of Flintstone, in Walker county.
Respectfully submitted. A. B. DuNCAN, Chllirman.
The following Senate bills were read second time:

By ~h. Snead-
A bill to authorize the fanners of this State to buy certain ingredients for fertilizers for his own use.

By 1\lr. Perry-

A bill to abolish the city court of Hall county.

By ~Ir. SnPad-
A bill to prohibit any person from hunting on the lands of another in Colnmb'ia county, without written consent.

Bv :1Ir. Merritt--
A bill to ;;.mend the Act crEating the board of county commit>t:ioners in HuucO(k county.

THURSDAY, NovEMBER 13, 1902.

137

l~y )fr. Jordan-

A bill to create a ~ommission to iuvestigate the feasibility of loca tiP.g an agricultural school in each Congressional district in this StatB.

By :Mr, I.ed:ford--
A bill to change the time of holding Union superior conrt.

.1.3;r Mr. Van Buren-'-
A. bill to ainend the Act reviving the office of State Geologist.
The follO\ving Honse bills were read second time :
By ~'h. Franklin-
A bill to incorporate the Tennille 8chool district, Ill. \Yr;shington county.

13y ){r. Overstreet--
A bill to abolish the county court of Screven county.
The !ollowing House bill was read second time and recommitted to the General Judiciary Committee:

By l\fessrs. Slaton, Houston and Blackburn-
A bill to amend section 739 of the Code of Georgia touching the eligibility of councilmen.
Tne following Senate resolutions were read and
~Jopted:

138

JOURNAL OF THE SENATE.

l~y 1\fr. Middlebrooks-

A resolution favoring an exhibit of the State's resources. at the St. Lo1is Exposition.
Also, by :11r. Davis--
A. resolution authorizing the doorkeeper of the Senate to appoint a thircl assistant do01keeper.
Thf' following Senate hills were read first time:

By }fr. Hopkins-

A lili to nuthmize administrators, executors, trusteet'l,. receinws and guardians who are required by law, or by the proceedingf:l appointing such officers, to give bonds, to. charge costs for same.
Referred to the General Judiciary Committee.

By :Mr. Dodd-
A bilJ to provide for the uniform system of text-books in this State.
Referred to the Educational Committee.

By Mr. 1\fcT..ean-
A bill to provide for license of carrying pistols, and pro-vide when same shall go into effect.

Referred to the General Judiciary Committee.

By l\fr. Rountree-A bill to amend section 982 of volume 1 of the Code~

THURSDAY, NovEMBER 13, 1902.

139

by adding the city of Swainsboro to the list of State depositories.

Referrerl to the Committee on Banks.
By J[r. Skelton-A bill to amend section 2412, volume 2 of the Code.
Referred to the General Judiciary Committee.
By Mr. "1fc1EchaelA bill to prohibit the using of passes, franks, franchises,
etc., by judges of the Supreme, superior, city and county courts, and solicitors of said courts, in this State.
Referred to the Special Judiciary Committee.
The following House resolution was read and adopted as amended:

By Mr. Harden-
A resolution, That the General Assembly adjourn on Thanksgiving Day, and the day be declared dies non. The amendment is to strike the words "declared dies non."
At 12:15 o'clock the Senate went into executive session.
On motion, Senate adjourned until to-morrow morning at 11 o'clock.

140

JoURNAL OF THE SENATE.

SENATE CHAMBER, ATLAN'l'A, GEORGIA,
Friday, November 14, 1902.

The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.

Prayer "as offered by the Chaplain.

Upon the call of the rvll the followin~ members answered to their names :

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Jordan, Lee, Ledford, 1\Iathews, McClure, McLean, McMichael, 1\Ierritt, Middlebrooks, :\:loore, Park, l'erry,

Reid, Roberts, Skelton, Snead, Stevens,
~wcat,
~ymons,
'l'aylor, Tisinger, Turner, Van Buren, 'vorsham, llfr. President

Those absent were Messrs.-

Lewis,

Rountree,

The .Journal of yesterday was read and approved.

:Mr. Ledford, cl;airman of the Committee on Education, submitted the following report:

Mr. President: Tl,e Committee on Education has had under consider-

FRIDAY, NovEMBER 14, 1902.

.141

ation the following bill, which they instruct me to report with the reeommen<iation that the same do pass:
.A bill to incorporate the Forsyth school district, in Monroe county, a1d for other purposes.
Respectfully submitted. M. L. LEDFORD, Chairman.
Mr. Duncan, chairman of the Temperance Committee, submits the following report:
Mr. President:
The Committee on Temperance have had under consideration the :following bill of the Senate, which it instructs me to report back with the recommendation that the same do pass:
A bill to make it a misdemeanor ~o be intoxicated on the streets or public roads of this State.
Respectfully submitted. DuNCAN OF 36TH, Chairman.
:Mr. Park, chairman of the W. & A. R. R. Committee, submitted the following report:
Mr. President:
The Committee on Western & Atlantic Railroad has had under consideration the following biH of the Senate, which it instructs me to report back to the Senate with the recommendation that the !'l-ame do pass as amended:
A bill to repeal the .Act authorizing the Governor to appoint an agent to look after the property of the State of Georgia along the line of the W. & A. R. R.
'Respectfully submitted. WALTER G. PARK, Chairman.

142

JOURNAL OF THE SENATE.

:Mr. Perry, chairman Ge!1eral Judiciary Committee, snbmits the following report: -

lrfr. President:
The General Judiciary Committee has had under consideration the following Dill of the Senate, which it instructs me to report back with the recommendation that it do pass:

A bill to amend section 2412, volume 2, Code of 1895, by striking out of said section the word "fourteen," in the third line of said section, between the words "least" and ''years," and substituting in lieu thereof the word "sixteen."

Also, the following hills do pass as amended:
A bill to amend "section 401 of volume 3 of the Code of 1895, and for other purposes.

Also, a hill to fix and prescribe the boundaries of land adjacent to or covered by, or bordering on, all tide waters in this State.

Also, that the following bill do pass by substitute;

A bill to prohibit the adulteration of spirits turpentine, and prescribe punishment for the same, and for other purposes.
Also, the following bills of the House, with the recommendation that they do pass:
A bill to provide compensation for deputy sheriffs and bailiffs of superior and city courts in counties having cities with population of fifty thousand, or more.

FRIDAY, NovEMBER 14, 1902.

143

A bill to amend section 739 of the Code of Georgia,

1<>uching eligibility of councilmen, and for other purposes.

Respectfully submitted.

H. H. PERRY, Chairman.

The following message was received from the House through :M:r. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:
A bill to change the time of holding the fall term of the superior court of 1Iclntosh county, and for other purposes.
Also, a bill to amend the charter of the city of Dawson, so as to reduce the mayor's salary to three hundred dollars -per annum.
Also, a bill to amend an Act approved August 28, 1889, -entitled "an Act to incorporte the town of :M:cRae, in Telfair county," and for other purposes.
Also, a bill to amend the several acts incorporating the city of Rome, and to amend the Act repealing the charter -of South Rome, relating to Myrtle Hill Cemetery.
Also, a bill to repeal the Act creating office of special :agent of W. & A. R. R. ; devolving duties of said agent on Attorney-General, and preventing appointment of anothel' to said office.
Also, a bill to alter and amend the Act incorporating the town of Sasser, in Terrell county, so as to provide for :an additional councilman.

144

JOURNAL OF THE SENATE.

Also, a bill to amend an Act amending paragraph 7 of section 107 of the Code of 1895, approved December 20, 1898, and for other purposes.

. The following Senate bill was read first time:

By :Mr. Davis-
A bill to amend the Act incorporating the town of :Midville, in the county of Burke.

Referred to the Committee on Corporations.

The followin~ House bills were read third time to be put upon their passage:

By Mr. FranklinA bill to incorporat,e the Tennille school district, in
Washington county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill having rec(lived the requisite constitutional majority was passed.

By :Mr. OverstreetA bill to abolish the county court of Screven county. Report of the committee was agreed to. Upon the passage of the bill the ayes were 30, nays 0. The bill having received the requisite constitutional ma-
jority was passed.

FRIDAY, NovEMBER 14, 190~.

145

By Messrs. Slaton, Houston and Blackburn-
A bill to amend section 739 of the Code of Georgia, touching the eligibility of councilmen, and for other purposes.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional majority was passed.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following House bill, to wit:

A bill to amend the char,t.er of Atlanta, so as to provide for bonds for sewers and water-works.

The following Senate bills were read third time and put upon their passage:

By :Mr. SneadA bill to amend section 1570 of the Code of Georgia. . Report of the committee was agreed to. Upon the passage of the bill the ayes were 33, nays 0.

The bill having received the requisite constitutional majority was passed.
10 j

146

JOURNAL OF THE SENATE.

By lfl'\- Van Buren-

A bill to amend the .Act reviving the office of Stat6 Geologist, and for other purposes.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendment is as follows: And each assistant shall not receive more than fifteen hundred dollars a year.

By Mr. Perry-
A bill to abolish the city court of Hall county, and fo:& other purposes.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional rna-. jority was passed.

By Mr. }ferritt-
A bill to amend the Act to create the board of roads and revenues in hancock county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, NovEMBER 14, 1902.

147

By Mr. Snead-

A bill to prohibit any person from hunting on the lands of another in Columbia county without written consent :from the O"\vner.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional majority was passed.
By :Mr. Jordan-
A bill to create a commission to investigate the feasibility of locating an agricultural school in each Congressional district of this State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Ledford-
A bill to change the time of holding the superior court of Union county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 33, nays 0.

The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

148

JOURNAL OF THE SENATE.

By Mr. Howell-

A resolution authorizing the treasurer to pay the per diem and mileage for this session due Ron. P. J. Sullivan, deceased, to his administrator.

This resolution was ordered immeditely transmitted to the House.
All of the House bills which were passed by the Senate to-day was ordered immeditely transmitted to the House.

The following Senate bills were read second time:
By Mr. Lee-
A bill to repeal the Act authorizing the Governor to appoint an agent to look after the interests of the State along the line of the W. & A. R. R.
By }Ir. Sweat-

A bill to make it a misdemeanor to be intoxicated on the streets or public roads in this State.

By :Mr. :Mathews-

A bill to amend section 401, volume 3 of the Code.

By :Mr. Sweat-

A bill to prohibit the adulteration of turpentine in this State.
By Mr. Symons-

A bill to fix the boundaries of land adjacent to or covered by, or bordering on, all tide water.

FRIDAY, NOVEMBER 14, 1902.

149

By Mr. Skelton-

A bill to amend section 2412 of the Code.

By Mr. Worsham-
.A bill to incorporate the Forsyth school district in Munroe county.

The following House bills were read first time:

By Mr. Rainey-
A bill to amend the Act incorporating the town of Sasser, in Terrell county.

Referred to the Special Judiciary Committee.

By Mr. Akin-
A bill to repeal the Act creating the office of special attorney for the W. & A. R. R.
Referred to the Committee on W. & A. R. R.
By Mr. CookA bill to amend the Act incorporating the town of Me-
Rea, in Telfair county.

Referred to Committee on Corporations.
By lir. McHenry-
A bill to amend the several Acts incorporating the city of Rome, so as to extend the limits of Myrtle Hill school district.

Referred to Committee on Corporations.

150

JouRNAL oF THE SENATE.

By Mr. Rogers-

A bill to change the time of holding the fall term of the superior court in Mcintosh county.

H.cferred to the Special ,Judiciary Committee.

By Ur. RaineyA bill to amend the charter of the city of Dawson, so as
to reduce the salary of ma~'or.
Referred to the Special Judiciary Committee.
By !fr. FranklinA bill to amend paragraph 7, section 107 of the Code.
Referred to the General Judiciary Committee.
By Messrs. Slaton, Houston and BlackburnA bill to amend the charter of the city of Atlanta to pro-
vide for the issuing of bonds for sewer purposes. Referred to Committee on Corporations.
The following House bill was read second time:
By Mr. HardinA bill to provide compensation for deputy sheriffs and
bailiffs of the superior court and city courts of the State in cities with a population of fifty thousand, or more.
The following Senate bills were read first time:

FRIDAY, NOVEMBER 14, 1902.

151

By Mr. MathewsA bill to amend section 2809 of the Code.

Referred to the General Judiciary Committee.

By l\Ir. McMichael-

A bill to provide for hiring felon convicts by the Prison Commission at the expiration of the prese~t contracts; to apportion the net proceeds for said hire.

Referred to Committee on Penitentiary. By }[r. Comas-

A bill to amend section 1541 of the Code, relative to election laws, relative to petition for prohibition elections.

Referred to tlw Speeial Judiciary Committee.

By :Mr. LeeA bill to amend the Act creating the prison commission. Referred to Committee on Penitentiary.

By :Mr. ComasA bill to prescribe rules which shall govern the transpor
tation of the dead in this State.
Referred to the Committee on Hygiene and Sanitation.

By :Mr. Mathews-
A bill to repeal section 2349 of the Code, and alter and amend section 2350 of the same.

Referred to the General Judiciary Committee.

152

JoURNAL OF THE SENATE.

By Mr. Sweat-

A bill to provide for enclosed polling places at each election precinct in this State.

Referred to the General Judiciary Committee..

Two hundred copies of Senate bills Nos. 53 and 54 were ordered printed for the use of the Senate.

Leave of absence was granted Senators Christie and Skelton.

Upon motion, the Senate adjourned until Monday morning at 12 o'clock.

SENATE CHA~IBER, ATLANTA, GEORGIA,
!fonday, November 17, 1902.

The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.

Prayer was offered by Senator Atkinson.

Upon the call of the roll the following members answered to their names :

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd,

Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower, Hopkins, Hudson,

Jordan, Lee. Ledford, Mathews, McClure, McLean, Mcl\llchael, Merritt,

MoNDAY, NovEMBER 17, 1902.

153

Middlebrooks, Moore, Park, Perry, Reid,

Roberts, Snead, Stevens, Sweat, Symons,

'l'aylor, 1'urner, Van Buren, ''Vorsham, :\tr. Presiden,t.

Thoso absent were 1\fessrs.-

J,ewis, Rountree,

Skelton,

Tisinger,

The Journal of Friday was read and approved.

The following message was received from the House through :Mr. Boifeaillet, the Clerk thereof:

.Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to establish a county court of Wilkes county, and to repeal an Act entitled "an Act to establish a city court oQf '\Vashington, in and for the county of .Wilkes!'

Also, a bill to establish the city court of }.fcRea, in and for the county of Telfair, and for other purposes.

Also, a bill authorizing the village of Summerville to issue bonds for extension of water-works and sewers.
Also, a bill to authorize the village of Summerville to provide and maintain cemeteries, and for other purposes.
Also, a bill to amend section 2145 of the Code of 1895, -so as to better fix the venue of suits against insurance con1 panics.
}.fr. I,edford, chairman pro tern. of the Committee on :Engrossing, submitted the following report:

154

JOURNAL OF THE SENATE.

Mr. President:
The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House the following bills of the Senate, to wit:

A bill to be entitled an Act to change the time of holding superior courts of Union county in the Northeastern Judicial Circuit, and for other purposes.

A bill to be entitled an Act to amend section 1570 of the Code of Georgia.

A bill to be entitled an Act to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county without the written consent of the owner thereof.

A bill to be entitled an Act to amend an Act reviving the office of State Geologist, and for other purposes.

A bill to be entitled an Act to repeal an Act entitled an Act to establish a city court in the county of Hall, and to provide for the appointment of a judge and solicitor thereof, approved August 14, 1891, and all Acts amendatory thereof, and to provide for the disposition of the business in said court.
A bill to be entitled an Act to amend "an Act to create a board of roads and revenues in the county of Hancock; to define their powers and duties, and for other purposes," approved October 5~ 1885, .and Acts amendatory thereof, so as to provide for the election of the commissioners of roads and revenues in the county of Hancock by the duly qualified electors thereof, and to provide the manner, time and place of said elections, and term of office, and for otherpurposes.

:MoNDAY, NovEMBER 17, 1902.

155

A bill to be entitled an Act creating a commission to investigate the :feasibility o:f locating an agricultural and industrial school in each Congressional district in this State, and :for other purposes.
Ref'pcct:fully submitted. LEDFORD, Acting Chairman.

The :following resolution was read and adopted:

By 1\Ir. Harrell-

A resolution tendering the use o:f the Senate Chamber to the .Atlanta Camp of U. C. Veterans, :for the purpose o:f holding a meeting to-night. .

A report was submitted by the special committe,') appointed to investigate the convict lease system, and referred to the Committee on Penitentiary.
The :following Senate bills were read first time:

By 1\fr. "Middlebrooks-
A bill to provide for hiring one-hal:f of the fenoly convicts by the prison commission, and to provide :for the working of the other half.

Referred to Committee on Penitentiary.

By :Mr. Snead-
A bill to amend section 4315 of the Code, so as to remove the restriction of holding more than two terms of the superior courts in each county in this State.
Referred to the General Judiciary Committee.

156

JouRNAL oF THE SENA'J;E.

By Mr. SneadA bill to increase the number of terms of the Richmond
Superior Courts.
Referred to the General Judiciary Committee.
By :Mr. TaylorA bill to amend paragraph 1, section 1, 'article 7 of the
Constitution, which relates to widows' pensions.

Referred to the Committee on Constitutional Amendments.
By :Mr. Park-
A bill to amend the Act approved December 16, 1897, authorizing county, city and town boards of education, prescribing and regulating the manner of making changes in school books.
Referred to Committee on Education.
A communication from the Savannah Board of Trade was read requesting the State to make an exhibit at the St. I.ouis Exposition.
Senate bill Ko. 36 was recommitted to the General Judiciar,y Committee.
The following House bills were read first time:
By Mr. FlyntA bill to amend section 2145 of the Code, so as to better
fix the venue of suits against insurance companies.
Referred to the General Judiciary Committee.

MONDAY, NOVEMBER 17, 1902.

157

By Mr. Cook-
A bill to establish the city court of McRea, in the city of McRea, in Telfair county.

Referred to the Special Judiciary Committee.

By :Messrs. Alexander and GrenadeA bill to establish a county court for Wilkes county.

Referred to the Special Judiciary Committee.

By Mr. Dunbar-
A bill to authorize the village of Summerville to provide and maintain cemeteries within or without the limits of said village.

Referrerl to Committee on Corporations.

By l'Ir. Dunbar-
A bill to authorize the village of Summerville, in Richmond county, to issue bonds not to exceed $25,000.00, for water-works purposes.

Referred to Committee on Corporations.

The following House bills were read second time and recommitted:

By Mr. Cook-
A bill to amend the Act incorporating the town of MeRea, in Telfair county.

By Messrs. Slaton, Houston and Blackburn-
A bill to amend the charter of the city of Atlanta, so as to proYide for the issuing of bonds for sewerage purposes.

158

JOURNAL OF THE SENATE.

By Mr. FranklinA bill to amend paragraph 7, section 107 of the Code. The following Senate lill was read second time:

By Mr. Davis-
A bill to amend the Act incorporating the town of :Midville, in Burke county, so as to change the corporate limits of said town.
The following Senate bill was read first time:

By ~Ir. Davis-
A bill to amend section 311 of the Code, which provides punishment for persons who attempt to rescue those in legal custody on criminal process.
Referred to the General Judiciary Committee.
The following Honse bill was read second time and recommitted:

By :Mr. :McHenry-
A bill to amend the Act incorporating the city of Rome, so as to extend the limits of the :Myrtle Hill Cemetery.
The following Senate bills were read third time to be put upon their passage:

By :Mr. WorshamA bill to incorporate the Forsyth school district, m
Monroe county.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

MoNDAY, NovEMBER 17, 1902.

159

The bill having received the requisite constitutional rna jority was passed.

By Mr. Sweat-

A bill to prohibit the adulteration of turpenitne in this State, and provide punishment for same.

Report of the committee was agreed to.
o: Upon the passage of the bill the ayes were 30, nays

The bill having received the requisite constitutional majority was passed by substitute.

By :Mr. Lee-
A bill to repeal the Act authorizing the Governor to appoint an agent to look after the property of the Western .& Atlantic Railroad.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 24, nays 0.
The bill having received thr, requisite constitutional majority was passed as amended, and the amendments are as follows: Substitute for section first. Be it enacted by thE> General Assembly of Georgia, That the Act entitled an Act to authorize the Govemor to appoint an agent to lom' after the property of Georgia in Tennessee, and in Georgia along the line of the Western & Atlantic Railroad; to prescribe his duties; fix his compensation; make an appropiration therefor, and for other purposes, approved Decem.ber 20, 1892 be, and the same is, hereby repealed.

160

JOURNAL OF THE SENATE.

By Mr. Sweat-

A bill to make it a misdemeanor to be intoxicated on the streets or public roads of this State.

Report of the committee was agreed to.

On motion, the bill was tabled.

At 12:40 the Senate went into executive session.

On motion, the Senate adjourned until to-morrow at 11 o'clock.

SENATE CnA~IBER, ATLANTA, GEORGIA,
Tuesday, November 18, 1902.

The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.

Prayer was ofiered by the Chaplain.

Upo11. the call of the roll the following members answered to their names:

Allen, Atkinson, Christie, Clark, Clements, Comas, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden,

Harrell, Hightower, Hopkins, Hudson, Jordan, Lee, Ledford, Mathews, McClure, l\IcLean,
l\Ic~Iichael,

~Ierritt,
Middlebrooks, l\Ioore, Park, Perry, Reid, Roberts, Skelton, Snead, Stevens, Sweat,

TuESDAY, NovEMBER 18, 1902.

161

Symons, Taylor, Tisinger,

Turner, Van Buren,

Worsham, Mr. President.

Tho~e absent were Messrs.-

Crumbley,

Lewis.

Rountree,

The .Tournal of yesterday was read and approved.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Jfr. President:
The House has concurred in the Senate amendment to House resolution No. 52, in regard to Thanksgiving Day.

The House has passed by the requisite constitutional majority the following bills of the House, to wit:
A bill to establish a dispensary in the town of Colquitt, :Miller county, Georgia, and for other purposes.
Also, a bill to provide a board of commissioners of roads and revenues for the county of :Monroe, and for o!her purposes.

Also, a bill to repeal an Act providing for payment of insolvent cost due clerk superior court and sheriff of Fayette county.

Also, a bill to amend section 151 of volume 3 of the Code of 1895, so as to more fully define "robbery."
Also, a bill to amend the charter of Bronwood, Georgia, so as to appropriate to payment of teachers and erection
11 i

162

JOURNAL OF THE SENATE.

of buildings, such money coming from dispensary not otherwise appropriated.

Also, a bill for protection of Confederate and other soldiers, and for other purposes.

Also, a bill to repeal an Act establishing a county court for Butts county, Georgia, and for other purposes.

Also, a bill to repeal an Act establishing a dispensary in the city of Washington, Wilkes county, Georgia, and for other purposes.

Also, a bill to amend section 982 of the Code of Georgia, so as to add the town o Hartwell, in Hart county~ Georgia, to the list of State depositories.

The following message was received from the Governor through Mr. Er.win, Secretary Executive Department.

Mr. President:

I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, and to respectfully ask that same be considered by your honorable body in executive session.

:Mr. Perry, chairman General Judiciary Committee~ submits the following report:

~Jr. President:

The General Judiciary Committee has had under consideration the following bills of the Senate, which it in-
structs me to report back with tli'e recommendation that
they do pass:

TuESDAY, NovEMBER 18, 1902.

163

A bill to increase the number of terms of the superior court of Richmond county, and for other purposes.

Also, a bill to amend section 4315 of the Code of Georgia of 18V5, so as to remove the restriction of holding only two terms of the superior court in the several counties of the State, and for other purposes.

Also, a bill to amend section 311 of the Penal Code, which provides punishment for persons who attempt to rescue those in legal custody on criminal process.
Also, that the fellowing bill do pass by substitute:

A bill to fix and prescribe the boundaries of lands bordering on tide waters in this State.

Also, that the following House bill do not pass:
A bill to amend an Act amending paragraph 7 of section 107 of the Code of 1895, approved December 20, 1898, relative to the change of venue in contested election cases.
Respectfully submitted. H. H. PERRY, Chairman.

Mr. Perry, chairman of the Committee on Constitutional Amendments, submitted the following report:

Mr. President:
The Committee on Constitutional Amendments has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that the same do pass:

16f

,JOURNAL OF THE SENATE.

A bill to alter and amend article 8, section 4, paragraph 1 of the Constitution of this State.
Respectfully submitted. H. H. PERRY, Chairman.

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:

The Committee on ~ngrossing have examined and found correctly engrossed and ready for transmission to the House the following bills of the Senate, to wit:

A bill to be entitled an Act to repeal an Act entitled "an Act to authorize the Governor to appoint an agent t( look after the property of the State of Georgia in Tennes see and in Georgia along the line of the Western & Atlantic Railroad; to prescribe his duties, fix his compensation, make an appropriation therefor, and for other purposes," appr<?ved December 20, 1892.

A bill to be entitled an Act to make penal the adulterat_ion of, when intended for sale, and the sale, or offering for sale, spirits of turpentine when so adulterated, and for other purposes.

A bill to be entitled an Act to incorporate the Forsyth school district, in :Monroe county, and define the boundaries of the same; to establish a board of education therein; to provide for the election of the same, and to confer on said board certain powers; to regulate the management and control of schools in said district, and to provide revenue for the same, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chairman.

TUESDAY, NOVEMBER 18, 1902.

165

Mr. Christie, chairman of the Committee on Banks, submitted the following report:
Mr. President:
The Committee on Banks have had under consideration the following bill, which they instruct me to report with the recommendation that the same do pass:
A bill to be entitled an Act to amend section 982 of volume 1 of the Code of Georgia of 1895, providing for the selection by the Governor, of banks in certain cities therein named as State depositories, and the several Acts of the General Assembly amendatory thereof, so as to add the city of Swainel:!boro, Emanuel county, to the list of such cities.
Also, the following bill, which they recommend that the same do not pass:

A bill to proville for the examination of private banks : by the bank examiner of the State ; to compel the making
of statements as now required of incorporated banks; .to provide a penalty for failure or refusal to comply therewith, and for other purposes.
Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Davis, Chairman of the Committee on Finance, submits the following report:
Mr. President: The Committee on Finance has had under consideration
the following joint resolution of the Senate, which it instructs me to report back with the recommendation that it do not pass :

166

JouRNAL OF THE SENATE.

A joint resolution directing that the assessment on all

taxable property of this State for each of the fiscal years

of 1902 and 1903 shall not exceed 3 1-2 mills 'for all pur-

poses.

Respectfully submitted.

DAVIS, Chairman.

The Committee to visit the Sanitarium was given leave of absence for Tuesday, Nov. 25th and Wednesday, 26th.

The following House bills were read first time:

By :Messrs. Alexander and Grenade-

A bill to repeal the Act establishing a dispensary in the city of Washington, Wilkes county.

Referred to the Temperance Committee.

By :Mr. Beauchamp-
A bill to repeal the Act establishing the county court of Butts county.

Referred to the General Judiciary Committee.
By }fr. SteedA bill to protect Confederate and other soldiers men-
tioned in an Act approved December 9th, 1897.

Referred to the General Judiciary Committee.

By :Mr. Bush-
A bill to establish a dispensary m Colquitt, Miller county.

Referred to the Temperance Committee.

\

TuESDAY, NovEMBER 18, 1902.

167

"By }fr. Wise-

A bill to repeal an Act providing for the payment of insolvent costs due cierk of superior court and sheriff of Fay..ette county.

Referred to the Special Judiciary Committee.
By :M:r. RaineyA bill to amend the charter of the town of Bronwood,
relative to the payment of school teachers.

Referred to the Special Judiciary Committee.

-ny :Messrs. Shannon and Walker-

A bill to provide for a board of County Commissioners for :Monroe county.

Referred to the Corporation Committee.

By Mr. McCurrv-
A bill to amend section 982 of the Code by adding the town of Hartwell to the list o:f State depositories.

Referred to the Committee on Banks. J3y Mr. Underwood-
A bill to amend section 151 of volume 3 of thP. Code.

Referred to the General Judiciary Committee.

Senate resolution No. 9 was withdrawn by its author.

Senate bill No. 25 was taken from the table and recom-mitted to the Temperance Committee.

168

JoURNAL oF THE SENATE.

The following Senate bills were read second time:

By Mr. Perry-

A bill to amend section 2180, volume 2 of the Coder which provides for the incorporation and management of suburban street railway companies.

By Mr. Davis-

A bill to amend section 311 of the Penal Code which provides punishment for persons who attem:r?t to rescue those in legal custody on criminal process.

By Mr. Snead-

A bill to amend section 4315 of the code so as to removethe restriction of holding more than two terms of the superior courts in the several counties of this State.

By Mr. Snead-

A bill to increase the number of terms of Richmond superior court.
By Mr. Rountree--
A bill to amend section 982, volume 1 of the Code by adding the city of Swainsboro in Emanuel county to thelist of State depositories.

The following House bill was read second time and ~a committed to the Special Judiciary Committee.

By Mr. Cook-
A bill to establish the city court of McRae in Telfair county.

TuEsDAY, NovEM:SER 18, 1902.

169

The following message was received from the Governor through Mr. Erwin, Secretary:

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication and to respectfully ask that same be considered by your honorable body in executive session.

The following Senate bills were read third time and put upon their passage:

By Mr. McMichael-
A bill to alter and amend article 8, section 4, paragraph 1 of the Constitution.

Report of the committee was agreed to.

This being a constitutional amendment, the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Co1iws, Dodd, Davis, Duucan of lOth, Duncan, of 36th, Harrell, Hopkins, Hudson, Jordan,

Lee, Ledford, Mathews, McClure, McLean,. McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid,

Roberts, Skelton, Snead, Stevens,
Sw~at,
Symons, Taylor, Tisinger, Turner, Van Buren, "'orsham, .Mr. President.

Those voting in the negative were Messrs.-
Golden,

170

JoURNAL OF THE SENATE.

Tho~e not voting "\\ere Messrs.-

.Clements,
Crumbley,

Hightower, Lewis

Ayes 37, nays 1.

Rountree,

The bill having received the requisite constitutional twothird majority, was passed as amended and the bill is as follows:

A bill to be entitled an Act to alter and amend article S, section 4, paragraph 1 of the Constitution of the State by striking out the words "upon the recommendation of two grand juries," which begin in the first line after the word "counties" and ends in the second line before the word "and," and substituting therefor "Militia districts, school districts" and by inserting the words "Militia districts, school districts" in the seventh line after the word "county" and before the word "or," and further by striking out the word "two-thirds" which begins in the seventh line after the word "a" and ends in the eigth line before the word "vote" and substituting therefor the words "twothird majority of those voting;" and the manner of submitting the same for ratification, and for other purposes.
Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that article 8, section 4, paragraph 1 of the Constitution of the State be altered and amended by striking out the words "upon the recommendation of two grand juries," which begin in the first line after the word "cmtnties" and end in the second line before the word "and," and substituting therefor the words ":l\filitia districts, school districts," and by inserting the words ":l\filitia districts school districts"

TuESDAY, NovEMBER 18, 1902.

171

in the seventh line after the word "county,' and before the word "or," and further by striking out the word "twothirds," which begins in the se~enth line after the word "a," and ends in the eighth line before the word "vote," and sub-stituting therefore the words "two-thirds majority of those voting." So that said paragraph shall read when amended as follows, viz.: "Authority may be granted to countie::~, militia districts, school districts, and to municipal corporations upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation; but no such laws shall take effect until the same shall have been submitted to a vote of the -qualified voters in each county, militia district, school district, or municipal corporation, and approved by two-thirds majority of persons voting at such election, and the General Assembly may prescribe who shall vote on such questions.
SEc. II. Be it further enacted, That if this amendment -shall be agreed to by two-thirds of the members elected to -each of the two houses, the same shall be entered on their Journals, with the ayes and nays taken thereon, and the Governor shall cause said amendment to be published in '()ne or more newspapers in each Congressional district for two months previous tq the next general election, and the legal voters at the next general election shall have written. '()r printed on their tickets "Ratification," or "Against Ratification," as they may choose to vote, and if a majority of the electors qualified to vote for members of the General Assembly, voting, shall vote in favor of "Ratification," then -said amendment shall become a part of said article 8, section 4, paragraph 1 of the Constitution of this State, an1l the Governor shall make proclamation thereof.
SEc. III. Be it further enacted, That all laws m conflict with this Act be, and the same are, repealed.

172

JOURNAL OF THE. SENATE.

By Mr. Mathews-
A bill to amend section .401 of volume 13 of the Code, relative to gambling.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed as amended. The amendments are as fol lows: Amend section 1, lines 6-15 and 16, by striking the words "or upon the chance of any uncertain event."

By Mr. Symons-
A bill to fix and prescribe the boundaries of land adjaeent to or covered by, or bordering on tide water in this State.

Report of the committee 'was agreed to. Upon the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed by substitute. By Mr. Skelton-
A bill to amend section 2412, volume 2 of the Code.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read third tiine to be put upon their passage:

TUESDAY, NOVEMBER 18, 1902.

173

By Mr. Hardin-
A bill to provide compensation for deputy sheriffs and bailiffs of superior and city courts in this State in counties with a population of 50,000.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 30, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. FranklinA bill to amend paragraph 7, section 107 of the Code. The report of the committee was agreed to, which was
adverse to the passage of the bill, and the bill was lost.
The following Senate bills were read first time:

By l\Ir. Park-
A bi11 to amend section 2615 of the Code, which regulates the hours of labor required of persons working in cotton factories.
Referred to the Immigration and Labor Committee.
.
By :Mr. Duncan-
A bill to establish depositories in each county of thi'l State and prescribe their duties and liabilities.
Heferred to the Finance Committee.

1'f4

JOURNAL OF THE SENATE.

By Mr. Perry-
A bill to amend article 7, section 1 of the Constitution, so as to limit the annual tax rate to five mills on each dollar.

Referred to the Committee on Constitutional Amendments.

~'\.t 12 :30 the Senate went into executive session.

On motion, the Senate adjourned until to-morrow morning at 11 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, November 19, 1902.

The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer wa;;; offered by Senator Atkinson.

Upon the call of the roll the following members answered to their names :

Allen, Atkinson, Christie,
(~lark,
Clements, Comas, Dodd, DaYis, Duncan of lOth, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Jordan, Lee, Ledford, :\Ia thews, :\IcClt:re, :\IcLean, :.\Ic:.\Iichael, :.\Ierritt, :.\Iilldlebrooks, :.\Ioore, Park. Perry,

Reid, Roberts, Skelton, Snead, 8teYens, 8'\l.rent, Symons, Taylor, Tisinger, 'l'urner, Van Buren, 'Vorsham, l\Ir. President.

WEDNESDAY, NovEMBER 19, 1902.

175

Those absent Wdre Messrs.--

Crumblt>y,

Lewis,

Rountree,

The Journal of yesterday was read and approved. The following message was received from the House through :Mr. Boifeuillet, the Ulerk thereof:

Jfr. President:
The Honse has passed by, the requisite constitutional majority the following bill of the House, to wit:

A bill to create a new charter for the town of Lumpkin, in Stewart county, Georgia, and for other purposes.

Mr. Ledford, chairman pro tern. of the Special Judiciary Committee, submitted the following report:

The Special ,Tudiciary Committee have had under consideration the following House bills, which they instruct me to report with the recommendation that they do pass:
A bill to be entitled "an Act to amend the charter of the city of Dawson," so as to reduce the salary of mayor of said city to three hundred dollars per annum.
A bill to be entitled aan Act to amend the charter of the town of Bronwood, Terrell county, Georgia," approved September 24, 1883, so as to authorize mayor and council thereof to appropriate annually for paying teachers and erecting buildings in said town, any money in the town treasury coming from dispensary located in said town, not otherwise appropriated, and for other purposes.
'
A bill to be entitled "an Act to alter and amend the Act

176

JouRNAL oF THE SEa.'iATE.

to incorporate the town of Sasser, in Terrell county," and for other purposes, approved December 29, 1890, providing for additional councilmen, and for other purposes.
Respectfully submitted. LEDFORD, Chairman pro tern.

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing have had for examinatiol'l the following bills, which they instruct me to report, are correctly engrossed.

A bill to alter and amend article 8, section 4, paragraph 1 of the Constitution of the State of Georgia.

A bill to be entitled "an Act to amend section 401 of volume 3 of the Code of 1895 (commonly known as the Penal Code)," and for other purposes.

A bill to be entitled "an Act to fix and prescribe the boundaries of land adjacent to or covered by, or bordm-ing on, all tide waters in this State which are not contemplated by sections 3058, 3059 and 3060 of the Civil Code of Georgia of 1895, relating to the subject of streams and boundaries, and to prescribe the rights of owners of such adjacent lands within such boundaries, and to define navigable tide waters," and :for other purposes.

A bill to be entitled an Act to amend section 2412, volume 2, Code 18fl5, by striking out of said section the word ":fourteen," in the third line o:f said section, between th& words "lenst" and ",vcars," and substituting in lieu thereof the word "sixteen."
Respectfully submitted. A. B. DuNCAN, Chairman.

WEDNESDAY, NovEMBER 19, 1902.

177

Mr. Perry, chairman of the Committee on General Judiciary, submits the following report:
Mr. President: The General Judiciary Committee have had under con-
sideration the following bills of the Senate, which it instructs me to report back with the recommendation that they do pass :
A bill to change the time of holding elections for Governor, State house officers, and other officers in this State.
Also, a bill to authorize administrators, executors, trustees, receivers and guardians, who are required by law to give bond, to charge cost or premium for such bond, and for other purposes.
Also, that the following bill of the Senate do pass by substitute:

A bill to change the time of meeting of the General Assembly.

Also, that the following bill of the House do pass:
A bill to abolish the county court of Butts county, and for other purposes.
Respectfully submitted. H. H. PERRY, Chairman.
!1r. Perry, chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. Prc.~ident: The Committee on Constitutional Amendments has had

178

JoURNAL OF THE SENATE.

under consideration the following bill of the Senate, which it instructs me to report back to the Senate with the recommendation that the same do pass as amended:

A bill to amend paragraph 1, section 1, article 1 of the Constitution, relative to widows' pensions.
Respectfully submitted. H. H. PERRY, Chairman.

:Mr. Middlebrooks, chairman of Committee on Corporations, submits the following report:
J/r. Preside:ut: The Committee on Corporations have had under con-
sideration the following bill of the Senate, which I am instructed to report back to the Senate with the recommendation that the same do pass:
A bill to be entitled an Act to amend an Act incorporating the town of Midville, in the county of Burke.

Also, the fo1lowing bills of the House do pass, to wit:

A bill to anthorize the village of Summerville, in Richmond county, to issue not exceeding $25,000.00 of bonds for the purpose of improving water-works and sewerage system of said village.
A bill to authorize the village of Summerville, in Richmond county, to provide and maintain cemeteries within or without the limits of said village.

A bill to amend the several Acts incorporating the city of Rome, and to amend Act repealing the charter of South Rome.

That the fol)owing House bill do pass as amended:

WEDNESDAY, NovEMBER 19, 1902.

179

A bill to amend the charter of the city of Atlanta, so as to provide for issuing bonds for sewers and water-works.
Respectfully submitted. L. L. MIDDLEBROOKs, Chairman.

Mr. Christie, chairman of the Committee on Banks, submitted the following report:

Mr. President:
The Committee on Banks have had under consideration the following bill, which they instruct me to report with the recommendation that the same do pass :

A bill to be entitled an Act to amend section 982 of the Code of Georgia, by adding the to\\>'ll of Hartwell, in Hart county, Georgia, to the list of State depositories.
Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Comas, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
The Committee on Hygiene and Sanitation have ha<iunder consideration the following bill, which they instruct me to report back with the recommendation that the sallledo pass:
A bill to be entitled an ~\ct to prescribe rules which shall govern in the transportation of the dead in this State, and for other purposes.
Respectfully submitted. P. H. CoMAs, Chairman.

180

JOURNAL OF THE SENATE.

The following message was received from the Governor through ~fr. Erwin, Secretary Executive Department.
Mr. President: I am directed by the Governor to deliver to the Senate a
sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
:Mr. :Mathews, chairman of the Committee on Railroads, submitted the following report:

Mr. President:
The Committee on Railroads have had under consider:ation the following Senate bill, which they instruct me to .report with the recommendation that the same do pass as camended:

A bill to be entitled an Act to amend section 2180 of volume 2 of the Code of 1895, by adding to said section "and provided further, that nothing in section 2176 of said preceding division which provides that the general direction and location of railroads sought to be constructed in this State, shall be ten milesfrom a railroad already constructed or laid out, and sele~ted to be constru.cted, shall be, or be held applicable to clectrict, street or suburban or interurban railways, or the selection of the route or the construction of the same."
Hespectfully submitted. H. A. MATHEWS, Chairman.
The following Senate bill. was read first time:

By :Mr. ClementsA bill to authorize and require the prison commission to

WEDNESDAY, NovEMBER 19, 1902.

181.

hire the labor of the felony convicts of this State for a. period of five years.
Referred to the Committee on Penitentiary.

The following Senate bills were read second time: By lfr. Skelton-

.A bill to change the time of holding the election of Governor, State house officers, and other officers of this State.

By Mr. Hopkins-
.A bill to authorize administrators, executors, trustees,. receivers and guardians, who are required by law to give bond, to charge cost for same.

By Mr. Skelton-

A bill to change the time of the meeting of the General Assembly from the fourth Wednesday in October to the second Monday in January.
By Mr. Comas-

A bil! to prescribe rules which shall govern in the transportation of the dead in this State.

The following House bills were read second time:

By Mr. Rainey-
.A bilJ to amend the charter of the town of Bronwood, in Terrell county.

By Mr. Rainey.A bill to amend the .Act incorporating the town of Sasser.

182

JOURNAL OJ!' THE SENATE.

By Mr. McCurry-.-

A bill to amend section 982 of the Code by adding the town of Hartwell to the list of State depositories.

By Mr. Beauchamp-

A bill to repeal the Act establishing the county court of Butts county.

By Mr. Dunbar-
A bill to authorize the village of Summerville, in Richmond county, to provide and maintain cemeteries within its limits.

By Mr. Rainey-
A bill to amend the charter of the city of Dawson, so as to reduce the salary of mayor.

By Mr. Dunbar-
A bill to authorize the village of Summerville to issue $25,000.00 in bonds.

By Mr. Bush-

A bill to establish and maintain a dispensary in Colquitt, Miller county.

This bill was recommitted to the Temperance Committee.

The following Senate bills were read third time to be put upon their passage:

By Mr. SneadA bill to amend section 4315 of the Code, so as to re-

WEDNESDAY, NovEMBER 19, 1902.

183

move the restriction of holding only two terms of superior court in the several counties of this State.
Ueport of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority "\Vas passed.

By Mr. Snead-

A bill to increase the number of terms of Richmond superior court.

Heport of the committee was agreed to. Upon the passage of the bill the ayes were 29, nays 0. 'rhe bill having received the requisite constitutional majority, was passed. By Mr. Davis-

A bill to amend section 311 of the Penal Code. Ueport of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By :}fr. Davis-

A bill to amend the Act incorporating the town of Midville, in Burke county.
Report of the committee was agreed to.

184

JOURNAL OF THE 8ENATR

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Rountree-
A bill to amend section 982, volume 1 of the Code by adding the city of Swainsboro to the list of State depositones.
Report of the committee was agreed to.
"Gpon the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Perry-
A bill to amend section 2180 of volume 2 of the Code, which proYides for the incorporation and control of suburban and street railway companies.

Report of 1he committee was agreed to.

Upon the passage of the bill the ayes were 36, nays 0.
The bill havil!g received the requisite constitutional majority was passed as amended, and the amendments are as follows: Amend caption of bill on the 15th line by striking out the comma after the word "electric," and by striking out the word "or" after the word "street." Amend section 1 in 17th line by striking out the comma after the word "electric/' and hy striking out the word "or" after the word "street;" also by striking out the comma after th{\ word "electric," in the 48th line of said section, and by

'VEDNESDAY, NovEMBER 19, 1902.

185-

striking out the word "or" after the word "street," in said 48th line of said section.
The following House bill was read first time :
By :Mr. CrumbleyA bill to create a new charter for the town of Lumpkin~
Stewart county, and to establish a dispensary in said town.
Referred to the Committee on Corporations. The following Senate bill was read second time:
By :Mr. Taylor-
A bill to amend paragraph 1, section 1, article 1 of the Constitution, which relates to widows' pension.
:Mr. Middlebrooks, chairman of the Committee .on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under consideration the following House bill, which they instruct me to report with the recommendation that the same do pass:
A bill to amend au Act approved Au6ust 28, 1889, entitled "an Act to incorporate thfl town of McRae, in the county o:f Telfair, and to grant c~rtaiu powers and privilege,; to said town," and for other purposes.
Respectfully submitted. L. L. MIDDLEBROOKs, Chairman.
The following House bills were read third time to be pnt upon their passage:


186

JOURNAL OF THE SENATE.

By Mr. McHenry-

A bill to amend the several Acts incorporating the city of .Rome, so as to extend the limits of Myrtle Hill C!lmetery.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By l\fr. CookA bill to amend an Act incorporating the town of Mc-
Uea, in the county of Telfair.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 33, nays 0.

The bill having received the requisite constitutional ma-

jority was passed.



The following Senate bill was read first time:
l~y lh. MathewsA bill to amend section 2Hl7 of the Code, relative to rail-
road crossings, by piescribing and regulating terms thereof.
Referred to the Committee on Railroads.
The following House hill was read second time and re-committed to the Special Judiciary Committee.



THURSDAY", NovEMBER 20, 1902.

187

By Mr. Hogers-

l'1. bill to change the time for holding the fall term o the superior court o :Mcintosh county.

At 12 o'clock the Senate went into executive session.

On motion, the Senate adjourned until to-morrow morning at 11 o'clock.

SENATJ<: CHAMBER, ATLANTA, GEORGIA,
Thursday, November 20, 1902.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer was offered by Senator Allen.

Up<>n the call of the roll the following mem'bers answered to their names:

Allen, Atkinson, Christie, Clark, 'Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Dunca11, of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Jordan, Lee, Ledford, Mathews, McClure,
McLean~
McMichael, Merritt, Middlebrooks, Moore, Park, Perry,

Reid, RoberttJ, Skelton, Snead, Stevens, 8weat, Symons, Taylor, Tisinger, Turner, Van Buren, Worsham, Mr. President.

188

JOURNAL OF THE SENATE.

Those absBnt w0re Messrs.-

Lewis.

Rountree,

The .Journal of yesterday was read and approved.
The following message was received from the Governor through Mr. Erwin, his Secretary:

Mr. President: I am directed by the GoYernor to deliver to the Senate a
sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The following message was received from the House through :Mr. Boifenillet, the Clerk thereof:

Mr. President:
The Honse has passed by the requisite constitutional majority the following House bill, to wit:

A bill to revise the election laws of Georgia, and for other purposes.
Mr. Duncan, chairman of the Committee on-Engrossing, submitted the following report:

Jlir. President:
The Committee on Engrossing have examined the following bills, and have found the same correctly engrossed and ready for transmission to the House:

A hill to amend section 2180 of the Code of 1895, which provides for the incorporation, control and management of suburban and street railway companies, and for other purposes.

THuRSDAY, NovEMBER 20, 1902.

189

A bill to amend section 982 of the Code of 1895, providing for the selection by the Governor of banks in certain cities as State depositories, so as to add the city of Swainsboro, in Emanuel county, to such list.

A bill to amend the Act incorporating the town of Midville, Burke county, so as to change the corporate limits of said town, and for other purposes.
.A bill to increase the number of terms of the superior court of Richmond county, and for other purposes.
A hill to amend section 4315 of the Code of 1895, so as to remove the restriction of holding only two terms of the superior court in the several counties of the State, and for other purposes.
A hill to amend f'.ection 311 of the Penal Code, which provides punishment for persons who attempt to rescue tho;;e in le~al custody on criminal process.
Respectfully submitted. A. B. DuNCAN, Chairman.
Mr. Tisinger, chairman of the Special Judiciary Committee, Rnbmits the following report:
Mr. P1rs1:derd: The Special .Judiciary Committee has had under con-
sideration the following bills of the House, which I am instructed to report back to the Senate with the recommendation that the same do pass, to wit:
A bin to repeal an Act entitled "an Act to provide for the payment of insolvent cost due the clerk of the superior court and the Sheriff of the county of Fayette," approved February 20, 1873.

190

JOURNAL OF THE SENATE.

The committee also recommends the following bills of th.e House do pass as amended :

A bill to be entitled an Act to establish the city court of .McRae, .in the city of McRae, in and for the county of Telfair, and for other purposes.
A bill to change the time of holding the fall term of superior court of Mcintosh county, in the Atlantic Circuit, etc .
.The eommittee also recommends that the following bil: of the Senate be IW:ommitted to the Finance Committee:
A Lill to amend section 812 of the Code of 1895.
The committee also recommends the following bill of the Senate do not pass, to wit: .
.A hill to prohibit the acceptance and use of passes, franks, franchises, etc., by judges of the Supreme, superior, city and countv courts, solicitors-general of said courts and the attorney-general of the State, and for other purposes.
Respectfully submitted. B. L. TISINGER, Chairman.
:Mr. Perry, chairman of the General Judiciary Committee, submits the following report:
Mr. President: The General Judiciary CommittBe has had under con-
sideration the following bi1l of the Senate, which it instructs me to report back with the recommendation that it do not pass:
A bill to regulate the sale of mortgaged property under power of sale.

THuRSDAY, NovEMBER 20, 1902.

191

Also, that the following bill of the Senate be reported back with the recommendation that it be referred to the Committee on Constitutional Amendments.

A bill to amend paragraph 2, section 2 of article 7 of the Constitntion, so as to exempt investments in cotton industries from taxation.
Respectfully !'lubmitted. H. H. PERRY, Chairman.
~fr. Dnncan, chairman of the Committee on Temperance, submitted the following report:

.Afr. President:
The Committee on Temperance hav~ had under consideration the following House bill, which they instruct me to report with the recommendation that the same do pass:
A bill to establish, maintain and regulate a dispensary in the town of Colquitt, :Miller county, Georgia, and for other purposes.

Also, the following Senate bill which they recommend do pass by substitute as amended:

A bill to make it a misdemeanor to be intoxicated upon any street or pnhlic road in this State, and or other purposeB.
Respectfully submitted. DuNCAN (36th), Chairman.
Senate bill No. 31 was recommitted to the Finance Committee.

Senate bill X o. 18 was recommitted to the Cmnmittee on Constitutional Amendments.

192

JouRNAL OF THE SENATE.

The following House bill was read first time: By Mr. Kelly-
A bill to revise the election laws of Georgia. Referred to the General Judiciary Committee.

The following House bill was read second time and re-committed to the Temperance Committee.

l~y _MC!';Srs. Alexander and Grenade--
A hill to repeal the Act establishing a dispensary in \Vashington, Wilkes county.

:Mr. Snead, vice-chairman of the Committee on Penitentiar?; submitted the following report:

Jfr. PreRident:
The Committee on Penitentiary have bad under con sideration the following Senate bill, which they instruct me to report with the recommendation that the same do -pass:

A bill to authorize and require the prison commission tc hire the labor of felony convicts, after the expiration of the present contracts, for a period of five years.

They have also had under consideration the following Senate hills, which they recommend do not pass:

A bill to provide for hiring of felony convicts by the prison commission at the expiration of the present contract<;; to apportion the net proceeds from said hire, and for other purposes.

THURSDAY, NovEMBER 20, 1902.

193

A bill empowering the present commission to hire the labor of certain felony convicts for five years after the expiration of present contracts; to dispose of the money aris ing therefrom, and to authorize the Governor and the prison commission to impose fines upon certain county authorities for a failure to comply with the law and regulations governing misdemeanor chain-gangs, and for othei" purposes.

A bill to provide for hiring one-hal of the felony con\-icts by the prison commission after the expiration of the present contracts, and to provide for working the other half on the public works of the counties of this State, and for othe1 purposes.
Respectfully submitted. Cr.AIBORNB SNEAD, Vice-Chairman.

The following House bill was read second time:

By ~fr. wise-

A bill to repeal the Act providing for the payment of certain costs to the sheriff and clerk of Fayette county.

