Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, June 24, 1903

JOURNAL
THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, June 2-1, 1903.
Atlanta. Ga.: The Franklin Printing an.i Publishing Co1npany
Geo. W. Harrison, State Printer. Manager
y Q0 J

JOURNAL.

SENATE CHA)IBER, ATLAXTA, GEORGIA,
Wednesday, .June 24, 1903.

The Senate met in accordance with law and was called to order by Ron. Olark Howell, President of the Senate.

Prayer was offered by the Chaplain.
Upon the call of the roll the following members answered to tht-ir names:

Allen, Atkinson, Christie, Clark, Clements. Comas,
Crun1ble~.
Dodd, Dayis, Duncan of lOth, Duncan of 36th, Golden. Harrell. I-Iig-htowPr. Hoilkins,

Hudson, Jordan, Lee, Ledford, Lewis, :\Ia thews, :\IcClure, :\!cLean, :uc:mchaei, ::\lerritt, ?lliddlebtooks, ::\foorP, Park, reny, RPid,

Roberts, 8kelton, Smith, Snead, Steyens, Sweat,
s~mons,
Taylor, Tisinger, 'l'urner, van Buren, Williams,
" 'o r s h a m , :\fr. President.

The following is the certificate of the election of Ron. R. J. Williams as senator from the 16th District to succeed the late Senator Rountree :

4

JOURlfAL OF THE SENATE.

GEORGIA. OFFICE OF THE SECRETARY OF STATE.

ATLA~TA, April 3, 1903.

HIJJ E:t:eellemrg, fAe (hr;er'nor:

Sir:-I have the honor to report to yon, for commis11ion,.

as per the election return received and on file in this office,.

the following named person, to wit: For senator 16th Dis-

trict to fill unexpired term of Bon. 0. S. Rountree, deceased.

No. of District. Counties.

Name.

18

Johnson, Bon. Robt. J. Williams.

Emanual,

Laurens.

Election held April 1, 1903.

PHILIP CooK, Secretary of State.

A vacancy having occurred by the death of Senator Rountree of the 16th District, Bon. R. J. Williams, having been elected to fill mid vacancy, presented him~Jelt' and took the oath of office administered by Associate Justice of Supreme Court W. B. Fish.

By unanimous consent the election of' doorkeeper was made special order for 12 o'clock to-day.

The following resolutions were read and adopted:

By Mr. Reid-

A remlution appointing a committee to notify the Gtwernor that the General As&embly i3 ready for bu;;ioess.
Committee on part of Senate are Senators Reid, Christie and Tisinger.



WEDsESDA.Y, JusE 2-1, 1903.

5

By Mr. Comu-

A resolution directing the Secretary of Senate to notify the Honse that Senate is ready for business.

On motion, Mr. Green was appointed doorkeeper temporarily.

The following Senate bill was read second time:

By Mr. Sweat-

A bill to amend an Act to provide for the holding of the sneral city oonrts by other city court judges.

The following Honse bill was read first time:

By 1\lessrs. Hc.nvard and Hicks-
A bill to repeal the Act establishing the city oonrt of Dublin in and for the county of Lowndes.

Referred to Special Judiciary Committee.

The following Senate bills were read fi.rst time :

B) Mr. Comas-
A bill to create a board of roads and bridges for Appling county.

Referred to Corporations Committee.

By Mr. TisingerA bill to regulate the law of year's support.

Referred to General Judiciary Committee.

Jou:a."'AL OF THE S&.'iATE.
By Mr. Smith-
A bill to provide that all property without a lawful owner
shall belong to the State. Referred to General Judiciary Committee.
By 1\fr. SkeltonA. bill to provide for the payment of costs in civil cases
in snperior, city, county and justice courts.
Referred to General J udieiary Committee. By llr. Skelton-
A. bill to authorize justices of the peace to change the time of holding their courts.
Referred to General J udieiary Committee. By Mr. Skelton-
A bill to provide how marriage licenses shall be issued. Referred to General Judiciary Committee. By Mr. SkeltonA bill to amend ~tion 3'161 of the Code of 1895. Referred to General J udioiary Committee. The following :resolution was read and adopted : By llr. MathewsA resolution appointing a committee to prepare suitable

WED~ESDAY, Ju~E 24, 1903.

7

resolutions oo the death of the late Senator Rountree. The committee is composed of Senators Mathews, Williams and Moore.

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

J/1. President :
I am instructed by the House to inform the Senate that the Honse has passed the following joint resolution in which the concurrence of the Senate is asked, to wit :

A resolution providing for the appointment of a joint committee to notify the Governor of the organization of the General Assembly and its readiness to receive any communication he may wish to transmit.

Mr. President :
The committee from the Senate, together with a similar committee from the House of Representatives, has, in compliance with iustructions, notified his Excellency, the GoYernor, that the General Assembly has convened and is ready for thE:' transaction of business.
The Governor will communicate with each branch of the General Assembly in writing.
REID, CHRISTIE, TISI~GER,
Committee.

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

8

JouRNAL OF THE SENATE.

Mr. President:
I am directed by his Excellency, the Govern(lr, to deliver to the Senate a communication in writing.

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

!Jl.r. President :
I am instructed by the House of Representatives to inform this branch of the General Assembly that the House bas reconvened according to law and is now ready to proceed with the regular business of the session.

The following is the annual message of the Governor:

STATE OF GEORGIA,
ExECUTIVE OFFICE,
Atlanta, Ga., June 24, 1903.
To the Gene1al Assembly: It is a matter of congratulation that the people through-
out the State have manifested, during the past year, satisfaction with the manner in which the various departments of government have performed their respective constitutional duties.
The Constitution makes it the duty of the Goveruor to "see that the law;; are faithfully executed," but this can only be done with the cordial assistance and co-operation of the many State and county officials who are close to the citizen. It is a pleasure to acknowledge that these public servants have zealously and efficiently performed their important duties, in a spirit of moderation and courtesy, which has left no friction, but contributed to the harmony and contentment of a great and prosperous people.
Justice and right have been administered by our courts "freely without sale, fully without any denial, and speedily

WED~ESDAY, Ju~E 24, 1903.

9

without delay." Onr judges ha,e discharged their duties without respect to person and have doue equal rights to the poor and the rich as prescribed by their oath of office, so that the judiciary has deserved and continues to receive the confidence of all the people.-
The important measures adopted at your last session have been highly approved and commended, particularly those promising to equalize the burden of taxation and at the same time add materially to the State's income without unfairness to any interest. Under our system of tax returns it will, in all probability, be the first of September before we can know definitely the increase in taxable values which will result from the franchise law, but its administration has advanced sufficiently to justify the expectation of a substantial increase.
Many important measures were brought over from your fession of last winter. As they are now pending and have recehed consideration by your committees, and in some cases 'by one of the branches of the General Assembly, I deem it unnecessary to discuss them in this communication. I wish, however, to urge again favorable consideration of the questions discussed in my message of November 8, 1902, upon which final action has not been taken, viz.: Limitation of the Tax Rate, Amendment to onr Common School System, Agricultural Schools and Exemption of College Endowments. In addition to these questions, I desire to lay before you some matters that have presented themselves in the administration of the affairs ot State since your adjournment last December, which are considered of sufficient interest to demand your attention :

TAX EQUALlZERS.
The issues raised in connection with the efforts to collect th~ franchise tax again emphasize the necessity of devising some method fot equalizing tax values. This matter has

10

o r J o t r . B N A L

THE SENATE.

been frequently called to the attention of previous General Assemblies, by my predecesaora, and in accordance with their recommendations a law of this nature was passed in 1891, which, without injustice, caused an increase of $19,000,000 in the returns for 1892, while the year following the repeal of the law there was a decrease of $11,000,000 in the returns. There were certain objectionable features in that statute which could have been easily cured by amendment, and it is unfortunate that the entire Act should have been repealed instead of preserving those provisions which were wise and beneficial. The need of tax equalization grows with our increase in wealth and population. Our law for the return, valuation, assessment, arbitration and collection of ta:x:ea is subatantially what it was when the Act of 1804 wu pasaed, and when our population was ~00,000, and the taxable values of the entire State were leSli than thuse in, a single county of to-day. At that time the principal subjects ot taxation were slaves and farming lands, and most of this property was on the eastern h01de1 of the State, where the soil and crops were nearly identical, and uninfluenced by proximity to manufacturing enterprises or great cities. All this has been changed : The population bas increased 1,200 per cent, and we now have the varied crops of north, middle, south and west Georgia, 'vith mountain land, rolling country, and a vast area of pine forests which are rapidly being converted into farms.
Not only do the soil and crops differ, but the value of the farming landllJ is influenced by nearness to market an<l proximity to railroads. Besides new forms of value have arisen. Factories, foundries, railroads, saw-mills, mines, honda, and an indefinite variety of personal property have come into existence, yet there is no adequate method of determining what is in the State subject to taxation, nor any fixed standard for determining its value. It is well

WEDXESDAY, Ju~E 2-t, 1900.

11

known that land of practically the same productive capacity, and with almost identically the saine improvement, is frequently returned by one owner at full price, and by the other at less t.han one-half. The fairer the taxpayer, the more onerous the burden. The State, in effect, offers a ptemium to him who shirks instead of to him who willingly and cheerfully complies with the spirit of the law. This is wrong, unjust and inequitable, and can only be cured here, as it has been cured elsewhere, by the creation of County Boards authorized to examine returns, to see that omitted property is put on the books, and that property of the same kind and value is assessed and taxed alike. But even this does not fully meet the difficulty, for what is true of two neigh boring citize us, may be equally true of neighboring counties, or of those more remotely separated. Property worth a million dollars in one may be so returned, but property of an equally aggregate value in anothet county may be given in at half its value. Farming lands in one part of the State may be returned at one price, and in another at a very different price. Corporate property may be practically exempt in one part of the State, and highly valued, or valued at full price, in another. These discrepancies and inequalities are not only in violation of the spirit of the law, but they diminish the State's income at the expense of those who live in the jurisdiction where full returns are enforced. The evil can be speedily corrected by the establishment of a State Board, under whose administration not one dollar of unjust tax will be imposed, but where the unequal burden will be taken from the county and individual now paying too much, and distributed equally among those who are paying too little.

SCHOOL LANDS.
The Legislature passed an Act on December 15, 1818, reserving certain lots of land, to wit: Lots numbers 10

12

JouRNAL OF THE S.&.."ATE.

.and 100 in each surveyor's district fnr the education ol poor children. Many of these lots have never been disposed of by the State. As late as 1890, page 542 of the Acts of 1890-l, the Legislature again asserted the State's title to the lands reserved by the Act of 1818.
In pursuance of the duty imposed upon me by section 126, Volume 1 of the Code, to protect. the State's interest wherever the same is in jeopardy, I conceived it to be my duty to have proceedings instituted so that these lots might be recovered and utilized "for the purpose specified. An invectigation of the condition of these lots resulted in showing that they were, praetically without exception, adversely claimed to the State, and that it would require possibly 226 suits to recover them.
It is manifestly impossible for the Attorney-General to look in person after this litigation so widely scattered, and to give to the matter that personal attention its importance demands. I aocordingly contracted in January, 1903, with 1\Iessrs. Haygood, Cheney and Cutts as special attorneys to assict the Attorney-General in the prosecution of the State's claims. The com frensation agreed to be paid to the special attorneys was twenty-five per cent. of the net recovery. The contract is of file in this office. I am ad\ised by the Attorney-General that there has already been reco,rered, and paid into the State .rreasury, the net sum of -31,669.46. The Attorney-General has also called my attention to the fact that there are some claimants to these lands, whose possession originated in good faith, and who have erected valuable improvements thereon. I have uo doubt that some innocent people, in perfect good faith, have purchased these lots, giving value therefor. No prescription can, of course, run against the State, and until the State grants the land her title must remain paramount. I felt it my d11ty to recover these lands for the State, and, while the day of accounting between the State and the

\YEDSESDAY, JUSE 24, 1903.

13.

claimants ha;; already been long deferred, it is better that the questions of difference should now be settled than later on, for the State would not be barred by lapse of time, and long occupation and use of these lauds would result in loss and injury to other innocent purchasers.
In the course of this litigation no doubt cases will arise that will appeal strongly to equitable settlement and adjustment. I think should such cases arise, the State should. act fairly and generously toward those who have been unwittingly imposed upon. To the end, therefore, that settlements may be had and the title quieted, wherev~r in good faith the present claimant has purchased and improved the State's land, legislation should be enacted providing for the submission of the questions of good faith and va,lue to the jury of the vicinage, and where it is madeto appear that the claimant purchased in good faith and bas made valuable improvements thereon, that the State's right of recovery should be limited to the value of t.he lalld before the improvements were made.
In cases where snit has not yet been brought, I think, and so recommend, that it would be well to provide that the Govemor may submit the questions of good faith and value to arbitration, where in his judgments the equities of the case require. It should be further provided that on the finding of the jury, in the fir:>t instance, or the award of the arbitrators, in the latter, that the Governor should be empowered, upon payment of the sum found, to renounce the State':3 title to such land.

STATE CARE OF COXFEDERATE GRAVES
I deem it my duty to the memory of them of a past generation that vouchsafed so much to the people of to-day, to call your attention to the neceEsity for State care of the graves of Confederate heroes. 'Vithout seeking to take

14

JOl.'R~AL OF THE SE~ATE.

from the Ladies' Memorial Associations of Georgia any 11art of the loving tributes which they annually pay to our noble band in gray, the State should give this endorsement to the valor and patriotism of the most glorious period in her history, and assume the small cost involved in the fitting care and appropriate marking of these consecrated mounds.
In order that .this may be done, the General Assembly should provide for a Confederate Memorial Board, and for the acceptance of all deeds conveying title to the State in Confederate cemeteries, and then make sttitable annual appropriations for the care and keeping of the same, leav-. ing to the Ladies' l\femnrial Associations the tender charge of decoration, which belongs to them by the priority of cousecrated devotiou.
Under congressional legislation our people are called upon to contribute their pro rata of taxes to the care of the Federal graves. Out of our bounty we should be glad to assume practical custodianship of the graves of our own sons, who fought for the honor and glory of' their State, and in this way show to the world that. we intend to uphold the fair hands tbat have so long and uncomplainingly cootrilmted, out of their impo\erishment, towards keeping green the memory of Georgia's historic and patriotic dead.
To this end I recommend the plii.SSage of an Act on the line of the Awtry Act of HUH, so that the investigation therein contemplated may be made, and a report as to the condition of these cemeteries submitted before the next meeting of the General Assembly.

CROHNAL ISS A.NE.
There are between thirty and forty patients in the State Sanitarium Lelonging to that class usually referred to as criminal insane. The dictates of humanity, as well as the

WED~ESDAY, JcxE 24, 1903.

15

proper enforcement of the law, call for a complete separa-
tion of the innocent insane from the criminal insane.
Several mouths since I had a conference with the superin-
tendent relative to this matter, and requested him to pre-
sent it to the Board of Trustees. This was done, and at
the .April meeting thereof the following resolutions wel'e
adopted and forwarded to me :
"'YHEREAS, The presence in the State Sanitarium of condcts and of criminals has an unfavorable moral effect upon the unfortunate persons for whose benefit the institution was established, and
" WHEREAs, The custody of these classes of the insane creates an erroneous impression as to the character and purposes of the Sanitarium, and suggests to the public mind the idea of a place of confinement and of safe keeping for criminals, instead of a refuge for the liberal care and for the scientific treatment of mental diseases; and
"'VHEREAS, Insane com-icts and insane criminals occupy the limited space in the Sanitarium at the expense of worthy applicants, and claim the attention of the medical officers and other employees which should be bestowed upon the innocent insane; therefore,
"Resolred, That it is the sense of the Board of Trustees of the Georgia State Sanitarium that it will be to the best interests of the State and of the Sanitarium for suitable provision to bP. made for the proper care of insane convicts, and also of insane criminals, proYided the court and jury committing such insane criminals so recommend, at the State Prison Farm, and that the Sanitarium be relie,ed of the duty of recei\ing and of maintaining these classes of insane persons_
" Resoll'ed, 'l'hat a copy of these resolutions be forwarded to the Go\ernor of this State, and that he be requested to bring the subject to the attention of the General Assembly of Georgia, with such recommendations as he may deem appropriate in the premises."
Suitable provision can be made for this class of unfortunates at an exceedingly small cost in proportion to the
amount of good that may be accomplished, by authorizing
the Prison Commission to erect, upon the Prison Farm
near Milledgeville, a building to be used as the hospital for criminal imane. Such patients as may need the care

lG

JouRNAL OF THE SE~ATE.

and attention of experts in insanity could be treated by the corps of physicians at the State Sanitarium, and the hospital, so far as concerns the treatment of the patients, could be placed under their watchcare.
Patients who come within the designation of criminal insane propel'ly belong to two classes : First, those who become insane while serving a sentence in the penitentiary, or after conviction, and, second, those who Cl)mmit crime, or are charged with the commission of crime, and become insane before conviction. All of the first class, without exception, should be sent to this Hospital, and the law should leave it within the discretion of the tribunal committing the last named class whethet they should be seut to the State Sanitarium or to the Hospital for Criminal Insane.
:MITCHELL STREET P AVI~G.
The noise occasioned by the travel over :Mitchell street on the south side of the Capitol has always been a source o! much annoyance to the Supreme Court, often interfering with the deliberations of the Court and the argument ol cases. The following letter from the Judges of the Supreme Court sets forth the complair.t and suggests a change in the pavement:

SUPREliE CouRT OF GEORGIA, Atlanta, June 3,1903.
IIon. Joseph JI. Te/'lell, Governor of Geoigia, .Atlanta, Ga.
DEAR SIR:-,Ve desire to call your attention to theserious inconvenience that the Supreme Court sutlers from the noise of vehicles passing ovet the rubble stones on )Iitchell street. This mol'lling this noise was so great at one time that counsel we1:e compelled to suspend argument until the vehicles had passed. This happ~ns often while argument is being heard, and similat noises interfete seri-

WEDXESDAY, JusE 2-!, 1903.

17

ously with the Court when in consultation; all work bav-

ing to be suspended until the vehicles have pa,;sed out of

hearing distance. We have no doubt you have noticed

this inconvenience yourself.

The noise would be greatly reduced if the character of

the pavement were changed; and we woulJ request that

yon call the attention of the General Assembly to the mat-

ter, with such suggestions as you see proper to make..

Yours very respectfully,
T. J. SDI~IOXS, c. J.

SA:~I'L L1DIPKIX, P. ,J.

\V)f. H. FISH, A. J.

AxnREW J. CoBB, A. J.

s. JOHN

CANDLER, A. J.

J. R. LA :liAR, A. J.

Upon the receipt of this lettel' I conferred with the authorities of the city of Atlanta and ascertained that the cost of paving :Mitchell street with asphalt, for the block in front of tbe Capitol grounds, would be about $5,600, of which amount the property owners would have to pay, under the city ordinance, about $2,700, making the State's. share approximately $1,350.
I therefore recommend that the sum of $1,3.50, or so much thereof as may be necessary, be appropriated for this purpose.

GEORGIA STATE TROOPS.
The reorganization of the military forces under an Act approved December 17, 1902, has been about completed,. and the State Troops present a fine body of well equipped and well trained soldiery. Acting upon the recommendation of the Advisory Board, I have arranged, with the assistance of the Adjutant General of the State, for au encampment this summer of the five Regiments of Infantry

18

JOURNAL OF THE SENATE.

and the Regiment of Cavalry, at the expense of the United States Government. The instructors of these camps will be U. S. Ar.my officers, and much valuable information in the detail 'vork will be derived and the soldiers will receive practical training in their duties.
l have not been called upon to order out any of the troops to perform riot duty, but at the request of the civil authoritjes at Anderson ville on 1\Iay 30, the day set apart for decorating Federal graves, I ordered Company 1\I, Fourth Infantry, to Andersondlle for the purpose of policing the town.
On the 1st day of June a terrific storm passed through the city of Gainesville, killing and wounding se Yeral hundred people and destroying many homes and much property. The next day the l\Iayor notified me that guards were needed for the hospitals and to protect the property exposed to vandalism, and requested the use of Troop "F," First Cavalry, for that purpose. I ordered the Troop to report to the Mayor for such guard duty as he might direct. The Troop promptly responded to this call and remained on duty nine days.

REPORTS OF PUBLIC I:KSTITUTIONS.
The reports from the various educational and eleemosynary institutions of the State will be placed before you, to which I invite your careful consideration. These reports are thoroughly exhausti\e and bear unmistakable evidence of painstaking care in their preparation. While I commend to your careful consideration all the recommendations and suggestions contained in these reports, there are certain recommendations to which I specially inyite your attention.
The Board of Visitors to the Academy for the Blind recommends that the present Academy site Le sold, or ex-

WEDXESD_\Y, JuxE 24, Hl03.

19

changed for one affording more room for buildings, etc. The grounds are considered too small for the present needs of the Institution, and being centrally located in the city 01 l\Iacon could, doubtles,., be sold for a good price, or exchanged for property better suited to present requirements.
Sotlle very important recommendations will be found in the report of the Board of Yisitors to the School for the Deaf, at Cave~Springs, the most important of which is that relating to the enlargement of the buildings, so as to comfortably provide for the inmates of the school. AccordinK to this report the capacity of the buildings is insufficient; there being fourteen white children crowded into one sleeping room, and twenty colored children in another room. This state of aflairs, if allowed to continue, will very likely produce sickness and disease among the children, and should be carefully investigated. There are applications on file with the Superintendent for the admission of 25 more children, but for want of sufficient room they can not be admitted.
You will have before you the report of the Trustees of the State University and of the Board of Visitors to the University; the report of the Trustees of the School of Technology; the report of the Directors of the Georgia Kormal and Industrial College; the report of the Trustees of the State K or mal School; and the reports of such other public institutions as are not mentioned above. These reports contain much valuable information, and the recommendations made therein are of great importance, and I commend them to your thought~ul consideration.

OFFICIAL HEPORTS.
You will also have before you reports from the various departments of the State government, all of which contain many interesting and valuable suggestions, and which, I

20

.Jou.RWAL OF THE SE:SATE.

am sure, will receive at your hands the consideration towhich they are entitled. Those of the Comptroller-General, State TrE>asurer, State School Commissioner, AdjutantGeneral, Attorney-General, Commissioner of Agriculture,. Secretary of State, Prison Commission, Compiler of Records, State Librarian, Pension Commissioner, Keeper of Public Buildings, and other officers of the Executive Department, bear evidence of the fact that these faithful and. efficient public servants have devoted themselves unselfishly to the interests of the State.
The State School Commissioner recommends that thelaw be amended so that the State Treasurer be authorized to transfer from the general fund to the school fund the sum of five hundred thousand dollars. Under the present law the State Treasurer an ouly transfer four hundred thousand dollars for this purpose, and the extra one hundred thousand dollars, in the opinion of the State School Commissioner, will enable him to pay the teachers during the first six months of the year one-half of the amount due them for the entire year, instead of two--fifths under present legislation. This amendment can be made without detriment to the State's interest, and I trust you may favorably consider same.
According to the report of the Keeper of Public Buildings there are certain other repairs needed around the capitol, such as repainting the walls in the Senate chamber and hall of the House of Representatives, laying new carpets, etc. He estimates that these repairs can be made for the sum of $7,930.00, and after a full investigation, if you are of the opinion that such repaira are necessary, I recommend that a su:Oicient amount be appropriated with which to do the work.
As authorized by section 6 of the General Appropriation Act of 1902, which provides for the compilation of the Colonial, Revolutionary and Confederate Records of

WEDNESDAY, JuxE 24, 1903.

21

'Georgia, I beg to advise you that I appointed Ron. Allen D. Candler to compile these records, and that he entered upon the discharge of his duties on the first day of January of this year. You will have before you his report, and I trust you will carefully consider the recommendations made therein.
I also call your special attention to the recommendation of the Attorney-General looking to an amendment of the -General Tax Act of 1902. In a case recently decided by the Supreme Court, viz.: Jones v. Stewart, at the present term, the Court by a majority opinion ruled that under the Tax Act of 1900, the exclusive remedy for the collection of a special occupation tax was by indictment and conviction. This opinion was rendered by three of the ju1>tices, while two dissented therefrom, holding that the method provided in said Act was merely cumulative and that the State could either, through its proper officer, issue an execution against the delinquent tax-payer, or could proceed criminally against such defaulter. The sixth judge did not preside because of providential reasons.
In the opinion of the Attorney-General this decision will greatly impede the collection of special occupation taxe!', and he thinks, and recommends, that the Legislature should amend the General Tax Act of 1902, which is substantially on this point, the same as the General Tax Act of 1900, so as to make the remedy by indictment cumulati\e, giving to the State the right to proceed both upon execution issued by the proper officer upon information, as well as the right to prosecute for a violation of the Tax Act.
Tbis recommendation, in my opinion, is wise and proper. To require the State to put in motion the machinery of the law in criminal courts before it can collect its revenue, would greatly multiply the difficulties, as well as endanger

21

JOUBli.AL OF THE SENATE.

the collection of the revenues of the State. I therefore conour in the recommendation of the Attorney-General and recommend legislation on the line indicated.

STATE'S FINA~CES.
The State Treasurer has paid to the common school teaoherti all the money coming into the treasury which belongs to the school fund, and also the $400,000 which he is authorized by law to transfer from the general to the school fund. These payments are not only larger, but were made :rpuoh earlier in the year than formerly, and without borrowing any money for that purpose. In former years loans amounting to $150,000 to $200,000 have been necessary to enable the Treasurer to make these payments. To be able to carry out the provisions of our school laws without borrowing any money whatever is most gratifying, as it shows that the condition of the State's finances has considerably improved. Indeed, it woa.ld not have been necessary to borrow any money whatever during the present year bad the General Assembly convened in October instead of June. After conferring with the State
Treasurer it was ascertained that the sum of $65,000
would be needed to pay the expenses of this session of your body, and with his assistance I have arranged to borrow that sum for five months at two per cent. per annum, or five-sixths of one per cent. for the term, fmm the following banks in this State, viz.: Southern Bank at Savannah; Neal Loan & Banking Company and Fourth National Bank, Atlanta; Exchange Bank, Macon, and Third National Bank, Columbus. 'his loan, at such aremar!tably low rate, demanstrates alike the high credit of the State and the excellent condition of the Georgia banks.
J.lU. TERRELL, Go\'ernm.

WEDXESDAY, JcsE 24, HI03.

23

APPENDIX A;
In accordance with the requirements of section 5815 of the Code, I herewith submit reports of all Reprieves, Commutations of Sentence, and Pardons granted by me.
PARDO~S GRANTED BY THE GOVERNOR.
0RIE STEGALL.-Larceny after Trust. Superior Court of Fulton county, Fall term, 1901; sentence two years in the penitentiary. Defendant was a young white b:>y only fifteen years old and plead guilty to taking $1.50 of his employer's money. He has served about twelve months. Pardon recommeded by the prosecutor and the Judge who tried him. Granted November 7, 1902.
WILLIA:li \Vr::mmr.-Burglary. Superior Court of Carroll county, December term, 1901; sentenced to one yeat in the penitentiary. Good conduct and ill health. Pardon recommended by the Judge and Solicitor and the Grand Jury, and by nine of the trial Jury. Granted November 13, 190t.
RoBEKr S. TrGXER.-Embezzlem ent. Superior Court of Fulton County, Spring Term, 1902; sentenced to six: months in jail. .Made full re5titutiou of the amolmt embezzled. Served three months and physician states that he is suffering with heart disease. Granted November 14, 1902.
NATHAN PORTER.-Gaming. City Court of Valdosta, January term, 1902; sentenced to twelve months. Served about nine months and suffered with consumption. Paid all costs and reimbursed the county for the expenses of his trial. Pardon recommenied by the Superintendent of the Chaingang, Chairman of the County Commissioners and the Solicitor who prosecuted him. Granted November 15. 1902.

24

JOURNAL OF THE SE:SATE.

ALEX WEST.--l\'lalicious 1\iischief. Superior Court of Ran-dolph county, November term, 1901; sentenced to twelve months. Was convicted at the same time of selling whisky and sentenced to twelve months, which term he has fully served. Pardon urged by the trial Judge and Solicitor, the County Officers and a large number of good citizens. Granted November 15, 1902.

C. R. JoanAN.-Robbery. Superior Court of Bibb county, April term, 1901; sentenced to seven years. 'Vas only twenty years old and appears to have acted under the influence of older associates. Granted November 18, 1902.

SPENCER McCROSKEY.-Cattle Stealing. Superior Court of Franklin county, October term, 1901; sentenceJ to t1vo years. Defendant was a weak-minded boy only seventeen years of age. His father paid $25.00 for the cow and induced the boy to plead guilty with the underdtanding that he would be allowed to pay a small fine, which was agreed to by the Solicitor. This the Court refused to allow and sentenced him to two years, while the principal offender was only given a chaingang sentence. Has sen'ed more than a year. Pardon urged by the Solicitor and a large number of citizens. Granted November 21, 1902.

BEN H. 'VILLIAliiS.-1\fanslaughter. Superior Court of Charlton county, April term, 1898; sentenced to ten years. In June, 1900, his sentence was commuted to five years, which he fully served with the exception of two days. Granted November 28, 1902.

DoLLY PRITCHARD.-:M:urder. Superior Court of Cherokee county, Fall term, 1900; sentenced to life imprisonment. Evidence circumstantial and some doubt as to her guilt. Pardon recommended by County Officers, Grand Jury which indicted her, the trial Jury, the presiding Judge, the Solicitor-General and several hundred citizens. Granted December 3, 1902.

CLAREXCE HOYAL.-Larceny. City Criminal Court of At-

W EDX ESDAY, J1JNE 2-1, ] 903.

25

lanta, September term, 1902 ; sentenced to three months. Physician states that he has a disease that will likely prove fatal. He is confined to the hospital and unable to work. Granted December 8, 1902.
R. E. L. YouNG.-Burglary and Larceny from the House. Superior Court of Hall county, March term, 1901 ; sentenced to twelye months in each case. The two offenses were involved in the same transaction, and he has served out one sentence, and nearly served out the second. Good conduct and sufficient punishment. Granted December 8, 1902.
EmrA LYONS. -Assault to murder. Superior Court of 'Vilkes county, May term, 1902; sentenced to two years. She cut another negro woman with a knife, apparently without any intention to kill her. Clemency urged by ten of the trial Jurors and the presiding Judge on the ground ofsufficient punishment. Granted December 8, 1902.

RoBERT TYRE.-Assault with Intent to Murder. Superior Court of Pierce county, l\Iay term; sentenced to fiye years. Prosecutor received no injury in the encounter and now asks .for his pardon, as do also about seven hundred good citizens, the trial Judge and Jurors. Has serYed two years with good conduct. Granted December 10, 1902.
LuLA RomNSON.-I\Iurder. Superior Court of Polk county, February term, 1899; sentenced to life imprisonment. 'Vhile she was being carried to the penitentiary the train was wrecked and the guard who had her in charge rendered unconscious. Although 8he had every opportunity to escape, she remained and rendered great. assistance to the wounded and suffering. Her conduct has been good and she bas serYed more than three years. Pardon granted December 12, 1902.
Jom< JoNEs.-Murder. Superior Court of Chattooga county, March term, 1894; sentenced to life imprisonment. Evidence would have authorized a Yerdict of Manslaughter. Defendant

26

JouRNAL oF THE SENATE.

bas served more than eight years, and his pardon is recommended by the Grand Jury which indicted him, the Jury that convicted him, County Officers and the Judge and Solicitor. Granted December 12, 1902.

HENRY McDANIEL.-Voluntary Manslaughter. Superior Court of Newton county, September term, 1897 ; eentenced to eight years. His son was convicted at the same time and sentenced to twelve years, and was pardoned June 28, 1901. Defendant is now eighty years of age and very feeble, and the Camp Physician says he cannot live but a short time. Granted December 19, 1902.

CARRIE SliiTH.-Larceny. City Criminal Court of Atlanta, October term, 1902; sentenced to six months. Was convicted of stealing two plated spoons of small value. Has one child dependent on her and is now in a state of pregnancy. Clemency ,ecommended hy the Judge and Solicitor and City Officers txranted December 24, 1902.

HENRY RESPAss.-Stabbing. Superior Court of Schley county, April term, 1902; sentenced to twelve months. Has Ferved most of his term and is now confined to his bed with dropsy. Granted January 6, 1903.

ARTHUR CHERRY.-Seduction. Superior Court of Stewart county, October term, 1900; sentenced to five years. ffe was convicted of seducing a negro woman of doubtful chastity. Clemency strongly recommended by two hundred good citizens. Granted Janaary 6, 1903.

HASKELL \VEBB.-Assault and Carrying Concealed \Veapons. City Court of Clarkesville, February term; 1902 ; sentenced to twelve months in each case. Both offenses were committed in one transaction. He was trying to avoid a difficulty with prosecutor and shot at him while the prosecutor was advancing. Clemency urged by the Judge and Solicitor artd a number of good citizens. Granted January 7, 1903.

WEDXESDAY, Ju~E 24, 1903.

27

J. C. WREN.-Assault. City Court of Floyd county, Fall term, 1902; sentenced to six months. Defendant was drunk when the crime was committed, and his pardon is urged by the prosecutor, Judge and Solicitor and a large number of citizens. Granted January 7, 1903.

'VILLIAlll E. EDWARDs.-Forgery. Superior Court of Fulton county, January term, 1902; sentenced to two years. He forged the name of his cousin to a small check and was paying the money back when arrested. The offense was committed when he was in very destitute circumstances. Clemency urged by the prosecutor, Solicitor and the person whose name wa~ forged. Granted January 7, 1903.
PETER STEPHENS.-Stealing a ride on a railroad car. County Court of Butts county, June term, 1902; sentenced to twelve months. Clemency recommeded by a number of good citizens, County Officers, the Judge and Solicitor and the local Coun~el for the railroad. Granted January 12, 1903.
.w. S. BROWN.-:Murder. Superior Court of Talbot county,
September term, 1898; sentenced to life imprisonment. Newly discovered evidence shows mitigating circumstances. Defend. ant is seventy years of age and dangerously diseased, and unable to work. Clemency urged by the Prison Officials,(340 good cit izens, County Officials, trial Jurors and the trial Judge and Solicitor. Granted January 12, 1903.

ToBE JONES.-Arson. Superior Court of Randolph county, :May term, 189i ; sentenced to fifteen years. Convicted principally on a confession claimed to have been made to a professional mind-reader. Prosecutor doubts the evidence and now asks for clemency, as do also the Solicitor-General and a number of good citizens. Served with good conduct for more than five years. Granted January 7, 1903.

CsAS. BuRKHALTER.-:\Iurder. Superior Court of Marion county, April term, 1884; sentenced to life imprisonment. De

Jm::rnN.u. or THE SEXATE.
fendant killed a man who bad seduced his wife and bad taken her away :from him. He has served more tb$n eighteen years and his release is urged by the Judge and Solicitor and a large number of citizens. Gr&llted January 18, 1908.
FRED FARBIB.-Btabbing. Superior Court of' Fulton county, October term, 1901; sentenced to twelve months in chaingang and twelve months in jail. Has fully served'his chaingang sentence and clemency is urged by the Ordinary, Sheriff, Clerk, Solicitor General and others. Granted January 13, 1908.
SA)I BASs'ftT-Larcenvafter Trust. Superior Court ofOconee -county, January term, 1902; sentenced to twelve months. Convicted of using $1.60 of the prosecutor's money. Clemency recommended by the Solicitor. Granted January13, 1903.
liE~BY NurMONs.-Burglary. Superior Court of Coweta county, March term, 1899; entenced to six year~. Principal witness against him now says that he was mistaken as to the facts. Has served over three years and clemency is recommended by the Judge, Solicitor, Prosecutor and others. Granted January 13, 1903.
Nm KERCE.-1\{urder. Superior Court of Worth county. April term, 1893; sentenced tn life imprisonment. Convicted on circumstantial evidence and the principal witness against him has since been successfully impeached. Clemency urged by the Judge and Solicitor, Grand Jury, County Officers and others Granted January 18, 1903.
GxoB.GxGaAr.r.-1\iurder. SuperiorCourtofBaldwincounty, January term, 1892; sentenced to life imprisonment. The killing took place in a general riot at a negro festival, and there was conEiderable conflict iu the evidence as to lvho fired the fatal shot. Has served more than ten years and clemency is recommended by six of the trial Jurors, many good ci tiaens and the SolicitorGeneral. Granted January 15, 1908.

WEDXESDAY, JUSE 24, 1903.

29

PITTS HIGHTOWER. -Pointing a Gun at Another. County Court of Butts county, September term, 1902; sentenced to twelve months. Physician certifies that he now has scrofula, which threatens the loss of his eyesight if longer confined. Clemency urged by the trial Judge and Solicitor. Granted January 16, 1903.

DunE CooK.-Carrying Concealed Weapons to a church. Superior Court of Butts county, August term, 1902; sentenced to eight months or a fine of $60.00. Served about font months and now afflicted with a loathsome disease. Camp Physician recommends his release. Granted January 16, 1903.

A. C. FRYE.- Assault to Rape. Superior Court of Chattooga county, ~larch term, 1901; sentenced to ten years. The principal witness against him testified that he only caressed her, and there is doubt as to his intention to commit rape. Clemency recommended by County Officers and many good citizens, and by ten trial Jurors. Granted January 16, 1903.
Jorr:s ~1cGouGH.-Voluntary Manslaughter. Superior Court of l\Iuscogee county, November term, 1900; sentenced to fourteen years. Is afflicted with tuberculosis and heart disease. Clemency recommended by County Officers and many citizens. Granted February 9, 1903.
JoH:N RuTHERFORD.-Larceny. Superior Court of Monroe county, October term, 1902; sentenced to twelve months. Is badly afflicted and unable to work. Clemency urged by County Commi~sioners. Granted February 9, 1903.

GEORGE AusTIN.-Rape. Superior Court of Gwinnett county, September term, 1898 ; sentenced to ten years. He was convicted of raping a negro 'voman, and it has since been shown that she swore falsely. Clemency recommended by nine Jurors and many reputable citizens. Granted February 9, 1903.
Jou:s WEsT~IOREJ.A:-I -Larceny. City Criminal Court of

30

JOURNAL OF THE SE.~A.TE.

Atlanta, November term, 190:.& ; sent.enood t.o six months. De fendant. was a small boy only fifteen years old and the article stolen was a book of small value. Clemency recommended by the Judge, Solicitor and Prosecutor. He has served three months. Granted February 9, 1903.

W. H. WEW!'ER.-Violating the Sabbath. Superior Court of Pulaski county, September term, 190~, sentenced to twelve months.. He sold goods from his store to the amount of' fifty cents, at the request of the purchasers and for their accommodation. His release is urged by one hundred and fifty citizens of the county and by .the trial Judge and Jurors. Granted b'ebruary 9, 1903.

WrLLIE M.Jommo~.-Larceny. Criminal City Court of Atlanta, October term, 1902; sentencP.d to eighteen months. Defendant. is a woman, and the Camp Physician certifies that she is in an advanced state of pregnacy and should he released. Clemency recommended by the trial Judge and Solicitor. Granted February 9, 1903.

WILL EvANs.-Voluntary Manslaughter. Superior Court of Hall county, November term, 1900; sentenced to seven years. It appears that the deceased was the aggressor in the difficulty, having knocked down the defendant with a pair of knucks and badly beat him over the head and face. At the time of the killing defendant claims that deceased was attempting to draw a pistol. Clemency recommended by the Foreman of the Grand Jury, ten of the trial Jurors, several County Officers and the Judge who presided. Granted November 4, 1902.

PINK DrLL.-Voluntny manslaughter. Superior Court ot Habersham county, September term, 1895; sentenced to ten years. Killing occurred in a drunken row in whioh it appears that the deceased was the aggressor and was advancing on defendant with a knife. Clemency urged by the Prosecuting Officer, trial Judge and Jury, the Grand Jury which indicted him, County Officers and many citizens. Granted March 9, 1903.

WEDNESDAY, Jmm 24, 1903.

31

JOHN FoWLER.-Murder. ~uperior Court of Rabun county, 1902; sentenced to life imprisonment. His brother.:; were con\icted of the same offense and eentenced to terms in the penitentiary, from which they ha,e been discharged. Deceased clied some time after the difficulty from imprudence at a country dance Clemency urged hy the trial Judge, Solicitor and Jury, the Grand Jury which indicted him, County Officers of Rabun and Walker counties and a large number of citizens. Granted March 9, 1903.

J. H. 'VJLKINS.-Larceny after Trust. Superior Court of Fulton county, fall term, 1HOO; sentenced to three years. His pre,ious <"haracter is shown to have been good, and this offense was committed while he was a victim of the morphine habit. Since his imprisonment he has been cured of the morphine h11bit and he has served all but three weeks of his sentence. Granted April 7, 1903.

J nr W EISINGER.--Canying Concealed Weapons. City Criminal Court of Atlanta, July term, 1902; sentenced to eight months. Pending his trial he remained twelve months in jail, which is thought to be sufficient punishment. Clemency recommended by the .Judge and Solicitor. Granted April 13, 1903.

WILLIAJ\I ~ioLANn.-Simple Larceny. City Criminal Court of Atlanta, December term, 1902; sentenced to twelve months or a fine of $50.00. Defendant was only ten years old when the crime was committed and has served more than four months which is thought to be sufficient punishment. The article stolen was a chicken. Clemency recommended by the trial Judge and the Solicitor. Granted April 13, i 903.

En CRAWFQRD.-Simple Larceny. Superior Court of Bibb county, Full term, 1895; sentenced to fifteen years. He has served with good conduct for more than eight years and it is thought that his punishment has been sufficient. Clemency recommended by the trial Judge, Solicitor and Jury~ County Officers and others. Granted April13, 1903.

32

JOIJBSA.L OF THE SE.SATE.

ARTHUR HALL. -Simple Larceny. City Court of' Montgomery
county, 1902; sentenced to nine months. He is suffering from
a chronic disease and is unable to work, has served several months in jail and further confinement might prove fatal. Clemency urged by the .Judge, Solicitor, Grand Jury and County Officers. Granted May 11, 1903.

JOHN PRICE.-1\:tisdemea.nor. Superior Court of Rockdale county, October term, 1902; sentenced to twelve months. He came to the rescue of a Guard who had been assaulted by a desperate convict and prevented an escape. Granted ~fay 11, 1903.

RosE HENDEBSO:N.-1\:turder. Superior Court of Lumpkin county, July term, 1879; sentenced to life imprisonment. She was convicted of Infanticide on circumstantial evidence, Has
served twenty-three years with good conduct; is now an old woman, and it is thought her punishment has .been sufficient.
Granted May 11, 1908.

GEORGE RucKEE..._Assault. and Battery. Superior Court of Elbert county, September term, 1902; eentenced to twelve
months. County Commissioners certify that his health bas failed and furt.ber confinement may prove fatal. Granted ~lay
11, 1908.
HORACE CtrRTII3,-Burglary. Superior Court. of Gordon county, .August term, 1902; sentenced to twelve months. The Judge and Solicitor-General say that in view of his age and mental infirmities be has suffered sufficient punishment. Granted May 11, 1903.
FRA~K SwAlN.--Murder. Superior Court of Union county,
1\Ia.y term, 1890; sentenced to life imprisonment. He was con-
victed on circumstantial evidence and the Judge before whont
he was tried and many good citizens have grave doubts as to his guilt. Has served with good conduct for more than thirteen
years. Granted :L\Ia.y 11, 1903.
JoSEPH WAY~E.-1\Iurder. Superior Court of Cherokee

WED~ESDAY, Ju~E 2-!, 1903.

33

eounty, September term, 1898; sentenced to life imprisonment The killing was dune in a sudden heat of passion uuder mitigating circumstances. His health has failed and clemency is urged by County Officials, Grauel Jury, trial Jury and many citizens. Granted :\lay 12, 1903.
0. W. CHE.;rrxurr.-Robbery. Superior Court of Bibb county, Aptil term, 1901 ; ~t>ntenced to se\'en years. His accomplice has been relea:;ed, and it appears that defendant was not the principal perpetrator of the crime. HM servod with good conduct. Granted -:\lay 1~, 190:3.

E. F. DAns.-Voluntary )fanslaughter. Superior Court of Laurens county, July term, 190 l; sentenced to five yeara. Was jointly indicted with three others, and it now appears that defendant was acting in the capacity of peacemaker. Clen1ency recommended hy County Ofiice1~, the trial Jury and Solicitor and, many citizens. Granted l\Iay 18, 1903.
LcKE ADA~rs.-Voluntary )lanslaughter. Superior Court of Newton county, lllarch term, 189i; sentenced to twelve years. Newly discovered evidence creates grave doubts as to his guilt. Clemency recommended by the trial J udg-~ and Solicitor. Granted May 13, 1903.

LEILA BuRGESs.-1\IUI'der. Superior Court of Franklin county, September term, 1884; sentenced to life imprisonment. DefenJant was only fourteen years old when the crime was committed. Her father had given her a severe whipping with an ox whip, and when het m"lther interfered in her behalf the father made an as5anlt on her, and. the defendll.nt struck her father \rith an ax in 01der to protect her mother. She has served more than eighteen years. Granted i\Iay 13, 1903.

SENTENCES CO:\DIUTED.

