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:er 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 receiveught 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- 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'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-----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 mmended by the jU!dge, solicinvicted and sentenced to a fine o:t $100.00 or 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 Fultr pa:rtf 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 whicr 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 innocers 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 thaeping 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 }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 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 reeommenuching 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," appry, 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 han 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 hnilill to anwn(l ;;;prtion :>11!3 of tlw CorlP, so as to allow exPcntions to hP amPnoln 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'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, anson 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 ' 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 cotf 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 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 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 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>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 hans, 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, 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 troviding 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 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 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 ctor 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 anish 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 Hamiltd 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' 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 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