The following Senate bills were read third time to be put" upon their passage:

By ~fr. Skelton--
A bill to change the time for the election for Governor f.lnrl other officers in this State.

Report of the committee was agreed to.
n pon the passage of the bill the ayes were 28, nays 0.
13 sj

~94

JoURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

lly l\fr. Skelton-
A bill to change the time for meeting of the General Assen1bly of Georgia from fourth Wednesday in October to second \Vednesday in January.

Report of the committee was agreed to.

Upon t.he passage of the bill the ayes were 26, nays 0.
The bill haYing received the requi"site constitutional majority was passed by substitute.

Ry \lr. Hopkins-A hill to authorize administrators, executors, trustees, re-
ceivers and guardians to charge for executing bond.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.
The hill having- rccei,ed the requisite constitutional majority was passed.

By Mr. ComasA bill to provide for the transportation of the dead in
this State.
Repm-t of the committee was agreed to.
17pon the passage. of the bill the ayes were 24, nays 0.

THURSDAY, NOVEMBER 20, 1902.

195

The hill having received the requisite constitutional majority was passed.

Senate bil] No. 62 was tabled.

The following House bill was read third time to be put 11pon il'l passage:

By }fr. Rogers-
A biU to change the time for holding the fall term of McIntosh superior court.

lleport of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The hi1l having received the requisite constitutional majority was passed as amended, and the amendments are as follows:

By adding at the end of section 2 the following: "And all petitions, bills, bonds, writs, summons, mesne and final process, and other processes of whatever kind now returnabJe to and pending in said superior court as now provided fm, shall hold good and relate to the term of said court as change fixed and provided by this Act."

This bill was ordered immediately transmitted to the

House.



The following Senate bil1s were read first time:

l~y Mr. Howell-
A bill to amend an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution, relative to insurance companies.
Referred to the Committee on Corporations.

196

JOURNAL OF THE SEXATE.

By Mr. Perry-

A bill to provide for a judgment or verdict at the :first term in all cases in the courts of this State.

Referred to the General Judiciary Committee.

The following Senate bill was read second time and recommitted to the Special Judiciary Committee.

J~y ~1 r. Comas-

A bill to amend section 1541 of the Code, relative to number of names to be signed to petition for elections for or ;l,::!;rtinst the sale of liquor.
S<"JJate bill No. 3 was recommitted to the General Judici,try Committee.

Tht following House bills were read third time to be pn t Ppm: their passage:

~\ bill to amend the charter of the city of Dawson, so as to rednce the salary of mayor.
Report of the committee was agreed to.
'Lpon the passage of the bill the ayes were 26, nays 0.
The biillJaving received the requisite constitutional majority was passed.
J~y 1fr. DunbarA hill to authorize the village of Summerville, in Rich-
mond county, to maintain cemeteries within or without the limits of said town.

THURSDAY, NovEMBER 20, 1902.

197

Report of the committee was agreed to.

F pon the passage of the bill the ayes were 26, nays 0.

The hill having received the requisite constitutional majority was passed.

11y :Jfr. Dunbar-

A bjll to authorize the village of Summerville to issue Londs not to exceed $25,000.00 for the purpose of improving water-works.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Messrs. Slaton, Houston and Blackburn-
A hill to amend the charter of the city of Atlanta; to pro,ide for the issuance of bonds.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.
The hill having received the requisite constitutional majority was passed.

By :Mr. JfcCurry-
A bill to amend section 982 of the Code by adding the town of Hartwell to the list of State depositories.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

198"

JOURNAL OF THE SENATE.

The hill having received the requisite constitutional majority was passed.
By :Mr. Rainey-
A hill to amend the Act incorporating the town of Sasser, in Terrell county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. Bush--
A bill to establish and maintain a dispensary in Colquitt, Miller county.
Report of the committee was agreed to.
TJpon the passage of the bill the ayes were 25, nays 0. The bill ha \'ing received the requisite constitutional majority was passed.

By 1lr. Rainey-
A bill to amend the charter of Bronwood, in Terrell county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27; nays, 0.
The bill having received the requisite constitutional majority, was passed.

THURSDAY, NoVEMBER 20, 1902.

199

By :Mr. Cook-

A bill to e>~tablish the city court of l.IcRae in the county of Telfair.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 2!); nays, 0.

The bill having received the requisite constitutional majority was passed as amended and the amendments are as follows:

By striking out section 11 and inserting in lieu thereof the following:

Section 11. Be it further enacted by the authority .aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of criminal and civil business, to be held on the third Mon days in each month. Said court shall have jurisdiction at the monthly terms thereof to dispose of all civil business when the amount of the principal sued for does not exceed the sum of $100 and said terms shall be the trial terms as to said civil business. The quarterly terms of sairl court shall be held for the trial and disposition of either or both criminal and civil business, to be held on the third Mondays in January, April, July and October. The first term of said court under this .Act shall be held on the third Monday in December, 1902. The terms of such court shall be held at the court house in the city of McRae, in the county of Telfair, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court shall, in his discretion, hold his court at the same place at any other time than the regular term

200

JOURNAl, OF THE SENATE.

or the transaction o criminal business which does not require a jury as speedily as possible consistent with the interest o the State and the accused, and may also hold adjourned terms o the regular monthly or quarterly terms o said city court, or which he may draw. new juries or require the attendance o the same as in his sound legal discretion he may deem best. Said city court judge may also, in his discretion, set cases or trial at convenient times, and the same may then be tried as o the term whether the court has been held rom day to day until said time or not. And that the clerk and sheriff each be entitled to two dollars cost in each case at. the monthly term or their services.

House bill X o. 42 was recommitted to the General Judicciary Committee.

On motion, when the Senate adjourns tomorrow it will stand adjourned until Monday morning at 12 o'clock.
The following Senate bill was read second time:

By Mr. Clements-

A bill to authorize and require the Prison Commission to hire the labor o the felony convicts o said State after the present contracts expire.
The following House bill was read second time and recommitted to the Corporation Committee.

By Mr. Crumbly-
A bill to create a new charter or the town o Lumpkin, and or other purposes.
The following committtee was granted leave o absence until Monday to visit convict camps:

FRIDAY, NovE:\IBER 21, 1902.

201

Hudson, \Tan Buren, Clements, l\fdfichael, Sweat, M.iddlebrooks, Atkinson, Snead, Allen, McClure, Duncan, lOth; Park, I-ee, :McLean, :Moore, Golden, Dodd.

Committee on Blind Asylum was granted leave of absence for next Monday.

Senator Reed was granted leaYe of absence on account of sickness.

At 12 o'clock the Senate went into Executive session.

On motion, the Senate adjourned until to-morrow morning at 11 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 21, 1902.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer was offered by Rev. Dr. Glenn.
On motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
The following message was rece.ived from the House through )[r. Roifeuillet, the Clerk thereof:
."tf1'. Pr~sident: The House has concurred in the Senate amendment to
the following bill of the House, to wit:

202

JOURNAL OF THE SENATE.

.A bill to change the time of holding the fall term of McIntosh Superior Court, and for other purposes.

Mr. Ledford, chairman pro tern. of the Committee on Engrossing, submitted the following report:

Jlr. President:
The Committ~e on Engrossing has examined the following bills, which they have found correctly engrossed and ready for transmission tD the House:

A bill to change the time of meeting of the General Assembly from the fourth Wednesday in October to the fourth wednesday in June, and for other purposes.

A bill tD change the time of holding the elections for Governor, etc., from the first wednesday in October to Tuesday after the first :Monday in November, and for other purposes.

A bill to authorize the executors, administrators, et al., who are required to give bond to charge as costs the premium for such bond, and for other purposes.

A bill to prescribe rules for the. transportation of the dead in this State, and for other purposes.
Respect.inlly submitted. :M. L. LEDFORD, Chairman pro tern.

:Mr. Tisinger, Chairman of the Special Judiciary Committe, submits the following report:

Mr. PresidMd:
The Special Judiciary Committee has had under consideration the following bill of the Senate, which I am in-

FRIDAY, NovEMBER 21, 1902.

203-

structed to report back to the Senate with the recommendation that the same do pass, to wit:

A bill tD amend section 1541 of volume 1 of the Code of Georgia, and for other purposes.
Respectfully submitted. B. L. Tisi~OER, Chairman.

lir. Davis, chairman of the Committee on Finance, sub-
.. mitted the following report:
Jir. Presidrmt:
The Committee on Finance has had under consideration the following Senate resolution, which they instruct me to report with the recommendation that the same do pass as amended:

A joint resolution directing that the assessment on all taxable property in this State for the fiscal years 1902 and 1903 shall not exceed three and one-half mills for all purposes.

Also, the following Senate bill, which they recommend do not pass:

A bill to establish county depositories in each county in this State, to prescribe their duties and liabilities, and fol" other purposes.
Respectfully submitted. . W. H. DaVIS, Chairman.

The following House bill was read second time and recommitted to the General Judiciary Committee:

By Mr. SteedA bill to protect Confederate and other soldiers men-

204

JouRNAL OF THE SEXATE.

tioned in an Act of the General Assembly of the State approved December 9, 1897.

The following Senate hills were read first time:

By 1Ir. Davis-

A bill requiring that the ordinary shall attest and approve official bonds in the several counties of this State.

Referred to the General Judiciary Committee.

The following Senate bills were read second time with adYerse report from committee:

The committee report was agreed to and the bills were lost.

By ~Ir. Christie-
A bill to make it lawful to make insurance companies and other persons who may be indemnifying the defendant party defendant and jointly liable.

By Mr. Snead-
A bill to reauire all chartred banks in this State to be kept open for the transaction of business at least five houri!! per day.

By :Mr. Davis-.
A bill to provide for the examination of private banks by the State Bank Examiner.

By Mr. Me~f ichael-
A bill to provide for hiring of felony convicts by the Prison Commission at the expiration of the present contracts, and for other purposes.

FRIDAY, NOVEMBER 21, 1902.

205

By 1-Ir. Duncan-
A bill to establish county depositories in each county of this State, and to prescribe their duties and liabilities.

The following Senate bill was read second time and recommitted to the Railroad Committee:

By Mr. MathewsA bill to amend section 2167 of the Code relative to rail-
road crossings.
Senate bill No. 46 was recommitted to the General Judiciary Committee.
Senate bills Nos. 54 and 59 were tabled.
The following Senate bills were read first time:
By Mr. ParkA bill to provide for the testing and mode of testing the
illuminating qualities of illuminating oil, and to provide a penalty for violation of same.

Referred to the Agriculture Committee.
By )fr. Perry-
A bill to require defendants in all cases at common law or in equity in the courts of record of this State in which the defendant shall in his answer set up new matters not controverting the plaintiff's petition or plead a set off or recoupment or file an answer by way of cross bill setting up as a ground for relief additional facts, to set forth such ans,\er in paragraphs, and for other purposes.

Referred to the General Judiciary Committee.
On motion, the Senate adjourned until Monday morning at 12 o'clock.

:206

JouRNAl, oF TilE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 24, 1902.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
}>rayer was offered by the Chaplain.
On motion, the roll-call was dispensed with.
Mr. Snead moved to reconsider the action of the Senate -in defeating the following bill of the Senate:
13y Mr. SneadA bill to require all chartered banks in this State to
keep open at least five hours per day for the transaction of business.
This bill was reconsidered and tabled.
The Journal of Friday was read and approved.
The following Senate bills were read first time: By Mr. Comas-
A bill to enlarge the powers of the Railroad Commission of this State.
Referred to the Railroad Committee . By Mr. Comas-
A bill to compel railroads in this State to run at least one :train each way daily except on Sunday.
Referred to the Committee on Railroads.

MoNDAY, NovEMBER 24, 1902.

207

By Mr. Comas-

A bill to amend section 752 of the Code, relative to the transfer of indictments from the Superior Court to county court.

Referred to the General Judiciary Committee.

By Mr. Hopkins-

A bill to amend the charter of the city of Thomasville, in Thomas county.

Referred ~o the Corporation Committee.

Ry Mr. Hopkins-

A bill to incoporate the town of Merrillville, in Thomas county.

Referred to the Corporation Committee.

The following message was received from the Governor through :Mr. Erwin, his Secretary:

Jlr. P1esident:

I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive sessum.

Mr. Dodd, chairman on Immigration and Labor, submits the following repol't:
Mr. President:

The. Committoo on Immigration and Labor has had under consideration the following bill of the Senate, which

208

JOURNAL OF THE SENATE.

it instructs me to report back with recommendation that same do pass :

A bill to be entitled an Act to amend section 2615 o the Civil Code o the State o Georgia o 1895, which limits and regulates the hours o labor required o persons employed in all cotton or woolen manufacturing establishments in this State.
W. P. Donn> Chairman.

1Ir. Duncan, Chairman o Committee on Temperance, submitted the following report:

Mr. President:
The Committee on Temperance has had under consideration the following bill o the House, which it instructs me to report back with recommendation that the same do pass:

A bill to repeal the Act to establish a dispensary in the city o WashingtDTI, Wilkes county, Georgia.
Respectfully submitted. DuNCAN (36th), Chairman.

The following message was received from the House through ~lr. Boifeni1let, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bills o the House, to wit:

A bill to amend section 5113 o the Civil Code, and for

other purposes.



Also, a bill to regulate manner in which claimants shall set out grounds constituting basis o claim, and or other purposes.

Mo5DAY, NovE~IBER 24, 1902.

209

Aho, a bill to amend the charter of the city of Rome, referring to mayor and council.
Also, a bill to amend the charter of the city of Cedartown, in Polk C'ounty, and for other purposes.

Also, a hill to amend section 670 of the Penal Code, relating to cheating or defrauding a firm or corporation.
Also, a bill to amend an Act entitled "an Act to regulate and control the taking and catching of oysters and fish from the public waters of this State," etc.

Also, a bill to change and fix the time of holding the superior court of Greene county, in the Ocmulgee Circuit, and for otl~er purposes.

Also, a bill to amend the charter of the city of Tennille_ and for other purposes.

Also, a hill to repeal an "\ct proYiding for the issuing of bonds by the tm,n of X orcross, in Gwinnett county, for the purchasing of school property, and for other purposes.

Al;;o, a bill to authorize the clerks of the city courts of this State to appoint deputy clerks, and for other purposes.

Also, a bill providing for the situs of debts due to non-



residents for purposes of attachment, and for other pur-

poses.

Also, a bill to prescribe the manner of selling, or otherwise disposing of cocain, and for other purposes.
Also, a bill to amen~ section 573 of the Penal Code of 18::>5, relating to terrapins.
14 i

210

JouRNAr~ oF THE SE!'i"ATE.

Also, a bill to amend an Act providing for employment of inspectors of roaJs and briJges in certain counties.

Also, a bill to cede to the lJnited States jurisdiction over certain public road approaches to Chickamauga X ational Park, and for other purposes.

Also, a hill to amend section 27 5- of the Colle of 1895, providing for foreelosure of mortgage" before due, and for other purposes.

Also, a bill to ameml an Act to create a board of commissioners of l"oads and revenues for the county of Glynn, and for other purposes.

Also, a bill to amend the charter of the Buena Vista Loan and Savings Bank, and for other purposes.

Also, a bill to extend the corporate limits of the city of Albany, Georgia, aml for other purposes.

Also, a bill to ameml an Act to amend the charter of the town of }faysville, in Jackson and Banks counties~ and forother purposes.

_Also, a bill to amcml an Act creating the charter of thecity of }lilleJgeville, and for other purposes.

Also, a bill to abolish the city court of waynesboro, and for other purposes.
Also, a bill to amend an Act creating a new charter for the town of Temple, and for other purposes.
Also, a bill to amend the charteP of the city of Valdosta~. and for other purposes.

MoNDAY, NovEMBER 24, 1902.

211.

Also, a bill repealing the charter of the town of Statesboro, in Bulloch county, and for other purposes.
Also, a bill to incorporate the village of Obe, in Colquitt county, into the tmvn of X onnan Park, and for other purposes.
Also, a bill to create a board of commissioners of roads and re,enues for DeKalb county, and for other purposes.

Also, a bill to amend an Act establishing the city court of \Yaycross, in the county of \Yare.

Also, a bill to amend section !) of an Act establishing the city court of Waycross, relating to clerk of said court.

Also, a bill to repeal an Act creatin~ a board of commissioners of roads and revenues for the county of \Valton, and for other purposes.

Also, a bill to prohibit manufacture of intoxicating liquors, except domestic ~vines, in the county of Douglas, and for other purposes.

Also, a bill to repeal au Act to incorporate the city of Tifton, Georgia, and for other purposes.

Also, a bill to repeal an Act incorporating the town of Statham, in ;rackson county, and for other purposes.

Also, a bill to provide for removal of obstructions, except dams used for operating mills or machinery, from creeks and other running streams in Monroe county, and for other purposes.

Also, a bill to regulate traffic in seed cotton in Elbert, 'Vilkes and Lincoln counties, and for other purposes.

212

JOURSAL OF THE SESATE.

Also, a bill to amPJHl the charter of the city of Hamilton, and for otlwr p11rposes.

~\lso, a hill to rP]Wnl an .\ct incorporating the town of Ocilla, and for otlwr pnrposes.
Also, a hill to rPJWal an ~\ct e,;tnhlishing the city conrt of J effersmt, in .J nekson connty, alHl for other pnrposes.

Also, a bill to amPlHl an .\ct creating disprnsnrie;; in Pulaski eonnty, and for other purposes.

The Honse lws pn.;;se!l by the H'qni,;ite ec,nstitntionalmajority the following re;.;olntion of the House, in which the concurrenc-e of thP SPnnte is asked, to wit:

A resolution t(\ appropriate $li'i,OOO to repair Capitol hnil<ling.

The IIon;o;e has pnsspfl by the rPqnisite constitutional rna jorit,Y tlw following Senate hill, to wit:

.\ hill to amf'lHl tlw charter of thP town of Flintstone, \Yalker c0unt,,, alHl for other pnrposes.

The following Ilonsp hills Wf'l'f' rPa!l first tinw:

By 1fr. Slaton--

A l>ill to anwn(l ;;;prtion :>11!3 of tlw CorlP, so as to allow exPcntions to hP amPn<lP!l by clerk of conrt from which samP \YPrP issnP<l.

Rl'i'Nrrd to thf' GP1wrnl .Tnrliciar~- Committ~". By 1fr. FPl!lPr--
A hill to rcgnlatP the manner m which claimants m

:MoNDAY, NoYEl\fBER 2-l, 1902.

213

claim cases shall set out grounds which constitute hasis of such claim; and for other purposes
' Heferred to the General Judiciary Committee.
By ::\lr. 1lciienry-
A hill to alllen<l the charter of the city of Rome, prescribing the powers and duties of mayor and councilmen.
Referred to the Committee on Corporations.

By }lr. SlatonA bill to amend section 670 of the Code of Georgia,
which provides punishment for cheating and defrauding.
Referred to the Generul Judiciary Committee.
By :Mr. AyresA hill to alter and amend the charter of the city of
Cedartown, in Polk county.
Referred to the Committee on Corporations.

B,v :?\Ir. DavidsonA hill to cl1ange and fix the time for holding the superior
conrt in Greene county.
Referred to the Special .Tud~ciary Committee.
By }fr. FranklinA hill to amend the charter of the city of Tennille by
enlarging the incorporate Jimits.
Referred to the Committee on Corporations.

214

JouRNAL OF THE SE~ATE.

I3y :Mr. Pate-

A bill to repeal the Act to proYide for the issuing of bonds by the town of X orcross, in ()winnett county.

Heferred to the Committee on Education.

By 1Iessrs. Butts of Glynn and Proctor of Camden-

A bill to amend an Act entitled "an Act to regulate the taking and catching of oysters and fish from the public waters of this State."

Referred to the General Judieiary Committee.

By :Mr. Hardin-

A bill to authorize the clerks of the city courts o.f this State to appoint deputies and to define their powers and duties.

Referred to the General Judiciary Committee.

By :llfr. Slaton-
A hill proYiding for the situs of debts due to non-residents for purpose of attachment.

Referred to the General Judiciary Committee.

By )[r. FelderA bill to preseribe the manner of selling or otherwise
dispensing cocain in this State.
Referred to the Committee on Hygiene and Sanitation.

:1_3y :Mr. ButtsA bill to amend section 573 of the Code, by making it



MONDAY, NOVEMBER 24, 1902.

215

unlawful for any person to be found in possession of any terrapin of a less size than 5 1-2 inches, etc.

Referred to the General Judiciary Committee.

By :l\lr. Flynt--
A bill to amend the Act to provide for the employment of inspectors o:f ro~ds and bridges for all counties with a poplllation of 7n,OOO, or more.

Referred to the Special Judiciary Committee.

By :Mr. Stanford-
A bill to amend the charter of the city of Hamilton, in Han-is cmmty.

Referred to the Committee on Corporations.

By )Ir. Panlk-
A hill to repeal an Act incorporating the town of Ocilla .antl the sc-.eral Acts amendatory thereof.

Referred to the Committee on Corporatiuu".

By :l\Ir. ~pence-
A bill to amend the Act establishing the city court oi
\Yaycross, so far as the same applys to the clerk of said conrt.
Referred to the Special Judiciary Committee.

By ~fr. Holderi\ hill to repeal the Acts incorporating the town of Stat-
ltam, in Jaekson county.
Referred to the Committee on Corporations.



216

JOURNAL OF THE SENATE.

By 1fes;:;rs. Duckett of Banks and Hardeman and Holder of J ack"on-

A bill to amend the charter of 1Iaysville, in Jackson and Banks counties.

Referred to the Committee on Corporations.

By 11r. Shannon-
A bill to provide for remoYal of obstructions, except dams used for operating mills, be remoYed from the running streams of Jfonroe county.
Referred to the Special Judiciary Committee.
By ~fessrs. Ifa-..w~s and 1Iartin of Elbert, Boykin of Lincoln, and Alexander and Grenade of 'Vilkes-
A bill to regulate th: traffic in see1l cotton in the counties of Elbert, \Vilb3s and Lincoln, and proYide for penalty for violation of same.
Referred to the General .Judiciary Committee.

J)y }Iessrs. Hardeman and Holder-
A hill to repeal an Act establishing the city court of J efferson, in .Tackson county.
Referred to the Speci~J.l Judiciary Committee.

By ~[r. Nisbet-
A hill to aholish the city court of Waynesboro, in Burkecounty.
Referred to the Special .Judiciary Committee.

MONDAY, NOYE:\IBER 24, 1902.

217

Dy ~Ir. Grice--

A bill to amenll the ~\ct creating a dispensary in Pulaski C'Ounty.

Roferre<l to tho Committee on Temperance.

Hy :Mr. Kent-

A bill to amC'tHl seetion 27 3-! of the Code, which provides for the foreclo:o:ure of mortgages.

Referred to the General .Tndiciary Committee.

By Mr. Yates-
A bill to code to the ruitecl States jurisdiction over certain lands in Catoosa county.

Referred to the General Jncliciary Committee.

By 11Lr. Edwards-
A bill to amend the eharter of the Buena Vista J.oan and Savings Dank.

Referred to the Committee on Banks.

By _Mr. Butts-
A bi11 tD amend the Act creating the board of commissioners of road,.; End revenues for Glynn county.

Referred to the Special Judiciary Committee.

Hy :Ur. N mrion-
L\ bill to incorporate the village of Obe, m Colquitt county.

Referred to the Committee bn CorporatiOJi;,:

218

JoURNAL .OF THE l::lEXATE.

By :Mr. \Yhitley-
A bill to prohibit the manufacture of intoxicatiug Jiqnors in Douglas county.
Heferred to tho Committee on Temperance.
.By ~lr. SpencP.A l,ill to amend ti~t:: ..:\ct establishing the city COl;:~ d
waycross, in \Yar0 connty.

Referred to tho Special Judiciary Committee.
By ).Jps;;rs. Candler and 1Iayson-
..'\ bill to create a board of roads and re,enues for De Kalb f'onuty.

Hf'ferre1l to the Special Judiciary Committee.

B.' Mr. WestA hill to amend th0 charter of the city of Yaldosta. Referred to the Committee on Corporations.

By 1Ir. Ho'YardA bin to amend the Act creating the charter of the city
of 1IilledgeYillc.
Heferred to tJ-.o Special Judiciary Committee. By 1Iessrs. Deal and ).filler-
A hill to repeal the charter of the town of Statesboro, in Bulloch county.
Referred" to the Special Ji.ldiciary Committee.

Mo~DAY, NovEMBER 24~ 1902.

~19

By Messrs. Steed and Hixon-

A bill to amend the Act creating a new charter for tho town of Temple, in Carroll county.

Heferred to the Committee on Corporations.

By Messrs. Booth and Lawrence-
A hill to repel an Act creating a board of commissioners of road" and rcYennes for \Yalton county.
R,ferred to the Special Judiciary Committee.

B~- ~[r. Jones-
A hill io extend the corporate limits of the city of Albany.
Referred to the Committee on Corporations.

By :Mr. KnightA bill to repeal an Act incorporating the city of Tifton.

Referred to the Special Judiciary Committee.

The following Honse resolution was r~ad first time:

By 1fr. Steed-
A resolntion to appropriate the sum of $15,000.00 for the pnrpose of making the necessary repairs on the Capitol lmilding.
Referred to the Committee on Appropriations.
"The follmYing Senate bills were read first time:

220

JouRNAL oF THE SEXATE.

By ~[r. :Merritt-

A bill to reorganize the military laws o this State, ancl to atlopt and make o force a military cmle for the fttate.

Referred to the Committee on 1Iilitary Affairs.

By 1[r. Harrell-
A bill to amend section D82 o the Code o Georgia, by adding the city of Pelham to the list o State depositories.
Heerrcd to the Committee on Banks.

The following resolution was read first time:

By 1fr. Comas-
A resolution to proYide or the burning o all cancelled State bonds and coupons o the State Treasurer, and or other purposes.
Ordered engrossed.
By unanimous consent Senator Crumbley was added to the Finance Committee, and Senator 1Ic~[ichael was added to the Committee on School or Deaf and Dumb.
On motion, the Senate arjourned until to-morrow morning at 11 o'clock.

TuE~DAY, NovEliiBER 25, 1902.

221

SENATE CII.DIBER, ATLANTA, GEORGIA,
Tuesday, K ovember 25, 1902.
The Senate met pursuant to acljournment at 11 o'clock; was called to order by the President.
Prayer was offered by Senator Atkinson.
On motion, the roll-call was dispensed with.
The ,Tournal of yesterday was read and approwcl
:::\Ir. )Iathews, chairman of the Committee on Raihoads, submitted the following report:
Jfr. President:
The Committee on Railroads ha,e had under consideration the follo,ring Senate bill, which they instruct me to report with the recommendation that the same do pass:
A bill to enlarge the pmvers of the railroad commission of Georgia.
Respectfully submitted. II. A. )L\.TIIEws, Chairman.
)fr. Christie, chairman of Committee on Ranh, submits q the following report:
Jl r. President: The Committee on Banks has had under con;;i<leration
the following bill of the Senate, which it requests me to r~ port back with recommendation that same do pas;;:
A bill to be entitled an Act to amend section flR2 or Yolurn.: 1 of the Code of Georgia of 1895, by adding the city

222

Jour~NAr. OF TilE SENATE.

of Pelham, in :Jlitchell county, Georgia, to the list of suclt cities.
Respectfully submitted. S. H. CmusTIE, Chairman.

The follo,Ying message was received from the House through }Ir. Boi:fE:uillet, the Clerk thereof:

Mr. President:
The House has pas5ed by the re':nisite constitutional majority the following bil1s of the Honse, to wit:
A bill to authorize the mayor and aldermen of the town of Dallas, Ga., to purchase school buildings, and for other purposes.
Also, a bill to amend an Act establishing the police court of Savannnh, Ga., and for other purposes.
Also, a bill to establish the city court of Hamilton, m Harris county, Georgia.
Also, a bill to amend an Act to incorporate the town of Pinehurst, and for other purposes.
Also, a Lill to incorporate the town of Edison, m Calhoun county, and for other purposes:

Also, a hill to establish the citycourt of 'Vayneshoro, ih . Burke county, and for other purposes.
Also, a hill to provide a new charter for the town (' Edgewood, in DeKalh county.
~fr. }fiddlehrooks, chairman of the Committee on Corporations, submitted the following report:

TuESDAY, NoVE:\IBER 25, 1902.

~23-

Jlr. President:
The Committee oil Corporations, has had under consideration the following Senate bills which they instruct me to report with the recommendation that they do pass:
A bill to incorporate the town of ~Ie1;rillville, in Thomas county; define the corporate limits, etc., and for other purposes.
A bill to amend the charter of the city of Thomasville as embodied in Act of October 3, lSSfl, so as to provide fo1 the election of certain officers, and for other purposes.
Respectfully submitted. L. L. )!mnr.EBROOKs, Chairman.

The following Senate bills and resolutions were read secoud time:

.By l\Jr. Comas-

A re:>oln tion providing for the burning of all cancelle(I Stute bonds and coupons of the State Treasurer.

By }Ir. Hopkins-

A bill to incorporate the town of ::\Ierrillville, in Thom:1s: county.

By ilfr. Park-

A bill to amend section 2G15 o.f the Code, which regulates the hours of labor employed in cotton factories.

By :Mr. Hopkins-

A bill to amend the charter of the city of Thomasville,. in Thomas county.

2:H

JOUR.:\AL 0}, THE SEXATE.

By ::\Ir. Comas-

A bill to enlarge the power,; of the railroad commission in Georgia.
By ::\fr. Harrell-
A bill to amend section US~ of the Code by adding the city of Pelham to the list of State tlepositories.

The following Honse bill;; were read first time:

J3y ::\[r. ::\fcElmnrray-

A bill to establish the city court of \Vaynesboro, in Bnrb::e county.
Heferred to the Special Judiciary Committee.

By ::\fr. Beall-

A bill to authorize the mayor an<l aldermen of the town of Dallas to pnrchase and equip school buildings.
HeferreJ to the Committee on E<lucation.

Dy ::\Ir. Stanford-

A bill to e,;tablish the city conrt of Hamilton, in Harris county.
Rcfe1-r~d to the Special Judiciary Committee.
By ::\Ir. Candler-
A bill to provide for a new charter for the town of Edgewood, in DcKalb county.
Heferre<l to the Special Judiciary Committee.

TuESDAY, NovEMBER 25, 1902.

225

By :Mr. Stewart-
A bill to incorporate the town of Edison, m Calhoun county.
Referred to the Committee on Corporations.
By ~Ir. FieldsA bill to amend the Act incorporating the town of Pine-
hurst, in Dooly county.
Heferred to the Committee on Corporations.
By Mr. CannA bill to amend the Act establishing the police court in
the city of SaYannah.
Referred to the Committee on Corporations.
The following Senate resolution was read first time:

By 1lr. PerryA resolution requesting our representatives in Congres~
to use their influence to procure the reimbursement to the State of Georgia certain money paid to soldiers in the war of 1836.
Ordered Engrossed.
The following Senate bills were read :first time:

By :M:r. Lee-
A bill for the protection of the officers and employees of the Georgia penitentiary at the various camps of this State.

Referred to the Committee on Penitentiary.

~~

.

226

JouRNAl, oF TH~<: SENATE.

By }h. LeeA bill to authorize the GoYernor to require the Attorney
Gcneralof the State to perform without conpensation, all duties now encnmbent on the attorney for the \Yestern & Atlantic Railroad.
Referred to the Committee on \Y. & A. R. R.
B~ l\lr. Perry-
A bill to authorize street and suburban railroad companies incorporated nuder the la"s of this State under certain circumstances, to condemn a right to the common use and occupancy of the tracks of other street car companies.
Heferred to the Committee on Railroads.

By }fr. Park-
A bill to amend section 94-2 of the Penal Code, relative to the call of the criminal dockets.
Referred to the General Judiciary Committee.
The follmYing Senate bill was r01Hl second time and recommitted to the Committee on }[ilitary ~\.ffairs. By }[r. }Ierritt-
..:\ bill to reorganize the military laws of this State, and to make of force a military code.
The following Honse bill was read third time and put upon it-; passage:
By l\Ir. WiseA bill to repeal the ~\ct prori<ling for tl1e payment of iiJ.-

WED~ESDAY, NovEMBER 26, 1902.

227

solvent costs due clerk o superior court and sheriff o Fay~1ltt county.
Report of the committee was agreed to.

Upon the passage o the bill the ayes were 24, nays 0.

The bill having receiYed the requisite constitutional majority, wns paRsed.

At 11 :50 o'clock the Senate went into executive session.

On motion, the Senate adjourned until to-morrow morn;ing at 11 o'clock.

SENATE CHA::\1BER, ATLANTA, GEORGIA,
'Yednescla~, November 26, 1902. Tbe Senate met pnrsnant to adjournment at 11 o'clock; "as called to order bY the President. Prayer was offered Ly the Chaplain. L'"pon motion, the roll-call was disp<'nsed with. The Journal o yesterday was read and approved. The :following Senate bill was read first time:
By ~\lr. J.edford-A bill to more effectively provide or proper attestation

228

Jm;R:XAL OF THE SENATE.

of instruments in writing upon which summary proceed-ings may be had in justice courts.

Referred to the General Judiciary Committee.

The following Senate resolution was read first time:

By ~Ir. Howell-

A resolution authorizing the erection of a monument on: the Capitol grounds to Lieutenant Drumby.

Referred to the Committee on Public Property.

. The following Senate bills were read second time:

By :Mr. Perry-

A bill to authorize street and suburban railroad compan-ies incorporated under the laws of this State to condemn certain lands.

This hill was referred to the Committee on Railroads.

By :llr. Mci.ean-

A bill to provide for license fo:r: carrying pistols, and te provide when the same shall go into effect.

This bill was referred to the General Judiciary Committee.

The following House bill was read second time and rereferred to the Special Judiciary Committee:

By Ur. Candler-
A bill to provide a new charter for the town of Edge-wood, in DeKalb county.

WEDNESDAY, NovEMBER 26, 1902.

229

Senate bill No. 67 was recommitted to the Committee on Immigration and Labor.

The following message was received from the Hous" through )lr. Boifeuillet, the Clerk thereof:

.Mr. President: The House has passed by the requisite constitutional ma-
jority the following bills of the House, to wit:
A bill to authorize the mayor and council of Palmetto, in Campbell county, to issue bonds for school purposes.

Also, a bill to amend section 982 of the Code of 1895, so :as to add ~Iontezuma, Ga., to the list of State depositorie~~.
Also, a bill to establish a system of public schools in the -~ity of Ocilla, Ga., and for other purposes.
Also, a bill to amend an Act creating a board of poliC6 commissioners for the city of Augusta, Ga., and for other :purposes.

Also, a bill to amend the charter of the city of Colnmbus, in the county of lVIuscogee, and for other purposes.
Also, a bill to amend an Act incorporating the town of Fayetteville, so as to make same the city of Fayetteville, cand for other purposes.
Also, a bill to create a board of commissioners of roads :and reYenues for the county of Rockdale.
Alw, a bill to incorporate the town of Pineview, in the -county of 'Vilcox, and for -other purposes. .

230

JouRNAL oF THE SENATE.

Also, a bill to incorporate the town of Statham, in Jackson county, and for other purposes.

..:\.lso, a bill to create a new charter for the town of Richland, in Stewart county.
Also, a bill requiring persons seeking a writ of certiorari to correct judgment of recorder's court, and other police courts; to give bond, and for other purposes.
:''\lso, a bill providing for removal of obstructions from creeks and other running streams in Hall county.
Also, a biil to amend section 187 of volume 3 of the Codeof 18!)5, so as to more fully define stealing, and for otherpurposes.
Also, a bill to amend section 6-2 of volume 3 of Code of 18fl5, so as to require the putative father to giYe bond for the expenses of lying in with child, and for other purposes.
l\Ir. Perry, chairman of the General Judiciary Committee~ submits the following report:

.itlr. President:
The General Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass as amended :
A bill to require defendant in all cases at common law or in equity in the cmirts of record of this State, in which the defendant shall, in his answer, set up new matters not controYerting the plaintiff's petition, or plead a set-off or recoupment, orfile an answer by way of cross bill, setting

WED.NESDAY, NovEMBER 26, 1902.

231

up as a ground for relief additional facts, to set forth such answer in paragraph::;, and to require the plaintiff to meet such answer by appropriate pleading, and for other purposes.

Also, that the following bill do pass by substitute:

A bill prescribing usury on money advanced on cotton or other products.

Also, that the following bills do not pass:

A bill to amend section 4313, volume 2 of the Cocie, in regard to disqualification of judges of superior and city courts of this State.

Also, a bill to prohibit acceptance and use of passes, franks, franchises, etc., by the attorney-general, judges and solicitors of this State.

Also, a bill to amend section 94,2 of the Penal Code of 1895, relating to the call of criminal dockets, and for other pnrposes.
Also, that the following bill of the House do pass:

A bill to abolish the county court of Butts county, and for other purposes.
llespeetfully s11bmitted. H. H. PERRY, Chairman..

The following House bills were read first time:

By :.\Ir. DunbarA bill to amend the Act creating the board of police com-
missioners for the city of Augusta.
Referred to the Special .Judiciary Committee.

232

JOURNAL OF THE SENATE.

By ~[r. Crumbley-

A bill to create a new charter for the town of Richland, in Stewart county.

Referred to the Committee on Corporations.

By ]\fr. Dunbar-

A bill to require any person seeking a writ of certiorari to correct the judgment of a recorder's court, or other police court of any town or city.

Referred to the General ,Judiciary Committee.

By ~fr. Almond-
A bill to create a hoard of commissioners of roads and revemws for the county of Rockdale.

Referred to the Special Judiciary Committee.

By .Mr. Reid-
A bill to authorize the mayor and council of Palmetto to issue honds.

Referred to the Special Judiciary Committee.

B~.- :Mr. Bowen-

A bill to incorporate Pineview, in Wilcox county.

Referred to the Committee on Corporations. By :M:r. :Miller-
A bill to amend the charter of the city of Columbus. Referred to the Committee on Corporations.

WED~ESDAY, NOVEMBER 26, 1902.

233

By Mr. Hardeman-

A bill to incorporate the town of Statham, in Jackson
~ounty.

Referred to the Committee on Corporations. By :Mr. Underwood-

A bill to amend section 642 of volume 3 of the Code.

Referred to the General Judiciary Committee. By }[r. Underwood-

A bill to amend section 187 of volume 3 of the Code, so

-as to more fully define stealing in this State.

.

Referred to the General ,Tudiciar;y Committee.

Tiy :!'Jr. Paulk-
A bill to e>'tablish and maintain a public school syste~ iu the city of Ocilla.

Referred to the Committee on Education.
By ~lr. ThompsonA bill to provide for the removal of obstructions of all
kinds from the running streams of Hall county.

Referred to the Agricultural Committee.

By J.Ir. Wise-
A bill to amend the Act incorporating the town of Fay-etteville, so as to make the city of Fayetteville.

Referred to the Committee on Corporations.

234

JouRNAL oF THE SENATE.

H)' )fr. Hayes-

~\ Lill tu amend sPction 982 of the Code by adding th:.) city of l.Iontezuma to the list of State depositories.

Referred to the Committee on Banks.

By unanimous consent Senate bill Xo. 85 was withdrawn by its author.

)lr. )fc)Iichacl was granted leaYe of absence on acconn.t of sickness:

l.Ir. Davis was addetl to the :Military Committee.

_\Ir. Park was added to the Finance Committee.

On motion, the Senate will stand adjourned until Friday morning at Ll o'clock, when it adjourns to-day.

)lr. Duncan moved that when the Senate adjourns on Friday it will stand adjourned until )Ionday morning at 12 o'clock. On this motion the ayes and nays were called and the vote was as follows:

Those voting in the affirmative were l.Iessrs.-

Allen, Atkinson, Duncan of lOth, Hudson, Lee,

Ledford, ::\Iathews, ::\IcClure, ::\Ioote,

Park. i5uead,
~'\r?3t,
Taylor,

Those Yoting in the negative were )Iessrs.-

Christie, Dodd, Davis,

Harrell, Hopkins, ::\Iiddlebrooks,

Perry, 8kelton, SteYens,

WED~ESDAY, NovEMBER 26, 1902.

235-

Those not voting "ere )lessrs.-

Clark, Clements, . Comas, Crumbley, Duncan of 36th, Golden, Hightower,

Jordan, Lewis, )!cLean, )Je)Iiehael, )Ierritt, Reid, Roberts,

President votes aye.

Rountree,
s~mons,
Tisinger, Turner, Yau Buren, \Yorsham,

On the adoption of the motion the ayes were 13, nuys 9..

The motion was carried.

The following Senate bills were read second time:
By }lr. Perry-
A bill to require defendant i.n all eases at common law, or in cqnity, in the courts of record of this State in "hich the defendant shall, in his answer, set up new matters not contron~rting the plaintiff's petition, or plead a set-off or recoupment or file an answer by way of cross bill setting up a'3 a ground for relief additional facts, and for other purposes.

By Mr. SneadA bill to declare as usury a charge of more than 8 per
cent. interest on money loaned on cotton or other produce.
The following Senate bills were read third time to be put upon their passage:
By 1fr. Hopkins- A bill to auwnd the charter of the city of Thomasville, in
Tl1vmas e0unty. Report of the committee \Yas agreed t~.

'236

JoURNAL OF THE SEXATE.

Vpon the pussage 0 the hill the ayes were 24, nays 0.
The bill having received the requisite constitut~onal majority, was passed.

Ey l\fr. Harrell-

A bill to amend s0ction 982 of the Code by adding the City of Pelham to the list of State depositories.

Heport of the committee was agreed to.

TTpon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majNity, was passed.

By :Mr. Hopkins-

A hill to incorporate the town of ~ferrillville, m the cotmt;v of Thomas.

Report of the committee was agreed to.

F pon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majorit.}: was passed.

The following joint resolution was read third time and put upon its passage:

l~y l\Ir. Harrell-

A resolution directing that. the assessment on all taxable property of this State for each of the fiscal years 1902 and 1U03 ;;hull not exceed 3 1-2 mills for all purposes.
Heport of the <'ommittPP wns agreed to.

WEDNESDAY, NOVEMBEI' 26, 1902.

237

Upon the passage of the resolution the ayes were 25,. nays 0.

The resolution having received the requisite constitutional majority was passed as amended, and the amendments are as follows: Amend by inserting "five mills"' wherever "three mills" occur in the resolution.

The following resolution was read second time:

J3y }fr. Perry-

A resolution instructing the Governor to request our representatives in Congress to use their influence to procure tho reimbursement to the State of Georgia certain money paid out in the war of 1836.

The following Honse bills were read third time to be put upon their passage:

By 2\[essrs. Alexander and Grenade-

A hill to repeal the Act establishing a dispensary in Washington, Wilkes county.

Report of the committee was agreed to.

lJpon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Beauchamp-

A bill to repeal the Act establishing the county court of Butts county.

Report of the committee was agreed to.

:238

JOURNAL OF THE SENATE.

Fpon the pas;;age of the hill the ayes were 25, nays 0.

The bill ha\'ing received the requisite constitutional majority was passed:

Senator Hudson was granted leave of absence from Friday's scs.oion.

Senators Taylor and Hopkins were granted leave of absence from Frida~'s session.
On motion, the Senate adjourned until Friday morning at 12 o'clock.

SENATE CHA~IBER, ATL.\XTA, GEORGI.\,
Friday, ~ovemher 28, HJ02.
The Senate met pursuant to a1ljournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
"Cpon motion, the roll-call wa'l dispensed with.
"T The .Tonrnal of ednesday was read and approved.
The follo"ing message was recei\ed from the Honse througl1 :Jfr. Hoifeuillet, the Clerk thereof:
Mr. President: The House has passed hy the requisite constitutional mil
jority the foll~wing hills of the Honse, to 'vit: A hill to extend the corpqrate limits of the city of Car-
rollton, in Carroll county, and for other purposes.

FRIDAY, NovEMBER 28, 1902.

239

Also, a bill to amend an Act entitled "an Act to create a county court in each county of the State," except certain counties therein mentioned, so far as relates to Greene connty.

Al-;o, a bill to require all prison-made good to be labeled "prison-made," and for other purposes.

Also, a bill to amend section fl82, volume 1, Code oi '95, so as to add the city of Barnesville, in Pike eonnty, to list of State depositories.

.Also, a bill to incorporate the town of Finleyson, m Pulaski county.

Also, a bill to incorporate the \Vaynesboro Academy, m the city of 'Yaynesboro, aml for other purposes.

..:\Jso, a bill to amend an Act entitled "an Act to amend and renew the various Acts incorporating the town of \Vayn.esboro," and \vhich make same a city, and for othm purposes.

Also, a bill to amend an Act creating a board of county commissioners for the county of Berrien, and for other purposes.
~\lso, a bill to amend the charter of Colnmbus, so as to provide for a system of water-works, and for other pur poses.

Also, a bill to amend the several Acts incorporating the cit~- of Sanders,ille, in \Vashington county, an<l for other purposes.

Aho, a bill to repeal an Act incorporating and amending the charter of the town of .Tonesboro, in Clayton emmty.

2-10

,JouR:-;AL OF THE SENATE.

Also, a bill to establish the city court of Jefferson, m Jackson county.
Mr. Duncan, chairman of the Committee on Engrossing,. submitted the following report:

Mr. President: The Committee on Engrossing has examined the follow-
ing Senate bills, which it finds are correctly engrossed and ready for transmission to the House:
A bill to incorporate the town of Merrillville, in the county of Thomas.
A bill to amend the charter of Thomasville as embodied in the Act of October 3, 1889:
A bill to amend section 982 of the Code, so as to add the city of Pelham to the list of cities with State depositories.
Also the following Senate resolution:

A resolution directing that the assessment on all taxable property for the years 1902 and 1903 shall not exceed five mills for a~l purposes.
Hespectfully ilnbmitted. A. B. DuNCAN, Chairman.
ilfr. Lee, chairman of the Committee on Penitentiary,. suhmitted the following report:

Mr. President:
The Penitentiary Committee has had under consideration the following bill of the Senate, which it instructs. me to report back to the Senate with the recosmendatioiL that the same do pass as amended:

FRIDAY, NovEMBER 28, 190~.

241

lt bill for the protection of officers and employees of the penitentiary at the different camps in this State.
Respectfully submitted. GoRDON LEE, Chairman.

1Ir. 1.iddlebrooks, chairman o the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations has had under consideration the following House bills, which they instruct me to report with the recommendation that they do pass:
A bill to amend the charter of Rome, prescribing the duties, powers and terms o office of mayor and councilmen.

~-'\.. bill to incorporate the town o Edison, Calhoun . county, and for other purposes.
A bill to amend the charter of the city of Tennille.

A bill to incorporate the village o Obe, in Colquitt county, into the town of R orman Park; provide a charter therefor, and for other purposes.

A hill to alter and amend the charter of the city of Cedartown, in Polk county.

A bill to amend the charter of the city of Hamilton, in Harris county.

A bill to amend the Act approved November 23, 1901, creating a new charter or the town of Temple, Georgia.
A bill to repeal the Acts incorporating the town of Statham, in Jackson county.
16 sj

242

JoururAL OF THE SENATE.

A bill to extend the corporate limits of the city of Albany, Georgia.

A bill to repeal the Act approved November 24, 1897, incorporating the town of Ocilla.

A bill to amend the charter of the city of Valdosta.

A bill to amend the Act approved September 30, 1885, amending the charter of the town of :Maysville,in Jackson and Banks counties.

A bill to amend section 1 of "an Act to amend the law establishing the police court of the city of Savannah.

Also, that the following bill do pass as amended:

A bill to amend an Act to incorporate the town of Pinehurst approved December 16, 1895.
Respectfully submitted. L L. ~ImDLEBROOKs, Chairman.

:Mr. I.e~ford, chairman pro tern. of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following House bill, which they instrucl mP to report with the recommendation that the same do pass:

A bill to provide a new charter for the town of Edgewood, in the county of DeKalb.
Respeetfully submitted. :M. L. LEDFORD, Chairman pro tern.
Mr. :Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

FRIDAY, NovE~fBER 28, 1902.

2-J3

Mr. President:
The Committee on Corporations has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass:
A bill to .incorporate the town of Statha~, in Jackson
county.

A bill to amend the Act incorporating the town of Fayetteville, so as to make it the city of :Fayetteville, and for other purposes.

A bill to amend the charter of the city of Columbus, l.[uscogee county, Georgia.

A bill to incorporate the town of Pineview, in Wilcox county.

Also, the following House bills, which it instructs me to report back without recommendation:

A bill to create a new charter for the town of Lumpkin, Stewart county.

A bill to crea~ a new charter for the town of Richland, in Stewart county.
Respectfully submitted. L. L. ~fiDDLEBROOKs, Chairman.

::\[r. :Merritt, chairman of the Committee on :Military Affairs, submitted the following report:

Mr. President:
The Committee on :Military Affairs has had under consideration the following Senate bill, which it instructs IDE'

2-14

JOURNAL OF THE SENATE.

to report with the recommendation that the same do pass as amended:

A bill to reorganize the military forces of this State, to. adopt a military code, and for other purposes.
l~espectfully submitted. R. L. :MERRITT, Chairman.

:M:r. Christie, chairman on the part of the Senate of the joint committee to examine the books of the ComptrollerGeneral and Treasurer, submits the following report:

Mr. President:
Your committee has carefully examined the books and vouchers of the Comptroller-General's office/ including all the business done by that department. since the examination by a like committee from the last Legislature, and find them correct. \Ye commend the able head of this department and his assistants as eminently worthy of the trust the people Qf Georgia have reposed in them. Your committee has al;:;o ma(le a carefnl examination of the condition of the State Tremmrer's office, and find that no money is paid out by the Treasurer except upon proper vouchers and that he has on hand all the money with which he stanch charged on the books of the Comptroller-General. \Ye think the State's fnnds are in safe and capable hands. \Ye rec-ommend that the cancelled bonds and coupons now in the treasnry vault be destroyed.
Respectfully submitted. S. R. CHRISTIE, Chairman. PHILIP H. CO)fAS, J onN T. DrNcAx.
The following House bills were read first time and referred:

FRIDAY, NovEMBER 28, 1902.

245

By :Mr. Grice-

A bill to incorporate the town of Finleyson, in Pulaski county.

Referred to the Committee on Corporations.

By Mr. Owen-
A bill to amend section 982 of volume - of the Code of 1895, so as tD add the eity of Barnesville, in Pike county, to the list of State depositories.
Referred to the Committee on Banks.
By :Messrs. ~IeHenry, Knowles and Ennis-
A bill to require all prisonmade goods to be labelled "prison-made."
Referred to the General Judiciary Committee.

By Mr. Knight-
A bill to amend the Act creating a board of county commissioners for the county of Berrien.
Referred to Special Judiciary Committee.

By :Messrs. Evans and Franklin-
A bill to amend, oonsolidate and supersede the several Acts incorporting the city of Sandersville, in Washington county, and to create a new charter and a municipal govermnent for said city.
Referred to Committee on Corporations.

216

JouRNAL OF rHE SENATE.

By l.ieRsrs. Nisbet and :McElmurray-

A bill to incorporate the Waynesboro Academy, in the city of Waynesboro.

Referred to Committee on Corporations.

By Messrs. McElmurray and NisbetA bill to amend and renew the vari.ous Acts inc:wporating
the town of \Vaynesboro so as to Ii1ake the same a city.
Referred to Committee on Corporations.

By :Mr. 1\Iitcham-
A bill to repeal the Act incorporting and amending the charter of the town of .Tonesboro, Georgia, in the county of Clayton.
Referred to Committee on Corporations.

By :Messrs. Steed and Hixon-
A bill to extend the corporate limits of the city of Carrollton, of the county of Carroll.
Referred to Committee on Corporations.

By Mr. Davison-
A bill to amend the Act entitled "an Act to create a county court in each county of the State of Georgia, except certain counties therein mentioned," so far as relates to the county of Greene.
Referred to the Special .Judiciary Committee.

FRIDAY, NoVEMBER 28, 1902.

247

By Mr. Miller-

A bill to amend the charter of Columbus, in Muscogee county, so as to provide for a system of waterworks.

Referred to Committee on Corporations.

By :Messrs. Hardeman and Holder-

A bill to establish the city court of J e:fferson, which shall be locaied in the city of Jefferson, Jackson county, Georgia, to define its jurisdiction, powers, etc., and for other purposes.