'VILLIA)I WIXTER.-Selling Whisky Illegally. County Court of Newton county, April term, 1902;seutencedto pay a fine of
3S

$75.00 or twelve months. Has served eight months and now desires to pay a proper proportion of his original fine. Sen. tence commuted tn a fine of S.JO.OO December, 19, 1902.
Joux T. BRWHT.-Carrying a Gun to a Court of Justice. Superior Conrt of Montgomery county, October term, 1902; sen tenced to six months in jail. The crime was committed while in a state of protracted drunkenness and he was consideretl mentally irresponsible. He has served a portion of his term with good conduct. Sentence commuted to a fine of $80.00 ru1 recommendation of the Judge who tried him Md County Officials, .January 6, 1903.
DAYE :\InHBAT.-A...'IIlllnlt to Rape. Superior Court ofl\Iacon county, :Xovember term, 1896; sentenced to fifteen years. The negro woman who was assaulted is shown to have been of loose character and unreliable. Ulemency is urged by one hundred a~d fifty good citizens of Macon county, by the trial Jurors and the Prosecuting Attorney. He has already served six years with good conduct. Sentence commuted to eight years, January 15, 1903.
RonEB.T K~IGHT A.:D 'VEt.OOXE GoLDING.-Volnnto.ry Manslaughter and Marder. Superior Court of 'Vare county, February term, 1!92: sentenced to twenty years and life imprison ment, respectively. Defendants were defending themselves in a house against a violent attack by several persons at the time the shooting occurred. Clemency is recommended by the Judge who tried them, the Grand .Jury which indicted them, trial jurors, and by County Officials. Sentences commuted to sixteen years, .January 15, 1908.
ALLEY HABDAWAY.-liurder. Superior Court of Spa:1din' county, August term, 1894; sentenced tn life imprisonment The J ndge and Snlicitnr who ttied him say that the defendant was guilty of Voluntary :Manslanghter, and that his punishment hal! been sufficient. Sentence commuted to ten years, January 1'>, 1902.

WE!!XESDA Y, JuxE 2-!, 190:3. 0
A. T. D.-\$HEH.-Simple Larceny. Superior Court of Lowndes county, Kovember term, 1902; sentenced to three years in the penitentiary. The defendant was charged with stealing a cow, which he claimed was his own, and it is doubtful whether he intended to commit a crime. Clemency is recommended by the Judge, prosecutor, County Officers, Grand Jury, trial jury and many good citizens. Sentence commuted to a fine of 8200 00, February l:i, 1903.
ALBERT FLOYD.--l\Turder. Superior Court of Calhoun county, ~pring term, 1899; sentencecl to life imprisonment. This negr<J, finding his wife in bed with another negro, fired into the party and killed his wife, while the man escaped. He has served fourteen years and clemency is urged by County Officials, the Judge and Solicitor who tried him, and many reputable citizens. Sentence commuted to twenty years, February 9, 1903.
AB ELDER, J R.-Riot. Superior Court of Haralson county July term, 1902; sentenced to twelve months. Three others were convicted at the same time of the same offense and sentenced to pay costs, and this defendant now desires to have his sentence commuted to that of his associates, which is recommended by County Officers and a number of good citizens. Sentence commuted to payment of cost, March 9, 1903.
F. P. WrLKINs.-Carrying Concealed "reapons. City Court of Bames,ille, January term,1903; sentenced to twehe months. The Judge and Solicitor who tried him recommend that he be allowed to pay a fine. Sentence commuted to pay a fine of twenty-fi,e dollars includiug costs, April I, 1903.
\Y. T. SmTH.-Attempt to Commit Forgery. Superior Court of Bibh county, Spring term, 1903; sentenced to pay a fine of 8200.00 or twehe months, and two months in jail. He forged the name of a friend to a note who had endorsed for him hefore but the note was refused by the bank. His previous character was good and this was his first offense. The Superintendent of the State Sanitarium and the resident physician of

36

JOUR~AL OF THE SENATE

Allen's Invalid Home at ::\Iilledgeville state that by reason of chronic alcoholism he was mentally irresponsible when the crime was committed. He has served his jail sentence. Sentence commuted to jail sentence and payment of costs, April 1.5, 1908.

JER0:1IE ToLBERT.__:-:Murder. Superior Court of Oconee couuty, Jauuary term, 190:3 seutenced to be executell. Facts have been brought out siuce the trial which induce the Judge who presided, the Jury who fouud the verdict aud about two huudred and seventy-five good citizens to earuestly petition for clemency. Deceased was a man of bad character, while defendant's previous character was good. Sentence commuted to life imprisonment April 23, Hl 03.

ZELL BACON.-Voluntary Manslaughter. Superior Court of Tatnall county, April term, 1899, sentenced to eight years in the peuitentiary. Under the evidence the Jury would ha \e been authorized in acquitting the defendant. The provocation given by deceased, who was a violent and dangerous man, being extreme, the trial Judge and Solicitor both urge clemency and state that this was a close case, wbich recommendation is joined in by the Jury which tried him, County Officers, Prison Officials and many good citizens. Sentence commuted to five years, )lay 11, 1903.
RESPITES.

GoLDIE TYtrs.-:\Iurder. Superior Court of Thomas county, Fall term, 1~02 ; sentenced to be executed on November 28, 1902. Respite granted at the request of the Judge of the Superior Court for the reason that Tyus was a material witness in the case of the State vs John Walker, which case could not be tried until after the elate fixed for the execution. Respited until December 12, 1902.

::\IrLLARD LEE.-~Iurder. Superior Court of Fulton county, Fall term, l\J02; sentenced to be executed. Respite grauted

\\'EDXE"'DAY, ,JGSE 24, ] 903.

37

until January 23, 1903, until the question of his sanity could be passed upon by the Courts. Lee again respited until February 27, 1903, for the reasons above set forth. On February 16, 1903, he was again respited until)\lay 1, 1903, for the same reasons. On April 29, 1903 another respite was granted until J nne 12, Jij0:5, and on J uoe 10, 1903, he was again respited until July 31, 1903, for the reason that said case was still pending in the Courts and could not be determined before the day fixed for the execution.

JEROME COLBER.T-~lurder. Superior Court of Oconee county, January term, 1903; sentenced to be exe-::uted on March 26, 1903. Respited until April 24, 1903, in order that the Prison Commission might have sufficient time to consider his application for a commutation of sentence.

JoHN PERRY.-1\lurder. Superior Court of Whitfield county, October term, 1902; sentenced to be executed on the 3d day of April, l903. Respited until ~lay 1, 1903, in order that the Executive might have sufficient time within which to pass upon his application for a commutation of sentence, and for the further reason that on the day fixed for the execution there was to be a fireman's tournament and street carnival in the city of Dalton. On April 30, 1903, a second respite was grant.ed to the said John Perry until May 15, 1903, in order that an extraordinary motion for a new trial might be passed upon by the Judge of the Superior Court.

Mo~ROE ADAl\Is.-l\furder. Superior Court of Sumter county, November term, 1902; sentenced to be executed April ~2, 1903. Respited until May 15, 1903, in order that Counsel for defendant might have an opportunity to be heard before the Prison Commission on an application for commutation of sentence.

38

JOliRSAL OF THE SE.NATE.

RE~IOVAL OF DISABILITIES.
BARNET'.r Du.LINGHA:\1.-Larceny. Superior Court of Gilmer county, llay term, 1893; st~ntenaed to pay a fi~e of fifty dollars. He paid the fine and has since that time been a good, law abiding citizen. Granted November 15, 1902.
W.ALTER G:t.m~N.-Larceny from the &use. Superior Court of Stewart county; sentenced to twelve months. Served out his term and has since been a good citizen. Granted December 8, 190i.
Faux l\1. JACKso,w.-Larceny from the House. G'ity Criminal Court of Atlanta, Spring term, 1893; sentenced to four months. Since serving out his term he has established for himself a good name and is a good citizen. Granted Decemher 12, 1902.
RcPERT A:u;uoss.-Larceny after Trust. Superior Court of Glynn county, :May term, 18U8; sentenced to a fine, which he paid. Has since been a good citizen, which is certified to hy the trial Judge and &large number of citizens. Granted January 13, 1903.
S. J. O'NEAL.-Voluntaryl\Ianslaughter. Superior Court of Chatham county, December term, 1896; sentenced to fifteen years, which was commuted to six years. Served out his term and bas since been a good citizen. Granted January 13, 190;3.
W. F. SuLU\'.AN.-Voluntary ~Ianslaughter. Superior Court of Chatham county, December term, 1~96; sentenced to fifteen years, which was commuted to six years. ~erved out his term and it is shown by reputable citizens that he bas since been a good citizen. Granted January UJ, 1908.
Wn..ta::.A.X Cot.E.-Larceny. County Court of'l'horua11 cc,unt.r. January term, 1893; served out the sentence of the Court and

WEDXESDAY, JuxE 24, 1903.

39

bas since been an industrious, law-abiding citizen. Granted January 19, 1903.

W. C. :l\lcLANE.-Larceny after Trust. Superior Court of Fulton county, .July term, 1902; sentenced to three months in jail and a fine of $500.00. He served his jail sentence and paid his fine, and clemency urged by the Judge, Solicitor and Sheriff of Fulton county. Has since been a law-abiding citizen. Granted February 9, 1903.
The invitation from the citizens of Griffin to attend a barbecue at the State encampment on next Saturday was accepted.

Senator Williams was added to thfl following commit teAs: Agriculture, Education and Public Schools, General Judiciary, Special Judiciary, Penitentiary, Railroads, State Sanitarium.

On motion, the Senate will convene at 10 o'clock and adjourn at one hereafter.

On motion, the Senate will stand adjourned from Friday until l\londay morning at 11 o'clock.

Leave of absence was granted Senators Middlebrooks and Crumbly.
'l'he hour of 12 o'clock having arrived the election of doorkeeper was taken up, whereupon Senator Skelton placed in nomination Mr. J. W. Green of Habersham, which was seconded by several.

Mr. Atkinson placed in nomination Mr. Jas. H. Land of Butts county, which was seconded by several. There being llO other nominations, the roll was called and the vote was as fol!ows :

40

JOURNAL OF THE SENATE.

Those voting for 1\Ir. Green:

.Ullm, Christie, Clark, DaYis, Dnuean of lOth, Ilmlson, Ledford, Lewis,

:UcC'lure, llcLean, llclliclmel, 1\Ierritt:, Moore. Perry, Reld, Roberts,

Skelton, Smith,
Snead.. Ste'l"ens,
~weat,
Symons, :.\II. President.

Thou voting for 1\:lr L~nd :

Atkinson, Dodd, Dunean of 30th, Golden, Harrell, Hightower,

Hopkins, Jordan, Lee. llathews, l.\Iiddlebrooks, Park,

Taylor, 1'isinger, Turner, Yan Buren, 'Williams, lYorsbam,

Tho5e not voting:

Clenwnts,

Comas,

Crumbley,

Upon casting np the vote it appeared that :Mr. Green bad received 23 votes andl\Ir. Land had received 18 votes. 1\ir. Green having received a majority of all the votes cut, was elected doorkeeper for the unexpired term.
On motion, the Senate adjourned until to morrow morning at 10 o'clock.

TH'CRSDA Y, JuxE 25, 1903.

41

SE.~ATE CHAMBER, ATLANTA, GEORGIA,
Thursday, June 25, 1903.

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

Prayer was offered by the Chaplain.

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

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

Hudson, Jordan, Lee, Ledford, Lewis. 1\Iathews, ::IIcClure, :lieLean, ::IIe::llichael, ::IIerritt, ::IIoore, Park, Perry, Reid,

Rouetts, Skelton,
~mith,
Snead, SteYens, Sweat, Symons, Taylor, Tisinger, Turner, Yan Buren, Williams, 'Yorsham, ::llr. Ptesident,

Those absent "ere :Messrs.--

Crumbley,

l\Iiddlebrool>s,

The Journal of yesterday was read and approved.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:
llfr. P1esident :

I am directed by his Excellency, the Governor, to de-

42

Jot7RNA.J~ OF TBE SmwA.TE.

liver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

'fhe following special order was taken up, which is-

A bill by Mr. Kelly to revise the election laws of this State.

On motion, the special order was displaced and referred to the General Judiciary Committee.

The following special order was displaced and referred to the Committee on Agriculture :

By :\Ir. GoldenA. bill to prohibit the sale of cotton futures in this State.

The following Senate hills were read first time:
By ~Ir. ComasA bill to amend section 4082 of the Code relathe tn
justice of peace compensation.

Referred to General Judiciary Committee.

By ~Ir. Skelton-
A bill providing for the collection of the revenue of the State arising under special occupation and license taxes by issuing execution thereon.

Rererred to General Judiciary Committee.

The following Senate bill was read third time to be put upon its passage:

THuRsn.A Y, JuxE 25, 1903.

43

By l\Ir. Sweat-
A bill to pro\ide for the holding of the several city courts of this :-5tate by the various city court judges.

Report of the committee was agreed to.

C pon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.
At 10:40 o'clock the Senate went into executive session.

By unanimous consent the following Senate bill was read second time and referred to the General Judiciary Committee.

By l\Ir. Comas-
A bill to create a board of roads and bl'idges for Appling county.

By unanimous consent the following House bill was read second time and recommitted to the General Judiciary Committee.

By :Messrs. Thompson and Rogers-
A bill to amend the Act establishing the city court of Hall county.

By unanimous consent, next Tuesday at 11 o'clock the Senate will receive the resolutions on the death of the late Senators Sullivan and Rountree.
On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

JOURNAL OF THE SEtrATE.

SESATE CHA'lfBER, ATLANTA GEORGIA,
Friday, June 26, 1903.

The Senate met pursuant to adjournment at l 0 o'clock,

and wa~:~ called to order by the President.



Prayer wa~:~ offered by the Chaplain.

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

Allen, Atkinson, Christie. Clark, Clements, Comas, Dodd, Da;is, Duncan of lOth, Duncan. of 80th, Golden, Harrell, Higl1tower, Hopkins,

Hudson, Jordan, Lee. Ledford, Lewis. ~!athews, McClure,
~!cLean,
)Ic:\Iichael,
l\Ierritt,
~toore,
Park. Percy, Reid,

Bobertfl, Skelton, Bmitll, Snead. Ste\"ens. Sweat, S.rmons, Ttcylor, Tis Inger, Turner, Van Buren, Williams, '\Vorsbam, Mr. President,

Those absent w<!rc )fessrs.--
1\Iiddlebrooks,

The Journal of yesterday \\'as read and appro,ed.

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

Mr. Ptesident: The Committee on Engrossing bas examined the follow-

FRIDAY, JUNE 2o, 1903.

45

ing bill, which it finds correctly engrossed and ready for transmission to the House:

A bill to amend 'Act, approved December 21, 1899, entitled "an Act to provide for the holding of the sP.veral city courts in this State by the various city court judges theteof, and for other purposes.
Respectfully submitted. A. B. DuxcAN, Chaitman.
)lr. Tisinger, chairman of the Special J udiciaty Committee, submitted the following report:

.J.lf1. President:
The Special Judiciary Committee has had under P-onsideration the following Hou,;e bill, which it instructs me to report with the recommendation that it do pass :
A bill to increase the authority of the recorders' courts in certain cities in regard to minors.
Respectfully submitted.
B. L. TISINGER,
Chairman.

Leaves of absence was granted Senators Jordan and Mc1\Iicbael.
The following Senate bills wete read first time:

By :Mr. ComasA bill to amend article 6, section 7, paragraph 2 of the-
Constitution relative to justice of the peace.
Referred to Constitutional Amendments Committee.

46

JouRXAL OF THE SUATE.

By 1\Ir, Yau Buren-
A bill to amend section 2171 of vnlume 2 of the Cucle relati\e to the change of routes of railroad.

Heferred to Railr0ad Committee.

By 1\Ir. Howell-
of A bill to amend section 2166 the Code.

Referred to General Judiciary Committee,

Byl\:Ir. Howell-
A bill to authorize the Marietta &,verage C.nnpnny to oOOUJl.f certain streets in the city of 1\Ial'ietta.

Referred to CMporation Committee.

By 1\Ir. Howell-

A resolution to ratify the action of the mayor and council of 1\:Iarietta in closing Hansell street.

Referred to General Judiciary Committee.

The following House bill was read first time : . By 1\ir. Gaulden-

A bill to fix the license for retailing liquors in Brooks county.
Referred to Temperance Committee.

The following House bill \Vas read third time aml put upon its passage:

FRIDAY, ,J FSE 26, 1903.

47

By l\I r. Houston____:

A bill to increase the authority of the recorder',; conrt in certain cases in regard to minors.

Hcport of the committee was agteed to.

Cpon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority \Yas passed.

Ooe hundred copies of Senate bill Xo. 22 were ordered printed for the Senate, and this bill was made special order for Thursday, July 12, 1903, after the reading of the Journal.

l\Ir. Perry, chairman of the Genetal Judiciary Committee, submitted the following report:

lllr. President:
The General Judiciary Committee has had under consideration the following bills of the Senate, which I am instructed to report back with the recommendation that they do pass.

By l\Ir. Tisinger, 25thA bill to regulate the law of year's support.

By Mr. Skelton, 31st-
A bill to provide for the collection of the revenue of the State arising under special occupation and license taxes, by issuing execution therefor, and for other pmposes.

Also, that the following bill of the Senate do not pass:

-8

Joun~AL OF THE SEXATE.

By ~Ir. Golden, 38th-

A bill to require manufacturers of shoes to have stamped on the bottom of each pair the material out of which each pair is made before offering same for sale, and for other purposes.
Respectfully submitted.
H. H. PERRY,
Chairman.

The following message was received from the House through J\Ir. Boifeuillet, the Clerk thereof:

.M1. President:
The House has adopted the following resolution, in which the concurrence of the Senate is asked, to wit:
A resolution inviting Hon. J. F. Hanson to addre;;s the General Assembly on June 29, 1903.

The following Senate bills were read second time:

By ~Ir. Skelton-

A bill to provide for the collection of the re\enues of the State arising under special occupation and license taxes.

By Mr. TisingerA bill to regulate the law of year's support.

The following House resolution was read and concurred in by the Senate:

1\Jo:SDAY, JUXE 29, 1903.

49

B, :\Ir. Davis-

A resolutioq ill\iting the Hon. J. F. Hanson to deliver an address in the hall of the Honse of Representatives on .June 29, 1903.

At 10::30 o'clllck Senate went into executi,e session.

On motion, .the Seuate adjoumed.

SEXATE CJ-1.-L\fBER, ATL.-\XTA, GEORGIA,
Monday, June 29, 1903.

Tbe Renate met pursuant to adjournment at 11 o'clock; was called to order hy the Pl'esident.

Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their name:;:

Allen, c\.tkiusou, Christie, Ciark, Clements, Comas, Crumbley. Dodd, DaY is, Duncan of 10th, Duncan of 3Gtll, Golden, Harrell, Hightower, Hopkius,
4i

Hudson, Jordan, Lee, Ledford, Lewis. :\Ia thews, ::\lcClure, :\IcLean, ::\Ic::\Iicllael, :\Ierritt, :\Iiddle brooks, ::\loore. Park, Perry, Reid,

Roberts, Skelton, Smith, Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, "'illiams, \Vorsham, l\lr. President.

50

JOURNAL OF THE SENATE.

The Journal of Friday was read and approved.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:

Jft. President :

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

The following message was received from his Excellency, the Govern01, through his Secretary, Mr. Blackburn, to wit:
Mr. President:

I am directed by hie 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.

The following mE"'sage was received from the Honse through Mr. Boifeuillet, the Clerk thereof:

Jir. President:
The House bas passed by the reqntstte constitutional majority the following bill of the House, to wit:
By Mr. Tigner of Muscogee-'A bill to amend paragraph 1, section 1, article 7 of the
Constitution, which relates to the power of taxation to be exercised by the General A'3sembly, and for othet purpo,;es.

The following Senate bills were read first time:

MoxDAY, Ju.s-E 2!:.1, 1903.

51

J3y Mr. Clements--
A bill to change the mode of remuneration for the soliCitors-general of this State.

Referred to General Judiciary Committee.

'By Mr. Dodd-
A bill to place upon the retired list officers who have served in the volunteer forces of the State for three years

Referred to Military Committee.

By Mr. Dodd-
To amend section 4147 of the Code relative to the com;pensation of the jurors iu justice courts.

Reierred to Special Judiciary Committee.

By Mr. Dodd--
A bill to repeal sections 32 to 65, inclusive, of volume 1 ot the Code relative to the registration of voters.

Referred to Special Judiciary Committee.

By :\1r. Duncan of the lOth-
A bill to require trial judges to purge jurors when defendant is indemnified by any person.

Referred to General Judiciary Committee.

By Mr. Howell-A bill to amend an Act establishing a new charter for
;the city of Atlanta.
Referred to Corporation Committee.

52

JOURXAL OF THE SENATE.

Mr. Perry, Chairman of the General Judiciary Committee, submitted the following report:

Mr. President:

The General Judiciary Committee has had under consid- eratiou the following bill of the Senate, which it instruutsme to report back with the recommendation that it dopass.

A bill to amend section 2166 of the Code of 1895 in regard to extending charters of railroads.

Also, that the following bill of the Senate do pass by substitute :

.Ll.. bill to amend section 2809 of the Civil Code in re- gard to liens on sawmills, and for other purposes.
Respectfully submitted.
R. R. PERRY, Chairman..

The following Senate bills w-ere read the second time :;
By Ur. Mathews-

A bill to amend section 2R09 of the Civil Code.

By Hr. Howell-

A bill to amend section 2168 of the Code of 1895.

The following House bill was read first time:

By l\Ir. Tigner-

A bill to amend paragraph 1, section 1, article 7 of the Constitution, which relates to the power of taxation.

MolmAY, Ju~E 29, 1903.

53

Referred to Constitutional Amendments Committee.

At 11:30 the Senate went into executive ~:ession.

Senator Smith was granted leave of absence.

l\lr. 1\iiddlebrook!', chairman of the Committee on Corporatjons, submitted the following report:

ltl1. P1esident :
The Committee on Corporations has had under consideration the following bills of the Senate, which it instructs me to report, with the recommendation that they do pass:

A bill to create a board of road aud bridge commissioners for Appling county.

Also, the following House bill, which it instructs me to report with the recommendation that the same do pass:

A bill to provide a board of commissioners of roads and revenues for Monroe county.
Respectfully submitted. L. 1... MIDDLEBROOKS, Chairman.
'The following Senate bill was read first time: .

By Mr. MiddlebruoRs-
A bill to change the line between the counties of Newton and Jackson.

Referred to Committee on Counties and County Matters.
The following Senate bill was read third time to be put .upon its passage:

54

JouRNAL oF THE SENATE.

By Mr. ComaE--

A bill to create a board of roads and bridges for Appling 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.
The following House bill was read first time :

By Messrs. Shannon and Walker:
A bill to provide a board of commissioners of roads and, revenues for Monroe county.
On motion, the Senate adjourned until to-morrow morn-ing at 10 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, Juue 30, 1903.
The Senate met pursuant to adjournment at 10 o'clock;. was called to order by the President.
Prayer was offered by the Rev. Luke Johnson.
Upon the call of the roll the following members an-swered to their names :

TuESDAY, JusE 30, 1903.

55

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

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

Roberts,
~kelton,
l:'mith, Snead, Stevens, :::wEat, Symons, Taylor, Tisinger, 'l'urner, Van Buren, Williams. ,.,orsham,
Mr. President.

The Journal of yesterday was read and approved:

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

Mr. President:
The Committee on Constitutional Amendments has had undet 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 to amend paragraph 1, section 1, article 7 of the Constitution which relates to the pnwer of taxation to be exercised by the General Assembly, and for other purposes.

Respectfully submitted,

H. H. PERRY, Chairman.

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

JOURNAL OF THE SENATE.
JYir. P1esident: The House has passed by the requisite constitutional ma-
jority the following bills of the House, to wit:
A bill to be entitled an Act to amend an Act 1n reference to the road laws of the State of Georgin, and for other ;purposes.
A bill to be entitled an Act to regulate the filing of second claims under the claim laws of this State, and lor ()ther purposes.
A bill to repeal an Act entitled an Act to establish the city court of Mount Vernon, and lor other purposes.
. The House has also passed by the requisite constitutional majority the following resolutions of the House, t<J wit:
A resolution for the relief of E. A. Buck, of Berrien county, and for other purposes.
A re:-:olution to pay the pension of Jesse E. Butler to his widow.
The following communication was received from his Excellency, the Governor, through his Secretary, l\ir. Blackburn, to wit:
M1'. President :
I am directed by his Excellency, the Governor, to deliver to the Senate a Eealed communication, to which he invites the consideration of your honorable body in executive session.
The following Senate bills were read first time.

TuESDAY, JuxE 30, l!i03.

57

By Mr. Howell-

A bill to amend the Act establishing the city court of .Bainbridge.

Referred to Spt!cial Judiciary 'Committee.

By l\fr. Symons-
A bill to amend paragraph 2, section ~ of the General Tax Act relative to Confederate veterans.

Referred to Finance Committee.

By .Mr. Comas-

A bill to amend the Constitution so as to increase' the .salaries of judges of the superior court.

Referred to Constitutional Amendments Committee.

By Mr. Van Buren-
A resolution directing the State Printer to print and bind certain public records.

Referred to Appropriation Committee.

The following Senate bills were read third time to be put upon their passage:
By Mr. MathewsA bill to amend section 2809 of the Code.

Report of the committee was agreed to.

Upon the passage of the bill, the ayes were 34, nays 0

58

JoURNAL OF THE SENATE.

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

By Mr. Tisinger-

A bill to regulate the law of year's support.

Report of the committeP. was agreed to.

Upon the passage of the bill, the ayes were 36, nays 0.

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

By l\Ir. Skelton-
A. bill to provide for the collection of the revenues of the State arising under special occupation tax.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 34, nays 0.

The bill having recei\'ed the requisite constitutional majority, was passed.

By Mr. Howell, by request-A bill to amend section 2166 of the Code.

Report of the committee was agreed to.

Upon the passage ot the bill the ayes were 31, nays 5.

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

The following House bills were read first time :

TuESDAY, JusE 30, 1903. By 1\Ir. Felder--
A bill to regulate the filing of iiecond claims. Referred to General Judiciary Committee. By Mr. ThurmanA bill to amend the road laws of this State. Referred to Special Judiciary Committee. By Mr. Wooten-A bill to repeal the Act e5tablishing the city court of l\Iount Vernon. Referred to Special Judiciary Cummittee, By 'Messrs. Knight and PaulkA resolution fur the relief of E. A. Buck, of Benieu. county. Referred to General Judiciary Cumruittee. By Mr. SpenceA resolution to pay pension of J. E. Butler to his widow_ Referred to Pension Committee. ~1r. Gulden, chairman pro tern. of Committee on Engrossing, submitted the following report: Jfr. President: The Committee on En_grm:sing has examined the follow-

JOURNAL OF THE SEXATE.
ing bill, which is found correctly engrossed and ready fur transmission to the House :
A bilJ to be entitled an Act to create a board of road and bridge commissioners for Appling county, define their powers, prescribe their duties, and for othet purposes.
Respectfully submitted.
W. F. GoLDEN, Chairman, po tem.
~1r. Perry, Chairman of the General Judiciary Com_mittee, ~ubmitted the following.report:
J.llr. President: The General Judiciary Committee has had under con-
sideration the folJ.owing bills of the Senate, which I am instructed to report back with the recommendation that .they do pass.
A bill to amend an Act approved December 19, 1899, amending sub-Eection 11 of Fe~'tion 4082 of volume 2 of the Code, 18!:!5, by providing compensation for justices of .the peace, for services therein mentioned, and for other ,purposes.
A bill to change the line between Newton and Jasper counties, so as tl) rnnke the Alcova river from \Yater Bridge to the mouth ot Be&r creek the line between Newton and JRsper counties~ and for other purposes.
Also, that the following bill of the Senate do not pass:
A bill to require trial judges to purge jurors where defendant is indemnified by any person, association, or cor_poration, and disqualifying jurors who may be related to

TFESDAY, JuxE 30, 1903.

61

any person, or interested in any association or corporation,, indemnifying the defe~dant, and for other purposes.

Also, that the following bill of the House do pass as amended:

A t-ill to be entitled an Act to repeal an Act entitled an.

Act to establish a city court of Clarksville, in Habersham.

county, and for other purposes.

H. H. PERRY,

Chairman.

l\Ir. Middlebrooks, Chairman of the Committee on Cor-porations, submitted the following report:

.Mr. President:
The Committee on Corporations has had under consideration the following Senate bills, which they instruct me to report with the recommendation that the same do pass:
A lill to authorize the Marietta Sewage Company to occupy the streets of Marietta, and for other purposes.
A bill to amend Act establishing a new charter for Atlanta, approved Febtuary 28, 1874, and the several Acts. amendatory thereof.
Respectfully submitted, 1... L. l\1 IDDLEBROOKS, Olwirn1an.

The following Senate bills were read sP-cond time:
By l\Ir Howell, by request-
A bill to authorize the Marietta Sewage Company to occupy certain streets in the city of Marietta.

JoURXAl, OF THE SENATE.
By 1\lr. Comas-
A bill providing compensation for justices of the peace in .certain cases.
By Mr. Middlebrooks-
A bill to change the lin~ between Newton and Jasper -counties.
By Mr. Howell-
A bill to amend the charter of the city of Atlanta.
The following House bill was read second time:
By Mr. Tigner-
A bill to amend paragraph 1, section 1, article 7 of the .Constitution, limiting the rate of taxation.
The following resolutions were read and unanimou:;ly . adopted:
STATE SESATE, ATLASTA, GA., June :30, 190:3. Resolutions of Respect to the lYiernory of the Hon. Patrick J.
Sullivan. WHEREAS, during the past session of this body, Hon. Patrick J. Sullivan, the distinguished senator from the 18th Senatorial District, while in the efficient and faithful discharge of his arduous duties as a member nf the General Assembly, was suddenly stricken by death; A:sn WHEREAS, his eminent ability a,; a lawmaker, and his until'ing devotion to the duties of the official position, which for two terms he has honored at the request of a

TUESDAY, JuNE 30, 1903.

63

grateful electorate, commanded and deserved the unstinted respect of the Rtate which he so faithfully repres-ented, and this body in which he so earnestly served;
AND WHEREAS, the close ties formed by his relations with the members of this body were so tender, and yet so strong, that his untimely death seemed not only a loss, but a calamity; be it therefore
Resolved by the Senate of Georgia, That in the death of Senator Sullivan this chamber has lost one of its most capable and unselfish members,. his district au able, faithful and fearless representative, and this State a generous, use ful and patriotic citizen; be it further
Resolved, That these resolutions be entered upon the .Jcurual of the Senate, and a copy ther~of be furnished to the press.
The Committee appointed to prepare suitahle resolutions On the death of the late Senator Rountree, reported that the resolutions bad not been prepared, and asked until July 9 to present them, which request was granted.
The invitation from President Burton Smith of the Georgia Bar Association to visit their meeting at Tallulah Falls, was accepted.
At 11:20 o'clock the Senate went into executive session.

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

6-t

JOUUXAL OF THE SEXATE.

SEXATE CHA~fBER, ATLA~TA, GEORGIA,
Wednesday, July 1, 1903.
The Senate met pursuant to adjournment at 10 o'clock; was called to order by the Pre,;ident.
Prayer was otfered by the Chaplain.

Upon the call of the roll the following member,; answered to their names:

Allen, Atkinson, Cllristie, Clark, Clements, Comas, Crumbley, Dodd, Da.-is, Duncan of lOtll, Duucn n of 36t11, Golden, Harrell,
Hi~lltower,
Hopkins,

Hudson, Jort.lan, Lee. Ledford, Lewis, :\Iatllews, :\IcQlure, l\fcLean, l\Ic:\iicllael, Merritt, :\Iiddlebrool;s, :\Ioore, Park, Perry, Reid,

Roberts, !:'!;elton, Smith, Snead, Ste.-ens.
S\VEflt, S~'lllOUS,
Taylor, 'l'isinger, Turner, Yan BUI'en, \Yilliams. \Yorslla111. :\lr. President.

The Journal of yesterday was rear! ano approved.

l\Ir. Ledford, chaitman pro tem. of the Committee on Engtossing, submitted the following report:

J!l'. ]J/'1'-'irlenl: The Committee on Ei1grossin~ bas examined the follow-
ing bills, which are found to be cH-rectly engrossed and ready foe transmission to the House:
A bill to amen<l section 2809 of the Civil Corle.
A bill to regulate the law of year',; suppnrt.

WEDNESDAY, JULY 1, 1903.

6&

A bill providing for the collection of the revenue of theState arising under special occupation and license taxes.

A bill to amend section 2166 of Code of 1895.

Respectfully submitted. l\f. L. LEDFORD, Chairman pro tern.

Mr. Tisiuger, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following Senate bill, which they instruct me to report, with the recommendation that the same do pass as amended :

A bill to amend the Act establishing the city court of Bainbridge, approved November 27, 1900, so as to provide for the election by the people of the judge and solicitor of said court.
Respectfully submitted. B. L. TISINGER, Chairman.

Mr. Duncan, of 36th, Chairman of the Committee on. Temperance, submitted the following report:

Mr. President:
The Committee on Temperance has had under consideration the following House bill, which they instruct me to. report, with the recommendation that the same do pass:


.(16

JOURNAL OF THE SENATE

A bill fixing the license fee for retailing liquors in Brooks -eounty at $12,000.00, and for other purposes.

Respectfully submitted. DuNCAN, 36th, Chairman.

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

Jlfr. President:

The House has passed by the reqms1te constitutional

majority the following bill of the House, to wit :

d

A bill to be entitled an Act to further extend the pow-ers of the Railroad Commission of this State, and tor other purposes.

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

Afr. President:
The General Judiciary Committee has had under consideration the following bills of the Senate which it instructs me to report back with the recommendation that they do not pass :
A bill to require the rotation of the judges of the superior courts of this State, and prescribe the method, and for other purposes.
A bill to amend section 3761 of the Civil Code of 1895 in regard to enforcement of judgments.
H. H. PERRY, Chairman.

WEDNESDAY, JULY 1, 1903.

67

Mr. Tisinger, Chairman of the Special Judiciary Com'mittee, submits the following report:

.Mr. President:
The Special Judiciary Committee has had under con.eideration the following House bill which the Committee instructs me, as its Chairman, to report with the recom.mendation that the same do pass :

A bill to repeal an Act entitled "an Act to establish the city court of Mount Vernon in and for the county of .Montgomery, and for other purposes."

Respectfully submitted.

B. L. TISINGER, Chairman.

The following Senate bills were read first time :

'By Mr. Davis--
A bill to require all persons and corporations to pay taxes in the counties when they are by law required to be returned.
Referred to the Special- Judiciary Committee.

.By Mr. Jordan-
A bill to provide in what county manufacturing and -other corporations shall pay taxes when their lines crol!ls -the county line.
Referred to the Special Judiciary Committee.

68

JOURNAL OF THE SENATE.

By Mr. Jordan-

A bill to provide for the registration, sale and inspection of fertilizers of this State.

Referred to the .Agricultural Committee.

'By Mr. Mathews~

.A bill to provide for the levy and sale of the equity of redemption in cases of conveyance of deeds.

Referred to General Judiciary Committe-e.

The following House bill was read first time:

By Messrs. Steed and HixonA bill to enlarge the powers of the Railroad CommissionReferred to the Railroad Committee. The following Senate bills were read second time.

By Mr. Howell-
.A bill to amend the Act establishing the city court or Bainbridge, in Decatur county.
The following message was received from his Excellency,_ the Governor, through his Secretary, Mr. Blackburn, to wit:.
Mr. P1esident:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he-

WEDNESDAY, JULY 1, 1903.

69

'l'espectfully invites the consideration of your honorable 1b.,ody in executive session .

The following House bill was read second time:

By Mr. Gaulden-

A bill to fix the license of retailing spirituous liquors in Brooks county.

The following Senate bills were read t:econd time, with .adverse report of the con:..mittee. The report was agreed to and bills lost:

By Mr. Comas-

A bill to provide for the rotati?n of judges of the superior courts of this State.

By Mr. Lee-
A bill to amend the Act creating the Prison Commis.sion of Georgia.

By Mr. Middlebrooks-
A bill to hire one-halt of the felony convicts on public works.

This bill was tabled.

By Mr. Golden-
A bill to require the manufacturers of shoes to stamp on the sole the material out of which they were made.

By Mr. SkeltonA bill to amend section 3161 of the Code.

70

JOURNAL OF THE 8ENATE.

By Mr. Duncan--

A bill to require trial judges to purge jurors in certaiO> cases.

The following Senate bills were read third time to be- . put upon their passage :

By Mr. Comas-
A bill to amend sub-section 11 of section 40tl2 of Code relative to compensation for justices of peace.

Report oi the committee was agreed to.
Upon the passage of t~1e bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Howell (by request)-
A bill to amend the Marietta Sewerage Co., to occupycertain streets of said city for sewerage purposes.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bill was read third time to be put upon its passage:

WED~ESDAY, JULY 1, 1903.

71

By Mr. Tignor-
A bill to amend paragraph 1, section 1, article 7 of the Constitution, which relates to the power of taxation.

Report of .the committee was agreed to.

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

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clements, Comas, Crumbley, Doud, Davis, Duncan of lOth, Duncan ot 36th, Harrell, Hightower, Hopkins,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, Merritt, Middlebrooks, Park, Perry, Roberts,

Skelton, Smith, Snead, Stevens, Sweat, Taylor, Tisinger, 1'urner, Vau Buren, Williams, 1Vorsham, Ur. President.

Th0se voting in the negative were :Messrs.-

Symons,

Those not voting were Messrs.-

Clark, Golden,

Hudson,
Mc~fichael,

Ayes 37, nays 1.

Moore, Reid,

Upon counting up the vote, it appeared that the bill hadl received 37 votes, nays 1.

The bill having received the requisite two-thirds majority was passed, and the bill is as follows:

'72

JOURNAL OF THE SENATE.

A BILL
To be entitled an Act to amend paragraph 1 of section 1 of article 7 of the Constitution of this State, which relates to the power of taxation to be exercised by the General Assembly, by adding at the end of said paragraph a proviso limiting the power of the General Assembly to levy and assess a tax for any purposes exceeding five-tenths of one per centum except for specific purposes, and to provide for the su hmission of the same to the people for ratification, and for other purposes.
SECTIOX 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that paragraph 1 of section 1 of article 7 of the Constitution of this State, which relates to the power of taxation over the State of Georgia to be exercised by the General Assembly, shall be amended by adding at the end thereof the following provi&o: "Provided, however, that the General Assembly shall have no power to levy or assess taxes for any purposes whatsoever exceeding in the aggregate five-tenths of one per centum, after the first day of January, 1905, except for the purpose of suppressing insurrection, repelling invasion and defending the State in time of war.
SEc. 2. Be it further enacted by the authority aforesaid, That whenever the proposed amendment of the Constitution shall be agreed to by two-thirds of the member:; elected to each of the two Houses of the General Assembly, the Governor of this State shall, and he is hereby .authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional -district in this State for the period of two months previous to the next general election.

WEDNESDAY, JuLY 1, 1903.

73

SEc. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection of the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act in the several congressional districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment shall have w~itten or printed on their ballots the words "For ratification of the amendment of paragraph 1 of section 1 of article 7 of the Constitution <>f this State limiting the power of taxation of the General Assembly,'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words " Against the ratification of amendment of par.agraph 1 of section 1 of article 7 of the Constitution limiting the power of taxation of the General Assembly."
SEc. 4. Be it further enacted by the authority aforesaid, That the Governor of this State be, and he is, hereby .authorized and directed to provide for the submission of the foregoing proposed amendment of the Constitution of this State to a vote of the people as provided by the Constitution of this State in paragraph 1 of section 1 of article 13 and by this Act; and if t~e same be ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in case of elections for members of the -General Assembly, to count and ascertain the result, issue .his proclamation and cause the same to be inserted one time in one of the daily papers of this State announcing such result and declaring the said amendment ratified.
SEc. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws iu conflict with this Act be, and the same are, hereby repealed.

74

.JOURNAL OF THE SENATE.

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

Mr. President:
The General Judiciary Committee 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 be entitled an Act to repeal an Act entitled "an Act to establish a city court of Clarkesville, in Habersha::n county;" and for other purposes.

Respectfully submitted.

H. H. PE-RRY, Chairman

The following House bill was read third time to be put. upon its passage.

By Mr. PaytonA bill to abolish the city court of Clarkesville, in Haber-
sham county.
H,eport of the committee was agreed to.
Upon the passage of the bill the ayes were 33, nays 0 ~ the bill having received the re1uisite constitutional majority was passed as amended, and the amendments are as follows:
Amend section 2 by striking out the proviso beginning with the word " provided " in the seventh line and ending with the word "courts" in the thirteenth line.
The following House bill was read second time :

THURSDAY, JULY 2, 1903.
By Mr. Wooten-
A. bill to repeal the A.ct establishing the city court o Mount Vernon, in Montgomery county.
The invitation from the Joseph Habersham Chapter was. accepted.
The invitation from Messrs. Knowles and Taylor to bepresent at a barbecue at Lindale, July 4, was accepted.
A.t 11 : 20 the Senate went into executive session.
On motion, when the Senate adjourns Thursday it will. stand adjourned until Monday morning at 11 o'clock.
On motion, the Senate adjourned until to-morrow at l()o o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 2, 1903.

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

Prayer was offered by the Chaplain.

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

Allen, Atkinson, Christie,

Clark, Cl'ments, Comas,

Crumbley,
Dodd,
Davis,

'76

JOURNAl.. OF THE SENATE.

Duncan of lOth, Duncan. of 36th, -Golden, Harrell, Hightower, Hopkins, Hudson, .Jordan, Lee, Ledford,
r..ewis,
:!Iathews,

McClure, McLean, McMichael, Merritt, 1\Iiddlebrooks, :Moore, Park, Perry, Reid, Roberts, Skelton, Smith,

S.nead, Steens. Sweat, Symons, Taylor,
'l~isinger,
Turner, Yan Buren, Williams. "'orsham. Mr. President.

The Journal of yesterday was read and approved.
Mr. Worsham, chairman p1o tern. of the Committee on 1~ngrossing, submitted the following report:

Mr. President:
The Committee on Engrossing have examined the following bills which they find correctly engrossed and ready for transmission to the House:

A bill to amend an Act approved December 19, 1899, .amending subsection 11 of section 4082 of the Code, providing compensation for justices of the peace for services therein mentioned.

A bill to authorize the Marietta Sewerage Company to -occupy the streets of Marietta, to purchase, lease and condemn rights of way and other easements, and. for other purposes.

Respectfully summitted. "\V, A. \VoRSHAlll, Chairman p1o tem.

The following special order was taken up, which is as f.:,llows:

THURSDAY, JUJ. 2, 1903,

11

By Mr. Snead-
A bill to make it unlawt'ul to charge more than 8 per cent. on money advanced on cotton or other products.

Report ot the committee was agreed to. Upou the passage of the bill the ayes were 30, nays 3~

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

Senate Resolution No. 41 was transferred from the Appropriation Committee to the Public Printing Committee.

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

.Mr. President:
The Committee on Finance have had under consideration the following Senate bill which they instruct me to report. back with the recommendation that the same do pass :

A bill to amend paragraph 2, section 2 of the General Tax Act approved December 16, 1902, so as to exempt Confederate veterans who are practitioners of law, medicineor dentistry.
Respectfully submitted. WI~I. H. DAvis, Chairman.

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

JJ!r. President:
The House has passed by the requisite constitutional majority the following bill of the House, to wit:

JOURNAL OF THE SENATE.
A bill to repeal an Act to amend section 610, volume I -of the Code relative to the expense to be borne by counties -connected by bridges or ferries.
The following Senate bill was read third time to be put 11pon its passage.
By M_r. Howell-
A bill to amend the Act establishing the city court of Bainbridge in Decatur county.
Report of the committee was agree to.
Upon the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bill was read first time:
By Mr. Fussell-
A bill to repeal an Act entitled an Act to amend section -610, volume 1 of the Code relative to the expense of erecting bridges.
Referred to Special Judiciary Committee.
Mr. Perry, chairman of the General Judiciary Commit-tee, submitted the following report :
Jfr. President: The General Judiciary Com rr..ittee has under considera-
tion the following bills of the House, which I am instructed to report back with the recommendation that they do pas::. .as amended :

THURSDAY, JULY 2, 1903.

79

A bill to revise the election laws of Georgia, and for -other purposes.

A bill to amend an Act to establish a city court in the county of Hall, and to provide for the appointment of judge and solicitor thereof, approved August 14, 1891; .also, to amend an Act amendatory thereof, approved DeCember 17, 1898, and for other purposes.

Respectfully submitted.

H. H. PERRY, Chairman.

The following Senate bill was read second time:

By Mr. Symons-

A bill to amend paragraph 2, section 2 of the General "Tax Act of 1902.
Th& following House bill was read third time to be put upon its passage:

By Messrs. Thompson and Rogers-A bill to amend the Act establishing the city court of
Hall county. Report of 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-:J.nd the amendments are as follows. Bill ordered immediately transmitted to the House:

80

JOURNAL OF THE SENATE.