Referred to the General Judiciary Committee.

The following House bills were read second time:

By :Mr. :McHenry-

A bill to amend the charter of the city of Rome, prescribing the duties, powers and terms of office of mayor and councilmen.

By Mr. Stewart-

A bill to incorporate the town of Edison, in the county of Calhoun, and for other purposes.

By :Mr. Newton-
A bill to incorporate the village of Obe, in the county of Colquitt into the town of Norman Park and provide a charter therefor, and for other purposes.

By Mr. Franklin-
A bill to amend the charter of the city of Tennille aJ!.d to enlarge the corporate limits.

248

JoURNAL OF THE SENATE.

By Mr. Ayres-

A bill to alter and amend the charter of the city of Cedartown.

By Mr. Stanford-

A bill to amend the charter of the city of Hamilton, in Harris county, relating to the compensation of the marshal.

By Messrs. Steed and Hixon-

A bill to amend the ~ct approved November 23, 1901, creating a new charter for the town of 'Temple, Georgia, by amending section 3 and repealing section 13 of said Act.

By :Mr. Holder-
A bill to repeal the Acts approved December 20, 1892, and December 16, 1895, incorporating the town of Statham, in Jackson county.

By :Mr. Jones-
A bill to extend the corporate limits of the city of Albany, Georgia, by incorporating contiguous territory.

By l\fr. Paulk-
A bill to repeal an Act approved November 24, 1897, incorporating the town o:f Ocilla, and the several Acts a:_mendatory thereof.

By Mr. West--

A bill to amend the charter of the city of Valdosta ap-

proved November 21, 1901, so as to provide for double tax-

ing property not returned for taxation within the time ap-

proved by law.



FRIDAY, NovEMBER 28, 1902.

2-19

J3y Mr. Cann-
A bill to amend section 1 of the Act to amend the law -establishing the police court of the city of Savannah.

By Messrs. Ducke);t, Hardeman and Holder-
A bill to amend the Act approved September 30, 1885, entitled an Act to amend the charter of the town of Maysville, in Jackson and Banks counties, so as to provide for :school bonds.

By Mr. Fields-
A bill to amend the Act incorporating the town of Pinehurst, approved December 16, 1895, so as to establish a system of public schools for said town.

By Messrs. Hardeman and Holder-
A bill to incorporate the town of Statham, in Jackson eounty.

.By Mr. Wise-
A bill to amend' the Act approved December 24, 1888, incorporating the town of Fayetteville so as to make it the eity of Fayetteville.

By }fr. Miller-
A bill to amend the charter of the city of Columbus so as to confer authority upon the city of Columbus to exercise jurisdiction over all the territory within three miles of the city limits.

By Mr. Bowen-
A bill to incorporate the town of Pineview, in the county of Wilcox.

250

JOURNAL OF THE SENATE.

By Mr. Crumbley-
A bill to create a new charter or the town o Richland, in Stewart county.

On motion o Senator Christie, House bills Nos. 330 and 239 recommitted to Committee on Corporations.

The following Senate bill was read the second time :

By Mr. Lee-

A bill to protect the officers and employees of the Georgia penitentiary at the various camps throughout the State.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Irwin, to wit:

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to ,;hich he respectfully invites the consideration of your honorable body in executive session.
The following Senate bills were read for the first time and referred :

By Mr. Perry-
A hill to repeal an Act approved December 17, 1898, entitled "an Act to amend the Act establishing the city court o Hall county, approved A.ugust 14, 1891," so that the solicitor-general of the Northeastern Circuit shall not be ex officio solicitor of said city court.
Referred to the General Judiciary Committee.

FRIDAY, NOVEMBER 28, J902.

2!il

By }.fr. Comas-

A bill to prohibit the selling or giving to any felony conYict in this State, any spirituous or intoxicating liquors, and to prescribe a penalty for the same.

Referred to the Committee on Penitentiary.

By :Mr.. Van Buren-
A bill to repeal the Act to reduce the compensation of the treasurer of the county of ~Wilkinson; to fix compensation of the commissioners of roads and revenues of said county, and to pro,Tide compensation for their clerk, and for other purposes.

Referred to the Committee on CrJrporations.

Upon motion of Mr. Comas of the 3d district, at 12 :30 p.m. the Senate went into executive session.

Leave of absence until Wednesday morning was granted ~h. Christie of the 11th district, and Mr. Stevens of the 30th district.

Upon motion, the Senate adjourned to meet Monday next, at 12 o'clock.

:252

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, December 1, 1902.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll-call was dispensed with.
The Journal of Friday was read and approved.
The following message was received from the House th1ough :M"r. Boifeuillet, the Clerk thereof:
Jllr. President: The House has passed by the requisite constitutional ma-
jority the following bills of the House, to wit:
A bill to establish one or more dispensaries for the sale of intoxicating liquors in Taylor county, and for other purposes.
Also, a bill to amend section 982, volume 1, Code of 1895, so as to add the city of Louisville, in the county of Jefferson, to the list of State depositories.
Also, a bill to amend section 982, of the Code of 1895, so as to add the town of Thomson, in McDuffie county, to the list of State depositories.
Also, a bill to amend the severad Acts incorporating the town of Louisville, Jefferson county, Georgia, so as to provide for water-works, etc.

MoNDAY, DECEMBER 1, 1902.

253

Also, a bill to incorporate the town of Soperton, in :hiontgomery county, and for other purposes.
Also, a bill to amend the charter of the town of Boston, so as to enlarge the taxing powers of mayor and council.

Also, a bill to provide for practice in the city court of Atlanta, in reference to defaults, and for other purposes.

Also, a bill to establish a dispensary in the city of Ocilla, Irwin county, Georgia, and for other purposes.

Also, a bill to amend an Act to establish a city court in the county of Bartow, and for other purposei:'l.

Also, a bill to change the time of holding the superior court of Glascock county, and for other purposes.

~\.lso, a bill to amend an Act approved X ovember 7.~ 1889, so as to make the town of Buchanan the city of Buchanan.
Also, a bill to amend an Act to establish the city court of Yaldosta, in the county of Lowndes.
Also, a bill to change the time of holding the SnperiOl' Court of Telfair county in the Oconee circuit, and for other purposes.

Also, a bill to repeal an Act providing for the application of all public school funds to the Douglasville College that is distributed to school children within corporate limits of said town.
Also, a bill to incorporate the town of Bethlehem, m "\Yalton county.

254

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Vega school district, m Pike county.
The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:

A bill to n:ake it unlawful and punishable as a misde meanor for any person to hunt upon the lands of another in Columbia county without written consent of owner.

Also, a bill to amend an Act to create a board of roads and revenues in the county of Hancock,. and for other purposes.

Aso, a bill to amend section 982, Code of 1895, so as to add the city of Baxley in Appling and Douglasville in Douglas counties to list of State depositories.

Also, a bill to repeal an Act to create a county court in each county of this State in so far as same applies to the county of :Marion.

Also, a bill to amend section 982, volume 1, Code of Georgia, so as to add the town of LaFayette to list of State depositories.
The House adopted the following resolution of the House in which the concurrence of the Senate is asked, to wit:

A resolution providing for a joint committee from "the House and Senate to visit University of Georgia on the occassion of the annual commencement, J nne, 1903. .
The House has passed by the requisite constitutional majority the following House bills, to wit:

MoNDAY, DECEMBER 1, 1902.

255

A bill to incorporate the city of Statesboro, in Bulloch county.
Also, a bill to incorporate the city of Ocilla, in Irwin county.
Also, a bill to incorporate the city of Tifton, in Berrien county.
Also, a bill to establish the city court of Fayeteville, in the county of Fayette.
Mr. Middlebrooks, chairman of the Com~ittee on Corporations, submitted the following report:
Mr. President: The Committee on Corporations has had under con-
sideration the following House bills which they instruct me to report with the recommendation that they do pass:
A bill to extend the corporate limits of the city of Car roll ton.
A bill to amend, consolidat(l and supersede the several Acts incorporating the city of SandersYille.
A bill to incorporate the town of Finleyson, in Pulaski county.
A bill to amend the charter of Columbus, so as to provide a system of water-works.
A bill to repeal the charter of the town o Jonesboro, Clayton county, Georgia.
A bill to amend the charter of the city of Waynesboro, Georgia

256

JouR~AL OF THE SENATE.

A bill to incorporate the Waynesboro Academy, in the city of 'Vaynesboro, Georgia.
Respectfully submitted. }fmnLEBROOKs, Chairman.

Mr. Comas, vice-chairman of the Committee on Banks~ submitted the following report:

}r[r. President:
The Committee on Banks have had under consideration the following House bill which they instruct me to report with tJw recommendation that the same do pass:
A bill to add the city of Barnesville, Pike county, Georgia, to the list of State depositories.
Respectfully submitted. P. II. Cm.rAs, Vice-Chairman.
Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House the following Act, to wit:
An Act to amend the charter of the town of Flintstone, walker county, Georgia, so as to provide for a system of public schools in and for said town, and for other purposes.
Respectfully submitted. \V. F. Snwxs, Chairman.
:Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

MoNDAY, DEcEMBER 1, 1902.

257

Jfr. President:
The Special Judiciary Committee has had under cont:ideration the following House bills, which it instructs me to report with the recommendation that they do pass:

A bill to amend an Act to create a board of police commissioners for the city of Augusta.

A bill to amend the charter of the city of :Milledgeville.

A bill to amend an Act to create a connty court in each county of the State, except certain counties therein men tioned, so far as relates to the county of Greene.

A bill to establish the city court of Hamilton, Harris county.

A bill to change the time of holding the superior court of Greene county.

A bill to provide for removal of obstructions, except dams used for operating mills or machinery, from creek~ .and other running streams in Monroe county.
A bill to repeal an Act to establish the ~ity court of J efferson, in Jackson county, and to abolish the city court of. Jefferson.

A bill to abolish the city court of Waynesboro.

A bill to amend the Act to create a board of commissioners of roads and revenues for Glynn county.

A bill to repeal the charter of the town of Statesboro.

A bill to authorize the mayor and council of Palmett0, in Campbell county, to issue bonds for school purposes.
17 sj

:258

. JOURNAL OF THE SENATE.

Also, the following House bill, which it instructs me to I'eport with the recommendation that the same do pass as
:amended~

A bill to create a board of commissioners of roads and revenues for the county of DeKalb ; to prescribe for the , election of members, and for other purposes.
Respectfully submitted. B. L. TisiNGER, Chairman.

-The following message was received from the Governor through his Secretary, Mr. Erwin:

Mr. President:
I am dil'ected by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the "Consideration of your honorable body in executive session.
Mr. Comas, chairman of the Committee on Hygiene and 'Sanitation, submits the following report:

-Mr. President:
The Committee on Hygiene and Sanitation. have had under consideration the following bill of the House, which it requests me to report back with recommendation that same do pass :
A bill to be entitled an Act to prescribe the manner of -selling, or otherwise dispensing of cocain; to provide a penalty for the violation of the provisions of this Act, and for other purposes.
Respectfully submitted. P. H. CoMAS, Chairman.
"The following House bills were read first time:

MoNDAY, DECEMBER 1, 1902.

259

By Mr. Cook-
A bill to change and fix the time for holding the superior court in Telfair county.

Referred to the Special Judiciary Committee.

By Mr. Wooten-
A bill to incorporate the town of Soperton, in Montgomery county.

Referred to Committee on Corporations.

By Mr. Conner-
A bill to amend the Act establishing the city court of Bartow.

Ordered engrossed.

By Mr. Slaton-
A bill to provide for practice in city court of Atlanta in reference to defaults.

Referred to the General Judiciary Committee.

By Mr. Paulk-
A bill to establish a dispensary in the city of Ocilla, in Irwin county.

Referred to the Temperance Committee.

By Mr. Booth-
A bill to incorporate the town of Bethlehem, in Walton county.

Referred to the Committee on Corporations.

260

JOURNAL OF THE SENATE.

By :Mr. Owen-

A bill to incorporate Vega school district m Pike county.

Referred to the Committee on Education.

By :Mr. RountreeA bill to amend the charter of the town of Boston, in
Thomas county.
Referred to the Committee on Corporations.

By Mr. Phillips-
A bill to amend, colsolidate and supersede the several Act;; incorporating the town of Louisville, in Jefferson county.
Referred to the Committee on Corporations.

By Mr. Whitley--.
A bill to repeal an Act providing for the application of all public school funds to the Douglasville College that ifl distributed to school children within the corporate limits of said town.
Referred to the Committee on Education.

By :M:r. Steed-
A bill to establish one or more dispensaries in Taylor county.
Referred to the Committee on Temperance.

MoNDAY, DECEMBER I, 1902.

261

By Mr. Kelly-
A bill to change the time for holding Glascock superior court.

Referred to the Special Judiciary Committee.

By }fr. Phillips-

A bill to amend section 982 of the Code, so as to add the city of Louisville to the list of State depositories.

Referred to the Committee on Banks.

By Mr. West-
A bill to amend the Act establishing the city court of Valdosta, in Lowndes county.

Referred to the Special Judiciary Committee.

By ~fr. Hutcheson-

A bill to amend an Act approved November 7, 1889, so as to make the town of Buchanan the city of Buchanan.

Referred to the Committee on Corporations.

By Mr. Watson-

A bill to amend section 982 of the Code, by adding the town of Thomson to the list of State depositories.

Referred to the Committee on Banks.

By Mr. Wise-

A bill to establish a city court in Fayetteville, Fayette county.

262

JOURNAL OF THE SENATE.

Referred to the Special Judiciary Committee.

By :Mr. Knight-

A bill to incorporate the city of Tifton, in Berrien county.

Referred to the Committee on Corporations.

By Messrs. Deal and :Miller-

A bill to incorporate the city of Statesboro, in Bullock county.

Referred to the ComiVittee on Corporations.

By Mr. PaulkA bill to incorporate the city of Ocilla, in Irwin county.

Heferred to the Committee on Corporations.

The following House resolution was read first time and concurred in :

By }.:[r. Calvin-
A resolution for the appointment of a joint committee to visit the State University during commencement.

Committee on part of Senate are Senators }.fc}fichael, Atkinson, Lee, Park, Stevens, :Middlebrooks, :Moore, Ledford, Tisinger, Skelton.

The following House bill was read second time :

By "!Ir. Felder-
A bill to provide the manner o selling cocain in thi? State.

MoNDAY, DEcEMBER 1, 1902.

2.63:

The following Senate bill was read first time:
By Mr. Tisinger-
A bill to incorporate the town of Atwater, ii1 UJ:>son county.

Referred to Committee on Corporations.

The following House bills were read second time :

By 1\{r. Stanford-
A bill to establish the city court of Hamilton, in Harris-: county.
By :Messrs. Evans and FranklinA bill to amend, consolidate and supersede the severai
Acts incorporating the city of Sandersville.
By }.;Ir. ShannonA bill to provide for the removal of obstructions of all
kinds, except dams for running mills, from the streams of Monroe county.
By Mr. OwenA bill to amend section 982 of the Code, so as to add
the city of Barnesville to the list of State depositories.
By Mr. GriceA bill to incorporate the town o ltinleyson, in Pulaski
county.

264

JOURNAL OF THE SENATE,

By Messrs. Steed and HLxon-

A bill to extend the corporate limits of the city of Carrollton, in Carroll county.

By :Messrs. Nisbet and McElmurray-

A bill to incorporate the Waynesboro Academy, in the

city of Waynesboro.



By ..Messrs. Candler and Mayson-

A bill to create a board of commissioners of roads and revenues for the county of DeKalb.

By :Mr. :Mitcham-

A bill to repeal the Act approved August 24, 1872, and amendments incorporating, and amending the charter oi Jonesboro, in Clayton county.

By Messrs. McElmurray and Nisbet-

A bill to amend an Act approved December 15, 1893; to amend and renew the various Acts incorporating the. town of Waynesboro, and make the same a city.

By :Mr. Butts-
A bill to amend the Act creating the board of commissioners of road'! and revenues for Glynn county.

By lfr. ~isbetA bill to abolish the city court of Waynesboro.

By Messrs. Hardeman and Holder-
A bill to repeal the Act establishing the city court of J e:fferson, in Jackson county.

MONDAY, DECEMBER 1, 1902.

265

By :Mr. :Miller-
A bill to amend the charter of the city of Columbuf!, so as to establish system of water-works.
By :Mr. Davison-
A bill to amend the Act creating the county court of Greene county.
By :Messrs. Deal and Miller-
A bill to repeal the Act creating the charter of the town of Statesboro, in Bullock county.
By :air. Davidson-
A bill to change and fix the time of holding the superior courts in Greene county.
By l\fr. Dunbar-
A bill to amend the Act creating the board of police commissioners for the city of Augusta.
By l\Ir. ReidA bill to authorize the mayor and council of Palmetto,
in Campbell county, to issue bonds.
By :Nir. HowardA bill to amend the Act creating the charter for the city
of :Milledgeville, in Baldwin county.
The following Senate bill was read second time:
By l\Ir. ParkA bill to amend an Act approved December 16, lS~i,

266

JOURNAL OF THE ,SENATE.

authorizing county, city and town boards of education of the several counties of this State to make changes in the school books for public schools.
The following House bill was read second time and recommitted to the Special Judiciary Committee.

By :Mr. McElmurray-
A bill to establish the city court of Waynesboro, m Burke county.
The following House bills were read third time and put upon their passage :

By Mr. CandlerA bill to provide a new charter for the town of Edge-
wood, in DeKalb county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. ~Iiller-
A bill to amend the charter of the city of Columbus, in Muscogee county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, DECEMHNR 1: 1902.

267

The following Senate bill was read first time:

By Mr. Hopkins-

A bill to provide for the dissolution of corporations by the superior courts in certain instances on petition of stockholders.

Referred to the General Judiciary Committee.
:Nir. :Middlebrooks, chairman of the Committee on Cor porations, submitted the following report:
Mr. President: The Committee on corporations has had under consider.-
ation the following Senate bill which it instructs me to report with the recommendation that the same "do pass:

A bill to repeal the Act to reduce the compensation o the treasurer of Wilkinson county, etc., approved :E'ebruary 23, 1876.
Respectfully submitted. :MIDDLEBROOKs, Chairman.

The following House bills were read second time and rer;ommitted to the General Judiciary Committee:

By ~Iessrs. Hardeman and Holder-
A bill to establish the city court of Jefferson, in th~ city of ;Jefferson.

By Mr. Slaton-
A bill to amend section 5113 of the Civil Code, so as to. allow executions to be amended by clerk of court from which same were issued.

268

JOURNAL OF THE SENATE.

The following Senate bill was read third time and put upon its passage:

By 1'fr. Merritt-
A hill to reorganize the military forces of this State, and make of force a military code.

Heport of the committee was agreed to.

lTpon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are aR follows: Amend section 4, line 5, by adding after the word "deputies" the words "and jailors."
Section 4, line 13, by adding after the word "gospel," the words "licensed physicians and druggists in active practice. Striking out section 6. Section 10, line 11, by striking out the words "the brevet brigadier-general staff."
Section 17, line 11, by adding after the words "hospital steward" the words "who must be a licensed druggist." Section 42, line 8, hy striking out the words "all State institutions !"hall fly this flag." Section 43, by adding after the word "thereto" the words "and exemptions allowed by special Acts of the General Assembly."
Section 54, line 8, by substituting for the words "al" such," the word "therefor." Section 56, line 2, by adding after the words "city court" the words "county court." Section 56, line 6, by inserting the word "intemidation" before the word "~orce."
Section 57, line 4, by substituting for the words "the judge" the words "any judge aforesaid."
Section 64, lines 17 and 18, hy substituting for the words "as such" the word "therefore."

TuESDAY, DECEMBER 2, 1902.

26~

Section 78, line 15, by substituting for the words "as such" the word "therefore."
Section 32, line 6, by substituting "violating" for "violation." Section 32, line 8, by substituting the word ''theref;J'" f~il the words "as such." Section 82, line t": by :::ni btituting the word "at" for the word "as.''
Amend section 13, lines 8, 9, 35, 36, and section 14, lines 9 and 10, by striking out the word "one pharmacist who shall be a licentiate of the State Board of Pharmacy with the rank of second lieutenant," and adding after the words "hospital steward," in section 13, lines 15 and 38, and section 14, line 13, the words "who shall be a licensed druggist."

At 12 :55 the Senate went into executive session.

Leave of absence was granted Senators Dodd, Turnerr :Middlebrooks, Christie and Hudson.

On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

SF.NATE 0IIA1\IBER, ATLANTA, GEORGIA,
Tuesday :Morning, December 2, 1902.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain. On motion, the roll-call was dispensed with. The Journal of yesterday was read and approved.

:270

JouRNAL OF THE SENATE.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:
Mr. President: The Committee on Enrollment repo'rts as duly enrolled,
signed by the President of the Senate and Speaker of the House of Representatives, and delivered to the Governor, the following Act :

An Act to amend the charter of the town of Flintstone, walker county, Georgia, so as to provide for a system of public schools in and for said town, and for other purposes.
Respectfully submitted. W. F. SYMONS, Chairman.

The following Senate bill was read second time:

By Mr. Van Buren-
A bill to repeal the Act reducing the compensation of :the treasurer of the county of Wilkinson, and for other purposes.
The following Senate bills were read first time:

By Mr. Park-:-
A bill to amend paragraph 1, section 5269 of the Code, and for other purposes.
Referred to the General Judiciary Committee.

By :Mr. WorshamA bill to repeal an Act approved December 23, 1898,

TUESDAY, DECEMBER 2, 1902.

~71

an Act to amend an Act to regulate the payment of fees to attorneys and receivers in certain cases.

Referred to the Special Judiciary Committee.

Mr. Lee, chairman of Committee on Penitentiary, submits the following 1eport:

Mr. Pre.-;ident:
The Committee on Penitentiary has had under consideration the following bill of the Senate, which it requests me to report back with recommendation that same do pas~ as amended :

A bill to be entitled an Act to prohibit the selling or giving to any felony convict in this State, any spi.rituous or intoxicating liquors, and to prescribe a penalty for same~ and for other purposes.
Respectfully submitted. GoRDON LEE, Chairman.
:Mr. Harrell, chairman pro tern. of Committee on Corporations, submits the following report:

Mr. Pre-<~ident:
The Committee on Corporations has had under consideration the following bill of the Senate, which it requests me to report back with recommendation that same do pass by substitute~

A bill to be entitled an Act to amend an Act to carry into effect article 3, section 7, paragraph 18 of the Constitution of the State, as amended, in so far as the same relates to the issuing and granting of corporate powers and

272

JouRNAL oF THE SENATE.

privileges to insurance companies by the Secretary of the State.
Respectfully submitted. J. D. HARRELL, Chairman pro tem.

:Mr. Sweat, chairman of the Committee on Public Property, submitted the following report:

Mr. President:
The Committee on Public Property has had under consideration the following Senate re3olution which it instructs me. to report with the recommendation that the same do pass:
A resolution to authorize the Brumby :Memorial Association to erect a monument upon the Capitol grounds.
Respectfully submitted. F. L. SwEAT, Chairman.
Mr. Jordan, chairman of Committee on Agriculturer submits the following report:

Mr. President:
The Committee on Agriculture has had under consideration the following bill of the Senate which it requests me to report back with recommendation that same do pass:

A bill to be entitled an Act to provide for the testing and the mode of testing the illuminating qualities of illuminating oil; to provide the penalty for violatioi1 of this Act, and for other purposes.

Also, the following House bill :

A bill to be entitled an Act to provide for the remmal of

TUESDAY, DECEMBER 2, 1902.

273

obstructions of all kinds from the creeks and ot~1er running streams in Hall county, and for other purposes.
0. H. JORDAN, Chairman..

The following message was received from the House through Mr. Boifeuillet, the Clerk thereQf :

M1. President:
The House has passed, by the requisite constitutional majority, the following bills of the House, to wit:
A bill to amend an Act to establish a city court in the county of Hall, and for other purposes.

Also, a bill to prohibit the sale of spirituous liquors in the county of Lee.
Also, a bill to establish a dispensary for the sale of in~ toxicating liquors in the city of Wrightsville and town of Kite, Johnson county.
Also, a bill to amend an Act to incorporate the Southern Mutual Insurance Company.
Also, a bill to establis4, the city court of Buchanan, in the city of Buchanan.
Mr. Tisinger, chairman of the Special Judiciary Committee, submits the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following House bills, which the committee instructs me, as its chairman, to report back to the Senate with the recommendation that they do pass, to wit:
)8 Fj

'274

JouRNAL oF THE SENATE.

~I\. bill to be entitled an Act to amend section 9 of an Act approved December 11~ 1897, establishing the city court of \Yaycross, so far as said section applies to the clerk of said court.

A bill to be entitled an Act to amend an Act to establish the city court of Waycross in and for the county of Ware, :approved December 11, 1897, so as to amend section 7, etc.
Respectfully submitted. B. L. TrsrNGER, Chairman.

Mr. President:

The Committee on vVestern & Atlantic Railroad, hav-

ing had under consideration a bill entitled an Act to au-

thorize the Governor of the State of Georgia to require the

Attorney General of the State of Georgia to perform, with-

out compensation, all duties now incumbent on the attorney

for the Western & Atlantic Railroad, and instruct me to

report the same with recommendation that the same do

pass.

PARK, Chairman.

Mr. Davis, chairman of the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance has had under consideration the following Senate resolution, which it instructs me to report with the recommendation that the same do pass:
A joint resolution to have our Senators and representatives in congress to introduce a bill to reimburse the State of Georgia by the United States in certain Indian war claims.
Respectfully submitted. W:r..r. H. DAvis, Chairman.

TUESDAY, DECEMBER 2, 1902.

275

The following House bills were read Fecond time and recommitted to the Special Judiciary Committee:

By l\Ir. Knight-

A bill to repeal an Act to incorporate the city of Tifton, Ga.

By Mr. KnightA bill to amend the Act creating the board of county
commissioners of Berrien county.
The following House bill was read second time :

By Mr. Conner-
A bill to amend the Act establishing the city court in the county of Bartow.
The following House bills were read third time to be put upon their passage:

By Mr. DunbarA bill to amend the Act creating the board of police com-
missioners for the city of Augusta.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

276

JouBNAL OF THE SENATE.

By Mr. Ayres-
A bill to alter and amend the charter of the city of Cedartown, in Polk county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. McHenryA bill to amend the charter of the city of Rome.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Felder-
A bill to provide for the dispensing of cocain in this State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

By }fr. Newton-
A bill to incorporate the town of Obe, m Colquitt county, into the town of Norman Park.

Report, of the committee was agreed to.

TUESDAY, DECEMBER 2, 1902.

277

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed.

By Mr. HowardA bill to amend the Act creating the charter of thecity
of :Milledgeville, in Baldwin colmty.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. :MillerA bill to amend the charter of the city of Columbus, so
as to provide for system of water-works.
Heport of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.
~his bill was ordered immediately transmitted to the House.
By J\Ir. Jones-
A bill to extend the corporate limits of the city oi Al-
bany.
Report of the committee was- agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

278

JouRNAL oF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By Mr. Fields-
A bill to amend the Act incorporating the town of Pinehurst, in Dooly county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follows: Amend section 2, after the word "thereafter," in the ninth line, the following: "But the first election under this Act shall be held on the second Monday in December, 1902."
This bill was ordered immediately transmitted to the. House.

By Messrs. Steed and Hixon-
A bill to amend the Act creating a new charter for the town of Temple, in Carroll county.
Report of the committee was agreed to. Upon the pa!:'sage of the bill the ayes were 29,. nays 0.
The bill having received the requisite constitutional majority was passed.
The following Senate resolution was read first time:

TuEsDAY, DECEMBER 2, 1902.

279

By :Mr. Comas-
A resolution to pay pension o Josiah Lucas, o Appling county, to his widow.
H.eferred to the Committee on Pensions.
The following Senate resolution was read third time and adopted:

By Mr. Comas-
A resolution providing or the burning o cancelled bonds o the State.
The following joint resolution was read and adopted:

By :Mr. Jordan-
A resolution appointing Senators and Representatives to visit the College o Agriculture and :Mechanic Arts at Athens.
Committee on part o Senate are Senators Jordan, Stevens, Roberts, Clark, Clements.
The following message was received rom the Governor through :Mr. Erwin, his Secretary:
Mr. President: I am directed by the Governor to deliver to the Senate a
sealed communication, to which he respectfully invites the consideration o your honorable body in executive session.
. The following message was received rom the Governor through Mr. Erwin, his Secretary:

280

JOURNAL OF THE SENATE.

Mr. President:

The Governor has approved the following ,A.ct of the,

General Assembly:



An Act to amend the charter of the town of Flintstone, \Valk~r county, so as to provide for a system of public schools, in and for said town.

Mr. Perry, chairman of the General Judiciary Committee, submits the following report:

Mr. President:
The General Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass:

A bill to provide for a judgment or verdict at the :first term in all cases in the courts of this State, in which action is brought on an unconditional contract in writing, or on an open account, and in which cases there has been personal service on the defendant, and to which no legal defense is .filed.

Also, that the following bill of the Senate do not pass:

A bill to provide for license for carrying pistols, and to provid~ when the same shall go into effect, and for other purposes.

Also, that the following bills of the House do pass:

A bill to require any person seeking a writ of certiorari to correct the judgment of a recorder's court, or other police court of any town or city, by whatever name known;

TUESDAY, DECEMBER 2, 1902.

281

to give bond, except under certain conditions, and -for other purposes.

Also, a bill to regulate and control the taking and catch ing of fish and oysters from the public waters of this State, and for other purposes.

Also, a bill to amend section 670 of the Penal Code, in regard to cheating and defrauding, so as to apply the proviE:ions the:r:~of to cheating or defrauding a firm or corpor ation.
Also, a bill to amend section 573 of the Penal Code, by makinp: it unlawful for any person to be found in posses sion of any terrapin of a less size than five and one-half inches, etc., and for other purposes.
Also, a bill to amend section 5113 of the Civil Code, so as to _!!llow executions to be amended by clerk of court from which the same were issued, so as to conform to amended judgments.
Also, a bill to cede to the United States jurisdiction of this State over certain public road approaches to the Chickamauga National Park, in the counties of Catoosa and Whitfield, and for other purposes.
Also, a bill to provide for practice in the city court of Atlanta, in reference to defaults, and for other purposes.
Al,;o, that the following bill of the House do pass as amended:
A bill to amend section 642 of volume 3 of the Code of 1895, Eto as to require the pntative father to give bond for the expenses of lying in with such child, and for other pur poses.

282

JOURNAL OF THE I::)ENATE.

Also, that the following bills of the House do not pas~:
A bill to protect Confederate and other soldiers meniioned in an Act of the General Assembly approved December !), 1897.
A bill to amend section 187 of volume 3 of the Code of 1895, so as to more fully define stealing, and for other pnrposes.
Also, a bill to require all prison-made goods to be labeled "prison-made," and for other purposes.
Also, a bill to regulate the traffic in seed cotton iu the counties in Eij)ert, Wilkes and Lincoln; to provide penalty for violation of same, and for other purposes.
Respectfully submitted. H. H. PERRY, Chairman.
1:lr. Ledford, chairman of Committee on Education, submits the following report:

Jfr. President:
The Committee on Education has had under consideration 1he following bills of the House which it requests me to report back with recommendation that same do pass:
A bill to be entitled an A.ct to repeal all of an Act entitleJ an Act to provide for the issuing of bonds by the town of Norcross, in Gwinnett county, for the purchasing of school property, building schoolhouses, and for other purposes, after submitting same to the qualified voters of No;rcross.
A bill to be entitled an Act to authorize the mayor and aldermen of the town of Dallas, Georgia, to purchase,

TUESDAY, DECEMBER 2, 1902.

283-

build and equip school buildings and property, and forother purposes.

A bill to be entitled an Act to incorporate the Vega school district of Pike county; to define the boundaries of the same; to regulate the management of the schools in said district; to provide revenue for said schoels ; to provide for election of five trustees, and for other purposes.

A bill to be entitled an Act to establish, maintain and operate a public school system in the city of Ocilla, and forother purposes.

A bill to be entitled an Act to repeal an Act approved December 13, 1895, providing for the application of all public school funds to the Douglasville College, that is distributed to school children within the corporate limits of said town, and for other purposes.
Respectfully submitted. M. L. LEDFORD, Chairman.

The following Senate bills were read third time to be put upon their passage:

By l\fr. Snead-
A bill to make it unlawful to charge more than 8 percent. on money loaned on cotton or other produce as security in this State.

Report of the committee was agreed to. The substitute was adopted. On motion, the bill was tabled.

284

JouRNAL oF THE SENATE.

By Mr. Sweat-
A bill to make it a misdemeanor to be intoxicated upon any stre~t or public road in this State.

Report of the committee was agreed to.

Upon th~ passage of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Duncan of lOth, Duncan of 36th, Golden,

Harrell, Hopkins, Jordan, Lee, Ledford, McClure, McLean, Mcl!ichael,

Merritt, Moore, Perry, 8w<>at, Symons, Taylor, Van Buren,

Those voting in the negative were Messrs.-

Crumbley, Davis, Park,

Reid, Roberts, Snead,

Tisinger, )Vorsham,

Those not voting were Messrs.-

Christie, Dodd, Hightower, Hudson,

Lewis, Mathews, Middlebrooks, Rountree,

Skelton, Stevens, Turner,

Ayes 23; nays 8.
The bill having received the requisite constitutional majority was passed by substitute as amended, and the _amendments are as follows: Amend section 1: Provided that the provisions of this bill shall not apply to the streets or highways of all incorporated town or cites.

TUESDAY, DECEMBER 2, 1902.

285.

By Mr. Perry-

A resolution requesting our representatives in Congress. to use their influence in having the State reimbursed for money paid by the State removing the Indians in 1836.

Report of the committee was agreed to.

Upon passage of the resolution the ayes were 26, nays 0.

The resolution having received the requisite constitu tional majority was passed.

By Mr. ComasA bill to amend section 1541 of the Code relative to the
call of elections against the sale of liquor. Report of the committee was agreed to. U~on the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional rna# jority was passed.

By Mr. Perry-
A bill to require defendant in all cases at common law or in equity in the courts of this State in which the defendant shall, in his answer, set up new matter not controverting the plaintiff's petition, or plead a set-off or recoupment, and for other purposes.
Report of the ~ommittee was agreed to.
lipon the passage of the bill the ayes were 24, nays 0.
The bill having received the requisite constitutional rna-

:286

JOURNAl. OF THE SENATE.

jority was passed as amended: By adding at the end of section 1: Providing that when such answer .shall have been led at or before the calling of the case on the appearance <locket, the plaintiff shall le his reply thereto as above required at least sixty days before the next term of the court.
By lfr. Comas-
A bill to enlarge the powers of the railroad commission of Georgia.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.
By ~lr. Lee-A bill for the protection of the officers and employees
-of the Georgia Penitentiary.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed as amended: Amend section 4 by striking out the words "others, or to remain on the premises within the guard-lines after his time has expired" where they occur in lines 1 and 2, and insert in lieu thereof the words "other convicts."
Amend section 5 by inserting after the word "warrants," in third line, the words "for the purpose of arresting persons violating this Act."

TUESDAY, DECEMBER 2, 1902.

287

Amend section 5 by adding after the last word thereof -the words "after having been ordered by the deputy war'{len in charge of said convicts to desist therefrom."

Senate bill No. 68 was tabled.

The following Senate bill was recommitted to the Committee on Education.

By :Mr. Perry-

A bill to amend the school laws of the State by setting aside funds for libraries.
The following Senate bill was read second time and recommitted to the General Judiciary Committee.

By Mr. Hopkins-
A bill to provide for the dissolution of corporations by the superior courts in certain cases.

The following Senate bills were read second time:

By :Mr. Park-

A bill to provide for the testing and mode of testing the muminating qualities of illuminating oils in this State.
By Mr. Comas-
A bill to prohibit the selling or giving to any felony convict in this State any spirituous or intoxicating liquors.

By }fr. Lee-
A bill to authorize the Governor to require the Attorney"General of the State to perform, without compensation, all

288

JOUBNAL OF THE SENATE.

duties now incumbent upon the special attorney for W. & .A. R. R.

By :Mr. Howell-
A bill to carry into effect article 3, section 7, paragraph 18 of the Constitution.

By Mr. Perry-
A bill to provide for a judgment or verdict at the first term in certain cases.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. PrcsidP.nt: The House has passed by the requisite constitutional
majority the following House bill, to wit:
A bill to create a new charter for the city of Hawkinsville, in Pulaski county.
The following resolution was adopted:

By Mr. Howell-
.A resolution authorizing the Brumby Memorial Association to erect a monument to the late Lieutenant T. M. Brumby on the Capitol grounds.
The follo,ving House bills were read second time :

By Mr. Owens-
A bill to incorporate the Vega school district, in Pike county.

TUESDAY, DECEMBER 2, 1902.

289

By Mr. Slaton-

A bill to provide for the practice in city court of Atlanta.

By :Mr. Yates-
A bill to cede to the United States certain lands in the counties of "Wnitfield and Catoosa.

By Mr. UnderwoodA bill to amend section 642 of the Code.

By Mr. Dunbar-
A bill to require any person seeking a writ of certiorari to correct the judgment of a recorder's court or other police court, and for other p-qrposes.

By Messrs. Butts and Proctor-

A bill to regulate the taking of oysters from the public streams of this State.
By :Mr. Slaton-
A bill to amend section 670 of the Code.

By 1\Ir. Butts-

A bill to amend section 573 of the Penal Code, to make it unlawful to catch a terrapin of less size than five and one-half inches.

By :Mr. Whitley-
A bill to repeal the Act providing for the application of public school funds to Douglasville College.
19 sj

:290

JOURNAL OF THE SENATE.

By Jf r. Thompson-
A bill to provide for the removal of obstructions from the streams of Hall county.
By :Mr. Beall-
lt bill to authorize the mayor and aldermen of the town of Dallas to purchase and equip school buildings.
By :Mr. Paulk-
A bill to establish and maintain and operate a public school system in the city of Ocilla.
The following House bills were read second time and re:oommitted to the Temperance Committee:

By 1Ir. Steed-
A bill to establish one or more dispensaries in Tay:lor county. By 1Ir. Whitley-
A bill to prohibit the manufacture of intoxicating liquors in Douglass county.
By ~Ir. Grice-
A bill to amend the local Act creating dispensaries in Pulaski county.
~Ir. Duncan, chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing has examined the follow-

TuESDAY, DECEMBER 2, 1902.

291

ing Senate bill, which it finds correctly engrossed and ready for transmission to the House :

A bill to reorganize the military forces; to adopt and make of force a military code, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chairman.

Mr. Ledford, chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education has had under consideration the following Senate bill, which it instmcts me to report with the recommendation that the same do pass:

A bill to amend an Act approved December 16, 1897, to provide against frequent changes of school books, and for other purposes.
Respectfully submitted. M. L. LEDFORD, Chairman.

The following House bill was read second time and recommitted to the Committee on Education:

By l\fr. Pate-
A bill to repeal the Act authorizing the town of Norcross to issue bonds.

The following Honse bill was read second time and recommitted to the Special Judiciary Committee.

lly )fr. \Vi~e--
A bill to establish a city court for Fayetteville, in Fayette county.

292

JOURNAL OF THE SENATE.

The following House bills were read first time:

By :Mr. Hutcheson.A bill to establish the city court of 'Buchanan, in the
city of Buchanan.
Referred to the Special Judiciary Committee.

By Mr. :McBride-
A bill to prohibit the sale of spirituous liquors in Lee county.

Referred to the Committee on Temperance.

By Messrs. Thompson and Rogers---,
A bill to establish a city court in Hall county, and for other purposes.

Referred to the General Judiciary Committee.

By :M:r. Kent-
A bill to establish dispensaries m Wrightsville and Kent, in Johnson county.

Referred to the Committee on TemperancE'.

By 1Ir. ShackelfordA bill to alter and amend an Act incorporating the
Southern :M~tual Insurance Company.
Referred to the Committee on Finance.

By llfr. GriceA bill to create a new charter for the city of Hawkins-
ville.
Referred to the Committee on Corporations.

TUESDAY, DECEMBER 2, 1902.

293

The following Senate bill was read first time :
By Mr. Christie-
A bill to establish a system of public schools for the city of Fort Gaines.

Referred to the Committee on Education.
On motion, the following Senate bill was reconsidered, which was passed this morning.

By Mr. Comas-
A bill to enlarge the powers of the railroad commission.
The following House bills were read third time to be put upon their passage:

By Mr. NisbetA bill to abolish the city court of Waynesboro. Report of the committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional ma-
jority, was passed.

By Mr. WiseA bill to amend the Act incorporating the town of Fay-
etteville, so as to make it the city of Fayetteville.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

294

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority, was passed.

By Mr. Davison-
A bill to amend the Act creating the county court of Greene county.
Report of the committee was agreed to. L"pon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By :Messrs. Steed and HixonA hill to extend the corporate limits of Carrollton, m
Carroll county. Report of the committee was agreed to. L pon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Franklin-
A hill to extend the corporate limits of Tennille, in Washington county.
Report of the committee was agreed to.

TTpon the passage of the bill the ayes were 28, nays 0.
The hill having received the requisite constitutional majority was passed.

TuESDAY, DECEMBER 2, 1902.

295

By Mr. Slaton-

A bill to amend section 5113 of the Civil Code, so as to a1low executions to be amended by the clerk of the court from which the same were issued.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

Tlie bill having received the requisite constitutional majority was passed.

By ~fr. Grice--
A bill to incorporate the town of Finleyson, in Pulaski county.
Report of the committee was agreed to.

"(;pon the passage of the bill the ayes were 24, nays _0.

The bill having received the requisite constitutional majority was passed.

By 1\fr. Owen-
A bill to amend section 982 of the C?de by adding the city of Barnesville, in Pike county, to the list of State depositories.
Report of the committee was agreed to.
Uron the passage of the bill the ayes were 26, na_ys 0.
The bill having received the requisite constitutional majority was passed.

296

JOURNAL OF THE SENATE.

By :Messrs. Evans and FranklinA bill to amend, consolidate and supersede the_ several
Acts incorporating the city of Sandersville.
Report of the committee was agreed to.
Upon tf1e passage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed. By 11r. Davidson-
A bill to change the time for holding the superior courts of Greene county.
Heport o the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By ~Tr. StewartA bill to incorporate the town of Edison, in Calhoun
county.
Heport of the committee was agreed to.
"C"pon the passage of the bill the ayes were 26, nay& 0.
The bill having.received the requisite constitutional majority was passed.

By :Messrs. Hardeman and HolderA bill to repeal the Act establishing the city court of
Jefferson, .Jackson county. Heport of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.

TUESDAY, DECEMBER 2, 1902.

297

The bill having received the requisite constitutional majority was passed.

By liessrs. Hardeman and Holder-

A bill to incorporate the town of Statham, in J acbon county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By }.h. Mitcham-

A bill to repeal the Act and amendments incorporating the town of Jonesboro, in Clayton county.

Report of the committee was agreed to.

Fp~n the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

J3y i\fr. Shannon-
A bill to provide for the removal of obstructions, except dams for operating mills, from the streams of Monroe county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

298

JOURNAL 01>' THE SE~ATE.

By Mr. West-
A bill to amend the charter of the city of Valdosta, and for other purposes.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Holder-
A bill to repeal an Act incorporating the town of Stat-
ham, in ;rackson county.

Report of th~ committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By .Mr. PaulkA. bill to repeal an Act approved November 24, 1897,
incorporating the town of Ocilla, in Irwin county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. ButtsA bill to amend the Act creating a board of county com-
missioners of roads and revenues for Glynn county.
Report of the committee was agreed to.

TuESDAY, DECEMBER 2, 1902.

299-

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was pflssed.

By Jliessrs. Duckett, Hardeman and Holder-

A bill to amend the Act incorporating the town of ~fays-

ville, in Jackson and Banks counties.

.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority wns passed.
By ~Ir. Stanford-A bill to establish the city court of Hamilton, in Harris.
county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The hill having received the requisite constitutional majority was passed.
By }fr. StanfordA bill to amend the charter of Hamilton, in Harris
county.
Report of the committee was agreed to.
upou the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was p!lssed.

300

JOURNAL OF THE SENATE.

By Messrs. Candler and Mayson-

A bill to create a board of commissioners of roads and l'evennes for DeKalb county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional ma jority was passed as amended, and the amendments are as follows: .Amend section 1, line 4, by striking the word ~'enacted," and inserting the word "created."

At 12 :50 o'clock the Senate went into executive session.

On motion, the Senate adjourned until to-morrow at 10 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, Decem!Jer 3, 1902.

The Senate met pursuant to adjounrment at 10 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their names :

Allen, Atkinson, Christie, ()lark, "Clements,

Comas, Crumbley, Dodd, Davis, Duncan of lOth,

Duncan. of 36th, Golden, Harrell, Hightower, Hopkins,

WEDNESDAY, DECEMBER 3, 1902.

301

Jordan, Lee. Ledford, Mathews, McClure, McLean, McMichael, Merritt,

:Moore, Park, Perry, Reid, Roberts, Skelton, Snead, Stevens,

Sweat, Symons, 'l'aylor, Tisiuger, Turner, Van Buren, Worsham, Mr. President

Those absent were Messrs.-

Hudson, Lewis,

Middlebrooks,

Rountree,

The Journal of yesterday was read and approved.
House bill No. 257 was recommitted to the Committee on Agriculture.
Senate bill No. 68 was made special order for to-morrow morning immediately after reading of Journal.
H011se bill No. 38 was recommitted to the Committee on J>ensions.
The following House bills were read third time and put upon their passage:

By Mr. Conner-



A bill to amend the Act establishing the city court of

Bartow.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

:302

JOURNAJ, OF THE SENATE.

This bill was ordered immediately transmitted to the House.

Mr. Symons, chairman of the Committee on Enrollment, submits the following report:

Jfr. President:
The Committee on Enrollment have examined and found properly enrolled and ready for the signatures of the President of the Senate and Speaker of the House, the following Acts, to wit:

An Act to amend section 982 of volume 1 of the Code of Georgia of 1895, by adding the town of LaFayette to list of State depositories.
An Act to amend an Act to create a board of roads and revenues in the county of Hancock; to define their powers and duties, and for other purposes.

An Act to amend section 982 of the Code of Georgia of 1895, so as to add the town of Baxley, in Appling county, and the town of Douglasville, in Douglas county, to the list of State depositories.

An Act to make it unlawful and punishable as a misde-

meanor for any person to hunt upon the lands of another



in Columbia county without the written consent of the

owner thereof.

An Act to be entitled an Act to repeal an Act creating the county court of ~{arion county.
Respectfully submitted.
,V. F. SYMONS, Chairman.

WEDNESDAY, DECEMBER 3, 1902.

303

Mr. Christie, chairman of the Committee on Banks, submits the following report:

Mr. President:
The Committee on Banks has had under consideration the following bills of the House, which it requests me to report back with recommendation that same do pass:

A bill to be entitled an Act to amend section 982 of vol ume 1 of the Code of Georgia of 1895, so as to add the city of Louisville, Jefferson county, to the list of State depositories.

A bill to be entitled an Act to amend section 982 of volume 1 of the Code of Georgia of 1895, so as to add the town of Thomson, McDuffie county, to the list of State depositories.
Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Duncan of 36th, chairman of Committee on Temperance, submits the following report:
];f.r. P1esident: The Committee on Temperance has had under consider-
ation the following bills of the House, which it requests me to l'eport back with recommendation that same do pass:
A bill to be entitled an Act to estabijsh one or more dis-
pensaries for the sale of alcoholic and other intoxicating liquors in Taylor cot<nty, and .for other purposes.
A bill to be entitled an Act to amend the local Act creating dispensaries in Pulaski county, and for other purposes.
A bill to be entitled an Act to prohibit the manufacture

304

JouRNAL oF THE SENATE.

of intoxicating liquors in the county <;>f Douglas, and tor other purposes.

A bill to be entitled an Act to prohibit the sale of spirituous liquors in the county of Lee7 and for other purpores.
A bill to be entitled an Act to establish, maintain, and regulate a dispensary for the sale of intoxicating liquors in the city of Ocilla, Irwin county, Georgia, and for other purposes.
Respectfully submitted. DuNCA..'V (36th), Chairman.

Mr. I..edford, chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education has had under consideration the following Senate bill which it instructs me to report with the recom:nendation that the same do pass by substitute:

A bill to amend the school laws of the State by setting aside .funds for libraries in schools; provid~ method of selection and care of same.
Respectfully submitted.
M. L. LEDFORD, Chairman.

:Mr. Perry, chairman of the Committee on General Judiciary, submits the following report:

.Mr. President:
The General Judiciary Committee have had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass as amended:

WEDNESDAY, DECEMBER 3, 1902.

305

A bill to suppress the evil of keeping gaming houses mentiuned in section 398 of the third volume of the Code of Georgia.

Also, that the following bills of the House be reported _back with the recommendation that they do pass:

A bill to authorize clerks of city courts to appoint deputies, and for other purposes.

A bill to amend section 2145 of the Code of 1895, so as to better fix the venue of suits against insurance companIes.

A bill to amend section 2754 of the Code, which provides for the foreclosure of mortgages before due, and for other purposes.

Also, that the following bill of the House do pass as amended:

A bill to revise the election laws of Georgia, and for other purposes.

Also, that the following bill of the House do not pass:

A bill regulating the manner in which .claimants in claim cases shall set out grounds which constitute basis of such claim, and for other purposes.
Respectfully submitted. H. H. PERRY, Chairman.

The following House bill was read second time:

By Messrs. Deal and Miller-
A bill to incorporate the town of Statesbcro, in Bullock county.
20sj

306

JOURNAL OF THE SENATE.

Senate bill No. 93 was recommitted to the General Judiciary Committ:ee.

Hom>e bill No. 11 was made special order for Friday morning at 11 o'clock.

The following Senate bills were read second time:

By :Mr. Christie-

A bill to establish a system of public schools m ]ort Gaines, Clay county.

By :Mr. Perry-

A. bill to suppress the evil o keeping gaming houses mentioned in section 398 of the Code.

The following message was received from the Governor through l\ir. Erwin, his Secretary:

Mr. P1esident:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive sess-wn.

The following House bill was read third time to be put upon its passage:

By l\1r. Pate-

A bill to repeal an Act authorizing the issuing of bonds in Norcross, Gwinnett county.

Heport of the committee was agreed to.

lTpon the passage of the bill the ayes were 29, nays 0.

WEDNESDAY, DECEMBER 3, 1902.

30l

The bill having received the requisite constitutional majority was passed.
The following Senate bills were read third time with adverse report from committee:

By Mr. Harrell-A bill to amend section 4313 of the Code.

Report of the committee was agreed to and the bill was lost.

By Mr. :McLean-
A hill to provide for license of carrying pistols, and to provifle when same shall go into effect.

Report of the committee was agreed to and bill was lost.
1Ir. :McLean, chairman pro tern. of Committee on Pensions, submits the following report:

Mr. President:
The Committee on Pensions has had under consideration the following resolution of the Senate, which it requests me to report back with recommendation that same do pass:
A resolution to pay pension of Josiah Lucas, of Appling county, Georgia, to Lecia Lucus, his widow.
McLEAN, Chairman pro tern.

The following Senate bills were read third time to be put upon their passage:

By Mr. PerryA bill to amend the school laws of the State by setting
aside funds for libraries.
He~Jort of the committee was agreed to.

308

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 24, nays 1.

The bill having received the requisite constitutional majority was passed by substitute.

jyMr. Park-
A bill to authorize boards of education to contract for books for seven years instead of five years.
. This bill was tabled.
By }{r. Van Buren-
A bill to repeal the Act reducing the compensation of the county treasurer of Wilkinson county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Lee-
A bill to authorize the Governor of the. State to require the attorneygeneral to perform, without compensation, all duties now encumbent upon the special attorney for theW. & A. R. R.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.
The hill having received the requisite constitutional majority was Eassed.

WEDNESDAY, l>ECEHBER 3, 1902.

309

By Mr. Comas-

A bill to prohibit the selling or giving to any elony convict in this State any spirituous or intoxicating liquors.

Ueport o the committee was agreed to.

Upon the passage o the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed as amended: Amend se~tion 1, line 3 by inserting ater the word "felony," and before the word "convicts," the words "or misdemeanor."

By Mr. Howell-
A bill to carry into effect article 3, section 7, paragraph 18 o the Constitution, relative to the powers o insurance companies.
This bill was tabled.
By Mr. Perry-
A bill to provide or a verdict or judgment at the fi:rst term in all cases in which action is brought on an unconditional contract in writing.
This bill was tabled. By Mr. Park-
.A. bin to provide or and the mode o testing illuminating oils in this State.
Heport o the committee was agreed to.
Upon the passage o the bill the ayes were 29, nays 0.

310

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.
Mr. Tisinger, chairman of the Special J~diciary Committee, submits the following report:

Mr. President:
The Special .Judiciary Committee has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass:

A bill to change the time of holding Glascock superior court.

A bill to amend an Act to establish the city court of Valdosta.

A bill to repeal an Act to incorporate the city of Tifton.

Also, the following House bill do pass as amended:

A bill to establish the city court of Fayetteville, and for other purposes.

Also, that the following Senate bill be recommitted to General Judiciary Committee.

A bill to repeal an Act amending an Act to regulate the fees of attorneys and receivers in cases where receivers ~re appointed.
Respectfully submitted. B. L TisiNGER, Chairman.

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

~VEDNESDAY, DECEMBER 3, 1902.

311

Mr. President:
The Committee on Engrossing has examined the following bills, which it finds correctly engrossed and ready for transmission tb the House :
A bill to amend section 1541 of the Cod~, which preH~ribes the number of names to be signed to petitions for or against the sale of liquor, and for other purposes.
A bill to require defendant in all cases where defendant shall set up in his answer new matters, the same to be in paragraphs, and for oth~r purposes.

A bill to make it a misdemeanor to be inloxicated upon any street or public road of this State, and for other purposes.

A bill to protect the officers and employees of the Georgia penitentiary at the various camps throughout the State, and for other purposes.

Also, the following resolutions:

A resolution authorizing the burning of cancelled bonds and coupons of the State now in the treasury's vaults.
A joint resolution requesting our Senators and Representatives in Congress have the United States reimburse this State in certain Indian war claims.

A resolution tD authorize the Brumby .Memorial Association to erect a monument upon the Capitol grounds to commemorate the services of Lieutenant Thos. M. Brumby, late of the United States Navy.

A resolution for appointment of Senators and Repre-

312

JOURNAL OF THE SENATE.

sentatives to visit the College of Agriculture and Mechanic Arts at Athens, and for other purposes.
Respectfully submitted. A. B. DuNCA..""i, Chairman.

The following House bill was read second time and recommitted to the Finance Committee.

'By Mr. Shackleford-
A bill to amend the Act incorporating the Southern :Mutual Insurance Company.
The following House bills were read third time to be put upon their passage:

By :Mr. Dunbar-
A bill to require any person seeking a writ of certiorari to correct the judgment of a recorder's courtt or other police court of any town or city.
Iteport of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Reid-
A bill to authorize the mayor and council of Palmetto to issue bonds.
R~port of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.

WEDNESDAY, DECEMBER 3, 1902.

313

The bill having received the requisite constitutional rna jority was passed.

By Mr. Wise-
A bill to establish the city court of Fayetteville, in Fay ette county.

Report of the committee was agreed to.

. L'"pon the passage of the bill the ayes wer.:; 27, nays 0.

The bill having received the requisite constitutional rna jority was passed.
By Messrs. Butts and Proctor.A. bill to amend the Act regulating the taking of fish and
oysters from the public waters of this State.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional rna jority was passed.

By Mr. Underwood-

A bill to amend section 642 of volume 3 o.f the Code.

Rerort of the committee was agreeq, to. Upon the passage of the bill the ayes were 28, nays 0.

The bill having recehed the requisite constitutional rna jority was passed as amended: Amend section 1 by adding after the word ''thereof," in the eighth line the following: "Also by adding after the word "child," in the seventh

314

JouRNAL oF .rHE SENATE.

line of said section, the following: "for the payment of the expenses of lying in with such child, boarding, nursing and maintenance while the mother in confined by reason thereof."

By Mr. J~eall-
A bill to authorize the mayor and aldermen of the town of Dallas, Georgia, to purchase, build and equip school buildings.

Hfcport of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite con;;titutional majority was passed.

By ~[r. Slaton-
A bill to provide for practice in the city court of Atlanta.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Nisbet and McElmurrayA bill to incorpora.te the Waynesboro Academy. lleport of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, DECEMBER 3, 1902.

315

By Messrs. McElmurray and Nisbet-

A bill to amend the several Acts incorporating the town

of waynesboro, so as to make it the city of \Vaynesboro.

Repe~rt of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. KnightA bill to repeal the Act incorporating the city of Tifton.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By :M:r. BowenA bill to incorporate the town of Pineview, in Wilcox
county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional maj0rity was passed.

By Mr. CannA bill to amend section 1 of an Act establishing the
police court of the city of Savannah.
Report of the committee was agreed to.

316

JoURNu. OF 'rHE SENATE.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Deal and Miller-
A bill to repeal the charter of the town of Statesboro, in Bullock county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.
lly :Mr. whitleyA bill to prohibit the manufacture of intoxicating
liquors in the county of Douglas.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite comtitutional majority was :eassed.

By Mr. Whitley-
A bill to repeal the Act providing for the application of all public school funds to the Douglasville College.

Report of the committee was agreed to.

"Gpon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, DECEMBER 3, 1902.

317

By Mr. Paulk-
A bill to establish, maintain and operate a public school system in the city of Ocilla.

Rep0rt of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.
Jly Mr. Thompson-
A bill to provide for the removal of obstructions of all kinds from the streams of Hall county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

By .Mr. Steed-
A bill to establish one or more dispensaries in Taylor county.

Report of the committee was agreed to.

This bill was tabled.

lly Mr. ButtsA bill to amend section 573 of the Code, by making it
unlawful to be found in possession of a terrapin of less size that iive and one-half inches.
Report of the committee was agreed to.

318

JoURNAL OF THE Si:I!rAT:JL

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By }[r. Slaton-
A bill to amend section 670 of the Code, which provides punishment for cheating and defrauding.
Heport of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Yates-
A hill to cede to the United States the jurisdiction of this State over certain lands in Catoosa and Whitfield counties.
Report of the committee was agreed to.
Upo:n the passage o the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Grice-
A bill to amend the local Act creating dispensaries in Pulaski county.
Report of the committee was agreed to.
l.!pon the passage of the bill the ayes were 26, nays 0.

WEDNESDAY, DECEMBER 3, 1802.

319

The bill having received the requisite constitutional majority was passed.

By Mr. OwenA bill to incorporate the Vega scho?l district.

Report of the committee was agreed to.

L:pon the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following- House bills were read second time with adve:rse report from committee; the report was agreed to and the bills were lost.

By }lr. 17"nderwoodA bill to amend section 187 of the Code.

By :Mr. Felder-
~\. bill to regulate the manner in which claimants in claim cases shall set out grounds which con~titute basis of such claims.
By .Mr. Spence-
A bill to amend the Act establishing the city court of waycross.
]3y :Mr. Spence-
A bill to amend the Act establishing tha city court of Waycross approved December 11, 1897.

320

JOURNAL OF THE SENATE.

By Messrs. licHenry, Knowles and Ennis-

A hill to require all prison-made goods to be labeled "prison-made."

The following Senate bills were read first time:

By Mr. Hightower-
A hill to amend the Act incorporating N e-.vton, in Baker county.
Referred to the Committee on Corporations.

By :Mr. Clements-

A. hill to repeal the Act establishing the city court of Mount Vernon, in the county of Montgomery.

Referred to the Special Judiciary Committee.

lly l!r. Clarke-

A hill to incorporate the town of Chester, in Dodge county.

Referred to the Committee on Corporations. By lir. J>ark~

A hill to amend an Act establishing a dispensary in LaGrange.

Referred to the Special Judiciary Committee.

By Mr. J>erry-

A bill to amend section 1354 of the Code.

Referred to the Committee on Education.

WEDNESD~Y, DECEMBER 3, 1902.

321

The following Senate resolution was read second time:

By :Mr. Comas-
A resolution to pay pension of Josiah Lucas to his widow.
The following House bi1ls were read second time:
By Mr. Flynt-
A bi11 to amend section 2145 of the Code; so as to better fix the venue against insurance companies.

By Mr. Kelly-
A bill to change and :fi..'{ the time for holding Glascock superior court.
By Mr. Harden-
A bill to authorize the clerks of city courts of this State to appoint deputy clerks.

By Mr. KentA bill to amend section 2754 of the Code.

By Mr. Phillips-
A bill tD amend section 982 of the Code, by adding the city of Louisville to the list of State depositories:

By Mr. McBride-
A bill to prohibit the sale of spirituous liquors in the county of Lee.
2lsj

322

JouRNAL oF THE S~NATE.

lly Mr. PaulkA ~ill to establish a dispensary for the city of Ocilla.

ByMr. WestA bill to amend the Act establishing the city court of
Valdosta.
By Mr. Watson-
A bill to am:end section 982. of the Code, by adding the town of Thomson to the list of State depositories.
At 12 :05 the Senate went into executive ~ession.

Senator Atkinson was granted leave of absence.
lJpon motion, the Senate adjourned until to-morrow morning at 10 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, December 4, 1902.

The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.

J>rayer was offered by the Chaplain.

Upon the call of the roll the following members ant;wered to their names:

A-llen, Atkinson, Christie, Clark,

Clements, Comas, Crumbley, Dodd,

Davis, Duncan of lOth, Duncan of 3tlth, Golden,

THURSDAY, DECEMBER 4, 1902.

323

Harrell, Hightower, Hopkins, Hudson, Jordan, I.ee, Ledford, Mathews, McClure, McLean,

McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid, Roberts, Skelton, Snead,

Stevens, Rweat, Symons, Taylor, Trsinger, 'l'urner, Vall Buren, '\\"orsham, Mr. President,

Those absent were :Messrs.-

Lewis.

Rountree,

l\Ir. Perry gave notice that at the proper time he would move to reconsider the action of the Senate In passing House bill No. 276.

MJ.:. Taylor gave notice that at the proper time he would move to reconsider the action of the Senate in defeating House hill No. 124.

The Journal of yesterday was read and approved..

On motion, House bill No. 276 was reconsidered and recommitted.

Mr. Taylor moved to reconsider the action of the Senate in defeating House bill No. 124 on yesterday, which motion was lost.
The following message was received from the Governor through :Mr. Erwin, his Secretary :

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites

324

JOURNAL OF THE SENATE.

the consideration of your honorable body in executive sesswn.

The following message was received from the House through }{r. Boifeuillet, the Clerk thereof:

}yfr. Presidcn t: The House has passed by the requisite constitutional ma-
jority the following House bills, to wit:
A bill to make appropriations for the Qrdinary expenses . of the Executive, Legislative and Judicial Departments of the government, and for other purposes.

Also, a' bill to provide for and require the payment of taxes on all special franchises and to prescribe the method for the return and payment of said taxes.

}.{r. Symons, chairman of the Commtitee on Enrollment, :mbmitted the following report:

M1. President:
The Committee on Enrollment reports as duly enrolled, signed by the President of the Senate and Speaker of the House of Representatives and delivered to the Governor, the following Acts:

An Act to amend section 982 of volume 1 of the Code of Georgia of 1895, by adding the town of LaFayette to list o State depositories.

An Act to amend an Act to create a Board of Roads and Revenues in the county of Hancock, to define their powers and duties, and for other purposes.
An Act to amend section ~i82 of the Code of 1895 so as

'l'IJURSDAY, DECEMBER 4, 1902.

325

to add the town of Baxley, in Appling county, and the town of Douglasville, in Douglas county, to the list of State deposi tories.

An Act to make it unlawful and punishable as a misdemeanor for any person to hunt upon the lands of another in Columbia county without the written consent of the owner thereof.
An Act to be entitled an Act to repeal an Act creating the county court of Marion county.
Respectfully submitted,
vV. F. SYMONS, Chairman.

:Mr. Dodd, chairman pro tern. of Speeial Judiciary Committee, submits the following report:

]fr. President:
The Committee on Special Judiciary has had under consideration the following bill of the House, which it requests me to report back with the recommendation that same do pass as amended:
A bill to be entitled an Act to establish the city court of Buchanan, in the city of Buchanan, in the county of Har1llson, and for other purposes.
Hespectfully submitted, W. P. Donn, Chairman pro tern.

:Mr. Symons, chairman pro tern. of the Committee on Corporations, submitted the following report:

J.lfr. P1esident:
The Committee on Corporations has had under consideration the following bills of the House, which it instructs me to report with the recommendation that they do pass:

326

J'OU.BNAL 011' THE SENATE.

A bill to incoporate the city of Tifton, in Berrien county.

A bill to incorporate the city of Ocilla, in Irwin county.

A bill to incorporate the city of Statesboro, in Bulloch county.

A bill to create a new charter for the city of HawkinSville, in Pulaski county.

A bill to incorporate the town of Soperton, in Montgomery county.

A bill to amend the charter of Louisville, Ga., so as to provide for waterworks.

A bill to amend the charter of the town 0f Boston so as to enlarge the taxing powers of the mayor and council.

A bill to amend the charter of the town o Buchanan by making it the city of Buchanan.

A bill to incorporate the town of Bethlehem, in Walton county.
Also, the following Senate bill which it recommends do pass as amended:
A bill to incorporate the town o Atwater, in Upson county.
Respectfully submitted, W. F. SYMONs, Chairman pro tern.

}fr. Christie, chairman of the Committee on Banks, submitted the following report:
Mr. President: The Committee on Banks has had under consideration

THURSDAY, DECEMBER 4, 1902.

327

the following House bills, which it instructs me to report with the recommendation that they do pass:

A bill to amend section 982 of the Code of 1895 so as to add Montezuma, Ga., to the list of depositories.
A bill to amend the charter of the Buena Vista Loan & Savings Bank, and for other purposes.
Respectfully submitted, S. R. CHRISTIE, Chairman.

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

"Jlr. President:
The Committee on Engrossing has examined the following bills, which it finds are correctly engrossed and ready for transmission to the House:

.A bill to amend the school laws by setting aside funds for libraries in schools; to provide the method of selection of said libraries and the care of the same.

A bill to provide for the testing of illuminating oil, and for other purposes.
. A bill to authorize the Governor of the State to require the Attorney-General to perform, without compensation, the duties now incumbent on attorney for Western & Atlantic R. R., and for other purposes.

A bill to prohibit the selling or giving to convits spirituous or intoxicating liquors, and for other purposes.
A bill to repeal an Act to reduce the compensation of the

328

JOURNAL OF THE SENATE,

Treasurer of Wilkinson county, and for other purposes, approved February 23, 1876.
Respectfully submitted, A. B. DuNCAN, Chairman.

Mr. Ledford, chairman of the Committee on Education, submits the following report:

1lfr. President:
The Committee on Education has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass:
A bill to establish a system of public schools for the city of Fort Gaines, and or other purposes.
Respectfully submitted, :M. L. LEDFORD; Chairman.
The committee appointed to visit the convict camp at Coal City submitted the following report:
lrfr. President:
The special committee appointed to visi.t the convict camp at Coal City respectfully report that they have performed that duty, and tind that everything is in good order. The prisoners are well fed, properly cared for and are kept in clean quarters.
Respectfully submitted, .J. R VAN BuREN, F. L SwEAT, G. M. CLEMENTS.
Mr. 1fiddlebrooks, chairman of the Committee on Corporations, ~ubmits the following report:

THURSDAY, DEC.Jl:MBER 4, 190~.

329

Mr. President:
The Committee on Corporations has had ,mder consideration the following bills of the Senate, which it instructs me to report back with the recommendation that they do pass:

A bill to incorporate the town of Che:.;Ler, in Dodge -county.
A bill to amend an Act entitled an Act to incorporate the town of K ewton, in Baker cou~ty.
Respectfully submitted, L. L. ~Imor.EBROOKs, Chairman.

The following Senate bill was taken from the table to be put upon its passage:

By :Mr. Howell-
A bill to carry into effect article 3, section 7, paragraph 18 of the Conustitution relative to insurance companies.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 28 ; nays, 0. The bill having received the requisite constitutional majority was passed by substitute. The following House bills were read first time: By :Mr. Davis of Meriwether-

A bill to appropriate money for the maintenance of the State government for the year 1903.
Referred to the Appropriation Committee.

330

JOUBNAL OF THE SENATE.

By :Mr. Reed-

A bill to levy a tax on all franchises in this State.

Referred to the Finance Committee.

The following Senate bills were read first time:

By Mr. Hudson-

A bill to amend seCtion 45 of the charter of Americus, to make the police commissioners of Americus elected by the people.

Referred to the Committee on Corporations.

By }.fr. Worsham-

A bill to amend section 422 of the 3d volume of the Code.

Refe:red to the General Judiciary Committee. The following resolution wae read and adopted:

By Mr. Howell-
A resolution requesting the Appropriation Committee tomake appropriations for two years instead of one.

The following bill was taken up as special order :

By Mr. Clements-
A bill to provide for the leasing of felony convits by the Prison Commission.

l'lr. Hopkins moved to indefinitely postpone this bill. This motion was lost.

THURSDAY, DECEMBER 4, 1902.

a3t

:Mr Davis moved to dispose of the.special order, whic;h motion was lost.

Mr. Middlebrooks moved to table the bill, which motion. was lost.

Report of the committee was agreed to.

Upon the passage of the bill. the ayes and nays wereordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Christie, Clark, Clements, Comas,
Crm~J.bley,
Duncan of lOth, Duncan of 36th, Hightower,

Hudson, Ledford, Mathews. McClure, McLean, Merritt, Moore, Reid,

Skelton, Snead,
. Stevens.
Sweat, Symons, Van Buren, 'Vorsham,

Those voting in the negative were Messrs.-

Allen, Davis, Golden, Hopkins,

Jordan, Lee, Middlebrooks, Perry,

Roberts, 'Iaylor, Turner,

Those not voting were Messrs.-

.Atkinson, Dodd, Harrell,

Lewis, McMichael, Park,

Rountree, Tisinger, Mr. President,

Ayes 23, nays 11.

The bill having received the requisite constitutional majority, was passed.

The following House bill was read second time:

By Mr. KellyA bill to revise the election laws of Georgia.

332

JouB.NAL OF THE SENATE.

The following Senate bill was read second time and reeommitted to the Railroad Committee:

By Mr. Comas-

A bill to compel railroads in this State to run at least <me train each way daily.

The following Senate b'ill was read second time and reeommitted to the General Judiciary Committee:

By :Mr. Comas-

A bill to regulate the sale of mortgaged property in this State.

The following Senate bills were read first time:

By Mr. Sweat-

A bill to establish dispensaries in Coffee county.

Referred to the Temperance Committee.

The following Senate bills were read second time:

By Mr. Hightower-
A bill to amend the Act incorporating the town of Newton, in Baker county.

By Mr. Clark-
A bill to incorporate the town of Che~ter, m Dooly eounty.

By :Mr. Tisinger-
A bill to incorporate the town of Atwater, in Upson eounty.

THURSDAY, DECEMBER 4, 1902.

333

The following Senate bill was read first time:

By !fr. Sweat-
A bill to !lmend the Act establishing the city court of Douglas.
Referr-ed to Special J udieiary Committee.
The following Senate bills were read third time, to be put upon their passage:

By :Mr. Perry-
A bill to suppress the evil of keeping gambling houses. mentioned in section 398 of the Code.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 24; nays, 0.
The bill having received the requisite constitutional majority was passed as amended.
Amend b.v striking out the words "or detective'' where it occurs in section 1. Amend by striking out the words "or furniture," where it occurs in section 3, and by inserting "or" between the word "device" and "parapheralia," where they occur in section 3.

By Mr. ChristieA bill to establish a system of public schools in Fort
Gaines.
Report of the committee was agreed to. Upon the pasage of the bill the ayes were 26; nays, 0.

.:334

JoURNAL OF THE SENATE

The bill having received the requisite constitutional majority, was passed.

.By Mr. Comas-

A resolution to pay the pension due Josiah Lucas to his -widow.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 24; nays, 0.

The resolution having received the requisite constitu-tional majority was passed.

The following House bills were read thir.l time to be put upon their passage :

T3y l\Iessrs. Deal and :Miller-

A bill to incorporate the city of Statesboro, in Bullock -county.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

-By Mr. Kent-
A bill to amend section 2754 of the Code, which pro-vides for the foreclosure of mortgages.

Re:port of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

THURSDAY, DECEMBER 4, 1902.

335

The bill having received the requisite constitutional majority was passed.

By Mr. Kelly-

.A. bill to .change the time for holding Glascock superior court.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority }Vas passed.

By :Mr. Hardin-
'A bill to authorize the clerks of city courts of this State to appoint deputy clerks.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. WatsonA bill to amend section 982 of the Code by adding the
town of Thomson to the list of State depositories.
Report of the com~ittee was agreed to.
Upo~ the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

336

JOURNAL OF THE SENATE.

By :Mr. West--

A bill to al?end the Act establishing the city court of Valdosta.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Paulk-

A bill to establish and maintain a dispensary in Ocilla, Irwin county.
..
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Phillips-

A bill to amend section 982, by adding the town of Louisville, in Je:fferson county, to the list of State depositories.
Heport of the committee was agreed to.
Upon the rassage of the bill the ayes wer,~ 29, nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, DECEMBER 4, 1902.

337

By :Mr. :McBride-
A bill to prohibit the sale of spirituous liquors in Lee county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By l\Ir. Flynt-

A bill to amend section 2145 of the Code, so as to better fix the venue of suits against ins.urance companies.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were :Messrs.-

Allen, Christie, Clark, Comas, Crumbley, Davis, Duncan. of 36th, Golden, Harrell, Hopkins,

Hudson, Jordan, Lee, Ledford, Mathews, McClure, McLean, Merritt, Middlebrooks, Moore,

Perry, Roberts, Skelton, Snead, Stevens, Sweat, Symons, Taylor, Van Buren, Worsham,

Those not voting were Messrs.-

Atkinson, Clements, Dodd, Duncan of 10th, Hightower,

Lewis, McMichael, Park, Reid,

Ayes 30, nays 0.
22 sj

Rountree, Tisinger, Turner, Mr. President.

338

JouRNAL oF THE SENATE.

The bill having received the reguisite constitutional majority was rassed.

The following Senate bills were read firsr, time:

By Mr. Mathews-
A bill to ~rescribe the venue of ~ctions that may hereafter be brought to recover penalties incurred by railroad companies for violations of the rules of the railroad commisswn.
Referred to the Committee on Railroads.

:By :Mr. Skelton-
A bill to amend section 767, volume 1 of the Code.
Referred to the Committee on Finance.
The following Senate bills were read second time with adverse report from the committee. The report was agreed to and bills were lost:

By Mr. Mathews-
A bill to amend section 2167 of the Code, specifying powers of the railroad commission.

By Mr. Perry-
A bill to authorize street and suburban railroad companies to condemn a right to the commona, and for other purposes.
l\fr. Mathews, chairman of the Committee on Railroads, submittd the following report:

THURSDAY, DECEMBER 4, 1902.

339

Jfr. President:
The Committee on Railroads has had under consideration the following Senate bills, which it instructs me toreport with the recommendation that they do not pass:

A bill to amend section 2167 of the Code, by amending paragraph. 6 of said section, providing for railroad crossings by prescribing and regulating terms thereof.
A bill to authorize street and suburban railway:s, under certain circumstances, to condemn a right to the common use and occupancy of the track and rig!lt of way of othe:r street and suburban railways, and for other purposes.
Respectfully submitted. H. A. lliTHEws,. Chairman.

The following House bills were read second time :

By Mr. Paulk1'1. bill to incorporate the city of Ocilla, in Irwin county.

By Mr. Knight-
A bill to incorporate the city of Tifton, m Berrien {!Ounty.

Dy Mr. GriceA bill to create a new charter for the city of Hawkins-
ville.

By Mr. HutchesonA bill to establish the city court of Buch:man.

:By :Mr. Edwards- A bill to amend the charter of the Buen~. Vista T.oan &
Savings Bank.

340

JOURNAL OF THE SENATE.

By 1Ir. Hayes-
A bill to amend section 982 of the Code, by adding ~Iontezuma to the list of State depositories.

By :Mr. Hutcheson-

A bill to amend the Act approved November. 7, 1889, so as to make the town of Buchanan the city of Buchanan.

By Messrs. Booth and Lawrence-
A bill to incorporate the town of Bethlehem, in Walton connty.

By :Mr. RountreeA bill to amend the charter of the town of Boston.

By Mr. Wooten-
A bill to incorporate the town of Soperton, m Montgomery county.

By :Mr. PhillipsA bill to amend, consolidate and supers~de the several
acts incorporating the town of Louisville.

The following resolution was read second time and recommitted to the Committee on Appropriations.

By Mr. Steed-
A resolution to appropriate $15,000.00 to repair the Capitol building with.

At 12 :30 the Senate went into executive session.

On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

FRIDAY, DECEMBER 5, 1902.

341

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, December 5, 1902.
The Senate met pursuant to adjournment at io o'clock;
was called to order by the President.
Prayer was offered by the Chaplain.
Upon motion? the roll-call wa"> dispensed with.
:Mr. Hopkins gave notice that at the proper time he would move to reconsider the action of the Senate in passing Senate bill No. 68.
The ,Tournai of yesterday was read and approved.
Mr. Hopkins moved tD reconsider the action of the Senate in passing the following bill on yesterday.
By :Mr. Clements-
A bill to authorize the prison commission to release the felony conYicts at the expiration of the present lease.
The motion was lost.
The following message >vas received from the Governor through ~Ir. Erwin, his Secretary :
Mr. Pre-~ident: The Governor has approved the following Acts of the
General Assembly, to wit:
An }l..ct to repeal the Act establishing county courts in all counties except those named, in so far as the same applies to :Marion county.

342

JOURNAL OF THE SENATE.

Also, an Act to amend section 982 of the Code, by adding Baxley, in Appling county, and Douglasville, in Douglas county, to list of State depositories.

Also, a:ri Act to amend an Act to create a board of county commissioners for Hancock county.

Also, an Act to amend section 982 of the Code, by adding I.aFayette, in Walker county.

Also, an Act to make it a misdemeanor for any person to hunt upon the lands of another in Columbia county, without permission in writing.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations has had under consid.-. eration the following Senate bill, which it instructs me to report with the recommendation that the same be read second time and recommitted to Committee.on Corporations:

A bill to amend section 45 of the charter of Americus, approved November 11, 1899, so as to make the police commissioners elective, and for other purposes.
Respectfully ~nbmitted. ' MIDDLEBROOKS, Chairman.

Mr. Sweat, chairman pro tem. of the Special Judiciary Committee, submitted the following report:

Mr. Pre.<:ident:
The Special Judiciary Committee has had under consideration the following Senate bill, which it instructs me t<' report with the recommendation "that the same do pass:

FRIDAY, DECEMBER 5, 102.

343

A bill to amend an Act to establish the city court oi Douglas, in the city of Douglas, and. for other purposes.

Also, the following House bill has been considered, and it recommends that the same do pass as amended:
A bill to create a board of commissioners of roads and revenues for the county of Rockdale, and for other purposes.

The committee recommends that the following House bill do not pass :

A bill to repeal an Act to create a board of commissioners of roads and revenues for the county of Walton, and for other purposes.
Respectfully submitted. F. L. SwEAT, Chairman pro tern.

Mr. Jordan, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on Agriculture has had under consideration the following bill of the House, which it instructs me to report back with the recommendation that the same do pnss:
A bill to regulate the tra:fic in seed cotton in the counties of Elbert, Wilkes and Lincoln.
Respectfully submitted. C. H. JoRDAN, Chairman.
:Mr. Middlebrooks, chairman of Committee on Corporations, submits .the following report:

344

JoURNAL OF THE SENATE.

Mr. Pr-esident:
The Committee on Corporations has had under considel'ation the following House bill, which it instructs ~e to Ieport with the recommendation that the same do pass as amended:

A bill to create a new charter for the city of Hawkinsville, in Pulaski county.
Respectfully E~ubmitted. :MmnLEBROOKs, Chairman.

lfr. Tisinger, chail"'Ilan of the Special Judiciary Committee, submitted the following report:

M1. President: The Special Judiciary Committee have had under con-
sideration the following House bills, which they instmct me to report with the recommendation that they do pass:
A hill to repeal an ~\ct to create a board of commissioners of roads, public lmilflings, etc., for the county of lionroe, and for other purposes, approved August 27, 1872, and all Acts amendatory thereof.
A hill to change and fix the time of holding Telfair superi,Jr court, and for other purposes.
A hi1l to anwnd an ..:\ct creating a board of county com-
missi0ncrs for Berrien county, and for other purposes.
Also~ the following Senate bill, which it recommends do pa;;s:
A bill to repeal the Act e;:tablil"hing the city court o :\fount Vernon.

FRIDAy' DECEMBER 5, 1902.

345

The committee recommends that the following Senate bill do pass as amended :

A bill to amend an Act establishing a dispensary in the city of LaGrange, and for other purposes.

Also, that the following House bill do pass as amended:
A bill to amend an Act approved December 8, 1889, providing for the employment of inspectors of roads and bridges for all counties of more than 75,000 people, and for other purposes.
Respectfully submitted. B. L. TisiNGER, Chairman.
~Ir. Davis, chairman of the Committee on Finance, submitted the following report:

ftfr. President:
The Committee on :Finance has had under consideration the following House bill, "hich it instmcts me to report with the recommendation that the same do pass:

A bill to alter and amend the charter of the Southern :Mutual Insurance Company, and for other purposes.
Respectfully submitted. \Yi\r. H. DAvrs, Chairman.

)Ir. J>uncan, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined the follow ing bills, which are found correctly engrossed and ready for transmission to the House:

346

JOURNAL OF THE SENATE.

A bill to suppress the evil of keeping gaming houses mentioned in section 398 of the 3d volume of the Code of Georgut.
A bill to authorize and require the prison commission to hire the labor of felony convicts, after expiration of present contract, for a, period of five years.

A bill to amend section 2017, volume 2 of the Code of 1895, so far as said section relates to issuing and granting corporate powers and privileges to insurance companies.

A bill to establish a system of public schools for the city of Fort Gaines, and for other purposes.

Also, the following resolution is correctly engrossed and ready for transmission to the House :

A resolution to pay pension of Josiah Lucas, of Appling

county, Georgia, to Lecia Lucas, his widow.

Respectfully submitted.



A. B. DuNCAN, Chairman.

The following House bill was read second time and recommitted to.the Committee on Appropriations:

By :Mr. DavisA bill to appropriate money for the support of the State-
government for the year 1903.
The following Senate resolution was read first time :

13y Mr. Park-
A resolution to enquire into the present city and county udoptions of text-books in this State.
Referred to the Committee on Education.

FRIDAY, DECEMBER 5, 1902.

341

The following special order was taken up, which is a bill:

By Mr. Kelly-

A bill to revise the election laws of 'the State.

Mr. Comas moved to table the bill, and on this call theayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Clark, Comas, Crumbley, Duncan of lOth, Duncan of 36th, Harrell,

Lee. Ledford, Mathews, McClure, Moore, Park,

Reid, Roberts, Stevens, Taylor, Van Buren, '\\'orsham,

Those voting in the negative were Messrs.-

Atkinson, Christie, Davis, Hopkins, Hudson,

Jordan, McLean, Mclfichael, Merritt, Perry,

Skelton, Snead,
~w?at,
Symons, Tisinger,

Those not voting were Messrs.-

Cleme~ts.
Dodd, Golden,

Hightower, Lewis, Middlebrooks,

Rountree, Turner, l\1r. President,

Ayes 19; nays 15.
The motion was carried and the bill was tabled.
This bill was made the special order immediately after the reading of the Journal on t'I!e second day of next sesswn.

JOUR!!OAJ. OF THE SEXATE.
The following Senate bills were read second time:
By Mr. Park-
A bill to amend the Act establishing a dispensary in the eity of LaGrange.
By :Mr. Hudson-
A bill to amend section 45 of the charter of Americus, so as to elect the police commissioners by the people.
By )fr. Clements-
A bill to repeal the Act establishing the city court of :Mount Vernon.
By l\fr. Sweat-
A bill to amend the Act establishing the city court of Douglas.
lJfr. President:
The Committee on Acatlemy for the Blind desire to submit the following report:
On the 24th inst., we Yisitecl the institution and made as eomplete an investigation of its affairs as we thought wab necessary. \Ve were pleased to note the good condition of the buildings and the admirable manner in which all of the details of the work of the ~\.cademy are managed. The instruction gi,en the pupils is systematic and thorough, and ean not fail to make of these poor afflicted children honorable and useful citizens.
X othing which we could say in regard to the sanitary concl~tions which exist, could be more expressive than the statt>ment that there are 108 pupils in the _hYo schools (77

FRIDAY, D~CEM.BER 5, 1902.

349

white and 31 colored), and yet there was not a single ca:te

of sickness of any kind amongst them.



1Ne examined and verified the report of the treasurer of

the board of trustees and find that the expenditures for

maintenance for. the year ending September 30, 1902, were

$18,485.04. The appropriation being $18,000.00, there

would have been a deficit of $485.04, but $166.91 was re-

ceived from other sources (sales of brooms, etc.), and the

remainder $318.13 was paid from the unexpended balance

of $1,943.34 on hand October 1, 1901.

The economical management of the institution has re-

sulted in a small saving from former appropriations, but

the increase in number of inmates and enhanced value of

supplies during recent years has encroached upon this sur-

puis, and October first of this year shows only the amount

of $1,625.21 remaining on hand.

I the increased demands upon the trustees should .con-

tinue in the future, this will soon be wiped out and a larger

appropritttion will be required to maintain the institution.

We are in hopes that this will not be neePit'1llrv but are

confident that nothing will be asked for which the exigen-

cies of the case do not imperatively demand.

Of the extra appropriation of $2,000.00, made at last

session of the Legislature for improvements and repairs,

there remains an unexpended balance of $637.15, wi1ich

will be used as needed.

The "Pupil's Fund," which originated from personal

contributions, amounting to $680.10, made by members of

the General Assembly in 1854, was so judiciously invested

and careful!.y fostered that it now amounts to $7,602.13.

Inquiring of the trustees as to the final disposition of this

fund, we were informed that it was their purpose to hold

it intact until it reached $10,000.00; then invest this

amonnt and use the interest only iri aiding worthy gradu-

:350

JOURNAL OF THE ::)ENATE.

:ates of the institution in such ways as would be deemed best to enabl~ them to utilize the knowledge they had gained

and make them self-supporting citizens.

.

In conclusion we would say that it was a great pleasure

to your committee to visit this, one of the best managed o

the State's noble charities.

W. A. WoRsHAM, Chairman.

The following Senate bills were read third time to be put -upon their passage:

By :Mr. Hightower-

A bill to amend the Act to incorporate the town of New.ton, in Baker county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The billlu,tving received the requisite constitutional majority was passed.

By :Mr. Tisinger-
A bill to incorporate the town of Atwater, in Upson .county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed as amended: Amend caption by adding -after the word "of," at the end of third line, and before the word "councilmen," at the beginning of fourth line, words "mayor and."

FRIDAY, DECEMBER 5, 1902.

351

.By Mr. Clark-

A bill to incorporate the town of Chester, in Dodge county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the re~uisite constitutional majority was passed.

On motion, all local bills from the House passed by the Senate to-day will be immediately transmitted to the House.

The following House bills were read third time and put upon their passage:

J3y Mr. Knight-

A bill to incorporate the city of Tifton, m Berrien county.
Report of the committee was agreed to.

Upon the passage o the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Hutcheson-

A bill to establish the city court of Buchanan, in the city o Buchanan.

Report o the committee was agreed to.

Upon the passage o the bill the ayes were 27, nays 0.

352

JouRNAL OF TilE SENATE.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are: Amend section 4 by inserting after the word "years," in the seventh line thereof, the words "beginning on the first day of January, 1903." Amend section 2 by inserJng after the word "years," in eighth line thereof, the words "beginning January 1, 1903." Amend by striking section 413. !Iake the last section No. 46.

By Mr. Paulk-

A bill to incorporate the city of Ocilla, in Irwin county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Hutcheson-

A bill to amend the Act approved November 7, 1889, so a:; to make the town of Buchanan the city of Buchanan.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Booth and Lawrence-

A bill to incorporate the town of Bethlehem, in Walton county.

Report of the committee was agreed to.

FRIDAY, DEOEMBEit 51 1902.

353

Upon the passage o the bill the ayes were 29, nays 0.

The Lill having received the requisite constitutional ma-:jority was passed.

By Mr. Ro~ntree-

A bill to amend the charter o the town o Boston.

Report o the committee was agreed to.

Upon the passage o the bill the ayes were 29, nays 0.

The bill having received the re9.uisite constitutional majority was passed.

By :Mr. Knight-

A bill to amend the Act creating the board o county commissioners o Berrien county.

Heport o the committee was agreed to.

Upon the passage o the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Wooten-
A bill to incorporate the town o Soperton, in Montgomery county.

Report o the committee was agreed to.

Upon the passage o the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.
23 sj

354

JOURNAL OF THE SENATE.

By Mr. Phillips-
A bill to consolidate and supersede the several Acts incorporating the town of Louisville, in ,Je:fferson county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes wera 28, nays 0. The bill' having received the re_g,uisite constitutional majority was passed.

By Mr. Shackelford-
A bill to alter and amend the Act incorporating the Southern Mutual Insurance Company.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional ma-

jority was pass~d.



By Mr. Hayes-
A bill to amend section 982 of the Code, by adding the town of Montezuma to the list of State depositories.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill having_ received the requisite constitutional majority was passed.

By Mr. EdwardsA bill to amend the charter of the Buena Vista Loan &
Savings Bank.
Report of the committee was agreed to.

FRIDAY, DECEMBER 5, 1902.

355

T!pon the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.

By !fr. Grice-
A bill to ereate a new charter for the city of Hawkinsville.

Report of the committee was agreed to.

l.Jpon the passage of the bill the ayes were 27., nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follows : Amend section '73 by striking from the end of said section the following: "Provided, however, that no franchise, right o way easement, shall be granted for more than twenty-one years at a time." Amend section 15 by striking tom the end o said section "the councilmen may, in their discretion, consolidate the office o clerk and treasurer." Amend section 17 by striking from the end of said section the words "said fees to be paid into the city treasury." Amend section 23 by striking the word "monthly," in the second line, and insert the words "for such time as they deem proper." Amend section 25 by striking from fifth line the word "mayor," and inserting the word "clerk." Amend section 50 by add~ng at the end of said section "said money so received to be paid by the <lity clerk to the treasurer o the board o trustees o the public schools." Amend section 58 by striking all o said section after the word "result," in line seventeen, and in.serting "i any person desires to contest the result o any -election held in said ci~y, the general election laws o the

356

JOURNAL OF THE 8EKATE.

State governing municipal contests shall govern said contests.

The following Senate bill was read second time and recommitteJ to the Committee on Temperance:

By Mr. Sweat-

A bill to establish dispensaries in Coffee county.

The following Senate bills were read first time:

By Mr. Skelton--
A hill to amend section 780, volume 1 of the Code, relative to taxing franchises.

' Referred to the Committee on Finance.

By Mr. Sweat-

A bill to amend an Act approved December 21, 1889, providing for the holding of the several citycourts in this State by the Yarious city court judges.

Heferred to the Special Judiciary Committee.

The following Honse bills were read second time :

By :M:r. AlmonJ-

A bill to create a board of commissioners of roads and reYeimes for the county of Rockdale.

By :Mr. Flynt-

A hill to amend the Act providing for the inspection of roads and bridges for all counties in this State with more than 75,000 population.

SATURDAY, DECEMB.ER 6, 1902.

357

By :Messrs. Hawes and others-
A. bill to regulate the tra:fic in seed cotton in the counties
of Elbert, Wilkes and Lincoln.

By Mr. Cook-

A bill to change and :fix the tirr,e of holding the superior courts in Telfair county.

By :Messrs. Walker and Shannon-

A bill to repeal an Act creating a board of commissioners of roads and public buildings for Monroe county.
This bill was recommitted to the Special Judiciary Committee.

Leave of absence was granted Senator Hightower until Monday.

On motion, the Senate adjourned until to-morrow morning at 1.2 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
. Saturday, December 6, 1902. The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President pro tern. Prayer was offered by Senator Atkinson. Upon motion, the roll-call was dispensed with. The ,Journal of yesterday was read and approved.

358

JOURNAL OF THE SENATE.

Mr. Dodd, chairman of Committee on Immigration and Labor, submits the following report:

Mr. President:

The Committee on Immigration and Labor has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do not pass:

A bill to amend section 2615 of the Civil Code, which

limits and regulates the hours of labor required of persons

employed in all cotton or woolen manufacturing establish-

ments in this State.

Respectfully submitted.

W. P. Donn, Chairman.

:Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations has had under consideration the following Senate bill, which it instructs me to report with the recommendation that the same do pass:

A bill to amend section 45 of the charter of Americus, approved November 11, 1899, so as to make the police commissioners elective, and for other purpose.
Respectfully submitted. MIDDLEBROOKS, Chairman.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional ma-

jority the following bills of the House, to wit:

'

SATURDAY, DECEMBER 6, 1902.

359

A bill to establish the city court of Sylvania, in the county of Screven.

Also, a bill to regulate the practice and procedure of justice courts in cities of seventy-five thousand inhabitants, or more.

Also, a bill to incorporate the Meansville school district, in Pike county.

Also, a bill to amend the Act establishing a system of pnblic schods in the town of Ashburn, worth county.

Also, a bill to repeal an Act to create an advisory board of commissioners for the counties of Laurens and Glascock.

Also, a bill to incorporate the town of Sylvania as the city of Sylvania.

Also, a bill to authorize the mayor and council of Washington, Georgia, to sell certain real estate belonging to said city.

Also, a bill to authorize the mayor and council of the town of Tybee, Georgia, to close certain streets and lanes and convey c;ame to the United States.

Also, a bill providing for State depository in the town of Hogansville, in the county of Troup.
Also, a bill to repeal the Act establishing a city court in
Clarkesville, Habersham c.ounty.

Also, a bill to reduce the salary of judge of the city court of :Elberton to twelve hundred dollars per annum.

Also, a bill to amend an Act incorporating the Fairburn Banking Company, relating to directors therein.

360

JoURNAL OF TilE SENATE.

Also, a bill to prohibit the building or use of unlawful :fences in the county of Camden.
Also, a bill to amend an Act ~reating the county court of Berrien county, Georgia.

Also, a bill to establish a system of public schools for Sylvania school district, in Screven county.

Also, a bill to codify the various Acts incorporating the city of Forsyth, in the county of :Monroe.

Also, a bill to incornorilt.P. the town of Canon, in the counties of Hart and Franklin.

Also, a bill to incorporate the town of Morganton, in the county of Fannin~

Upon motion of Mr. Park Senate bill No. 67 was recommitted to the Committee on Immigration and Labor.

The following House bills were read the first time :

By :Messri1. Hawks and Martin-
A bill to reduce the salary of the judge of the city court of Elberton from $1,500.00 to $1,200.00 after January 1, 1905, and for other purposes.

Referred to the Special Judiciary Committee.

By Messrs. Slaton, Houston and Blackburn-
A bill to regulate the practice and procedure of justice courts in cities of seventy-five thousand, or more, inhabitants, and for other purposes.

Referred to the Special Judiciary Committee.

SATURDAY, DECEMBER 6, 1902.

361

"By :Mr. Sanders-
A bill to amend section 982 of the Code of 1895, pro'iding for a State depository in the town of Hogansville, Troup county.

Referred to the Committee on Banks.
By Mr. Kelly-
A hill to repeal the Act creating an advisory board of <!ommissioners for the counties of Laurens and Glascock, :and for other purposes.

Referred to the Special Judiciary Committee.

By Mr. Alford-
A bill to amend the Act approved December 17, 1901, -establishing a system of public schools in the town of Ashburn, worth county, Georgia, and for other purposes.
Referred to the Committee on Education.

Tiy :Mr. Owen-
A bill to ineorporat~ the :Meansville school dstrict, in T'ike county, Georgia; to define the boundaries of same; to -provide re\'enue for said schools, and for other purposes.
H.eferred to the Committee on Education.

By Mr. Caun-
A bill to authorize the mayor and councilmen: of the t(wn of Tybee to close Fourth avenue, north of the right o0J way of the Central of Georgia Railway Company, and

362

JOURNAL OF THE SENATE.

the land immediately east of said street, and to convey ro th<: United States said street and lane so closed.

Referred to the Committee on Corporations.

By :Messrs. Grenade and Alexander-

A bill to authorize the mayor and council of Washing-

tun, Georgia, to sell certain real estate ~longing to said

city.

.

Referred to the Committee on Corporations.

By Mr. Overstreet-

A bill to reincorporate the town of Sylvania as the city of Sylvania; to confer additional powers upon said corporation, and to codify, amend and supersede all previous acts incorporating the town of Sylvania; to grant a new charter to said town under the name of the city of Sylvania,. and for other purposes.

Referred to the Committee on Corporations.

By Mr. Peyton-

A bill to repeal an Act entitled "and Act to establish a city court of Clarksville, in Habersham county," etc., and for other purposes.

Referred to the Special Judiciary Committee.

By Mr. Overstreet-

A bill to establish the city court of Sylvania, in and for the county of Screven, and for other purposes.

Referred to the Special Judiciary Committee.



SATURDAY, DECEMBER 6, 1902.

363

By Mr. Proctor-

A bill to prohibit the building or use of unlawful fences in the county of Camden.

Referred to the Special Judiciary Committee.

By Mr. Hall-

A bill to amend an Act incorporating the Fairburn Banking Company, and for other purposes connected therewith, approved September 14, 1891, so as to provide that a person may be eligible to be a director of said company who owns :five or more shares of its stock, instead "Of ten or more shares as now required by the said Act.

Referred to the Committee on Banks.

By Messrs. Shannon and Walker-

A bill to codify the various Acts incorporating the city of Forsyt_h, in the county of Monroe, and for other purposes.

Referred to the Committee on Corporations.

By Mr. Davis-
A bill to incorporate the town of Morganton, m the county of Fannin, and for other purposes.

Referred to the Committee on Education. By Mr. Knight-
A. bill to amend the Act creating the county court of Berrien county, and for other purposes.

Referred to the Special Judiciary Committee.



364

JOURNAL OF THE SENATE.

By Mr. Bnrton-
A bill to incorporate the town of Canon, in the counties ()f Hart and Franklin, and for other purposes.

Referred to the Committee on Corporations.

[Tpon motion of l\Ir. Park, House bill No. 92, referred to the Committee on Banks, was recommitted to the Special .Judiciary Committee.
The following Senate bills were read third time to be put upon their passage:

By Mr. Clements--
A bill to be an Act to repeal an Act to established the -city court of Mount Vernon, in Montgomery county, and for other purposes.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28 ; nays, 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Hudson-
A bill to amend section 45 of the charter of the city of .Americus, approved November 11, 1899,' so as to make the police commissioner!~ of Americus elective by the people, and for other purposes.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 27 ; nays, 0.

SATURDAY, DECEMBER 6, ]{)02.

365

The bill having received the requisite constitutional majority was passed.

By Mr. Park-

A bill to amend an Act to establish a dispensary in the city of LaGrange for the sale of spirituous liquors, and for other purposes.

Report of the committee was agreed to.

B'"pon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority, was passed as amended.

Amendment.-The committee amends section 1 of the bill by inserting after the words "said section" in the fonrth line of said section the words "be repealed."

By Mr. Sweat-

A bill to amend an Act to establish the city court of Dm1glas, in the city of Douglas and for other purposes, approved December 9, 1897.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

lfr. Duncan, chairman of the Temperance Committee, submitted the following report:

Mr. President: The Temperance Committee has had under considera-

366

JOURNAL OF THE SENATE,

tion the following bill of the Senate, which it instn1ets me to report back with the recommendation that the same do fass:
A bill to establiHh dispensaries in Co-ffee county for the sale of spirituous liquors.
Respectfully submitted. DuNCAN (36th), Chairman.

Mr. Perry, chairman of the Committee on General ."Judiciary, submits the following report:

Mr. President:
The Committee on General Judiciary has had under con~ideration the following bill of the Senate, which it in'l'tructs me to report back with the recommendation that it do pass by substitute:
A bill to regulate the sale of mortgaged property.

Al8o, that the following bill of the House do pass as
~J;!ended:

A bill to establish the city court of Jefferson, to provide ior the appointment of a judge and solicitor, and other -officers thereof, and for other purposes.
Respectfully submitted. H. H. PERRY, Chairman.

The following Senate bill was read third time. and upon motion was tabled:

B;> Mr. Sweat-
A bill to establish dispensaries for Coffee county for the !":>le of spirituous, vinous and malt liquors and create a l:oard of managers for the same, and for other purposes.

SATURDAY, DECEMBER 6, 1902.

367

The following House bill was read the first time:

:By Mr. Overstreet-

A bill to establish a system of public schools for Syl-

vania school district, in Screven county, and for other pur-

poses.

I

Referred to Committee on Education.

Mr. Duncan, chairman of the Committee on Engrossing, :Submitted the following report:

Mr. Pres,ident:
The Committee on Engrossing has examined the following bills which it finds correctly engrossed and ready for transmission to the House:
A bill to incorporate the town of Atwater, in Upson -county.
A bill to amend the charter of the town of Newton, in Baker county, and for other purposes.

A bill to incorporate ihe town of Chester, in Dodge -county.
Respectfully submitted, A. B. DuNCAN, Chairman.
The following House bills were read third time, to be put upon their passage:

By Mr. CookA bill to change and fix the time of holding the Superior

368

JouRNAL oF THE SENATE.

Court of Telfair county, in the Oconee judicial circuit,. and for other purposes.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill hav\g received the requisite constitutional majority, was passed.

By Messrs. Hardeman and Holder of Jackson-
A bill to establish the city court of Jefferson, in the city of Je:fferson, Jackson county, Georgia; to define its jurisdiction and powers, and for other purposes.

The report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed as amended.

Amendments.-Committee amends section 4, by inserting after the word "age" in the fourth line the words "'and shall have practiced law for the term of four years."
Section 2, by striking out "January 1, 1907," in the seventh and eigth lines and inserting in lieu thereof "December 5, 1905," and by striking out "January 1, 1906''" in the ninth line and inserting in lieu thereof January 1,. 1905."
Section 7, by striking out the words "shall hold his office for and during the term of four years after he is appointed, that he," in third, fourth and fifth lines.
Section 8, by striking out "January 1, 1907," in last line, and substituting therefor the words "December 5,. 1905."

.

SATURDAY, DECEMBER 6; 1902.

369

The following House bills were read third time, and upon motion were tabled:

By Mr. Flynt-

A bill to amend an Act approved December 8, 1889, providing for the employment of inspectors of roads and bridges for all counties of more than 75,000 people, for defining their duties and for other purposes connect.ed therewith by striking out "75,000 people," and inserting in lieu thereof "15,000 people," and for other purposes.

By Messrs. Hawes, Martin, Boykin, Alexander and Granade--
A bill to regulate the trafic in seed cotton in the counties of Elbert, Wilkes and Lincoln; provide a penalty for vioh:tion of same, and for other purposes.

The following Senate resolution was read second time, and recommitted:

By Mr. Park-
A resolution to inquire into the present city and county adoption of text-books in the State of Georgia; to investigate the operations of the law in States that have enacted a unifonnity measure, the cost of putting a unifonnity l&w in Georgia; to extend the present contracts until January 1, 1905, and for other purposes.

The hour for adjournment having arrived, the Senate was adjourned until 10 o'clock Monday morning.
2hj

370

JoURNAL OF 'f:j:IE 6.1!;~A'J'~

.'

\'

i . f ~

..

'

f ' ...

SENATE CHAMBER, ATL~NTA, GEORGIA,
Monday :Morning, December 8, 1902.

The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.

Prayer was offered by Senator Perry.

Upon the call of the roll the following members answered

to their names:

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan. of 3Gth, Golden, Harrell, Hopkins,

Hudson. Jordan, Lee. Ledford, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, 1\loore, Park, Perry,

Reid, Roberts, Skelton, Sl!ead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Wcrsham, Mr. President.