Committee amends bill a;; follows: .Amends section l Ist. By changing" Acts" to ''Act" in the fifth line. 2d. By adding after "1891," fifth line, the words "to establish a city court in the county of Hall and to provide. for the appointment of a judge and solicitor thereof, appealed .August 14, 1891." 3d. By striking out after the word " Senate," in ninth line, all the words down to "but," in the eleventh line, and inserting the following in lieu thereof: "who shall bold his office for the term of four years; and all vacancies in the office of judge shall be filled by appointment by the governor for the balance of the unexpired term." 4th. By striking out the word "first" in seventeenth line~ 5th. By inserting after the word "county" in eighteenth line the words "when shall after the first term of office herein provided for, bold his office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by appointment of the governor." 6th. By striking out all the words from "county" in the eighteenth line to the word "in" in twentieth line. 7th. By inserting after the word "shall" in twenty-sixth line the words "after the first term of office hereinafter provided for." 8th. By inserting after the word ''judge" in twentyeighth line the words "except as hereinafter provided." By inserting after the figure "2" in eleventh line the words "and all vacancies in the office of judge shall be filled by appointment by the governor for the balance of the unexpired term." Committee amends section 2By inserting after the word "that" in second line thewords "the .Act of the General Assembly, approved December 17, 1898, to amend 'an .Act to establish a city court

THuRSDAY, JuLY 2, 1903,-
in the county of Hall and to provide for the a:r-pointment .of a judge and solicitor thereof,'" be amended as follows ~ ''that by striking out in eighth line of 8Jlid section of bill the expression '.the following words."'
3d. By inserting after the word "county," in tenth line of said section of the bill, the words "and that said Act be further amended by inserting after the word 'office,' in eighth line of page 325 of said Act in the published Acts of the General Assembly for the year 1898 the following words: 'after the first term of office hereinafter provided for.'"
4th. By inserting after the word "office,'' in sixteenth line of said section 2 of the House bill the following : "after the first term of office hereinafter provided for."
Committee further amends said bill by striking out from section 3 all of said section after the word "aforesaid'~ in second line, and substituting therefor the following: "that the governor shall call an electition for the judge and solicitor of said city court, to be held on the first Monday in October next; that the persons so elect~d shall hold _office from the time of their election and qualification until the first day of January after the general election for mem-:bers of the General Assembly for said county of Hall in the year 1906; that the successors of those first elected, as above provided, shall be elected at the ge~eral electio~ . for members of the General Assembly for said county, t(} be held in the year 1906, and shall hold their respective offices for four years from the first day of January thereafter; that all subsequent elections shall be held every four years from said election for State officers in the year 1906, and shall be held at the same time with the election for members of the General Assembly, and the persons elec;:ted shall hold their offices for four years from the first day of January after their election; that all elec-
6.;

JOURNAL OF THE SENATE.
tions for said offices shall be under the same rules and regulations as provided for elections of members of the General Asse~bly; that all vacancies now existing or which may hereafter exist in said offices before the election and -qualification of the judge and solicitor of said court which .may be elected on the election to be held in October next -shall be filled by appointment of the governor, such appointee to hold office until the officers so elected shall be qualified.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, rto wit:
Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which be respectfully invites the consideration of your honorable body in executive session.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
:j)fr. President:
The Special Judiciary Committee has had under consideration the following Senate bills, which I am instructed to report Lack with the recommendation that they do pass :
A bill to require taxes to be paid by all persons, companies and corporations in the county in which they are by law required to be returned; to provide for the ascertainment of the county entitled to payment in disputed cases; to provide for the regulation of commissions of taxreceivers and tax-collect.oril; for the transmission of the

THURSDAY, JuLY 21 1903.

83

:Stale's portion of such taxes to the Comptroller-General, :and the disposition of the balance pending litigation, and for other purposes

A bill to provide in what county manufacturing or -other companies, other than railroad, etc., and all persons -owning and operating manufa,..turing and other plants, whose real estate or plant lies on or across a county line or lines, and in two or more, shall return their property and l>ay their taxes thereon, and for other purposes.
Respectfully submitted. B. I,, TrsrNGER, 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 it do pass :
A bill to amend paragraph 2, section 11, of the Consti.tution of this State.
Respectfully submitted.
H. H. PERRY, Chairman.

The following Senate bill was read the second time and recommitted :

_-By Mr. DoddA bill to provide for a uniform system of school-books
-for this State.
One hundred copies ordered printed.

84

JOURNAL OF THE SENATE.

The following Senate bills were read the first time~

By Mr. Park-

A bill to provide that no person living within the territory embodied in any local public school shall be eligible to serve on the county board of education.

Referred to the Education Committee.

By Mr. Tisinger-

A bill to change the time of holding the fall term of" Upson Superior Court.

Referred to the Special Judiciary Committee.

By Mr. Mathews-

A bill to prescribe how property shall be levied on and:' sold which is held by a defendant in execution when the plaintiff has obtained a special judgment.

Referred to General Judiciary Committee.

By unanimous consent Senate bill No. 131 was recon- sidered which was lost on yesterday and referred to the General Judiciary Committee.

The following House bill was taken up, read third time and put upon its passap;e:

By Mr. KellyA bill to revise the election laws of the State of Georgia~

Mr. Park moved to table the bill, which motion was lost~

THURSDAY, JULY 2, 1903.

85

_Mr. Hudson moved to postpone the action on this bill -until next wednesday, and one hundred copies of the bill .and amendments be printed, which motion was 1ost.

On the amendment to submit to the grand jury the previous question was called and sustained.

On the amendment the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Christie, Clark, Clements, <:omas, Davis, Duncan of lOth, Duncan of 36th, Golden,

Hudson, Jordan, Lee, Ledford, Lewis. Mathews, McLean, McMichael, Moore,

Park, Roberts, Skelton, Smith, Stevens, Sweat, Taylor, Williams, Worsham,

Tho::;e voting in the negative were Messrs.-

Crumbley, Dodd, Harrell, Merritt,

Perry, Reid, Snead,

Symons, Tlsinger, Van Buren,

Those not voting were Messrs.--.

Hightower, Hopkins,

McClure, Middlebrooks,

Ayes 28, nays 10.

Turner, Mr. President.

The amendment was adopted.

By unanimous consent one hundred copies of the bill as .amended was ordered printed for the use of the Senate.

86

.JoURNAL OF THE SENATE,

Mr. Christie was granted leave of absence for Monday and Tuesday.

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

SENATE CHAMBER, ATLANTA, GA.,
Monday, July 6, 1903.
The Senate met purRuant 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.
Mr. Tisinger gave notice that at the proper time he would move to reconsider the action of the Senate in. adopting the amendment to the Australian ballot bill submitting its adoption to the grand juries.
The Journal was approved.
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 bills of the House, to wit:
A bill to be entitled an Act to incorporate the town of Mamdield, and for other purposes.

MoNDAY, JuLY 6, 190:3.

87

A bill to amend an Act concerning the election laws of Cordele.

A bill to repeal ?.n Act to establish the city court of Jefferson.

A bill to repeal au Act to create a board of advisory commissioners for Laurens and Glascock counties.

A bill to amend an Act to create the city court ot Greenville.

A bill to incorporate the town of East Ellijay.

A bill to amend an Act to reincorporate the town of Waycross as the city of Waycross.

A bill to prohibit the manufacture of liquors in Upson county.
A bill to amend an Act to incorporate the city of Toccoa.

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 bills of the House, to wit:
A bill to abolish the board of county commissioners oi roads and revenues and public property of the county of Wilkes.
A bill for the appropriation of $9,360 for payment of indigent widows.

88

JOURNAL OF THE SENATE.

A bill to appropriate $11,500 for the purpose of building an addition to the dormitory of the Georgia School for the Deaf.
Mr. Ledford, Chairman pro tem. of the Engrossing Committee, submitted the following report :

Mr. President:
The Engrossing Committee has examined the following bills, which are found to be correctly engrossed and ready for transmission to the House.
A bill to make it unlawful, where a loan of money is made, for the lender to exact more than 8 per cent., whether as interest or damages, for breach of collateral ~on tract.
A bill to amend the Act establishing the city court of Bainbridge, so as to make the judge and solicitor of said .<Jourt elective.
Respectfully submitted. LEDFORD, Chairman protem

Mr. Lewis, Chairman of the Committee on Public Printing, submitted the following report:

Jfr. President:

The Committee on Public Printing has had under consideration the following Senate resolution, which it instructs me to report with the recommendation that the same do pass:

A resolution directing the State printer to print and bind ~ertain public records.

Respectfully submitted.

LEWIS, Chairman.

MmmA~, JULY 6, 1903.

89

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

Mr. President:
The Special Judiciary Committee has bad under consid-eration the following bill of the Senate, which it instructs .me to report back with the recommendation that it do pass.

A bill to change the time :of holding the fall term of Upson superior court from the third Monday in November -each year to the first Monday in November each year, and for other purposes.
Respectfully submitted. B. L. TISINGER, Chairman.

The unfinished business of Thurd;lay was taken up, which is a bill by Mr. Kelly.
A bill to revise the election laws of Georgia.
On motion, this bill was made special order for next Wednesday immediately after the reading of the Journal.
The following Senate bills and resolutions were read first time.

By Mr. Dodd-

A resolution providing for the same number of pages and doorkeepers for this session and 1904 as was employed in 1902.
Read and adopted.

90

JOURNAL OF THE SENATE.

By Mr. Sweat-

A bill to amend the Act creating a new charter for the city of Douglas in Coffee coumy.

Referred to the Special J ndiciary Committee.

The following House bills were read first time.

By Mr. SpenceA bill to amend the Act incorporating the town of Way-
cross. Referred to Corporation Committee.
By Messrs. Hardeman and Holder-
A bill to repeal an Act establishing the city court ot Jefferson, Jackson county.
Referred to Special J ndiciary Committee.
By Mr. Fields-
A bill to amend the Act concerning the election laws of the city of Cordele.

Referred to Corporation Committee.

By Mr. Carr-
A bill to incorporate the town of Mansfield 1n Newton county.
Referred to Corporation Committee.

MONDAY, JULY 6, 1903. By Mr. Welch-
A bill to incorporate the town of East Ellijay. Referred to Corporation Committee.
By Mr. Hawes.A.. bill to appropriate the sum of $11,500.00 for the pur-
pose of erecting and equipping new buildings for the School for the Deaf.
Referred to Appropriation Committee. By Mr. Payton-
A bill to amend the Act incorporating the city of Toccoa in Habersham county.
Referred to Corporation Committee.
By Mr. WombleA bill to prohibit the manufacture of alcoholic spirits in.
Upson county. Referred to Temperance Committee.
By Mr. HowellA bill to amend the Act establishing the city court of
Greenville in Meriwether county.
Referred to Special Judiciary Committee.

92

JOURNAL OF THE SENATE.

By Mr. Kelly-

A bill to create an advisory board of commissioners for Laurens and Glascock counties.

Referred to Special Judiciary Committee. By Messrs. Alexander and Grenade-

A bill to abolish the board of county commissioners of roads and revenues for Wilkes county.

Referred to Special Judiciary Committee.

By Mr. Davis-

A resolution for the appropriation of $9,360 for the payment of indigent widows.

Referred to Appropriation Committee.

The following Senate bills were read second time:

By Mr. Davis-

A bill to amend paragraph 2, section 11 of the Consti tution.

By Mr. Davis-
A bill to require taxes to be paid by all persons, companies, etc., in the county in which they are by law required to be returned in.

By Mr. Jordan-
A bill to provide in what county taxes shall be paid when the property extends into other counties.

MoNDAY, JuLY 6, 1903~

93

By Mr. Tisinger-

A bill to change the time of holding the fall term of Upson superior court.
By Mr. Van Buren-
A resolution to direct the State Printer to print and bind certain public records.
The fo1lowing Senate bill was read the third time:

By Mr. Symons-
A bill to exempt certain Confederate veterans from special taxes.

On motion, this bill was tabled. The following Senate bill was read first time :

By Mr. Davis, by request-
A bill to provide for the deduction on franchises due. cities, towns and villages in certain \lases.
Referred to the Finance Committee.
The following House bills were read third time and put upon their passage:

By Mr. Gaulden-
A bill to fix the license fee for retailing liquors in Brooks county.
Report of the committee was agreed to.

JouRNAL oF THE SENATE.
Upon the passage of the bill the ayes were 24, nays 0. The bill having receivfld the requisite constitutional majority was passed.
By Mr. Wooten-
A bill to repeal an Act establishing the city court of Mount Vernon, in Montgomery county.
Report of the committee was agreed to.
U pou the passage of the bill the ayes were 25, nays 0. "The bill having received the requisite constitutional majority wns passed as amended, and the amendment is as follows : Amend section 3 by adding after the word Governor the following words : Provided that the present judge of said city court shall have authority to sign bills of exceptions and answer writs of certiorari after this Act ~hall go into effect within the time prescribed by law.
At 1~ o'clock the Senate went into executive session.
Leaves of absence were granted Senators Christie and .Crumbly.
On motion, the Senate adjourned until to-morrow morn.ing at 10 o'clock.

TuESDAY, JuLY 7, 1903.

91)

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 7, 1903.
The Senate met pursuant to adjournment at 10 o'clock ; was called to order by the President.

Prayer was offered by the Chaplain.
0
Upon the call of the roll the following members answered to their names :

Allen, Atkinson, <Clark, .Clements, Comas, <Crumbley, Dodd, Davis, Duncan of lOth, Duncan. of 36th, -Golden, Harrell, Hightower, Hopkins, lludBOD,

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

Roberta,

Skelton,

Smith,

Snead,

Stevens,

Sweat,

Symons,

Taylor,

Tisinger,

Turner,

Van Buren,

Williams,

Worsham,

Mr. President,

'

Those absent w<3re Messrs.-
Christie,

The Journal of yesterday was read and approved.
Mr. Jordan, chairman of the Committee on Agriculture, .submitted the following report :

..Mr. President: The Committee on .Agriculture has had under considera-

96

J OURN4.L OF THE SENATE.

tion 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 provide for the registration, sale, inspection and

analysis of commercial fertilizers in bulk.

Respectfully submitted. .

0

C. H. JoRDAN,

Chairman.

Mr. Perry, chairman of the General Judiciary Committee, submitted the following report :
Mr. President: .

The General Judiciary Committee bas had under consideration the following bill of the Senate, which it in] structs me to report back with the recommendation that it do pass.

A bill to repeal an Act approved December 23, 1898~ amending an Act to regulate the fees of attorneys and receivers in cases where receivers are appointed.

Also that the following House resolution do pass :

A resolution for the relief of E. A. Buck, of Berrien county.

Respectfully submitted.

II. H. PERRY, Chairman.

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

TtrESDAY, JULY 7, 1903.

97

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

A bill to create the city. court of Jefferson.

A bill to amend an Act to create the city court of Swainsboro.

A bill to provide for removal of obstructions from the streams of Clayton county.

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 amend section 1:378, volume l of the Code of 1895, relative to admission to common Sf)hools, and for other purposes.

Mr. Hudson, chairman of the Committee on Pensions, submitted the following report:

Mr. President:

The Committee on Pensions have had under consideration Resolution No. 78, to pay the pension of Jesse E. Butler to his widow, which they instruct me to report back with the recommendation that the same do pass.

Respectfully submitted.
7s

Hunso:x, Chairman.

98

JOUR:XAL OF THE SENATE.

l\Ir. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special J udicia~y Commitfee has had under consideration the following bill of the Senate, which they instruct me to report back with recommendation that same do pass:

A bill to amend an act to create a new charter for the city 6f Douglas, in the count)' of Coffee, and for other purposes.

The comn1ittee also recommends that the following House bills do pass :

A bill to repeal an Act entitled an Act to establish the cit~ court of Jefferson, i!l Jacksen county, and for other
purpo~es.

A bill tl) be entitled an Act to amend an Act to establish the city court of Greenville, in and for the. county of l\Ieri~ wether, and for other purposes.

. A bill to be entitled an Act to repeal an Act entitled au Act to amend section 610, ':"'l)lume 1, of the Code of 1895, and for other purposes.

Respectfully submittet1. B. L. TISINGER, Chairman.

Mr. Duncan, of 36th, chai1man of the Committee on Temperance, submitted the following report :

M1. President : The Committee on Temperance has had under consider-

TcESDAY, JuLY 7, 1903..

99

-ation the following bill of the House, which it instructs me to report back with the recommendation that it do not pass:

A bill to establish a dispensary for the sale of intoxi<1ating liquors in the county of Whitfield, Ga., and for other purposes.
DuxcAN, 36th, Chairman.

The following House bills were read the first time :

By Mr. Bell of Milton-

A bill to amend section 13i8 of volume 1 of the Code relative to admission to schools.

Referred to Education Committee.

By lVIr. Mitchell of Clayton-
A bill to provide for the removal of obstructions from the streams of Clayton county.

Referred to Special Judiciary Committee.

Ry .:\1essrs. Hardman and Holder-
A bill to establish the city court of Jefferson in the city of Jefferson.

Referred to Special Judiciary Committee.

By Mr. Daniel of Emanuel-
A hill to amend the Act establishing the city court of . Swainsboro.

Referred to Special Judiciary Committee.

100

JOURNAL OF THE SENATE.

The following House bills and resolutions were read thesecond time :

By Mr. Spence--

A resolution to pay pension of Jessie E. Butler to his. widow.

By Messrs. Knight and Paulk-

.A. resolution for the relief of E. A. Buck, of Berrien, county.

By Messrs. Alexander and Grenade-

A bill to abolish the board of county commissioners of' Wilkes county.

This bill was recommitted to the Speciai.Judiciary Com-mittee.

By Mr. Howell-

A bill to amend the Act establishing the city court of Greenville.

By Messrs. Hardman and Holder-
A bill to repeal the Act establishing the city court of' Jefferson in Jackson county.

By l\Ir. Fussell-
A bill to amend section 610 of the Code, which provideswho shall pay the expense of erecting bridges which con-nect counties.
The following Senate bills was read second time:

TuESDAY, JuLY 7, 1903.

101

By Mr. Sweat-

. A bill to create a new charter for the town of Douglas in Coffee county.

By Mr. Jordan-
A bill to provide for the registration, sale and inspection of commercial fertilizers.

By Mr. Worsham-

A bill to repeal an Act to regulate the payment of fees to attorneys and receivers in case when petition and Illjunction for receiver is filed in this State.

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

By Mr. Davis--

A bill to amend paragraph 2, section 2 of the constitution of this State, exempting certain property from taxation.

Report of the committee was agreed to.

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

ThQse voting in the affirmative wore Messrs.-

A.lien, ()lark, Clements, Comas, Dodd, .Davis,

Duncan ot 36th,
Golden, Harrell, Hightower, Hopkins, Hudson.

Jordan, Lee, Ledford, Lewis, 1\Iathews, McLean,

102
l\!c::\Iicbael,
~Ierritt,
:\foore, Park, Perry, Reid,

JOURNAL OF THE SENATE.

Roberts, Skelton, Smith, Snead, Sweat, Symons,

'l'aylor, Tisinger, Ynn Buren, ""illiams, 'Worsham, :\[r. President.

Those not voting were ?IIessrs.-

Atkinson, Christie, Crumbley,

Duncan of lOth, :\IcCiure, =Iiddlebrooks,

SteYens, 'l'urner,

Ayes 36, nays 0.
The bill having received the requisite two-thirds majority was passed. The bill is as follows:

A BILL
To bP. entitled an Act to alter and amend paragraph 2 of section 2 of article 7 of the Constitution of the State of Georgia, so as to enlarge the power or exemption from taxation of all places of religious worship or burial; and also all pr0perty belonging to colleges, incorporated academies or other seminaries of learning; to provide for the proper ratification of the same by the people ; for the promulgation by the Governor or the ratification, in case of ratification, and for other purp?ses.
SECTIO~ 1. Be it enacted by the General Assembly of Georgia, That paragraph 2 of section 2 of article 7 of the Constitution of the State of Georgia, which is designated as section 5884 of the Code of 1895, be, and the same is, hereby altered and amended by striking out after the words "public property" in the second line of said section the words "places of religious worship or burial," and inserting in lieu thereof the words "all property of any church,_

TUESDAY, Jt:LY 7, 1903.

103

religious society or sect used as a place of worship, or as a parsonage and not for profit;" aud also by striking out after the words " public charity '' in the third line of said paragraph the following words, " all buildings erected .for and used as a,'' and inserting in lieu thereof the following words, " all property of any" ; and also by striking out the whole of the proviso in the last three lines of said section, and inserting in lieu thereof the following words, " provided the property so exempted be not used for any other purposes than for the benefit of such named institutions, respectively," so that said paragraph, when amended, shall read as follows: "Paragraph 2-Exemptions. The General Assembly may, by law, exempt from taxation all public property; all property of any-church, religious society or sect used as a place of worship or as a parsonage and not for profit; all institutions of purely public charity; all property of any college, incorporated academy or ot.her seminary of learning; the real and personal estate of any public library and that of any other library. association used by or connected with such library; all books and philosophical apparatus; all paintings and statuary of any company or association kept in a public hall and not held or sold as merchandise or for the purposes of sale or gain ; provided, the property so exempted be not. used for any other purposes than for the benAfit of such named institutions, respectively. . SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on the journals, .with yeas and nays thereon taken, the Governor shall, and he is hereby authorized and in_ structed to cause said amendment to be published in at least two newspapers in each congreo:sional district in the State for at least two months next preceding the time for holding the next general election.

104

JOURNAL OF THE SENATE.

SEc. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general electitm to be he~d after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words "For the ratification of the amendment to paragraph 2 of section 2 of article 7 of the Constitution of this State,'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against the ratification of the amendment 'to paragraph 2 of section 2 of article 7 of the Constitution of this State." And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for said amendment, then said paragraph 2, as herein amended, shall become a part of the Constitution of this State in lieu of the present paragraph 2 of said Constitution.
SEc. 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the submission of t~e amendment proposed in the first section of this Act to a vote of the people, as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, il!sue his proclamation for one insertion in one of the daily .papers of this State announcing such result and declaring the amendment ratified.
SEc. 5. Be it further enacted, That all laws and parts

TuESDAY, JuLY 7, 1903.

105

of laws in conflict herewith be, and the same are, hereby repealed.

By Mr. Van Buren-
A resolution directing the State Printer to print and ~bind certain records.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 0. The resolution Laving received the requisite constitutiona majority was passed.

By Mr. Davis-
A bill to require taxes to be paid by all persons and corporations in the counties In which by law they are required to be returned.

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. Symons-
A bill to exempt from license tax Confederate veterans -who are practitioners of law, medicine, or dentistry, in this .State.
l{eport of the committee was agreed to.
Upon the passage of the bill the ayes and nays were <>rdered, and the vote was as follows:

JOUR~AL OF THE DENATE.

Those voting in the affirmative were :Messrs.~

Clark, Clements, Comas, DaYis, Duncan, of 36th, Golden, Hightower, Hudson, Jordan,

Lee, Ledford, :\Iathews, McLean, :\Ic:\Iichael, l\Iiddlebrooks, :\Ioore, Park, Perry,

Reid, Roberts, 8rnith, Snead, S\veat, Symons, Taylor, Van Buren, 'Yilliams,

Tlwse Yoting in the negatiYe were :1Iessrs.-

Allen, Hopkins, Lewis.

:\Ierritt, Skelton, Stevens,

Tisinger, \\'orsham,

Tl1ose not voting '"ere :Messrs.-

Atkinson, Christie, Crumbley,

Dodd, Duncan of lOth, Harrell,

Ayes 27, nays 8.

:\IcC!ure, Turner, ~fr. President,

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

Amend caption by striking the word law Ill third lineand word dentistry in fourth line.

Amend section 1 by striking the words law and dentistry in sixth line.

Amend section 2 by striking the word law in sixteenth line and word dentistry in seventeenth line.
By Mr. JordanA bill to provide lD what county manufacturing and.

TuESDAY, Jn.Y 7, 1903.

107

other companiel", whose real estate lies in one or more counties, shall return their property and pay taxes thereon.

Report of the committee was agreed to.

G pon the passage of the bill the ayes were 32, nays 0~

The bill having received the requisite constitutionaL majority was passed.

By l\Ir. Tisinger-

A bill to change the time of holding the fall term of Upson superior court.

RPport 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.

The following Senate bills were read first time :

By Mr. Mathews-
A bill to amend paragraph 1, section 1, paragraph 5, section 2, and to add a new paragraph to article 6, section 2, to be known as paragraph 9 of the Constitution.

Referred to Constitutional Amendments Committee.

By :Mr. DuncanA bill to amend section 985 of the Civil Code, and for
other purposes.
Referred to Committee on Banks.

108

JouRNAL OF THE SEXA.TE.

By Mr. Perry-

A bill to prohibit the giving of passes, franks or allowing reduced rates to individu~ls over railroads, or the use of telegraph, telephone and express companies in the State {){ Georgia.

Referred to General Judiciary Committee. The following resolution was read first time:

By Mr. Smith-
A resolution congratulating Mr. C. H. Mackay, president of the Commercial Cable Company, upon his grand achievement in completing his cable from San Francisco to the Philippines.
Referred to Committee on State of the Republic.
l3y unanimous consent the House is requested to return to the Senate House bill No. 78, recently passed by the .Senate.
The following message was recei,ed from the House through Mr. Boifeuillet, the Clerk thereof:

.Mr. President:
I am directed by the House to return to the Senate House bill No. 78, the same having been done by request from your body.
The following Senate bill was read third time to be put u_pon its passage :

TUESDAY, JULY 7, 1903. By Mr. Howell-
A bill to amend the Act establishing a new charter for the city of Atlanta.
Report of the committee was agreed to. Upon the passage of the bill the aye.;; were 32, nays 0._
The bill having received the requisite constitutional majority was passed by substitute.
The following Senate bill was read first time:
By Mr. HowellA biil to amend the charter of the city of Atlanta.
Referred to Corporations Committee.
The following House bill was read second time with, adverse report from the committee:
By .Mr. Glenn-
A bill to establish a dispensary for the county of Whitfield.
Report was agreed to and bill was lost. At 11: 30 the Senate went into executive session. Leave of absence was granted Senators Duncan, lOth,. and Hopkins.
On motion the Senate adjourned until to-morrow morning at 10 o'clock.

110

JOURKAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 8, 1903.

The Senate met pursuant to adjourument 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, Dlark, Clements, Comas, Dodd, Da>is, Duncan of lOth, Duncan. of 36th, Golden, Harrell, Hightower, Hudson,

Jordan, Ledford, Len is, Mathews, l\IcCiure, McLean, Mcl\Iichael, :Merritt, l\Iidllle brooks, l\Ioore. Park. Perry, Reid, Roberts,

Skelton, Smith, Snead, SteYens, 8weat, Symons, Taylor, Tisinger, Turner, Yan Buren, "\Yilliams. "\Yorsbam, Mr. President.

Those absent were l\Iessrs.-

Crumbley,

Hopkins,

Lee,

The journal of yesterday was read and appro\ed.

Mr. Middlebrooks, chairman of Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations has had under consideration the following bills of the House, which I am in-structed to report back with the recommendation that they -do pass.

WEDNESDAY, JULY 8, 1903.

111

A bill to amend an Act concerning the election laws of the city of Cordele, and for other purposes.

Also, a bill to incorporate the town of Mansfield, in the

-county of Newton, and to provide for the goverument of

the same, and for other purposes.

'

.

Also, a bill to amend an Act to incorporate the city of Toccoa in the county of Habersham.

Also, that the following bill of the House do pass as .amended:

A bill to amend an Act entitled an Act to reincorporate the town of W aycro.;;s as the city of 'Vaycross, and for other purposes.

Respectfully submitted.

L. L. MIDDLEBROOKS, Chairman.

Mr. Duncan, 36th, chairman of the Committee on Temperance, submitted the following report:

jJfr. President:
The Committee on Temperance has had under considera. tion the following bill of the House, which it instructs me to report back with the recommendation that it do not pass.

A bill to provide for the establishment of a dispensary for the sale of Ii1uors iu the city of Wrightsville and the town of Kite, Johnson county, Georgia, and for other ,purposes.

Resp'ectfully submitted.

DUNCAN, 36th, Chairman.

112
Mr. Perry, chairman of the Committee on General Judiciary, submitted the folh:,wiug report:

Mr. PrMident:
The Committee on General Judiciary has had under consideration the following bill of the Senate, which I aminstructed to report back with the recommendation that it do pus:

A bill to prescribe bow property shall be levied on and sold which is held by a defendant in execntio~ when th~ plaintiff has obtained a special judgment upon the debt served by a conveyance of the title to such property, and
for other purposes.

Also that the following bill of the Senate do not pus:

A hill to provide for the payment of o01.1ts in civil oases. in superior, city, county and justice courts;

Respectfully submitted.

H. H. P&BY, Chairman.

Mr. Snead, chairman of the Committee on State of theRepublic, submitted the following report:
Mr. Pre&ident:
The Committee on Constitutional Amendments has had under consideration the following resolution of the Senate,. wbioh it instructs me to report back with the recommendation that the same do pan :
A reeolution congratulating Mr. C. R. Mackay, president of the Commercial Cable Company, on completing thecable between San Francisco and the Philippine islands.
Respectfully submitted. CLAIBORNE SNEAD, Chairman.

WEDgESDAY, JULY 8, 1903.

113

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

JJir. President:

The Special Judiciary Committee has had under consideration the following House bills which it instructs me to report back with the recommendation that they do pass:

A bill to he entitled an Act to amend an Act establish ing the city court of Swainsboro, in Emanuel county.

A bill to be entitled an Act to establish the city court of Jefferson in the city of Jefferson.

The committee also instructs me to report back the following House bill with the recommendation that it do not pass:

A bill to be entitled an Act to amend an Act in reference to the road laws of the State of Georgia, providing for the payment of a commutation tax, etc.
Respectfully submitted. B. L. TISINGER, Chairman.

The following message was received from his Excellency, the Governor, through. his Secretary, Mr. Blackburn, to wit:

Mr. President:

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.

By unanimous cJnsent House bill No. 78, which has
Ss

114

JOURNAL OF THE 8:ENATE.

been pu;sed by the Senate and returned from the House by request, was reconsidered andre-referred to the Corporation Committee.

Senate bill No. 139 was recommitted to the Agricultural Committee.

The following special order was taken up, which is as follows:

By Mr. Kelly-

A bill to revise the election laws of this State.

Mr. Comas moved to indefinitely postpone action on the bill and amendments.

On this motion the ayes and nays were ordered and the vote was as follows :

Tlm~Zc voting in the affirmativ-e were l.fessrs.-

.\II I'll, C:llmtntil, Comas, l)mu:an of lOth, linrr'ell.

Uiglltower, LPdford, Lewis. l\IcClure, llcLean,

Park, Reid, Uoberts, Turnu,

Tbot~c voting in the uegative were Messrs.-

Atkinson, Christie, Clark, Dodd, DaV"iS, Duncan. of 36th, {4olden, Tludson, Jordan,

1\fathews, !lfcl\1ichael, 1\fl!l'ritt, llfiddlebrookl, llfoore, Perr;r, Skelton, Smith,

Suead, Stevena, Swqt, Symons, 'Iaylor, Tisi:og'er,
W111lams. Worsham,

WEDYESDAY, JuLY 8, 1903.

1H

Those not voting were Messrs.-

Crumbley, Hopkins,

Lee. Van Buren,

Ayes 14, nays 25.

!\ir. President.

The motion was lost.

1\Ir. Comas moved to adjourn, and on this motion th' ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

c-
.l

Comas,

Ledford.

Reid,

Duncan of lOth,

McLean,

Symons,

Harrell,

Moore,

Turner,

Hightower,

Parlt,

Those Yoting in the negative were Messrs.-

Atkinson, Christie, Clark, Dodd, Da>is, Dun<'au of 31lth,
Go!dPn,
Hudson, .Jordan,

Lewis, lfathews, McClure, )[c:\Iichael, :!\!C'rritt,
~r:d<llcb:-ook8,
Perry, Skelton .

Smith, Snead. Ste>ens, !-;w<>at, 'l'aylor, 'l'isinger, \Yilliams, Worsham,

Those not Yoting we1e :Messrs.-

Allen, Clements, Crumbley,

Hopkins, Lee,

Ayes 11, nays 25.

Roberts, Mr. President,

The motion was lost.

On the amendment to strike out the section leaving th the adoption of this Act to the grand juries, the ayes an nays were ordered and the vote was as follows:

116

JOUBNAL OF THE SESA'l'E.

Those voting in the affirmative were Messrs.- ::;.

Atkinson, Clark, DOI!d, DUDCILD. ot 36th, Hightower, Hudson, McLean,

McMichael, Merritt, lllddlebrookl, Moore, Reid, lkelton. lnead,

Stevens,

~weat,

ll;rmons,

i'

Taylor,

Tisinger,

Williams,

Mr. l're81t1eo.t.

Those Toting in the negative were lfessrs.-

Allen, Christie, ClemE:".nts, Comas. Da111, Duncan of lOth, Golt!en,

Harrell, Jordan, Leator(!, Lewis. Mathews, McClure, :Park,

:Perry, Roberta,

....

Smith,

Turner,

Van Buren,

Worsbam.

'l'hose 110t '\"'ting were :Messrs.-

Crumbley,

Hopkins,

r.ee.

Ayes 21, nays 20.

The amendment was adopted and section was stricken.

Report: of the committee, which is that this bill be passed by substitute, WBS agreed to.

Upon the pa&aa.ge of the bill the ayes and nays were ordered and the vote was as follows:

Those voting in the a.:ffirmative wera ::Messrs.-

Atk:inaon, Christie. Clark, DOI!d, DuncaD. of 36th, Golden, Hudson,

McLean, llcHlchael, Merritt, llicUUebroo!ts, Skelton. Smith, Rnaad,

$te,ens, Swear. ll)'lllons, Taylor, Tislnger, Williams,

TBGRSDA Y, JUJ.Y 9, 1903.

117

Those voting in the negative were Messrs.-

Allen, Comal!l, Davis, Duncan of lOth, Harrell, Hightower, Jordan,

Ledford, Lewis. Mathews, 1\IcCiure, Moore, Psrk,

Perry, Reid, Roberts, Turner, V11n Buren, Worsham,

Those not voting were Messrs.-

Clements, Crumbley,

Hopkins, Lee,

Ur. Preslden,t.

Ayes 20, nays 19.

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

Leave of absence was granted Senator Lee from to-day's sess10n.

The hour of adjournment having arrived the Senate IJtood adjourned until to-morrow morning at 10 o'clock.

SEXATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 9, 1903. The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon the call of the roll the following members answered to their names:

118

JOURNAL OF THE SENATE.

Alleu, AtkinsoD, Christle, Clark, Clements, Comas, Dodd. Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell,
Hud~
Jordan,

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

Skelton, Smith, Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham. Mr. President,

Those absent were Messrs.-

Crumbley,

Hightower,

Hopkins,

Notice was given that a motion would be made to reco sider the action of the Senate in defeating the Australi~ ballot bill on yesterday.

The Journal was approved.

Mr. Smith moved to reconsider the action of the Sena in defeating the Australian ballot bill on yesterday.

On this motion the ayes and nays were ordered, and tl vote was as follows :

Those voting in the affirmative were :Messrs.-

Atkinson, Christl e. Mathews, McLean, McMichael, Merritt,

Middlebrooks, l'lfoore, Skelton, Smith, Snead,

Sweat, Symons, Taylor, Tisinger, Williams,

THURSDAY, JULY 9, 1903.

119

Tho::;e voting in the negative were Messrs.-

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

Golden, Harrell, Hudson, Jordan, Lee, Ledford, Lewis.

McClure, Park, Reid, Roberts, Stevens, Van Buren, Worsham,

Tho~:;e not voting were Messrs.-

Crumbley, Hightower,

Hopkins, Perry,

Ayes 16, nays 22.

Turner, Mr. President.

The motion was lost.

On motion, House bill No. 173 was recommitted to the Special Judiciary Committee.

By unanimous consent Senator Golden was added to the Committee on Banks.

The followiug resolution was read second time and adopted:
By Mr. Smith-

A resolution extending congratulations to Mr. C. H. Mackay, president of the Commercial Pacific Cable Co., on completing his cable from San Francisco to the Philippine islands.

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

120

JOURNAL OF THE SENATE.

Mt. Pre8ident:

The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit :

A resolution requesting the Governor to return House bill No. 15.

The House has also concurred in the Senate amendment to House bill No. 470, a bill to repeal an act establishing the county court of Mount Vernon.

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

Mr. President:

The General Judiciary Committee has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass by substitute:

A bill to authorize justices of the peace to change the time of holding justice's court.

Also, that the following Senate resolution do pass:

A resolut.ion to ratify the action of the mayor and council of the city of Marietta in authorizing Hansell street to be closed from the Western & Atlanti, Railroad to Denmead street, and for other purposes.

Also, that the following bill of the Senate do not pass:

A bill to require trial judges to purge jurors where defendant is indemnified by any person, association or cor-

THt::IlSDAY, JULY 9, 1903.

121

poration, and di;oq ualifying jurors who may be related to ~ny person or interested in any association or corporation indemnifying defendant, and for other purposes.

Respectfully submitted. H. H. PERRY, Chairman.
Mr. Jordan, chairman of Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on Agriculture 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 prohibit the sale of cotton futures in this State, and for other purposes.

Respectfully submitted.

C. H. JoRDAN, Chairman.

The following Senate bills were read second time and recommitted :

By Mr. Davis-
A bill to provide for the deduction on franchises due counties, etc., except amounts due for advalorem taxes.

By Mr. PerryA bill to limit the rate of taxation in this State.

Tho following House bill was read second time and recommitted.

122
-
By Mr. BawesA bill to appropriate 311,500 for equipping buildings
at the School for the Deaf.
The following Senate bill was read second time and recommitted:
By Mr. Dunmtn, 36thA bill to amend seotion 98o of the Code.
The following Bouse bill was read third time to be put put upon its pB.SSIIRe:
By Mr. SteedA bill to protect Confederate and other veterans in this
State mentioned in an Act approved December 9, 1893.
Report of the oommittee was agreed to.
Upon the passap of the bill the ayes were 1o, nays 14. The bill not having rooeived the requisite oonstitutional majoritywas lost.
The following Senate bills and resolutions were read second time:
By Mr MathewsA bill to prescribe how property shall be levied on and
sold, which is held by a defendant in exeoution when the plain tift' has obtained a spooial judgment.
By Mr. SkeltonA bill to authorie justices of the peace to change the
time of holding their courts.

THURSDAY, JuLY 9, 1903.

123

By Mr. Howell-

A resolution to ratify the action of mayor and council of Marietta in closing Hansell street.

The following Senate bills were read third time to be put upon their passage.

By Mr. Sweat-
A bill to amend the Act creating a new charter for the city of Douglas.

Report of 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. Worsham-
A bill to regulate the payment of fees to attorneys and receivers in certain cases.
Report of committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0. The bill having rt!ceived the requisite constitutional majority was passed.
The following Honse bills were read second time.

By Mr. Carr-

A bill to incorporate the town of Mansfield, in Newton county.

124

JOURNAL OF THE SENATE.

By Mr. Spence-

A bill to amend the Act incorporating the town of Waycross.

By Mr. PeytonA bill to amend the .Act incorporating the city of Toccoa.

By Messrs. Hardman and Holder-

A bill to establish the city court of Jefferson in the city of Jefferson.

By Mr. Daniel-
A bill to amend the Act e!!tablishing the city court of Swainsboro.
The following Senate bill was read second time and recommitted to the General Judiciary Committee:

By Mr. Perry-

A bill to prohibit the giving of passes on railroads or franks on other companies to any individual in this State.
The following House bills and resolutions were read third time to be put upon their passage :

By Messrs. Knight and Paulk-
A resolution for the relief of E. A. Buck, of Berrien county.
Report of the committee was agreed to.

TJ!URSDA.Y, JuLY 91 1903.

125

Upon the paRsage of the resolution the ayes were 24, 111ays 0.

The resolution having received the requisite constitutional majority 'vas passed.
By Mr. Spence-

A resolution to pay pension of Jessie E. Butler to his widow.

Report of the committee was agreed to.

This being an appropriation the ayes and nays were .ardered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson. Clark, Clements. Dodd, Davis, Duncan of latbt Duncan of 36th, Golden, Harrell, Hightower, Hudson.

Jordm. Lee, Ledford, Lewis. Mathews, :McClure, McLean, licllichael, lierritt, :uoore, Park,

Reid, Roberts, Skelton, Smitb, Snead, Itevens, S\veat, Taylol', Tisinpr, Williams, Worslmm,

Those :not voting were Mesm.-

Allen, Christie, Comas, Crumbley,

Hopkins, Middlebrooks, Perry, Symons,

Ayes 33, nays 0.

Turner, "\'nn Buren, Mr. Fresldent,

The resolution having received the requisite constitutional majority was passed.

126

JouRNAL OF THE SENATE.

By Mr. Fussell-

A bill to repeal an Act to ameud section 610 of the Code relative to the expenses of erecting bridges which connect counties.

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. Hardman and Holder-
A bill to repeal the Act establishing the city court of Jefferson in Jackson county.
Report of the committee was agreed to.

epon the passage of the hill the aye;; were 29, nays 0.

The Lill having receivr.d the requisite constitutional majority was passed.

By l\Ir. Howell-

A bill to amend the Act establishing the city court of Greenville.
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.

THURSDAY, JuLY 9, lfl03.

127

Leave of absence was granted Senator Middlebrooks until Monday.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following House bills, which I am instructed to report Lack with the recommendation that the same do pass, as amended :

By Mr. Kelley of Glascock-
A bill to repeal an Act entitled an Act to create an advisory board of commissioners for Laurens and Glascock counties, etc.
Also, that the fol!o,Ying House bill do pass :
l~ ~:r. :\Iirehc\1 or' C~ayton-
A bill toLe entitled an Act to provide for the removal of obstructions, etc., from creeks aud other running streams in the crnnty of Clayton.
Also, that the following House bill be recommitted to the General Judiciary Committee:

A bill to repeal an Act to establish the city court of Dublin in and for the county of Laurens, etc.
He;;pectfully submitted. B. L, TISIXGER, Chairman.

128

JOURNAL OF THE SEKATE.

House bill 383 was recommitted to the Special Judiciary Committee.

The following House bills were read the second time :

By 1.\:Ir. Kelly-
A bill to repeal an Act creating an advisory board of commissioners for Laurens and Glascock counties.

By Mr. Mitchell-
A bill to provide for the removal of obstructions from the streams of Clayton county.

The following resolution from the House was read and adopted:

By Mr. Tignor-
A resolution requesting the Governor to return to the House House bill No. 15, and the House wr.s requested to return said bill to the Senate:

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

Mr. President:
I am directed to return to the Senate House bill No. 15, in response to joint .resolution 240.

At 11 :30 the Senate went into executive session.

On motion, when the Senate adjournH to-morrow it will stand adjourned until Monday morning at 11 o'clock.

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

FRIDAY, JULY 10, 1903.

129

SENATE CHA)IBER, ATLANTA, GEORGIA,
Friday, July 10, 1903.
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, roll-call was dispensed wit~.
Notice was given that at the proper time a motion would be made to re0onsider the action of the Senate in defeating House bill No. 38 on yesterday.
The journal was read and approved.
By unanimous consent the following House bill was reconsidered and recommitted to the Committee on Constitutional Amendments.
By Mr. Tignor-
A bill to limit the power of taxation in this State.
Mr. Ledford, chairman of the Committee on Education, submitted the following report:
Mr. President: The Committee on Education has had under considera-
tion the following Senate bill, which it instructs me to report back with the recommendation that the same do pass.
A bill to provide that no person living within the terri-

130

JOURNAL OF THE SENATE.

tory embodied in any local public school shall be eligible to serve on the county board of education.

Respectfully submitted.

M. L. LEDFORD, Chairman.

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

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 repeal an Act approved December 23, 1898, amending an Act regulating the fees of attorneys and receivers.

Also, a bill to amend an Act creating a new charter for the city of Douglas.

Respectfu11y submitted.

M. L. LEDFORD, Chairman.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:

J1r. President:
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.

FRID:A.Y, JULY 10, 1903.

13.1

The following message was received fr-o-m: the House through M.r. Boifeuillet, the Clerk tbE)re.Q-f:

Mr. President:

. .n~--, (

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

A bill to prescribe.the manner of electing county school commissioners by the electors of each county.

A bill to provide for the teaching of the elementary principles of agriculture and civil government in the schools of this State.

The House has also concurred in the Senate amendment to House bill No. 470, which is a bill to repeal an Act to create the city court of Mount Vernon.

The following Senate bills were read second time :

By Mr. Park-
A bill to provide that no person living within the territory embodied in any local public school shall be eligible to serve on the county board of education.

The following Senate bills were read second time with adverse reports from committees. The report was agreed to and bills lost :
By Mr. Duncan-
A bill to require trial judges to purge juries in certain cases.

1.32

JOURNAL OF THE SENATE.

~y Mt:. &~t!lton-

A bill to provide the payment of costs in certain cases in the superior courts and justice courts.

By Mr. Golden-

A bill to prohibit the sale of cotton futures in this State-.
The report of the committee was disagreed to, and tbeibill recommitted to the Agricultural Committee.