ThosB absent were Messrs.-

Hightower,

Lewis.

Rountree,

The Journal of Saturday was read and approved.

The following House bill was read second time and recommitted to the Finance Committee:

By Mr. ReidA bill to levy a tax on all franchises in this State.

The following House bill was read third time and put upon its passage:

]3y Mr. Almond-
A bill to create a board of commissioners of roads and revenues in Rockdale county.
Report vf the committee was agreed to.
Upon the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed as amended: Amend by making a nm~ section. Be it further enacted by the authority of the same, That this Act shall not go into effect until the same is ratified by the qualified voters of Rockdale county, and it shall be the duty of the ordinary to order an election for said purpose within sixty days after the passage of this Act, and submit the question of "for commissioners," or "against commissioners" to the qualified voters of said county, and each voter shall have plainly written or printed on his ballot "for commissioners," or "against commissioners." Said election shall be held at the usual place <>f holding elections in said county, and conducted under the same rules and regulatio~s governing elections for members of the General Assembly. One of the mai;~.agera at each precinct shall carry the returns to the court-house and return same to the ordinary by 12 o'clock on theday .afte~ the election, and the ordinary shall .consolidate the
~ote and declare the result. If a majority of said voter~
shall be "for commissioners," then this Act shall go l.nto effect, but i a majority shall be "against commissioners," then this Act shall be void.

By Messrs. Hawes, Boykin and others-

A bill to regulate the sale of seed cotton in the counties

<>f Elbert, Wilkes and Lincoln.



Report Qf the connnittee was ag~eed to.

372

JouaNAI~ -oF THE SENATE.

Upon the passage of the bill the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Comas, Crumbley, Davis, Duncan of lOth, DuncaD. of 36th, Golden,

Harrell, Hopkins, Hudson, Jordan, Lee, Ledford, McClure, McLean,

McMichael, Middlebrooks, Park, Skelton, Snead, Sweat, 'l'aylor, Tlsinger,

Those voting in the negative were Messrs.-

Allen, Merritt,

Moore, Perry,

8ten~ns,
Symons,

Those not voting were Messrs.-

Clements, Dodd, Hightower, Lewis,

Mathews, Reid, Roberts, Rountree,

Turner, Van Buren, Worsham, Mr. PresideD.t.

Ayes 25, nays 6.

The bill having received the requisite constitutional ma jority was passed.

Mr. Christie, chairman of the Committee on Banks, submitted the following report:

Mr. President:
The Committee on Banks has had under consideration the following bill of tho House, which it instructs me to report back with the recommendation that it do pass:

MoNDAY, DECEMBER 8, ,1902.

373

A bill to amend an Act to incorporate the Fairburn "Banking Company, and for other purposes connected therewith.
Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Ledford, chairman of the Committee on Education, submitted the following report:

Jfr. P1esident:
The Committee on Education has had under consideration the following House bill, which it instructs me to report with the recommendation that the same do pass:

A bill to incorporate the town of Morganton, in .the

eonnty of Fannin, and for other purposes.



Respectfully submitted.

M. L. LEDFORD, Chairman.

Mr. Middlebrooks, chairman of the Coinmittee on Corporations, submitted the following report:

Mr. President: The Committee on Corporations has had under consid-
eration the following. House bills, which it instructs me to report with the recommendation that they do pass:
A bill to codify the various Acts incorporating the city of Forsyth, in the county of Monroe.

A bill to incorporate the town of Canon, in the counties of Hart and Franklin.
A bill to reincorporate the town of Sylvania as the city of Sylvania, and for other purposes.

374 ' l

.lou&iuL oF THE SENATE.

A bill to authorize the mayor and council of Washington, Georgia; to sell certain real estate belonging to said city.

A bill to' empower the mayor and council of the town of Tybee to close certain land and convey certain land to the United States.
Respectfully submitted. MIDDLEBROOKS, Chairman.

Senate bill No. 102 was tabled.

The following resolution was read and adopted:

By Mr. Park-

A resolution extending the sympathy of the Senate to Mrs. George P. Erwin on the death of her husband.

The following messuge was received from the Hou~e through Mr. Boifeuillet, the Clerk thereof:

Mr. PrcsidP.nt:
The House has concurred in the Senate amendment to the following House bill, to wit:

A bill to establish the city court of Fayetteville, in Fayette county.

The House has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to amend the several Acts incorporating the town of Warsaw, and for other purposes.

Also, a bill to a~end an Act creating a board of COJ:\1-

missioners of roads and revenues in Hart c~unty.

'

Mo1m.A.v; D~c:EM:BHR s; H)02.

375

Also; a bill to amend an Act to establish a system of
schools for the towil of Doernri, in Colquitt county.

Also, a bill to create a board of fire commissioners for the city of Augusta, Georgia.
Also, a bill to amend the charter of the town of Oakland City.

Also, a bill to amend an Act to create and incorporate the city of Blakely, in the county of Early.
Also, a bill to amend the charter of the city of Dalton, in the comity of Whitfield.

Also, a bill providing for improvement of certain grounds around the Georgia Normal and Industrial College at :Milledgeville.
Also, a bill to repeal an Act chartering the town of Camilla, in the county of Mitchell.
Also, a bill to establish the city court of Brunswick, in and for the county of Glynn.
Also, a bill to amend an Act providing a new charter for the town of East Point, in the county of Fultob.
Also, a bill to amend an Act to incorporate the town of Hazlehurst, in the counties of Appling and Coffee.
Also, providing for the increase, for the year ending April, 1903, of salary of the mayor of :Madison, Georgia.

Also, a bill to cede to the United States jurisdiction over certain land in the city of Savannah.

376

JOURNAL OP THE SENAT&

Also, a bill to add the city of Winder, in Jackson, Walton and Gwinnett counties, to the list of State depositories.

.Also, a bill to amend an Act to incorporate the town o Deepstep, in the county of Washington.

Also, a bill to amend an Act to establish the city court o Moultrie.

Also, a bill to amend an Act to incorporate the town of Trip, in the county of Gwinnett, and change name to Grayson.

Also, a bill to amend an Act incorporating the town o Harrison, in the county o Washington.

Also, a bill to amend an Act creating a board o county commissioners o Jackson county.

Also, a bill to amend the charter of Austell, m Cobb county.

Also, a bill to amend an Act to incorporate the city o Cordele, in Dooly county.

Also, a bill to amend an Act creating the city court o Sandersville, in Washington county.

Also, a bill to levy and collect a tax for the support o the State government and public institutions, and for other purposes.

The House has passed by the requisite constitutional majority the following Senate bill, to wit:
A bill to cede to the United States jurisdiction over certain lands in Catoosa and walker counties.

MoNDAY, DECEMBER 8,. 1902.

377

The House has concurred in the following Fesolution of the Senate.

A resolution for appointment of Senators and Repre-sentatives to visit the College of Agriculture and Mechanical Arts at Athens.

M.r. Duncan, chairman of the Committee on Engrossing, :Submitted the following report:
.Mr. Pre.~ident:
The Committee on Engrossing has examined the following bills, which it finds correctly engrossed and ready for transmission to the House:

A bill to amend the Act to establish a dispensary in thf\ -city of LaGrange for the sale of spirituous liquors.

A bill to repeal the Act establishing the city court of 1\{ount Vernon, in the county of Montgomery.

A bill to amend section 45 of the charter of Americus, :approved November 11, 1899, so as to make the police commissioners of Americus elective by the people, and for other purposes.
A bill to amend the Act establishing the city court o Douglas, in the city o Douglas, approved December 9, 1.897.
Respectfully submitted. A. B. DuNCAN, Chairman.
The following House bill;; were read first time:

By Mr. Fields-
A bill to amend the Act incorporating the town of Cordele, in Dooly county.
Referred to the Committee on Corporations.
By Messrs. Morris and McLainA bill to amend the charter of AustelL Referred to the Committee on Corporations.
By Mr. Blackburn---'A bill to amend the Act providing for a new charter for
the town of East Point. Referred to the Committee on Education.
By Mr. MulherinA bill to create a board of fire commissioners for the-
city of Augusta. Referred to the Special Judiciary Committee.
By Mr. PateA bill to amend the Act incorporating the town of Trip,.
in Gwinnett county. Referred to the Committee on Corporations.
By Mr. StovallA bill to cede to the United States certain lands in the-
city of Savannah. Referred to the Special Judiciary Com~ittee.

MoNDAY; DECEMBER 8, 1902.

37~

By Mr. EvansA bill to amend the Act incorporating the town of Deep-
step, in Washington county.
Referred to the Committee on Corporations.

By Mr. NewtonA bill to amend the Act incorporating Moultrie.

Referred to the Committee on Corporations.

By Mr. ButtsA bill to establish the city court of Brunswick.

Referred to the Special Judiciary Committee.

By :Mr. Cann-
A bill tl~ amend a11d consolidate the several .Acts incorporating the town of Warsaw.
Referred to the Committee on Corporations.

By :Mr. Evans-
A bill to amend the Act incorporating the town of Harrison, in "\Vashington county.
Referred to the Committee on Corporations.

By Mr. Buchannon-
A bill to amend the Act incorporating the town of Blakeley.
Referred t~ the Committee on Corpo~atioils:

380

JOURNAL OF THE SENATE.

By }[r. Cromartie-
.A bill to amend the Act incorporating the town of Hazlehurst, in Appling co1inty.

Referred to the Committee on Corporations.

By Mr. George-
A resolution to increase the salary of the mayor of Madison.

Referred to the Committee on Corporations.

By Mr. Howard-
A resolution to provide for the improvements of the grounds around the Georgia Normal School at Milledgeville.

Referred to the Committee on Education.

By Mr. Newton-
A bill to amend the Act establishing a system of public schools in Doerun, in Colquitt county.

Referred to the Committee on Education.

By Mes::;rs. Hardeman and Holder-

A bill to amend the Act creating a board of county commissioners for Jackson county.
Referred to the Special Judiciary Committee.

By :Mr. McCurryA bill to. amend the Act creating the board of county
commissioners for Hart county.
Referred to ~he Special Judiciary Committee.

MoNDAY, DECEMBER 8, 1902.

381

By Messrs. Hardeman and HolderA bill to add the city of Winder to the list of State de-
positories.
Referred io the Committee on Banks.
By }fr. EvansA bill to amend the Act creating the city conn ot San~
dersville.

Referred to the Special Judiciary Committee.

By :Mr. }faplesA bill to amend the charter of the town of Camilla, in
Mitchell county.
Referred to the Committee on Temperance.

By Mr. Glenn-
A bill to amend the charter of the city of Dalton, in Whitfield county.

R.eferred to the Committee on Corporations.

By Messrs. Slaton, Houston and BlackburnA bill to amend the charter of the town of Oakland, in
Fulton county. -
Referred to the Committee on Corporations.
The following House bills were read second time and recommitted to the Special Judiciary Committee:

By Messrs. Hawes and Martin-
A bill to reduce the salary of the judge of the city court o Elberton.

-382

JOURNAL OF THE SENATE.

By Mr. Kelly-
A bill to repeal an Act creating an advisory board of commissioners for the counties of Laurens and Glascock.
By Mr. ProctorA bill to prohibit the use or building of unlawful fences
in Camden county.

By Mr. Overstreet-
A bill to establish the city court of Sylvania, in Screven -.county.
By Messrs. Slaton, Houston and Blackburn-
A bill to regulate the practice and procedure in justice courts of cities of 75,000 inhabitants.

By Mr. Peyton-
A bill to repeal the Act establishing the city court of Clarksville.

By Mr. Knight-
A bill to amend the Act creating the county court 9
Berrien county.

By Messrs. Booth and Lawrence-
A bill to repeal the Act creating the board of county -commissioners for Walton county.

The following House bills were read second time :
By Mr. HallA bill to amend the Act incorporating the Fairburn.
Banking Company.

~()~~~x, D~~E~BER S, 1~2.
By :Mr. Daves-
A bill to incorporate the town of Morgantop., in Fannin eounty.
By Mr. BurtonA bill to incorporate the town of Canon.
By Mr. CannA bill to authorize the mayor and council of Tybee to
dose Fourth avenue.
By Mr. OverstreetA bill to reincorporate the town of Sylvania, in Screven
<lOUnty.
By Messrs. Alexander and Grenade-A bill to authorize the mayor and council of Washing-
ton, Georgia, to sell certain real estate.
By Messrs. Shannon and Walker/1. bill to codify the various Acts incorporating the city
Qf Forsyth.
The following Senate bill was read second time and recommitted to the General Judiciary Committee:
By Mr. ComasA bill to amend section 752 of the Code. The following bills were taken from the table and put
upon their passage:

384

JOURNAL OF THE SENATE.

By :Mr. C!)masA bill to regulate the sale of mortgaged property under
power of sale. Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 1.
The bill having reecived the requisite constitutional majority was passed by substitute.

By ].{r. Sweat-
A bill to establish dispensaries for Coffee county for the sale of spirituous liquors.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Comas, Crumbley, Duncan of lOth, Duncan of 36th, Golden,

Harrell, Hopkins, Hudson, Jordan, Lee, Mathews, McClure, McLean,

McMichael, Merritt, Middlebrooks, Moore, Park, Snead. Stevens, Sweat,

Those voting in the negative were Messrs.-

Davis,

Perry,

Those not voting were Messrs.-

Clark, Clements, Dodd, Hightower, Ledford, Lewis.

Reid, Roberts, Rountree, Skelton, Symons, Taylor,

Tisinger, Turner, Van Buren, Worsham, Mr. President.

MONDAY, DECEMBER 8, 1902.

385

The bill having received the requisite constitutional majority was passed.

The following Senate bill was taken up with House amendments, which amendments were concurred in:

By Mr. Lee-

A bill to cede to the United States certain lands in Walker and Catoosa counties.

Amendments are as follows: Amend caption by inserting in the third line, after the word "Walker" and before the word "and," the word "Dade;" and by inserting in the thirteenth line, after the word "Gap" and before the word "and," "and across Lookout Mountain to the town of Rising Fawn, in Dade county, and along Lookout valley to the line of the State of Tennessee, near Wauhatchie.n Amend section 1 by inserting after the word "Walker" and before the word "and," in the fourth line, the word "Dade." Amend section 2 by striking the word "county," in the fourth line, and inserting in lieu thereof "and Dade counties," and by adding after the word "Gap," in tho last line of said section "and across Lookout Mountain to the town of Rising Fawn, in Dade county, and along Lookout valley to the line of the State of Tennessee, near \Vau hatchie."
The following Senate bills were read :first time:

By }[r. :McMichael-

A bill to amend sections 1840 and 1841 of the Code.

l~eferred to the Special Judiciary Committee.
251!j

386

Jou&SAL oF THE SENATE.

By :Mr. Mc.Michael-
A bill to authorize any corporation owning and operating street railroads in this State to extend its road into another State.

Referred to the Committee on Railroads.
By Mr. }lc:MichaelA bill to authorize street railroad companies to increase
their capital stock.
Referred to the Committee on Railroads.

By }lr. Golden-

A bill to require the manufacturers of shoes to have

stamped on the bottom of each pair the material out of

which each pair is made.



Referred to the General Judiciary Committee.

By :M:r. GoldenA bill to prohibit the sale of cotton futures in this State.

Referred to the Committee on General Agriculture.

By unanimous consent Senator Smith, from the 18th district, who succeeds Senator Sullivan, was assigned to the same committees that Senator Sullivan was a member of, except the General Judiciary, but was added to the Finance Committee.

Senator 'Vorsham was granted leave o absence on account of sickness in family.

On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

TUESDAY, DECEMBER 9, 1902.

387

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, December 9, 1902.
The Senate met pursuant to adjour;nment at 10 o'clock; was called to order by the President.
Prayer was offered by Senator Perry.
On motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
The following message was received from the House through Mr. Boifeuillet, the Clerk there0f:
M1'. President: The House has passed, by the requisite constitutional
majority, the following bills of the House, to wit:
A bill to amend an Act to establish a dispensary in the town of Buena Vista, in Marion county.
Also, a bill to amend an Act entitled an Act to incorporate the town of Bowdon, in Carroll county.
Also, a bill to protect the fish and provide the manner <>f fishing in the waters of Clayton county.
Also, a bill to amend an Act to establish a system of public schools in the town of Jesup.
Also, a bill to construct dams across the Savannah river for commercial purposes.
Also, a bill to pay .off and retire bonds of the State as they mature by levy and collection of special tax.

388

JOURNAL OF THE SEXATE.

Also, a bill to incorporate the Marble Hill school district, in Pickens county.

Also, a bill to incorporate the town of Dudley, in Laurens county.

Also, a bill to incorporate Young's Tanyard school district, in Coweta county:.

Also, a bill to establish a system of public schools m the town of Bowdon, Carroll county.

Also, a bill to incorporate the town of Sylvester, in Worth county.

Also, a bill to incorporate the town of Bostwick, in Morgan county.

Also, a bill to create Zebulon school district, m Pike county.

Also, a bill to incorporate Lenard school district, in Cobb county.

Also, a bill to establish a dispensary in Athens.

Also, a bill to prohibit the sale of intoxicating liquors in Stewart county.

The House has passed by the requisite constitutional majority the following resolutions of the House, to wit:
A resolution authorizing the Governor to borrow money to supply casual deficiencies.
Also, a resolution to pay pension tD :Mrs. E. H. Stewart.
Also, a resolution to pay pension due J. D. Jarrard to his widow.

TUESDAY, DECEMBER 9, 1902.

389

Also, a resolution to pay pension due M. D. Hattaway to his widow.

Also, a resolution providing for improvement of acoustics of Hall of House of Representatives.

Also, a resolution to pay J. F. DeLacy salary for quarter ending December 31'- 1901.

Also, a resolution to make appropriation to meet deficiency in the public printing fund for 1902, and for other purposes.

Also, a resolution to pay pension due John P. Renew to his widow.

Also, a resolution to pay to the administrators of the estate of the late Patrick J. Sullivan the amount that would have been due him at close of session.

Also, a resolution to pay pension due R. W. Laird to his widow.

Also, a resolution to pay stenographer of committee appointed to consider that portion of the Governor's mes'Sage relating to the depot of W. & A. R. R. in Atlanta.

Mr. Led:ford, chairman of Committee on Education, submits the following report:

Mr. P1esident:
The Committee on Education has had under consideration the following bills of the House which it instructs me to report back with recommendation that same do pass :
A bill to incorporate the Meansville school district, ir Pike county.

390

JOURNAL OF THE SENATE,

A bill to amend the Act establishing a system of public schools for the town of Doerun.
A bill to provide a new charter for the town of East Point, in Fulton county.
A bill to establish a system of public schools for the Sylvania district, in Screven count:y-.
A bill to amend the Act establishing a system of public schools in the town of Ashburn.
A resolution providing for the improvement of the grounds around the Georgia Normal School at Milledgeville.

The committee also recommends that the following Senate resolution do not pass:

A resolution to inquire into the operation of the uniform school book system in the cities and towns where it has been adopted.
Respectfully submitted. M. L. LEDFORD, Chairman.
Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

lYIr.. President:
The Committee on Corporations has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass as amended:
A bill to create a new charter for the town of Lumpkin, in Stewart county.

TuESDAY, DECEMBER 9, 1902.

391

A bill to create a new charter for the town of Richland, in Stewart county.
Respectfully submitted. L. L. MIDDLEBROOKs, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under consideration the following House bills, which it instructs ine to report with the recommendation that they do pass:

.A bill to amend, revise and consolidate the several Acts incorporating the town of Warsaw.
A bill to amend the charter of the_ city of Dalton, m Whitfield county.

A bill to amend the Act to establish the city court of :Moultrie.
A bill to amend the charter of A.ustell, in Cobb county.

.A bi1l to amend the charter of the city of Cordele, m Dooly county.
A bill to amr:md the charter of the town of Hazlehurst, in d1e counties o:f Appling and Coffee.
A bill to amend the charter of the town of Berkely, in Gwinnett county; to change its name to Grayson, and for other purposes.

A bill to amend the charter of the town of Deepstep, in \Vashington county.

392

JouRNAL oF THE SENATE.

A bill to amend the charter of the town of Harrison, in the county of Washington.

A bill to amend the charter of Blakely, in Early county, Georgia.
H.espectfully submitted. L. L: MIDDLEBROOKS, Chairman.



:Mr. Middlebrooks, chairman of the Committee on Cor-

porations, submitted the following report:

M1-. President:
The Committee on Corporations has had under consideration the following House resolution, which it instructs me to report with the recommendation that the same do pass:

A resolution providing for the increase for the year ending April, HJ03, of salary of the mayor of Madison, Georgia, and for other purposes.
Respectfully submitted. L. L. MIDDLEBROOKS, Chairman.

The following Senate resolution was read first time:

Bv- }fr. RobertsA re><olution for the relief of E. A. Buck, of Berrien
county.

Referred to the Special Judiciary Committee.

By Mr. Turner-
A resolution requesting the House to return House bill No. 150 to correct a clerical error.

This resolution was adopted.

TuESDAY, DECEMBER 9, 1902.

393

The following House resolutions were read first time:

:By }fr. Reid-

A resolution to authorize the Governor to borrow $200,000.00, if necessary.

Referred to the Committee on Appropr.iations.

:By :Mr. Slaton-
A resolution to pay pension due to R. W. Laird to his widow.

Referred to the Committee on Appropriations.

:By Mr. Houston-
A resolution to make appropriation to meet the de:fleiency in the public printing fund.

Referred to the Committee on Appropriations.

:By Mr. Hall-
A resolution to pay the stenographer of the committee appointed to consider that portion of the Governor's message relative to the W. & A. R. R.

Referred to the Committee on Appropriations.

:By Mr. Dunbar-
A resolution to pay pension of J. R. Renew to Mrs. Abbie Renew.

Referred to the Committee on Appropriati~ns.

:By Mr. CalvinA resolution to authorize the treasurer to pay the ad

394

JOURNAL OF THE SENATE,

ministrator of the late Senator Sullivan amount due him for this session.
Referred to the Committee on Appropriations.
By Mr. Mayson-
A resolution to appropriate $50.00 to Mrs. E. K. Stewart of DeKalb county.

Ueferred to the Committee on Pensions.

By Mr. Davis-
A resolution to pay J. F. DeLacy, solicitor-general, for
the quarter ending December 31, 1901. Referred to the Committee on Appropriations.
By Mr. PrestonA resolution to pay the pension of Mrs. Martha L. Hath-
away. Referred to the Committee on Pensions.
By 1\ir. Calvin-

A resolution for the improvement of the acoustics of the House of Uepresentatives.
Referred to the Committee on Appropriations.
By Mr. Stanford-
A bill to establish a dispensary in the city of Hamilton,. in Harris county.
Referred to the Committee on Temperance.

TuESD.A Y, DEC.EHBER 9, 1902.

39.&

By Mr. Fields-

A bill to amend the Act incorporating the city of Cordele, in Dooly county.

Senator-elect Smith, from the 18th, who succeeds the latE. Senator Sullivan, presented himself and took the oath as Senator-elect from the 18th district, the same being administered by Judge J no. S. Candler, Associate Justice of the Supreme Court.

Mr. Duncan, chainnan of the Committee on Engrossing, submitted the followi11g report:

Mr. President:
The Committee on Engrossing have examined the following bills, which are found to be correctly engrossed and ready for transmission to the House :
A bill to regulate the sale of mortgaged pro~rty under power of sale.
A bill to establish dispensaries for CoffeB county for the sale of liquors, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chainnan.

The following message was received from the House through !fr. Boifenillet, the Clerk thereof:
M1. P1esident: The House has passed by the requisite constitutional rna
jority the following bill of the House, to wit.

A bill to amend the charter of the town of Doenm, in Colquitt county.

396

JOURNAL OF THE SENATE.

The House has passed by the requisite oonst!tntiona,l majority the following Senate bill, to wit:

A bill to change the time of meeting of the General Assembly.

The following House bills were read first time:

By Mr. Jones-
A bill to incorporate the Marble Hill school district, in Pickens county.

Referred to the Committee on Education.

By Mr. Mitcham-
A bill to protect the fish in the waters of Clayton county.

Referred to the Committee on Agriculture.

By :llr. O'QuinnA. bill to amend the Act establishing system of public
schools in the town of Jesup.
Referred to the Committee on Education.

By Mr. EdwardsA bill to amend the Act establishing the dispensary in
the town of Buena Vista, in Marion county.
Referred to the Special.Judiciary Committee.

By l'Ir. OwenA bill to incorporate the Zebulon school district, in Pike
<Jounty.
Referred to the Committee on Education.

TUESDAY, DECEMBER 9, 1902.

397

By Mr. Reid-

A bill to pay off and retire the State bonds as they become due.
Referred to the Committee on Finance.

By Mr. Shackelford-
A bill to amend the Act establishing a dispensary in Athens.

Referred to the Temperance Committee.

By Messrs. Howard and HicksA bill-to incorporate the town of Dudley, in Laurens
county.
l~eferred to the Committee on Corporations.

By Messrs. Morris and McLain-
A bill to incorporate the Lenard school district, in Cobb county.

Referred to the Committee on Education.

By Mr. MosesA bill to incorporate the Young's Tanyard school dis-
trict, in Coweta county.
Referred to the Committee on Education.

By :Messrs. Steed and Hixon-
A bill to amend the Act incorporating the town of Bowdon, in Carroll county.

Referred to the Committee on Corporations.

398

JOURNAL OF THE SENATE.

By Mr. Crumbley-

A bill to prohibit the sale of intoxicating liquors, ciders and bitters in Stewart county.

Referred to the Temperance Committee.

By :Mr. McCurry-

A bill for the construction of dams across the Savannah riYer for manufacturing purposes.

Referred to the Committee on Agriculture.

By Messrs. Steed and Hixon-
A bill to establish a system of public schools in the town of Bowdon.

Referred to the Committee on Education.

By Mr. Alford-
A bill to amend the Act incorporating the town of Sylvester, in Worth county.

Referred to the Committee on Corporations.

By Mr. George-
A bill to incorporate the town of Bostwick, in Morgan county.

Heferred to the Committee on Corporations.

By Mr. Underwood-
A resolution to pay Mrs. Mary S. Jarrard pension due her husband.

Hoferred to the Committtle on Pensions.

TUESDAY, DECEMBER 9, 1902.

399

:By Mr. ReidA bill for the levying and collecting taxes for the so-tp-
port of the State government. Referred to the Committee on Finance.

By Mr. Newton-
A bill to amend the charter of the town of Doerun, in Colquitt county.
Referred to the Committee on Corporations.
Mr. Tisinger, chairman of the Special Judiciary Committee, submits the following report:

Mr. President: The Committee on Special Judiciary has had under con-
sideration the following bills of the House, which it instructs me to report back with the recommendation that they do pass :
A bill to reduce the salary of the judge of the city court -of Elberton, and for other purposes.
A bill to establish the city court of Waynesboro, in the -county of Burke, and for other purposes.

A bill to regulate the practice and procedure in justices -courts, in cities of seventy-five thousand, or more, in habitants, and for other purposes.
A bill to repea-l an Act to create an advisory board of .-commissioners for the counties of Laurens and Glascock, ..and for other purposes.

400

JoURNAL OF THE SENATE.

A bill to amend an Act creating the county court of Berrien county, and for other purposes.

A bill to establish the city court of Brunswick, in Glynn county, and for other purposes.

A bill to establish the city court of Sylvania, in Screven county, and for other purposes.

A bill to amend an Act to create a board of county commissioners for Jackson county, relating to superintendent of public roads, and for other purposes.

A bill to cede to the United State jurisdiction over certain land in the city of Savannah.

Also that the following bills of the House do not pass:

A bill to establish a county court for Wilkes county, and to repeal an Act entitled an Act to establish a city court of Washington, in and for the county of Wilkes.

A bill to prohibit the building or use of unlawful fences in the county of Camden.
Respectfully submitted. B. L. TrsiNGER, Chairman.

Mr. Perry, chairman of the General Judiciary Committee, submits the following report:

Mt. President:
The General Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass:

A bill to amend an Act entitled an Act to amend section

TUESDAY, DECEMBER 9, 1902.

401

752 of the Penal Code, which relates to the transfer of indictments from the superior court to the county court.
Respectfully submitted. H. H. PERRY, Chairman.
:Mr. Christie, chairman of the Committee on Banks, submitted the following report:

Mr. President:
The Committee on Banks has had under consideration the following House bill, which it instructs me to report with the recommendation that the same do pass:
A bill to add the city of Winder, in Jackson, "\Yalton and Gwinnett counties, to the list of State depositories.
Respectfully submitted. S. R. CHRISTIE, Chairman.

J\fr. J\fathews, chairman of the Committee on Railroads, submitted the following report:

Mr. President:
The Committee on Railroads have had under consideration the following Senate bills, which it instructs me to report with the recommendation that they do pass:

A bill to authorize street or suburban railroads to extend railroad in an adjoining State.

A bill to authorize corporations 9perating street or suburban railroads in this State to increase their capital stock, and to issue preferred stock, and for other purposes.
RespectfullJ' submitted. H. A. MATHEws, Chairman.

402

JouRNAL OF THE SENATE.

Mr. Hopkins, chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
The Committee on Appropriations has had under consideration the following House bill, which it instructs me to report with the ~ecommendation that the same do pass as amended:

A bill to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the government, and for other purposes.

It has also had under consideration the following House resolution, which it instructs me to report with the recommendation that the same do pass as amended:

A. resolution to appropriate the sum of $15,000 for the purpose of making necessary repairs on the Capitol buildmg.
Respectfully submitted. H. W. HoPKINs, Chairman.

The House has passed by the requisite constitutiot..al majority the following bills of the House, to wit:

A bill to amend an Act incorporating the city of Cordele, in Dooly county.

A bill to establish a dispensary in the city of Hamilton, in Harris county.

The following Senate bills were read second time:

By !-Ir. McMichael-
A bill to amend sections 1840 and 1841 of the Civil Code.

TuESDAY, DECEMBER 9, 1902.

403

.By :Mr. McMichael-.

A bill to authorize corporations operating suburban -street railroad companies to increase their capital stock.

By Air. McMichael-
A bill to authorize corporations operating street r~ilroads in this State to extend their lines into other States.

The following Senate bill was read second time and re<!ommitted to the General Judiciary Committee:

.By Mr. Perry-
A bill to repeal the Act establishing the city court of .Hall county.
The following House bill was taken from the table to be put upon its passage:
By Mr. Flynt-
A bill to amend the Act providing for inspectors of roads :and bridges for the several counties of this State.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 8.
The bill having received the requisite constitutional majority was passed as amended, and the amendments are as ~ollows: Provided that nothing in thil'l Act shall affect counties having over 85,000 population already having such system herein provided.
On motion, the appropriation bill was made special orncr for to-morrow morning immediately after the reading

40-t

JouRXAL oF THE S.ExATE.

of the Journal, and 100 copies ordered printed'for the use of the Senate.

The following House bills were read second time :

By lfr. Glenn-

A bill to amend the charter of the town of Dalton.

By Mr. Newton-
A bill to amend the ~ct establishing schools in the town of Doerun.

By lfr. Evans-
A bill to amend the Act incorporating the town of Deepstep.

By Mr. CromartieA bill to amend the Act incorporating the town of
Hazelhurst. By Mr. Pate-
A bill to amend the Act incorporating the town of Trip.

By }[r. Fields-
A bill to amend the Act incorporating the town of Cordele.

By l\Ir. X ewton-
A bill to amend the Act establishing the city court of :Moultrie.

By :Messrs. M01:ris and }fcLainA bill to amend the charter of Austell.

TUESDAY, DECEMBER 9, 1902.

405

By :Mr. George-
A resolution to increase the salary of the mayor of Madison.

By Mr. Evans-

A bill to amend the Act incorporating the town of Harrison.

By Mr. Buchannon-
A bill to amend the Act incorporating the town of Blakely.
By l\Ir. Cann-

A bill to amend and consolidate the several Acts incorporating the town of Warsaw.

By :Mr. Owen-
A bill to incorporate the Meanville school district, m Pike county.

By l\fr. Overstreet-
A bill to establish a system of public schools in the Sylvania school district, in Screven county.
By Mr. Alford-
A hill to amend the Act establishing a system of public schools in the to"\\'ll of Ashburn.

By l\fr. Blackburn-
A bill to provide for a new charter for the town of East Point.

406

JOURNAL OF THE SENATE.

By :Mr. Howard-

A resolution to provide for certain improvements on the grounds of the Georgia Normal School at 1Iilledgeville.

By Mr. Evans-

..(. bill to amend the Act creating the city court of Sandersville.

By Messrs. Hardeman and Holder-

A bill to provide for the adding of the city of Winder to the list of State depositories.

By Mr. Butts-

A bill to establish the city court of Brunswick.

By :Messrs. Hardeman and Holder-

A bill to amend the Act creating the board of county commissioners for Jackson county.

By Mr. Stovall-
A bill to cede io the United States certain lands in the city of Savannah.

The following Senate resolution was taken up with adverse report from the committee:

By Mr. Park--
A resolution appointing a commission to investigate the OJ>eration of the uniform school book system.

The following minority report was submitted on this resolution:

TUESDAY, DECEMBER 9, 1902.

407

We, the undersigned members of the Committee on Edu-

cation, believing that resolution No. 27, for the pur-

pose of investigating the uniformity system of text-books

adopted by other States of the Union, as to their cost,

quality, etc., etc., in order to bring the facts before the

General Assembly, so that the bill to adopt a uniform sys-

tem of text-books for the State of Georgia can be intelli-

gently acted upon, respectfully dissent from the report of

Committee on Education, and ask leave to file this mi-

nority report.

Signed

W. P. Donn,

P. H. CoMAS,
w. G. PARK,.

A. B. DuNCAN, lOth District,

W. A. WoRsHAM,

T. G. HUDSON,

ALEX. ATKINSON'

R. L. MERRITT'

H. A. 1\L<\.THE"\YS,

J. R. VAN BuREN.

Upon agreeing to the report of the committee the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative we.e Messrs.-

Allen, Crumbley, Davis, Hightower, Ledford,

McClure, McMichael, Reid, Snead, Stevens,

Symons, Tisinger, Turner, Mr. President.

Those voting in the negative were Messrs.-

Atkinson, Christie, Clark,

Clements, Dodd, Duncan of lOth,

Duncan of 36th, Golden, Harrell,

408
Hopkins, Hudson, Jordan, Lee, Mathews, McLean,

JOURNAL OF THE SENATE.

Merritt,
~1iddlebrooks,
Moore, Park, Perry,

Roberts, SwEat, Taylor, Van Buren, "Worsham,

Tho~P- not voting "ere :Messrs.--

Comas, Rountree,

Lewis, Skelton,

Smith,

Ayes 14, nays 25.

The report of the committee was disagreed to.

Upon the passage of the resolution the ayes and nays were ordered and ihe vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Clements, Dodd, Duncan of lOth, Duncan of 36th, Golden,

Harrell, Hopkins, Hudson. Jordan, Lee, Mathews, McLean, Merritt,

Middlebrooks, Moore, Park, Roberts, Snead, Sw:at, 'faylor,
"\'\~orsham,

Those voting in the nf)gative were Messrs.-

Allen, Crumbley, Davis, Hightower, Ledford,

McClure, McMichael, Perry, Skelton,
Smith,

Stevens, Symons, Tisinger, Turner,

ThoP.e not voting were Messrs.-

Comas, Lewis,

Reid, Rountree,

Ayes 24, nays 14.

Van Buren, Mr. President.

TUESDAY, DECEMBER 9, 1902.

409

The resolution having received the requisite constitutional majority was passed as amended, and the amendments are as follows, by inserting the following: The word "nine," when the word "eight" appears in the resolution, and inserting the following between the word "'chairman," in the fifteenth line, and the word "together," immediately following, so as to read, "and State commissioner-elect \Y. B. ~Ierritt, secretary, and a member of the commission '' Also amend by striking out the last paragraph of the rc:;olution and inserting in lieu thereof the following: "Re:;ohed further, That all existing contracts for text-books, or adoptions for same, in the various counties of the State, be extended till January 1, 1905, and that no county board of education in the State be authorized to make any adoption of text-books or changes in contracts in any way until Jannary 1, 190:5.

?.Ir. Symons, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment reports as duly enrolled, -signed by the President of the Senate and Speaker of the House of RPpresentatives and delivered to the Governor, the following Act, to wit:

An Act to change the time of meeting of the General Assembly from the fourth \Vednesday in October to the fourth Wednesday in J nne, and for other purposes.
Respectfully submitted. W. F. SYMONS, Chairman.

:Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

410

JOURNAL 01-' THE SE~ATE.

ltlr. President:
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House, the following Act, to wit:

An Act to change the time of meeting of the General Assembly from the fourth Wednesday in October to thefourth "'Wednesday in June, and for other purposes.
Respectfully submitted. W. F. SYMONS, Chairman.

l\h. Tisinger, chairman of the Committee on Special Judiciary, submitted the following report:
!If r. Prcside11t:
The Committee on Special Judiciary has had under consideration the following bill of the House, which it instructs me to report back with the recommendation that it do pass:

A bill to amend an Act approved October 31, 1901, creating the city court of Sandersville, and for other purposes.
Respectfully submitted. B. L. TisiNGER, Chairman.

The following Senate bill was read third time and put upon its passage:

By Mr. ComasA "bill to amend section 752 of the Code.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 29, na~s 0..

TuESDAY, DECEMBER 9, 1902.

411

The bill having received the requisite constitutional majority was passed.

The following House bills were read third time to beput upon their passage:

By Mr. McElmurray-

A bill to establish the city court of Waynesboro.

Heport of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follows: Amend by striking out all of section 4, aftel" the word "enacted," in the first line, and inserting in lieu thereof the following: "That there shall be a judge of said city court of Waynesboro who shall be elected by the people, whose term of office shall be four years, and all vacancies in the office of judge of said court shall be filled as vacancies in the office of judge of the superior court are now filled; provided, however, that Phil. P. Johnson, of the county of Burke, shall be the judge of said court until the general election, to be held in the year 1904, at which said election a judge for the city court of Waynesboro shall be elected for the term of four years, said term of office to begin on December 1st after said general election. At the general election each four years thereafter his successor shall be elected. The judge of said city court of Waynesboro shall receive a salary of $1,000.00 per annum, which shall be paid to him monthly on warrant of the county commissioners of roads and revenues out of the treasury of the county of Burke." Amend section 5 by striking after the word "enacted," in the first line, the words "that any

412

. JoURNAL OF THE S. ENATE.

person who shall be appointed judge of said city court must be at the time of his appointment,'' and insert in lieu thereof, "that any person to be eligible to the office of jwlge of said city court must, at the time of his election." Amend said fifth section further by striking the word "appointment," in the eighth and tenth lines of said section, ancl inserting in lieu thereof the word "elected." Amend ~ection eleven ( 11) by striking out that part of said section after the words "shall be," in the third line thereof, down to and including the word "thereafter," in the fourteenth line of said section, and inserting in lieu thereof thP following: ":Elected by the people, whose term of offlee shall be for four years. All vacancies in said office of solicitor of said court shall be filled as vacancies in the offi~e of solicitms-general are now filled; provided, however, that Floyd L. Scales, of the county of Burke, shall be solicitor of said city court until the general election, to be held in the year 1904, at which said election a solicitor for said city court of 'Vaynesboro shall be elected for the term of four years. The term of said officer to begin December 1, 1904, after said general election. At the general election each four years thereafter, his successor shall be elected." Amend said section eleven by striking the word "appointed," in the fourteenth line, and inserting in lieu thereof "elected," and the word "appointed," in the sixteenth line, and inserting in lieu thereof "elected."

13y :Messrs. Hawes and :Martin-

A bill to reduce the salary of the judge of the city court ()f Elberton.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

TUESDAY, DECEMBER 9, 1902.

413.

The bill having receiYed the requisite constitutional majority, was passed.

By Mr. Knight-

A bill to amend the A.ct creating the county court of Berrien county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26,. nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Kelly-

A bill to repeal the Act creating the board of commissioners of roads and revenues for the counties of Laurens. and Glascock.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 2i, nays 0.

The bill having received the requisite constitutional majority was passed.

By ::VIessrs. Slaton and Houston-
A bill to regulate the practice and procedure in justice courts in counties of 75,000, or more, inhabitants.

Report of the committee was agreed to. l!pon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority w.as passed.

414

JouRNAL oF THE SENATE.

By Messrs. Shannon and Walker-

A bill to codify the several Acts incorporating Forsyth, in Monroe county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bln having received the requisite constitutional majority was passed.

By Mr. Crumbly-
A bill to create a new charter for the town of Richland, in Stewart county.
Report of the committee wa!:l agreed to.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are by striking out section 19 of bill.

By :Mr. Crumbly-
.A. bill to create a new charter for the town M Lumpkin,
:in Stewart county.

Report of the committee was agreed to.

Upon the passage of the biU the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are by striking out section 19 of the bill.

TuESDAY, DECEMBER 9, 1902.

415

13y :Mr. HallA bill to amend the Act incorporating the Fairburn
Banking Company.
H.eport of the committee was agreed to.
"(;"pon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Overstreet-
A bill to establish the city court of Sylvania, in Screven county.
H.eport of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0. The bill having received the requisite constitutional majority was passed.

By :Mr. OverstreetA bill to reincorporate the town of Sylvania, in Screven
-county.
Report of the committee was agreed to;
Upon the ~assage of the bill the ayes wertl 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. DavesA bill to incorporate the town of Morganton, in Fan-
nin county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

416

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By Messrs. Grenade and Alexander-
A bill to authorize the mayor and council of Washington to sell certain real estate.
Heport of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite consti(utional majority was passed.

By :Mr. Cann-
A bill to authorize the mayor and council of the town of Tybee to close Fourth street.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite conRtitutional majority, was passed.

By :Jfr. Burton-
A bill to incorporate the town of Canon, in the counties of Hart and Franklin.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

TUESDAY, DECEMBER 9, 1902.

417.

By Mr. SteedA resolution appropriating $15,000 to repair the State-
Capitol building.

Report o the committee was agreed to.

Upon the passage o bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Duncan of lOth, Duncan of 36th, Golden, Harren,

Hightower, Hopkins, Hudson, Jordan, Lee, Ledford, McClure, McLean, McMichael, Merritt, Middlebrooks,

Moore, Perry, Reid, Smith, Snead, Stevens, Sweat, Taylor, Van Buren, 'Vorsham,

Those not voting were Messrs.-

Allen, Davis, Lewis. Mathews,

Park, Roberts, Rountree, Skelton,

Symons, Tisinger, Turner, - Mr. President.

Ayes 33, nays 0.

The resolution having received the requisite constitutional majority was passed as amended: By striking $15,000 and substituting $8,400: The amount appropriated by the resolution shall be as follows: For roo, walk-ways to be o galvanized iron, the sumo $7,500, or so such thereo as may be necessary; or repairing and resetting tiles $200; or separate seven connecting down-spouts $600; or repainting stone and brick work $100.
27 sj

JOURNAL OF THE ~EN.A.TE.
The following House bills were taken up with adverse report from committee. The report was agreed to and the bills were lost. By Messrs. Alexander and Grenade-
A bill to establish a county court for Wilkes county. By Mr. Proctor-
A bill to prohibit the building or use of unlawful fences . in this State.
1 On motion, the Senate adjourned until to-morrow morn: ing at 10 o'clock.
SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, December 10, 1902. The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President. Prayer was offered by the Chaplain. On motion, the roll-call was dispensed with. The ,Journal of yesterday was read and approved. Mr. Symons, chairman of the Committee on Enrollment, submitted. the following report: . Jb. President: The Committee on Enrollment reports as duly enrolled.

WEDNESDAY, DECEMBER 10, 1902.

419

and ready for the signatures of the President of the Senate and Speaker of the House, the following Act, to wit:

An Act to cede to the United States the jurisdiction of this State over certain lands in the counties of Walker, Dade and Catoosa, in this State, adjacent to or in the vicinity of Chickamauga National Military Park, and for other purposes.
Respectfully submitted. W. F. SYMoNs, Chairman.

The following message was received from his Excellency. t,he Governor, through his Secretary, Mr. Hitch, to wit:

Mr. P1esiderd:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of ~ur honorable body in executiYe session.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has concurred in Senate amendment to the following House bill, to wit:

A bill to create a new charter for the city of Hawkinsville, in Pulaski county.

The House refuses to concur in the Senate amendment to the following House bill, to wit:

A bill to create a board of commissioners of roads and revenues for the county of Rockdale.

420

JOURNAL OF THE SENATE.

The House has passed by the requisite constitutional majority the following House bills, to wit:

A bill to amend section 982 of the Code, so as to add Sandersville, in Washington county, to the list of State depositories.

Also, a bill to regulate the sale of all syrups and adulteration thereof within the State.

Also, a bill to incorporate the city of Russell, and for other purposes.

Also, a bill to amend section 45 of the charter of Americus, Georgia.

Also, a bill to amend the charter of Augusta, Georgia.
Also, a bill to cede to the United States jurisdiction of certain lands in Athens, Georgia.
Also, a bill to amend an Act to establish a system of public schools in .Marshallville, Georgia.

Also, a bill to fix the time of election of all officers of incorporated cities in this State now having, or which may have hereafter, not less than fifty thousand nor more than seventy-five thousand inhabitants.
Also, a bill to establish a dispensary in Whitfield county.
Also, a bill to protect fish in the streams of Bartow county.
Also, a bill to authorize the mayor and council of Jasper, Georgia, to issue bonds for school purposes.

WEDNESDAY, PECEMBER 10, 1902.

421

Also, a bill to provide for removal of obstructions from streams in Morgan county.

The Houge has passed by the requisite constitutional majority the following House resolution, to wit:

A resolution to investigate and deu;rmine whether irrigation and drainage in this State can be successfully done.

The following Senate bills were read third time and put upon their passage--

By Mr. :Mc:M:ichael-
A bill to authorize any corporation operating street railroad companies in this State to extend its line into another State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

This bill was ordered immediately transmitteO. to the House.

By 111:r. 1.cMichael-
A bill to authorize corporations operating street railroad companies to increase their capital stock.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed and ordered immediately transmitted.

422

JouRNAL oF TPE SENAT&

Mr. Davis, chairman of the Committee on Finance, submitted the following report:
M1. President:
The Committee on Finance has had under consideration the following billsof the House, which it requests me to report back with recommendation that the same do pass:

A bill to be entitled an Act to pay off the retired bonds of the State as they mature by levy and collection of a tax for that purpose, and for other purposes.

The committee also recommends that the following bill do pass as amended:

A bill to be entitled an Act to provide for and require the payment of taxes on all special franchises, and to pre<>cribe the method for the return and payment of said taxes.
Respectfully submitted,
'Y:.\1. II. DAvis, Chairman.

:llir..Jordan, chairman of the Committee on Agriculture, bubmitted the following report:

lvir. President:
The Committee on Agriculture has had under consi'deration the following House bill, which it instructs me to report to the Senate with the recommendation that it do pass, to wit:

A bill to protect the fish, and provide the manner of fi<~hing in any: and all waters in Clayton county.

Also, that the following bill of the House be recommitted to the Special ,Tudiciary Committee:

WEDNESDAY, DECEMBER 10, 1902.

423:

A bill for the construction of a dam or dams across, Savannah river, in Elbert county.
'Respectfully submitted, C. H. J ORD.AN, Chairman.
Mr. Duncan, chairman of the Temperance Committee; submitted the following report:
Mr. President: The Committee on Temperance has had under consid~
eration the following bills of the House, which it instructs. me to report back to the Senate with the recommendation. that the same do pass:

A bill to prohibit the sale of intoxicating liquors in: Stewart county.

A bill to amend the Act establishing a dispensary in Athens.
Respectfully submitted. DuNCAN (36th), Chairman.

House bill No. 450 was recommitted to the Special Judiciary Committee.

The following House bill was read third time :

By :Mr. Thompson-
A bill to provide for the removal of obstructions from the streams of Hall county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional rna-

424

JouRNAL oF THE SENATE.

jority was passed as amended, and the amendments are as follows: Amend section 5 by adding "that none of .the provisions of this Act shall go into effect until the same is recommended by the grand jury of Hall county."

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined the follow~ ing bill, which it finds correctly engrossed and ready for .transmission to the House :

A bill to amend section 752 of the Penal Code, which relates to the transfer of indictments from the superior to .the county court.

The following resolution has also been examined and is found to be correctly engrossed and ready for transmission .to the House :

A resolution to inquire into the present city and county adoption of text-books and the operations of the same, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chairman.
Mr. Hudson, chairman of Committee on Pensions, submits the following report:
Mr. President: The Committee on Pensions has had under consideration
the following resolutions and requests they be read second time and recommitted to Committee on Pensions:

WEDNESDAY, DECEMBER 10, 1902.

425

A resolution to pay Mary S. ,Jarrard a pension due her husband at the time of his death.

A resolution appropriating fifty dollars to Mrs. E. W. stewart for pension due her husband at his death.

A resolution to pay the pension of Mrs. Martha L. Hattaway.

A resolution to pay Mrs. R. W. Laird pension, and for other purposes.
Respectfully submitted. T. G. HunsoN_. Chairman..

:Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

:JIr. President:
The Committee on Engrossing has examined the following bills, which it finds correctly engrossed and ready for transmission to the House :

A bill to authorize street or suburban raihoads to extend railroad into another State.

A bill to authorize street or suburban railroads to merease their capital stock, and to issue preferred stock.
Respectfully submitted. A. B. DuNCAN, Chairman.

:Mr. Tisinger, chairman of the Special Ju_diciary Committee, submitted the following report:

Mr. President:
The Special .Tudiciary Committee has had under consideration the following bill of the Senate, which it in-

426

JOURNAL OF THE SENATE,

structs me t.o report back with the recommendation that it do pass:

A bill t.o amend sections 1840 and 1841 of the Civil Code of 1895.
Respectfully submitted. B. L. TISINGER, Chairman.

!Ir. Ledford, chairman of the Committee on Education, submits the following report:

Mr. President:
. The Comm.ittee on Education has had under consideration the following bills of the House, '~hich it instructs me to reP.ort back with the recommendation that they do pass:

A bill to incorporate Young's Tanyard school district, in Coweta county, and for other purposes.

A bill to create Zebulon school district, in Pike county, and for other purposes.

A bill to incorporate the Marble Hill school district, in Pickens county, and for other purposes.

A bill to establish a system of public schools in the town of Bowdon, in Carroll county, and for other purposes.

A bill t.o amend an Act entitled an Act to establish a system of public schools in the town of Jesup, approved December 12, 1893, and for other purposes.
Respectfully submitted. }.f. L. LEDFORD, Chairman.
Mr. Christie, chairman pro tern. of the Committee on Corporations, submitted the following report:

WEDNESDAY, DECEMBER 10, 1902.

427"

Mr. President:
The Committee on Corporations has had under consid~ eration the following House bills, which it instructs me to report with the recommendation that they do pass:

A bill to amend the charter of the city of Cordele, m Dooly county.
A bill to am~nd the charter of the town of Doerun, in Colquitt county.
A bill to incorporate the town of Bostwick, in :Morgan county.
A bill to incorporate the town of Dudley in Laurenscounty.
A bill to amend the charter of the town of Sylvester, in Worth county.
A bill to incorporate the town of Bowdon, in the county of Carroll.
Respectfully submitted. S. R. CnmsTIE, Chairman, pro tern.

The following message was received from the House through :Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to wit:
A bill to increase authority of recorder's court in certain cities in this ~tate in regard to minors.

428

JoURNAL OF THE SENATE.

The House has passed by the requisite constitutional majority the following Honse resolution, to wit:

A resolution for relief of W. & A. R. R.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

lvlr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to create a district court for the city of Tifton.

:Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that the same do pass:
A bill to amend sections 1840 and 1841 of the Code of 1895.
Respectfully submitted. B. L. TrsrNGER, Chairman.

The following message was received from the House through :Mr. Boi:feuillet, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:

WEDNESDAY, DECEMBER 10, 1902.

429'

A bill to reorganize the military forces of this State, and for other purposes.

The following special order was taken up:

By l\[r. Davis-

A bill to make appropriation for the support and maintenance of the State government for the years 1903 and 1904.

The following amendments were adopted: Amend by adding between lines 20 and 21 of section 3 the following: "For compensation of one doorkeeper and assistant messenger for the rear door of messenger's room of Senate, four dollar per day; for compensation of two assistant doorkeepers on floor of Senate four dollars per diem. Amend by striking out the word "three," in line 25, and insert "five," relative to number of pages. Amend section 3: "For compensation of committee appointed under Act of the I.egislature of 1901, consisting of two members of the Senate and four from House, at the rate of four dollars per day for the time actually engaged in performance of their duties, and for compensation of stenographer at same ratB as members, and amount shall not exceed four hundred dollars." Amend by striking "$310,000" for sanitarium and inserting "$340,000." Amend by making the appropriation $15,000 instead of $12,500 for Soldiers' Home.
On this amendment the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Clark, Crumbley,

Davis, Duncan of lOth, McClure,

McLean, Merritt, :Moore,

4'30
'Park, l'erry, Reid, .Smith,

JOURNAL OF .THE SENATE.

Snead, Stevens, Elwcat, E!ymons,

'l'aylor, Turner, Van Buren, 'Worsham,

Those voting in the negative were Messrs.-

Atkinson, Christie, 'Comas, Dodd, Duncan of 36th, -Golden,

Harrell, Hightower, Hopkins, Hudson, Jordan, Lee,

Ledford, Mathews, McMichael, Roberts, Skelton, Tis Inger,

Those not voting were Messrs.-

'Clements, Lewis,

Middlebrooks, Rountree,

Mr. President.

Ayes 21, nays 18.

The amendment was adopted.

AMENDMENTS TO HOUSE BILL 159.

Amendment No. 1. (By committee): Amend section 1 by striking out all of the words in the
fourth (4th) line after the word "for," and the word and figures "year 1903," in the fifth (5th) line, and inserting in lieu thereof the following: "Each of the fiscal years 1903 and 1904."
Adopted.
Amendment No. 2: Amend section 1, in line 21, by striking out all that oc-
curs after the word "dollars," and by striking out all of line 22.
Adopted.

WEDNESDAY, DECEMBER 10, 1902..

431

Amendment No. 3:
Amend section 2, line 4, by striking out the words and figures "the year 1903," and inserting in lieu thereof the words and figures "for each of the fiscal years 1903 and 1904."

Adopted.

Amendment No. 4: Amend section 3, line 4, by striking out the words and
figures, "the year 1903," and inserting in lieu thereof the words and figures, "for each of the fiscal years 1903 and 1904."
Adopted.

Amendment No. 5: Amend section 3, line 34, by striking out the word "five"
and inserting in lien thereof the word "three," and by striking out the word "eight" and inserting in lien thereof the word "five."
Adopted.

Amendment No. 6 : Amend section 4, line 4, by striking out the words and
figures, "the fiscal year 1903," and inserting in lieu thereof the words and figures "each of the fiscal years 1903 and 1904..''
Adopted.

Amendment No. 17: Amend section 5, line 6, by inserting after the figures

432

JOURNAL OF THE SENATE.

"1903," and before the word "to," the following words: "and one hundred thousand dollars on bonds maturing ,January 1st, 1904."
Amend by adding at end of section 3 "that the sum of one hundred and twenty-three dollars be appropriated to pay for seventy-five chairs for the use of the Senate, ordered by the Senate for committee rooms, and that the same be paid on executive warrant to the Secretary of the Senate."
"That the sum of four dollars pet day each be appropriated to pay a doorkeeper for the cloak room and a third assistant doorkeeper of the Senate for the session 1902, under resolutions adopted by the Senate."

Amendment No. 18:
Amend section 5 by adding at the end thereof the following: "To pay the interest maturing in 1904, the sum of three hundred and sixteen thousandL eight hundred and eighty dollars."
And the treasurer is hereby authoril!;ed and required to apply the fund in the treasury, which has arisen from the sale of public property, and known as the Public Property Fund, to pay the interest on the public debt when the same matures, in accordance with the appropriation set out for in this paragraph.

Amendment No. 19 :
Amend section 4 by inserting between line 18 and line 19 thereof, the following words: "For the support and maintenance of the South Georgia Agricultural College, a branch of the State University, at Thomasville, the sum of twenty-fiye hundred dollars for each of the years 1903 and 1904."
Adorted.

WEDNESDAY, DECEMBER 10, 1902.

433.

Substitute for line~ 53, 54, 55 and 56 of printed bill or section 6 of the general bill.
:For republishing earlier Georgia Reports, when copyrights on same have expired, and for compiling and publishing, under the direction of the Governor, the Colonial Revolutionary and Co~federate Records of Georgia, such, sums as may be necessary to pay the contract price for such work, to be paid only out of the money receiYed into the treasury during the years 1903 and 1904 from the sale of such republished Georgia Reports, as provided by the Act of December 16, 1899, and from the sale of such Colonial, Revolutionary and Confederate Records so published. Amend section 6, in line 28 of printed bill by striking out the W()rds "a porter and the sum of two hundred," and insert in lieu thereof the words "a stenographer and a porter the sum of $800.00."

Amendment No. 9 :
Amend section 6, in line 4, by striking out the words and figures "the year 1903." and inserting in lieu thereof the words and figures "each of the years 1903 and 1904."
Adopted.

Amendment No. 10:
Amend section 6, in line 69, by striking out the words. "two thousand," and inserting in lieu thereof the words , 'fifteen hundred."
Adopted.

Amendment No. 11 :
Amend section 6, in line 88, by inserting after the figures "1903" the word and figures "and 1904."
Adopted.
28 sj

434

JOURNAl~ OF THE SENATE.

- Amendment No. 13 :
Amend section 6, line 132, by striking out the words and .figures "the year 1903," and inserting in lieu thereof the 'words and figures "each of the years 1903 and 1904."

Adopted.

_Amendment No. 14:
Amend section 6 by striking out all of lines 133, 134, -135, 136 and 137, except the two last lines of 137, and by inserting in lieu thereof the following: "Provided that the assistant geologist, acting chemist, shall devote ninety days, and the other assistant geologist one hundred and fifty days, to field trips, during each of the years for which this :appropriation is available."

.Adopted.

':Amendment No. 15 :
Amend section 6, in line 170, by striking out the words and figures "the year 1903," and by inserting in lieu thereof the words and figures "each o the years 1903 and .1904."

Adopted.

Amen(bnent No. 16:
Amend section 6, line 171, by striking out the word "twenty" and inserting the word "eighteen."
Also, by adding at the end of section 6 the following: "Provided that only five hundred dollars of this appropri.ation shall be available for the salary of the adjutant-gen. eral."

Adopted.

WEDNESDAY, DECEMBER 10, 1902.

435

Amendment No. 17:
Amend section 5, line 6, by inserting after the figures
"1903," and before the word "to," the following words:
"and one hundred thousand dollars on bonds maturing January 1, 1904."
Ado.Eted.

Amendment No. 18 :
Amend section 5 by adding at the end thereof the following: "To pay the interest maturing in 1904, the sum of three hundred and sixteen thousand, eight hundred and eighty dollars."
Adopted.

Amendment No. 19:

Amend section 4 by inserting between line 18 and line

19 thereof, the following words: "For the support and

maintenance of the South Georgia Agricultural College, a

branch of the State University, at Thomasville, the sum of

twenty-five hundred dollars for each of the years 1903 and

1904."

.

Adopted.

Amendment No. 20:
Amend caption of the bill by striking from line 5 thereof the words and figures "the year 1903," and inserting in lieu thereof the words and figures ''each of the fiscal years 1903 and 1904."
Adopted.

On the passage of the bill the ayes and nays were ordered and the vote was as follows :

436

JouRNAL oF THE SENATE.

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Comas, Davis, Duncan. of 36th, Hightower, Hopkins, Hudson, Jordan, Lee.

Ledford, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park, Reid, Roberts,

Smith, Snead, Stevens, Sweat, Symons, 'l'aylor, Tisinger, Turner, Van Buren, Worsham,

Those voting in the negative were Messrs.-

Christie, Crumbley,

Doud, Golden,

Harrell, Skelton,

Those not voting were Uessrs.-

Clements, Duncan of lOth, Lewis,

1\Iiddlebrooks, Perry,

Ayes 31, nays 6.

Rountree, ~:[r. President.

The hill having received the requisite constitutional majority was passed as amended.

On motion, the franchise tax hill was made special order for to-morrow morning immediately after the reading of the Journal.

The following Senate hill was read third time and put upon its passage:

By }fr. McMichael-

A hill to amend sections 1840 and 1841 of the Code.

Report of the committee was agreed to.

Fpon tbe passage of the hill the ayes were 28, nays 0.

WEDNESDAY, DECEMBER 10, 1902.

437

The bill having received the requisite constitutional majority ~as passed.

The following House bill was read second time and recommitted to the Finance Cop1mittee:

By Mr. Reid-

A bill to levy and collect a tax for the support tf the State government for the years 1903 and 1904.

On motion, the Senate adjourned until 3 o'clock this afternoon.

3 0'clock p.m.
The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.
On motion, the roll-call was dispensed with.
:Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:
Mr. President: . The Committee on Engrossing has examined the follow-
ing bill, which it finds correctly engrossed and read,t for transmission to the House :
A bill to amend sections 1840 and 1841 of the Civil Code of 1895, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chairman.
The following message was received from the House through }ir. Boifeuillet, the Clerk thereof:

438

JOURNAL OF THE SENATE.

iiir. PTesident:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:
A bill to establish a dispensary in the city of Milledgeville, Georgia.
Also, a bill to create the city court of Dublin, in and for LaurJns county.
Also, a bill to incorporate the Hopeful school district, in Mitchell county.
Also, a bill to incorporate the city of Vidalia, in Montgomery county.

The following House bills were read first time:

By :Mr. 1\fulherinA bill to amend the charter of the city of Augusta.

Referred to the Special Judiciary Committee.

By Mr. ConnerA bill to protect fish in the streams of Bartow county.

Ordered engrossed.

By Mr. BrinsonA bill to regulate the sale of syrup in this State. Referred to the Committee on Agriculture.

By Mr. GeorgeA bill to provide for the removal of obstructions in the
~treams of. Morgan county.
Referred to the Special Judiciary Committee.

WEDNESDAY, DECEMBER 10, 1902.

4'39>,

By Mr. Hixon-

A bill to amend section 45 of the charter of Americus.:.

Referred to the Committee on Corporations.

By Messrs. Cann, Stovall and Hardin-
A bill to provide a time for the holding of elections in cities of 50,000 inhabitants.

Referred to the Committee on Corporations.

By Mr. Hayes-
..A bill to amend the Act establishing a system of pui>licschools in Marshallville.

Referred to the Committee on Corporations. 13y Mr. Glenn-

A bill to establish a dispensary in whitfield county.. Referred to the Committee on Temperance. By Mr. Shackelford-

A bill to cede to the United States certain lands in the city of Athens.

Referred to the General Judiciary Committee.

By :Mr. Jones-

A bill to authorize the mayor and council of Jasper toissue bonds.

Referred to the Committee on Corporations.

-440

JOUR~AL OF THE SENATE.

By :Mr. EvansA bill to establish a State depository in the city of San-
dersville.
Referred to the Committee on Banks.

By ~lr. WootenA bill to incorporate Yidalia, in Montgomery county.

Referred to the Committee on Corporations.

By Mr. Howard-
A bill to provide for the establishment of a dispensary in :Milledgeville.

Referred to the Committee on Temperance.

By Messrs. Howard and HicksA bill to create the city court of Dublin. Heferred to the General Judiciary Committee.

By :Mr. Singletary-
A bill to incorporate the Hopeful school district, m Mitchell county.

Referred to the Committee on Education.

By Mr. KnightA bill to establish the city court of Tifton. Referred to the Committee on Corporations.

WEDNESDAY, DECEMBER 10, 1902.

441

By Mr. Houston-

A bill to increase the authority of the recorder's court in certain cities.

Referred to the Special Judiciary Committee.

The following House resolution was read and concurred
1n:

By )fr. Hardeman-

A resolution to provide for an investigation to determine whether or not irrigation and drainage in this State can be successfully done.

REPORT O:E' VISITING COMMITTEE TO THE GEORGIA STATE NORMAL SCHOOL.
Mr. President and Gentlemen of the Senate:
The committee appointed to visit the State Normal .School at Athem> beg to make the following report:
At nine o'clock on the morning of the 4th inst., we arrived at the Normal and spent two hours in investigating its buildings, their conditions and needs, and in studying its plans and purposes. We did not go simply to the office of President Branson and get a report of conditions and data from him, but we made a personal inspection of the dormitories, recitation rooms, chapel, manual training shop, model school, cooking school, kitchen ,1md dining hall. Upon this careful personal examination we make our report.
The Act creating a Normal School was approved in 1891, but so light were the appropriations for three years that it was impossible to run the school more than five

442

JOURNAL OF THE SENATE.

or six weeks annually. In 1894 an appropriation of $10,000.00 was available, and April of this Y.ear marks the real organization of the State Normal. At the opening jn April, there were 23 students, 15 of them be.~ng from Clarke county and the city of Athens. In 1895 there were 178 names enrolled. During this year (1902) 691 have entered the institution to better prepare themselves for the profession of teaching. A large number of these have returned to their homes and are to-day paying the State a thousandfold on the investment made in them. There are now in actual attendance 452 students, coming from 110 different Georgia counties, and it is painful to report that 211 have been turned away because there is not room for them in the buildings. I those who were turned away could have been accommodated, no doubt every county in Georgia would now have students in the State Normal School. Of the 452 in attendance, 147 are graduates of other institutions. This speaks well for the educational spirit in Georgia, for it matters not how highly one may be educated~ the principles of pedagogy and normal training are needed to make the modern teacher. There are in the faculty of the Normal 18 members, 6 males and 12 females.
Your committee was impressed with the spirit of earnestness and devotion that possesses the student body and faculty; they are there for business and they are in earnest, but their zeal is greatly hampered by the lack of roomroom everywhere. The dormitories are so badly crowded that the students can not possibly do the best work. Every room is filled to its utmost capacity, many having five or six students in them. Some of the ladies are forced to keep their trunks in the halls for the lack of space in the rooms. Not only are the bed chambers uncomfortably fille~, but all

WEDNESDAY, DECEMBER 10: 1902.

443.

the little corners of the halls are curtained off and used for rooms. In one end of a narrow hall there is a space curtained off 5x10 feet, which a young lady is to-da,r occupying. She is sick in bed with cold, and President Branson almost censures himself for allowing her to occupy it, but it was either this or go home, and under her pleadings to. stay, he could not turn her off.
The dining room is not more than half large enough. Two tables have to be set for every meal. This is equivalent to the trouble of six meals daily, a great waste of timeand a source of much annoyance.
In the judgment of your committee no institution in Georgia is so nearly in touch with the great mass of common people in our State as is the State Normal SchooL From her benign folds and tutorships are now going annually hundreds of young men and women to the remotecorners of our rural districts, better equipped for teaching. They carry with them better thoughts, new ideas, and approved methods, thus giving our rural schools an insight to> the glories of "THE NEw EDUCATION."
The school is doing a great work, and its efforts are directed largely towards the betterment of a class of schools that have never been reached by public endeavor.
We earnestly commend this institution to the people of our State, and we beg their representatives to meet, by necessary appropriation, its every need.
Respectfully submitted. EDWARD H. McMICHAEL, Chairman.
w. G. PAR,K,
ALEX. ATKINSON.

444

JoURNAL OF THE SENATE,

REPORT OF COMMITTEE ON DEAF AND DUMB ASYLU!II.
Mr. President:
The committee appointed to examine into the affairs of the Georgia School :for the Deaf, beg to make the following report:
We find 187 pupils being cared for in the institution, of whom 147 are white and 40 colored; and we are informed by the principal that many others have applied for admission which can not be allowed on account of the fact that the institution is already crowded to its utmost capacity. \Ye find the institution, so far as the management is concerned, in all its departments and appointments, in firstclass condition, and being operated with marvelous system and upon a most economical basis. The pupils are well fed and clothed; are in good health and seem contented and happy. They are being instructed in the elementary branches of an English education, and also, to some extent, in horticulture and certain of the mechnical arts, and the progress they are making is extremely satisfactory and gratifying. One especially notable feature o the lnstruc, tion being given is that of "articulation and lip-reading," which is being taught to many of the pupils with marked success.
The moral and religious tone o:f the institution is o the hi'ghest type and is both elevating and inspiring.
The sanitary conditi0n of the institution is as good as is possible under existing circumstances. It is, however, a matter of grave concern whether or not the health of the inmates can be preserved under the present crowded condition. The dormitories are totally inadequate for the accommodation o inmates. In some instances, in the department for the whites, ten persons sleep in rooms not larger

WEDNESDAY, DECEMBER 10, 1902.

445

than 16xl6 feet, and in the colored department 20 persons sleep in a room not larger than 20x30 feet.
This condition of affairs not only rendelrs it impossible for this institution to widen the scope of its usefulness by caring for others that are seeking for admittance, but it imperils the health and well-being of the children ~lready therein.
We find that a more commodious kitchen and diningroom, and additional dormitories, with better equipments and ventilation, are sorely needed, and unless these additions are made this institution will remain as at present, handicapped and circumscribed in _the great work it is doing in behalf of the unfortunate children of Georgia.
Respectfully submitted. TNo. D. TAYLOR, Chairman.

The following resolutions were read second time:

By :Mr. ReidA resolution to authorize the Governor to borrow money
to supply a deficiency.
By ?.Ir. HoustonA resolution to make appropriation to meet the de-
ficiency in the public printing fund for 1902.

By 1Ir. CalvinA resolution to authorize the treasurer to pay the ad-
ministrator on the estate of Ron. Senator Sullivan the amount that "\vould have been due him at the end of the ses-
SlOn.
By 11r. SlatonA resolution to pay pension to :Mrs. R. W. Laird amount
Jue her husband.

446

JouRNAl. oF THE SENATE.

By :Mr. Mayson-
A resolution to appropriate $50.00 to Mrs. E. W. Stewart, of DeKalb county, amount of pension due her husband.

By Mr. Underwood-
A resolution to pay :Mary S. Jarrard a pension due her husband.

By :Mr. Dunbar-
A resolution directing the payment of pension to Mrs. Abbie Renew the amount due her husband.

By Mr. Davis-
A resolution to pay J. F. DeLacy, Solicitor-General, salary due for the quarter ending December 31, 1901.

By Mr. PrestonA resolution to pay pension of Mrs. M. L. Hattaway.

By }[r. Calvin-
A resolution looking to the improvement of the acoustics of the House of Representatives.
B.r Mr. Hall-
A resolution to pay the stenographer for the committee to consider the condition of theW. & A. R. R.
By :Mr. Field-
A bill to amend the Act incorporating the city o'f Cordele, in Dooly county.

WEDNESDAY, DECEMBER 10, 1902.

447

By Messrs. Howard and Hicks-

A bill to incorporate the town of Dudley, in Laurens c01mty.

By Messrs. Steed and Hixon-

A bill to establish a system o public schools in Bowdon, Carroll county.

By Mr. Moses-

A bill to incorporate th3 Young's Tanyard school distrist, in Coweta county.

By :Mr. Newton-

A bill to amend the charter o the town o Doerun, in Colquitt county.

By Mr. Owen-

A bill to create the Zebulon school district, m Pike county.

By Mr. Jones-

A bill to incorporate the Marble Hill school district, in Pickens county.

By Mr. Alford-

A bill to amend the Act incorporating the town o Sylvester, in Worth county.

By Mr. George-

A bill to incorporate the town o Bostwick, in Morgan county.

448

JOURXAL OF THE ~EXATE,

ByMr. Reid-
.A. bill to pay off and retire the bonds of the State when they become due.

By :Messrs. Steed and Hixon-
A. bill to amend the Act incorporating the town of Bowdon, in Carroll county.

By Mr. O'Quinn-
A bill to amend the Act establishing a system of public schools in the town of Jesup.

By :Mr. Crumbly-
A bill to prohibit the sale of intoxicating liquors in Stewart county.
By Mr. )Iaples-
A bill for the protection of fish in the streams of l.fitchell county.
By :1Ir. Shackelford-
A bill to amend the Act establishing a dispensary in Athens.

By :1Ir. Hardeman-
A bill to incorporate the city of Russell, in Jackson county.
The following House bill'l were read third time and put upon their passage:

WEDNESDAY, DECEMBER 10, 1902.

449-

By Mr. Pate--

A bill to amend the Act incorporating the tmvn of Trip~ in Gwinnett county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority, was passed.

By :Mr. CannA bill to amend and consolidate the several Acts incor-
porating Warsaw.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

By :Mr. Alford-
A bill to amend the Act establishing public schools in~ Ashburn.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional maj)rity was passed.
29 sj

450

JOURNAL OF.THE SENATE.

By Mr. GlennA bill to amend the charter of the city of Dalton.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the reguisite constitutional majority was passed.

By Mr. ButtsA bill to establish the city court of Brunswick.

Report of the committee was agreed to.

Upon the passage of the l:.ill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Bnchannon-
A bill to amend the Act incorporating the city of Blakely.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. BlackburnA bill to amend the Act providing for a new charter for
the town of East Point.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

WEDNESDAY, DECEMBER 10, 1902.

451

The bill having received the requisite constitutional ma-

jol'ity was passed.

J _d

By Mr. Evans-

A bill to amend the Act incorporating the town of Harrison, in Washington county._

Report of the committee was agreed to.

1Jpon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was assed.

By Messrs. Hardeman and Holder-
A bill to amend the Act creating the board of county commissioners of Jackson county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority \Vas passed.

By Messrs. :Morris and Mci.ainA bill to amend the charter of Austell, in Cobb county.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

452

JOURNAL OF THE SENATE.

By Mr. NewtonA hill to amend the .Act establishing a system of public
schools for the town of Doerun, in Colquitt county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. EvansA bill lo amenJ. the Act incorporating Deepstep, m
Washington county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the reg_uisite constitutional majority was passed.

By :Mr. OverstreetA bill to establish a system of public schools for the town
of Sylvania.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional rna. jority was passed.

By Mr. Cromartie-A bill to amend the Act incorporating the town of
Hazelhurst.
Report of the <>ommittee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.

WEDNESDAY, DECEMBER 10, 1902.

453

The bill having received the requisite constitutional majority was passed.

By }fr. Newton-

A bill to amend the Act establishing the city court of Moultrie.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed.

By }Ir. Evans-
A bill to amend the Act creating the city court of Sandersville.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.

By .Mr. Stovall-
A bill to cede to the United States certain lands in the city of Savannah.
Report of the committee was agreed to.
Upon the passage of the hill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

454

JoURNAL OF THE SENATE.

lly .Mr. :Fields-

A bill to amend the Act incorporating the city o Cordele, in Dooly county.

Reporto the committee was agreed to.

Upon the passage o the bill the ayes were 27, nays 0.

The bill having recei\'ed ihe requisite constitutional majority was passed.
By :Mr. Owen-
A bill to incorporate the Meansville school district, in Pike county.

Report o the committee was agreed to.

. Upon

the

passage
.

o

the

1ill

the

av" es

were

30,

nays

0.

The hill having received the requisite constitutional majority \Yas passed.

By :Messrs. Hardeman and Holder-
A bill to provide for the adding o the city o Winder to the list o St:.lte depositories.

Report o the committee was agreed to. Upon the passage o the bill the ayes were 30, nays 0.

Tho bill having received the requisite constitutional majority was passed.

By :Mr. George-A resolution to increase the salary o mayor o Madison.

Report o the committee was agreed to.

WEDNESDAY, DECEMBER 10, 1902.

456

"Upon the passage of the resolution the ayes were 27, nays 0.

The resolution having received the requisite constitutional majority was passed.

By :M:r. Howard-
A resolution providing for the improvement of the grounds around the Georgia Normal School at Milledgeville.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 26, nays 0.

The resolution having received the requisite constitutional majority was passed.

The following_ resolution was read first time:

By J\1r. :M:cLain-
A resolution for the relief of the W. & A. R. R. Company.

Referred to the Committee on W. & A. R. R.

On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

456

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, December 11, 1902.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
Mr. Park, chairmano:f the Committee on W. & A. R. R., submitted the following report:
Mr. President: The Committee on W. & A. R. R. have had under con-
:sideration the following bill of the House, which it in:structs me to report back with the recommendation that .the same do pass :
A bill to repeal the Act creating the office of special attorney for W. & A. R. R.
The committee also recommends that the following House resolution do pass:
A resolution for the relief of the W. & A. R. R. Respectfully submitted.
W. G. PARK, Chairman.
Mr. .Tordan, chairman of Committee on Agriculture, submits the following report:
]';fr. President: . The Committee on Agriculture has had under consider-

THURSDAY, DECEMBER 11, 1902.

457

ation the following bill of the House, which it requests me to report ba<>k with recommendation that same do pass:

A bill to be entitled an Act to regulate the sale of all syrups and adulterations thereof within the State of Georgia, and for other purposes.
Respectfully submitted. C. H. JoRDAN, Chairman.

The following message was received from his Excellency, the Governor, through his Secretary, :Mr. Irvin, to wit:

Mr. President:
I am directed by his Excellency, the GoYernor, to deliver to the Senate a communication in writing.

To the Senate:
i. l'espectfully return to the. Senate, without my ap-
pr-:..val, Senate bill No. 29, to change the time of the meeting of the General Afiscmbly from the fourth \Vednesday in Oetober to the fourth Wednesday in June.
8hould this bill become a law the next session of the General Assembly would convene on the fourth Wednesday in J nne, 1908, and the session thereafter on the fourth \Veonesday in .rune, 1904:. The first session c,f the succeeding General Assembly would convene on the fourth Wednesday in June, 1905. The Constitution requires thB General Assembly to canvass the returns of the election fo:r Governor and State house officers at the first session after their election. The successors of the present incumbents will be elected on the first Wednesday in Ocbher, HJ04, but under the change contemplated by the provisions of this bill the returns for this election could not be canvassed and the result declared until the fourth

458

JOURNAl~ OF THE SENATE.

Wednesday m June, 1905, thereby adding eight months to the terms of the present Governor and State house offic.-~rs. \Vhile it may be that this bill is not contrary to the letter of the Constitution, I can but fell that the extension of the present terms of these officers for a period so long as eight months is violative of its spirit.
The change will necessarily disorganize the existing fis,~al conditions of the State, as will appear from the corre3pondence between the Treasurer and myself, a copy of which is hereto attached, and in this connection I beg to call your attention to the provisions of subsection 8 of sectio 1 1H9 of volume 1 of the Code, relatin~ to the duty of the Treasurer, and which is as follows:
'He shall pay all funds pledged to the payment of the public debt, or interest thereon, or to any object of education, and to these objects only, and in nowise to any other purpose. AH payments from the treasury shall be paid from the fund appropriated for such purpose, and not from any other."
This provision of the Code, and the facts stated in the Treasurer's letter, make manifest grave financial difficulties in the way of such a change.
}'or these reasons I return the bill without my approval. J. ),f. TERRELL, Governor.

Copy of correspondence between the Governor and Tr2asurer, above referred to.

STATE OF GEORGIA, ExECUTIVE OFFICE.
Atlanta, December 10, 1902.
Hon. Robert E. Park, State Treasurer, Atlanta, Ga. DEAR Sm :-I have before me for consideration Senate
bill No. 29, which proposes to change the time of the meet-

THURSDAY, DECEMBER 11, 1902.

459

ing of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June of each year. If t}Jis bill becomes a law the next session of the General Assembly will convene on the fourth vVednesday in June,. 1903, and in view of the fact that in levying the taxes ior 1902 the expenses of only one session of the General Assembly were contemplated, I desire to ascertain from you whether the condition of the treasury during the months of June, July and August of next year will authorize the payment of the expenses of a session of the General Assembly held at that time.
Very truly yours, J. M. TERRELL, Governor.

STATE OF GEORGIA, TREASURY DEPARTMENT. Atlanta, December 10, 1902.
Hon. J. M. Terrell, Governor, Atlanta, Ga.
JJEAR SIR:-Yours of this date, stating that you desire to llSCertain from me whether the condition of the treasury during the months of June, July and August of next year, would authorize the payment of the expenses of a session of the General Assembly held at that time, is just at han<l, and I hasten to say in reply that while the probabili- ties are that we will have the funds to meet the expenses~ that they have been already appropriated for other. purpos<>s, and if used it must be at the expense of these appr0priations.
Yours very truly,
R. E. PARK, Treasurer of Georgia.
Mr. Hopkins moved to pass the bill changing the time for the meeting of the General Assembly from the fourth Wednesday in October to the fourth Wednesday in June

460

JOURNAL OF THE SENATE.

over the Governor's veto. The ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative we~-e Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Barrell,

Hightower, Hopkins, Hudson, Jordan, Mathews, McClure, McLean, McMichael, :;uerritt, Middlebrooks, Moore, Perry, Reid,

Roberts, Skelton,
Smith, Snead, Stevens, SwEat, Symons, Tisinger, Turner, Van Buren, worsham, Mr. President.

Those voting in the negative were Messrs.-

Lee,

Ledford,

Park,

TbmP- not voting "ere Messrs.--

Lewis,

Rountree,

Taylor,

Ayes 38, nays 3.
The bill passed over the veto of the Governor, and orJered immediately tra~smitted to the House.

1Ir. Hopkins, chairman of the Committee on Appropri:ations, submitted the following report:

Mr. President:
Your Committee has had under consideration the following House resolutions, which they instruct me to report back with a recommendation that they do pass, to wit:
A resolution to pay Mrs. Abbie Renew a pension of sixty Jollars due John P. Renew at time of his death.

'l'HURSDA Y, DECEMBER 11, 1902.

461

A resolution authorizing the Governor to morrow money to supply casual deficiencies.

A resolution authorizing the treasurer to pay to the administrator of the late Patrick J. Sullivan, Senator from the 18th district, the amount that would have been due him to the close of the present session of the General Assembly.

A resolution to make appropriation to meet the deficiency in the public printing fund for 1902.

A resolution to pay stenographer of committee to consider that portion of the Governor's message relating to depot of "\Y. & A. R. R.

A resolution to pay J. F. DeLacy, Solicitor-General, his salary for the quarter ending December 31, 1901.
Your committee has had under consideration the following resolution, which I am instructed to report back with the recommendation that same do not pass:

A resolution looking to the improvement of the acoustic
properties of the Hall of the House of Representatives.
Respectfully submitted,
H. ,V. HoPKINS, Chairman.

1Ir. Symons, chairman of the Committee on Enrollment, submitted the following report:

lJIr. President:
The Committee on Enrollment report as duly enrolled, 'signed by the President of the Senate and Speaker of the House of Representatives and delivered to the Governor the following Act, to wit:

462

JoURNAL oF THE SENATE.

An Act to cede to the United States the jurisdiction of this State over certain lands in the counties of Walker, Dade and Catoosa, in this State, adjacent to or in the
vicinity of Chicamanga K ational Park, and for other purposes.
Respectfully submitted,
W. F. SYMONS, Chairman.

l\Ir. Ledford, chairman of Committee on Education, submits the following report:

Mr. President:
The Committee on Education has had under consideration the following bill of the House, which it requests me to report back with the recommendation that same do pass:

A bill to be entitled an Act to incorporate the Hopeful school district, in l\Iitchell county, and for other purposes.
Hespectfully submitted, J\L L. LEDFORD, Chairman.

The following message was received from the House -through l\Ir. Boifeuillet, the Cle,rk thereof:

Mr. President: The House has passed, by the requisite constitutional
majority, the following bills of the Senate, to wit:
A bill to repeal an Act authorizing appointment of an agent to look after property of State of Georgia in Tennessee and Georgia along W. & A. R. H.
Also, a bill to provide for payment of costs and fees of special criminal bailiffs of superior and city courts.
Also, a bill to amend an Act reviving the office of State 'Geologist.

THURSDAY, DECEMBER 11, 190~.

463

Also, a bill to provide for fi.'\:ing boundaries of certain land adjacent to tidewater in this State.

The House has 2assed by the requisite constitutional majority the following Senate bill, as amended, to wit:

A bill to amend section 611 of the Code of 1895.

The Honse has concurred in the Senate amendment to the following House bills, to wit:
A bill to create a new charter for the town of Richland.

Also, a bill to create a new charter for the town of Lumpkin.
The House has passed, by the requisite constitutional majority, the following House bill:

A bill fixing the license fee for retailing intoxicating liquors in Brooks county at twelve thousand dollars.
The following House bill was read second time and recommitted to the Committee on Banks:

By :Mr. Evans-
A bill to add the city of Sandersville to the list of State depositories.
The following House bill was read second time and reeommitted to the Temperance Committee:

By Mr. Howard- To establish a dispensary in :Milledgeville. The following special order was taken up:

464

JOURNAL OF THE ~ENATE.

By Mr. Reid-

A bill to provide for the payment of taxes on all special franchi~es in this State.

The following minority report was submitted:

\Ve, the undersigned memebers of the Finance Committee of the Senate, respectfully dissent from the report of the Committee on House bill No. 272, known as the Candler franchise bill, made by a majority of the member~ of the committee present on December 9, 1902, and beg leave to submit the following report:
We do not belieYe in the passage of a measure imposing: an unlimited tax upon franchises, especially when that measure lays down no rule for the satisfactory ascertainment of the value of the franchise to be taxed, furnishes no definition of the intangible object of taxation and provides no adequate machinery for its assessment.
The measure reported was referred to this committee on Friday, December 5, and in the limited time remaining this session it was impossible to give that consideration to the bill which its vast importance and far-reaching consequences required at the hands of the comimttee.
For a bill to be considered and reported upon a hearing so meager, introducing a radical departure in the tax system of this State, ,,ithout the deliberation needed to corect its defects or to relieve the manifest injustice which its operation in its p1csent shape will work is a course which \\'e hesitate to approw.
"'hilc we fayor a just and equitable taxation of franchises, we do not belicYe that a measure affecting by its express terms e,ery chartered mercantile establishment. cotton factory, knitting mill, bank, newspaper, public utiliTy, steamboat line, and every other manufacturing,

THURSDAY, DECEMBER 11, 1902.

465

industrial or business corporation in this State should be so hastily enacted into a law. We believe that a franchise or privilege is in the nature of property, yet we do not think it is such property as ought to be taxed ad valorem, but ought to be taxed upon the equitable principle of its income or re0eipts, as we think, would be uniform and certain.
We therefore respectfully submit that this bill which inaugurates a new and radical departure in our tax laws and affects such vast and varied interests should be more deliberately considered and more carefully safeguarded.
Respectfully submitted. J. RICE S::-.UTH,
c. A. STEVENS,
T. G. Hunsox, A.- B. DuNCAN, J. G. l\IooRE,
PAuL TuRNER,
T. E. HIGHTOWER, L. L. ~IIDDLEBROKS, Members :Finance Committee.

The following amendments were adopted:

A1IEND~IENTS TO HO"C"SE BILL No. 272.
DAvis, Chairman. Amend section 1 :
1. By inserting after the word "privilege," in 5th line, the words "exercised within this State."
2. By inserting after the word "right," in 14th line, the words "exercised within this State."
3. By inserting after the word "otherwise, in 15th line,
3J sj

466

JoURXAL OF THE SENATE.

the words "whether under the laws of this or any other State."
4. By striking out the words "all corporate privileges for," in 28th and 2Dth lines.

5. By inserting after the word "business," in the 30th line, the words, "or the operation of sleeping, palace, din ing or chair cars."

6. By inserting after the word "operate," m the 31st line, the ";ord "canals."

7. By inserting after the word "bridges," in the 32d line, the words "the right to carry on the business of maintaining equipment companies, navigation companies, freight or passenger depots.

8. By striking out the word "public," in 32d line, and inserting therefor the word "special."

9. By adding after the word "privileges," in 34th line, the words "not allowed by law to natural persons or involving the performance of any public service."

Amend section 2 :
1. By striking out the "ord "and," in 4th line between the words "holding" and "owning," and inserting therefor the word "or."

2. By inserting after the word "mYning," in 4th line, the words "and exercising."

3. By inserting after the word "franchise," in 5th line, the words "or franchises."

4. By changing the word "franchise," in 10th line, to

THURSDAY, DECEMBER 11, 1902.

467

"franchises," and inserting thereafter "as exercised within the State."
5. By changing the words "franchise is," in 15th line, to "franchises are."

Amend Section 4:
1. By striking out the words "for the operation of," in 3d line, and insert in lieu thereof the words "exercised beyond the limits of one municipality or county as in the case of."
2. By striking out the words "of each of," in 6th line, and inserting the words "over which."
3. By changing the word "railroads," in 7th line, to {'railway."

4. By striking out the word "lines," in 7th line, and inserting therefor the words "franchise or other special franchises are exercised."
5. By striking out at the end of said section the words "and the number of miles of waterway by each steamboat line in each county."

Amend section 9 :
By striking all of said section after the word "contained," in 2d line, and inserting in lieu thereof "shall be held, taken or construed to exempt from taxation any franchise not enumerated in this Act."

:Mr. Hopkins moved that all debate on this bill be closed at 1 o'clock and a vote be taken at that time; on this motion the ayes and nays were ordered and the Yote was as follows:

468

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.--

Allen, Comas, Crumbley, Dodd, Davis, Duncan of 36th, Golden,

Harrell, Hopkins, Ledford, :.\IcClure, McLean, Merritt, Park,

Perry, Snead, Symons, '.risinger, Turner, Van Buren,

Those voting in the negative were Messrs.-

Atkinson, Christie, Clark, ClemenU!, Duncan of lOth, Hightower, Hudson,

Jordan, Lee, Mathews, l\Ic:.\Iichael, Middlebrooks, 1\Ioore, Reid,

Roberts, Skelton, Smith, Stevens, Sweat, Taylor, 'Vorsham,

Those not voting were Messrs.-

Lewis,

Rountree,

Ayes 20, nays 21.

Mr. Presiden1,

The motion was lost.

)fr. Howell moved that the bill under consideration be recommitt~d to the Finance Committee with instruction~ to report back to the Senate at 3 o'clock and that when the Senate adiourn it adiourn to meet at 3 o'clock, which motion prevailed.
The following House bills were read second time:

By }fessrs. Howard and Hicks-
A bill to create the city court of Dublin, in Laurens county.

THURSDAY, DECEMBER 11, 1902.

469

By :Mr. Akin-
A bill to repeal the Act creating the office of special attorney for theW. & A. R. R.

By )fr. Hixon-

A bill to amend section 45 of the charter of Amerlcul!. By :Jir. Knight-
A bill to establish the city court of Tifton.

By )[r. \Yooten-

A bill to incorpomte the city of Vidalia, in Montgomery <:ounty.
By )lr. SingletaryA bill incorporating the Hopeful school district, m
)litchell county.
By )fr. BrinsonA bill to regulate the sale of syrup in this State.
By Mr. JonesA bill authorizing the mayor and council of J 3;sper, Ga.,
to issue bonds.
J1y )lessrs. Cann, Stovall and HardinA bill to fix the time for the election of all officers in in-
corporated cities of this State with 50,000 inhabitants.
By :Jfr. Hayes-A bill to amend the Act establishing system of public
schools for )larshallville.

470

JouRNAL oF THE SENATE.

By Mr. Maples-
A bill to repeal the Act amending the charter of the town of Camilla.
Mr. Duncan, chairman of Committee on Temperance, submits the following report:

Mr. President:
The Committee on Temperance has had nuder consideration the following bill of the House, which it requests me to report back with the recommendation that same do pass:

A bill to be entitled an Act to amend the charter of the town of Camilla, in Mitchell county, and for other purposes.

The committee has also had under consideration the following bill of the House, which it requests me to report back with the recommendation that same do not pass:
A bill to ~e entitled an Act to establish a dispensary in the city of Hamilton, in Harris county, and for other purposes.
DuNCAN 36th, Chairman.
}Jr. H~dson, chairman of Committee on Pensions, submits the following report:

J.fr. President:
The Committee on Pensions has had under consideration the following resolutions of the iiouse, which it requests me to report back with the recommendation that same do pass:

A resolution appropriating fifty dollars to Mrs. E. W.

THURSDAY, DECEMBER 11, 1902.

471

Stewart, of DeKalb county, for pension due her husband a~ his death.

A resolution to pay :Mary S. Jarrad a pension due her husband at the time of his death.

A resolution to pay :Mrs. R. W. Laird pension, and for other purposes.

A resolution to pay the pension of :Mrs. Martha L. Hattaway.
Respectfully submitted. T. G. HuDsoN, Chairman.
The following House resolution was read second time:

By Mr. McLainA resolution for the relief of theW. & A. R. R. The following Senate bill was read second time :

By llr. GoldenA bill to prohibit the sale of cotton futures in this State. The following Senate bill wa,s read first time:
By Mr. DuncanA bill to fLx the age of consent in this State.

Referred to the General Judiciary Committee.

On motion, the Senate adjourned until 3 o'clock this afternoon.


472

JOUR.XAL OF THE SENATE,

The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.

On motion, the roll-call "as dispensed with. The following House bill was 'read second time:

By :Mr. Conner-
A bill to protect fish in the streams of Bartow county.
The following House bills were read third time to be put upon their passage:

By Mr. :llioses-
A bill to incorporate the Young's Tanyard school district, in Coweta county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.
The bill having recei,ed the requisite constitutional majority was passed.

By ~Iessrs. Howard and Hicks-

A bill to incorporate the town of Dudley, m Laurens county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional ~a jority was passed.


THURSDAY, DECEMBER 11, 1902.

473

By ~1r. Shackelford-

A bill to amend the Act establishing a dispensary m Athens.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having recei,,ed the requisite constitutional majority was passed.

By llfr. ::\Iulherin-

A bill to amend the charter of the city of Augusta.

This bill was read second time:

By :Mr. Geor~e--

A bill to i1ieorporate the town of Bostwick. Report of the committee was agreed to. Upon the passage of the bil~ the ayes were 27, nays 0.

The bill having receiwcl the requisite constitutional majority was passed.
By ~Ir. Crumbly-

A bill to prohibit the sale of spirituous liquors in Stew.art county.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.

. The bill having received the requisite constitutional majority '.vas passed.

474

JOURNAL OF THE SEXATE.

By Mr. Newton-

A bill to amend the charter of the town of Doerun, in Colquitt county.

Report of the committee was agTeed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. FieldsA bill to amend the Act incorporating the city of Cor-
dele.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. JonesA bill to incorporate the :Marble Hill school district, in
Pickens county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, DECEMBER 11, 1902.

475

By Mr. Alford-
A bill to amend the Act incorporating the town of Sylvester, in Worth oounty.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was :eassed.

By Messrs. Steed and Hixon-
A bill to amend the Act incorporating the town of Bowdon.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By 1vir. Owen-
A bill to incorporate the Zebulon school district, in Pike county.
Report ofthe committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

476

JOURNAL OF THE fiEXATE.

By :Jir. }1itchamA bill for the protection of fish in the streams of Clay-
ion county.
Report of the committee was agreed to.

L"pon the passage of the Lill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority ;vas passed.

]3y }lr. O'Quinn-
A bill to establish a system of public schools in the town .of Jesup.

Report of the committee \YaS agreed to. upon the passage of the bill the ayes ;vere 29, nays 0.

The bill having received the requisite constitutional majority was passed.

By }Iessrs. Steed and Hixon-
A bill to establish a system of pnblic schools in the town of Bowdon, Carroll county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes \Vere 27, na;rs 0.

The bill having receiYed the requisite constitutional majority was passed.
The follmving House bill ;vas read second time:

By )Ir. Hardeman~\ bill to incorporate the city of Russell, in Jackson.

THURSDAY, DECEMBER 11, 1902.

477

'Fhe following resolution was read and adopted:

By Mr. Snead-
A resolution to appoint a committee of two from the Sen-ate and three from the House to consider the pension laws.

Committee on part of Senate are Senators Snead and Harrell.

The following resolution was read and adopted:

By :Mr. :fifiddlebrooksA resolution extending the sympathy of the Senate to-
Senators Rountree and Lewis. The following House bill was read second time:
By l\fessrs. Slaton, Houston and BlackburnA bill to amend the charter of the town of Oakland.

By Mr. :McCurry-
A bill to amend the Act creatin!! the board of coul1ty commiRsioners for Hart county.
Mr. Duncan, chairman of Committee on Temperance, submits the following report:

Mr. President:
The Committee on Temperance has had under consideration the following bill of the House, which it requests me to report b;ck .'vith recommendation that same do pase~,
A bill to be entitled an Act to provide for the establish,

478

JouRNAL oF THE SENATE.

ment and maintenance of a dispensary in the city of Milledgeville, Baldwin county, and for other purposes.
Respectfully submitted. DGNCAN 36th, Chairman.

l\:fr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has examined the follow ing resolution, which it finds correctly engrossed and ready for transmission to the House :

A resolution to appoint a committee to examine the pres-ent pension laws and report to the next General Assembly.
Respectfull~~ submitted. A. B. DuNCAN; Chairman.

The following House bill was read second time:

By :Mr. Shackelford-

A bill to cede to the "Gnited States certain lands in the city of Athens.

The following House bill was again taken up, which is:

By 1Ir. Reid-
A bill to provide for and require the payment of taxes on all special franchises.

On motion, debate will be limited to 5 minutes, and the bill will go to a vote in one hour.

The following amendments were offered:

On the adoption of the first amendment offered by Sen-

THURSDAY, DECEMBER 11, 1902.

479

11tor Skelton, the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs,...:__

Atkinson, <Clark, Hudson, Lee,

l\Iiddlebrooks,
~Ioore,
Reid,

Skelton,
Smith, Turner,

Those voting in the negative were Messrs.-

Allen, 'Christie, 'Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, -Golden, Harrell,

Hightower, Hopkins, Jordan, Ledford, Mathews, McClure, McLean, McMichael, Merritt,

Park, Roberts, Snead, Stevens, Sweat, Symons, 'l'aylor, Van Buren, Worsham,

Those not voting were Messrs.-

'Clements, Lewis,

Perry, Rountree,

Tis Inger, llfr. President.

Ayes 10, nays 28.

The substitute was lost.

11Ir. Smith mmed to disagree to the report of the committee, and upon this motion the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

'Clark, Hudson,

Reid, Smith,

Turner, Van Buren,

480

Joun~AL oF THE SK~ATE.

Those voting in the negative were )fessrs.-

Allen, Atkinson, Christie, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden,

Harrell, Hightower, Hopkins, Jordan, Lee, Ledford, Mathews, :\IcClure, )IcLean, )fc)Iichael, )ferritt,

:Middlebrooks, :\Ioore, Park. Perry,
~kelton, ~nead,
Stevens,
~w<>at,
Symons, Taylor, "'orsham,

Those not voting "ere :Messrs.-

Lewis, Roberts,

Rountree, Tisinger,

J\1r. President,

Ayes 6, nays 33.

The motion was lost.

Upon the passage of the bill the ayes and nayg were ordered and the vote was as follows:

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell,

Hightower, Hopkins, Hudson, Jordan, Lee, Ledford, ::\Iathews, :\IcClure, 1\IcLean, )fdiichael, :Merritt, Middlebrooks,

1\loore, Park, Perry, Roberts, Skelton, Snead, Stevens, Sweat, Symons, Van Buren, 'Vorsham, Mr. President.

Tho:;c voting in the negative were :Messrs.-

Smith,

Turner,

THURSDAY, DECEMBER 11, 1902.

481

Those not voting were Messrs.-

Dodd, Lewis.

Reid, Rountree,

Ayes 36, nays 2.

Taylor, Tisinger,

The bill having received the requisite constitutional ma~ jority was passed as amended, and the amendments are as follows:

Amend section 1 by adding to said section as amended by the committffl the words "not including the mere right to be a corporation by trading or manufacturing, or other corporation exercising n:o special franchise above enumerated."

Amend section 3 by adding "and said franchises shall be taxed at the same rate as other property,_ upon the value thereof as returned, or if the value returned is not accepted upon the value as above ascertained, the said tax to be levied and collected as now provided in case of the property of railroad companies."

Amend section 5 by striking out the same and substituting the following as section 5 : "Be it further enacted by the authority aforesaid, That the valuation for taxation of such franchises in each comity and municipality, in or through which said franchise is exercised, shall be apportioned to each county and municipality as is now provided by law for the apportionment of the personal property of railroad companies."

Amend section 6 by striking the same and substituting as section 6 the following: "Be it further enacted, That the Comptroller-General shall certify to every such municipal corporation and the taxing authorities of ev~ry such county,
31 j

482

JouRNAL oF THE SENATE.

the name of every special franchise, taxable within such municipality or county, and the amount of taxes due on the same to such municipal corporation or county as now provided by law in the case of railroads.

Amend section 7 by striking out the same and substituting therefor as section 7 the following: "Be it further enacted, That the taxes due to each mu~icipality or county on such franchise shall be collected and enforced as now
provided by law in the case of other taxes due the same by
railroad companies."

Amend section 9 further by adding to the amendment already made by the committee the words "but all franchises of value not provided for in this Act shall be returned for taxation and ta..""~:ed as other property _under the present law.

Amend caption by striking out the words "all special."

Amend by adding the following section:

Sectiop.lO. Be it further enacted by the authority aforesaid, That if, when the tax, or any part of the tax, assessed on, or on account of, any franchise as defined in this Act is due and payable to, or for the use of any county, city, town or village in which the tangible property, or any part of the tangible property is located, it shall appear that the
person, partnership, association or corporation affected has paid, or is liable to pay, to such county, city, town or village for its exclusive use within the year for which such franchise tax is assessed under any agreement therefor; or under any statute, ordinance, resolution, or by law, requhing the same, any sum based upon a percentage of gross receipts, or any other income, or any occupation or privl-

THURSDAY, DECEMBER ll,-1~02.

483

lege tax or charge, or any sum of money on account o:i1 was eonsideration for, such franchise or privilege granted to or

possessed by such person, partnership, association incor-

poration, all amount~ so paid, or liable to be paid, for the

~xclusive use of such county, city, town or village, except

the money paid for the ad valorem taxes due such county,

city, town or village, on account of the tangible or physical

property located therein, shall be deducted from the por-

tion of the tax due such county, city, toWn. or village on

account of the franchise owned or possessed by such per-

son, partnership or corporation.



Mr. VanBuren, chairman Committee on State Sanitarium, submits the following report:

Mr. President:
The joint committee appointed to visit this institution have, on the part of the Senate and the House, performed this duty, and we find, after a careful inspection of all the departments connected with the care and management of this most worthy State institution, that it is most faithfully and economically administered. The welfare of the patients are closely looked after and the institution is run in a manner which is an honor to the State, and reflects great credit upon those connected therewith.
The .sub-committee appointed to investigate the books and finances of the Sanitarium, in their report say: "The wonderful exhibit made in the management of its financial affairs is such as to be a subject almost of amazement. When we consider the character of the inmates, a large majority of whom are more helpless than little babes, when first ushered into the world, and the unceasing and intelligent care which their condition demands, the per capita eost of maintaining them demonstrates the extraordinary

484

<3'ou:RNAL o'F 'i'HB S~NATB.

efficiency of its officers. We made such an examination of the books and accounts as we deemed necessary and thelimited time at our disposal warranted.
The systematic method in which all accounts are kept is. as near perfection as could be desired, and the care exercised in the making of all purchases is such as to elicit our unqualified approval and commendation.
Competitive bids are received for all SU:QPlies, and it is. strictly required that samples shall, in every instance, accompany the bids. Contracts are awarded to the lowest and best bidders in every ~nstance, and the greatest care is. exercised to see that the articles not only come up fully tc. samples, but that the weights and measurements are absolutely correct. In .common with the citizens of our State . we feel a just pride in this noble institution, and no enconiums which we could bestow upon the board of trustees and the efficient corps of officers and employees; could express in fitting terms the tribute which their labors de- serve."
Your committee further recommend that in view of the large number. of patients now awaiting admission, that no spirit of parsimonious economy should actuate the General Assembly in making suitable provisions for these most un-fortunate people.
Respectfully submitted. J. R. VAN BuREN, Chairman..
The following House bills were read second time:
By Mr. McCurry-
. A bill for the construction of a dam across the Savannah-
nver.
By Mr. Houston-.
lt bill to increase the authority of the recorder's court in. this State.

THURSDAY, DECEMBER 11, 1902.