The following Senate bills and resolutions were 11e21d third time and put upon. their passage:

,By 1\:Ir. Howell-
-A resolution to ratify the action of the mayor and eity council of Marietta in closing Hansell street.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 23, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Mathews-
A bill to .prescribe how property shall be levied on and sold which is held by a defendant in execution when the plaintiff has obtained a special judgment, and for other purposes.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

FRIDAY, JuLY 10, 1903:
The bill having received the requisite constitutional majority was passed.
The following House bills were read first time:
By Messrs. Steed and HixonA bill to elect county school commissioners by the
people.
Referred to Committee on Education.
By Messrs. Hardman and Shackelford-
A bill to provide for the teaching of the elementary principles of agricultmal and 0ivil government in the common schools of this State.
Referred to Agdcultural Committ~e.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
Mr. President: The Special Judiciary Committee has had under consid-
eration the following House bill, which it directs me, as its chairman, to report back to the Senate with the recommendation that it do pass :
By Messrs. Alexander and Grenade of Wilkes countyA bill to be entitled au Act to abolish the board of
county commissioners of roads and revenues and public property for the county of wilkes, and for other purposes.
Respectfully submitted. B. L. TISINGER, Chairman.

134

JOURNAL OF THE SENATE.

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

Mr. President:
The Committee on Banks having bad under consideration the following Senate bill, request me to report it back with the recommendation that it do pass :

A bill to be entitled an Act to amend section 985 of the Civil Code, and for other purposes.

Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Mathews moved to reconsider the action of the Senate in defeating the following bill of the House:

By Mr. Steed-

A bill to further protect Confederate veterans m this State.

The motion prevailed.

The following Senate bill was read third time to be put upon its passage :

By Mr. Duncan, 36thA bill to amend section 985 of the Civil Code:

Report of the committee was agreed to.

Upon the paseage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

FRIDAY, JULY 10, 1903.

135

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

By Mr. Mitcham-

A bill to provide for the removal of obstructions from the streams of Clayton county.

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.

By Mr. Carr-
A bill to incorporate the town of Mansfield in Newton county.

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. Peyton-
A bill to amend the Act incorporating the city of Toccoa in Habersham 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.

136

JOURNAL OF THE SENATE.

By Mr. Spence-

A bill to amend the Act incorporatingthe town of Waycross, in ware 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 as amended, and the amendments are as follows:
Amend section 2 by striking out m line 10 the figures 190:3 and inserting in lieu thereof 1904.

By Messrs. Hardman and Holder-
A bill to establish the city court of Jefferson in the city or Jefferson.
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 paso;ed.

By Messrs. Alexander and GrenadeA bill to abolish the board of county commis~ioner;; for
the county of Wilkes.
On motion, this bill was tabled.

. FRIDAY, JULY 10, 190:t

137

By Mr. Kelly-
A bill to repeal the Act creating the advisory board of commissioners for Laurens and Glascock counties.

Report of the committee was agreed to.

Upon the passage of the hill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed, as amended:

Amend by adding between the words "Act to" and "create " in the second line of caption the following words : " repeal an Act entitled an Act."

By Mr: Daniel-
A bill to amend the Act establishing the city court of Swainsboro in Emanuel 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.

Senator Jordan was granted leave of absence from Monday's ~;essio.m.

At 11: 20 the Senate went into executive sessk,n.
Mr. Perry, chairman of the Comrr.ittee on Constitutional Amendments, submitted the following report:
M1. President : The Committee on Constitutional Amendments has had

138

JOURNAL OF THE SENATE.

under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it do pass as amended:

A bill to amend article 7, section 1, of the Constitution of this State so as to limit the annual tax rate to five mills on each dollar of the value of the taxable property in this State, except for t.he purpose of providing a sinking-fund as provided in section 14 of said article, and for the purpose of repelling invasion, etc.

Respectfully submitted.

H. H. PERRY, Chairman.

The following Senate bill was read third time to be put upon its passage:

By Mr. Perry-

A bill to limit the power of taxation in this State by amending article 7, section 1, of the Constitution.

Report of the committee was agreed to.

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

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Christie, Clark, Comas, Dodd, Duncan ot 10th. Duncan of 36th, Golden,

Harrell, Hudson, Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean,

McMichael, Merritt, Moore, Park, Perry, Reid, Roberts, Skelton, Snead,

Stevens, Sweat, Taylor,

FRIDAY, JuLY 10, 1903.

139

Tisinger, Turner, Van Buren,

Williams, Worsham, ~fr. President,

TLosc not voting were Messrs.-

Clements, Crumbley, Davis,

Hightower, Hopkins, Middlebrooks,

Ayes 36, nays 0.

Smith, Symons,

The bill having received the requtslte two-thirds majority was passed as amended, and the bill is as follows:

A BILL
To be entitled an Act to amend article 7, section 1, of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of the taxable property in the State, except for the purpose of providing a si_nking-fund as provided in section 14 of said article, and for the purpose of repelling invasion, suppressing insurrection or defending the State in time of war.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That article 7, section I, of the Constitution of this State be amended by adding to said section the following paragraph, as paragraph 2: "The levy of taxes on property for any one year by the General Assembly for all purposes except to provide a sinking-fund as provided in section 14 of this article, and to provide for repelling invasion, suppressing insurrection or defending the State in time of war, shall not exceed five mills on each dollar of the value of the taxable property in the State."
SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to

140

JOURNAL OF THE SENATE.

by two-thirds of the members elected to each of the two houses of the GEmeral Assembly, and the same has been entered on the Journals, with the yeas and nays thereon taken, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congrel:'sional district in this State for at least two months next preceding the time for holding the next general election.
SEc. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general electi1m to be held after publication, as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of the amendrp.ent to article 7, section I, of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assembly to five mills on each dollar of the value of taxable property in the State, except for the purpose of providing a sinkingfund and for repelling invasion, suppressing insurrections or defending the State in time of war." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against the ratification of the amendment of article 7, section 1, of the Constitution of this State, so as to limit the levy of taxes on property for any one year by the General Assemb,ly to five mills on each dollar of the value of taxable property in the State, except for the purpose of providing a sinking-fund and for repelling invasion, suppressing insurrection or defendir.g the State in time of war.'' And if a majority of the electors qualified to vote for members of

MoNDAY, JuLY -13, 1903.

141

the General Assembly voting thereon shall vote for said amendment, then said amendment shall become a part of the Constitution of this State.
SEc. 4. Be it further enacted, That the Governor be, and he is, hereby authorized and directed to provide for the sub::ni>'sion of the amendment proposed in the first section of this Act to a vote of the people, as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred, in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, i~sue his proclamation for one insertion in one of the daily papers of this State, annunncing such result, and declaring the amendment ratified.
SEc. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

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

SENATE CHAliiBER, ATLAXTA, GEORGIA,
Monday, July 13, 1903.
The Senate met pursuant to adjoumment at 11 o'clock; was called to order by the President.
Prayer was offered by Senator Allen. On motion, the roll-call was dispensed with. The Journal was read and approved.

142

JouRNAL OF THE SENATE.

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

Jlr. President:
The Committee on Engrossing has examined the following Senate bills and resolution, which are found to be correctly engrossed and ready for transmission to the House, to wit:

A bill to amend article 7, section 1, of the Constitution so as to limit the levy of taxes by the General Assembly for any one year to five mills, except for purposes stated therein, and for other purposes.

A bill to prescribe how property shall be levied on and sold, which is held by defendant in execution, when the plaintiff bas obtained a special judgment upon the debt secured by a conveyance of the title to such property.
A bill to amend section 985 of the Civil Code, and for other purposes.
A resolution ratifying the action of the mayor and council of Marietta in authorizing Hansell street to be closed for a distance of about 200 feet, and to quiet the title of the Marietta Paper Mills, and for other purposes.
Respectfully submitted. A. B. DuNCAN, Chairman.

The following Senate bills were read first time :
By Mr. Comas (by request)A bill to authorize the issue and sale of bonds by the
county of Pearce to build and equip schoolhouses. Referred to Education Committee.

MoNDAY, Ju.LY 13, 1903.

143

By :Mr. Comas (by request)--

A bill to establish a system of public schools for Pearce county.

Referred to Education Committee.

By :Mr. Park--

A bill to amend paragraph 2 of section 5269 of the Code relative to the competency of witnesses.
Referred to General Judiciary Committee.

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

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

By Mr. Gaulden of Brooks-

A bill to amend the charter of the town of Morven.

By Messrs. :Mayson and Candler of DeKalb-
A bill to amend an Act approved December 9, 1898, incorporating Edgewood.

By :Mr. Overstreet of ScrevenA bill to repeal an Act to establish a system of public
schools for Sylvania school district.
By Mr. KendrickA bill ~o amend Act incorporating Sharon.

144

Jou~NAL o~ THE SENAT&

:By Mr. Brock-

.A bill to repeal the Act creating a board of commission.er~ fo~ Dade county. -

:By Mr. Morris of CobbA bill to incorporate Mount Zion school district.
.By ~r. Conner of BartowA Lill to protect fish in Bartow county.

By Mr. Mann of TattnallA bill to amend the charter of the town of Lyons-

By Mr. Stanford of Harris-
A bill to amend the charter of Hamilton.
By Mr. Griffin of Twiggs-
A bill to amend the Act creating a board of commissioners for Twiggs county.
The House has also passed by the requisite constitutional majority the .fo1lowing bills of the Senate, to wit :

By Mr. Sweat of 5th-
A bill to establish dispensaries in Coffee county. By Mr. Comas of 3d-
A bill to create a board of road and bridge commission-ers for Appling county.

l\Io~DAY, JULY 13, 1903.

145

The House has also adopted the following joint resf)lutiou and invites the concurrence of the Senate in the same:

By :\Ir. Calvin of Richmond-
A resolution inviting the Honorable Chancellor of the l::-uiversity of Georgia to address the General Assembly.

~Ir. ~liddlchwoks, chairman of the Committee on Corporationt>, submitted the following report:

JJ!r. President:
The Committee on Cnrporations has had under consideration the fiJllowiug House bill, which it instructs me to report back with the recommendation that the same do pass as amende<l.

A bill to incorporate the town of East Ellijay, and for othet purposes.

Retipectfully submitted.

L. L. MIDDLEBROOKS, Chairman.

The following House bills were read first time.

By :\lr. Overstreet~
A hill to repeal an Act to establish a system of public ;;chwlls f"r Sylvania school district.

Referred to E<lucatiou Committee.

B' :\lr. KendrickA hill to amend an Act, approve<! December 2-1, 11-l~-!,
incorporating the to\\'ll of Sharon, Taliaferro county, Ga.
Heferred to Corporation Committee.
ltlS

146

JOUBNAL OF THE SESATE.

By Mr. Gaulden-

A bill to amend the charter of the town of Morven.

Referred to Corporation Committee.

By Messrs. Mayson and Candler-

A bill to amend the Act incorporating the town of Edgewood by repealing section 2 of said Act.

Referred to Corporation Committee.

By Mr. Brock-
A bill to repeal an .Aot creating a board of commissioners of roads and revenues for Dade county.

Referred to Special Judiciary Committee. By Mr. Conner-
A bill to protect the fish in the streams of Bartow county.

Referred to Agricultural Committee. By Mr. Stanford-
A hill to amend the charter for the town of Hamilton. Referred to Corporation Committee.

By Mr. MannA bill to amend the charter of Lyons, in Tattnall county. Referred to Corporation Committee.

MOXDAY, JULY 13, 1903.

147

:By Mr. Griffin-

A bill to amend an Act creating a board of commis.sioners of roads and revenues for Twiggs county.

Referred to Special Judiciary Committee.

J3y Mr. MorrisA bill to incorporate the :Mount Zion school district. Referred to Education Uommittee. By unanimous consent the following bill of the House
was taken from the table to be put upon its passage.

By Messrs. Alexander and Grenade-
A bill to abolish the board of county commissioners of wilkes county.
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.
The following House bill wa~ read the secJnd time :

By l\Ir. Welch-
A bill to incorporate the towu of E:1st Ellijay, in Gilmer county.
The following House resolution was read. and concurred in.

I4R

JOUR~AL OF THE SENATE.

By Mr. Calvin-

A resolution inviting Chancellor Hill, of the Univetsityof Georgia, to address the General Assembly.

At 11:30 the Senate went into executive session.

The following roessage was received from his Excell"lucy, the Governor, through his 8ecretary, Mr. Blackburn, to wit: .

.Jir. President:
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.

The following Senate bill was read first time:

By ~Ir. Worsham-
A bill to prevent betting or selling of pools upon the. result of any trial or contest of skill, speed or power of endurance of man or beast in this State.

Referred to General .Judiciary Committee.

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

'TuESDAY, JULY 14, 1903.

149

RENATE CHA::IIBER, A'I'LAXTA, GEORGIA,
Tuesday, July 14, 1903.

'The Senate met pur.,;nant to adjournment at 10 o'clock; 'was called to order by the President pro tern.

.Prayer was offered by the Chaplain.

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

AlleR,
Atkin~on,
Christie, <::lark, {'!ements, Comas, Dodd. Davis, Duncan of lOth, Duncan of 36th, -Golden, Harrell,
Highto'~>er,
Hopkins, Hudson..

Jordan, Lee, Ledford, Lewis, Mathews, :\IcClure, ~I c L e a n , )lc:\lichael, 1\ferritt, l\liddlebrooks,
~1oore,
Park, Perry, Reid,

Boberts, Skelton, Smith, Snead, Stevens, S\Teat, Symons, Taylor, Tisinger, 'l'urner, Van Buren, 'Yillia ms, "'orsham, l\Ir. President,

Thos8 absent w8re :Messrs.-
<::rumbley,

The Journal of yesterday was read and approved.

The following message was received from the House through 1\Ir. Boifeuillet, the Clerk thereof:

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

150

JOUR~AL OF THE SENATE.

By Mr. Flynt of Spalding-

A bill to amend the charter of the city of Griffin,. and~ for other purposes.

By Mr. Grice of Pulaski-
A bill to amend the Act establishing dispensaries in the county of Pulaski, and for other purposes.

By l\Ir. Stoyall of Chatham-
.A bill to grant to the mayor and aldermen of Savannah "ertain lands on which to erect a public building, and for other purposes.
By Messrs. Booth and Lawrence of'Walton-
A bill to repeal an Act to create a board of commissioners for Walton county, and for other purposes.

By Mr. Grice of Pulaski-
A bill to amend the charter of the city of Hawkinsville,. and for other purposes.

By Messrs. Morris and McLaii1 of Cobb-
A bill to authorize the mayor and council of Roswell toisEue bonds, and for other purposes.
By Mr. :;\:Iitcbell of Thomas-
A bill to amend the charter of the town of Cairo, 111:. Thomas county, and for other purposes.

TUESDAY, JULY 1-!, 1903.

151

By Mr. Grice of Pula11ki-

A bill to ameud an Act to create a board of commissioners for Pulaski county, and for other purpose:;:.
By ~Ir. Davison of Greene--

A bill to amend the charter of Greensboro, and for other purposes.

By .Mr. Cann of Chatham-

A bill to amend section 3 of an Act approved September 28, 1881, so as to provide greater compen!'ation for the deputy jailer and jail guards, and fot other purposes.

The t(Jllowing message was received from the House through :\lr. Boifeuillet, the Clerk thereof:

iJlr. President :

The Honse has pa!'sed by the requisite constitutional majority the t'ollowiug resolution of the HouEe, to wit:

A resolution providing fot an appropriation to meet the deficiency in the insurance fund of 1901.

::\Ir. 'l'isinger, chain~lan of the Special Judiciary Committee, ~nbmittetl the following report:

Jfr. P1esident:
The Special Judiciary Committee has had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pasa:

A bill to ameud an Act in reference to the road laws

152

JOURNAL OF THE SENATE.

of Georgia, providing for the payment of a commutation tax, and for other purposes.

A bill to repeal an Act creating a board of commissioner,; of roads and revenues for the county of Dade.

Respectfully submitted.

B. L. TI~INGER,
Chaitman.

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

JJ!r. President:
The General Judiciary Committee has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass.

A bill to amend paragragh 2 of section 52G9 ot the CiYil Code of 1895, relative to the competency of witn!'~~es, etc.

Also that the following bill of the Senate do not pass:

A bill to fix the age of con~ent in this State, prn\'iding a penalty therefor, and for other purposes.
Also that the follo\\ing bill of the Honse dopa~:<.

A bill to regulate the filing of second claims under the claim laws of this State, and to puni~h any officer \'iolatiug this Aet, and for other purposes.

Hespectfully ~ubmitted.

H. H. PEHRY, Chairman.

TuESDAY, JuLY 1-!, 1903.

15!3

we, the undersigned members of the ({eneral Judiciary Committee of the Senate, respectfully dissent from the majority report of the General Judiciary Committee in recommending the passage of House bill No. 46, and submit this our minority report: that the said bill do not pass, for the present law is just, adequate and does not require the amendments in said hill to meet the ends of justice.

Respectfully submitted.

B. L. TISIXGER, W. P. Donn, R. L. MERRITT' H. H. PERRY.

The {ollowing resolution was read first time:

By Mr Davis-
A resolution to authorize the State bank exammer to employ a stenographer.

Referred to Finance Committee.

The following Senate bills were read first time:

By Mr. Sweat-
A bill to create a new charter for the town of 1'\ichols, in Coffee county.

Referred to the Special Judiciary Committee.

By l\Ir. Skelton-
A bill to prohibit the manufacture of spirituous liquors in Hart county.

Referred to Special Judiciary Committee.

JouR~AL OF THE SENATE.
:\ir. :Mathews, chairman of the Committee on Railroads,. submitted the following report:
M1. President:
The Committee on Railroads has had under consideration the following Senate bill, which it instructs me to report back 'vith the recommendation that the same do pass.
A bill to amend section 2171 of vol. 2 of the Code ot 1895, allowing railroads to change line for purpose ot reducing grades and curvatures, and for other purposes.
The committee has also had under consideration the following Senate bills, which it instructs me to report back with the recommendation that they do not pass.
A bill to enlarge the power~> of the railroad commil:'sion.
A bill to p1e~cribe the venue of actions for penalties incurred by railroad companies for violating rules and orders of the railroad commission.
The committee has also had under consideration the following House bill, which it instructs me to report back with the recommendation that it do not pass:
A bill to extend the powers of the Railroad Commission of Georgia.
Respectfully submitted. H. A. l\IATHEWS, Chairman.
1\lr. :Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

TuESDAY, JuLY 14, 1903.

155

Mr. President:

The Committee on Corporations has had under consideration the following House bill!.", which it instructs me to report back with the recommendation that they do pass :

A bill to amend the charter of Lyons.

A bill to amend the charter of the town of Hamilton.

A bill to amend the charter of the town of Sharon.

A bill to amend the charter of the town of Morven.
. The following bill of the House has been under consid.:..
eration which I am instructed to report back with therecommendation that it do pass as amended:

A bill to provide a board of commissioners of roads and. revenues for the county of Monroe.

Respectfully submitted. L. L. :\IJDDLEBROOKS, Chairman.

The following Senate bills were read first time:

By :\Ir Park--

A bill to amend the Act establishing the dispensary in Hogansville.

Referred to Special Judiciary Committee.

By Mr. Hopkins-

A bill to permit and authorize the defendant in action now pending or that may hereafter be brought by the State

156

JouBNAL oF TRE SENATE.

for the recovery of certain lots of land to plead as defense thereto possession of sa.id lands for the period of t\venty years.

Referred to General Judiciary Ctlmmittee.

,By :M:r. Smith--
A bill to authorize street railroad companies to change their roads in cities by consent of mayor and council, and for other purposes.
Referred to Railroad Committee.
Mr. Hopkins, chairman of the. Committee on Appropri1ltions, made the following report :

Mr. President:
'fhe Committee on Appropriations has had under consideration the following bill of the House which I am instructed to report back with the recomme-ndation that it do pass:
A bill to af1propriate the sum of eleven thousand five hundred dollars (Ill,500) for the purpose of building and equipping an addition to the dormitory of the Georgia School for the Deaf, and for other J>Iuposes.

Also, that the following resolution of the House do pass :

A resolution to appl'Opriate $9,360 for }layment of indi gent widows.

"T Respectfully submitted. H.

HOPKINS, Chairman.

Tl'ESDA Y, JuLY 1-l, 1903.

157

:Mr. Symons, chairman of the Enrollment Committee, submitted the following report:

Mr. President: The Committee on Enrollment has examined the follow-
ing Acts which are found to be correctly enrolled and ready for the signatures of the President of the Senate and Speaker of the House of Representatives, to wit :
An Act to establish dispensaries for Coffee county for the sale of spirituous, vinous and malt liquors and create a board of managers for the same, and for other purposes.
An Act to create a board of road and bridge commissioners for Appling county, define their powers and prescribe their duties, and for other purpose.
Respectfully submitted. \V. F. Snroxs, Chairman.
The following Senate bill was read second time and recommitted to the General Judiciary Committee :
By :\Ir. :\Iathews-
A bill to provide for levy and sale of property, and for other purposes.
The following Honse bills were read fir:-;t time:
By :\Iessrs. Booth and Lawrence-
A bill to repeal an Act creating a board of county commis:-;ioners for \Valton county.
Referrell to Special .Judiciary Committee.

1138

JOURNAL OF TRE h::3'ATE.

By l'Ir. Stovall-

A bill to grant unto the mayor and aldermen of Savannah authority to erect pttblic buildings.

Referred to Special Judiciary Committee.
'By Mr. Grice-
A bill to amend the charter of the city of Hawkinsville. Referred to Corporation Committee. ,By Messrs. Morris and McLainA bill to authorize the mayor and council of Roswell to issue bonds not to exceed 111,000 to improve the streets.
Referred to Corporation Committee.
By Mr. GriceA bill to am~::nd the Act creating the board of county
commislioners of Pulaski county. Referred to Special Judiciary Committee.

By Mr. MitchellA bill to amend the charter of the town of Cairo.
Referred to Corporation Committee.
By Mr. DavisonA bill to amend the charter of the city of Greensboro, in
-Greene, county. Referred to Corporation Committee.

TUESDAY, JGLY 14, 1!10:3.

159

By Mr. Flynt-

A bill to amend the charter of the city of Griffin so as to create a board of commissioners of lights and water.

Referred to Corporation Committee.

By Mr. Cann-

A bill to amend section 3 of an Act so as to provide greater compensation for deputy jailers of Chatham county.

Referred to Special Judiciary Committee.

y Mr. Grice-

A bill to amend the Act establishing a dispensary in Pulaski county.

Referred to Temperance Committee.

The following House resolution was read first time:

By Messrs. Davis and Howell-
A resolution to provide for an appropriation to meet the -deficiency in the insurance fund of 1901.

Referred to Appropriation Committee.

The following Senate bill was read first time :

_By Mr. Lee-
A bill to incorporate the Kensington school district, in Walker county.

Referred to Education Committee.

160

JoURNAL OF THE SESATE.

The following Senate bills were read second time:

By :Mr. Park-

A bill to amend paragraph 2 of section 5269 of the Code.
By Mr. Van Buren-

A bill to an1end section 2171 of the Code, volume 2.

The following Honse bills were read second time:
By ~Ir. Thurman-
A bill to amen,d an Act in reference tu the road laws of Georgia, providing for the payment of a commutation tax.
Byl\Ir. Felder-:-
A bill to regulate the filing of second claim~t under tbe claim laws of Georgia.

The following HoJDe bills were reatl second time with ad\'erse report from the committeE!:

By l\Ir. Kent-
A hill to establish a dispensary in the city of Wrightsville and town of Kent.

Report of committee was agreed to and bill lost.
By :\lessrs. Steed aml Hixon-A hill to extend the powers of the railrmul co111mission.
On motion, this bill was tabled and 100 eo11ies ordered printed.

TuEsDAY, Jur-Y 14, 1903.

161

The following House bill was read second time and recommitted to the Temperance Committee:

By Mr. Womble-
A bill to prohibit the manufacture of liquors in Upson county.

The following House bill was read third time to be put upon its passage:

By Messrs. Shannon and Walker-
A bill to provide a board of county commissioners for Monroe county, and for other purposes.

.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 constitution~! majority was passed as amended.

AMENDMENT.
~y Mr. Worsham, 22d District-
Amend section 1, by striking out all of said section and inserting in lieu thereof the following :
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That there shall be a board of commissioners of roads and revenues for the county of Monroe to consist of five members until January 1, 1905; after January 1, 1905, to consist of three members. Said board to be known as the board of commissioners of roads and revenues for :Monroe county.
That J. S. Josey and L. J. Sutton, who are at present members of the board of commissioners of roads and reve-
lls

162

JOURNAL OF THE SENATE.

nues for said county, and whose terms of office ex1-ire January 1, 1905, and J. 0. Holmes, L. 0. Hollis and W. A. Thrash, who are members of said board, and whose terms of office do not expire until January 1, 1907, shall constitute the board of five membets until January 1, 1905, and that J. 0. Holmes, L. 0. Hollis and W. A. Thrash shall consitute the board from January 1, 1905, to January 1, 1907, or until their successors are appointed and qualified.
That the last grand jury to meet in said county prior to January 1, 1907, shall elect three members of said board; one for one year, one for two years and one for three years. That thereafter the last grand jury each year shall elect one member of the board to succeed the member whose term of office expires on January 1, next thereafter. In case of a vacancy, the first grand jury. that meets after the vacancy occurs shall fill it for the unexpired term.
After January 1, 1907, the term of office of all the members of said boatd shall be three years, except where there is a vacancy and an election to fill an unexpired term. No two members of said board shall reside in the same militia district, nor within five miles of each other.
Amend section 5, in second line, by :"triking out the words ' 111903" after the word " J anuay '' ~1110 he tore the word" and" and inserting in lieu thereof the wncd "l90-l.''
Amend section 10 by adding between the wltl'ds "rr.embers" and "superintendent" the word; "ur any citizen of said county."

REPORT OF MINORITY OF. HAILRO.\.D CO.Ml\HTTEE OF THE SE~ATE OX HOU;;E BILL No. 27.
This bill proposes to extend the powers of the Railroad Commission so as to confer on it the po\~er to regulate the time within which the several railroad companies of this

TUESDAY, JULY 14, 1903.

163

.State receive, receipt for and forward freights, and to regulate tbe time within which freights shall be delivered to consignees.
We di,.sent from the report as adopted and made by the majtnity of said committee for the following reasons to wit:
Tue bill if< in line with the general policy of the law creating the Railroad Commisson and defining its powers. This policy and the purpose of the law providing the Railroad Commission both were that t.he Commission should act as an arbitrator with pll1nary powers to settle all differences between railrmtls of the State and the people dependent .upon them for t ram;pqrtatin, and it is especially provided that one principal thing to be considered by the Commission in the exercis~ nf ito; dnties and powers, is the prevent.ion of discrimination between people auJ communities on the part of the tailroud,...
The Commission, under the law, recehed ample power to fix rates, to be clt.uge.l np 111 all transp(Jrtation of freight and passengcri llt'tw:>cn p iat.i in..ide the State. This enormous power (which tiJe railr.ads predicted would work ruin and wreck to all railroad operations in the .State) has been so exerciseJ nml a,lministered as to a:ftord great relief to the people, and bas been administered with such a degree of conservatism and fairness toward the railroads that tbe representatives of the railroads appearing before the committee in antagonism to this bill now under consideration have, with great unanimity, stated that the Commission as now constituted, and as heretofore con~tituted, has been reasonable and just, and that the objection to the present bill grows out of the fear that there may not always be so fair, just and conservative a Commission .as we now have and have had heretofore.
This objection raised to this bill is much more weighty as a reason why the power to fix rates should be withdrawn

16-!

JOURNAL OF THE SENATE.

from the Commission, and as an argument for the abolition, of the Commission altogether than as a just argument against this bill.
Another argument insisted on before the committee isthat at times of unusual congestion of freight it may be im-possible for railroads to move freight as soon as offered ; : that with even with a full equipment, adequate to all usual needs of the railroad, it sometimes occurs that delays are inevitable from extraordinary demands for transportation.
There is, no doubt, strength in this argument, but it is adequately met by reference to the bill itself, which does. not undertake to require any impossibilities of the railroad companies, but only authorizes the Commission to " regu-late the time within which and the manner in which the several railroad companies in this State shall receive, receipt tor and forward all freights tendered for transporta-tion."
The bill itself does not require impossibilities nor contemplate that the Commission will require impossibilities. It only authorizes the making of reasonable regulations in this matter.
The fact that the Commission has not already such. power is surprising, and is manifestly a legislative oversight, merely.
\Ye cannot think that in a general law, placing in the hands of the Commission general power to make rates and to prevent discrimination of all kinds, as between individuals and communities, it was contemplated that a railroad company might be allowed to take its own time in serving its patrons, discriminating against one or more communities or against one or more individuals in the matter of prompt shipments.
The Railroad Commission in its last report says: "Many complaints have from time trJ time been made to the Comsion that the railroad companies, principally at non-com--

TUESDAY, JULY 14, 1903.

165

qJetitive points on the lines of their several roads, fail or refuse to receive, receipt for and forward promptly to -destination goods which are tendered to them for shipment . This is notably true during the cotton and fertilizer sea"Sons and of shipments of those commodities. The companies, when complaint is made, seek to excuse the failure so to ~eceive, receipt f'or and forward to destination goods offered for shipment upon the ground that their rolling stock is '()therwise employed. The Commission is of the opinion that every railroad company engaged in business within the State of Georgia should provide itself with rolling stock and '()ther equipment adequate to the prompt and expeditious transportation of any freights which may be offered. It is '()ur opinion that the duty of the railroad companies and the interest of the business and shipping public demand that this should be done. The so-called extraotdinary conditions arising from the sudden access of great volumes of freight, in view of their necessarily frequent recurrence should be _anticipated, and p1ovision should be first made by the railroad companies of this State for the movement of traffic originating in this State and offered for shipment by its citizens."
Instances have been cited hefore the committee of great hardships and loss by failure of the railroad companies to .furnish cars and transportation of cotton at non-competitive points on their roads, the cars being carried by and beyond such points in order to use them at competitive points.
Also of great and inexcusable delay in delivery of freight. The reply is made that the person injured has his right of action for damages against the road, but this reply is not satisfactory. "What is wanted is not rights of action but a prevention of wrongs. The one is but a poor and inadequate substitute for the other. Business cannot be ..conducted safely with reliance upon delays of lawsuits, but .can be so conducted where reliance can be placed upon the'

1tifi

Joum<AL OF THE SENATE.

prompt obtaining of right and fair treatment on the part of rai !roads.
Xo railroad, doing all in its power to Pomply with thereasonable rules which the Commission would be authorized to frame under this bill, would suffer. No such railroad should object to the reasonable rules that would be made and enforced under the provisions of this bill.
H. A. MATHEWS, E. H. McMICHAEL..

MINORITY REPORT ON SENATE BILL No. 751.
'Ve beg leave to file this minority report in dissent from the report of the Railroad Committee, which was adverse to the passage of the abov6 bill. This bill proposed toextend the authority of the Railroad Commission so as to empower it to require railroad companies to construct and maintain side-tracks, where the public convenienc demandsthem, and where the volume of business warrants their. construction.
'Ve base our dissent from the majority report largely npun the cogent reasons, simply and clearly stated, in the recommendation by the present Comlllission in its annual report to the Governor, a copy of which h::1s been presented to themembers of the General Asse1~bly.
The Commission, having constant oversight of the railroad situation, and having a more intimate acquaintancewith the situation than any other individual or body, seesthe need for additional authority. The railroads say, through their regular representatives before our committee, that there is no nee.d of this additional power to be conferred on the Commission because they always stand ready to put in side-tracks where the business will warrant, imd that it is a, source of danger to railroads to be required to put in too many side-tracks.

TuESDAY, JcLY H, 1903.

167

In our opinion a sufficient answer to this rather inconsistent reasoning is that the bill does not undertake to lay down any rules, but only to authorize the Commission, as the fair and just arbitbr between the people and the railroads, to decide any question that may arise as to the necessity for and the po!isibility of the construction of sidetracks.
The general idea of the Railroad Commission law is to prevent anything on the part of railroads in the nature of arbitrary discrimination or oppression. Hailroads are great benefactors to the country, and in the main are conducted in aliberal and fair spirit towards the public, but it is well to realize that a " little brief authority" inclines some rail~oad officials as it does other people, to a show of arbitrary opposition to reasonable and just requests of those dependent upon them.
In our opinion the very existence of such a power as is intended by this bill to be vested in the Commission will have a most salutary effect in the direction of preventing unjust or discriminating refusals by railroad companies to provide rea~:>onable and necessary side-track facilities.
The fact that the Commission has no such power or authority as this bill cont~mplates is surprising and not in keeping with the general purpose of the law creating the Commission and defining its powers.
H. A. MATHEWS~ H. H. PERRY.

At 10: 30 the Senate went into executive session.

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

168

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 15, 1903.
The Senate met punouant to adjournment at 10 o'clock; was called to order by the President pro tern.
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, Duncan of lOth, Duncan. of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Jordan, Lee, Ledford, Lewis, Mathews, 1\IcClure, McLean, Mc:\Iichael, l\Jerritt, Middlebrooks, l\Ioore, Park. Perry, Reid,

Roberts,
~kelton, ~mith,
Snead, Sten'ns, :::wEeat, Symons, 'fllylor, 'l'isinger, Turner, Van Buren, 'nlliams. 'forsham, l\lr. President.

The journal of yesterday was read and approved.

Mr. Ledford, chairman of the Committee on Education, 'Submitted the following report:

l'b. PTesident:
The Committee on Education has had under consideration the following Senate bills, which it instructs me to report back with the recommendation that they do pass:

WEDNESDAY, JuLY 15, 1903.

169

A bill providing for a uniform system of text-books for the public schools, and for other purposes.

A bill to authorize. the issue and sale of bonds by the county of Pierce in building and equipping schoolhouses.

A bill to establish a system of public schools for Pierce <!OUnty.

The committee also recommends that the following House bill, which it has had under consideration, do pass:

A bill to repeal an Act establishing a system of public schools for Sy1yania school district.

The committee has also had under consideration the following House bill which it instructs me to report back with the recommendation that it do not pass:

A bill to amend section 1378 of Vol. 1 of the Code of 1895 relative to admission to common schools, and for <>ther purposes.

Respectfully submitted. M. L. LEDFORD, Chairman.

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

llfr. President:
The Special Judiciary Committee has had under consideration the following Senate bills, which it instructs me to report back with the recommendation that they do pass :

A bill to create a new charter for the town of Nichols.

170

JOUR~AL OF THE SESATE.

A bill to prohibit the manufacture of distilled spirits m Hart county.

The com:nittee has also had under consideration the following Honse bills, which it instructs me to report back with the recommendation that they do pass:

A bill to amend section 3 of an Act approved SeptemLer 29, 1881, so as to provide greater compensation for the deputy jailer and the jail guards.

A bill to grant to the mayor and aldermen of Savannah certain land on which to erect public buildings.

A bill amending an Act creating a board of commissioners of roads and revenues for Pulaski county.

The committee has also had under considerati'on the following House bill, which it instructs me to report back with the recommendation that the same do pass, as amended :

A bill to repeal an Act creating a board of commissioners of roads and revenues for \Valton county.

Respectfully submitted. B. L. Trsr~GER, Chairman.

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

Mr. President:
The Committee on General Judiciary has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass as amended :

WEDXE~DAY, JULY 15, 1903.

17L

A bill to provide for the levy and sale of the equity of redemption in cases of conveyances and deeds executed to property to secure debts, ar.d for other purposes.

Respectfully submitted.

H. H. PERRY, Chairman.

The following minority report was submitted:

MINORITY REPORT ON SENATE BILL No. 140.

\Ve, the undersigned members of the General Judiciary Committee of the Senate, respectfully dissent from the majority report of the General Judiciary Committee in recommending that said bill "do pass as amended," and submit as our report that said bill do not pass, for, in om. opinion, the present law is just and adequate; that the passa~e of said bill would be un"ise, inexpedient, against the interest of real estate owners, making real estate less desirable security for long loans; injurious to the interest of the farm owners of this State; liable to create confusion of titles and conducive of much litigation, rendering the owners of equity of redemption less able to pay debts.

Respectfully submitted.

R. L. MERRITT.

The following Senate bill was read second time and: recommitted to the General Judiciary Committee:

By l\Ir. Hopkins-

A bill to permit and authorize the defendants in action now pending or that may hereafter be brought by the State for the recovery of certain lots of land to plead as defense thereto possession of land for a period of 20 yean.

172

JouRNAL oF THE SENATE.

.Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:
Mr. President: The Committee on Corporations has had under comider-
ation the following House bills, which it instructs me to report back with the recommendation that they do pass:

A bill to authorize the mayor and council of Roswell to issue bonds not to exceed $11,000 for improving streets.

A bill to amend the charter of the town of Cairo, in Thomas county.

.A bill to amend the charter of the city of Greensboro. A bill to amend the charter of Hawkinsville. A bill to amend the charter of Griffin . .Respectfully submitted.
L. L. MIDDLEBROOKS, Chairman.

The following Senate bill was read first time:

By Mr. Lewis-
A bill to secure to the several counties of this State the public scbool fund to which they are now or may hereafter be entitled under the law.
Referred to Finance Committee.

By Mr. Mathews-
A bill to provide for the registry of transfers of bonds for title.
Referred to General Judiciary Committee.

WEDXESDAY, JuLY 15, 1903.

173

By Mr. Snead-

A resolution relative to the revi::;ion of the penal system of Georgia.

Referred to General Judiciary Committee.

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 bills of the House, to wit: By Mr. RankinA bill to incorporate the town of Plainville.

By Mr. Rainey-
. A bill to amend the charter of the town of Parrott.
By Mr. RankinA bill to provide for the election of railroad commis-
sioners by the people.
By l\Ir. BlackburnA bill to authorize street railroad companies to engage
in the business of furnishing steam heat and power.
By Mr. TracyA bill to prohibit the sale of spirituous, vinous and
malt liquors in Webster county, except as provided in this act.

JouRNAL OF THE SENATE.
By Mr. RaineyA bill to amend an Act to incorporate the tow1
:Bronwood.
By Messrs. Morris and McLainA bill to incorporate Elizabeth school district.
By Messrs. Mayson and CandlerA bill to amend the charter of Decatur.
By Mr. UnderwoodA bill to allow voters of Blue Ridge district to vote
-"fence" or '' no fence."
By Mr. CalvinA bill to authorize the mayor an1l council of Angust
lay out and maintain boulevards.
.By Mr. Bell of EmanuelA bill to incorporate Nunez, in Enanuel county.
J3y 1\Iessrs. Mitchell, Rountree and Siugle'aryA bill to amend the charter of the town of l\Ietcalfe
"Thoma<' county.
"By Mr. StanfordA bill to amend section 10 of the town of Chipley.

WEDNESDAY, JULY 15, 1903.

175

By Mr. Mills-

A bill to amend the charter of Ball Ground, in Cherokee county.

The following Senate bills were read second time:

By Mr. Comas (by request)-
A bill to authorize the issue and sale of bonds by the county of Pierce to build and equip schoolhouses.

By l\lr. Comas-
A bill tJ establish a system of public schools in Pierce county.

By Mr. Sweat-
A bill to create a new charter for the town of Nichols, .in Coffee county.

By Mr. Skelton-
A bill to prohibit the manu racture of spirituous liquors .in Hart county.

Mr. Symons,. chairman of the Enrollment Committee, submitted the following report :

Mr. President:
The following Acts have been duly enrolled, signed by the President of the Senate and Speaker of the House of Representatives, and delivered to the Governor, to wit:

An Act to establish dispensaries for Coffee county for the sale of spirituous, vinous and malt liquors, and create a ..board of manager!'! for the same, and for other purposes.

176

JOURYAL OF THE SENATE.

A.n A.ct to create a board of road and bridge commission~ ers for Appling county, define their powers and prescribe their duties, and for other purposes.

Respectfully submitted.
w. F. SY:.r~xs, Chairman.

Mr. Hopkins, chairman of the Committee on ApproprL. ations, submitted the following report:

Mr. President:

The Committee on Appropriations bas had under consideration the folk,wing House resolution, wbieh it instructs me to report back with the recommendation that the same do pass:

A. resolution provi~ing for au appropriation to meet the deficiency in the insurance fund of 1901.

Respectfully submitted.
H. vV. HOPKINS, Chairman.

1\Ir. Davis, chairman Finance Committee, submitted following report:

J.II1. President:
The Committee upon Finance to whom were referred the following bills anrl resolutions, having investigated the the same, respectfully rep,,rt as follows:

A. bill by 1\Ir. Davis (by request) of 17th district, being hili Xo. 145 entitled an A.ct to provide for the deduction
on franchises due counties, cities, towns, etc., with recommendation that same do pass.

WEDXESDAY, JULY 15, 1903.

177

A resolution by .Mr. Davis of 17th district, "to authorize the State Bank Examiner to employ a stenographer, .and for other purposes," with recommendation that same oo pass.

House resolution No. 134:, by Mr. Hall of Bibb, "to require the Joint Committee on Finance heretofore appointed to make complete investigation of the office of .Secretary of State, School Commissioner," etc., with recommendation that same do pass.
W. H. DAVIS, Chairman.

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

llfr. President: The Honse bas passed by the requisite constitutional
majority the following bills of the Honse, to wit:
By Mr. Mayson-
A bill to amend the charter of Decatur.
By l\fr. GriffinA bill to amend an act to incorporate the town of J effer-
sonville.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:

JJ!r. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:
l2s

178

JouR~AL OF THE SE.~ATE.

By }Ir. Skelton of the 31st-
A bill to provide for collection ot the revenue of the state arising under special occupation and license taxes by issuing execution therefor.

The following Senate bill was read third time to be put upon its passage:

By 1\Ir. Dodd-
A bill to establish a uniform system of school-books for the State of Georgia.

Report of the committee was agreed to.
l\Ir. McMichael moved to table the bill, and on this motion the ayes and nays were ordered and the vote is as. follows:

Tho5e voting in the affirmative were }fessrs.-

Crurubl<'y, Ledford, 1\Ic:\Iichael, Perry,

Reid,
~teYens.
Symons,

'l'isinget". Yan Buren, williams.

Those Yoting in the negative were :Messrs.-

Atkinson, Christie, CJ!ark, Clements, Comas, Dodd, Duncan of lOth, Duncan of 36th, Golden. Harrell,

Hudson, Jordan, Lee. Lewis. :\Iathews, :\IcClure, 1\IcLean, :\Ienitt,
~Iiudlebrooks,

:\Ioore, Park, Roberts, Skelton, Smith, Snaad, s"ear. Taylor, -norsham,

WEDNESDAY, JULY 15, UJ03.

179

Those not voting were JHessrs.-

Allen,
Davis,

Hightower, Hopkins,

'l'urner, l\Ir. President.

Ayes 10, nays 28.

The motion was lost.

Mr. Mathews moved to reconsider the action of the Senate in agreeing to the report of the committee for the purpose of offering amendments, which motion prevailed.

Report of the committee was agreed to.

Upon the passage of the hill the ayes were 24, nays 9.

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

Amend section 16 by inserting after the figures "1 898" in third line the words "and all counties whose contracts will have expired by July 1, 1904, and which have not up to this time made new contracts."

Amend section 6 of the printed bill by striking from the fourth line the words "from the first general or worthy class."

A mend section 5 of the printed bill by moving line thirteen and inserting it after the word "thereof" in the tenth line. Also, by striking out of the tenth line the words " nor shall," and by inserting after the word "commission" in said line the words "shall not.''
Amend section -! by striking from the second line after

180

Joum<AL oF THE SENATE.

the word "direct'' down to the word "claR" in the sixth line.

Amend section 2, in the eighth line, by adding after the word 11 hygiene" the words "elementary principles of agriculture and the elements of civil goVernment.''
A mend section 3: strike out "commissioners'' and insert teoommissioners" in third line of section 3.
Senat~ bill No. 125 was recommitted to the Railroad Committee.

The following Senate bill was read third time to be put upon its passage,

By Mr. Mathews-

A bill to provide for levy and sale of property.

Report of the committee was agreed to.

Upon the passage of the bill the ayes \Vere 28, nays 1.

The bill having reeehed the requisite constitutional majority was passed u amended, and the amendments are as follows:
(1) By striking from section 1 all after the word " that " in the fifth line and substituting the following: "Whenever any person or corporation shall own or hold any defi nite equitable interest in property within this State, such as the equity of redemption under a deed or bill of sale given to seonre a debt or the right to the oonveyanoe of title or property from the owner thereof upon the payment of the balanoe of the purchase money, where a portion of the

\VEDXESDAY, JULY 15, 1903.

181

purchase money has been paid, such interest shall be considered legal assets, and shall be subject to levy and sale under any legal process against such person or corporation as other property owned or held by such person or corporation, and by the same officers and by the same method as is now provided by law for the levy and sale of property of the character of that in which such interest is held or owned."
{2) By striking from section 2 the words "of the defendant" in the third line, and by striking all of section 2 after the word "sold" in the fourth line and substituting the following: "As above provided such sale shall divest all said right and interest hitherto belonging to the defendant in such process in and to said property, and shall vest said right and interest absolutely in the purchaser at such sale, subject to the rights of the holder of the legal title to said property, and the holder of said legal title shall have the right, notwithstanding said sale, to pursue any of the remedies now provided by law for the purpose of collecting from the property or the defendant in such process any debt to secure which such legal title is held or any portion of the purchase money remaining due on property to which the legal title is retained.''
An:::.end caption of bill by striking out all of said caption after the word " sale'' and inserting in lieu thereof the words "of equitable interests in property in this State, and for other purposes."

By 1\Ir. Park-
A bill to provide that no person living within ihe territory embodied in any local public school shall be eligible to serve 011 the county board of education.
On motion, this bill was recommitted to the Committee on Education.

182

JOURNAL OF THE SENATE.

By :Mr. Park-

A bill to amend paragraph 2 of section 5269 of the Code.

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.

The following resolution was read and adopted :

By Mr. Comas-

A resolution ordering 100 copies of Senate bill No. 75 printed; also 100 each of the minority reports on same bill; also 100 copies of House bill No. 27.

The following House bill was read third time to be put upon its passage :

By Mr. Hawes-
A bill to appropriate $11,500 to build and equip additional buildings for the Georgia School for the Deaf.

Report of the committee was agreed to.

This being an appropriation the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were }{essrs.-

Allen, Atkinson, Christie, Clark,

Clements, Comas, Crumbley, Dodd,

Duncan of lOth, Duncan of 3Gth, Golden, Harrell,

WED:NMD&Y, JULY 15, 1903.

183

Jordan,
Lee. Ledford, Lewis. Mat11ews, 1\fcCime, McLean, 1\IcllichaeJ. Merritt,

l\Ioore, Park, Perey, Reid, Roberts, Skelton, Smith, Snead.
SteTens,

Sweat, S.rmons, 'Xaylor, Tlsinger, Turner, Van Buren, Williams, Worsham.

'I'ho!:ie not voting werQ Messrs.-
Davis, Hightower,
Ayes 38, nays 0.

Middlebrooks. :Mr. President.

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

The following House bills were read first time:

Br Mr. Bell of Emanuel-
A bill to incorporate the town of Nuuez, in Emanuel county.
Referred to Corporation Committee.

By 1\Ir. Rankin-
A bill to elect the Railroad Commission of Georgia by the people.
Referred to General Judiciary Committee.

Byl\Ir. &ineyA bill to amend the charter of the town of Parrott. Referred to Corporation Committee.

18! By :Mr. Rankin-
A bill to incorporate the town of Plainville, in Gordon county.
Referred to Corporation Committee.
By l\Ir. CalvinA bill to authorize the city council of Augusta to lay out.
and maintain boulevards in Augusta.
Referred to Special J ndiciary Committee.
By Mr. RaineyA bill to amend an Act incorporating the town of Bron-
wood. Refel'l'ed to Corporation Committee.
By l\'IeHr~~. 1\fayson and CandlerA bill to amend the charter of the town of Decatur so as.
to authorize the mayor and council to pave sidewalks. Referred to Corporation Committee.
By 1\fr. Under\voodA bill to allow the voters of Blue Ridge district, in.
White connty, to vote on "fence 11 or "no fence.'' Referred to Agricultural Committee.

\VED~ESn.n., JULY 15, 1!:103.

185

By Mr. Blackburn-

A bill to autLorize the railroad companies to engage in the business of steam heating.

Referred to Special Judiciary Committee.

By Mr. Stanford-
A bill to amend section 10 of the charter of Chipley, and. for other purposes.

Referred to Education Committee.

By :Messrs. Morris and McLain-A bill to incorporate the Elizabeth school district, in.
Cobb county.
Referred to Corporation Committee.
By :Mr. MillsA bill to amend the charter of Ball Ground, in Chero-
kee county. Referred to Corporation Committee.

By ~Iessrs. Mitchell, Rountree and Singletary--
A bill to amend the charter of the town of Metcalf, in. Thomas county.
Referred to Corporation Committee.

186

.TouRKAL oF THF. S.EKATE.

By Mr. Tracy-

A bill to prohibit the sale of spirituous liquors in \Vebster county, except as provided, and for other purposes.
Referred to Temperance Committee.
By Messrs. Mayson and Candler--
A bill to authorize the mayor and council of Decatur to ,issue bond:o tv construct water-works and sewerage.
Referred to Special Judiciary Committee.

By l\Ir. Griffin-

A bill to amend the Act incorporating the town of J effersondlle, in Twiggs county.
Referred to Corporation Committee.

SENATE BILL No. 145.
The und~rsigned begs leave to submit a minority report on the above bill, as follows:
First. The bill is unconstitutional in that it seeks to vary the uniform operation of a general tax law upon property.
Second. The bill does not propose to deduct from the .amount of tax levied upon the franchise of the corporations mentioned any property tax le,ied by a municipality upon such franchise. If it did, there would be some appearan<:e oflegality in the measure, but it proposed to deduct from such franchise tax levied under a general law, in the language of the bill, any sum of money paid or to be paid On account for or in consideration for such franchise. It

THURSDAY, JULY 16, 1903.

187

'WOuld be just as regular to deduct from a general tax levy the rent paid on land.
Third. The annual charges or burdens upon any fran-chise should be and doubtless must and will be considered .in assessing the value of such franchise, and it is at such point that the company can be relieved from any alleged unj ust burdens.
Fourth. The companies asking for legislation not having acquiesced in a just assessment upon these franchises -cannot, with any grace, come before the Assembly to ask for the proposed relief.
H. H. PERRY, l\1. L. LEDFORD,
Members of Committee on Finance.

The following Senate resolution was read second time :

By 1\Ir. Davis-

A resolution to authorize the State bank examiner to employ a stenographer at a salary not to exceed $75.00 per month.

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

RENATE CHA:IIBER, ATLANTA, GEORGIA,
Thursday, July 16,.1903.
The Senate met pursuant to a<ijournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.

188

JOURNAL OF THE SENATE.

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

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Dodd. Dal"is, Duncan of lOth, Duncan. of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Jordan, Lee. Ledford, Lewis,
:ua the\YS,
McClure, ~I cLean, :l\Ierritt,
~Iiddlebrooks,
::\loore, Park, Perry, Reid,

Roberts, Skelton, Smith, Snead, SteYens, Sweat, Symons, Taylor,. Tisinger, Turner, Van Buren, \Yilliams, Worsham. J.\Jr. !'resident,

Those absent were :Messrs.--
1\Ic::\lichael,

The Journal of yesterday was read and approved.

Senator McMichael was granted leave of absence.

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

jl[,.. President:
The Committee on Engrossing has examined the following Senate bills, which it finds correctly engrossed, and ready for transmission to the House, to wit:
A bill to provide for a uniform system of text-books,. and for other purposes.
A bill to provide for the levy and sale of the ec1uity of

THURSDAY, JULY 16, 1903.

1~9

redemption in cases of sales to secure debt, and for other .purposes.

A bill to amend paragraph 2 of section 5269 of the Code -of 1895 relative to the competency of witnesses.

Respectfully submitted. A. B. DUNCAN, Chairman.

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

M?. President :
The House h!ls passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to incorporate the Bronwood school district.

A bill to incorporate the Whitesburg school district.

A bill to amend an Act to incorporate the Upshaw school district.

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

Mr. President:

The Honse has passed by the requisite constitutional majority the followiug bills of the House, to wit:

A bill to pay off and retire bonds of this State as they mature by the levy and collection of a tax for that purpose.

A bill to incorporate the town of BJykin, in the county oOf Miller.

190

JouR~AL oF THE SE~ATE.

A bill to amend an Act to make it unlawful for any p~r son to employ or contract with as tenant or cropper any person under contract with another.

A bill to abolish the days of grace recognized by cmtom in this State.
A bill to incorporate the town of Armena, in Lee county.
A bill to incorporate the Parrott school district, in Terrell county.
A bill to create a board of commissioners of roads and revenues for Randolph county.
A bill to amend the charter of Decatur, in DeKalbcounty, so as to construct a system of sewerage.

A bill to incorporate the Sasser school district.

A bill to amend on Act to amend the charter of the town of Montezuma.

l\Ir. Tisinger, chairman of the Special Judiciary Committee, submitted the following report :

Mr. President:
The Special Judiciary Committee has had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pasa:

A bill to authorize street railways to engage in the business of furnishing steam heat or power.

A bill to amend the charter of the town of Decatur.

THURSDAY, J"C"LY 16, 1903.

1911

A bill to allow the city council to lay out and maintain. boulevard drainage, park and parkways outside the limit& and within fiye miles.

Respectfully submitted. B. L. TISIKGER, Chaitman.

Mr. Symons, chairman of the Committee on Enrollment,. su~m1itted the following report:

Mr. President:
The Committee on Enrollment report 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 providing for the collection of the revenue of the State arising under special occupation and license taxesby issuing execution therefor, and for other purposes.

Respectfully submitted.
W. F. SY:.\IOxs, Chairman.

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

11!1. President:
The Committee on Education has had under- consideration the following House bill, which it instructs me to report back with the recommendation that the same do not pass:

A bill to prescribe the manner of electing col1illty schooL commi~sioners hy the electors of each county.

Respectfully submitted. M. L. LEDFORD, Chairman.

192

JOURSAL OF THE SENATE.

The following House bills were read first time:

By 1\Ir. Duggan-
A hill to create a board of county commissioners for Randolph county.
Referred to Special Judiciary ClJmmittee.

By 1\Ir. Bush-
A bill to incorporate the town of Boykin, in Miller county.

Referred to Corporation Committee.
By Mr. Calvin-
A bill to abolish the days of grace recognized by custom in this State.
Referred to General Judiciary Committee.
By Mr. George-
A bill to amend the Act making it unlawful to contract with a person under contract as a tenant or cropper with another person.
Referred to General Judiciary Committee.

By Mr. Reid-
A bill to pay off and retire the bonds of this State as they become due.
Refened to Finance Committee.

THURSDAY, JULY 16, 1903.

193

By Messrs. Steed aud Hixon-
A bill to incorporate the Whitesburg school district, in ~arroll county.

Referred to Education Committee.

By Mr. Rainey-
A bill to incorporate the Bronwood school district, in Terrell county.

Referred to Education Committee.

By 1\Ir. McBrideA bill to incorporate the town of Armena, in Lee county.

Referred to Corporation Committee.

By Mr. MorrisA bill to amend an Act to incorporate the Upson school
district.
Referred to Education Committee.

By Mr. RaineyA bill to incorporate the Sasser school district, in Terrell
county.
Referred to Education Committee.

By Mr. Rainey-
A bill to incorporate the Parrott school district, in Terrell county.

Referred to Education Committee.
13~

194

JouRNAL OF THE SENATE.

By Mr. Hayes-

A bill to amend section 2 of an Act amending the charter .of the town of Montezuma, in Macon county.

Referred to Corporation Committee.

By ME:"ssrs. Mayson and Candler-
A hill to amend the charter of the town of Decatur so as to authorize the mayor and council to construct a system of water-works.

RE:'ferred to Corporation Committee. The following Senate bill was read first time :

By Mr. Park-

A bill to require broad tire wagons to be used on the public roads of this State.
Referred to Special Judiciary Committee.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:

Mr. President:
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.
Mr. Perry, chairman of the General Judiciary Committee, made the following report:

THURSDAY, JULY 16, 1903.

195

.Mr. President:

The General Judiciary Committee has had under consid-eration the following bill of the Senate, which I am in,structed to report back with the recommendation that it do .not pass:

A bill to prevent betting or selling of pools upon the ll'esult of any trial or contest of skill, speed or power of -endurance of man or beast, in this State, and for other purposes.
H. H. PERRY, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, ,submitted the following report :

Mr. President:

The Committee on Enrollment report as duly enrolled, signed by the President of the Senate and Speaker of the House and delivered to the Governor, the following Act, -to wit:

An Act providing for the collection ot the revenue of ihe State arising under special occupation and license taxes by issuing exP.cution therefor, and for other purposes.

Respectfully submitted. W. F. SYMONS, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Jllr. President: The Committee on Corporations bas had under conFider-

196

JOURNAL OF THE SENATE.

ation the following bills of the Honse, which it instructs me to report back with the recommendation that they do. pass:

A bill amending the charter of Edgewood

A bill amending the charter of Ball Ground.

A bill incorporating the town of Bronwood.

A bill incorporating the Elizabeth school district, m, Cobb counry.

A bill incorporating the town of X unez, in Emanuel' co nnty.
A bill to amend the charter of the town of Metcalf, in Thomas county.
A bill to amend the charter of the town of Decatur.

A hill to incorporate the town of Plainville.
A bill to amend the charter of the t0wn of Parrott, in. Terrell county.

The committee has also had under consideration the following House bill, which it in>:tructs me to report back with the recommendation that the same be recommitted to the Special Judiciary Committee:
A bill to amend the charter of the town of Jeffersonville in Twiggs county.
Respectfully submitted. L. L. "MIDDLEBROOI,;:s, Chairman.

THURSDAY, JuLY 16, 1903.

197

The following message was received from the House t~:hrough Mr. Boifeuillet, the Clerk thereof:

1llr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to incorporate the town of Baconton, in Mitchell county.

A bill to incorporate the town of Barney, ID Brooks -county.

The iollowing Senate bills and resolutions were read third time to be put upou their passage:

By Mr. Davis-
A resolution to authorize the State Bank Examiner to employ a Htenographer at a salary not to exceed $75.00 ,per month.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 30, nays 9.

The resolution having received the requisite constitu-tional majority was passed.

By Mr. Davis-
A bill to provide for the deduction on franchises due counties, cities, towns and villages of amounts paid except .amounts due for ad valorem taxes on account of physical property.
Report of the committee was agreed to.

198

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes and nays ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Clements, Dodd, Davis, Duncan of 10th, Duncan of 36th, Harrell,

Hightower, Hudson, Jordan, Mathews, Middle brooks,
~Ioore,
Park, Reid, Roberts,

Skelton, Smith, Stevens, Sweat, Symons, Van Buren, Williams, Worsham.

Th0se voting in the negative were Messrs.-

Allen, Comas, Crumbley, Golden, Hopkins,

Lee. Ledford, Lewis. McLean, Merritt,

Perry, Snead, Taylor, Tlsinger, Turner,

Those not voting were Messrs.-

McClure,

McMichael,

Mr. President.

Ayes 26, nays 15.

The bill having received the requisite constituti majority was passed.
The following Senate bills were read first time:
By Mr. Taylor-
A bill to amend the Act incorporating the tow Menlo, in Chattooga county.
Referred to Special Judiciary Committee.

THURSDAY, JULY 16, 1903.

199

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

By Mr. Comas (by request)-

A bill to authorize the i~sue and sale of bonds by the county of Pierce.

Report of the committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

By Mr. Comas (by request)-
A bill to establish a system of public schools in Pierce county.

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.

By Mr. Sweat-
A bill to create a new charter for the town of Nichols, in Coffee 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.

'200

JouRNAL oF THE SENATE.

By Mr. Skelton-

A bill to prohibit the manufacture of spirituous liquors jn Hart 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 IIDajority was passed.

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

On motion, House bill No. 39 was made special order for next Tuesday, immediately after the reading of the .Journal.

The following House bills were read first time :

By Mr. Maples-

A. bill to incorporate the town of Baconton, in Mitchell county.

Referred to Corporation Committee.

By Mr. Gaulden-

A bill to incorporate the town of Barney, in Brooks county.

Referred to Corporation Committee.

House bill No. 80 was recommitted to Education Committee.

THURSDAY, JuLY 16, 1903.

201

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

llfr. President:
The Committee on Education has had under consideration the following House bill, which it instructs me to report back with the recommendation that the same do pass as amended:
A bill to incorporate the Leonard school district, m Cobb county.
Respectfully submitted. M. L. LEDFORD, Chairman.
The following House bills were read second time:
By Mr. Overstreet-
A bill to repeal the Act establishing a system of public schoolt< in Sylvania school district.
By Messrs Morris and McLainA bill to authorize the mayor and council of Roswell to
issue bonds.
By Mr. Cann-
A bill to amend section 3 of an Act so as to provide greater compensation for the deputy jailer of Chatham county.
By Mr. KendrickA bill to amend the Act incorporating the town of
;Sharon, in Taliaferro county.

202

JouRNAL OF THE SENATE.

By Messrs. Mayson and Candler-

A bill to amend the charter of the town of Decatur so as. to authorize the mayor and council to pave sidewalks.

By Mr. Rainey-
A bill to amend the act incorporating the town of Bron-wood.

By Messrs. Morris and McLain-
A bill to incorporate the Elizabeth school district, in. Cobb county.

By Mr. MitchellA bill to amend the charter of the town of Cairo.

By Mr. Stanford-

A bill to amend the charter of the town of Hamilton.

By Mr. Brock-

A bill to repeal an Act creating the board of county commissioners of Dade county.

By Messrs. Booth and Lawrence-

.A bill to repeal an Act creating the board of county commissioners of Yvalton county.

By Mr. GriceA bill to amend the charter of the city of Hawkinsville._

THURSDAY, JuLY 16, 1903.

203'.

By Mr. Rankin.:_

A bill to incorporate the town of Plain ville, in Gordon. county.

By Mr. GauldenA bill to amend the charter of the town of Morven.

By Mr. Calvin-
A bill to authorize the city council of Augusta to lay out boulevards in said city.

By Messrs. Morris and McLain-
A bill to incorporate the Leonard school district in Cobb county.

By Mr. MannA bill to amend the charter of Lyons.

By Mr. Blackburn-
A bill to authorize street railroad companies to furnish steam heat.

By Messrs. Mitchell, Rountree and Singletary. A bill to amend the charter of the town of Metcalf.

By Mr. Bell-
A bill to incorporate the town of Nunez, in Emanuel. county.

"204

JOURNAL OF THE SENATE.

By Mr. Flynt-

A bill to amend the charter of the city of Griffin so as to create a board of light and water commissioners.

By Mr. Mills--

A bill to amend the charter of Ball Ground, in Cherokee county.

By Messrs. Mayson and Candler--

A bill to am;nd the Act incorporating Edgewood.

By Mr. Rainey-

A bill to &.mend the charter of the town of Parrott.

By Mr. Stovall-

A bill to grant unto the mayor and council of Savannah land on which to erect public building.

By Mr. Grice-

A bill to am~md the Act creating the board of county commissioners of Pulaski county.
By Messrs. Mayson and Candler-
A bill to amend the charter of the town of Decatur so as to authorize said city to issue bonds to erect water-works :.and sewerage.

By Mr. Davison-

A bill to amend the charter of the city of Greensboro.

THURSDAY, JuLY 16, 1903.

205-

By Mr. Hall-

A resolution to require the Joint Committee on Finance to investigate the offices of Secretary of State, State School. Commissioner and Commissioner of Agriculture.

By Mr. Davis-
A resolution for the appropriation of $9,360 for payment of indigent widows.

By Messrs. Davis and Howell-
A resolution to provide for an appropriation to meet the deficiency in the insurance fund of 1901.

House bill Ko. 59!) was recommitted to the Special Judiciary Committee.

The following House bill was reaJ third time to be put upon its passage:

By Mr. W ehh--
A bill to incorporate the town of East Ellijay, in Gilmer county.
l{eport of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill haYing received the requisite constitutional majority was passed as amended. The amendment is by striking from section 8, line 17, the 'word liquor.
At 1:2:20 the Senate went into executive session.

-206

JouRNAL oF THE SENATE.

Leaves of absence were granted Senators Duncan and :Smith.

The following resolution was ailopted :

By Mr. Comas-

A resolution inviting Hon. John Allen of Mississippi to address the General Assembly.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 17, 1903.
The Senate met pursuant to adjournment at 10 o'clock; -was called to order by the President.
Prayer was offen~d by the Chaplain.
On motion of Mr. Hudson, the roll-call was dispensed with.
The journal of yesterday was read and approved.
Mr. Jordan, chairman of the Committee on Agriculture, made the following report :
Mr. President: The Committee on Agriculture has had under considera-
--tion the following bills of the House, which I am instructed 1to report back with the recommendation that they do pass:

FRIDAY, JuLY 17, 1903.

207

A bill to provide for the teaching of the elementary ~principles of agriculture and civil government in the com'mon schools.

A bill to protect fish in the streams of Bartow county.

A bill to allow the voters of the Blue Ridge district of White county to hold an election to determine whether or not fences shall be restored.
.Respectfully submitted. C. H. JoRDAN, Chairman.

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

Mr. Pres-ident:
The Committee on Engrossing has examined the following bills and resolution which it finds correctly engrossed :and ready for transmission to the House :

A bill to prvvide for the deduction on franchises due cities, etc., of all amounts paid under agrer.ment.

A bill to authorize the issue and sale of bonds for school purposes in Pierce county.

A bill to establish a system of public schools for Pierce county.

A bill to prohibit the manufacture of distilled spirits in Hart county.

A resolution to authorize the State Bank Examiner to employ a stenographer.

Respectfully submitted.

E. H. McMICHAEL. .W. F. GoLDEN, Chairman.

20S

JouRNAL oF THE SENATE.

The following me~sage was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:

Jh. President:
His Excellency, the Governor, has approved and signed the following bills, to wit:

An Act to establish dispensaries lor Coffee county for the sale of spirituous liquors.

An Act to provide for the collection of the revenue of the State arising under special occupation and license taxes by issuing execution therefor, and for other purposes.

The following House bills were read second time:

By Messrs. Hardman and Shackelford-

A bill to provide for the teaching of elementary principles of agriculture and civil government in public schools.

By Mr. Underwood--
A bill to allow the voters of Blue Ridge district to hold. election to determine whether or not fences shall be restored.

By Mr. Conner-
A bill to protect fish in the streams and other watercourses in Bartow county.

By l\h. BushA bill to incorporate the town of Boykin, tn Miller
county.
Recommitted to Committee on Corporations.

FRIDAY, JULY 17, 1903.

209

:By Mr. Reid-
A bill to pay off and retire bonds of this State as they mature.

Recommitted to Committee on Finance.

By Mr. Rainey-
A bill to incorporate the Bronwood school district, in Terrell county.

Recommitted to Committee on Education.

By Mr. Rainey-
A bill to incorporate the Parrott school district, in Terrell county.

Recommitted to Committee on Education.

By Mr. Morris-A bill to incorporate the Mount Zion school district.

Recommitted to Committee on Education.

By Mr. Morris-
A bill to amend an Act to incorporate the Upshaw school district.

Recommitted to Committee on Education.

By Mr. Rainey-
A bill to incorporate the Sasser school district, in Ter.rell county.
Recommitted to Committee on Education.
14s

210

J OURNA.L OF THE SENA.TE.

By Mr. Maples-
A bill to incorporate the town of Baconton, in Mitchel! county.

Recommitted to Committee on Corporations.

By Mr. StanfordA bill to amend section 10 of the charter of Chipley.

Recommitted to Committee on Education.

By Mr. Fields-
A bill to amend an Act concerning the election laws of the city of Cordele.

By Messrs. Steed and Hixon-
A bill to incorporate the Whitesburg school district, in the county of Carroll, and for other purposes.
Recommitted to Committee on Education.

The following House bill was tabled:

By Mr. Felder--

A bill to regulate the filing of second claims under the claim laws of this State.

At lO:..JJ:i o'clock the Senate went into executive session.

lHr. Perry, chairman of the General Judiciary Committee, made the following report:

FRIDAY, JULY 17, 1903..

211

Jlr. President:
The Committee on General Judiciary has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass:
A bill to allow defendants in actions brought by the State for recovery of certain realty to plead twenty years7 possession.

Respectfully submitted.

H. H. PERRY, Chairman.

Mr. Mathews, chairman of the Committee on Railroads,. submitted the following report:
Jfr. President:
The Committee on Railroads has had under consideration the following Senate bill, which it instructs me to report back with the recommendation that the same do pass as amended:

A bill to allow railroads to change general direction and route for the purpose of reducing grades and curvatures.

Respectfully submitted. H. A. l\IATHEWS, Chairman.

The following bills of the Senate were read second time :

By :\Ir. TaylorA bill to incorporate the town of :\Ienlo, in the county
of Chattooga, and for other purposes.
Recommitted to Committee on Special Judiciary.

'212

JOURNAL OF THE SENATE.

By Mr. Mathews-

A bill to provide for the registry of transfers of bonds for title.

Recommitted to the General Judiciary Committee.

By Mr. Lewis-
A bill to secure to the several counties of this State the public school fund to which they are now or may hereafter be entitled under the law.

Recommitted to Cvmmittee on Finance.

By Mr. Smith-

A bill authorizing street railway companies to take up and remove any part of their tracks.

Recommitted to Committee on Railroads.

The following was read :

To the Hons. President of the Senate and Speake? of the House qf the General Assembly of Georgia:

I b~g to notify you that the Georgia Weekly Press As-

sociation, in convention at Cedartown July 14, 1903,

adopted the resolution below by a practically unanimous

vote.

w. A. SHACKELFORD,

Secretary Georgia Weekly Press Association.

Resolved, That this association indorse the bills now pending in the Legislature to appropriate $50,000 toward a State exhibit at the St. Louis Exposition, and to appropriate a sum to defray expenses of obtaining copy of book

FRIDAY, JuLY 17, 1903.

213

in England from which it is desired to obtain data for the
Colonial History of Georgia now being prepared by Gov-
ernor Candler. \V. S. CoLEMA X, President.
w. A. SHACKELFORD, Secretary.

The following joint resolution was read and agreed to ::

By Messrs. Uomas and Dodd-

A resolution that a. committee of three from the Senate and five from the How;e be appointed a committee to act with the State School Commissioner to consider present school laws.

The following bills of the Senate were read first time:

By Mr. McMichael-

A bill to amend section -!793 of the Code of 1895 relating to the sale of lands and tenements by commissioners where same are sold under proceed in gil for partition.

Referred to Special Judiciary Committee.

By Mr. McLean-
A bill to require the State Chemist to analyze any part of the human body in cases of poisoning.

Referred to Committee on Agriculture.

By Mr. Perry-
A bill to provide for the appointment of probation officers and to define their duties, and for other purposes.

Referred to General Judiciary Committee:

"214

JOURNAL OF THE SENATE.

By Mr. Merritt-

A bill to provide for the care of certain convicts, and for other purposes.

Referred to Penitentiary Committee.

At the request of committees Mr. Golden was added to -<Jommittee ou Fiuauce, and Mr. Sweat to Committee on Education.

The following Seuate bill was read third time aud put upon its passage:

By Mr. Hopkins-
A bill to permit and authorize defendants in actions now pending or that may hereafter be brought by the State for the recovery of certain lots to plead as defeuse thereto p1lssession of said lands for twenty years, aud for other purposes.
Report of 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.

Notice was given that a motion would he made to reconsider this bill.
Senate bill No. 12.5, to ameud section 2171 ofVol. 2 of the Code of 1895 was read third time and recommitted to the Committee on kailroads, and was made special order after first special order on Tuesday.

FRIDAY, JULY 1i, 1903.

215

On motion, House re~:~olution No. 134 was taken from the table and was tabled again.

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

By Messrs. Mayson and Candler-
A bill to amend an Act approved December 9, 1898, incorporating the town of Edgewood, in the county of DeKalb, by repealing section 2 of said Act and enacting in lieu thereof the following as the corporate limits, etc., of said town.
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. Thurman-
A bill to amend an Act in reference to the road laws of the State, and for other purposes.
Report of committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. BlackburnA bill to authorize street railroad companies to engage

216

JouRNAL oF THE SENATE.

in the business of furnishing steam beat and power, and; for other purposes.

Report of committee was agreed to.

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional ma-jority was passed.

By Mr. CalvinA bill to authorize the city council of Augusta to lay out.
and maintain boulevards, etc.
Report of committee was agreed to.
Upon the passage of the bill the ayes were 29, nays 1.
The bill having received the requisite constitutional majority was passed.
The following House resolution was read third time to be put upon its passage :

By Mr. Davie-
A resolution to appropriate $9,360 for payment of indigent widows.
Report of committee was agreed to.
Upon the passage of the. resolution the ayes and nayswere ordered, and the vote was as follows :

MONDAY, JULY 20, 1903.

21'T

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, tJlark, Crumbley, Dodd, Davis, Duncan of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Lee, Ledford, Lewis. :\Iathews, :\leCture, :\IcLean, Me :Michael, 1\Ierritt, :\Ioore, Perry, Reid,

Skelton, SnQ&d,
Sten~ns.
Sweat, Symons, 'l'aylor, 'l'isinger, 'l'urner, Van Buren, Williams, Worsham,

Those not voting were :Messrs.-

Clements, Comas, Duncan of lOth,

Jordan, :\Iiddlebrooks, Park,

Ayes 35, nays 0.

Roberts, Smith, Mr. President.

The resolution having received the requisite constitutional majority was passed.

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

SE.NATE CHAMBER, ATLA:NTA, GEORGIA,
Monday, July 20, 1903.
The Senate'met pursuant t~ 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 Friday was read and approved.

Cl

218

JOURNAL OF THE SENATE.

The following message was received from his Excellency, the Governor, through his Secretary, .Mr. Blackburn, to wit:
Mr. P1esident:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which here . spectfully invites the consideration of your honorable body in executive session.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:
111r. President:
The Committee on Corporations has had under conEideration the following House bills, which it instructs me to report back with the recommendation that they do pass:

A bill to incorporate the town of Armena, and for other purposes.

A bill to incorporate the town of Baconton, in Mitchell county, and for other purposes.

A bill to amend section 2 of an Act approved October 24, 1887, to amend the charter of the town of Montezuma.

A bill to incorporate the town of Barney, in Brooks county.

A bill to amend the charter of tLe town of Decatur, in DeKalb county, and for other purposes.
L. L. MIDDLEBROOKS, Chairman.

Mr. Davis, chairman Finance Committee, submitted f-ollowing report:

TuESDAY, JcLY 21, 1903.

219

..Mr. President:
The Committee on Finance 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 secure to the several counties of this State the public school fund to which they are now or may hereafter be entitled under the law.
WM. H. DAVIS, Chairman.

At ll:10 the Senate went into executive session.

The following resolution was read and adopted.

By Mr. Comas-

A resolution that as a mark of respect to the late Justice Lumpkin of the Supreme Court, the Senate will stand adjourned until to-morrow morning at 10 o'clock.

SEXATE CHA)IBER, ATLAXTA, GEORGIA, Tuesday, July 21,1903.
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. The following resolution was read and adopted :

220

JOURNAL OF THE SENATE.

By Mr. Comas-
A resolution extending the sympathy of the Senate to Senator Merritt on account of the death of his sister.

Senator Merritt was granted leave of absence on account of the death of his sister.

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

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

A bill to incorporate the Kensington school district, in walker county.

The com:nittee has also had under consideration the following Honse bill, which it instructs me to report back with the recommendation that the same do pass as amended :

A bill to amend section 10 of the charter of Chipley, in Harris county, so as to allow the mayor and aldermen to levy a tax for school purposes.

Respectfully submitted. M. L. LEDFORD, Chairman.

The following special order was taken up:

By Messrs. Steed and Hixon-
A bill to provide for the election of county school commissioners by the people.

TUESDAY, JULY 21, 1903.

221

Mr Hopkins offered the following amendment :

Provided, That this Act shall not become operative in any county in this State until the same shall have been recommended by the grand jury of said county convening !ast before the expiration of the term of county commisEioners then in office.

Upon this amendment the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Dodd, Davis, Duncan of 10th. -Golden, Harrell,

Hopkins, Lee, Lewis. McClure, Middlebrooks,

Roberts, Skelton, Taylor, Worsham.

Those Yoting in the negati;e were :Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Duncan of 36th, Hudson,

Jordan, Ledford, Mathews, McLean, l\IcMichael, Moore, Perry, Reid,

Smith, Snead, Stevens, Sweat, Symons,Tisinger, Van Buren, Williams,

Those not voting were :Messrs.-

.Christie, Eightower,

l\Ierritt, Park,

Turner, ~Ir. President,

Ayes 14, nays 24.

The amendment was lost.

222

JOUR~AL OF THE SENATE.

Upon the pasbage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Dotld, Davis, Duncan of lOtb, Golden,

Harrell, Hopkins, Jordan. :\Iiddlebrooks,

Roberts, Turner, ""orsham,

Those Yoting in tlw negative were Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Duncan of 36th, Hudson, Lee,

Ledford, Lewis, :\Ia thews, :\fcCiure, :\IcLean, :\Ic:\Iichael, :\Ioore, Perry, Skelton,

Smith,
Snead,
Stevens, Swr.at, Symons, Taylor, Tisinger, Van Buren, 'Villiams,

Those not Yoting were :Messrs.-

Christie, Hightower,

:\Ierritt, Park,

Reid, l\1 ,.. President,

Ayes 11, nays 27.

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

::\Ir. Lee, chairman of the Penitentiary Committee, submitted the following report:
J/r. President: The Penitentiary Committee has had under considera-
tion the following Seuate bill, which it instructs me to report back with the recommendation that the E'ame dopass, as amended :

TUESDAY, JGLY 21, 1903.

223-

A bill to provide for the care of certain convicts in this State, and for other purposes.

Respectfully submitted.

GoRDON LEE, Chairman.

l\Ir. Mathews, chairman of the Committee on Railroads, submitted the following report :

Jfr. President:

The Committee on Railroads has had under consideration the following Senate bill which it instructs me to report back with the recommendation that the same do pass as amended:

A bill to amend section 2171 of Vol. 2 of the Code of 1895 providing for the change of general direction and route of railroads, and for other purposes.

Respectfully submitted. H. A. MATHEWS, Chairman.

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

Jh. President:
The Committee on Engrossing has examined the following bills, which it finds correctly engrossed and ready for transmissio11 to the Honse.
A bill to create a new charter for the town of Nichols, and for other purposes.
A bill to authorize defendant" in actions now pending or

'224

JouRNAL oF THE SENATE.

that may hereafter be brought by the State for the recovery of certain land to plead as defense thereto possession of -said land for 20 years, and for other purposes.

Respectfully submitted. A. B. DuNCAX, Chairman.

Senator Tisinger withdrew his notice of a motion to reConsider the action of the Senate in passing the bill by Senator Hopkins, on Friday.

The following special order was also taken up.

.By Mr. Van Buren-

A bill to authorize railroad companies to change routes .in their roads so as to straighten curves and reduce grades.

Report of the committee as amended was agreed to.

Upon the passage of the bill the ayes were 31, nays 0; the bill having received the requisite constitutional majority was passed as amended.

Amend by adding at the end of line 14 of sec. 1 the

following: provided that in relocating or reconstructing

any portion of the line of railroad for the purpose of reduc-

ing the grades and curvature, no railroad company shall

have the power to leave off the line of its railroad any in-

corporated city or town without the consent of the author-

ities of said city or town, ot to leave off' the line of said

railroad any village at which there is or shall be a station

after the said station has been established, without the con-

sent of the authorities of the county in which the same is

located. Amend section 1 by adding the same words at

.the end of said section.



TuESDAY, JcL't- 21, 190:3.

~25

: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 as chairman to report back with thf! recommendation that the same do pasa:

By ~fr. Taylor of the 42d district-
A !Jill to be entitled an act to incorporate the town uf ~ien lo in the county of Cbattooga, etc.

Re~pt>ctfully submitted.
B. L. Trsi.:\GER, Chairman.

~Ir. Duncan, 36th, chairman of the Temperance Com.mittee; submitted the following report:

01/r. Prr>sident: The Temperance Committee has haclun(ler entJ.~idPratin
the t.dlowing Honse bill which it in,;trud.~ mP to rPport with the recmmeudation that the same d" !'a~~ :
A bill to prohibit the manufacture of alcohnli<~ or other .kinds of spitituou~ liquor.-; in Up~on C>unty.

Re:-;peetfnlly ;;;ubmitted.

J. T. DcxcAX, CiJ,,irnHln.

The following 8enate bill was reacl ,.;ect~tHl ti Ill<':

BY ~h. LPe-

A !Jill to in~t~rp.. rate the Kensingt>~l sd1 .I 1

111

\\'alker county.

lf>s

226

JouR~AL oF THE SE~ATE.

BY ~fr. Merritt--

A bill to provide for the care oE certain eonviet:-; 111 tbis State.

The following Senate bills were rea<l third time to be put upon their pa;.;sage:

By :\Ir. Lewi.-;--
A bill to ,;eenre to the ;-:e,eral c.Jnnt'ie;-; of thi,.; Stalt the pnblie ,;chool fund to which they are now entitled.

Report of the committee was agreed to.

Cpon the pa,.:sage of the bill the aye,; wete :2;), nay"\).

The bill h:l\ing received the re<[Iti-ite c nhtitnti .. ,ta!
majority \ras passe<l.

By :\Ir. Taylur-
A hill to ineorporate the town of :\Ienlu, Ill C'hatto .. ga conn tv.

EqlOrt of the committl'l' wa-; agrectl t<J.

Cp<111 the pa~"agt of the hill the aye,; \Vl'l'e :lO. n:t\"" P.

The hill ha,ing reeci,c:l the l'N[tli:-;ite constit'l~i<ln::l ma.it>rity wa;; pas"cd.

Senator Highto\\er \ras granted lea\c of ah;;en<t.

Tt:ESD.\. Y, J CLY :21, 190:3.

:227

se~.;wu on next Friday at noon to listen to au address by Hon. John Allen of ::\Iississippi.

The following me,.;~age was recei,ed from the House through ~Ir. BoifPuillet, the Clerk thereof:
Jfr. l'r!'sidcnt: The Hou:-ie ha,.; p~L.;:;ed by the requisite con,.titutional
mnjority the fo]]q,,iug bills of the Hou:Je, to wit:

A bill to amend an Act to fix the time of holding the superior,; court of the Oconee circuit.
A hill to amend an ~\.ct to create the city court of Syhania.
A bill to an1e1Hl an .~ct to create the city court of \\"a,cro"s .
.A bill to amend an Act to create the city court of ::\foultrie.

A hill to pnni(le for the operation of an Act to crlate tl1e city court of Hamilton.

_\. l>ill to prohibit the trapping, etc., of fish iu the stre:tttb of Hall countY.

A bill to incorporate the AmitY school district.

c\ hill to change the time of lwlding the S!Iperior court of Liherty county.

-\. hill to incorporate tl1e tU\\"n of Beluit, in Lee cuunty.

A hill to amen.! an .\.d to ereatc the cit\" eonrt of Hami It" II.

'228

JOUR::s"AL OF THE SENATE.

A bill to change the time of holJing the superior court of Chattahoochee county.

A bill to amend an Act to create a board of commisoioners for Douglas county.

A bill to repeal an Act to create a county court in each county of this State, so far as the same relates to the ~ounty of Bulloch.

A bill to amend an Act to repeal all laws to incorporate the town of Buford.

A resolution to appropriate the sum of $180 pension money to Mrs. Mary E. Flynt.

A bill to incorporate the OliYe Springs school district.

A bill to amend an Act to create a board of commissioners of roads and revenues for the county of .Hall.

A bill to amend an Act to establish a system of public schools in the town of"'adley.
A bill to amend section 982, Vo\.1 of the Code of 1895 so as to make the town of Lavonia a State depository.

A bill to provide for the election of the judge and solicitor of the city court of LaGrange by the people.

A bill to incorporate the town of Spread.

The Honse has also paosed by the requisite constitutional majority the followiug bills of the Senate, to wit:
A bill to amend an Act to create the city court of Bainbridge.

TuESDAY, JuLY 21, 1903.

229

A bill to authorize the ~1arietta Sewerage Company to occupy the streets of :Marietta.

The following message was received from the House through l\Ir. Boifeuillet, the Clerk thereof:

1lh. President:
The House has passed by the reqUISite constitutional major.ity the following bills of the House, to wit:

By Messrs. Millet ami Deal of Bulloch.
To provide for the establishment of a dispensary m the city of Statesboro.

By :Messrs. Deal and :Miller. To create the city court of Statesboro.

The following House bills were read first time.

By l\Ir. WhitleyA bill to amend the Act creating a board of county com-
missioners for Douglas county.
Referred to Special Judiciary Committee.
By l\il-. StanfordA bill to provide for the operation of an Act establishing
the city court of Hamilton. Referred to Special Judiciary Committee.

230

JouRKAL oF THE SE~ATE.

By ::\Ir. .XewtonA bill to amend the Act establishing the city court of
1\Ioultrie.
Heferred to Special Jndieiary Committee.

By 1\Ir. SpenseA hill to amend the Act creating the city court of
'Yaycross.
Referred to Special .T utli<'iat~- (',lmmittee.

By ::\Ir. Phillip,___ A bill to estahli,;h a systrm of public schools in the town
of 'Ya<11PY.
He.erred to the Edn<'ational Committee.

By l\Tr. Griffin-A bill to arnetHl the Act fixing the time for holding
the superior comt of OeonPe county.
Referred to Special .Tntliei:uy Committee.

By 1\Ir. FussellA hill to ehange the tillle of holding the superior court
in Ch:.1ttahoochee count\.
Heterred to Special J udieiary Committee.

By l\lr. 0YerstreetA bill to amend the Act e~tablishing the city court of
Syhania in Sereyen county.
Referred to Special Judiciary Committee.

Tt:Ef'DAY, JcLY 21, 1903.

231

By :\I r. :\IcBritle-
A bill to incorporate the town of Beloit in Lee county.

Heferred to Corpomtion Committee.

By :\Ir. Pate-
A bill to amend the Acts incorporating the town of Bufonl in Gwinnett county.

Heferred to Corporation Committee.

By :\Ir. Stanford--
A lill to amend the Act establi,.;bing the city court 111 Hamilton.

Hefer~ed to Special Judiciary Committee.

By Mr. Morris--
A bill to incorporate Oli\'e Springs school district, in Cobb county.

H.eferred to Erlucation Committee.

By :\I r. Dozier--
A bill to provide for election of judge and solicitor of the city court of LaGrange by the people.

Heferred to Special J ucliciary Commit tee.

By Mr. Thompson-A bill to prohibit the trapping, gigging and hooking of
fish in the streams of Hall county.
Referred to General Judiciary Committee.

232

JOURX~-\.L OF THE SEXATE.

By Mr. Boykin-
A bill to incorporate the Amity school district in Lin-coln cr)Unty.

Referred to Education Committee.

By Mr. Phillips-
A bill to incorporate the town of Spreacl in Jeffecson county.

Referred to Corporation Committee.

By Mr. Deal-
A bill to repeal an Act creating the county court of Bulloch county.

Referred to Special Judiciary Comniittee.

By Mr. Thompson--
A bill to amend the Act creating the board of county commissioners in Hall county.

Referred to Special Judiciary Committee.

By Mr. Hendry-A bill to chatge the time of holding the superior court
of Liberty county.
Referred to Special Judiciary Committee.

By Mr. BurtonA bill to amend section 982 of the Code so as to add
Lavonia to the list of State depositories.
Referred to Banks Committee.

TuEsD.\Y, JcLY :21, 1903.

233-

By Mr. Beauchamp-
A resolution to appropriate the sum of $180 pension money to Mrs..Mary E. Flint.

Referred to Finance Committee.

The following Senate bills were read first time.

By Mr. Comas-
A bill to insure efficiency of county school commission~ ers of this State.

Referred to Education Committee.

By Mr Comas--

A bill to amend se0tiou 98:2 of the G>de by adding the- town of Jesup to the list of State depositories.

Referred to Banks Committee.

By Mr. Hopkins-
b.. bill to prohibit the hunting with dogs or .guns orfishing on the private iands in Thomas county witho11t written consent of the owner-.

Refened to Agricultural Committee.

The following House Hlb were read second time:

By Mes;;r'S. :Mayson and Candler-

A bill to amend the charter of the town of Decatur, in DeKalb county.

234

JouRXAL oF THE SEXATE.

By :1\Ir. ~IcBride-

A bill to incorporate the town of Armenia in Lee county. By l\lr. Gaulden-

A bill to incorporate the town of Barney, in Brooks county.

By l\Ir. Hayes-

A bill to amend section 2 of an Act to amend the charter 'Of the town tlf Montezuma in l\Iacon county.

The following House bill was taken up to be read tbitd 'time:
n,. l\Ir~srs. Hardman and Shackelford-

A bill to provide for the teaching of the elementary prineiples of agriculture and civil go,ernmeut in tbe publie sehook
}fr. Perry moved tbat the bill be tabled and no quorum voted. Then the President ordered that the ayes and nays be called, aud the vote was a:; follows:

Those voting in the affirmative "ere il[cssrs.-

Allen, Comas, Crumbley, Dodd, Davis, Golden, llarrell, Jordan, Lee,

Ledford, Lewis, l\Ia thews, 1\IcC!ure, :\IcLean,
:\Ic~Iichael,
1\liddlel.Jrooks, :\Ioore,

Perry, Heid, Hol.Jerts, Skelton, Snead, Stevens, Sweat, 8rrnons,

TuESDAY, JcLY 21, 190:3.

Th0se Yoting iu the negative were J\Iessrs.-

Hudson, r.risinger,

Yan Buren,

'Yorsham,

Tho:se not ;oting were Messrs.-

Atkinson, Christie, Clark, Clewents, Duncan of lOth,

Duncan of 3Gth, Hightower, Hopkins, l\lerritt, Park,

Smith, Taylor, Turner, "'illiams, l\1r. President.