485

l3y Mr. George-

A bill to provide for the removal of obstructions from the streams of Morgan county.

The Senate recedes from its amendment to Hous~ bill No. 248, which is a bill to create a board of county conimissioners for Rockdale county.

The following House bill was taken up with adverse report from the committee and read second time:

By lfr. Stanford-

A bill to establish a dispensary m Hamilton, Harris county.

Mr. Christie moved to disagree to the report of the committee, and on this motion the ayes and nays were ordered and the vote was as follows:

Those voting iq the affirmative were Messrs.-

Christie, Clark, Crumbley, Golden, Harrell, Hightower, Hudson, Jordan,

r~ee,
McClure, Merritt, Middlebrooks, Moore, Park, Reid, Roberts,

Skelton, Stevens, Sweat, Symons, Taylor,
'l'u~:ner,
Worsham,

Those voting in the negative were Messrs.-

Atkinson, Clements, Comas, Duncan, of 36th, Davis,

Hopkins, Ledford, Mathews, McLean, McMichael,

Perry, Smith, Snead, Yan Buren,

486

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Allen, Dodd, Duncan of lOth,

Lewis, Rountree, Smith,

Tisinger, Mr. President.

Ayes 23, nays 14. The motion was carried.
Mr. Davis, Chairman of the Committee on Finance; submits the following report:

Jfr. President:
The Committee on Finance has had under consideration the following bill of the House, which it instructs me to report back with the recommendation that it do pass as amended:

A bill to levy and collect a tax for the support of the State government and the public institutions, and for other purposes.
Respectfully submitted. WM. H. DAvis, Chairman.

Mr. Tisinger, chairman Committee on Special Judiciary, submits the following report:

Mr. P1esident:
The Committee on Special Judiciary has had under consideration the following bill of the House, which it instructs me to report back with the recommendation that it do pass:
A bill to be entitled an Act for the construction of a dam or dams across the Savannah river for the purpORes of

THURSDAY, DECEMBER 11, 1902.

487

manufa<.~tnring, trade or comlllercial purposes, and for other purposes.
Respectfully submitted. SKELTON, Acting Chairman.

The following mess11ge was received from the House through Mr. Boifeuillet, the Clerk thereof:

!rlr. President:
The House has concurred in the following Senate amendments to the Appropriation Bill:

Amendments Nos. 1, 7, 10, 12, 14.

The House amends the Senate amendment No. 3.

The House refuses to concur in the following Senate amendments:

NOS. 2, 4, 5, 6, 8, 9, 11, 13, 15, 16, 17, 18, 19.
The House has passed by the requisite constitutional majority the following Senate bill:
A bill to establish a system of public schools in Fort Gaines.

The following House bill was read third time and put upon its passage:

By Mr. Reid-

A bill to levy and collect a tax for the support of the State government.

The following amendments were adopted:

Amend section 1 by striking out all of paragraph A.

4:88

JouRN.A.L oF THE SElU.TE.

Amend section 2 by striking out the four last lines of the section containing the proviso; also paragraph 14, by striking out "$500.00" and inserting "$250.00 ;" also by striking out "$200.00" and inserting therefore "$100.00 ;" also by striking "$150.00" and inserting "$75.00 ;" also by striking "$100.00" and inserting "$50.00."

Amend section 2 paragraph 16, by striking therefrom "$300.00" and inserting "$200.00." Amend section 2, paragraph 16, by inserting after the word "sold," in 2d line of 10th page, the words "upon each steamboat in which spirituous or malt liquors are sold within this State and upon each social or fraternal club in which spirituous liquors are sold or dispensed, $200.00 ;" and upon each buffet or dining or palace-car upon which spirituous liquors are sold, $10.00; provide that the payment of such tax shall not be held to authorize the sale of such liquors in any county or municipality in which such sale is prohibited by law."

Amend section 2, paragraph 18, by striking out "1,500.00," and inserting therefor "$1,000.00."

Amend section 2, paragraph 23, by striking out all that part of said paragraph which taxes coca-cola, and the like.

Amend section 2, paragraph 29, by striking "$50.00," and inserting "$25.00" therefore; also strike "$25.00," and inserting "$15.00" therefore.

Amend section 2, paragraph 30, by striking '$50.00," and inserting "$100.00."

Amend by adding to se.ction 10, "that nothing in this section shall be construed to tax local manufacturers of automobiles."

THUllSDAY, DECEMBER 11, 1902.

489

Amend section 11 further by striking "$25.00," as tax on typewriters, typewriting material, agents of cash rep;isters, calculating weighing scales, and insert therefor "$10.00."

Amend by striking out all of section 18.

Amend section 9 by inserting after the word "section," in the 14th line, the words "together with all taxes on the franchises of said person or corporation," and after the word "county," in the 20th line, "including all taxes on franchises."
Report of the committee, as amended, was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
The following House resolutions were read third time and put upon their passage:

By Mr. Davis-
A resolution to pay J. F. DeLacy $62.50, amount due him.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and naJFl were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clements.

Comas, Crumbley, Davis,

Duncan, of 86th, Golden, Harrell,

490
Hightower, Hopkins, Hudson, Jordan, t.ee. Ledford, Mathews, McClure,

JOURNAL OF THE SENATE.

McLean, McMichael, llerrltt, Middlebrooks, Moore, Perry, Reid,

Snead, Stevens, Sweat, Symons, Turner, Van Buren, Worsham,

Those not voting were }fessrs.-

Allen, Clark, Dodd, Duncan of lOth, J,ew'ls,

Park, Roberts, Rountree, Skelton,

Smith, 1'aylor, Tisinger, lir. President.

Ayes 31, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Underwood-

A resolution to pay to Mrs. Mary S. Jarrard pension dueher husband.
Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays. were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Comas, Crumbley, Davis, Duncan of 36th,

Golden, Harrell, Hightower, Hopkins, Hudson, Jordan, Lee,

Ledford, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks,

THURSDAY, DECEMBER 11, 1902.

491

Moore, Perry, Reid, Smith,

Snead, Stevens, Sw:at, Symons,

Taylor, Turner, Van Buren, Worsham,

Those not voting were Messrs.-

Clark, Clements, Dodd, Duncan of lOth,

Lewis, Park, Roberts, Rountree,

Skelton, Tisinger, Mr. Presiden.t.

Ayes 32, nays 0.

The resolution having received the requisite coristitu, tional majority was passed.

By Mr. Mayson-
A resolution appropriating $50.00 to Mrs. E. W. Stewart, of DeKalb county, pension due her husband.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and na.1s

were ordered and the vote was as follows :

,

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Comas, Crumbley, Davis, Duncan. of 36th, Harrell, Hopkins,

Hudson, Jordan, Lee, Ledford, Mathews, McClure, McLean, McMichael, Middlebrooks,

Moore, Perry, Reid, Smith, S!!ead, Stevens, Symons, Van Buren, Wcrsham,

JoURNAL OF THE SENATE.

Those not voting were Messrs.-,-

Clements, Dodd, Duncan of lOth, Golden, Hightower, Lewis.

Merritt, Park, Hoberts, Rountree, Skelton,

Sweat,
Taylor, Tisinger, Turner, Mr. President.

Ayes 28, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. PrestonA resolution to pay pension of Mrs. l\Iartha L. Hatha-
way.
Ueport of the committee was agreed to.

Upon the passage of the resolution the ayes and nay!, were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Comas, Crumbley, Davis, Duncan of 36th, Golden, Harrell, Hopkins,

Hudson, Jordan, Lee. Ledford, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks,

Moore, Park, Smith, Snead, Ste,ens,
Sweat,
Symons, Taylor, Van Buren, Worsham,

Those not voting were 1\Iessrs.-

Clements,

Dodd,

Duncan of lOt;b.,

THUBSDAY, DECEMBER 11, 1902.

493.

Hightower, Lewis. Perry, Reid,

Roberts, Rountree, Skelton,

Tlslnger, Turner, Mr. Presiden.t,

Ayes 31, nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Reid-

A resolution authorizing the Governor to borrow $200,000, if necessary.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, Christie, fJlark, Clements, Comas, Crumbley, Davis, Duncan. of 36th, Golden,
Harre~l,

Hopkins, Hudson, . Jordan, Lee, Ledford, Mathews, McClure, McLean,
McMi~hael,
Merritt,

Middlebrooks, Moore, Park, Smith, SteYens, Sweat, Symons, Taylor, Van Buren, Worsham,

Those voting in the negative were Messrs.-
Perry,

Those not voting were Messrs.--

Dodd, Duncan of lOth,

Hightower, Lewis.

Reid, Roberts,

494 '
Rountree, Skelton,

JOURNAL OF THE SENATE.

Snead, Tisinger,

Turner, Mr. Preslden.t.

Ayes 31, nays 1.

The resolution having received the requisite constitutional majority was passed as amended, and the amendment is by striking the word "October."

By Mr. Hall-
A resolution to pay the stenographer for the committee to investigate the W. & A. R. R.
On motion, this resolution was tabled.

By !Ir. Houston-

A resolution to make appropriation to meet the deficiency in the printing fund for 1902.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote :was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements,. Crumbley, Davis, Duncan. of 36th, Golden, Harrell, Hopkins,

Jordan, Lee, Ledford, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, Park,

Perry, Smith, Snead, Stevens, Sweat, Symons, Taylor, Turner, Van Buren, Worsham.

THURSDAY, DECEMBER 11, 1902.

495

TLose not voting were :Messrs.-

Comas, Dodd, Duncan o! lOth, Hightower,

Hudson, Lewis. Reid, Roberts,

Rountree, Elk elton, 'l'isinger, Mr. President.

Ayes 31, nays 0.

The resolution having received the requisite constitutional majority was passed.

:By Mr. Calvin-
A resolution to pay the administrator on the estate of the late Senator P. J. Sullivan, the a~ount that would have been due him for this session.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clements, Crumbley, Davis, Duncan of 36th, Golden, Harrell, Hopkins,

Jordan, Lee. Ledford, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore,

Park, Perry, Reid,
~mith,
Snea.ll, Stevens,_ Sweat, Symons, Van Buren, Worsham,

Those not voting were Messrs.-

Clark, Comas, Dodd, Duncan o! lOth, Hightower,

Hudson, Lewis. Roberts, Rountree, Skelton,

Ayes 30, nays 0.

Taylor, Tislnger, Turner, Mr. President, .

496

JotrBN..U, 011' TB 8EltAT:&

The resolution having received the requisite constitutional majority was passed.

By Mr. Dunbar-
A resolution directing the Governor to draw his warrant for $60.00 in favor of Mrs. Abbie Renew, amount of pension due her husband.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nay:s were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atk.lnson, Christie, Clark, Clements, Davis, Duncan of 36th, Golden, Harrell,

Hopkins, Hudson, Jordan, Lee. McClure, McMichael, Merritt, Middlebrooks, Moore,

Park, :Skelton, Snead, Sweat, Symons, Taylor, Val! Buren, "-'orsham,

Those not voting were Messrs.-

Comas, Crumbley, Dodd, Duncan of lOth, Hightower, Ledford,

Lewis, Mathews, McLean, Perry, Reid, Roberts,

Rountree, Smith, Stevens, Tisinger, Turner, l\Ir. President,

Ayes 26, nays 0.

The resolution having received the requisite constitutional majority was passed.

THURSDAY, DECEMBER 11, 1902.

497

By Mr. Slaton-

A resolution to pay Mrs. R. W. Laird pension due her.

Report of the committee was agreed to.

lipon the passage of the resolution the ayes and nays

were ordered and the vote was as follows: _



Those voting in the a:fllrmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Crumbley, Davis, Duncan, of 36th, Golden, Harrell, Hopkins,

Hudson, Jordan, Lee. Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore,

Reid, Skelton, Snead, Stevens, Sweat, Symons, Taylor, Turner, Van Buren, Worsham,

Those not voting were Messrs.-

Comas, Dodd, Duncan of lOth, Hightower, Ledford,

Lewis, Park, Perry, Roberts,

Ayes 31, nays 0.

Rountree, Smith, Tisinger, Mr. President.

The resolution having received the requisite constitutional majority was passed.

By Mr. Calvin-
A resolution looking to the improvement of the acoustics of the House of Representatives.
32 sj

498

JouRNAL oF TB~ s~sAT&

The report of the committee was adverse to the passage Qf the resolution.
This report was agreed to and the resolution was lost.

By :Mr. ReidA resolution-to pay off and retire the bonds of the State
as the~mature.
Report of the committee was agreed to.
Upon the passage of the resolution the a;res and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, CleTJlen ts, Crumbley, Davis, Duncan of 36th, Golden, Harreil,

Hopkins, Hudson, Jordan, Lee. Mathews, McClure, McLean, McMichael, Middlebrooks,

Moore, Reid, Smith, Snead, Stevens, Symons, Taylor, Van Buren, Worsham.

Those not voting were Messrs.-

Comas, Dodd, Duncan of lOth, Hightower, Ledford, Lewis,

Merritt, Park, Perry, Roberts, Rountree,

Sweat, Skelton, Tlsinger, Turner,
Mr. President.

Ayes 28, nays 0.

The resolution having received the requisite constitutional majority was passed.

The following House bill was taken up in which the House refuses to concur in Senate amendments:

THURSDAY, DECEMBER 11, 1902.

499

By Mr. Davis-

A bill to appropriate money for the support of the State government for the years 1903 and 1904.

The Senate refuses to recede from any of its amendments; there is an explanation to amendment No. 17.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President: The House refuses to concur in Senate amendment to
following House resolution:

A resolution to appropriate $15,000 for repairing Capitol building.

The House concurs in Senate amendment to following House bill:

A bill to establish city court of Jefferson.

The House refuses to concur in Senate amendment to following House bill:

A bill to create a board of commissioners for DeKaTh county.

The following message was received from the House through Mr. Boifeuillet1 the Clerk thereof:
Mr. Prc.<;ide.nt:
The House refuses to reood from its non-concurrence in the several amendments to the Senate to the Appropriatio!l Bill No. 159, and appoints as a Conference Committee Messrs. Davis, Hall, Reid.

500

JOURNAL OF THE SENATE.

The following House resolution was taken up in which the House refuses to concur in Senate amendments :

By Mr. Steed-
A resolution to appropriate $15,000.00 to repair the Capitol building.
Mr. Howell moved that the Senate recede from its amendment, and this ~otion was carried.
The following is the committee appointed to confer with the House on Senate amendments to the Appropriation Bill: Senators Hopkins, Davis and Comas.
The following House bill was taken up with Senate amendments, in which the House refuses to concur:

By Messrs. Candler and Mayson-
A bill to create a board of county commissioners of DeKalb county.
Mr. Turner moved to insist on the amendment, and that a ~onference committee be appointed to confer wjth House committee.
The President appointed on this committee SenatorsTurner, Worsham and Merritt.
On motion, the Senate adjourned until to-morrow morn ing at 10 o'clock.

FRIDAY, DECEMBER 12, 1902.

601

SENATE CrrAMBER, ATLANTA, GEoRGIA, Friday, December 12, 1902.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

Upon motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
Mr. Perry, chairman of the General Judiciary Committee, submits the following report:

Mr. President:

The

General

Judiciarv ~

Committee

has

had

under

co. n-

sideration the following bill of the House, which it in-

structs me to report back with the recom:rnendation that it

do pass:

A bill to cede to the United States of America jurisdiction over certain land in the city of Athens, Georgia.
Respectfully submitted. H. H. PERRY, Chail'lllan.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Jfr. P1esident:
The House has refused to concur in any of the Senate amendments to the following House bill:

A bill to require payment of taxes on all special franchises, and for other purposes.

502

JOURSAL OF TilE SENATE.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

.M1. President: The House has passed by the requisite constitutional ma-
jority the following bills of the Senate.J-to wit:
A bill to change time of holding superior court in Northeastern Judicial Circuit.

Also, a bill to add Swainesboro, Georgia, to list of State

depositories.

.

Also, a bill to amend the Act incorporating the town of Midville.
The House has passed by the requisite constitutionaJ majority the following Senate bill, as amended, to wit:

A bill to incorporate Forsyth school district, in Monroe county.

The House has passed by the requisite constitutional majority the following Senate resolutions, to }!it:

A resolution to erect upon the Capitol grounds a monument to the memory of the late Lieutenant Thomas M. Brumby.

Also, a resolution to reimburse this State in certain Indian war claims.

Mr. Christie. chairman of the Committee on Banks, submitted the following report:
]:[r. PTesident: The Committee on Banks has had under consideration

FRIDAY, DECEMBER 12, 1902.

503

the :!Jllowing House bill, which it instructs me to report with the recommendation that the same do pass:

A bill to amend section 982, volume 1 of the Code, so as to add Sandersville, Washington county, to the list o State depositories.
R~spectfully submitted. S. R. CHRISTIE, Chairman,
Mr. Middlebrooks, chairman of the Committee on Cor~ porations, submitted the following report:

!Jfr. President:
The Committee on Corporations has had under consideration the following bills of the House, which it requests me to report back with recommendation that same do pass:

A bill to be entitled an Act to incorporate the city p:f

Vidalia, and for other purposes.

'

A bill to be entitled an Act to fix the time for the elec- tions of all officers of incorporated citi~s, and for other purposes.

A bill to authotize the mayor and council of the town of Jasper, Geor,gia, to issue bonds, and for other purposes.

A bill to amend an Act to establish a system of public schools in Marshallville, Geo_rgia, so as to provide for a president. -
A bill to amend section 45 of the charter of the city of .Americus, and for other purposes.
A bill to be entitled an Act to establish the city court of Tifton, in the city of Tifton, Berrien county, and for other purposes.

504

JOURNAJ. OF THE SENATE.

The committee has also had under consideration the following bill of the House as amended, which it requests m" to report back with recommendation that same do pass:

A bill to be entitled an Act to incorporate the city of Russell, in the counties of Jackson and Walton, and for other purposes.
~espectfully submitted. MIDDLEBROOKS, Chairman.

lfr. Tisinger, chairman of the SR_ecial Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following Senate bill, which it instructs me to report with the recommendation that the same do pass:

A bill to amend Act approved December 21, 1899, pro-
viding for the holding of the several city courts in this
. State by the various city court judges thereof.
The committee ha~ also had under consideration the following House bills, which it instructs me to report with tii.e
recommendation that they do pass:

A bill to amend the charter of the city of Augusta.

A bill to authorize construction of dams across the Savannah river for manufacturing, trade or commercial purposes.

A bill to amend Act creating a board of commissioners of roads and revenues in the county of Hart.
A bill to provide for the removal of obstructions, except dams, in Morgan county.

FRIDAY, DECEMBER 12, 1902.

505

The committee has also had under consideration the following House bills, which it instructs me to report with the recommendation that they do not pass:

A bill to repeal an Act to create a board of commission-ers of roads and revenues for the county of Walton.

A bill to amend the Act to establish a dispensary in :Buena Vista, :Marion county, Georgia.
Respectfully submitted. B. L. TISINGim, Chairman.
l\fr. Middlebrooks, chairman of the Committee ~n Cor- porations, submitted the following report:
.Mr. President:
The Committee on Corporations has had under consideration the following House bill, which it instructs me tote-port with the recommendation that the same do pass as amended:
A bill to amend the charter of the town of Oakland City.
Respectfully submitted. MIDDLEBROOKs, Chairman.

:Mr. Sweat, chairman pro tern. of the Special Judiciary 'Committee, submitted the following report:
)}fr. President:
The Special Judiciary Committee has had under consideration the following House bill, which it instructs me io report with the recommendation that the same do not :pass:

506

JouRXAL oF THE SEXA'l'E.

A bill to repeal an Act to establish the city court of Clarkesville.
Respectfully submitted. F. L. SwKAT, Chairman pro tern.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

]fl-. President:
The House refuses to concur in Senate amendment in following House bill:
A bi1l to create a board of commissioners of roads and revenues for DeKalb county, and appoints following Conference Committee: Messrs. :Mason, Underwood, Booth.
The House has read the Governor's vetD message on Senate bill, known as summer session bill, and has passed samenotwithstanding the veto by a vote of 128 to 37.

The following message was received from the Housethrough Mr. Boifeuillet, the Clerk thereof:

Mr. Prcside11t:
The House insists upon its non-concurrence in the Senateamendments to the special franchise tax bill, and appoints the following Conference Committee: Messrs. Candler, Aiken, Reid.

The following House bill was taken up with Senateamendments, in which the House refuses tD cDneur:

By Mr. ReidA bill to levy a special tax on franchises.

FRIDAY, DECEMBER 12, 1902.

607

The Senate refuses to recede from its amendments, and

asks for a Conference Committee.



The committee on part of Senate are Senators Davis, Perry and Skelton.

The following Senate bill was taken up with House amendments, and the.same were concurred in:

By Mr. TisingerA bill to amend section 691 of volume 3 of the Code.

The House amendments to the following Senate bill was concurred in:

By Mr. WorshamA bill to incorporate the Forsyth school district.

The following House bills were read third time to be put upon their passage :

By Mr. BrinsonA. bill to regulate the sale of syrup in this State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Slaton, Houston and BlackburnA bill to amend the charter of the town of Oakland.

Report of tne committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

.:{)08

JOURNAL Ol!' THE SENATE

The bill having received the requisite constitutional majority was passed as amended: Section 3. It is further enacted that the provisions of this Act shall become effective 'Only after the proposition to increase the tax rate of said corporation, as indicated, has been submitted by the city council of Oakland to the qualified voters of said munici-pality with reasonable notice of election, and after said proposition to remove the tax rate has received the aftlrm, :ative rate of two-thirds of said qualified voters who vote at such election, the vote of said two-thirds of the qualified voters cast in favor of the provisions of this Act shall make this Act effective. Amend further by changing repealing section.
By Mr. StanfordA bill to establish a dispensary in Hamilton, Harris
county.
This bill was tabled.
By Mr. Akin-
A bill to repeal the Act creating the office of special attorney for the W. & A. R. R.
Report of the committee was agreed to.
L"pon the passage of the bill the ayes were 23, nays 0.
The bill having received the requisite conatitutional majority was passed.
J3y Mr. HixonA bill to amend section 45 of the Act incorporating the
-city of Americus.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.

FRIDAY, DECEMBER 12, 1902.

509,.

The bill having received the requisite constitutional ma-jority was passed.

By Messrs. Booth and Lawrence-

A bill to repeal the Act creating the board of countycommissioners of Walton county.

The report of the committee was adverse to the passage of the bill.

The report was agreed to and bill was lost.

By Mr. Evans-
A-bill to amend section 982 of the Code, so as to add Sandersville to the list of State depositories.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, na;rs 0.

The hill having received the requisite constitutional m!ljority was passed.

By Mr. Knight:A bill to establish the city court of Tifton.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. SteedA bill to protect Confederate soldiers in this State. On motion, this bill was tabled.

.fHO

JouRNAL oF THE SE:SATE.

By }lr. Payton-
A bill to abolish the city court of Clarkesville, in Habersham county.

The report of the committee was adverse to the passage of the bill, and on agreeing to this report the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative wete Messrs.-

Christie, Clark, Clements, Crumbley,
Duncan ot 36th,

Hightower, Hudson, Merritt, Middlebrooks, Park,

Snead,
Sw~at,
Tisinger, Van Buren, Worsham,

Those voting in the negative were Messrs.-

Allen, Atkinson, Dodd, Davis, Golden, Harrell, Jordan,

Lee, Ledford, Mathews, McClure, McLean, McMichael, Moore,

Perry, Skelton, Smith, Stevens, Symons, Taylor,

Tho~~ not voting were Messrs.--

Comas,
Duncan ot loth,
Hopkins,

Lewis. Reid, Roberts,

Rountree, Turner, Mr. President.

Ayes 15, nays 20.

The report of the committee was disagreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote was as follows:

FRIDAY, DECEMBER 12, l902.

611

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, Clark, Clements, Dodd, Duncan of lOth, Duncan. of 36th, Golden, Harrell,

Hudson, Jordan, Lee, Ledford, Mathews, McClure, McLean, McMichael,

Moore, Perry, Skelton, Smith, Stevens, Symons, Taylor, Tisinger,

Those voting in the negative were :Messrs.-

Christie, Hightower, Merritt,

Park, Reid, Snead,

Sweat, Van Buren,. Worsham,

Those not voting were :Messrs.-

Comas, Crumbley, Davis, Hopkins,

Lewis, Middlebrooks, Roberta,

Rountree, Turner, Mr. President,

Ayes 26, nays 9.

The bill having received the requisite constitutional majority was passed.

.By Mr. MulherinA bill to amend the charter of the city of Augusta. Report of the committee was agreed to. Upon the passage of the bill the ayes were 27, na;ys 0. The bill having received the requisite constitutional ma-
jority was passed.

512

JoURNAL oF THE SE~ATE.

By Mr. Hardeman-
A bill to incorporate the city of Russell, in Jackson county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

By Mr. connerA bill to protect fish in the streams of Bartow county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Howard-
A bill to establish a dispensary for the sale of whisky in Milledgeville.

Report of the committee was agreed to.'.

Upon the 2assage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

By :Mr. Wooten-:A bill to incorporate the city of Vidalia. Report' of the committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0.

FRIDAY, DECEM:BJ!:R 12, i902.

513

The bill having received the requisite constitutional majority was passed.
By Mr. Maples-

A bill to repeal the Act amending the charter of the town of Camilla, in the county of Mitchell.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed:

By Mr. Singletary-
A bill to incorporate the Hopeful school district, m Thomas county.
Repo!1 of the committee was agreed to.
Upon the.Passage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.
The following Senate resolution was read and adopted:
By :Mr. Perry---:-
A resolution appointing a committee to investigate the feasibility of allowing the Secretary of State and judges of the superior court.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof :
83 oj

514

JOURYAL OF THE SEN.ATE.

M"r. President:
The House has passed by the requisite constitutional majority the following House resolution, to wit:

A resolution to investigate offices of all State officials, and for other purposes.
Mr. Turner, chairman of the Conference Commit~ on the part of the Senate, having under consideration House bill No. 150, submitted the following report:

Mr. President:
The Conference Committee appointed on the part of the Senate and of the House, having under consideration House bill No. 150, report that they have agreed to the amendment offered by the Senate.

The c6mmittee pro.Poses to amend as follows: By striking out the word "January," in the second line of the lOth section of said bill, and insert therein the word ."February." Also, amend further by adding at the end of said section 10 the following words: "The last registration list made for the last general election shall be taken as a test as to who shall be entitled to vote at said election.
Iwspectfully submitted. TGRNER, Chairman.
This report was adopted.

Mr. Jordan, chairman of Committee on Agriculture, submits the following report:

Mr. President:
The Committee on Agriculture has had under consideration the following bill of the Senate, which it instructs

FRIDAY, DECEMBER 12, 1902.

515

me to report back with recommendation that same do pass by substitute:
A bill to he entitled an Act to prohibit the sale of cotton futures in this State, and for other purposes.
Respectfully submitted. C. H. JORDAN, Chairman.

House bill No. 471 was tabled.

The following House bills were read the third time to be put upon their passage:

By Mr. McCurry-
A bill to. amend the Act creating the board of county commissioners of Hart county.
. Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.
By Mr. Jones..:_
A bill to authorize the town council of Jasper to issue . bonds.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was pasaed.

516

JoURNAL OF THE SENATE.

By Mr. Shackelford-
A bill to cede to the United States certain lands in thecity of Athens.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Hayes-
A bill to amend the Act establishing a system .of publicschools in Marshallville.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

lly Mr. McCurry-
A bill to provide for the construction of dams across theSavannah river.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cann, Stovall and HardinA bill to fix the time for the election of all officers in
incorporated towns of 50,000 inhabitants.
Report of the committee was agreed to.

FRIDAY, DECl!lMBER 12, 1902.

517

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

The following is the report of the Penitentiary C~mmit tee:

Mr. President:
Y ~ur General Committee on Penitentiary, as provided by law, and through its verious subcommittees, have visited the various felony convict camps in the State and made a .eareful inspection of the same.
'Ve find, without an exception, the camps in good saui.tar,v condition and the convicts well clothed and fed.
As far as the committee could determine by careful in:Spection, the wise provisions of the laws as to the management, eontrol and employment of the convicts, are fully .eoruplied with.
vVe find, however, that there are natural difficulties, in the matter of underground mining, in preserving conditions always favorable to the health and life of convicts employed in the mines. To meet these diftlcult conditions, _your c0mmittee thinks that the services of an expert should .always be available to the prison commission.
In view of the manifest neces~ity that exists therefor, looking to the preservation of health and life in the mines where many of the convicts are nowconfined, this committee heartily endorse the suggestion made by the prison commission of this State, in their recent report made to the General Assembly, as follows: That the office of inspector -of mines be created, said inspector to be an expert in the matter of sanitation in connection with underground min-

518

JoURNAL oF THE SENATB.

ing; and that provision be made by law for th.e payment of such inspector, out of the net hire of convicts.
Respectfully submitted.
GoRDON LEE,
Chairman General Penitentiary Committee.

The following ~essage was received from the Houf!!6 through Mr. Boifeuillet,. the Clerk thereof:

Jfr. Pres-ident:
The House recedes from its non-concurrence to Senate amendment and adopts the report of the Conference Committee, and amendment of said committee on a bill to create a board of commissioners of roads and revenues for the county of DeKalb.

By unanimous consent House bill No. 389, which has just passed the Senate, to abolish the city court of Clarkesville, be returned to the Senate to make soine corrections.

The following resolution was ado:eted:

By Mr. Middlebrooks-
A resolution fixing 6 o'clock p.m., December 12, 1902, as the hour of adjournment.

At 12 :30 the Senate went into executive session.
The following bill was taken up, which the Senate passed this morning for the purposes of amending. The bill is to abolish the city court of Clarkesville.
The bill was reconsidered and recommitted to the General Judiciary Committee.

FRIDAY, DECEMBER 12, 1902.

519

The following message was received from the House through Mr. Boifeuillet, t]le Clerk thereof:

M1. President:

The House has passed by the requisite constitutional majority the following House resolutions, to wit:

A re~;olution for completion of unfinished business of this session.

Also, a resolution that a statement of the unfinished business of the present session be sent members of the General Assembly.
The following resolutions were read and adopted:

B_v, Mr. Welborn-
A resolution directing the Clerk of the House and Secretary of Senate to send a list of the unfinished business of the session.
By Mr. Wellborn-
.lt resolution for the completion of the unfinished business of the present session.

The following Senate bill was read third time and put upon its passage:

By :M:r. Golden-
A bill to prohibit the sale of cotton futures in this State.
This bill was tabled and made special order for second day of next session.

520

JouRNAL o:r THE SENATE.

REPOHT OF CONFERENCE COMMITTEE ON APPROP.RIATION BILL.
That the Senate recedes from all its amendment reiative to the Georgia State Sanitarium, regarding appropriations to the Sanitarum and its officers, provided the House agrees to amend section 4, line 20, by striking out "three hundred and ten," and inserting in lieu thereof "three hundred and twenty-five thousand dollars."
That the committee recommend that the House amendment be withdrawn and that the Senate recedes from its amendment (Senate amendment No. 3.)
That in regard to Senate amendment No. 4, and amend-. ment No. 11, and amendment No. 18, that the Conference Committee fails to agree and asks your further consideration.
That in regard to Senate amendment No. 5, the Conference Committee recommends that the House recedes from its non-concurrence.
Senate amendment No. 6:
The Conference Committee 'recommends that the Senate recedes from its amendment.
Senate amendment No. 8 : .
The Conference Committee recommend that the Senate recedes from its amendment relative to the Soldiers' Home.
The Conference Committee recommends that the Senate recede from its amendment No. 15, relative to tne State Geol()gist.

FRIDAY, DECEMBER 12, 1902.

521

&nate amendment No. 16:
The Conference Committee recommend that the Senate recedes.

Senate amendment K o. 17:
The Conference Committee asks that the request of the Senate t<O the House be concurred in relative to Colonial, Revolutionary and Confederate Records.

:Senate amendment No. 19 :
The Conference Committee recommend that the House 7ecede from its non-concurrence.
HoPKINS, DAVIS AND CoMAS, on part of Senate. DAvis, HALL A~D STOVALL, on part of the House.
Conference Committee.

This report was adopted.

Senators Middlebrooks, Hudson and Harrell, were appointed as a second Conference Committee on appropriation bill.

The follrving House resolution was read third time to he put upon its passage:

By Mr. McLainA resolution for the relief of the W. & A. R. R.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 25, nays 0.

The resolution having received the requisite eonstitut.ional majority was passed as amended: Provided, however, that the provisions of this resolution shall not becom~

622

JoURNAL OF THE SENATE.

operative until said provision~ have received the approval of the mayor and two-thirds of the city council of said municipality.

On motion, the Senate adjourned until 3 :30 o'clock.

The Senate was called to order at 3:30 o'clock by thePresident.

On motion, the roll-call was dispeused with.

The following message was received from the Housethrough Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has concurred in the following Senateamendments to the House bill, known as the general tax
bill, Nos. 6 and 13; has non-concurred in Nos. 1, 2, 3, 4, 7,.
8, 9, 10, 11 and 12, and has concurred in amendment No. 5 as amended.

The Senate refuses to concur in the House amendment to amendment No. 5 of the general tax act.

Conference Committee on part of Senate are Senators. Smith, Van Buren and Lee.

The fellowing resolution was taken up and put on it passage:

By Mr. Hall-
A resolution to pay the stenographer for the committeeto investigate the W. & A. R. R.
Report of the committee was agreed to.

FRIDAY, DECEMBER 12, 1902.

523

Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen. Atkinson, Christie, Comas, Dodd; Davis. Duncan, of 36th, Harrell, Hightower,

Hopkins, Hudson, Lee, Ledford, Mathews, McLean, McMichael, Merritt, :Moore,

Park, Roberts, Snead, Stevens, 8ymons, Tisinger, Van Buren, Worsham,

Those not voting were Messrs.-

Clark, Clements, Crumbley, Duncan of lOth, Golden, Jordan.

Lewis, McClure, Middlebrooks, l'erry, Reid. Rountree,

Skelton, Smith, Elwcat, 'l'aylor, Turner, Mr. President.

Ayes 26, nays 0.

The resolution having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House declines to recede from its attitude on the bill known as the general tax bill, and appoints the following Conference Committee: Messrs. Reid, Mulherin and Phillips of Je:fferson.
The following House resolution was read first time:

JouRNAL OF THE SENATE.
By :Mr. Hall-
A resolution to require the joint Finance Commi,ttee to investigate the different departments of the State during recess.
Referred to the Committee on Finance.
The following message was received from the House ;through :Mr. Boifeuillet, the Clerk thereof:
~Ir. President: The House has agreed to the following items on the re-
port of the Conference Committee on the appropriation bill: Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, and disagreed to item No. 1, and appoints following Conference Committee:
:Messrs. Steed, Flynt: Hawes.
The following message was received from his Excellency, the Govemor, through his Secretary, Mr. Irvin:
Mr. President: I am directed by his Excellency, the Governor, to deliver
to the Senate a sealed communication, to 'Yhich he respectfully invites the consideration of your honorable body in -executive session.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional ma-
jority the following Senate bills, to wit:
A bill to authorize extension of street and suburban rail:. roads to extend road into adjoining ~tates.

]fRIDAY, DECEMBER 12, 1902.

525--

A bill to authorize street or suburban railroads in this-
Stat'e to increase their capital stock.

The following Senate bill was passed by substitute, hav-ing received requisite constitutional majority:

.A bill to amend sections 1840 and 1841 of the Code of" 1895.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has passed by the requisite constitutional majority the following Senate bill:

A bill to amend section 2117, in regard to corporate powers of insurance companies.

The followin~ Senate bill, not having received the requisite constitutional majority, was lost:

A bill to inquire into the present Gi'ty and countyadoptions of text-books in this State.

The fol1owing- House bill was taken from the table and put upon its passage:

By Mr. Stanford-
A bill to establish a dispensary in the town of Hamiltonr
. Harris co1mty. Report of the committee was agreed to and the bill was lost. Ayes 23, nay~ 2.
The following report was submitted by the Conference Committee on part of Senate on the tax act:

526

JouRNAL oF THE SENATE.

Mr. President:
Your Conference Committee appointed to confer with the House committee on House bill No. 272, beg leave to rep,ort that they have recommended that the House agree to all the Senate amendments, except we further recommend the adoption of the following amendments to section 10:

Amend Senate amendment numbered 8, and made section 10 of the bill:

1. By striking out the words "sum of money," in the 13th line, and substituting therefor the words "other annual charge."

2. By insertin~ after the words "consideration for,:' in the 13th line, the words "the exercise of."

3. By im.erting between the word "corporation" and the words "all am01mts," in .the 15th line, the word "from."

4. By inserting after the word "village," in 18th line, the words "for the exercise of such franc}_lise.'

5. By striking out the word "from," in line 19, where it

occurs, between the words "shall be deducted," and the

word "portion."

Signed.

DAvis, PERRY AND SKELTON,

Committee on part of Senate.

The report was adopted.
Mr. Harrell, chairman on part of Senate in Conference Cc.mmittee with House committee on the appropriation bill, submits the following report:

FRIDAY, DECEMBER 12, 1902.

527

Mr. President:
We recommend that the House recede from its disagreement to the Senate amendment No. 11. Also, that the House recede from its disagreement with Senate amend.meut No. 4, and that the Senate recede from its amendment appropriating $2,500 to the college at Thomasville; and that the House re~de from its disagreement to the Senate amendment No. 5, relative to providing for the assistant messenger for the Senate, and also recommend that compensation be provided for three gallery-keepers and five assistant doorkeepers for the House for the years 1903 and 1904.
Respectfully submitted. J.D. llARREJ.J,, Committee on part of Senate. W. E. STEED, Chairinan House Committee.

Report was adopted.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President: The House has passed by the requisite constitutional ma-
jol'ity the following Senate bills: .
A bill to reduce compensation of treasurer of the county of Wilkinson.
A bill to add the city of Pelham to list of State depositories.
A bill to incorporate the town of Merrillville, in Thomas county.
.A bill to establish a dispensary in the city of LaGrangE'~.

528

JouRNAL oF THE SE..~ATE.

The House has passed by the requisite constitutional majority the followilli! Senate bill as amended:

A bill to amend thl'l charter of the city of Thomasville.
The following message was received from the House thJ ough Mr. Boifeuillet, the Clerk thereof:

JIr. President:
The following House resolution not having received therequisite constitutional majority was lost:

A resolution to investigate the practicability of granting dty charters or amendments by Secretary of State orjudge;; uf superior courts.

Tbe following House bill not having received the requisite <'lff,stitutional majority was lost:

A bill to make penal the adulteration of turpentine offered for sale.

The following Senate bill was taken up, which had been passed by the House by substitute:
By Mr. Mc:Michael-
A bill to amend sections 1840 and 1841 of the Civit Code of 1895.
The substitute was adopted.
The following Senate bill was taken up with House amendment, and the amendment was concurred in:

By Mr. Hopkins-

A bill to amend the charter of the city of Thomasville..

The amendment is as follows :



FRIDAY, DECEMBER 12, 1902.

629

Amend by striking out the word "clerk" wherever it occurs in the caption.

Amend section 1 by striking the word "clerk."

On motion, the Senate adjourned until8 o'clock to night.

The Senate met pursuant to adjournment at 8 o'clock, and was called to order by the President.

On motion, the roll-call was dispensed with.

Mr. President:

Your committee of conference on part of the Senate, in

connection with a similar committee on the part of the

House, have had under consideration the matters of differ-

ence between the Senate and House on House bill No. 179,

known as the General Tax Act, and beg to submit the fol-

lowing report:



That the House committee recommends that the House recede from its disagreement to Senate amendments as follows, to wit:

1. Paragraph A. In reference to franchise clause, as franchise bill is passed.
4. In reference to liquor dealers.

7. In reference to coco-cola and like beverages.
10. In reference to franchise tax on telephone and telegraph companies.

12. In reference to cash registers, etc.

And we recommend, in pursuance to such agreements,
34 sj

530

JOUR:SAL OF THE SENATE.

that the Senate recede from its amendments as follows, to wit:

2. In reference to industrial life insurance.

3. In reference to circus companies.

8. In reference to baseball parks.

9. In reference to ticket brokers.

11. In reference to automobile manufacturers.

We further report that the Senate Committee refused to concur in amendment offered by House to amendment No. 5, and House Committee refused to agree to said amendment 5, and as a compromise the joint committee recom- . mend the adoption by the Senate and House of the following as a substitute for said amm~dment No. 5, to wit:

By inserting after the word "sold," in second line of

page 10, section 2, paragraph 16, "upon each social or

fraternal club in which spirituous, malt or intoxicating

liquors are sold or dispensed-two hundred dollars for each

place of business-and upon each person, firm or corpora-

tion owning or operatinp; a steamboat or boats, and upon

each company or corporation owning or operating buffet,

dining or palace cars in which spirituous, malt or Intoxicating ~iquors are sold .or dispensed-two hundred dol-

lars; provided, that the payment of said tax shall not be

held to authorize the sale of such liquors in any county or

municipality in which said sale is prohibited by law."

Respectfully submitted.

J. RICE SMITH, J. R. VAN BuREN,

GoRDEN LEE,

Committee on Part of the Senate.

FRIDAY, DECEMBER 12, 1902.

0~,1

The following is the report of the committee appointed to visit the State University:
Mr. President:
The undersigned, appointed as a sub-committee from the committee on the University of Georgia and its branches, to visit the University proper and the Normal School at Athens, beg leave to report with regard to the former institution as follows: Within the limited time at our disposal, your committee did not attempt to examine with any detail the academic work of the several schools or departments of the University, but devoted most of our time to the examination of the newbiuldings erected with the money appropriated at the last session of the General Assembly and to inquire into the equipment and work of the School of Agriculture.
Of the new buildings, one is a dormitory, splendidily constructed, affording accommodations for eighty young men.
The fact that it is full of occupants, without emptying the old dormitory, show~ the necessity for such a building.
The other new building is a dining hall, which was named by the trustees Denmark Hall, and in this building -one hundred and fifty young men obtain board on the co-oper~tive plan at $8.00 per month. Already there are more applications for seats in this dining hall than can possibly be accommodated with the present equipment. It is man,aged by a member of the faculty, without compensation, and we will say managed splendidly.
We found that the building formerly known as Philosophical Hall has been thoroughly renovated and set apart as Agricultural Hall, and for the exclusive use of this department.
The lower :floor contains a modern and complete equip-

332

JouRNAL oF .rHE SENATll:.

ment for dairying and in this school in January, February and March of the present year we were informed that twenty young nien were taught dairying, theoretically and practically. The upper floor contains a lecture room, well equipped with modern seats, desks and charts for the purpose of teaching and illustrating lessons in agriculture.
This department is in charge of Prof. J. M. Johnson, who seems to be thoroughly in earnest and well equipped for his profession in every way.
By enquiry we learned that he was born and reared on a farm, and is now living upon and conducting the work on the University farm.
We believe that the instmction given is both theoretical and practical. The department has also at its disposal seven acres of lan.d situated on the University grounds and on this they conduct experiments and illustrate plant growth on the intensive system of farming and in our opinion a great deal of good can and will be accomplished on this line.
Respectfully submitted. ALEx ATKINSON, Chairman. E. H. McMICH.A.EL,
w. G. PARK.

The following message was received from the House through Mr. BoifeuiHet, the Clerk thereof:

M1. President:

The House refuses to recede from its position on Senate'

amendment No. 11, to appropriation bill, and appoints fol-

lowing conference committee:



Messrs. Grice, Mitchell, West.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

FRIDAY, DECEMBER 12, 1902.

633

Mr. President:
The House has concurred in Senate amendment to the following House bill,. to wit:
The House refuses to concur in Senate amendment to the following House resolution:

A resolution for relief W. & A. R. R.

The following message was received from the House

through Mr. Boifeuillet, the Clerk thereof:

\

Mr. President:

The House concurs in Senate amendments to the follow-

ing House bills :

\

A bill to amend charter of Oakland City.

A bill to incorporate the city of Russell, in Jackson oounty.

The House has passed, by the requisite constitutional majorit.y, the following House bill:

A bill to establish city court of Dublin.

The conference committee on part of the Senate on the

\

amendment known as the amendment to the public prop-

erty fund in the appropriation bill are Senators Turner,

Van Buren and Christie.

The Senate reef'des from its amendment to the following House resolution:

13y Mr. McLainA resolution for the relief of the W. & A. R. R.

534

JOURNAL OF THE SENATE.

The following message was received from the House through Mr. Boifeuillet, the Clerk therof:

Mr. President: The House has concurred in the following Senate resolu-
tion:

A resolution to appoint Senators and Representatives to visit the College of Agriculture and Mechanical Arts at Athens.
"The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House agrees to all Senate amendments to franchise tax bill except amendment No. 10, and appoints following conference committee:

Messrs. Ge9rge, Hall, Slaton.
The conference committee on the part of the Senate to confer with the House committee on Senate amendment No 10, to the franchise bill are:

Senators Dodd, Smith.and McMichael.

Senator Turner, chairman of the conference committee on part of the Senate to confer with a similar committee from the House on Senate amendment to the appropriation bill, No. 11, submits the following report:

Mr. President:
Your committee met with the conference committee of the House and after a conference with committee of House,

FRIDAY, DECEMBER 12, 1902.

535

your committee failed to agree and recommend the appointment of a new conference comittee.
Respectfully submitted. TuRNER, Chairman.

The folowing is the second committee appointed to confer with committee from the House on Senate amendment No. 11, to the appropriation bill.

Senators .Tordan, Symons and I..ee.

The following message was received from the House through Mr. Boifeuillet, the Clerk therof:

Mr. President:
The House has agreed to the report of the conference committee on the general tax bill, except as to amendments Nos. 4 and 7, and appoints the following committee:

:Messrs. Overstreet, Howard of Baldwin, and Shackelford.
The following me~sage was received from the House through Mr. Boifeuillet, the Clerk therof:

Mr. P1esident:

The House refuse!'~ to recede from its position on the ap-

propriation bill and appoints the following new conference

committee :

'

Messrs. Calvin, Bower, Felder.
The following message was received from the House through Mr. Boifeuillet, the Clerk therof:

Mr. President:
The House has passed, by the requisite constitutional majority, the following Senate bill:

536

JouRNAL OJ' .THE SENATE.

A bill to incorporate the town of Atwater, m Upson county.
The following message was received from the House through Mr. Boifueillet, the Clerk thereof:
Mr. President:
The House refuses to recede from its position on the franchise tax bill, and appoints the following conference committee:
.Messrs. Can, Knowles, Wilson.
Mr. Dodd, chairman of the Conference Committee to confer with a similar committee from the House on Senate amendment to section 10 to the franchise bill, reported that they were unable to agree, and asked that a new Conference Committee be appointed.
Mr. Hopkins moved that the Senate recede from its amendment, known as amendment to section 10.
On this motion the ayes and nays were ordered .and the ...-ote was as follows :

.Those voting in the affirmative were Messrs.-

Allen, . Christie, Clements, Comas, Davis, Duncan of 36th,
Golden,

Harrell, Hightower, Hopkins, Jordan, Ledford, McClure, McLean,

McMichael, Merritt, Park, Perry, Snead. Stevens,

Those voting in the negative were Messrs.-

Atkinson,

Clark,

Dodd,

FRIDAY, DECEMBER 12, 1902.

537

Hudson, Lee. Mathews, .Middlebrooks, Reid,

Skelton, Smith, 8ymons, Taylor,

Tlsfnger, Turner, Van Buren, Worsham,

Those not voting were Messrs.-

oCrumbley, Duncan of lOth, Lewis.

Moore, Roberts, Rountree,

Sweat, 1\lr. President.

Ayes 20, nays 16.

The motion to recede was adopted.

The following message was received from the House -throughMr. Boifueillet, the Clerk thereof:

.Mr. P1esident:
The House refuses to recede from its position on the appropriation bill, and appoints following Conference Committee: Messrs. Hardeman, Baldwin, Shannon.

The House also refuses to recede from its position on the general tax bill and appoints following Conference Committee: J\iessrs. Hayes, Hixo:r;t of Sumter, Blackburn.
Mr. President:
Your committee from the Senate appointed to confer with a similar committee from House in regard to amendments Nos. 4 and 7, pertaining to tax on liquor dealers and coca-cola, and other like syrups, beg leave to report that we nave been una,ble to agree, and recommend that the Senate insist upon its amendments. \Ve further recommend that :a new Conference Committee be appointed.
W. G. PARK, Chairman for Senate Committee. \

538

JOUBNAL OF THE SEXATE.

Mr. President:

Your Conference Committee appointed to meet a similar

committee appointed from the House of Representatives to

consider section 11 of the general appropriation act, relat-

ing to use of the public property fund, beg leave to make

the following report:

After full conference the committees from the House

and Senate fail to agree, and this committee asks that it be

discharged.

HARVIE JORDAN, Chairman.
w. F. SYMONS,

GoRDON LEE.

The committee from the Senate to confer with House committee on appropriation bill are Senators Perry, Snead and Atkinson.

The committe from the Senate on the tax bill are Sen~.tors Hightower~ Hudson and Harrell.

Mr. Hudson, chairman of the committee on the part of

the Senate to confer with a similar committee from the

.

I

House on the Senate amendment to the tax ac~ relative to

coco-cola, reports :

'I hat the House recede from the whisky tax and that the Senate amend ito;; amendment relative to ooco-cola, and other syrups, by making the taX $400.00.
Respectfully submitted.
T. G. HunsoN, Chairman Senate Committee.
R. B. BLACKBURN, Chairman House Committee-

The report was agreed to.

The following message was received from the House through Mr. Boifueillet, the Clerk thereof:

FRIDAY, DECEMBER 12, 1902.

539

Mr. President:
The House agrees to the report of the Conference Committee on the bill of the House, known as the general tax bill.

The following message was received from the House through Mr. Boifueillet, the Clerk thereof:

Mt. Ptesident: The House has passed bv the reauisite constitutional ma-
jority the following Senate bill:
A bi11 to ameud section 752 of the Penal Code.

Resolution extending the thanks of the Senate to the following officers were adopted : The President, President pro tern., Secretary and Assistants, Doorkeeper and :Messenger and Postmistress.

The following resolution was read and adopted:

By Mr. Hopkins--

A resolution providing that all unfinished business of the Senate be carried over until next session.

The following message was received from the House through Mr. Boifueillet, the Clerk thereof:

Mr. President:
The House refuses to recede from its position on the appropriation bill, and appoints the following Conference Committee: Messrs. Rainey, :McLain, Hicks.

The following message was received from the House through Mr. Boifneillet. the Clerk thereof:

-MO

JouRNAL OF THE S~NA.TE.

Mr. President:
The House recedes from its position on the House bill, known as the appropriation bill.

The following Senate bill was taken up with House :amendments, and the amendments were concurred in:

By Mr. ComasA bill to amend section 752 of the Penal Code.

The amendments are by substituting for the word "''county" the word "judge," and by striking the words in the 12th line "and," before the word "judge." Amend further by striking the words in 29th and 30th lines as follows: "Or city court judge," and substituting the following: "County judge or city court judge."

The fullowing resolution was read and adopted:

By ~Ir. TisingerA resolution adjourning the General Assembly sine die. This resolution was withdrawn.

The following message was received from the House through Mr. Boifueillet, the Clerk thereof:
Mr. President:
The House has adopted the following House resolution, in which the concurrence of the Senate is asked, to wit:

A resolution J>roviding for the payment of certain pages, and for other purposes.

FRIDA~, DECEMBER 12, 1902.

541

The following message was received from the Housethrough Mr. Boifueillet, the Clerk thereof:

Mr. President: The House has concurred in the Senate amendments to-_
ihe following House bills, to wit:
A bill to amend section 642, volume 3 of the Code o:f 1895.
A bill t0 amend an Act to provifle for inspectors of roadsand bridges.
A bill to establish the city court of Waynesboro, in and for the county of Burke.

_A bill_ to provide for the removal of obstructions of all. kinds from the streams of Hall county.

A bill to amend an Act to incorporate the town of Bow-don.

The House has also concurred in the Senate amendments to the following resolution of the House, to wit:

A resolution authorizing the Governor to borrow money to supply casual deficiencies.