Ayes :25, nays -!.

The bill was tabled.

Leave of ah~c1we was gmnted to the committee to Yisit the School for the Blind for to-moniJw.

The follo\\'ing House resolution \Yas taken from the table to be put upon its passage:

By :i\Ir. Hall-

A resolution to require the .Toint Committee on Finance to in\'estigate the office,.; of Secretary of Stat", State ~chool Commit'siuncr, Commi.-si,Jner of Agriculture and Pension Commissioner, in addition to other duties.

l\Ir. ::\lathews offered a substitute, and on the adoption of the substitute the ayes and nays were ordered, and the vote was as follu\\'s:

Those votiug in the affirmati,e were ~Iessrs.-

Clark, Clements, Cnunbley,

Doud, Duncan of lOth, Harrell,

Lee, :\Iathews, :McLean,

JOURSAL OF THE SENATE.

Reid, Roberts, Skelton,

Snead, Steve-ns, Symons,

Taylor, Van Buren,

Those Yoting in the negative were :Messrs.-

Comas, Davis, Duncan of 36th, Golden, Jordan. Ledford,

Lewis, ::\icClure, l\Ic:\Iicbael, l\liddlebrooks, :\loore,

Perry, Smith,
~w<>at,
\Villiams, worsbam,

Those not voting were :Messrs.-

Allen, Atkinson, Christie, Hightower,

Hopkins, Hudson, :Merritt, Park.

'l'isinger, Turner, l\1r. President,

Ayes 17, nays 16.

The substitute was adopted.

On the passage c.f the resolution by substitute the and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Clark, Clement3, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell,

Hudson, Jordan, Lee, :\fa thews, l\IcLean, l\ld1icbael, :\loore, Perry, Reid,

Robet'ts, Smith, Snead, Steve-ns, Sweat, Symons, Van Buren, Williams, "'orsham.

Those Yoting in the negative were ::\Iessrs.-

Allen,

Comas,

Ledford.

Lewis. McClure,

TUESDAY, JGLY 21, 1903.

Middlebrooks,

Skelton,

Tl10se not votiug were }.fessrs.-

Atkinson, C!Jristie, Hightower, Hopkins,

l\Ierritt, Park, Taylor,

Tisinger, Turner, :\1 r. President,

Ayes 28, nays 7.

The resolution was passed by substitute.

The following Senate bills were read fitst time:

By l\fr. Lee-
A bill to establish a new charter for the town of Fayette.
Referred to Corporation Committee.

By Mr. PerryA bill to provide a new charter for Fhwery Branch Referred to Special Judiciary Committee. The following Senate bill was read second time:

By Mr. Howell-
A bill to amenrl the charter of the city of Atlanta.
The following Hou-<e bills and re"llutims IYere .thinl ti:ue to be put upllu their passage:

By :\le,;;;rs. Dayi,.; and Howell-
.-\ re,;olution to appropriate motJe\' t<~ meet the de tic in the in:oura11ce fund.
Report of the Committee was agreed t .
Thi,.; lll'ing an appropriati;,n the aYe.~ and na,,;
ordertd ant1 the \'~>te \l'a:; a.~ J,,j[.,\\.~:

Co was, Crurullley, Doud, Davis, Duncan of Stith, Golden. Harrell, Hmlson. Ledford, Lewis,

::\lcClure, :\I cLean, :,ridtllebrooks, )foOte. Perry, I!cid. Hollerts, :Skelton, ~llli th,

Snl'ad,
~l\"l'llS.
S\veat, Symons, 'J':tylor,
Tisiu.~er,
\'an Buren, 'Yilliams,
'" orsham;

}';,u~e not Yuting: .,,ere )fessrs.-

.\lien, Atkinson, Christie, Clark. CIPments. Dun(an of lOth,

Hightower, Hopkins, .Tortlan, Lee, :\Ia thews,

Aye:; :2:-\, nays 0.

::\fc::\Iichael, )[P!Titt, I'ark, Terner, :\lt. l'r0sident.

ThP re~olution haYin~ recein'tl the l'l''[lli"ite enn tinnal majority \\as pa~~ed.

Jh \lr. \IannA bill to amentl tlH' f'harter of J,,on,;.

l(eport of the committl'l' wa.~ :tgned t".

WEIJXESD.-\. Y, .JULY :22, 190:3. rpon the pa~sage of the bill the ayes were 27, nays 0. The bill lnning recehed the reqni~ite constitutional majoti ty was pa:;sed. The following Senate bill was reacl first time: Ry ::\Ir. :\IdiichaelA bill to amend section 2780 of the Code. Referred to Special .Judiciaty Committee. At 12:30 o'clock the Senate went into executive ses-
SIOil.
On motion, the Senate adJourned until to-morrow morning at 10 o'clock.
SEXATE CILDfBEI1, ATI.\XTA, GEOR(HA,
W ednes<lny, .July 22, HJ0:3. The Sellate m~t pur.~uant to adjournment at 10 o'clock; was calle<l to <H'<ler by the President. Prayf't' was offered by the Chaplain. On motion, the roll-eall was di:<pen;o;ed with. Th<' journal of ye,.;terllay was read and appt'll\ed . .\[r. S_l'tllolt", Ci1:1irm:tn ot the E11Nlllllent Ctllllllliti<'<', submitted the lulluwine!,' report:

:240

JoURNAL OF THE SENATE.

..ll1. ]>;esident:
The Committee on Enrollment have examined and fonud Jll'<>pt-rly enrolled and ready for the signatures of the offi.cers ot the House aud Senate the following Acts, to wit:

An Act to authorize the l\Ial'ietta Sewerage Company to <Jccupy the streets of the city of :Marietta.

Also, an Act to provide for the election of the judge and ,solicitor of the city cotut of Bainbridge by the qualified -voters.

Respectfully submitted.
" F. SY)IOXS, Chairman.

Mr. Tisinger, chairman of the Special Judiciary Com-mittee, submitted the following report:

Jlr. Pre.sident:
The Special Judiciary Committee has had under consid.-eration the following bills of the House, which I .am instructed to report back with the recommendation that they .do pass:

A hi 11 to amend the Act establishing the city court in Hamilton approved December 8, l902.

A hill providing for the operation of an Act establi~hing the city court in Hamilton.

A bill to change tbe time of holding the superior court in Chattahoochee county.

A bill to amend the Act establishing the city court of :Sylvania.

WED~ESDAY, JULY 22, 1903.

241

A bill to change the time of holding the superior court in Liberty county.

A bill to amend the Act creating a board of county commissioners for the county of Douglas.

A bill to amend the Act creating the city court of Waycross.

A bill to amend the Act fixing the time for holding the superior courts of the Oconee circuit.

A bill amending the Act establishing the city court of Moultrie, in Colquitt county.

A bill to amencl the Act creating a board of commissioners of roads and revenues in Hall county.

A bill to repeal an .Act to create a county court in each county in the State, except certain counties therein named, approved January 29, 1872, in so far as the same applies to the county of Bulloch.

A Lill to provide for the election of the judge and solicitor of the city court of LaGrange by the people.

Respectfully submitted. B. L. TrsiXGER, Chairman.

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

ByMr. Lee-

A bill to incorporate the Kensington school district, in \Valker county.
]63

242

JouRNAL oF THE SENATE.

Report of the committee was agreed to as amended.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

The amendments are as follows:
Amend section 4 by striking out all of the same after the enacting clause and insert in lien thereof the following: "That the board of trustees as named in section 3 shall <5erve as 8nt::h trustees until the first day of September, 1907, and until their successors are elected and installed. In case there shou!d occur a casual vacancy occasioned by the death of a member or other cause before the first election herein provided for, said vacancy shall be filled by an appointment made by a majority of the remaining members -of the board; said new member to serve out the unexpired term of the member whose place he has been elected to fill. The first election of members of the board shall be held on the first Saturday in August, 1907, and quadrennially thereafter, at which election all citizt>ns residing in said district qualified to vote for members of the General Assembly shall be qualified to vote at said election. Five <!itizens of said district shall be elected, who shall bold their office as trustees for a term of four years, beginning 011 the first day of September, 1907, and the board so elected shall hold office for four years, and until theit successors are elected a11d qualified; subsequent elections to be held ou the first Saturday of August each fourth year from date of the first electioa.

The following House bills were read first time:

WEDNESDAY, JVLY 22, 1903.

243

1By Messrs. Miller and Deal-

A bill to provide for the establishment of a dispensary <in Statesboro.

Referred to Temperance Committee.

.By Messrs. Deal and Miller-

A bill to create the city court of Statesboro.

Referred to Special Judiciary Committee.

The following House bills were read second time :

.By Mr. Whitley-

A bill to amend the Act creating the board of county .commissioners of Douglas county.

By Mr. Overstreet-
A bill to amend the Act establishing the city court of :Sylvania.

By Mr. Spence-
A bill to amend the Act creating the city court of Way.cross.

By Mr. Griffin-
A bill to amend the Act fixing the time for holding the :SUperior courts of Oconee circuit.

.By Mr. Deal-
A bill to repeal the Act creating the county court of Bulloch county.

244

JOURNAL OF THE SE:XATE.

By Mr. Newton-

A bill to amend the Act establishing the city court ot Moultrie.

By Mr. Thompson-

A bill to amend the Act creating the board of county commissioners of Hall county.

By Mt. Stanford-

A bill to amend the Act establishing the city court of Hamilton.

By Mr. Fussell-

A bill to change the time for holding the superior court of Chattahoochee county.

By Mr. Hendry-

A bill to change the time for holding the superior court in Liberty county.

By Mr. Stanford-

A bill to provide for the operation of an Act establishing the city court of Hamilton.

By Mr. Dozier-

A bill to provide for the election of judge and solicitor of tbe city court of LaGrange by the people.

By unanimous consent House bills Nos. 420 aud 53;3. were recommitted.

WEDNESDAY, JULY 22, l90:3.

2-!5

By unanimous consent the Finance Committee was requested to return House resolution No. 109 to the Senate and said resolution be recommitted to the Pension Com.rnittee.

Mr. Davis, vice-chairman of the General Judiciary Com'mittee, made the following report:

Jfr. President:
The General Judiciary Committee has bad under consideration the following bill of the Senate, which J am instructed to report back with the recommendation that it -do pass as amended :

A bill to provide that all property which is without a Ia wful owner shall belong to the State, and to proYide the method of escheating the same, etc.

Also, that the following bill of the Senate do not pass:

.A bill to provide how marriage license shall be issued.

The committee also recommends that the author of Sen<~te bill No. 92 be allowed to withdraw same.

Respectfully submitted. w~l. H. D"\ VIS, Vice-Chairman.

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

By Mr. Fie!dsA bill to amend the Act concerning the election laws of
1the city of Cordele.
Report of the committee was agreed to.

246

JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 23, nays Or

The bill having received the requisite constitution:tl majority was passed.

By Mr. Wamble-
A bill to prohibit the manufacture of alcoholic spirits ill' Upson county.

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 l\Ir. StanfordA bill to amend section 10 of the charter of Chipley.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays Or
The bill having received the requisite constitutional majority was passed as amended, and the ai:Uendments are as follows:

By striking out all of section 11 of the bill after the word " that" in the second line and substituting "all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed."

By Messrs. Mayson and CandlerA bill to amend the charter of the town of Decatur so
as to authorize the mayor and .council to pave sidewalksr
Report of the committee was agreed to.

WEDXESDAY, JULY 22, 1903.

247

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Cann-
A bill to amend section 3 of an Act providing compensation for the deputy jailer of Chatham county.
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. McBrideA bill to incorporate the town of Armenia, m Lee
county.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Morris and l\IcLainA bill to authorize the town of Roswell to Issue bonds. Report ot the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.

248

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By Messrs. Mitchell, Rountree and Singletary-
A bill to amend the charter of the town of Metcalf, in Thomas county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Mayson.and Candler-
A bill to amend the charter of the town of Decatur so as to authorize the mayor and council to issue bonds.

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. Maples-
A bill to incorporate the town of Baconton, in Mitchell .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.

WEDNESDAY, JULY 22, 1903.

2!9

By Mr. Overstreet-

A bill to repeal an Act establishing a system of public schools for Sylvania.

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 constituti<mal majority was passed.

By Mr. BellA bill to incorporate the town of Nunez, in Emanuel
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 maority was pa&sed.

By Mr. MitchellA bill to amend the charter of the town of Cairo. 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.

250

JOURNAL OF THE SENATE.

By Messrs. Mayson and Candler--

A bill to amend the charter of the town of Decatur, in. DeKalb county.

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. Rankin-
A bill to incorporate the town of Plainville, in Gordon county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitntiooal majority was passed.

By Mr. Brock--
A bill to repeal an Act creating the board of county commissioners for Dade county.

Report of the committee was agreed to.
TJpon the passage of the bill the ayes were 24, nays 0.
The bill having received the requisite constitutional majority was passed.

WEDXESDAY, JULY 22, 1903.

251:

By Mr. Mills-
A bill to amend the charter of Ball Ground, in Chero-kee county.

Report of the committee was agreed to.

Upon the passage oftbe bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was pasbed,

By Mr. StanfordA bill to amend the charter of the town of Hamilton.

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 cunstitutional majority was passed.

By Mr. FlyntA bill to amend the charter of the city of Griffin. 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 constitntional majority was passed.
By :Messrs. Booth and LawrenceA bill to repeal an Act creating the board of commis-
sioners of roads and revenues of \Valton county.
Report of the committee was agreed to.

252

JouRNAL OF THE SENATE.

Upon the passage of the bill the ayes were 25, nays 0.

The bill ha,iug received the requisite constitutional majority was passed as amended, by stl'iking out in section 1, lines 4 and 5, these words that occur after the word "the" in line 4, ''passage of this Act," and inserting "the first day of January, 190-!."

By Mr. Grice-
A bill to amend the Act creating the board of county .commissioners of Pulaski county.

Report of the committee was agreed to.

Upon the passage cf the bill the ayes were 26, nays 0.

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

.By Mr. GriceA ~ill to amend the charter of the city of Hawkinsville.

Report of the committee was agreed to.

Upon the passage ofthe bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Stovall-
A bill to grant unto the mayor and aldermen of Savan.nah certain land to erect public buildings.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

WEDNESDAY, JuLY 22, 1903.

253

The bill having received the requio;ite constitutional majority was passed.

By Mr. Hayes-

A bill to amend section 2 of an Act amending the charter of Montezuma.
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. ConnerA bill to protect the fish in the streams of Bartow 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. Kendrick--

A bill to. amend the Act incorporating the town of Sharon, in Taliaferro county.

Report of the committee was agreed if'.
Upon the pa~sage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.

254

JOURNAL OF THE SENATE.

_By Mr. Gaulden-
A \:-ill to incorporate the town of Barney, in Brooks .county.

Report of the committee was agreed to.

Upon the passage of the Lill the ayes were 25, naysO.
The bill having received the requisite constitutional m~ jority was paEsed.

_,By Mr. Rainey-A bill to amend the charter of the town of Parrott.

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. Gaulden:A bill to amend the charter of the town of Morven.

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. DavisonA bill to amend the charter of the city of Greensboro, in
Greene county.
_Report of the committee was agreed to.

WEDXESDAY, JULY 22, 1903.

255

Upon the passage of the bill the ayes were 25, nays 0.

The hill having received the requisite constitutional majority was passed.

By Mr. Underwood-

A bill to allow the voters of Blue Ridge district to hold an election to determine whether or not fences shall be restored or not.

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.

The following Senate bills were read second time :

By Mr. Smith-

A bill to provide that all pr0perty without a lawful <>wner shall belong to the State.

By Mr. Comas-
A bill to amend section 982 of the Code by adding Jesup to the list of State depositories.

This bill was recommitted to Committee on Banks.

By Mr. Comas-
A bill to insure the efficiency of county school commissiOners.

This bill was recommitted to Committee ou Education.

256

JOURNAL OF THE SESATE.

The following Senate resolution was read first time

By ~fr. 'Villiams (by request)-

A resolution for the relief of J. K. l\JcAfee, J. R Grice and W. H. Raley, sureties on the bond of Charles Harris.

Referred to General Judiciary Committee.

Leave of absence was granted Senator Christie indefinitely.

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

SESATE CHA~lBER, ATLAXTA, GEORGIA,
Thursday, July 23, 1903.

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

Upon the call of the roll the following members an Ewe red to their 11ame::

Allen, Atkinson, Clark, Clemt>nts,
Con1ns,
Dodd, DaYis, Duncan of lOth, Duncan of 3Gth,

Golden, Harrell, Hightower, Hopkins, Hudson, Jordan,
Let~.
Lt>dford, Lewis,

:\Ia thews,
:ucClure, ~I cLean, 2\Ic:\Iicllael,
:.r erritt,
::\[iddlebrooks,
~Ioore,
Park, Pe.rry,

Reid, Roberts, Skelton,
~mitb,
Snead,

THURSDAY, JULY 23, 1903.

257

Stevens, t,:weat,
~ymons, 'I'~tylor,
'l'isinger,

Turner, Van Buren, Williams, \forsbam, Mr. President.

Those absent were Messrs.-
Crumbley,
The journal of yesterday was read and approved.

Mr. President:
The undersigned committee, appointed to prepare a memorial of our late associate, the Honorable G. S. Roundtree, of 16th district, beg leave to submit the subjoined pre,amble and resolutions, and to ask the adoption of the same.
H. A. MATHEWS, 23rd District, R J. \VrLLLHIS, 16th District, J. G. :MooRE, lst District,
Committee.

Sin~e the first session of the General Assembly, HonOIable G. S. Roundtree, Senator from the 16th district, departed this life.
He was a good man and true, in all the relations of life. His private character was without reproach. His public services to his county and his State were long-continued, faithful and most valuable.
He was born in Emanuel county July 19th, 1831, and died in the county of his birth in March of the present year. During the seventy-three years of his active and useful life, he exercised his abilities not ou iy in the wise conduct of his owu affairs, but, with a broad public spitit he contributed to help in the direction of the affairs Df his community and his State, with an eye single to the public weal.
17.s

258

JOURNAL OF THE SENATE.

In 18~2 he became a member of the superior court of" his county, and held this important post for twelve years,. so discharging its duties as to win the commendation and thanks of his fellow citizens.
For fifteen years he was chairman of the Executive Committee of the Democratic party of his county. For a number of years he was chairman of the Board of County Commissioners of Emanuel county.
In 1884 he was elected State Senator and honorably represented the sixteenth district in the Georgia Senate.
In 1902 he was again honored Ly his people by an election to the Senate, and upon the organization of this body he took his seat amongst us.
He was stricken with the fatal disease that terminated his life, while serving here during the last session of the Legislature.
This brief epitome of his life serves to disclose that a most valuable life has been lost to the State in the death ofour late associate. Be it therefore,
Resolved by the Senate of Georgia. 1. That in the death of Honorable G. S. Roundtree the State of Georgia has suffered a loss of one of its most intelligent, upright and useful citizens, and the Senate has been deprived of the help of one of its ablest and most experienced members.
2. That the Senate extends to the county of his birth and life-long residence, and to the district he so faithfully served in this body, its profoundest sympathy and condolence, at this the peculiar loss to the county and district.
3. That these resolutions be spread upon the journal of the Senate, and an engrossed copy furnished to the family of the deceased.

The resolutions were unanimously adopted.

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

THURSDAY, JULY 23, 1903.

259

1111'. President:
The House has concurred in Senate resolution No. 50, which is a resolution providing for a joint session on July 24th, 1903, to hear the addresii of Hon. Jno. M. Allen, on the Louisiana Purchase Exposition.

Mr. Duncan, chairman of the Committee on Pen!!ions,. submitted the following report.

J.fr. President:
The Committee on Pensions have had under consideration resolution 109 to appropriate the sum of $180.00 pension money to Mrs Mary E. Flint, which they instruct me to report back with recommendation that the same dopass:
Respectfully submitted. T. G. HUDSON, Chairman.
Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:

llfr. P1esident:
The Committee on Engrossing has examined the follow-' ing bills, which it finds correctly engrossed and ready for transmission to the House :
A bill to amend section 2171 of Vol. 2 of the Code providing for the change of general direction and route of railroads.
A bill to incorporate the Kensington school district, m \Valker county.

260

JOURNAL OF THE SENATE.

A bill to secure to the several counties of this State the public school fund to which they are entitled.

A bill to incorporate the town of Menlo, in Chattooga county.

Respectfully submitted. A. B. DuNCAN, lOth District, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:
JJfr. President:

The Committee on Corporations has had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pass :

A bill amending the charter of Buford, and establishing a new charter for same.

A bill to incorporate the town of .Boyldn, in Miller county.

A bill to incorporate the town of Beloit, in Lee county.

Respectfully submitted. L. L. 1\IroDLEBROOKS, Chairman.

l\Ir. l\Iiddlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:

The Committee on Corporations has had under considration the following House bill, which it in~tructs me to

THURSDAY, JULY 23, 1903.

261

report back with the recommendation that it be recommitted to the Committee on Education.

A bill to incorporate the Elizabeth school district, in Cobb county.

Respectfully submitted. L. L. MIDDLEBROOKs, Chairman.
Mr. Jordan, chairman of the Committee on Agriculture~ submitted the following report:

.Mr. President:

The Committee on Agriculture has had under consideration the following Senate bill, which I am instructed to report back with the recommendation that it do pass:

A bill to prohibit hunting in Thomas county without the written .consent of landowner.

The committee has also had under consideration the following bill, which it instructs me to report back with the recommendation that the same do pass by substitute :

A bill to provide for the registration, sale, inspection and analysis of commercial fertilizer materials in bulk.

Respectfully submitted. C. H. JoRDAN, Chairman.

Mr. Davis, vice-chairman of the General Judiciary Committee, made the following report:

Mr. President: The General Judiciary Committee has had under consid-

'262

JOURNAL OF THE SENATE.

eration the following bills of the House, which I am instructed to report back with the recommendation that they oo pass:

A bill to provide for the election of railroad commissioners of this State by the election of the whole State.

A bill to provide for the situs of debts due to nonresidents for purposes of attachment, and for other purposes.

A bill to amend section 151 of Vol. 3 of the Code of 1895 in regard to robbery.

Also, that the following bill of the Senate do pass as amended:

A bill to provide for the registry of transfers of bonds for title, etc.

Respectfully submitted. WM. H. DAVIS, Vice-Chairman.

Senate bill No. 75 was made special order for next Tues<lay immediately after the reading of the journal.

House bill No. 533 was recommitted to the Committee {)n Education.
The following House bills were read second time: By Mr. Pate-
A bill to amend the charter of the town of Buford.

By Mr. McBrideA bill to incorporate the town of Beloit, in Lee county.

THURSDAY, JULY 23, 1903.

263

By Mr. Slaton-

A bill providing for the situs of debts due to nonresidents.

By Mr. Rankin-

A bill to provide for the election of the railroad com.mission by the people.

This bill was made special order for next Wednesday, immediately atter reading the journal.

.By Mr. Underwood-

A bill to amend section 151 of the Code relative to robbery.

By Mr. Beauchamp--

A resolution to appropriate $180 pension money to Mrs. Mary E. Flint.

House bill No. 27 was made special order to follow the special order on next Tuesday.

Mr. Comas, chairman of the committee on Banks, made the following report:

lJr. President:
The Committee on Banks has had under consideration the following Senate bill which it instructs me to report back with the recommendation that it do pass :

A bill to amend section 982 of Vol. 1 of the Code of 1895.

264

JouRNAL 6F THE SENATE.

Also, that the following bill of the House do pass:

A bill to amend section 982 of Vol. 1 of the Code of 1895 so as to make the town of Lavonia a State depository.

Respectfully submitted. P. H. CO)IAS, Vice-Chairman.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit :

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

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the President of the Senate and Speaker of the House and delivered to the Governor the following Actsr to wit:

An Act to authorize the Marietta Sewerage Company to occupy the streets of the city of Marietta.

An Act to provide for the election of the judge and solicitor of the city court of Bainbridge by the qualified voters of Decatur county.

Respectfully submitted. \V. F. SYliiONS, Chairman_

The following Senate bills were read second time :

THURSDAY, JuLY 23, 1903.

265-

By Mr. Hopkins-

A bill to prohibit the hunting with dogs or fishing on the lands of Thomas county without written consent of th~ owner.

The following :Howse bills were read third time to b~ put upon their passage:

By Mr. Stanford-
A bill to amend the Act establishing the city court of Hamilton.

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. Dozier-
A bill to provide for the election of judge and solicitor of the city court of LaGrange by the people.

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. FussellA bill to change the time for holding the superior court.
of Chattahoochee county.
Report of the committee was agreed to.

266

JOURNA.J. OF THE SENATE.

Upon the passage of the bill tbe ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

By 1\fr. StanfordA bill to provide for the operation of an Act establish-
ing the city court of Hamilton. Report of the committee was agreed to. Upon the passage of the bill the ayeo were 23, nays 0. The bill having received the requisite constitutional
majority was passed.
By 1\fr. Griffin-
A bill to amend the Act fixing the time for holding the superior courts of the Oconee circuit.
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 1\fr. Hendry-
A bill to change the time of holding the superior court of Liberty county.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.

THURSDAY, JULY 23, 1903.

267

The bill having received the requisite constitutional majority was passed.

By Mr. Overstreet-
A bill to amend the Act establishing the city court of Sylvania.

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. SpenceA bill to amend the Act creating the city court of Way-
eross. Report of the committee was agreed to.
Upon the passage of the bill the ayes were 26, nays 0.

The Hll having received the requisite constitutional majority was passed.
By Mr. Deal-
A bill to repeal an Act creating the county court of Bullock county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

268

JOURNAL OF THE SENATE.

The bill having received the requisite constitutiona I majority was passed.

By l\Ir. Thompson-

A bill to amend the Act creating the board of roads and revenues for Hall county.

Report of the committee was agreed te>.

Upon the passage of the bill the ayes were 2:~, nays 0.

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

By Mr. Newton-
A bill to amend the Act establishing the city court of Moultrie, in Colquitt 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. Whitley-
A bill to amend an Act creating a board of county comn:.issioners of Douglas 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.

THCRSDAY, JuLY 23, 1903.

269

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

By Mr. Jordan-

A bi II to provide for the registration and sale of fertilizers in bulk in this State.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were ;n, nays 0.

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

By Mr. Comas-
A bill to amend section 982 of the Code by adding the town of Jesup to the list of State depositories.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 36, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Merritt-
A bill to provide for the care of ct>rlain c0nvicts in this State.

Report of the committee was agreed to.

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

The bi 11 having recei \ed the reg uisite constitutional majority was passed as amended:

270

JOURNAL OF THE SENATE.

By striking the words "whether in the bands of a lessee or otherwise,'' in lines 4 and 5 of section 1.

By Mr. Smith-
A bill to provide that all property without a lawfnl owner shall belong to the 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 as amended :
Amend section 5 by inserting in line 2 between the words " and" and "defined " the words " be made patty defendant''; alao amend section 5 by adding after the words or set up their claim Ly appropriate pleading to said property or any interest therein; also amend section 5 by adding after the word "exist," in the 5th line the words "or when no person can come into existence whu would have a beneficial interest in the property by virtue of the provisions of an express trust"; also amend section 5 by striking out of line 11 the words "parties defendant" and insert "parties to said proceedings other than the suit." Amend section 7 Ly adding at the end thereof the words "in case any of the parties to the proceeding should litigate with the State as to the ownership of the property and should be cast in the suit, then the court shall a$sess the costs of the suit against said partieo;; ratably according to the interest claimed by said parties on the property, which is the subject-matter of the proceedings." Amend section 5 by adding after the word '' Act,'1 in line 9, the following: "Unless said possession shall have been open, notorious, adverse and on the name and right of the party in possession for the length of time provided in the prescription and limitation laws of this State."

THURSDAY, JuLY 23, 1903.

271

By Mr. Mathews-
A bill to provide for the registration of transfers of bonds for title.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 31, nays 1.

The bill having received the requisite constitutional majority was pas~ed as amended:
By striking all the words beginning with the word "obtain,'' in the lOth line, and ending with the word "title," in the 15th line, and inserting "without actual notice of the transfer acquired by contract on interest in or lien upon the laud from the person transferring the bond." Amend section 2 by striking out all the words beginning with the word " holders,'' in the 5th line, and ending with the word "law," in the eighth line, and inserting in lieu thereof the words ''persons who may by contract with the person making the trausfer or by legal proceedings against him obtain any interest in or lien upon the land included in said bond." Amend section 2 by changing the word "subsequent," in the 8th line, to ''subsequently." Amend section 3 by inserting in line 11 between the words " transfer" and ''as " the words "when recorded." Amend by striking section 4 and inserting the repealing clause.

STATE OF GEORGIA, EXECUTIVE DEPARTMENT,
Atlanta, July 23, 1903.
To the Members of the General Assembly: The Georgia Bar Association, at its annual session in
1902, adopted a resolution appointing a committee of five from that body to inYestigate the Torrens System, and

272

JOURNAL OF THE SENATE.

similar systems, for the registration of land titles, and to report the result of their work to the next meeting of the association. In pursuance of that resolution a committee was appointed and at the last session, held in July, 1903, the committee reported their findings and recommendations to the Bar Association. After a contiideration of this report the Georgia Bar Association adopted a resolution appointing a committee to appear before me and submit the matter of their report, together with such other matters as they might see proper, and to urge upon me the sending of a special message to the General As'3embly of Georgia, asking thP. General As:>embly to appoint a special commission to consist of such number as they might see fit, including some members of the Bar Association, charged with the duty of inquiring into the Torrens Sytitem of registration of land titles, and to report whether such a system is advisable for Georgia, and whether it is practicable.
'In view of the fact that the suggestions just b1ade emanate from the Georgia Bar Association, an association composed of many of the most learned and patriotic citizens of Georgia, and since the matter suggested deals with securing perfect titles to the lauds and homes of the people of the State, I conceive it my duty to call your atteution to the report of the committee herewith submitted, and to recommend that you act in accordance with the sugge:;tions therein made.
The importance of this matter is emphasized by the fact that a number of the States of the Uniou have alrea<ly adopted the Torrens Sy:;tem and many others have the matter under seriou.; advisement either iu the sbai)e of propn!'ed legislative euactment or before committees charged with the duty of investigating and reporting thereon.
J. l\L TERRELL, Governor.

THURSDJ..Y, JULY 23, 1903.

273

JULY 17, 1903.
To His B-ccellency, Govanor Jos. M. Terrell:
DEAR Sm:-At the meeting of the Georgia Bar Association held in 1902, a resolution was adopted appointing a committee of five from that body to investigate the Torrens System, and similar systems, for the registration of land titles, and to report the result of their wotk to the next meeting of the association.
In conformity with this resolution a committee was appointed, ann at the meeting of the Georgia Bar Association, just finished this month, the report of this committee was presented.
Upon consideration of this report the Georgia Bar Association adopted a resolution appointing the undersigned a committee to appear before your Excellency and submit the matter of this report, together with such other matters as they might see fit, and lll'ge upon your Excellency the sending of a special message to the General Assembly of Georgia, now in session, asking that body to appoint a special commission to consist of such number as your Excellency might suggest, including some members of the Bar Association, who should be authorized to inquire into the Torrens System of registration of land titles and to report to that body whether such a system is advisa0le for Georgia, and whether it is practicable.
Looking to this end, we take the liberty of submitting for your consideration the report referred to, together with other publications, including extracts from the inaugural address of Governor William E. Russell, of Massachusetts, upon this subject, the statutes of Massachusetts adopting such report, and also some extracts from the reports of the regi8trar of Cook collllty, Illinois.
Your Excellency will observe that the Torrens System now obtains in five States in the Union, to wit: Illinois,
183

274

JOURNAL OF THE SENATE.

Massach.usetts, California, 1\finne<>ota and Oregon. It also obtains in Great Britain and the greater portions or Canada and the other British pos:;essions of Korth America and in South Australia.
The system is now being considered in twenty-seven other States of the Union, and in nearly every one where it is being considered the Governor has either called the attention of the Legislature to this matter and requested the appointment of a commission, or the appointment of a commission has been urged by the Bar Association of the various States, and the Legislatures in the various States have adopted such suggestions, so that your Excellency will observe that the matter is now regarded throughout the Union as one ot great importance and is receiving the careful attention of the people.
The main benefits to be derived from the adoption of this system are as follows :
First. The title is regi!ltered instead of the evidence of title. This title is registered after it has been examined and passed upon by a court of competent jurisdiction under a regular system of pleadings and practice conformable to that which obtains in each particular jurisdiction. In all the acts which have been submitted and which have been discussed, ample provision is made for notice to all persons who may have any intere~t in the land, inclndiug minors and others not sui juris, and also fi>r notice to nonresidents who may be interested. In this way the court is enabled to obtain jurisdiction and render a judgment which will be binding against the world.
It has been observed that in a vast number of registrations which have been made, very little loss has occurred to people who have not been notified, and tlJis loss is provided for by the creation of au indemnity fund. In Massachusetts, where six hundred and sixty-two registrations have been made there has not 'yet been any recourse to the

THURSDAY, JuLY 23, 1903.

275

indemnity fund, and in Queensland, in Australia, where the system has been in operation for more than thirty-eight years, there has been only one loss out of a registration of over a million and a quarter of titles.
The important benefits accruing out of the adoption of such a system will be :
First. The saving of expense for the registration of titles, as only one registration will be required, and the subseq1ent transfers for that registration would not exceed for each transfer $2.00.
Second. In the generality of cases the transfer, including the examination of title, after the initial registration could be completed within an hour.
Third. The title is rested or quieted at every transfer. Fourth. There is not any chain of deeds to be examined. Filth. The records are shorter. Sixth. This safe, short and inexpensive method of transfer increases the value of lanJ and makes it a quick asset. The principles of the Torrens System are in brief: 1. A public examination of title by a court of competent jurisdiction, with notice to all persons concerned. 2. A registration of the title founded upon such examination. 3. The issuance of a certificate of title. 4. The re-registration of the title upon every subsequent transfer. 5. Notice on the certificate of any matter affecting a registered title, claims not registered having no validity. Without quoting at length from Governor Russell's address, to which we have referred, we submit the same to _you and ask your careful consideration of it, as his statement sets forth in a very clear and compendious manner :the reasoHs why such a system should be adopted.

276

JouRNAL OF THE SENATE.

\Ve, therefore, invite your Excellency's consideratio11> of these matters, and respectfully ask that you may see fit to call the attention of the General Assembly to this matter at as early a date as may be consistent with your views,. asking the appointment of a commission as we have beforesuggested.
We have the honor to remain, Your obedient servants, 'VASHINGTO~ DEssA u, Chairman. J. L. SWEAT, HowARD VAN EPPs, Committee.

On motion, when the Senate adjourns to-day. it will reconvene to-morrow morning at 11 o'clock, and when it adjourns to-morrow it will meet Monday morning at 11 o'clock.
The following Senate bills were read first time :

By Mr. McMichaelA bill to abolish the fee system of solicitor-generals of
the superior courts.
Referred to Special Judiciary Committee.
By Mr. McMichaelA bill to modify and prescribe duties of the clerk of the
superior courts.
Referred to Special Judiciary Committee.

'J'HURSDAY, JULY 23, 1903.

277

By Mr. McMichael-
A bill to modify and prescribe the duties of the judges Of the superior court.
Referred to Special Judiciary Committee.
By unanimous consent Senate hill No. 31 was withdrawn by its author.

By unanimous consent the following Senate bill was read second time and recommitted to the Special Judiciary Committee:

By Mr. McMichael-

A bill to amend section 4793 of the Code. The following Senate bill was withdrawn by its author:

By Mr. Park-

A bill to amend paragraph 1 of section 5269 of the Code.
The following House bill was read third time to be put upon its passage :

By Mr. Bush-
A bill to incorporate the town of Boykin, in Miller county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

278

JouRNAL oF THE SENATE.

The bill having received the requisite constitutional majority was passed.

The following House bill was read second time :

By Mr. Burton-

A bill to amend section 982 of the Code by adding the town of Lavonia to the list of State depositories.

The following Senate bills were read second time with. adverse report from committee. The report was agreed toand bills were lost :

By Mr. Mathews-

A bill to prescribe the venue of action that may here-after be brought by railroad for violations of its rules.

By Mr. Skelton-

A bill to provide how marriage licenses shall be issued..

By Mr. Duncan-

A bill t-o fix the age of consent in this State.

Leaves of absence were granted Senators Reid and Crum-bly.

On motion, the Senate adjourited until to-morrow morn-ing at 11 o'clock.

FRIDAY, JULY 24, 1903.

279

SENATE CHA~IBER, ATLANTA, GEORGIA,
Friday, July 24, 1903.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President.
Prayer was offered by Senator Atkinson.
On motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:
Mr. President: I am directed by his Excellency, the Governor, to de-
liver 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. Boileuillet, the Clerk thereof:
Mr. President:
The House has adopted the following resolution and invites the concurrence of the Senate to the same :
A resolution to appoint a commission on registration of land titles, and for other purposes.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:

280

JOURNAL OF THE SENATK

Ur. President:
The Special Judiciary Committee has had under consideration the following House bill, which it instructs me to report with the recommendation that the same do pass as amended:

A bill to create the city court of Statesboro.

Respectfully submitted. B. L. TISINGER, Chairman.

Mr. Worsham, chairman pro tern. of the Committee on Engrossing, submitted the following report:
1t:fr. President: The Committee on Engrossing has examined the fol-
lowing bills, which are found to be correctly engrossed and ready for transmisston to the Honse :

A bill to provide that property without a lawful owner shall belong to the State.

A bill to provide for the registration, sale, inspection and analysis of commercial fertilizers in bulk.

A bill to provide for the registry of transfers of bonds for title.

A bill to provide for the care of certain convicts m this State.

A bill to add Jesup to the list of cities or towns having State depositories.

Respectfully submitted. \V. A. WORSHAM, Chairman pro tern.

FRIDAY, JULY 24, 1903.

281

Mr. Symons, chairman pro tern. of the Cqmmittee on Corporations, submitted the following report:

~Mr. President:
The Committee on Corporation 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 the charter of the city of Atlanta.
Respectfully snbmitted.
w. F. SY:Moxs, Chairman pro tern.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn:
Mr. Pre~ident:
His Exce11ency, the GoYernor, has approved and signed the fo11owing Acts, to wit:
An Act to create a board of road and bridge commissioners for Appling county.

.An Act to authorize the Marietta Sewerage Company to occupy the streets of Marietta ; to purchase, lease and con-demn rights of way and other easements.
An Act to amend an Act establishing the city court of Bainbridge so as to provide that the judge and solicitor of said court shall be elected by the legally qualified voters of Decatur county.
The following House resolution was read first time:

282

JOURNAL OF THE SENATE.

By .Mr. Felder-

A resolution appointing a comm1ss1on to be known asthe Commission on the Registration of Land Titles.
Referred to General Judiciary Committee.

The following Senate bills were read third time to beput upon their passage :

By Mr. HowellA bill to amend the charter of the city of Atlanta relative-
to the police commission.
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 maority was passed.

.By .Mr. HopkinsA bill to prohibit bunting or fishiug on the lands of
Thomas county without permission of the owner.
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 maority was passed.
The following House bill was read second time :

FRIDAY, JULY 24, 1903.

283::

By :Meers. Dsl and Miller-

A bill to crate the city court of Statesboro.

The following House bills and resolutions were rsd third time to be pat upon their passage :

.By Mr. Bsachamp--
A resolution to appropriate '180 as pension to Mrs. Mary E. Flint.

Report of the committee was agreed to.
This being an appropriation the ayes and nays were: called and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Clements, Comas, Dodd, Davis, Duncan, of 36th, Hopkins, Hudson.

Lee. Lewis. :\Iathews. McClure, l\Iel'.Ii(!hael, Merritt, :l!oore, Perry, Roberts,

Skelton. Smitll. Snead. Symons, Tisinpr, Van Buren, Wtlllama. W'orsllam,

Tl10se not voting were }ressrs.-

Allen,
Christie. Crumbley, Duncan of lOth, Golden, Han-ell,

Hightower, Jordan, Ledford, l\IeLean, lliddlebl"'oks. Park,

Reid, Stevens, Sweat, 'Iaylor, Turner, Mr. President,

Ayes 26, nays 0.

284

JOURNAL OF THE SENATE.

The resolution having receiv~d the requisite constitutional majority was passed.

By lVIr. Burton-

A bill to amend section 982 of the Code so a,; to add the town of Lavonia to the list of State depositories.

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 ma-

jority was passed.

.

By Mr. Pate-

A bill to amend the Acts incorporating the town of Buford, in Gwinnett county.

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 constituti<Jnal majority was passed.

Mr. Matthews, chairman of the Committee on Railroads, submitted the following report:

311. President:

The Committee on Railroads has had under consideration the following Senate bill, which it instructs me to ;report Lack with the recommeudation that the same do pass :

, A bill to allow street railroads to take up and remove

FRIDAY, .JuLY 24, 1903.

285

their tracks with the consent of mayor and aldermen or county commissioners.

Respectfully submitted. H. A. MATHEWs, Chairman.

By Mr. McBrideA bill to incorporate the town of Beloit in Lee county.

Report of committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0; the bill having received the requisite constitutional majority wts passed.

By Mr. Slaton-
A bill to provide for the situs of debts due non-residence in this State for purposes of attachment.

On motion, this bill was tabled.

By Mr. UnderwoodA bill to amend section 151 of volume 3 of the Code.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0; the bill having received the requisite constitutional majority was passed.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report :

286

JoURNAL OF THE SENATE.

. :Mr. President:

The Special Judiciary Committee bas bad under consideration the. following bill of the Senate, which I am instructed to report with the recommendation that it do pass:

By :Mr McMichael of 24th District-

A bill to be entitled an Act to amend section 4793 of the Code of 1895, relating to the bale of lands and tenements by commissioners, etc.

Respectfully submitted. B. L. Trsi:XGER, Chairman.

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

By l\lr. Smith-

A bill to authorize street railroad companies to take up and remove same with consent of the authorities over same.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0; the bill having recehed tb~ requisite constitutional majority was passed.

By l\fr. McMichael-

A bill to amend section 4793 of the Code relative to ~the sale of lands.

Report of committee was agreed to.

MoNDAY, JuLY 27, 1903.

287

Upon the passage of the bill the ayes were 23, nays 0 the bill having received the requisite constitutional majority was passed.

Privileges of the floor were extended to Hon. T. W. Loyless during his stay in the city.

Leaves of absence were granted Senators Park, Clatk and Taylor.

At 11:40 the Senate went into executive session.

The hour of 12 o'clock having arrived for the joint session ofthe House and Senate to listen to the address of Hon. Jno. Allen ofMississippi, the Senate repaired to the hall of the House of Repre~entatins aml was called to order by the President. At the conclu,;ion of the address the Senators returned to the Senate chamber and adjourned until Monday morning at 11 o'clock.

SENATE CHA)IHER, ATLANTA, GEORGIA,
Monday, July 27, 1903. The Senate met pur~uant to adjournment at 11 o'clock was called to order by the President pro tern.
Prayer was offered by Senator Atkinson. U pnn motion the roll-call was dispensed with. 'The Journal of Friday was read and approved.

288

JouRNAL oF THE SEKATE.

Mr. \Vorsham, chairman pro tem. of the Committee on Engrossing, submitted the following report:

},1r. President:
The Committee on Engrossing hasexamined the following bills, and resolutions which are found to be correctly engrossed and ready for tran'3mission to the House:

A bill to amend the charter of the city of Atlanta.

A bill to authorize street railway companies to take up and remove their tracks.

A bill to amend section 4793 of the Code of 1895.

A bill to prohibit hunting or fishing on private lands in Thomas county without written consent of the owner.

A resolution to appoint a committee of three from the Senate and five from the House to act with the State School Commissioner in considering the present school laws and report upon the matter:

Respectfully submitted. \V. A. \VoRSHAM, Chairman pro tern.

The following House bill was read second ti:ue by unanimous consent and recommitted to the Temperance Committee.

By l\Ir. Tracy-

A bill to prohibit the sale of spirituous liquurs in Webster county except as provided in this Act.

The following Senate bills was read first time :

MoNDAY, JuLY 27, 1903.

289

By Mr. Hopkins-

A bill to amend an Act incorporating the town of Meigs in Thomas county.

Referred to the Corporation Committee.

By Mr. Hopkins-

A bill to provide for the appointment of a game warden and deputy warden of Thomas county.

Referred to the Agricultural Committee.

By Mr. Perry-

A bill to amend an Act establishing a new charter for the city of Gainesville.

Referred to the General Judiciary Committee.

By Mr. Perry-

A bill to quiet the title of lands in this State held adversely for period of twenty years.
Referred to the General Judiciary Committetl.

The following House bill was read third time to be put upon its passage:

By Messrs. Deal and Miller-

A bill to create the city court of Statesboro, in Bulloch county.

Report of the committee was agreed to.
I9s

290

JOURNAL OF THE SENATE,

Upon the passage of the bill the ayes were 27 ; nays 0 ;
the bill having received the requisite constitutional majority was passed as amended.

Amend section 2 by striking therefrom the following : "provided, nevertheless, that Jno. F. Brennen be, and he is, hereby appointed judge ofsaid court to serve until - - day of 1906,'' and inserting in lieu thereof the following: "pro. vided that the first appointment of judge of said court shall be to continue until the 12th day of December, 1906.'' Also amend section 4 by striking therefrom the following: "that Howell Cone be, and he is, hereby appointed solicitor of said court to serve until the-- day of 1904," and insert in lieu thereof the following: "The first appointment of solicitor for said court shall be to continue uutil December 12, 1904." Also amend section 11 by striking therefrom the following: "The times for holding said terms of said court shall be fixed by the city court judge, and may bP. changed for general convenience, such terms to be as near equidistant as convenience will admit. Notice of the time of holding said court and of any change in the same shall be given by the judge of said court by advertisement in the newspapers when the sheriff's sales of said county are published," and insert in lieu thereof the following: "The time for holding said court shall be the first Wednesday in each month, and that the terms of said court held in January, April, July and OctoLer shall be the quarterly terms of said court.'' Also amend section 24 by striking therefrom the following: "from which shall be drawn sixteen jurors," and insert in lieu thereof the following: "from which shall be drawn not less than sixteen jurors, and in the discretion ol the judge twenty-four jurors," and also further amend said section by striking therefrom the following: "No jury shall be summoned to try civil business at a monthly term of said court if there should not be

MoNDAY, JuLY 27, 1903.

291

more than two civil cases in which a trial by jury has been <lemanded." Also amend section 28 by striking therefrom the following: "If the eight jurors thus left can not be ;agreed upon as a jury in any case, the judge of said -court may have summoned eight tales jurors for the completion of said panel of sixteen," and insert in lieu thereof the following: "Sixteen ~hall in all cases constitute a panel of jurors, when there have been summoned sixteen -<>r twenty-four, except in those civil cases in which the principal sum claimed amounts to $1.000.00 or more; in which cases, if demanded by either party, thete shall be a panel of twenty-four from which to select a jury, which shall be done as provided for in the superior court. The judge may at any terril, in order to facilitate the business of the court, have summoned twenty-tour jurors, whether there be a demand for a panel of twenty-four .in any case or not." Also amend section 29 by striking therefrom the following: "not exceeding one bailiff," and insert in lieu thereof the following: "bailiffs.'' Also amend sectian 36 by striking therefrom the following: ''five days," .and insert in lieu thereof the following: "ten days.'' Also amend section 41 by adding to the end thereof the following: "In ca~:>es arising in said court upon accusation the insolvent fund therefrom shall he distributed as follows : fifty per cent. to the solicitor of said court, twenty-five per -cent. to the clerk and sheriff ofsaid court, and twenty-five per -cent. to the justices of the peace and notaries public under the same provisions as provided above."

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

Nr. President: The Committee on Education has bad under considera-

292

JOURNAL OF THE SENATE.

tion the following Senate bill, which it instructs me toreport back with the recommendation that it do not pass:

A bill to insure efficiency of county school commissior.ers of this State.

The committee has also had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pass :

A bill to incorporate the Sasser school district, in Terrell county.
A bill to incorporate the Olive Springs school district.

A bill to incorporate the Parrott school district.

A bill to incorporate the Bronwood school district. A bill to incorporate the Elizabeth school district.

A bill to incorporate the Whitesburg school district, in. Carroll county.
A bill to amend Act incorporating the Upshaw school district.
A bill to incorporate the Amity school district.
A bill to amend Act establishing a system of publicschools in Wadley.
The committee has also had under consideration the following House bills, which it instructs me to report back with the recommendation that they do pass as amended :
A bill to amend section 1378 of Vol. 1 of the Code or 1895.

MoNDAY, JuLY 27, 1903.

293

A bill to incorporate the Leonard school district, in Cobb county.

Respectfully submitted. M. L. LEDFORD, Chairman.

The following House bills were read second time :

:By Mr. :Bell-

A bill to amend sention 1378 of the Code relative to ad:mission to common schools.

By Mr. Phillips-

A bill to establish a system of public schools in Wadley.

.By l\fr. Boykin-.
A bill to incorporate the Amity school district, in Lin'Coln county.
By Mr. Morris--
A bill to incorporate the Olive school district, in Cobb county.

By Messrs. Morris and McLain-
A bill to incorporate the Leonard school district, in Cobb ()Ounty.
On motion, this bill was recommitted to the Committee on Constitutional Amendments.
On motion, House bills Nos. 491, 53a, 534, 543, 563, .551, 519, 603, were tabled.

294

JOURNAL OF THE SENATE;

At 11:30 the Senate went into executive session.
The following Senate bill was read second time wit~ adverse report from the comiLittee:

By 1\:Ir. Comas--
A bill to insure the efficiency of county school commissioners.

Report of the committee was agreed to and the bill waslost.
Ou motion, the Senate a0djourned until to-morrow morning at 10 o'clock.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 28, 1l:J03.

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

Prayer was offered by Senator Atkinson.

Upon the call of the roll the following membersanswered to their names:

A.lleu, Atkinson, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan of lOth,

Duncan. of 3Gth, Golden, Harrell, Hightower, Hopkins, Hudson, Jordan, Lee, Ledford,

Lewis, Mathews, licClure, McLean, licMichael, Merritt, MiddlebrookS;. lloore. Park,

Pe.rry, Reid, Roberts, Skelton,
~mith,
Snead,

TuESDAY, JULY 28, 1\!03.

295

Stevens, Swe:at, Symons, 'fllylor, 'l'isinger,

Turner, Van Buren, 'i\'illiams, 'vorsham, Mr. President.

Those absent were Messrs.-
Christie,
The Journal of yesterday was read and approved.
Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report :

Mr. President: The Special Judiciary Committee has had under con-
sideration the following Senate bill, which it instructs me as chairman to report back with the recommendation that the same do pass :
By Mr. Perry, 33d district-
A bill to be entitled an Act to provide a new charter for the town of Flowery Branch, etc.

Respectfully submitted. B. L. Trsr~GER, Chairman.
Mr. Jordan, chairman of the Committee on Agriculture, submitted the following report :

111r. President:
'l'he Committee on Agriculture has had under consideration the following Senate bill which it instructs me to report with the recommendation that the same do pass:

296

JOURNAL OF THE SENATE.

A bill to provide for the appointment of game warden and deputy warden in the county of Thomas.

Respectfully submitted. C. H. JoRDAN, Chairman.
Mr. Jordan, chairman of the Agricultural Committee, submitted the following report :

Mr. President:
The Committee on Agriculture bas bad under consideration the following Senate bill, which it instructs me to report with recommendation that the author be allowed to withdraw the same :

A bill to require the State chemist to analyze any part of the human body in all cases where the coroner's jury decides that death resulted or may have resulted from poison.
Respectfully submitted. C. H. JORDAN, Chairman.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President: The House bas passed by the requisite constitutional
majority the following bills of the House, to wit:

A bill \o amend an Act to incorporate the Merchants Bank of Valdosta.

A bill to amend an Act to create a board of commissioners of roads and revenues for county of Charlton.

A bill to repeal an Act to amend an Act to incorporate the town of Meigs.

TPESDAY, JULY 28, 1903.

297

A bill to constitute the clerk of the superior court of Macon county ex officio clerk of the county court.

A bill to authorize the county commissioners of Camden county to pay the Hheriff a salary.

A bill to empower the mayor and council of the city of Madison to issue bonds.

A bill to create a school district at Fillyar, in the county of Worth.
A bill to authorize the commissioners of roads and revenues of Terrell county to pay to the officers of the superior court and the county court of Terrell county just compensation for misdemeanor convicts.
A bill to amend an Act to amend the charter of the city of Augusta.
A bill to amend an Act to create the city court of Barnesville.
A bill to fix the number of days each person in this State subject to road duty shall work on the roads.

By Mr. Buchannan of Early-
A bill to amend au Act to create the city court for the county of Early.

By Mr. Jones of Dougherty-
A bill to repeal an Act approved August 20, 1892, establishing a board of roads and revenues for Dougherty .county.

298

JOURNAL OF THE SENATE.

By Mr. Buchannon of Early-

A bill to amend an Act creating a city court for Earlycounty.

By Messrs. Richardson and Johnson of Crawford-
A bill to incorporate the Ben Hill school district in the counties of Houston and Crawford.

By Messrs. Mayson and Candler of DeKalb-
A bill to provide for the registration of voters in the town of Lithonia.

By Mr. Stewart of Calhoun-
A bill to change the time of holding the superior courts in the counties of Decatur, Worth, Calhoun and Mitchell, in the Albany circuit.
The House has concurred in the Senate amendments to the following bills of the House, to wit:
A bill to amend the charter of the town of Chipley.
A bill to incorporate East Ellijay.
A bill to repeal an Act to create a board of advisory commissionP.rs for the counties of Glascock and Laurens.

A bill to amend an Act to reincorporate the town or 'Naycross.
A bill to repeal an Act to create a board of commissioners for the county of 'Yalton.

TUESDAY, JULY 28, 1903.

299

A bill to create a board of commissioners for the county of Monroe.

The House has also passed by the requisite constitutional. majority the following bills of the Senate, to wit :
A bill to authorize the county of Pierce to issue bonds~

A bill to amend an Act to create a new charter for thecity of Douglas.

A bill to prohibit the manufacture of distilled spirits in. the county of Hart.

The following message was received from his Excellency,. the Governor, through his Secretary, Mr. Blackburn :

JJh. P1esident:
I am directed by his Excellency, the Governor, to deliver to the Senate a s~aled communication, to which he respectfully invites the consideration of your honorable body in executive session.

Mr. Perry, chairman of the Committee on Constitutional Amendments, made the following report :
JJJr. President :
The Committee on Constitutional Amendments has had under consideration the following bills of the Senate, which I am instructed to report back with the recommendation that they uo pass :

A bill to amend article 6, section 7, paragraph 2, of the Constitution so as to extend the jurisdiction of justices ofi. the peace to suits in trover.

.'300

JOURNAL OF THE SENATE

A bill to amend paragraph 1, section 1, and paragraph 5, -section 2, and to add a new paragraph to article 6, section :2, to be known as paragraph 9 of the Constitution.

Also, that the following bill of the Senate do pass by substitute:

A bill to increase the salaries of judges of the superior court by amending article 6, section 13, paragraph 1 of the Constitution of this State, and for other purposes.

Respectfully submitted.

H. H. PERRY, Chairman.

The following special orders were taken up: .:By Mr. Comas-

A bill to enlarge the powers of the railroad commiSSIOn .so as to require railroads to construct side-tracks.

This bill was adversely .reported from the committee.

Mr. Comas moved to disagree to the report of the committee, and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Comas, Ledford, Lewis,

Mathews, Merritt,

Perry, Roberts,

ThosE' Yoting in the negative were Messrs.-

.Allen, .Atkinson, Christie,

Clark, Clements, Crumbley,

Dodd, Davis, Duncan of lOth,

TuESDAY, JULY 28, 1903.

Duncan. of 36th, Harrell, Hightower, Hopkins, Hudson, Jordan, Lee, :McClure, :McLean,

!IIcl\Iichael, :Middlebrooks, ll!oore, Park, Reid, Skooton. Smith, Snead, Stevens,

Sweat, Symons, 'Iaylor, 'l'isinger, Turner, Van Buren, Wtlliams,
worsbam.

301'.

Those not voting were :Messrs~-

Golden,

Mr. President,

Ayes 7, nays 35.

The motion was lost.

The report of the committee was agreed to, and the billl was lost.

The following Senate bills was read first time :

By Mr. Sweat-
A bill to provide for the crossing of private ways in this-: State.
Referred to the Special Judiciary Committee.

By Mr. Hopkins-
A bill to amend the Act establishing a system of public schools in the city of Thomasville.
Referred to the Educational Committee.
The following Senate bill were read second time and recommitted :

:302

JOURNAL OF THE SENATE.

By Mr. Perry-

A hill to quiet the title to lands in this State held adversely for a period of twenty years.

By Mr. Perry-
A hill to amend the .Act establishing a new charter for the city of Gainesville.
Mr. Duncan, chairman of the Temperance Committee, submitted the following report:
llfr. President: The Committee on Temperance has had under consider-
-ation the following House bill, which it instructs me to report with the recommendation that the same do pass:

A bill to amend Act permitting the establishment of dispensaries in Pulaski county.

Respectfully submitted. J. T. DuNCAN, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, 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 back with the recommendation that the same do pass :
A bill to amend an Act incorporating the town of Meigs :oin Thomas county.
Respectfully submitted. L. L. MIDDLEBROOKS, Chairman.

TuESDAY, JuLY 28, 1903.

303

The following special order was taken up with adverse 'report from the committee:

By Messrs. Steed and Hixon-
A bill to extend the powers of the railroad commission.
Mr. Comas moved to disagree to the report of the committee, and on this motion the ayes and nays were ordered .and the vote was as 1ollows :

Those voting in the affirmative were Messrs.-

Christie, Comas, Crumbley, Lewis,

Mathews, McMichael, Merritt, Moore,

Perry, Roberta, Symons,

Those voting in the negative were 1\fessrs.-

Allen, Atkinson, Clark, Clements, Dodd, Davl!!l, Duncan of lOth, Harrell, Hightower, Hopkins,

Hudson, Jordan, I.e e. Ledford, McClure, McLean, Middlebrooks, Reid, Skelton, Smith,

Snead, Stevens,
~weat,
Taylor, Tisinger, Turner, Van Buren, Williams. "'orsham,

Those not Yoting were Messrs.-

Duncan of 36th, Golden,

Park,

Mr. Pre~ldent.

Ayes 11, nays 28.

The motion was lost.

304

JOURNAL OF THE SENATE.

The report of the committee was agreed to and the bin: was lost.

The following House bills was read first time :

By Mr. Buchannan-

.A bill to amend the Act creating the city court of Early county; to provide for the appointment of judge and solicitor.

Referred to Special Judiciary Committee.

By Mr. Jones-
A bill to repeal the Act creating the board of roads and
revenues for Dougherty county.

Referred to Special Judiciary Committee.

.By Mr. Buchannon-
A bill to to amend the Act creating the city court of Early county.

Referred to Specia 1 Judiciary Committee. By Messrs. Richardson and Johnson-
.A bill to incorporate the Ben Hill school district m Houston and Crawford counties.
Referred to Education Committee. By Mr. Rainey-
.A bill to authorize the county commissioners of Terrell

T.UESDAY, JULY 28, 1903..

305

county to pay reasonable compensation for misdemeanor convicts.

Referred to Special Judiciary Committee.

By Mr. Dunbar-

A bill to amend the charter of the city of Augusta.

Referred to Corporation Committee.

By Mr. Owen-

.

.

A bill to amend the Act establishing the city court of

Barnesville.

Referred to Special Judiciary Committee.

By Mr. Tigner-
A bill to fix the number of days each person subject to road duty shall be required to work.

Referred to Agricultural Committee.

By Mesers. Mayson and Candler-
A bill to provide for the registration of voters of the town of Lithonia, in DeKalb county.

Referred to Corporation Committee.

By Mr. Stewart-
A bill to change the time of holding the superior courts in the counties of Decatur, Calhoun, Worth and Mitchell.

Referred to Special Judiciary Committee.
20s

~06

JOURNAL OF THE SENATE.

By Mr. West-
A bill to amend the Act incorporating the Merchant's .Bank of Valdosta.

Referred to Banks Committee.

.By Mr. Mizell-
A bill to amend the Act establishing a board of commissioners of roads and revenues for Charlton county.

Referred to Special Judiciary Committee.

By Messrs. Mitchell, Rountree and Singletary-
A bill to amend an Act incorporating the town of Meigs, i~ Thomas county.

Referred to Corporation Committee.
By Mr. HayesA bill to constitute the clerk of the superior court of
Macon county ex officio clerk of the county court.

Referred to Special Judiciary Committee.
By Mr. GeorgeA bill to authorize the mayor aud council of Madison to
issue bonds to establish waterworks.

Referred tc Corporation Committee.

By Mr. Alford-
A bill to establish a school district at Fillgard, in Worth county.

Referred to Education Committee,

TUESDAY, JULY 28, 1903.

307

.!By Mr. Procter-

A bill to authorize the county commissioners of Camden -county to pay the sheriJfof said county $400.00 in addition ;to his regular fees.

Referred to Special Judiciary Committee.

The following Senate bills were read first time :

:By Mr. Howell-

A bill to repeal section 233 of the Political Code.

Referred to General Judiciary Committee.

:By Mr. Tisinger-

A bill to amend section 982 of the Code.

Referred to Banks Committee.

The following House bill was read third time to be put upon its passage :

..By Messrs. Hardman, Holder and Shackelford-

A bill to provide for the teaching of the elementary ;principles of agriculture and civil government.
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 amendments are by .striking out section 3 of the bill.

308

JOURNAL OF THE SENATE.

The following Senate bills were read sec.ond t~me :

~y Mr. McLean-
. A bill-to require the State Chemist to examine dead persons when their death was caus~::d by suspected poisoning.

This bill was withdrawn by its author.

By Mr. Comas-
A bill to amend article 6, section 7, paragraph 2 of theConstitution so as tu extend the jurisdiction of the justice of the ,peace..

By Mr. Mathew57 . .

A bill to amend paragraph 1, section I, and paragraph 5

of the Constit11tion.





By Mr. Comas-
A bill to inc.rease the s~lary of the judges of the supElriorcourt from $2,000.00 to $2,500.00.

By Mr. HopkinsA bill to amend an Act inc.orporating the town of
Meigs in Thomas c.ounty.
By Mr. Hopkins- A bill to provide for a game warden and deputy wardeD
in Thomas county.
By Mr. PerryA bill to provide a new charter for the town of Flowery
Branch;
The following Senate bills were read. first .time.

TuESDAY, JuLY 28, 1903:

309

.By Mr. Duncan-

A bill to define and regulate the business of industrial "life insurance.

Referred to the Bank Committee.

By Mr. Skelton (by request)A bill to prohibit the sale of cigarettes in Hart county. Referred to Constitutional Amendment Committee. The following House bill was read second time:

"By Mr. Grice-
A bill to amend the Act permitting the establishment of a dispensary in Pulaski county.
The following House bill was read third time to be put upon its passage:

By Mr. Phillips-
A bill to amend an Act establishing a system of public schools in the town of Wadley.
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.
The following Senate bill was read third time to be put upon its passage :

310

JOURNAL OF THE SENATE.

By Mr. Park--
A bill to provide that no person living within the territory embodied in any local public school shall be eligible-to serve on the board of education.

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 ns follows:

Amend section 1 by adding" provided the grand jury or other authority selecting said board may in their discretion select one member of said l oard from within the territory. embraced by a local public school system."

At 12:30 the Senate went into executive session.

MINORITY REPORT OF GE~ERAL JUDICIARY COMMITTEE ON THE BILL TO HAVE THE RAILROAD COMMISSIONERS ELECTED BY THE PEOPLE.
'Ve the undersigned, after a careful consideration, ft'e1~ constrained to oppose the par:.sage of the above bill which has received a favorable report from the General Judiciary: Committee, to which we belong.
One of the reasons which prompts us in opposing this bill may be summed up in the statement that, on its face,. the bill seems to be unfair to the railroads.
We believe in the Railroad Commission and in the law establishii.g this commission. We favor giving it all thepower it can ever need in order to fairly control rail.:.. roads in the interest of the people.

TuESDAY, JuLY 213, 190;3.

311

If it has not such power now, we will support any measure which will confer on the commission any needed. power or authority, to prevent discrimination or oppression by railroad managements.
For this reason, we are opposed to making this important office a political office, in the sense that it is to be contended for in a popular scramble. There is this difference between this office and any other office in the State government. This office is that of an arbiter between the people, whose interest is always to have a reduction of freight rates, and the railroads whose interest is to maintain existing rates, or to fix higher rates.
The commission stands as a jury trying the facts between the two parties at interest-the people on the one hand, the railroads on the other. The facts in issue relate to the reasonahleness in rates, the necessity for the erection of depot facilities, and other matters of great importance, in all of which the general public has business interests directly conflicting with the railroad interests. Of alL these matters, the commissioners are arbitr11tors between the people on the one hand and the railroads on the other~
As a part of the people, and representing a people whodesire us to be fair, we do not claim for ourselv~s the exclusive right to select the jury to try the issue between us. and the railroads.
The people have been and are still willing to say to the Governor: "Select three lair, capable men, who are willing to do us justice and are able to treat the railroads fairly, and entrust them with this great power. We are parties at interest, and recognize that it is hardly fair that we ourselves should select the jury."
vVe need not elaborate, but only state the proposition, that to make the office of commissioner elective would furnish a strong temptation to the commissioners in power to-

312

JOURl(AL OF THE SENATE,

administer their office with reference to coming elections; would inject issues into the election that ought to be decided only with that deliberate fairness which can be attained where the personal and political fortunes of the commissioner!' are not in any way involved.
B. L. TISINGER,
H. A MATHEWS,
T. G. HUDI:!ON, R. J. WI:LUAMS1 JNo. D. TAYLOR,
Committee.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 29, 1903.

The Senate met pursuant to adjournment at 10 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 :

Atkinson, Christie; Clark, Clements, Comas, Crumbley, Dodd, Davis,

Duncan of lOth, Duncan. of 36th, Golden, Harrell, Hightower, Hopkins, I IUt18011, J'ordan,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore,

Park, Perry, Reid, Robe,rt.e, Skelton, Smith,

WEDNESDAY, JuLY 29, 1903.

313

Snead, Stevens, Sweat, Symons, Taylor, Tlslnger,

Turner, Van Buren,

..

\Villlams,

.'

Worsham,

Mr. Preslden.t,

Those absent were Messrs.-

Allea,

Lee,

Middlebrooks,

The Journal of yesterday was read and approved.

Senator Lee was granted leave of absence on account of .sickness.

Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
J.lfr. President:
The Special Judicia-ry Committee has had under consideration the following bill of the Senate, which J am instructed to report with the recommendation that it do not pass:

A bill to require broad-tired wagons to be used on the public roads of this State.

The committee bas also bad under consideration the foL lowing bills of the House, which it instructs me to report with the recommendation that they do pass:

A bill to create a board of commissioners of roads and l'evenues for Randolph county.

A bill to constitute the clerk of the superior court of Macon county ex officio clerk of the county court of said-county.

314

JOURNAL OF THE SENATE.

A bill to amend an Act creating a board of commissioners of roads and revenues for Charlton county.

A. bill to change and fix the time of holding the superior courts of the counties of Decatur, Worth, Calhoun and. Mitchell.

A. bill to authorize the county commissioners of roadsand revenues of Camden county to pay the sheriff a salary of $400.00 in addition to fees.

A. bill to amend an Act establishing the city court of Barnesville.
A. bill to amend an Act creating a city court for Early county.
A. hill to repeal an Act establishing a board of commis- sioners of roads and revenues for Dougherty county.

The committee has had under consideration the following House bills, which it instructs me to report with the recom,.. mendation that they do pass as amended :

A bill to authorize the board of commissioners of roadsand revenues to pay reasonable compensation to the officersof the superior court of Terrell county and the city court of Dawson for misdemeanor convicts.

A. bill to amend an Act creating a city court for Earlycounty.
The committee has also had under consideration the following House bill, which it instructs me to report with the recommendati?n that the same do pass by substitute:

WEDNESDAY, JULY 29, 1903.

310:.

A bill to amend an Act incorporating the town of Jef-fersonville, in Twiggs county.

Respectfully submitted. B. L. TISINGER, Chairman.

Mr. Perry, chairman of the General Judiciary Commit-tee, made the following report:

Mr. President:
The General Judiciary Committee has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass:

A bill to repeal section 233, Vol. 1, of the Political Code, relative to annual reports by public officers.

Also, that the following bills of the Senate do pass asamended:

A bill to amend an Act establishing a new charter forGainesville.

A bill to quiet the title to landd in this State held adversely for a period of twenty years under dnly recorded. deeds, and for other purposes.

Also, that the following Senate resolution do pass:
A resolution for the relief of J. K. McAfee, J. R. Grice-
and W. H. Raley, sureties on bond of Charlie Harris.
Also, that the following House resolution do pass:

JouRNAL oF THE S:ENATE.
A resolution to appoint a committee from the Senate and House to consider and investiga.te the registration of land titles.

Respectfully submitted.

H. H. PERRY, Chairman.

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

]Jlr. President:

The Committee on Temperance has had under consider:ation the following House bill, which it instructs me to report with the recommendation that the same do pass :

A bill to establish and maintain a dispensary in the city -of Statesboro.

Respectfully submitted. DuNCAN, 36th, Chairman.

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following re1-ort:

Mr. President:
The Committee on Engrossing has examined the following bill, which is found -to be correctly engrossed and ready 1or transmission to the House :

A bill to provide that co person living within the territory of any public school shall be eligiblE! to serve on the .county board of education.

Respectfully submitted.

DuNCAN, lOth, Chairman.

~,Ef>~~SDAY1 .JULY 29, 1903.

317

Mr. Symons, chairman of the Committee on Enrollment~

submitted the. following rep~rt: ..

.~ . . .

Mr. President:

The Committee on Enrollment report as duly enrolled; signed by the President of the Senate and Speaker of the House and delivered t? the Governor the following Acts, to wit:
An Act to' create a new charter for the city of Douglas~ in Coffee county.

An Act to authorize the issue and sale of bonds by Pierce qounty for building and equipping schoolhouses, and. for other purposes.

An Act to prohibit the manufacture of distilled spirits in Hart county.

Respectfully submitted. W. F. SYMONS, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, sub~itted the following report:

Mr. President:
The Committee oo Enrollment report as duly enrolled and ready. fox; the. signat~1res of the President of the Senate and Speaker of the House the following Acts, to wit;
An Act to create a new charter for the city of Douglas, in Coffee county.
An Act to authorize the issue and sale ot bonds by Pierce

:318

JOURNAL OF THE SENATE.

-county for building and equipping schoolhouses, and for other purposes.

An Act to prohibit the manufacture of distilled spirits .=in Hart county.

-Respectfully submitted. W. F. SYMONS, Chairman.

The following message was received from the House -cthrough Mr. Boifenillet, the Clerk thereof:
_Mr. President: The House has passed by the requisite constitutional
..majority the following bills of the House, to wit :

y Messrs. Mann and Strickland-
A bill to create a board of commissioners of roads and 1\Tevenues for Tattnall county.
_illy Mr. Spence -of Ware-
A bill to amend the Act to reincorporate the town of -waycroas as the eity of Waycross.
JBy Mr. .13ooth 0f Walton-
A resolution for the relief of 6. S. Duke from taxes for -the years .1898 and 1"8.9.9.
-By Mr. Jones of Dougl.terty-
A bill to create .a '.new bQard of commissioners o illougher~y eounty.

WEDNESDAY, JULY 29, 1903.

319

By Messrs. Rogers and Thompson of Hall-

A bill to incorporate the town of Oakwood, in Hall -county.

-By Mr. Owen of Pike-

A bill to incorporate Milner school di.;;trict.

_By Mr. Alford-

A bill to create a school district at D,lles, Worth county.

_By Mr. Richardson-

A bill to establish a new charter for the town of Byron.

By Mr. Stovall of Chatham-

A bill to provide compensation for the aldermen of Sa-vannah.

_By Mr. Newton-

A bill to incorporate the town of Kingwood.

_By Mr. Alexander-

A bill to amend an Act to establish the city court of Washington, in Wilkes county.

_By Messrs. Martin and Hawes-

,. A bill to create a school system for Bowman.

_By Mr. CannA bill to amend the :charter of the Savannah Trust Co,.

:320

JoURNAL OF THE SENATE.

By Mr. Calvin-

A bill to provide for the protection of birds and their nests.

By Messrs. Lane and Hixon-

A bill to amend an Act to create the city court of AmerIcus.

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 resolution of the House, to wit:
A resolution to appropriate $50,000 to make an exhibit at the St. Louis exposition.
The following Senate bills were read first time:
By Mr. Atkinson-
A bill to amend section 3393 of the Code as to application for administration.
Referred to General Judiciary Committee.

By Mr. Van Buren-
A bill to require the ordinaries of the several counties to keep a list of the pensioners of their counties.
Referred to Pension Committee.

WEDNESDAY, JULY 29, 1903.

321

The following Senate bills were read second time and recommitted to the Special Judiciary Committee, and 100 copies ordered printed :

By Mr. McMichael-

A bill to abolish the fee system of solicitor-generals of this State.

By Mr. McMichael-
A bill to modify and prescribe the duties of the clerks of the superior courts.

By Mr. McMichael-
A bill to modify and prescribe the duties of the judges of the superior courts.

The following special order was taken up, which is a bill :

By Mr. RankinA bill to elect the railroad commission by the peopler

Mr. Skelton moved to displace the special order and make it the special order for next Wednesday morning.

The motion was lost.

Mr. Skelton moved to recommit this bill and amendments to the General Judiciary Committee.

The motion was lost. The following amendment was offered by Mr. Skelton ~

Amend section 1 after the words "General Assembly"
2ls

322

JOURNAL OF THE SENATE

.and " Railroad Com mission" the following : "so elected shall be a citizen of the State of Georgia four years, and , shall have attained the ag~ of twenty-five years, and no other requirement shall be required."

On this amendment the ayes and nays were ordered, and .the vote was as follows :

Those voting in the affirmative were lfessrs.-

<Comas, Dodd, Davis, Harrell,

Hightower, Hopkins, Jordan, Lewis.

Mathews, 1\:Ic:Michael, Skelton, Snead.

Those voting in the negative were Messrs.-

Atkinson, Christie, Clark, Clements, Crumbley, Duncan of lOth, Duncan of 36th, Hudson, Ledford,

McClure, McLean, Merritt. Moore, Park; Perry, Reid, Roberts, Smith,

Stevens, Sweat, Symons, Taylor, Tlsinger, Turner, Van Buren, Williams, Worsham,

Tho~e not voting were Messrs.-

Allen, Golden,

Lee, Middlebrooks,

Ayes 12, nays 27.

Mr. President.

The amendment was lost.

Mr. Atkinson moved to disagree to the report of the committee, which is favorable to the passage of the bill.

On this motion the ayes and nays were ordered, and the vote was as follows:

WEDNESDAY, JULY 29, 1903.

Those voting in the affirmative were Messrs.-

.Atkinson, Christie, Clark, Clements, Crumbley, Duncan of lOth, Duncan of 36th, Hightower, Hudson. .Jordan,

Mathews, McClure, McLean, McMichael, Moore, Park, Reid, Skelton, Smith,

Stevens, Sweat, Symons, 'l'aylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Tho~e voting in the negative were Messrs.-

-comas, Dodd, Davis, :Harrell,

Hopkins, Ledford, r,e,vis. Merritt,

Perry, Roberts, Snead,

Those not voting were :Messrs.-

Allen, -Golden,

Lee, I1I!ddlebrooks,

Ayes 28, nays 11.

'Mr. President.

The motion was carried.

Upon the passage of the bill the ayes and nays ordered and the vote was as follows :

Those voting 'in the affirmative were Messrs.-

-Comas, Dodd, .Davis, Harrell,

Hopkins, Ledford, Lewis,

l\Ierritt, Perry, Snead,

Those Yoting in the negative were Messrs.-

Atkinson,

Christie,

Clark,

324

JOURNAL OF THE SENATE.

Clements, Crumbley, Duncan of lOth, Duncan of 36th, Hightower, Hudson, Jordan, Mathews, McClure,

McLean,
~fc~Iichael,
Moore, Park, Roberts, Skelton, Smith, Stevens,

Sweat, Symons, Taylor, '.risinger, Turner, Van Boren, \Villiams, 'Vorsham,

Those not voting were Messrs.-

Allen, Golden,

Lee, Middlebrooks,

Ayes 10, nays 28.

Reid, Mr. President,

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

The following House bills were read first time :

By Mr. Alexander-
A bill to amend the Act establishing the city court \Vashington.

Referred to Special Judiciary Committee.

By Mr. RichardsonA bill Lo establish a new charter for the town of Byro

Referred to Corporation Committee.
By 1\ir. CalvinA bill to provide for the protection of birds and th~
nests.

Referred to Agricultural Committee.

vV:ED~~SDAY, JULY 29, 1903.

325

By Mr. Jones-
A bill to create a new board of county commissioners of Dougherty county.

Referred to Special Judiciary Committee.

.By Messrs. Martin and Hawes--
A bill to ereate a local public school system in Bowman .and vicinity.

Referred to Education Committee.

.By Mr. AlfordA bill to create a school district at Doles, Worth county.

Referred to Education Committee.

.By Messrs. Rogers and Thompson-

A bill to incorporate the town of Oakwood, in Hall COUnty.
Referred to Co~poration Committee.
By Messrs. Lane and HixonA bill to amend the Act creating the city court of
Americus.
Referred to Special J udi~iary Committee.

By Messrs. Mann and StricklandA bill to create a board of commissioners of roads and
r~venues for Tatnall county.
Referred to Special Judiciary Committee.

326

JOURNAL OF THE SENATE,

By Mr. OwenA bill to incorporate the Milner school district.

Referred to Education Committee.

By Mr. Newton-

A bill to incorporate the town of Kingwood, in Colquitt county.
Referred to Corporation Committee.

By Mr. Cann-

A bill to amend the charter of the Savannah Trust Co..

Referred to Banks Committee.

By Mr. Stovall-
A bill to provide that each alderman of the city of Savannah shall receive a salary or compensation, to be paid out of the treasury.
Referred to Corporation Committee.

By Mr. Booth-
A resolution for the relief of S. S. Duds from taxes for the years 1898 and 1899.
Referred to Finance Committee.
The following Senate bill and resolution was read second time:

WEDNESDAY, JULY 29, 1903.

327

By Mr. Williams-

A resolution for the relief of J. K. McAfee, J. R. Grice,
and W. H. Raley, sureties on the bond of Charlie Harris.

By Mr. HowellA bill to repeal section 233 of the Code.

The following Senate bills were read third time to beput upon their passage :

By Mr. Comas-
A bill to amend article 6, section 7, paragraph 2 of the Constitution, to extend the jurisdiction of the justices of the peace.
Report of the committee was agreed to.
This being a constitutional amendment the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Christie, Clark, Clements, Comas, Crumbley, Dodd, Davis, Duncan. of 86th, Harrell, Hightower, Hopkins, Jordan,

Ledford. Lewis. Mathews, McLean, Merritt, 1\-Ioore, Park,
Pei.TY, Reid, Roberts, Skelton,

Smith, Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

328

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

~lien,
Atkinson, Duncan of 10th. Golden,

Hudson, Lee, McClure,

McMichael, Middlebrooks, ~1r. President,

Ayes 34, nays 0.

The bill having received the requisite constitutional majority was passed, and the bill is as follows :

A BILL
To be entitled an Act to amend article 6, section 7, paragraph 2 of the Constitution so as to extend the jurisdiction of justices of the peace to suits in trover, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority <>f the same, That article 6, se<'tion 7, paragraph 2 of the Coniltitution of the State be amended by inserting after the word " property" in the third line and before the word "'when" the words "and suits in trover," so that when amended said paragraph 2 of section 7 of article 6 of the Constitution will read as follows : "Justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of' injury or damage to personal property and .suits in trover when the principal sum does not exceed one hundred (100) dollars, and shall sit monthly at fixed times and places;. but in all cases there may be an appeal to a jury in said court or an appeal to the superior court and such regulations as may be prescribed by law."
SEc. 2. Be it further enacted by the authority aforesaid, That if this amendment shall be agreed to by twothirds of the members of the General Assembly of each

WEDXESDAY, JULY 29, 1903.

329

house, the Eame shall be entered on their journals with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the papers in each congressional district for two months immediately preceding the next general election, and the voters thereat shaH have written or printed on their tickets " for ratification" or "against ratification," as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said amendment shall become a part of said article 6, section 7, paragraph 2 of the Constitution of this State, and the Governor shall make proclamation thereof.
SEc. a. Be it further enacted by authority aforesaid.
That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

By :Mr. Comas-
A bill to increase the salaries of the judges of the superior court to $2,500.00.
Report of the committee was agreed to.
Upon the passage of the bill the ayes and. nays were called and the vote was as follows:

Those voting in the affi:r:mative were Messrs.-

Atkinson, Christie, (:lark, Clements, Comas, Crumbley, Davis, Duncan of 36tb,

Hightower, Hopkins, Hudson, Jordan, Mathews,. McClure, McMichael, Merritt,

Moore, Perry, Reid, Skelton, Smith,
Sn~d.
Stevens, Sweat,

330
Symons, Taylor, Tisinger,

JOURNAL OF THE SENATE.

'l'urner, Van Buren,

Williams, Worsham.

Those voting in the negative were Messrs.-

HatTell, Ledford,

Lewis,

McLean,

Those not voting were Messrs.-

Allen, Dodd,
Duncan of lOth,

Golden, Lee, Middlebrooks,

Ayes 31, nays 4.

Park, Roberts, Mr. President.

The bill having received the requisite constitutional majority of two-thirds was passed by substitute as amended, and the amendment is to strike out $5,000 and insert $4,000, also strike out $3,500 and insert $3,000.

By Mr. Perry-

A bill to provide a new charter for the town of Flowery Branch.

Report of the committee wal'l 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. Hopkins-

A bill to provide for the appointment of a game warden and deputy warden for Thomas county.

Report of the committee was agreed to.

WED1\ESDAY, JULY' 29, J;903:

331

Upon the passage of the bill the ayes were 28, nays 0;. the bill having received the requisite constitutional majority was passed.

By Mr. Hopkins--

A bill to amend the Act incorporating the town uf Meigs in Thomas 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. Perry-
A bill to amend the Act establishing a new charter forthe city of Gainesville.

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 as amended.
Amend by striking out section 5 entirely, and changing the numbers of sections 6 and 7 to 5 and 6, respectively.

By Mr. Perry- -
A bill to quiet the title to. land in this State held ad-versely for a period of twenty years.

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 pass~d as amended.

332

JouRl{AL oF THE SENATE.

Amend section 1 by adding in sixth line after the word "constituted'' the words "and f:llaintaiued." Amend section 2 by adding to said section the words "provided, said plaintiff, or those under whom be holds, bad a right of action during said period."

The following Senate bills 'were read second time imd recommitted:

By Mr. Tisinger-

.'

..

:

4. bill to amend .section 982 .of the Code.

By Mr. SkeltonA bill to prohibit the sale of cigarettes in Hart county.

The following Senate bills were read first time.:

By Mr. Davis-
A biil to amend se~tion 1908 of the Code, which provides who shall manage bank~.

Referred, to Committee on ,Banks.

By Mr. Perr,r-
A bill to cede to the United Stated certain 'lands m Gainesville to build post-office.

Referred to General Judiciary Committee.
The. following House bill was read second time and recommited:

WED~ESDAY, JuLY 29, 1903.

333 .

By Messrs. Mitchell, Rountree and Singletary.

A hill to repeal an Act amending the charter of the town of Meigs.

The following House bills were read second time:

By Mr. Rainey-

.A bill to authorize the commissioners of roads and revenues of Terrell county to pay reasonable compensation for misdemeanor convicts.

By Mr. Buchannon-

A bill to amend the Act creating a city court for the county of Early.

By Mr. Owen-

A bill to amend the Act establishing the city court of Barnesville.

By Mr. Stewart-
A bill to change and fix the time for holding the superior courts of the counties of Decatur, 'Vorth, Calhoun and Mitchell.

By Mr. Hayes-
A bill to constitute the clerk of the superior court of Macon county ex officio clerk of the county court.

By Mr. Mizell-
A bill to amend the Act creating the board of county commissioners of Charlton county.

JOURNAL OF THE SENATE.
By Mr. Buchannon-
A bill to amend the Act creating the city court for the --county of Early.
By Mr. Proctor-
A bill to authorize the county commissioners of Camden county to pay the sheriff of said county $400.00 as salary.
By Mr. Duggan-
A bill to create a board of county commissioners of Randolph county.
By Mr. Griffin-
A bill to amend the Act incorporating the town of Jeffersonville, in Twiggs county.
By Messrs. Miller and Deal-
A bill to provide for the establishment and maintenance of a dispensary in Statesboro.
At 12:30 the Senate went into executive session.
Leaves of absence was granted Senators Reid, Sweat, Comas and Van Buren to visit camps.
On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

THURSDAY, JULY 30, 1903.

335

SENATE CHAMBER, ATLANTA, GEORGIA.,
Thursday, July 30, 1903.

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

Prayer was offered by the Chaplain.

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

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

Hudson, Jordan, Lee, Ledford, Lewis, 1\fathews, McClure, McLean, 1\fcl\fichael, 1\:Ierritt, l\Iidtllebrooks,

Ha.rrell, Hightower,

~Ioore,
Park,

Hopkins,

Those absent were J\Iessrs.-

'Comas, Reid,

Sweat,

Perry, Roberts, Skelton, Smith, Snead, Stevens, Symons, Taylor, TisingAr, Turner,
~Yilliams,
'Worsham, 1\Ir. President.
Van Buren,

The Journal of yesterday was read and approved.
1\fr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
M1'. President:
The Special Judiciary Committee has had under consid-eration the following Senate bills, which it instructs me, as

336

JOURNAL OF THE SENATE,

chairman, to report back with the recommendation that the same do pass:

By Mr. Park--

An Act to amend an Act establishing a dispensary m the town of Hogansville, etc.

By Mr. Sweat-
An Act to provide for the closing of private ways in this State in certain cases, etc.

Also, the following House bills, which I am instructed to report with the recommendation that the same do pass:

An Act to create a board of commissioners of roads and revenues for the county of Tattnall, etc.
An Act to amend an Act entitled an Act to establish the city court of Washington in and for the county of Wilkes, etc.

An Act to create a new board of commissioners of roads and revenues for Dougherty county, etc.

Respectfully submitted.

B. L. TrsrKGER, Chairman.

Mr. Christie, chairman of the Committee on Banks, submitted the following report:
JJ r. President:
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 the same do pass:

THURSDAY, JuLY 30, 1903.

337

A bill to amend section 982 of the Code relative to the appointments of banks as State depositories.

Respectfully submitted.

S. R. CHRISTIE, Chairman.

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

Mr. President:

The Committee on Banks has had under consideration the following bill of the House, which it instructs me toreport back with the recommendation that the same do pass:

A bill to amend the Act incorporating the Merchants Bank of Valdosta, approved December 26, 1888.

Respectfully submitted. S. R. CHRISTIE, Chairman.

The following resolution of the House was read first time:

By Mr. Dunbar-

A resolution to appropriate $00,000 for a display at the St. Louis exposition.

Referred to Appropriation Committee.

The following Senate bills were read second time:

By l\Ir. Park-

A bill to require the use of broad-tired wagons on the public roads of this State.

This bill was tabled.
223

338

JOURNAL OF THE SEN.ATE.

By Mr. Sweat-

A bill to provide for the closing of private ways in this State in certain cases.

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

'J-11. 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:

A bill to pay off and retire bonds of this State as they mature by levy and collection of a tax for that purpose, and for other purposes.

Respectfully submitted.

Wl\r. H. DAvrs, Chairman.

The following me11sage was received from the House through Mr. Boifeuillet, the Clerk thereof:

M1. P1esident:
The House has passed by the reqmstte constitutional majority the following bills of the House, to wit:

By Mr. Thurman of Walker-

A bill to establish a new charter for the town of Lafayette, in Walker county.

By 1\Ir. Howard of Baldwin-

A bill to appropriate $15,000 to -the Georgia State Sanitarium.
The House returns Senate resolution ~o. 19 and re-

THURSDAY, JULY 30, 1903.

339

.quests that the author be allowed to withdrMv the same, ;as a measure carrying out the purposes of this resolution bas been previously enacted.

The following message was received from his Excellency, -the Governor, through his Secretary, Mr. Blackburn:

111r. P1esident:
I am directed by his Excellency, the Governor, to deliver to the Senate a communication in writing.
The following joint resolution was adopted :

.By Mr. Davis-
A resolution convening the Senate and House in joint .session to-morrow at 12 o'clock to listen to an address by Hon. W. B. Hill.
The following House bills were read second time:

.By Mr. Jones-
A bill to create a new board of county commissioners for Dougherty county.
This bill was tabled.

By Mr. Alexander-
A bill to amend the Act establishing the city court of Washington.
By Mr. West-
A bill to amend the Act incorporating the Merchants Bank at Valdosta.

340

JOURNAL OF THE SENATE.

By l\Iessrs. Mann and Strickland-

A bill to create a board of commissioners of roads and revenues for Tattnall county.

The following Senate bills were read third time to be put. upon their passage:

By Mr. Howell-
A bill to repeal section 233 of the Political Code relative to annual reports of public officers.

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. Mathews-

A bill to amend paragraph 1, section 1, and paragraph 5,. section 2, and to add a new paragraph to article 6, section 2, to be known as paragraph 9 of the Constitution.

On motion, this bill was made special order for next Tuesday immediately after the reading of the Journal.

The following bill was read first time :

By l\lr. HudsonA bill to amflnd section 4868 of Vol. 2 of the Code. Referred .to Special Judiciary Committee. The following message was received from the Governor~

THURSDAY, JuLY 30, 1903.

341

'To the General Assembly:

July 30, 1903.

I have the honor to call your attention to the accompanying correspondence, in which the relict of Honorable James S. Boynton tenders to the State a life-size portrait of this distinguished Georgian. I respectfully suggest that the generous tender be acknowledged and received by -appropriate resolution.
J. M. TERRELL, Governor.