}lr. Symons, chairman of the Commtitee on Enroliment, submitted the following report:

Mr. President:
The Committee on Enrollment have examined and found correctly enrolled and ready for the signature of the President of the Senate and Speaker of the House, the follow-ing Acts, to wit:

~42

JOURNAL OF THE SENATE.

An Act to incorporate the town of Atwater, in Upson eounty.
An Act to amend an Act to establish the city court of Douglas.
An Act to authorize the Governor to require the At~ torney-General to perform the duties as special attorney of W. & A. R. R.
An .Act to amend section 982 of the Code, by adding the <lity of Pelham to the list of State depositories.
An Act to amend the charter of the city of Thomasville.
An Act to amend the Act establishing the dispensary in I.aGrange.
An Act to authorize street or suburban railroads to extend their lines into other States.
An Act to fL.,. and prescribe the boundaries of land adjacent to or covered by, or bordering on the tide-waters of this State.
An Act to amend an Act reviving the office of State -Geologist.
An Act to amend an Act entitled an Act to amend section 7G2 of the Penal Code.
An Act to amend 8ection 4315 of the Code of 1895.
An Act to change the time of holding the superior courts -of Union county.
An Act to increase the number of terms of the superior <Jourt.of Richmond colmty.

FRIDAY, DECEMBER 12, 1902.

543

An Act to amend section 691 of volume 3 of the Code.

An Act to amend an Act incorporating the town of Midville.
An Act to repeal an Act authorizing the Governor to appoint an agent to look after the property of the State along the line of the W. & A. R. R .
.An Act to amend an Act incorporating the town of Newton, in Baker county."

An Act to authorize street or suburban railroad companies to increase their capital stock.

.An Act to incorporate the town of Merrillville, m Thomas county.

An Act to repeal an Act entitled an Act to reduce the compensation of the treasurer of Wilkinson conn~.

An Act to alter and amend section 2017 of the Code of 1895.

An Act to provide for the payment of costs and fees of special' bailiffs of the superior and city courts.

An Act to incorporate the Forsyth school district.

An Act.to reorganize the military forces of this State.
An Act to incorporate the town of Chester, in Dodge county.
An Act to amend sections 1840 and 1841 of the Civil Code of 1895.
An Act to establish a system of public schools for the city of }..,ort Gaines.

544

JOURNA:L OF THE SENATE.

An Act to amend section 982 by adding the city of Swainesboro to the list of State depositories.

Also, the following resolutions :
A resoluti~n to authorize the Brumby Association to erect a monument on the Capitol grounds. .

A resolution requesting our representatives in Congress to have the United States reimburse this State certait::. amount paid during the Indian war.
A resolution to appoint a committee to visit the College of Agriculture and Mechanic Arts at Athens.
Respectfully submitted. W. F. SYMONS, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The following Acts have been signed by the President of the Senate and Speaker of the House, and are ready'for the signature of the Governor, to wit:.

An Act to incorporate the town of Atwater, in Upson county.

An Act. to amend the Act establishing the city court of Douglas.

An Act to authorize the Governor to require the At-

torney-General to perform the duties of special attorney for

W. &A. R. R.



FRIDAY, DECEMBER 12, 1902.

545

An Act to amend section 982 of the Code, by adding the city of Pelham to the list of State depositories.
An Act to amend the charter of the city of Thomasville.
A.n Act to amend an Act establishing the di~pensary in LaGrange.
An Act to authorize street and suburban railroads to extend their lines into other States.

An Act to fL-.;: and prescribe the boundaries of land adjacent to or covered by, or bordering on, the tide-waters of this State.

An Act to amend an Act reviving the office of State Geologist.
An Act to amend an Act entitled an Act to amend section 752 of the Penal Code.

An Act to amend section 4315 of the Code of 1895.
An Act to change the time for holding the superi'>r courts of Union county.
An Act to increase the number of terms of th" superior court of Hichmond county.

An Act to amend section 691 of volume 3 of the Code.
An Act to amend the Act incorporating the town of Midville.
An Act to repeal an Act authorizing the Governor to appoint an agent to look after the property of the State along the W. & A. R. R.
35 sj

546

JOURNAL OF THE SENATE.

An Act to amend the charter of the town of Newton, in Baker county.

An Act to authorize street and suburban railroad companies to increase their capital stock.

An Act to incorporate the town of :Merrillville, m Thomas county.

An Act to repeal an Act to reduce the compensation of

tl1e treasurer of Wilkinson county.

-

An Act to alter and amend section 2017 of the Code of 1 ~W5.

An Act to provide for the payment of costs and fees of 1i1pecial bailiffs of the superior and city courts.

An Act to incorporate the Forsyth school district.

An Act to reorganize the military forces of this State.

An Act to incorporate the town of Chester, in Dodge county.

An Act to amend sections 1840 and 1841 of the Code of 1895.

An Act to establish a system of public schools in Fort Gaines.

An Act to amend section 982 of the Code, by adding the ('ity of Swainesboro to the list of State depositories.

Also, the following resolutions:

A resolution to authorize the Brumby Memorial Association to erect a monument on the Capitol grounds.

FRIDAY, DECEMBER 12, 1902.

547

A resolution requesting our representatives in Congress to have the United States reimburse this State for certain L1dian war claims.

A resolution appointing a committee to visit the College of .Agriculture and Mechanic Arts at Athens.
Respectfully submitted. W. F. SYMONS, Chairman.

The following message was received from the House through !r. Boifeuillet, the Clerk thereof:

11!r. President:
I am directed by the House to notify this branch of the General Assembly that the House has completed the busitEss of the present session, an is now read to adjourn :Jine die.

On motion, the Senate adjourned sine die.

INDEX
TO THE
SENATE JOURNAL
FOR THE
YEAR l902.

INDEX.

SENATE BILLS.

ADJOURNl\IENT

547

BANKS-
A bill to provide for examination of private 1banks by State ban'k examiner . . . . . . . . .. . 87 204
A bill to require all <Chartered banks to be kept open five hours each day for the transII,qi;i'on of business ................. 121 204 206

CODE AJ\IENDMEN'TS-
A bill io amend section 1570 of the Code relative to purchase of fertilizers ...... 67 136 145
A bill to repeal section 397 of volume 3 of Code. . . . ...................... 67 115 128 132
A 'bill to amend section 982 of Code by adding Baxley <to State Depositories .......... 69 103 121
A bill to 'amend section 4313, volume 2 of Code . . . .......................... 69 103 307
A bill to amend section 691, volume 3 of
Cdde . . . ...................... 73 100 129 507 A bill to amend section 982 of Code by adding
La'Fayette to list of State Depositories ... 76 103 122 A bill to amend ~ction of Code relrutive to
gambling houses . . . . . . . . . . ......... 89 306 333

552

INDEX.

CODE AMENDMENTS-Continued.

A bill to amend section 1105 of volume 3 of

the Code ........................... 94 100 128

A 'bill to amenJd section 401 of volume 3 of the

Code . . . ....................... ... 95 148 172

A bill to amend section 812 relative to tax

returns of corporations, companies, persons,

etc...... :. . . . . . . . . . . . . . . . . . . . . . . . . . .

120

A bill to amend section 2180, volume 2. Cor-

pom:tion control of suburban railways .. 130 168 184

A hill to amend se'0tion 982 of volume 1 by

adding Swainsboro to list of State Deposi-

tories. . . . ........................ 139 168 184

A bill to amend seotion 2412, volume 2 ... 139 149 172

A 'bill to amend section 2809. . . . . . . . . . . . . .

151

A bill to amend section df Code 1541, rela,tive

to election la'Ws, and relative to petition for

prohibition elootions . . . . . . . . . . ..... 151 196 285

A bill iJo repeal secth:m: 2349 of the Code, and

alter and a:mend sectiO'Il 2350 -of the same..

151

A hill to amend section 4315 of Code, relative

to removal -of restriction of holding more

than two term:s of Superior Court in each

county . . . . . . . . . . ................. 155 168 182

A hill to 3!Illen'd section 311 of Code, which

provid~s punishment for pe:rSons attempting

the rescue of prisoneTS .............. 158 168 183

A bill to amend section 2615 of Code, regu-

lating the hours of labor in factories. . . . . . 173 223

A bill to amend sect.ion 2167 of the Code, rel-

attive to railroads ....................... 186 205

A bill to amend section 752, relative to trans-

fer of indictments from Superior to County

Courts . . . . . . . . . . ............. 207 383 410 540

A bill to amend section 982, to add Pelham to .

list of State Depositories ............ 220 224 236

INDEX.

553

CODE AMENDMENT~Continued.

A rbill to amend se'Cti'On 942 of Code relative to

criminal docket . . . . . . . . . . . . . . . . . . . . . . .

226

A bill to amend paragraph 1, section 5269 of

Code. . . . . .......,. . . . . . . . . . . . . . . . . . .

270

A bill to amend section 1354 of Code. . . . . . . .

320

A bill to amend section 422, volume 3 of Code.

330

A hill to a:menrd section 767, V'olume 1 of Code

338

A bill to amend section 2167, relative to

powers of R:ailromd Oommission. . . . . . . . . .

338

A oill to amend section 780, volume 1, relative

to franchise taxation ...... ~............

356

A bill to amend sections 1840 and 1841 of the

Code . . . . . . . . . . .............. 385 402 436 528

COMMITTEES, SPECIAL-

Cdnrmittee to select Chruplain. . . . . . . . . . . . . .

6

Committee to notify Governor of organization

7

Commiftee to arrange for Inaugural Cere-

moillies ..........,. . . . . . . . . . . . . . . . . . . .

8

Commit1tee on Constitutional Amendments...

67

Committee to alttenld funeral of Senator Berry.

71

Committee to investigate Lease System. . . . . .

75

Committee on Stwte University. . . . . . . . . . . .

77

Committee to assign committee rooms......

89

Committee to notify Senator Clay of invita-

tion to address General Assembly. . . . . . . . .

94:

Committee to investigate necessary repairs on

Capitol. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

Committee appointed on Joint Finance C'Om-

mittee.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

Committee appointed to prepare resolutions on

the death of Senator Sullivan............

126

Committee to visit State University Com-

mencement. . . . . . . . . . . . . . . . . . . . . . . . . . .

262

554

INDEX.

COMMIITEES-SPECIAL-Omtinued.

CQillmittee to visit Agricultural College at

Athens ........... ; . . . . . . . . . . . . . . . . . .

2'19

Committee to consi'der Pension La.ws. . . . . . . .

4'l"l'

Committee to confer with the House on Amend-

ments to the Appropriakion Resolution .... 500 521 533 535 538
Committee w coofer with House on Board!

Coun;ty Commissioners of DeKallb. . . . . . . .

500

A ConfereiJ.Ce Committee on Franchise Bill __ 507 534

Conferen!ce CQillmittee on General Tax Act.. . 522 538

CO)IMITTEES, SPEOIAL REPORTS-

RepOT!t of commitltee to notify the Governor of

organization . . . . . . . . . . . . . . . . . . . . . . . . . .

8

Report 'Of committee to arrange for inaugural

cerem'On:ies . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

Report of committee to visit convict camp....

328

Report of committee to visit Georgia State

Normal School. . . . . . . . . . . . . . . . . . . . . . . .

441

Reportt of committee of Deaf and Dumb

Asylum..............................

444

Report of the Sanitarium Committee________

483

Report of conference committee on bill to

ereate board of commissioners for DeKalb

county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

514

Report of Penitentiary comm~ttee. . . . . . . . . .

51 'l'

Repor.t of COD'fe.rence committee on Appropria-

tion hill . . . . . . . . . . . . . . . . . . . . . . . 520 526 534 538

Report of conference committee on General

Tax Act . . . . . . . . . . ............ 525 529 53'1 538

Report of special committee to visit State Uni-

versity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

531

Reporl of conference committee on franchise

bill . . . . . . . . . . ....... . . . . . ........... 534 536

Committee additions .......... 126 130 131 220 234

Committees, standing . . . . . . . . . . . . . . . . . . .

'18

INDEX.

555

COMMITTEES, STANDING-

Report of Gneral Judifciary Commibtee.91 97 133 142 162'

177 190 230 280 304 366 400 591

Report of COillllll'ittee on Finance .......... 96 165 203 274

345 422 486

Report of Committte on Education ... 99 140 282 291 304 328 373 389 426 462'

Report of Engrossing Committee.. 102 125 135 153 164 176

188 202 240 290 310 327 345

367 377 395 424 425 437 478

Reports of Committee on: Banks .. 102 133 165 179 221 244

256 303 326 372 401 502

Repol'ts of Special Judiciary Committee... 104 118 134 175 189 202 242 256 273 310 325 342 344 399 410 425 428 486 503 505

Report of State of the Republic Committee.......

132

Repoli of Mines -and Mining Committee. . . . . . . . . .

134

Report of Committee on Agriculture ......... 135 272 343 422 456 514

. Repol't of Committee on Temperance ...... 141 191 208 303

365 423 470 477

Report of Committee on W. & A. R. R. ........ 141 274 456

Report of Committee on Constitutional Amendments.163 177

Repor;t of Oommittee on Corporations ..... 178 185 222 241 242 255 267 271 325 328 342 343 358 373 390 391 392 427 503 505

Repol't of Hygiene and Saruitation. . . . . . . . . . . . . . . 179 258

Repol'ts of Railroad Connnilttee .......... 180 221 338 401

Report of Penitentiary Commitltee ............ 192 240 271

Report of Immigration and Laibor. . . . . . . . . . . . . . . 207 358

Report of Mili't'ary Affairs Commi.ttee. . . . . . . . . . . .

243

Report o1 Committee on Enrollment .. 256 270 302 324 409 409 418 461 541 544

Report of Committee on Public Property. . . . . . . . . .

272

Report of Committee on Pensions ............ 307 424 470

Report of Committee on Blin'd Asylum...........

348

Report of Committee on Appropriations .......... 402 46()

556

INDEX.

COMMUNICATIONS66 88 96 117 132 162 169 180 188
207 250 258 279 306 323 419 457 524

CONSTITUTIONAL AMENDMENTS-

A Bill-To amend paragraph 2, section 11, of Consti-

tution.. . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

-To amend paragraph 2, section 2, article 7,

of the Constitution, relative to poW13r of

rtaxation by General Assembly...........

73

To alter and -amend aorticle 8, secticn 4, para-

graph 1, of the Constitution .......... 87 100 169

To amend paragraph 1, section 1, al'lticle 7, of

the Constitution, which relates to widows'

pensions. . . . ....................... 156 185

TQ amen:d article 7, section 1, of t'he Consti-

tution, so as. to limit annual t:ax rate to five

mills on the d:ollar. . . . . . . . . . . . . . . . . . . .

17 4

COUNTY COMMISSIONERS-
A Bill-To amend the Act creating a Board of County Commissioners for H~lll'cack county ... 127 136 146

COUNTY OFFICERS-

A Bill-To make it unlatwful to hunt upon the lands

of aoot,her in Columbia counlty without

written consent of owner ............ 121 136 147

Requiring Ordinary to attest and approve

official bonds in the counties of State. . . .

204

To repeal the Act to :reduce the COilllpm;a-

tion of the Treasurer of Wilkinson county,

and to fix compensation for mher officers .. 251 270 308

INDEX.

557

COUN'TY COURTS-
A Bill-To :repeal the county court of Marion . . . . 76 115 12~
>
CITY COURTS-

A Bill-'l'o repeal the city court of Hall county ..... 101 136

146 403

To repeal an Act to amend the Act esta!blish-

ing city cou:r:t of Hall coUilfty, so fuat so1ici-

tor-general of Northeas.t Circuit shaill not

be ex officio solicitor of said! city coorl. . . .

250

m To repeal Act esta:blishi"ITg city court Mt.

Vemon, Montgomery county ........ 320 348 364

To amen'd the Act esta'blishing city c<mrt of

Dougl-as . . . ...................... 333 348 365

To ame:ad the Aot providing for holoding of

city courts by other city court judges . . . . .

356

CONVICTS-

A Bill-To provide for hiring convicts by the Prison

Commission a.t expiration of present con-

tract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 204

To provide for hiring and working felony

convicts. . . . . . . . . . . . . . . . . . . . . . . . . . . .

155

To prevent selling or giving liquor .to felony

convicts. . ....................... 251 287 30!l

cOURTS, SUPERIOR-
A Bill-To require rotation af 8Thperior cou:r:t judges. 127 137 To change the time of holding superior court of Un'ion ........................ 127 137 147 To in'Crease the numlber of terms of Richmond superior court ............... 156 168 183 To provide for superior courl dissolution of corporations . . . . . . . . . . . . . . . . . . . . . . . . . 267 287

558

INDEX.

DISPENSARY-

A Bill-To amend Act establishing dispensary in La-

,,

Grange. . . . ..................... 320 348 365

To establish dispensaries in Coffee county. . . 332 356

366 384

EDUCATIONAL---

A Bill-To amend the Act authorizing county, city,
and town boards of education to make
changes in school books. . . . . . . . . . . . . . . . 156 265

ELECTIONS-

Election of United States Selll3.tOT. . . . . . . . . 93 lvl

Election of President pro tern. . . . . . . . . . . . .

124

ELECTION LAWS-

A Bill-To change the time of holding e&lootion for

Governor and 'Other officers oof the State ... 115 181

193

To provide for enclosing polling places at

each election precifilet. . . . . . . . . . . . . . . . . .

152

EXECITI'IVE SESSIONINSURANCE--

70 95 100 139 160 174 201 227 251 269 300 322 340 51

A Bill-To make insuran~ companies anld others joirutly 'li'ahle. . ...................... . 75 204
To amend an Act to carry inJto effoot article 3, section 7, and paTagrroph 18, of the Constitution, relateive to insurance companies .... 195 288 309 329
Invitation. . .............. , ..... ."..... . 73 89 ..Joint session. . ...................... 63 69 101

INDEX.

.559

MILITARY LA.WS-

A Bill-To revi~ the Military Laws of .the State....

268

To reorganize the 1\filitary LaJWS and adopt

Code . . . . . . . . . . .................. 220 226 ~68

MESSAGES, HOUSE-
78 63 72 91 113 118 123 143 145 153 161 175 188 201 208 222 229 238 252 273 288 324 358 374 387 395 419 427 428 428 437 462 487 499 499 501 502 506 506 513 517 518 522 523 524 524 525 527 528 532 532 533 533 534 534 535 535 535 536 537 538 539 539 540 541 547

MESSAGES, EXECUTIVF..-MISCELLANEOUS BILLS-

9 105 279 341

A Bill-To require advertisement of property for

sale in same paper as sheriff's advertise-

meTht . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

To define anarchy and provide punishment for

same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73

Ceding certain lands in Walker and Catoosa counties to U.S. for park purposes ____ 75 92 99 385

To wbolish office of special attorney, W. & A.

R. R.............................. 76 148 159

To make ~t unlawful to char~ more than 8

per cent. for money advanced on cotton or

other products. . . . . . . . . . . . . . . . . . . . . 89 235 283

To make it a misdemeanor to be intoxicated

on t'he public roads .............. 94 148 160 284

To provide for the payment of costs to special

bailiffs. . ......................... 94 100 128

To chanJge the time for the meeting of the

General Asoombly . . . . . . . . . .... 115 120 181 194

To provide for the trial of criminal cases re-

turnable to county courts in this S'tate ... ,

120

560

INDEX.

MISCELLANEOUS BILLS-Continued.

To fix the bounld&ries of tide-wruter lands .. 121 148 172 To prevent adulteration of turpentine ____ 127 148 159

Permitting bail to parties convicted of bail-

a~ble offenses . . . . . . . . . . . . . . . . . . . . . . . . .

127

To authmize administra-tors, etc., to charge

oosts of bonds ..................... 138 181 194

Relative to caJrrying pistols ............ 138 228 307

To prohibit use of passes by cel"ltain Sta.te

officers--------------------------------

139

To prescl'ibe rules governing tra'lliSpOrtation

of dead . . . . . . . . . . ................ 151 181 194

To est.alblish depositories in each county of the

State and to pl'escribe their duties and lia-

hi'lities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 205

To provide for judgrne'llt at first term in all

c3JSes in the courts of ithis State....... 196 288 309

To provide for testing oil .............. 205 287 309

Authorizing i:lhe Governor to require At-

torney-General :to perform, without oomlJCn-

saifion, all duties of aittorney for W. & A.

R. R. . ........................... 226 287 308

Authorizing street and suburlban rail.Toad! coon-

panies to conidemn the righit to use of

tracks, by other street car companies ... 226 228 338

To provide for ati:sta~ti:on of instrume'llts in

IWriting, upon Which summary prdceed!ings

may- be had in justice courts............

227

To require defendants in aU cases to. set up,

as a new ground for relief, additional fa:cts 205 235

285

To repeal an Act regulating payment of fees

'to attorneys and receivers....... . . . . . . .

270

To regulate the sale of mor:tgaged property. . 332 384

To authorize own~rs of street railroods to ex-

:tenld roads into another State ........ 386 403 421

INDEX.

:561

MISCELLANEOUS BILLS-Continued.

To authorize sb-eelt railroad COOlllpanies tJo in-

CI"e'ase stock . . . . . . . . . . . . . . . ........ 3M6 403 421
To require manufacturers of shoes ro have

stamped on the botJtoms materials of rwhich

.iJhey are made . . . . . . . . . . . . . . . . . . . . . . . .

386

To prohibit sales of cotton futures in Georgia. 386 471

519

MUNICIPAL LAWS-

A Bill-'I'o annend chaiiter of town of Flintstone .. '15 100 129

To amend the Act incorporating town of Mrd-

ville, county of Burke ............... 144 158 183

To incorporate rtJown of Meroillville, Thomas

county---------------------------- 207 223 236

To amend .the charter of city of Thoonasville,

ThomaJS 'Counrty . . . . . . . . . ...... 20'1 223 235 528

To incorporaite town of Attwater, Upson

county. . ......................... 263 332 350

To amend Act incorporating Newton, Baker

oormty. . . . ...................... 320 332 350

To i'll'corporaite Chester, in Dodge county. . . . 320 332

351

To amend section 45 of Americus charter, to

make police commissioners elective by peo-

ple . . ........................... 330 348 364

To fix age of consent in State.............

471

ORGANIZATION ........ .

PENSION LAWS-
A Bill-To amend an Act to allow pensions to worthy widows of Confederate soldiers .......... 103 115

PENITENTIARY-
A Bill-For protection of officers and employees in penitentiary camps ................. 225 250 286
36 sj

962

PRISON COMMISSIOX-

A Bill-To amend Act creating Prison Commission..

151

To authovize Prison Commission to hire the

1aJI:tor of felony convicts in this State ..... 180 200

RAILROADS-

330 341

A Bill___:To crunpel raiJ.roads to run one train each

way daily, except Sunday. . . . . . . . . . . . . . . 206 332

To prescribe changing of venue against rail-

roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33E.

RAILROAD COMMISSION-
A Bill-To enlarge the powers of the Railroad Coonmission of Georgia. . ........... 206 224 286 293

SCHOOLS-

A Bill---'To amen:d school latws of State .......... 89 287 307

Rela1tive to agricul'tura:l schools in each Con-

gressional district. . ............... 126 137 147

To incol'pOrate Forsyth school distri'dt, Mon-

roe county-------------------- 128 149 158 507

For uniform system of text-books..........

138

To estaJblish a system of public schools for

Fort Gaines------------------------293 306 333

To authorize boards of education to can<tract

for books for seven years. . . . . . . . . . . . . . . .

308

STATE GEOLOGIST-

A Bill-To revive the office of State Geologist .... 76 137 146

INDEX.

')63

SENATE RESOLUTIONS.

A Resolution-Noti:fying the House of i.ts orgallliza-

tion. . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .

6

Appointing committee to ootify the Governor

that the General Assembly has orgallliwd..

7

Appointing a committee to arra.nge for the in-

augural ceremonies. . . . . . . . . . . . . . . . . . .

8

COillvening House and Sena4;e to count vote of

la:st election. . . . . . . . . . . . . . . . . . . . . . . . .

62

Authorizing Secretary .to appoint doorkeeper

for Cloak Room. . . . . . . . . . . . . . . . . . . . . .

63

Authorizing messenger of Senate to appoilllt a

rear doorkeeper. . . . . . . . . . . . . . . . . . . . . . 68 138

Appointing comrrnittee to attend burial of

Senator Berry---------------------------

71

To divide school -fund between white and col-

ored. . . . . . . .......,. . . . . . . . . . . . . . . . 87 126

DirootinJg iJhe assessment of taxes 1902 anld

1903 shall not exceed 3 1-2 mills for all

purposes . . . . . . . . . . . . . . . . . . . . . . . . . 88 126 236

To i'llVi'te Secretary Wilson and Chief Wiley

to a;dldress the General AS8e'II11bly. . . . . . . . . .

90

Authorizing Assistant-Secretary to sign bills.

91

Authorizing Secretary to purchase chairs....

91

Expressing sympathy :or Senator Sullivan. . .

93

Appointing committee :to report n'Cessary re-

pairs on the Capitol....................

97

Requesting our members of Congress to secure

better pr0otection for our coost towns ...... 103 120

To appoint a committee to accompany re-

liDlins of Sen:a>tor Sullivan to Augusta. . . .

118

Providing for exhibition from Georgia a.t St.

Louis Exposition. . . . . . . . . . . . . . . . . . . . 130 138

. Authorizing payment of per d~em of Senator

Sullivan. . . . . . . . . . . . . . . . . . . . . . . . . . .

14g

564

INDEX.

SENATE RESOLUTIONS-Continued.

T.enidel'ling use of Sena.te Chamber to Atlanta

Camp of United Confederate Veterans for

pu:rtpose of meeting. . . . . . . . . . . . . . . . . . . . . 155

To provide far burning of canceled bonds and

COU'pons of State Treasurer........... 220 223 279

To ask Georgia members of Cong~'ss to pro-

cure reinrbursement to Georgia of money

paid to soldiers in war of 1836 ........ 225 237 285

Authorizing erection of monument on the

Capitol grounds to Lieutenant BrumbY----

~28

To pay pension to the widow of Josiah Lucas,

Appling county .............. : .... 279 321 334

Appointing joint committee to visit the Col-

lege of Agricultrure and :Mechanic Arts,

Athens.. . . . . . . . . . . . . . . . . . . . . . . . . . .

279

Requesting Appropriations C()l]llmirbtee to

D.a:ke appropria,tions far two yea'l's........

330

To inquire into the city and county adoption

of tex:t-books. . . . . ................ 346 369 406

Extending sympathy of Senate to Mrs. George

P. Erwin on death of husband . . . . . . . . . .

374

For the relief of E. A. Buck af Berrien

oounty.. . . . . . . . . . . . . . . . . . . . . . . . . . .

392

To request the House ,to return House hill No.

150 to correct a clerical error...........

392

To appoint a joint committee to consider pen-

sion laws.. . . . . . . . . . . . . . . . . . . . . . . . . . .

477

Exte:n'ding sympathy of Senate to Senators

Rountree an<d Leiwis. . . . . . . . . . . . . . . . . . .

477

Appoin!ting a commiNee to investigate the

feaJsibility of all'()lwing Secretary of Sta,te

and judges of S'Uperior court to amend

charters.. . . . . . . . . . . . . . . . . . . . . . . . . . .

513

Fixing 6 o'clock p.m., December 12, as time

for adjournmen<t.. . . . . . . . . . . . . . . . . . . .

51S

INDEX.

.565

SENATE RESOLUTIONS-Continued.

Extending thanks of Senate to following

officers: The Preside'l1t, President pro tern.~

Secretary and assistaruts, doorkeeper, mes-

senger, an1d pQstmistress . . . . . . . . . . . . . . . .

539

Providing that all 1111fin.i-sheid business be car-

ried over to next session . . . . . . . . . . . . . . . .

539

Adjourning Sena.te sine die. . . . . . . . . . . . . . .

540

566

INDEX.

HOUSE BILLS.

APPROPRIATIONS-

A Bill-To appropr-iate money for maintenance of 'the government for the year 1903 ..... 329 346 429 49~

BANKS-

A Bill-To amend charter of Buena Visra Loon & Sav-

ings Bank ....................... 217 339 354

To amellld an Act inoorpora;ting Fairburn

Banking Co., providing for eligi'bility of

directo:rs. .

. ................. 363 382 415

BOXDS OF S'TL<\TE-

A Bill-To pay off and retire State bonds as they become due. . . . . . . ................. 397 448 498

CODE AMENDMENTS-

A Bill-To amend section 739 of Code, relative to .

eligibiHty .of coun~ilmen. . . ......... 124 137 145

To amend paragraph 7, section 107 of the

Code.. . . . . . .................... 150 158 173

'l'o ame.Did section 2145 of Code, so as to fix

venue of suits against insumnce com-

panies. . . . . . . ................... 156 321 337 To amend section 982 of Code, by adding the

t.own of Hartwell to list -of S.balte deposi-

tories. . . ......................... 167 182 197

To amend srotion 151, volume 3 of Oode....

167

To amend section 5113, so as to allow execu-

tions to be amended by clerk of court, from

which same were issued ............. 212 267 295

To amend section 670 of Code, relative to

cheating. . . .................... 213 289 318

INDEX.

567

CODE AMENDMENTS-Continued.

To amend seotion 573, to make it unla~wful to

catch terrapins less than 5 1-2 inohes .. 215 289 317

To a:mend section 2754 of Code, providing for

the foreclo.,""'lre of mortgages . . . . . . . . . . 217 321 334

To amend section 642, volume 3 of Code. 233 289 313

To amend sectri.on 187, volume 3 af Code, ,to

define stealing. . . . . . . . . . . . . . . . . . . . . . . 233 319

To amend section 982, to add Montezuma fu

list of State depositories ............. 234 340 354

To amend sectri.on 982 of the Code, so ns to

add Barnesvil'le io list of State depositories 245 263 295

To amend section 982 of Code, so as to add

Louisville to list of Staite depositories .. 261 321 336

To amend section 982 of Code, so as to make

Tomson a StaJte d~sitory ............. 261 322 335

To amend section 982 of 'Code, providing for

depository in Hogansville, 'Troup county. .

361

To amend section 982, adlding Winder to list

of Sl::aite depositories. . . ............ 381 406 454

To amend section 982, to establish depository

for city of Sandersville . . . . . . . . . . . . . . 440 463 509

COUNTY COMMISSIONERS-
A Bill-To repml Act creating a Board of County Oommissioners for Mooroe county. . . . . . . . 116 357
To aUJthorize the County Comm~ssione:rs of mbb county to contiJ."ihute to the support of the Macon Hospital ................ 116 119 129
To c:reate a Board of CounJty C'ommiSS!ioners for Johnson counJty ................. 116 119 130
To amend ilhe Act creating a Boa.rd of Roads
and Revenues for Glynn county ....... 217 264 298 To create a Boarrd of Roads and Revenues for
DeKal'b counlty. . . . . ........... 218 264 300 500

INDEX.

COUNTY COMMISSIONERS-Continued.

To repeal the Act creating a Board of Roads and Revenues for Wa1ton county ...... 219 382 509
To cre<Lte a Boom Ql Roalds and Reve.nues for Rockda1e COU'Ility. . . . . . . . . . . . . . . . . . 232 356 371
To amend .the Aet creating a Board of Commissi<mers for Berrien couDJty ........ 245 275 353
To repeal Act creatin:g 'all Advisory Boa'l."d of Commissioners for Laurens and Gl'asoock .. 361 382 413
To a:nend Act creating a Board of County
Commissioners for Jackson .......... 380 406 451 To amend Act creating a Board of County
. Commissioners for Hart. ............ 380 477 515

COUNTY OFFICERS-

A Bill-To provide compe11S8ltion for certain county

offirers. . . . . . . ................... 124 150 173

To repeal Act provi'ding for payment of insol-

vent cosits, due clerk and sheriff of Faye.tte

county. . . . . . . . .'................. 167 193 226

To provilde for BoaTd of Counity-'Commissioo-

ers for :M:on:roe county..................

167

COURTS, CITY-
A Bill-To estalblish the city court of McRae, in the city <Jf McRae, in Telfair oouDJty ...... 157 168 199
To authorize the clerks of tlm city courts to appoint deputies, anld define powers amd duties.......................... 214 321 335
To amend Act establishing city court of Waycroa-;, so far as applies to clerk of said court 215 319
To repeal Act esta!blishing city oourrt of Jefferson, Jackson county. . . . . . . . . . . . . . . . 216 264 296
'l'o albol>ish city court of Waynesboro, in Burke county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 264

INDEX.

.569

COURTS-CITY--Continued.

To amend the Act esta:blishing the city court

of Wa.y'Cross, Ware county .............. 218 319

To establish city court in: itown of Waynes-

boro, Burke oounty ............. 224 266 293 411

To estmblish city court in Hamilt<Jn, Harris

ooun.ty . . . . . ..................... 224 263 299

To esta1blish city court of Jefferson ...... 247 267 368

To amend the Act establishing city court of

Bartow ................... : ...... 259 275 300

To provide for practice in city court in At-
la.nta, in reference w deau1ts ........ 259 289 314

To amend Act so as io estaJblish city court in

Valdosta . . . . . . . . . . . . . ............ 261 322 336

To estaJblish city couvt of Fayetteville.... 261 291 313

To establish city court in Buchanan ..... 292 339 351

To establish a city CO'Urt in Hall county. . . . . .

292

To reduce salary of judge of city court of

Elberton.. . . . . ................... 360 381 412
To repeal an Act entitled an Act w estalbtisp:

a city cour.t of Clarkesville, Habersham

county .................. 362 382 5,10 518 518

To establish c~ty coul'lt of Sylvania, etc ... 362 382 415

To estaJblish city court Dlf Brunswick ..... 379 406 450

To amend Act crewting a city court for San-

dersville . . . . . . . . . . . . . ............. 381 406 453

To establish city court for Moultrie---------- 40-l 4:1~

To create city court in Dublin ............. 440 468

To establish city court in Tifton ........ 440 469 509

To increase authority of recorder's courts in

certain cities.. . ...................... 441 48-l

COURTS, COUNTY-

A Bill-To a!bolish the county court of Screven.. 119 137 144 To esta:bloi:sh a county oou.rt for Wilkes county 157 418

570

INDEX.

COURTS-COUNTY -Continued.

To repeal the Act establishing a county court for Butts county --------------------166 182 237
To ameil!d 'the Act crea!ting a county court for Greene county ............,......... 246 265 294
'l'o amend Act creating coUlllty court of Berrien. . . . . . . ..................... 363 382. 413

COURTS, SUPERIOR A:ND SUPRE:M:E-

A Bill-To change the time of h'()lding the fall term

of the superior court of )lclntosh county. . 150 187

195

To change and fix tinw of holding Greene

superior court. . . . . ............... 213 265 296

To change and fix time of holding superior

couvt of Telfair county .............. 259 357 367

To change tinw fur holding Glascock su-

perior cour-t

.................. 261 321 335

DISPE:NSARY-

A Bill-'.Do repeal the Act estaiblish!ng a dispensary

' in Washington, Wilkes county ........ 166 192 237

To estrublish a dispensary in Colquitt, Miller

county . . . . . . . . . . . . ............... 166 182 198

To ailllffi}d the Act creating dispensa:ry in Pu-

laski county .......... : .. ......... 217 290 318

To establish a dispensary in Ocilla} I'l"W'in

county . . . . . . . . . . ................. 259 322 336

To establish one or more dispensaries in: Tay-

lor oounty .. .. .. .. . .. ............. 260 290 317

To establish dispensaries in Wrightsville and

Kent.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

292

1\) estarblish a dispensary in HamHt.on, HM-

ris county .............. 394 402 485 508 525

INDEX.

:571

DISPENSARY-Continued.

To amend Act esba!bl~shing dispensary in

Buen:a Vista, Marion county. . . . . . . . . . . . .

396

To amend Act estalblishing drispemary in

Athens ............................. 397 473

To eetabli~h a di.;pensary fi1r Whitfield county--

4H9

To provide for dispensary in Milledgeville, in

Baldwin county ................... 440 463 51Z

ELECTION LAWS-
A Bill-To revise the election laws ............. 192 331 347 To provide the time of holding elections in cities of 50,000 inhabitant:s------------4:39 469 516

HUNTING AND FISHING-

A Bill-To arme:nd an Act en!titl1d an Act to regu-

late the taking and catching of oysters and

fish from public water;; of the State .... 214 289 313

To protect fish in waters, Clay.ton county. . . . 396 47&

To protect fish in streams of BaTto:w county. 438 472

512

To protect fish in streams of Mitchell . . . . . . .

448

INSURAXCE CO::\IPANIES-
A Bill-To amend an Act inCO!l'porating The Southern Mutual Insur3.ilce Co............. 292 312' 354

LIQUOR LAWS-
A Bill-To prohibit the ma.nufacture of in:ooxica.ting liquor in Douglas couDity............ 218 290 31&
To prohibit sale of liquor in Lee county .. 292 321 337 'Jio prohibit intoxicating liquors, c1ders and
bitters in Stewart county ............ 398 448 473

572

INDEX.

MISCELLANEOUS BILLS-

A bill to repeal the Act creating office of speo

cial attorney for W. & A. R. R. ....... 149 469 508

A bill to protect Confedernte and other sol-

d!i.ers mentioned in an Act approved in

1897. . . . . . . . . . . . . . . . . ............ 166 203 509

A bill to regula;te manlller of claimants in

claim ca.ses shall set grounds for hasis of

claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 319

A bill to provide for the manner of selling

cocain . . . . . . . . . . . . . . ; . . . . . . . . . . . . 214 262 276

A bill to amend Ad to provide for inspectors

of roads and bridges in counties Olf 75,000

or more population ............. 215 356 369 403

A bill to provide for removal of obstructions

from running streams of l\Iomoe cou'l1ty,

with exceptions ..................... 216 263 297

A bill to regulate the traffic in seed cotton in

Elbert, Wilkes and Lincoln counties, with
penalty for violation--- ________ :no ::157 369 371

A bill to cede to the United Staot.es jurisdiction over certain lands in Uatoosa county ____ :H 7 :!89 318

A bill to provide for removal of dbstructions

from streams of Hall rounty ..... 233 290 317 423

A bill pmviding fur situs of debts due to non-

residents for the purpose of attachment....

214

A bill making certain requirement of peTOOns

seeking a wni1t of certiorari t.o co:rrrect the

judgment of recorder's court ......... 232 289 312

A bill to require all prison-made goods to be

labeled as such ........................ 245 320

A bill to regulate practice of justice coul"ts in

cities of 75,000 inhahitaiilts .......... 360 382 413

A bill to prohihit buil'dirrg df unlaJwful fences

in Camden county .................. 363 382 418

INDEX.

573

MISCELLANEOUS BILLS-Continued.

A bill to create barurd of fire colll!lllissioners

for city of Augu;sta ................_. . . .

~78

A bill to cede to Umted Stafus cel'ltain lands ini

Savannah . . . . . . . . . . .............. 378 406 453

A bill for construction of d"<!ms across Savan-

nah river for manufacturing ........ ;398 484 516

A bill bo regula.te sale of syrup ......... 438 469 507

A bill to provide for re'Illoval of obstructions

from Morgan couDJty . . . . . . . . . . . . . . . . . . 438 485

A bill to cede to United States cel'ltain lands in

Athens .......................... .439 478 516

~IUNICIPAL LAWS-
A Bill-To amend the Act incorporating the town of Sasser . . . . . . . . . . . . . . . . . . .. . . . ... 149 181 198
To amend the Act incorporating the t<J~Wn ill McRae, Telfair county ............. 149 157 186
To amend the several A'Cts incorporating the city of nome, so as to extend the limits of Myrtle Hill school district ......... 149 158 186
To change charter so as to reduce salary of mayor of DaJWoon ................. 150 182 196
To ameiJid the chaJI"ter of city of Atlalllta; to provide for issuing bonds for sewer purposes . . . . . . . . . . . . . .............. 150 157 197
To autlhoruze the village of Summerville rto provide and maintain cemeteries within and without limits ................ 157 182 196
To authorize the village of Summerville, in Richmond county, to issue bonds not exceeding $25,000, for water-works ...... 157 182 197
To amend charter of Bronwood, relrutive to paying teachers ................... 167 181 198
To crelliJte a new charter for town of Lump-
kin ............................ 185 200 414

-574

INDEX.

MUNICIPAL LAWS-Continued.
To amend chal'f:Br of city oi Rome, relative 1Jo mayor and council .............. 213 247 276
To alter ch'al1Rr of 'Cedartown, Polk co ... 213 248 276 To amend charter of city od' Tennille by en-
larging the incorpora.te limits ........ 213 247 294 To repeal the Act providing fO'l' issuing
bonds for town of Norcross, Gwinnett oo. 214 To amend charter of Hamilton, Harris
county .......................... 215 248 299 To repeal the Act incorporating town of
Ocilla, and several amendatory Acts ... 215 248 298 To reperal the Act incorporating inwn of
Statham, in Jackison county ........ 215 248 298 To amen:d the charier of Maysville, in Jack-
son and Ball!ks counties .............. 216 249 299 To incorporate t<he village of Obe, in Colquitt
county .......................... 217 247 2'/fi To amend the charter of the city of Val-
doota . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 248 298 To amend the Act creatiiJJg the chal.'lter of the
city of l\Iilledge;ville .............. 218 265 277 To repeal the chaTter of the town of States-
boro, in Bullock county .............. 218 265 316 To amend the Act creating a n-aw charter for
the town of Temple, in Carroll couDJty. 219 248 278 To extend the corporate limits of town of
Albany . . . . . . . . . . . . . . . . . . . . . . . . . . 219 248 277 To repeal an Act incorporating city of Tif-
ton ............................ 219 275 315 To provide charter for town of Edgewood,
DeKalb coUDlty . . . . . . . . . . . . . ...... 224 228 ~66 To incorporate town of Edison, Calhoun
county . . . . . . . . . . . . . . . . . . . . . . ... 225 247 296 To amend the Act incorporating tawn of
Pinehurst, Dooly county ............. 225 249 278

INDEX.

575

MUNICJ.PAL LAWS-Continued.

To amend the Act establishing police court

iP city of Savannah ............... 225 249 315

'l'o '"mend the Act creating board of police

Cll'"nmissioners of ~ugusta . . . . . . . . . . 231 265 275

To crea.te a charter for town of Richland. 232 250 414

To incorporate Pinevi1W, Wileox county .. 232 249 315

To amend -the cbrarter of city of Colum-

bus . . . . . . . . . . .................. 232 249 266

To illlCorporate the .town of Stwtham, Jack-

son county . . . . . . . . . . . . .......... 233 249 297

To amend the Act incorporating the tOWlll 'Of

Fayetteville, so as :to make city of Fayette-

ville . . . . . . . . . . . . . . . . . . ......... 233 249 293

To authorize mayor and councilmen of Pa'l-

metto t<J issue bonds ................ 232 265 312

To in:corpomte the 00wn of Finleyson, in

Pulaski county . . . . . . . . . . ......... 245 263 295

To amend tire several Aots incOII'pOrating the

city of Sand~rsviNe, and t<J create a new



char.ter . . . . . . . . . . ... , ........... 245 263 296

To make WayneSQoro a city ........... 246 264 315

To amend the charier of the Wwn of Jones-

boro . . . . . . . . . . . . . . . . ........... 246 264 297

'Do extend the corporate limits of Carrollton,

Carroll county . . . . . . . . . . . . . ...... ~46 264 294

To amend charter of Columbus, so as to pro-

vide fur water~works ................ 247 265 277

To incorpomte Soperton, Montgomery

county . . . . . . . . . . . . . . . . . . . . . . . . . 259 340 353

To incorporate the town of Bethlehem, Wal-

ton county ....................... 259 340 352

To amend cha~ter of Boston, Thomas

county . . . . . . . . . . ................ 260 340 352

To amend several Acts incorporating town

of Louisville ........._............ 260 340 354

576

INDEX.

l\IUNICIPAL LAWS-Continued.

To amend an Act, so as hl make the town of

Buchanan the city of Buchanan . . . . . 261 340 352

To incorporarte city of Tifton, Berrien

county . . . . . . . . . . ................ 262 339 351

To mcorpDTate city of Statesboro, Bullock

county . . . . . . . . . . ................ 262 305 334

To incorporate ci:ty of Ocilla, in Il.'!Win

county . . . . . . . . . . . . . ............. 262 339 352

To repeal Act authorizing Norcross to issue

bonds . . . . . . . . . . ................ 214 291 306

To create a now charter for c!ty of Hruwkins-

ville . . . . . . . . . . . ................ 292 339 355

To authorize mayor and council of Tybee to

close Fourth avenue, etc ............ 361 383 416

To authorize mayor and council of Washing-



ton to sell real estate belonging to said

city . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 383 416

To reincOI"'pOratre :town of Sylvania as city of

Sylvania; to ame:nd previous acts; grant a

new charter, etc................... 362 383 415

To codify Acts incorporating city of For-

syth . . . . . . . . . . . . . ............... 363 383 414

To incorpor'a;~ Morganton, Fannin co ... 363 383 415

To incovpora'te CalliOn, in Hart and ]'rank-

lin counties .......................364 383 416

To amend Act inwrporruting Cordele .. 378 402 404

446 454 474

To amend challiter of Austell ......... 378 404 451

To amend Act providing new cha:r<teT for

East Point ...................... 378 405 450

To amend Act incorporating 'Trip, in Gwin-

nett county . . . . . . . . . . ......... ... 378 404 449

To amend ACJt inoorparating town of Deep-

step; in: Washin-gton county ......... 379 404 452

To amand Act inco11pOI'ating Moulrhrie. . . . .

379

INDEX.

577

MUNIOIPAL LAWS-Continued.

To amend several Acts incorpomting Wart-

saw . . . . . . . . . .. ................. 379 405 449

To ~!!!end Act incorporating town of Har-

rison, in Washd.ngton counlty ...... 379 405 451

To amen>d A~t inoorp()l'lating Blakeley...379 405 450

To aunend Acl incorporating Hazlehurst, in

Appling county .. . . . . . .. .. . .. . . . . 380 404 452

To amend charter of Carmilla ......... 381 470 513

To amend cha:rrl:er of Dalton .......... 381 404 450

To amend charter of Oakland ......... 381 477 507

To inrorporrute Cordele, Dooly cou.ruty. . . . .

395

To ilnoorporate DUJdley, Laurens coun:ty .. 397 447 472

To amend Act incorporating Bowdon, in

Carroll oounlty ................... 397 448 475

To amenQ: A'ci inool'lpO'l'a.ting SylveSter, in

Worth county .................... 398 447 475

To in!COrporate Bostwick, ~{organ county. 398 447 473

To amend charter of Doerun, Collquitt

county . .. . . . . . . . ................ 399 447 474

To amend chamer of Augusta......... .438 473 511

To amend seotion 45, Americus charfulr.. 439 469 588
To au'th'orize mayor and council Qf Jaaper to

issue bonds . . . . . . . . . . . . . . . . . . . . . . 439 469 515

To incorporate Vi'<lalia~ Montgomery Co.. 440 469 512

To iiiJOOrpor81te Russell, Ja.cks<m oounlty .. .448 476 512

l
SCHOOLS-

A biliJ.-To inoorpomte the Tennille schl distrim ............................ 124 137 144,
To authorize the mayor and aldermen of Dal-
las to equip school buildings ........ 224 290 314 To esta!bliah a pu1blic sehool system in
Ocilla .. .. . .. .. .. ............... 233 290 317 To inoorpor~te ilhe Waynesboro Academy. 246 264 314
sj

... .'\

.,

578

INDEX.

SCHOOLS-Continued.

.

To incorporate Vega school district, Pike

couruty . . . . . . . . . . ............. . 260 288 319

To repeal an Aci rela'tive to public sdhool

money for Douglasville Oollege, in said

town ....................... : . ... 260 289 316
To amend A~t esbaJblish!ing a system af p~l,j,c

schools in Ashburn, Wor.th county ... 361 405 449

To incorporate Meansville school district, in

Pike county, etc. . ................. 361 405 454

To es!Jitbli.sh a system o0f 'Public sohools f()r

Sylvania . . . . . . . . . . ............_367 405 452

To amend Act esfu'blishinlg system of puiblic

schools in Doerun ................ 380 404 452

To incorpo0r.ate Marble Hill school district, in

Pickens county ................ 396 447 475

'l'o a;mend Act es.tablishing a syslml. af pu'blic

schoo$ in Jesup . . . . . . . . . . . . . . 396 448 47~

To incorporate Zebulon school district, in

Pike county .................. 396 447 475

To incorporate Leonard e.chool district, iw

Cobb county . . . . . . . . . . . . ...... . . .

397

To inoorpora.te Young's Tanyard school dis--

triet, Cowe.t.a county ............... 377 447 472

To establish a system af public schools m

. town of Bowdon ................. 398 447 476

To amend Act esta:bliwrug system of public

schools in MrurshallviHe ......... .. .439 469 516

To incorporH~te Hopeful school district, in

Thomas counlty ................. .440 469 513

TAXES-
A Bill-To levy a tax on all franchises in this State . . . . . . . . . . ......... 330 370 464 478 506
'T'O levy anrl collect taxS for support of State government . . . . . . . . . . . . . . . . . . . . . 399 437 487

INDEX

5'19

.JiiOUSE RESOLUTIONS.

A Resolution-To accept invitaJtion to attend Vall-

dosta Fair ............... 73 75 76 92

Accepting invi'taltion ix> atOOnd Win-

nie Davis Memorial exercise . . . . .

73

Providing a committ-ee to investiga."OOI

lease system . . . . . . . . . . . . . . . . .

74

Appointing joint Finanre Coonmi~ 92 99
Inviting Rev. Wallace Butoorick ro

address the General Assembly . ...

92

Inviting Seoo.tor Clay 1:0 a.dd.ress

General Assembly . . . . ... . . . . . . .

94

Inviting Miss Mildred Rutherford of

Athens, to address the General As-

sembly on Wioolie Davis Me-moriall.

116

To adjourn ThMYksgiving . . . . . . . .

139

To appropriate $15,000 for necessa:ry

repairs on the Capitol !build-

ing. . . ~ . . . . . . . . . . . . . . 219 340 417 500

For appoinlbmeDJt of joint committee

to visit Sta>'l:e University during

comanencementt . . . . . . . . . . . . . .

262

T<~ mcrease salary o:f ma:yor <A Madi-

son . . . . . . . . . . ............. 380 405 454

'Jio provi'de for imlprovement o-f

grounds of Georgia Narmal &l-

Iege at Milledgeville ......... 380 406 455

To a'lltbx>rize GovernOr to borrow

$200,000, iif necessaey ....... 393 445 493

To pay pension due to R. W. Larl.rd rto

his widow . . . . . . . . . . . . . . . . . 393 445 497

To make appropriations to meet defi-

('.iency in public printing fund. 393 445 494

580

INDEX.

HOUSE RESOLUTIONS- Continued.

To pay stenographer of oommittee o:r

Governor's message, reia:tive too W.

& A R. R. ............. 393 446 494 522

To pay pensi<m of J. R. Renew to

Mrs. Abbie Remw ..... ... 393 446 496

To aUJthorize treasurer to pay to ad-

ministrator of late Senator SuJ.-

livan amount due him for 1hls ses-

sion . . . . . . . . . ........... 393 445 495

To pay $50.00 to Mrs. E. N. Sltewa.rt,

of DeKalb county ......... 394 446 491

To. p_ay J. l!'. DeLacy, solicifur-gen-

eral, for quarter erud.!ing DeceJ:nlber

31, 1901 ................... 394 446 489

To pay pension of Mrs. Martha Hath-

away .. . . . . . .. .. .......... 394 446 492

For improvement of aoouati.cs of

House of Representrutives..... 394 446 497

To pay Mrs. Mary S. J !l.1'l'al'd pension

due her husband . . . . . . . . . . 398 446 490

To provide for investigation to derer-

mine whether or not irrigastion: and

drainage can be successtully done. 441

For relief af W. & A. R. R. Co .. .455 471 521

To appoint cOIIllmittee . . . . . . . . . .

533

Directing Olerk'of House and Secre-

tary of Senate to furnish a list of

un:fin:ished business to members...

519

For completion af unfinished business

of sessi001 . . . . . . . . . . . . . . . 519

To require joint fiin.ance eo1lllD!ittee

to investigaJte the different depal't-

ments. of State . . . . . . . . . . . . . . . .

524