July ~4, 1903. Mrs. James S. Boynton, High Shoals, Ga.:
MY DEAR MADAME :-I understand that you have a lifesize portrait of your distinguished husband which you are willing to donate to the State, to be hung among the galaxy of Georgians whose portraits now adorn the walls of the -Capitol. I will appreciate a formal letter from you making this tender, in order that I may do myself the pleasure and the State the honor of having the same received by fitting resolution, during the sitting of the present General As .sembly.
With great esteem, I have the honor to be, Yours very sincerely, J. M. TERRELL, Governor.

Gov. Jos. M. Terrell:
l\1Y DEAR SIR:-Your letter of the 24th inst. has been received, and knowing bow deeply interested my husband was in the welfare and prosperity of our State, and bow he loved her people, I cheerfully tender to the State, through you, the life-size portrait of him to be hung among the other faces that adorn the walls of the State Capitol.
The portrait is now subject to your orders, at Mrs. Greg.ory's studio, 33 Luckie street.
Sincerely, Mns. JAMES S. BOYNTON.
High Shoals, Ga., July 27, 1903.

342

JOURNAL OF THE SENATE.

The following Senate bill was read second time and recommitted.

By Mr. Perry-
A bill to provide for the appointment of probation offi-cers and to define their duties.

The following Senate bill was read third time and put upon its passage:

By 1\fr. Tisinger-
A bill to amend section 982 of the Code providing for the selection of banks as State depositories.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays Q_
The bill having received the requisite constitutional majority was passed as amended, by striking the words "one or more" in the 6th line of the caption of the bill, and in the 11th line of section 1, and substituting in liet'l thereof the words "not more than two.''

The following resolution was read and adopted :

By Mr. Skelton-
A resolution to appoint a committeefr0m. the Senate anct House to investigate certain charges ali:l>CHlt l'obbying in the General Assembly.
Mr. Perry moved to table the resolution, which motion. was lost.
Committee on part of Senate are Senators Skelton, Harrell and Davis.

,THURSDAY, JULY 30, 1903.

343

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

Mr. 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 extend the jurisdiction of justices of the peace to suits in trover.
A bill to prescribe salaries for judges of the Supreme and superior courts.

A bill to provide a new charter for the town of Flowery Branch.
A bill to provide for a game warden and deputy wardens for Thomas county.

A bill to amend an Act incorporating the town of Meigs in Thomas county.
A bill to quiet the title to lands held adversely twenty years under duly recorded deeds.

Respectfully submitted.

DuscAN, lOth, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:

The Committee on Corporations has had under consideration the following House bill~>, which it instructs me to report, with the recommendation that they do pass:

344

JOURNAL OF THE SENATE.

A bill to provide for the registration of the voters of Lithonia.

A bill to incorporate the town of Oakwood.
A bill to empower the mayor and city council of Madison to purchase bonds, maintain and equip a system of water-works, and for other purposes.

A bill to provide a salary for the aldermen of Savannah.

A bill to amend charter of city of Augusta.

A bill to incorporate the town of Kingwood.

Respectfully submitted. L. L. 1\ImDLEBROOKS, Chairman.

The following House bills were read first time:

By Mr. HowardA bill to appropriate $15,000 to the State Sanitarium.

Referred to the Appropriation Committee.
By Mr. ThurmanA bill to establish a new charter for the town of Lafay-
ette in Walker county.

Referred to the Corporation Committee.

The following House bills were read second time:

By Mr. DunbarA bill to amend the charter of the city of Augusta.
By Mr. StovallA bill to provide that each alderman of the city of Sa-
vannah shall receive compensation for his services.

THURSDAY, JULY 30, 1903.

345

"By Mr. George-

A bill to empower the mayor and city council of Madison to purchase bonds.

By Messrs. Rogers and Thompson-

A hill to incorporate the town of Oakwood, in Hall -county.

By Messrs. Mayson and Candler-

A bill to provide for the registration of voters of Lithonia.

.By Mr. Newton-

A bill to incorpvrate the. town of Kingwood, in Colquitt. -county.

The following resolution of the House was read and .adopted:

.By Mr. Felder-

A resolution relative to the registration of land titles.

Mr. Christie, chairman of the Committee on Banks, made the following report:

Mr. President:
The Committee on Banks has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do pass:

A bill to regulate and define the business of industrial life insurance.

Respectfully submitted. S. R. CHRISTIE, Chairman.

346

JOURNAL OF THE SENATE.

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

llfr. President:

The Committee on Temperance has had under consideration the following bill 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 spirituous liquors in Web~ ster county except as herein provided for.

Respectfully submitted.

DuNCAN, 36th, Chairman.

'fhe following House bills were read third time to be put. upon their passage :

By Mr. Griffin-
A bill to amend the Act incorporating the town of Jefferson ville.
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 ma.- jority was passed by substitute.

By Mr. Grice-
A bill to amend the Act permitting the establishment of a dispensary in the county of Pulaski.
Report of the committee was agteed to.
Upon the passage of the bill the ayes were 29, nays 0.

THURSDAY, JULY 30, 1903.

34T

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

By Mr. Mizell-

A bill to amend the Act creating the board of countycommissoners of Charlton county.
Report of the com mittee 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. Hayes-
A bill to constitute the clerk of the superior court ex.. officio clerk of the county court of Macon 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. Proctor-

A bill to authorize the county authorities of Camden. county to pay the sheriff $400.00 in addition to his regular fees.
Report of the committee was agreed to.
Upon the passage of the bill theayes were 29, nays 0.
The bill having received the requisite constitutional ma.jority was passed.

348

JOURNAL OF THE SENATE.

By Mr. Stewart-

A bill to change the time for holding the superior courts 'in the counties of Decatur, Worth, Calhoun and Mitchell.

This bill was tabled.

By Mr. Duggan-
A bill to create a board of county commissioners for Randolph 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.

By Messrs. Miller and Deal-
A bill to provide for the establishment of a dispensary in the city of Statesboro.
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. Buchannan-
A bill to amend the Act creating the city court of Early -county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes werP. 28, nays 0.

THURSDAY, JULY 30, 1903.

349

The bill having received the requisite constitutional rna jority was passed as amended :
Amend by addin~ after the words and figures" five hundred dollars ($500)" in the twenty-third and twenty-fourth lines of section ~ of the bill the words " conditional for the performance of his duties as such solicitor, payable to the Governor of the State and his successors in office." The committee also amends by striking the word "to" in the twenty fourth line of section 2 of the bill and substituting the words '' and shall."

By 1\Ir. Bell-

A bill to amend section L378 of volume 1 of the Code relative to admission to the public schools.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majorty was passed as amended :
Amendments are amend by inserting in 11th line ofsection 1 of the bill after the word "shaH" the words; also after the word ''school" in said section the words "provided such children reside nearer such school or said school is more accessible to the residences of such children than any public school in the county of their residence"; also amend said section of said bill by inserting in 29th line after the word school the words "provided such children reside nearer such school or 10aid school is more accessible to the residences of such children than any public school in the county of their residences."
By Mr. Rainey-

A bill to authorize the board of county commissioners of

:350

.JOURNA.J~ OF THE SENATE.

Terrell county to pay reasonable compensation to the officers of said county for misdemeanor convicts.

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:

Amend section 3 by adding in line eleven of said section between the words "Dawson" and ''shall" the words for services rendered in said count after the passage of this Act."

Also by adding in the fourteenth line of the second section between the words ''annual" and "out" the words ''in monthly payments."
.By Mr. Tracy-

A bill to prohibit the sale of spirituous liquors in \Vebster -county except as herein provided for.
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 c0nstitutional rna-jority was passed.

By Mr. Owen-

A bill to amend the Act establishing the city court of :Barnesville.

Report of the committee was agreed to.

Upon the: passage of the bill the ayes were 25, nays 0.

THURSDAY, JULY ~0, 1903.

351

The bill having received the requisite constitutional majority was passed.

Sy Mr. Reed-
A bill to pay off and retire bonds of the State as they mature.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.
The bill h~ving received the requisite constitutional majority was passed.

The following Senate bill was read second time :

By 1\Ir. Duncan-
A bill to define and regulate the business of industrial life insurance.

By Mr. Davis--
A bill to amend section 1908 of the Code providing by whom banks shall be managed.
This biU was recommitted.

By Mr. HopkinsA bill to amend an Act establishing a system of public
.schools in the city of Thomasyille.
This bill was recommitted.
On motion, when the Senate adjourns to-morrow it will stand adjourned until Monday morning at 11 o'clock.
Senator Clements was granted leave of absence until .Monday.
On motion, the Senate adjourned until to-morrow morning at 10 o'cl-ock.

352

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLA:XTA, GEORGIA,
Friday, July 31, 1903. 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.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
llf1. President: The House has passed by the requisite constitutional
majority the following bills of the House, to wit:
A bill to amend section 453, volume 3 of the Code of 1895, and for other purposes.
The House bas adopted the following joint resolution, and invites the concurrence of the Senate:
A resclution accepting the portrait of Ex-Governor James S. Boynton.
The House has also anopted by substitute the following resolution of the Senate :
A resolution to appoi!lt a committee to report upon the cbargeil of lobbying.

FRIDAY, JULY 31, 1903.

353

The House has concurred in the following resolution o the Senate, to wit:

A resolution providing for a joint session of the General Assembly on Friday, July 31, at 12 o'clock.

The House has passed by the requisite constitutional majority the following Senate bills :

A bill to amend section 2180 of the Code, and for other purposes.

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

Mr. President:
The Committee on Education ha,; 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 an Act establishing a system of public schools in the city of Thomasville.

Respectfully submitted. M. L. LEDFORD, Chairman.

Mr. Ledford, chairman pro tem. of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing bas examined the followlowing bills, which are found to be correctly eugrossed and ready for transmission to the Honse :
A bill to amend the charter of the city of Gainesville.
23s

.354

JOURNAL OF THE SENATE.

A bill to repeal section 233, volume 1 of the Code, and to provide that the year for reports of public officers shall be coincident with the fiilcal year.

A bill to amend section 982, volume 1 of the Code, so that the Governor may appoint not more than two banks as State depositories in cities of 6,500 or more.

Respectfully submitted. M. L. LEDFORD, Chairman pro tern.

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

][r. President:
The General Judiciary Committee bas had under consideration the following bills of the Senate, which I am instructed to report back with the recommendation that they do pass:

A bill to provide for the appointment of probation officers, and to define their duties, and for other purposes.

A bill to cede to the United States jurisdiction over certain land in the city of Gainesville.

Also, that the following bill of the Senate be reported back with the recommendation that it be referred to the Special Judiciary Committee.

A bill to change the mode of remuneration of solicitorgenerals by paying them a stipulated salary.

Also, that the following bills of the House do pass :

FRIDAY, .JuLY 31, 1903.

355

A bill to abolish the "days of grace" recognized by custom in this State, and for other purposes.

Also, a bil1 to amend an Act entitled "an Act to make it unlawful for any person to employ or contract with, as tenant or cropper, any person under contract with another, :and for other purposes."

Respectfully submitted.

H. H. PERRY, Chairman.

Mr. Tisi nger, chai rmao of the Special Judiciary Committee, submitted the following report :

.Mr. P1'esident:
The Special Judiciary Committee has had under consideration the following bill of the House, which J am instructed to report back with the recommendation that it <lo pass:
A bill to amend an Act to create the city court of Americus, and for other purposes.

Respectfully submitted. B. L. TrsiXGER, Chairman.

Mr. l\Iiddlebrooks, chairman of the Cummittee on Corporations, submitted the following report:

]Jr. President:
The Committee on Corporations has had under consideration the following House bill, which it instructs me toreport with the recommendation that the same do pass as amended:

356

JOURNAL OF THE SENATE.

A bill to establish a new charter for the town of Lafayette, in. Walker county.

The committee has also had under consideration the fol-lowing Senate bill, which it instructs me to report with the recommendation that the author be allowed to withdraw it :

A bill to establish a new charter for the town of Lafay-. ette in Walker county.

Reapectfully submitted. L. L. MIDDLEBROOKs, Chairman.

The following Senate resolution was taken up with, House substitute, the substitute being concurred in:

By Mr. Skelton-
A resolution appointing a committee to investigate the. charges of lobbying.

Mr. Skelton asked to be relieved from serving on the committee, and Senator Perry was appointed in his place.

The following House bill was read first time :

By Mr. Calvin-
A bill to amend section 453 of the Code, which relates. to vagrancy.

Referred to General Judiciary Committee.

The following Senate bill was withdrawn by its author_

By Mr. Lee-
A bill to establish a new charter for the towa of Llfayette, in Walker county.

FRIDAY, JULY 31, ]903.

357

The fo1lowing House bill was read third time t'> be put ''Upon its passage :

By Mr. Bucbannon-
A bill to amend tbe Act creating the city court of .Early county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0 i the bill having received the requisite constitutional majority was passed as amended.
Amend by adding at the end of section 2 the following: "and all indictments for misdemeanors found by the grand jury shall, by the solicitor-general of the Pataula circuit, be transierred to the city court for the 'County of Early, there to be tried as provided by law." Also amend by adding to section 1 the following : "Upon a demand for indictment by grand jury being made by any defendant, the judge of the city court, at his discretion, shall either allow said demand, in which event he shall bind the defendant under suitable bail for his appearance at next session of the superior court, to answer to the indictm-nt of the grand jury; or he may disallow the .demand, in which event the case shall not be for trial without the consent of the defendant until the quarterly session of said court next succeeding the expiration of (3) three months from the date of said demand, when he may, after the expiration of said three months, be tried without indictment, notwithstanding such demand."

The following House bill was read second time and reCOmmitted to Appropriation Committee:

358

JouRNAL oF THE SENATE.

By Mr Howard-
A bill to appropriate $15,000 to the Georgia Sanitaria !Ill for certain improvements.

The following Honse bill was read second time:

By Messrs. Lane and Hixou-
A bill to amend the Act creating the city court of Americus.

The following House resolution was read and adopted :

By Mr. Flint-
A resolution that as a mark of esteem in which the esteemed Georgian is held that the portrait be accepted of Ex-Governor Jas. S. Boynton.

The following Senate bills and resolutioEs were read. third time to be put upon their passage :

By Mr. Hopkins-
A bill to amend the Act establishing a system of publicschools in the city of Thomasville.

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. Williams-
A resolntiou for the relief of J. K. McAfee, J. R. Griceo
and vV. H. Haley, suretie!:i on bond of Charlie Harris.

Report of the committee was agreed to.

FRIDAY, JULY 31, 1903.

359

Upon the passage of the bill the ayes were 23, nays 0; the resolution having received the r~quisite constitutional majority was passed.

The following House bills were read second time :

By Mr. Thurman-

A bill to establish a new charter of the town of Lafayette, in Walker county.

By Mr. George-

A bill to amend the Act making it unlawful to contract with a person already uud~r contract with another.

By Mr. Calvin-

A bill to abolish the days of grace in this State.

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

~tfr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to wit:
A bill to amend an Act to amend section 583 of the Code relative to !!.lternative road law.
Mr. Christie, chairman of the Committee on Banks, submitted the following report:
Mr. President:
The Committee on Banks has had under consid~ration

360

JOURNAL OF THE SENATE.

the following Senate bill, which it instructs me to report back with the recommendation that it do pass:

A bill to amend section 1908, Vol. 1, which provides by whom banks shall be managed.

The committee has had under consideration the following House bill, which it instructs me to report back with the recommendation that it do pass:

A bill to amend the charter of the Savannah Trust Co.

Respectfully submitted. S. R. CHRISTIE, Chairman.

The following Senate bill was read third time to be put upon its passage :

By Mr. Perry-
A bill to provide for probation officers in this State and define their powers.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

The following House bill was read third time to be put upon its passage:

By 1\fr. DunbarA bill to amend the charter of the city of Augusta. Report of the committee was agreed to.

FRIDAY, JuLY 31, 1903.

361

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

The following House resolution was read second time and recommitted to the Appropriation Committee:

By Mr. Dunbar-
A resolution to appropriate $50,000 to D~partment of Agriculture to make a display at the St. Louis exposition.

The following House hill was read first time:

By Messrs. Pate and Fields-

A bill to amend section 583 of the Code.

Referred to Agricultural Committee.

The following Senate bill was read third time to be put upon its passage:

By Mr. Park-
A bill to amend the Act establishing a dispensary m Hogansville.

Report of the committee was agreed to.

Upon the passage of the bill the ayee were 24, nays 0.

The bill having received the requisite constitutional majority was passed.
The following Senate bill was read first time:

362

JOURNAL OF THE SENATE.

By Mr. Park-

A bill to provide for the sale of stocks, wares and merchandise in bulk, and for other purpoHes.

Referred to General Judiciary Committee.

The following Senate bill was read second time :

By Mr. Perry-

A bill to cede jurisdiction to the United States of certain. lands in Gainesville to erect a post-office.

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

By Mr. George-

A bill t0 empower the mayor and council of Madison to iEsue bonds to erect water-works.

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 ma- jority was passed.

By Messrs. Rogers and Thompson-

A bill to incorporate the town of Oakwood, in HalL county.

Report of the committee was agreed to.
upon the passage of the bill the ayes were 25, nays o_

FRIDAY, JuLY 31, 1903.

363:.

The bill having receiYed the requisite constitutional majority was passed.

By Messrs. Mayson and Candler-

A bill to provide for the registration of the qualified. voters of Lithonia.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

By 1\fr. West-
A bill to amend the Act incorporating the Merchantd" Bank of Valdosta.
Report of the committee was agreed t~.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Alexander-
A bill to amend the Act establishing the city court of Washington, in Wilkes county.

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.

364

JOURNAL OF THE SENATE.

By Mr. Newton-

A bill to incorporate the town of Kingwood, in Colquitt COUnty.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Mann and Strickland-

A bill to create a board of commissioners of roadR and .revenues for Tattnall county.

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. Stovall-

A bill to provide a salary for each alderman of the city -of Savannah.

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.

The following House bill was read second time :

FRIDAY, JULY 31, 1903.

36&

By Mr. Cann-

A bill to amend the charter of the Savannah Trust Co.

'!'he following Senate bill was introdui'Jed by consent and read first time :

By Mr. Highto\ver-
A bill to establish, maintain and regulate a dispensary in the town of Arlington.
Referred to Committee on Temperance.

The hour of 12 o'clock having arrived for the joint session of the House and Senate to hear the address o( Hon. Walter B. Hill, Chancellor of the State University, the Senate repaired to the House of Representatives, and the joint session was called to order by the President. At the conclusion of the address the Senators returned to the Senate Chamber.
Upon request of Senator Perry he was excueed from service upon the investigating committee to investigate charges of lobbying under joint resolution of General Assembly, and Senator Hopkins was appointed in his place.
Upon motion, the Senate then adjourned to_ meet at 11 o'clock a.m. Monday next.

:366

JoURNAL OF THE SENATE.

SE"ATE CHAMBER, ATLANTA, GEOR(;IA,
l\Ionday, August 3, 1903.
The Senate met pursuant to adjournment at 11 o'clock; 'lvas called to order by the President.
Prayer was offered by the Chaplain.
Upon motion, the roll-call was dispensed with.
The Journal of Friday was read and approved.
The following message was received from His Excellency, ~the Governor, through his Secretary, l\Ir. Blackburn :
M1'. President:
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 <>ession.
Mr. Ledford, chairman pro tem. of the Committee on Engrossing, submitted the following report:
.M1'. President: The Committee ou Engrossing has examined the follow-
ing bills and resolution, which it finds correctly engrossed :and ready for transmission to the House:
A bill to amend Aet establishing a Dispensary at Hogansville, Ga.
A bill to amend Act establishing a system of public schools for Thomasville, Ga.
A bill to provide i0.r the appointment of probation .officers.

MONDAY, AUGUST 3, 1903.

367

A resoluiion for the relief of J. K. McAfee, J. R. Grice
and W. H. Raley; sureties on the bond of Charlie Harris.
Respectfully submitted. M. L. LEDFORD, Chairman pro teru.
1\lr. Symons, chairman of the Enrollment Committee, submitted the following report:
111r. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House the followin~ Acts, to wit:
An Act to amend section '~180 of volume 2 of the Code <>f 1895, which provides for the incorporation, control and management of suburban and street railway companies.
Respectfully submitted.
w. F. SYMONs, Chairman.
1\lr. Jordan, chairman of the Committee on Agriculture, :submitted the following report:
111r. President: The Committee on Agriculture has had under considera-
tion the following House hill, which it instructs me to report with the recommendation that the same do pass as amended.
A bill to provide for the removal of obstructions from the ,streams of Morgan county.
Respectfully submitted.
. C. H. JoRDAN, Chairman.
Mr. Middlebrooks, chairman of the Committee on Corpo.rations, submitted the following report:

368

JouRNAL oF THE SEXATE.

}b. President:
The Committee on Corporations has had under consideration the following House bill, which it instructs me toreport with the recommendation that the same do pass.

A bill to establish a new charter for the town of Byron, Houston county.

Respectfully submitted. L. L. MIDDLEBROOKS, Chairman.

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

Mr. President:

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

By Mr. Howell-

A bill to amend the charter of the city of Atlanta.

By Mr. Taylor of the 42d-

A bill to incorporate the town of l\Ienlo.

By Mr. Tisinger-
.A bill to change the time of holding court in Upson county.

By Mr. Lee of the 44th districtA bill to incorporate the Kensington school district.

Also, the following bill passed as amended :
A bill to establish a sy.;;tero of public schools in Pierce county.

MoxDAY, AuausT 3, 1903.

369

The House has also adopted the following joint resolution and invites the concurrence of the Senate :

A resolution requesting the Governor to return House .bill No. 455.

The House has also adopted the following resolution and invites the concurrence of the Senate:
A resolution authorizing the joint committee appointed under resolution I\ o. 35 7 to em vloy a etenographer.
1\Ir. Symons, chairman of the Enrollment Committee, .submitted the following report:

.Mr. President:

The Committee on Enrollment report as duly enrolled, .signed by the President of the Senate and Speaker of the House the following Act, to wit:
An Act to amend section 2180 of volume 2 of the Code <Of 1895, which provides for the incorporation, control and management of suburban and street railway companiee.

Respectfully submitted.

"\V. F. SYMONS, Chairman.

Leaves of absence were granted Senators McClure and Allen.

Mr. Harrell asked to be relieve.d from serving on the committee to investigate charges of lobbying on account of the ,short time allowed to make said investigation. At therequest of the chair the Senator withdrew his request.

The following House bills and resolutions were read sec~nd time and recommitted:

370

JoURNAL OF THE SENATE.

By Mr. Booth-

A resolution for the relief of S. S. Duke from taxes 1898 and 1899.

By Mr. Calvin-
A bill for the protection of birds and their nests m thisState.

By Mr. Tigner-
A bill to fix the number of days each person shall be subject to road duty.
The following Senate bills were read third time to be put upon their passage:

By Mr. Perry-
A bill to cede to the U. S. certain lands in the city of Gainesville to erect a post-office.

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 l\Ir. Davis-
A bill to amend section 1908 of the Code, whtch provides. who shall manage banks.
Report of the committee was agreed to'.
C'pon the pa~sage of the bill the ayes were 26, nays 0.

Mo~DAY, AuGusT 3, 1903.

371

The bill having received the requisite constitutional majority was passed.
The following House bills were read third time and put upon their passage:

By Messrs. Lane and Hixon-

A bill to amend the Act creating the city court of Americus.
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. Thurman-

A bill to establish a new charter for the town of Lafayette, in Walker 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 as amended, and amendments are as follows:
Amend SE:'ction 34 of said bill by striking out the words ''telegraph, telephone" in seventh line of said section; and further amend mid section by striking out the words "con. Yenient or" in the twelfth line of said section; and further amend section by striking out the word "use" in the thirtP.enth line of said section and insert instead thereof the word "welfare"; also, further amP.ncl said section uy striking out the word "any," which is the seventh word from the end

372

JOURNAJ, OF THE SENATE.

of said section, and inserting instead the words ''the above described," so that said section, when amended, shall read :

Sec. 34. Be it further enacted, That the mayor and coun_ dl shall have the power and authority to contract debts and issue bonds of said city under and in accordance with limitations provided in the Constitution of this State and the general laws applicable to municipalities, and with the funds arising from the sale of any bonds thus issued may refund any existing debt, establish and maintain a system of water-works, gas-works, a system of electric lights and a street railroad system, or they may grant franchises to any person or persons, firm or corporation, to purchase, acquire, erect, own or operate, manage and control waterworks, gas-works, electric lights, telephone, telegraph or street railroad systems. They shall also have authority to erect public buildings or any improvements necessary for the welfare of the citizens of said town, and to create a debt and issue bonds o said city for the above described purposes under the limitations herein provided.

By Mr. Cann-

A bill to amend the charter of the Savannah Trust and Safe Deposit Company.

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. George-

A bill to provide for the removal of obstructions in the streams of Morgan county.

. Report of the committee was agreed to.

MoNDAY, AUGUST 3, 1903.

373

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

Amendments are as follows:

Amend by striking the words "1903" in the second line of section 1 and substituting therefor the words "1904"; amend further by striking all of sections 2 and 3 and substituting therefor the following:

Section 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to move the obstructions as provided in section 1 hereof by the first day of September of each year, from streams running through his lands or from his half of streams dividing his lands from . lands of another, then, and in that event, the county commissioners, of their own motion or at the instance of any citizen of the county, shall cause said obstructions to be moved in accordance with the provisions of section 1 hereof, under the direction of one of their number or of the sheriff, deputy sheriff or any lawful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner. Said county com missioners are hereby empowered, after said obstructions have been removed and the expenses therefor ascertained,
to issue a fl. fa. for said costs and expenses against said defaulting landowner, which fl. fa. may be enforced as tax .fi. fas., and shall be a lien upon all the property of the de
faulting landowner superior to all other liens except liens for taxes.

The following joint resoluLioh was read and concurred in:

By Mr. Howard-
A resolution to appoint a stenographer for the joint com mittee to investigate lobbying.

374

JouRNAL oF THE SENATE.

The following Senate bill was read first time:

By Mr. Coruas-
A bill to amend the Act establishing the city court of Baxley in Appling county.

Referred to the Special Judiciary Committee.

House amendments to the following bill of the Senate were concurred in:

By Mr. Comas-
A bill to establish a system of public schools for Pierce county.
The following House bill was read second time and recommitted:

By Messrs. Pate and FieldsA bill to amend section 583 of the Code relathe to the
alternative road law.
The following House bill was read third time to be put upon its passage:
By Mr. Calvin-
A bill to abolish "the days of grace" in this State.
Report of the committee was agreed to.
Upon the passage of the bill the ayes and nays were ordered and the vote was as follows:

MONDAY, AUGUST 3, 1903.

375

Those voting in the affirmativ~ were JV[essrs.-

.Atkinson, Christie, Clements, comas, Davis, Golden, Harrell, .Hightower,

Hopkins, Jordan, Lee. Ledford, Lewis. McLean, Middlebrooks, Park,

Perry, Smith, Snead. Sweat, 8ymons, \Vorsham, Mr. President.

Those voting in the negative were Messrs.-

:Dodd,

Duncan of lOth,

Merritt,

Tho~e not voting were Messrs.-

.Allen, Clark, Crumbley, Duncan of 36th, Hudson, :Mathews,

McClure, McMichael, l\1oore, Reid, Roberts, Skelton,

Ayes 23, nays 3.

Stevens, Taylor, Tisinger, Turner, Van Buren, Williams,

The bill having received the requisite constitutional majority was passed.

The following House resolution was read and concurred
111:
By Mr. Blackburn of Fulton-
A resolution requesting the Governor to return House .bill No. 455 to the House.

The following Senate bill was read second time and re 'eommitted:
'By l\fr. Park-
A bill to regulate the sale of stocks of goods, wares or :merchandise in this State.

376

JoURNAL OF THE SENATE.

The following Senate bill was read third time to be put. upon its passage:

By Mr. Sweat-
A bill to provide for the closing of private ways in thisState.
On motion this bill was tabled.

The following message was received from his Excellency,. the Governor, through his Secretary, Mr. Blackburn:

ltlr. P1esident:
His Excellency, the Governor, has approved and signed the following Acts, to wit:
An Act to prohibit the manufacture of distilled spirits in.. Hart county.
An Act to amend the charter of the city of Douglas.
An Act to authorize the issue of bonds b-y the county of Pierce, to aid in building and equipping seboolhouses.
The following House bill was read t.hil'dl time to be put. upon its passage:
By Mr. GeorgE\A bill to amend the Act making it unlawful to contract.
with a person after having contracted with another.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 24~ nays 0..

Mo~DAY, AuGusT 3, 1903.

377:

The bill having received the requisite constitutional majority, was passed.
The following House bill was read second time :

By Mr. RichardsonA bill to establish a new charter for the town of ByronThe following Senate resolution was read first time:_

By Mr. Perry-
A resolution to pay pension of J. S. Brazile in Han, county.
Referred to the Finance Committee. The following Senate bill was read third time :
By Mr. Duncan-
A bill to define and regulate the business of industrial~ life insurance.
On motion, this bill was tabled.
Senator Middlebrooks was granted leave of absence for Wednesday.
At 12:15 the Senate went into executive session.
On motion, the Senate adjourned until to-morrow morning at. 10 o'clock.

378

JoURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 4, 1903. 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. The following message was received from the House through .Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House bas passed by the requisite constitutional majority the following bills of the House, to wit:
A bill to incorporate the Smyrna school district.
A bill to revise !lnd consolidate the game laws of this State. A bill for relief of J. W. Wilcox.
A bill to amend the charter of the city of Augusta. A bill to provide for a solicitor for county court of Oconee -county. A bill to amend section 982, volume 1 of the Code of 1895.
A bill to incorporate the Oak Grove school district in Dooly -county.
A bill to amend Act to establish a system of public schools in .the town of Lawrenceville.

Tl'ESDAY, AUGUST 4, 1903.
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 bills of the House, to wit :
A bill to create a uniform system of text-books, and for other purposes.
A bill to incorporate Concord school district.
A bill to create city court of Brunswick.
A bill to give entire charge of roads to board of commiesion-ers Camden cou:uty.
A bill to incorporate the town of Barwick. A bill to provide manner of fishing in Flint river.
A bill to amend charter of Warrenton.
A bill to incorporate town of Sand Hill. A bill to establish a board of commis~ioners for Bibb county.
A bill to amend the Act to incorporate the town of Kite. A bill to amend Act to incorporate N. E. Ga. Loan and Banking Co.
A hill to amend Act granting license in Telfair county.
Mr. Hudeon asked unanimous consent to take up Houee bills Nos. 491, 534, 551 and put them on their passage.
Mr. Perry moved to table the bills, which motion was lost. The following are the bills :

380

JouRNAL OF THE SEN.ATE.

By Mr. Rainey-

A bill to incorporate the Sasser school district in Terrell' county.

Report of the committee was agreed to.

Mr. McMichael moved to recommend this bill to the Constitutional Amendments Committee, and confer with the AttorneyGeneral and school commissioner. This motion was carried.

The following resolution was read first time:

By Mr. Smith--

A resolution authorizing the Commissioner of Agriculture to have the walls of his office repaired.

Referred to the Appropriation Committee.

By unanimous consent the following Senate bill was read second time and recommitted:

By Mr. Comas-

A bjll to amend the Act establishing the city court of Baxley in Appling county.

The following Senate bills were read first time :

By Mr. Comas-

A bill to require railroad companies to equip flat cars to carry lumber.

Referred to the Special Judiciary Committee.

By 1\fr. Tisinger-

A bill to provide for the use of the application and evidence

TuESDAY, AuousT 4, 1903.

381

thereto attached on file in the office of pension commissioner as .competent testimony in certain cases.

Referred to the Pension Committee.

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

JJfr. President:
The Committee on Constitutional Amendments has had under Consideration the following bill of the House, which I am in.structed to report back with the recommendation that it do not pass.
A bill to incorporate the Leonard school district, in Cobb county, and for other purposes.
H. H. PERRY, Chairman.
Mr. Perry, chairman of the General Judiciary Committee, made the following report:

JJfr. President:
The General .T udiciary Committee has had under consideration the following bill of the Senate, which I am instructed to report back, with the recommendation that it do pass.
A bill to regulate the sale of stocks of goods, wares and merchandise in bulk, and for other purposes.

Also, that the following bill of the Senate do pass as amended:
A bill to prohibit railroad, express, telegraph or telephone -companies issuing passes or franks, and for other purposes.

Also, that th~ following bill of the Senate do pass by substitute as amended :

382

JOURNAL 01<' THE SENATE.

A bill to prohibit the sale of cotton futures in this State, and for other purposes.

Also, that the following bill of the House do pass as. amended:
A bill to protect fish in the county of Hall. H. H. RERRY, Chairman.

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

The Committee on Engrossing has examined the following bills, which are found to be correctly engrossed and ready for transmission to the Honse, to wit:

A bill to amend section 1908, volume ~ of the Code of 1895, which provides by whom banks shall be managed.

A bill to cede jurisdiction to the United States over certain land in Gainesville.

_Respectfully submitted.

A. B. DuNCAN, Chairman.

:Mr. Symom, chairman of the Committee on Enrollment, submitted the following report:

~Jr. President:

The Committee on Enrollment report as duly enrolled, signed by the President of the Senate and Speaker of the House, and delivered to the Governor, the following Acts, to wit :
An Act to amend an Act e>tablishing a new charter for the city of Atlanta, approved February 28, 187 -L

TUESD.\Y, AL"GUST 4, 1903.

383

An Act to change the time of holding the fall term of the Upson superior court.

Respectfully aubmitted.

,V. F. SYliiONS, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:
Mr. President :

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House the following Act~, to wit:

An Act to amend an Act establishing a new charter for the city of Atlanta, approved February 28, 1874.
An Act to change the time of holding the fall term of Upson superior court.

Respectfully submitted.

W. F. SYllroxs, Chairman.

Mi. President :

The Committee on State Sanitarium desire to submit the following report:
'Ve arrived at the institution on the night of July 9 and remained there until the morning of the 13th. Subcommittees were appointed to visit all of the different departments, and careful investigation was made as to the management and conclition of each.
'Ve find the buildings in perfect order, except the large new buildings, the wings of which are incomplete as t the interior. The completed part i~ capable of receiving 1100 inmates, and the wings, when fini~he.l, can receive 800. The machinery necessary for the yarions plants is quite varied and extensive.

~384

JouRNAl. oF THE SENATE.

It appears in perfect condition, and its appearance and effective.ness reflect credit upon the ability and zeal of Mr. T. H. De.S.mssure, the engineer in charge.
The sanitary conditions in the various buildings seem perfect, _and the extreme cleanliness, which everywhere prevails, commands our unqualified admiration.
We examined the stock and dairy and find the cattle and hogs well cared for and everything in excellent conditiotJ.
The colony farm was visited, and what we observed afforded us great satisfaction. We believe that the general health of the patients, both mental and physical, improves more rapidly there with moderate exercise than anywhere else at the San.itarium. The work is supervi-ed by skilled attendants and nurses, a!!d the same medical attention is given as to the Sanitarium proper. We believe if this feature receives the necessary encouragement from the State, by providing accommoda-tions for two or three hundred of the convalescents, it will be -entirely self-sustaining in a few years.
Regarding the financial management of the institution, we .can add nothing to the report submitted during the ses5ion of 1902. "\Ve then said : "The wonderful exhibit made iu the -management of its financial affairs is such as to be a subject .almost of amazement. The syetematic method in which all accounts are kept is as near perfection as could be desired, and the care exercised in making purchases is such as to elicit our unqualified approval and commendation."
This we reaffirm, and could we add anything more commen-datory we would gladly do so.
The Board of Trustees, in the report rendered to Governor Candler on September 18th, 1902, estimated that an appropri.ation of $::!40,000 for 1903 w~uld enable them to care for 3,100 inmates, basing these figures upon an annual per capita cost of .$109.68.. The Legislatu.re appropriated $325,000, from which it was specified should be paid the salary of the Superintendent ,and the salaries and expenses of the trustees, these being items which had hitherto, for .ma.oy years, been provided for in :another appro_priation.

TuESDAY, AUGUST 4, 1U03.

385

From the report submitted to Governor Terrell, on May 28th of this year, we learu that the numher of patients then in the institution was 2, 716, and that as soon as the new buildings were
furnished and equipped with the present appropriation, on~y 265 additional patients could be cared for. On July 11th we find that the number had increased to 2,822, but in order that some of these might be received, in many rooms it has been necessary to place two patients. This is a very undesirable proceeding, and it is hoped that, the new buildings can soon be occupied and the patients furnished with the proper accommodations.
'Vith the new quarters equipped, however, while there will be ample room for all applicants (and there are now on file 470 applications), yet with the present appropriation for maintenance only 159 more could be received.
'Vhat disposition shall we make of the other 311 unfortunates whose early admission may, in many instances, be the means of restoring reason, while delay and failure to receive proper treatment can only tend to hopeless insanity? This is a condition which we, as the State's representatives, have to meet, and your committee can only hope that it will be dealt with in that broad and liberal spirit which marks true statesmanship. If e\ery member of the Legislature could visit this grand institution, we feel confident that the result would be almost perfect unanimity in granting everything asked for by those who now have it in charge.
Trusting that this important matter will receive early consideration, and that all deliberations will be governed by that wisdnm which seeks to know the truth and that moderation which frowns down all extreme theories and vagaries, we are satisfied that justice, to the most unfortu11ate of all our citizens, will cause provision to be made for every applicant for admission to the Sanitarium.

Respectfully submitted. J. R. VAX BuRE~, Chairman.

l'he following House bills were read first time:
~5s

386

JouRNAL OF THE SENATE.

By Messrs. Steed and HixonA bill to incorporate the town of Sand Hill in Carroll count;

Referred to the Corporation Committee.

By Mr. WestA bill to create a State school- book commission. Referred to the Educational Committee.

.By Mr. ProctorA bill to give to the commissioners of roads and revenues c
Camden county entire control of the roads of said county.
Referred to the Agricultural Committee. By Messrs. Kilburn, Felder and Hall-
A bill to establish a county board of commissioners for tl: county of Bibb.
Referred to the Special Judiciary Committee. By Mr. Butt~-
A bill to amend the Act establishing the city court of Brun wick.
Referred to the Special Judiciary Committee.

By Mr. Shackelford-
A bill to amend the Act incorporating the Northeast Geo gia Loan and Banking Company.
Referred to the Banks Committee.

TuESDAY, AuausT -!, 1903.

387

1By Mr. Kent-

A bill to amend the Act incorporating the town of Kite.

Referred to the Corporation Committee.

By Mr. Owen-
A bill to incorporate the Concord school district in Pike .county.
Referred to the Educational Committee.

By Mr. Wise-
A bill to provide the manner of fishing in Flint river and all .the streams in Fayette county.
Referred to the Agricultural Committee.

By Mr. Rountree-
A bill to incorporate the town of Bostwick, in the counties of "Thomas and Brooks.
Referred to the Corporation Committee.

:By Mr. EnglishA bill to amend the charter of Warrenton in Warren county. Referred to the Corporation Committee.

J3y Mr. Cook-
A bill to amend the Act to prescribe the mo:le of granting liicense to sell intoxicating liquors in Telfair county.
Referred to the Temperance Committee.

JouRNAL oF THE SENATE.
By Mr. Flanigan-
A bill to amend the Act establishing the system of public schools in Lawrenceville.
Referred to the Educational Committee.
By Mr. Harden-
A bill to consolidate the laws of this State relative to game and fish.
Referred to the General Judiciary Committee.
By Mr. FieldsA bill to incorporate the Oak Grove school district in Dooly
county.
Referred to the Conetitutional Amendments Committee. By Mr. Rankin-
A bill to amend section 982 of the Code so as to add the town of Calhoun in Gorden county to the list of State depositories.
Referred to the Committee on Banks.
By Mr. FosterA bill to amend section 3 of the Act providing for a solicitoi""
of the county court of Oconee county to fix his fees. Referred to the Special Judiciary Committee.
By Mr. FelderA bill for the relief of J. W. Wilcox.
Referred to the Special Judiciary Committee.

TUESDAY, AUGUST 4, 1903.

389

"By Mr. Morris-

A bill to incorporate the Smyrna school district in Cobb county.

!Referred to the Constitutional Amendments Committee.

By 1\Ir. Dunbar-
A bill to amend the charter of the city of Augusta, providing for the pensi,miug of retired members of the police and fire de_partments.
Referred to the Corporation Committee.
The following House bill was read third time to be put upon its passage:

By Mr. Richardson_.A bill to es~ablish a new charter for the town ~ Byron. .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.
Senate bill No. 173 was transferred from the Special J udici:ary Committee to the General Judiciary Committee.
The following House bill was read second time :
By Mr. Thompson-
A bill to prohibit the trapping or gigging fish in the county of Hall.

390

JoURNAL OF THE SENATE.

Senate bill No. 146 was made special order for to-morrow morning immediately after the reading of the Journal.

At 11:40 the Senate went into executive session.

:M:r. Turner, vice-chairman of the Committee on Appropriations, made the following report:

Mr. President:
The Committee on Appropriations has had under consider ation the following bill of the House, which I am instructed t~ report back with the recommendation that it do pass:
A bill to appropriate the sum of fifteen thousand dollara for the Georgia State Sanitarium.
Also that the following House resolutions do pass by substitute:
A resolution to appropriate the sum of fifty thousand dollars. to the Department of Agriculture for an exhibit at the Lou isiana Purchase Exposition.
PauL TuRNER, Vice-Chairman.
The following bill of the House was read third time to be put upon its passage:

By Mr. Howard-
A bill to appropriate fifteen thousand dollars to the StateSanitarium.
Report of the committee was agreed to.
This being an appropriation the ayes and nays were ordered and the vote was as follows :

TUESDAY, AUGUST 4, 1903.

391

Those voting in the affirmative were Messrs.-

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

Hudson, Jordan, Ledford, Lewis, Mathews, McLean, Merritt, Moore, Park, Reid, Roberts,

Skelton, Smith, Snead, Sweat, Symons, 'l'aylor, Tisinger, Turner, Van Buren, Worsham,

Those not voting were 1Iessrs.-

Allen, Davis, Harrell, Hopkins,

Lee, McClure, McMichael, Middlebrooks,

Ayes 32, nays 0.

Perry,
Sievens, Williams,
:ur. President.

The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
ll:fr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to wit:

A bill to amend the charter of the city of Macon.
The resolution to appropriate fifty thousand dollars to provide for an exhibit of the State of Georgia at the St. Louis Exposition was made the second special order for to-morrrow.
Senate bill No. 192 was made the third special order for tomorrow.

392

.JOURNAL OF THE 8EXATE.

The following Senate bills were read second time and recommitted:

By Mr. Highto,ver-

A bill to establish and maintain a dispensary at Arlington.

By :M:r. Hudson-

A bill to amend section 4868 of the Code.

Leaves ofabsence were granted Senators Jordan and Williams.
On motion, the Senate adjourned until to-morrow morning at 10 o'clock.

SENATE CHA!IIBER, ATLANTA, GEORGIA,
Wednesday, August 5, 1903.
The Senate met pursuant to adjourment 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 appro\ed.
Mr. Davis, chairman of the Committee on Finance, 1:mbmitted the following report:
Mr. P1esident:
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:

WEDXESDAY, AUGUST 5, 1903.

393

A resolution to pay pemion of J. S. Brazile, of Hall -county, to his widow.

The committee has also had under consideration the fol lowing House re!:olution, which it instructs me to report with the recommendation that it do pass:

A resolution for the relief of G. S. Duke from taxes for 13~8 and 1899, as a manufacturer of whiskey, etc.
Respectfully submitted. WI>r. H. DAvis, Chairman.

Mr. Hudson, chairman pro tern. of the Committee on Agriculture, submitted the following :report:

JJ1r. President:
The Committee on Agriculture 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 give to the commission6rs of roads and revenues of the county of Camden entire charge of the roads Of said county.
Respectfully submitted. T. G. HunsoN, Chairman pro tern.

Mr. Tisinger, chairman of the C0mmittee on Special J udiciary submitted the following report:

Mr. President:
The Committee on Special Judiciary 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:

394

JOURNAL OF THE SENATE.

A bill to amend the Eeveral Acts establishing the citycourt of Baxley, in Appling county.

Respectfully submitted. B. L. TrsrNGER, Chairman.

By unanimous consent the following Senate bill was read' third time to be put upon its passage:

By Mr. Comas-

A bill to amend the Act establishing the city court of" Baxley, in Appling 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.
This bill was ordered imJ;Dediately transmitted to the House.

REPORT OF THE COMMITTEE ON ACADEMY FOR THE BLIND.
The Committee on Academy for the Blind submit the following report :
On the 22d inst. we visited this institution, met some of the members of the Board of Trustees, and conducted such investigations as conditions demanded.
The only matter of interest which it was necessary toconsider was the advisability of disposing of the present. location and acquiring another more suitable for the wel.. fare, development and safety of the pupils.
After examining the buildings and grounds, we are of the opinion that it would be wise to acquire another site for

WEDNESDAY, AUGUST 5, 1903.

395

the institution. We believe that the present property could be sold for a sufficient sum to not only purchase the land,. but to erect such buildings as should be provided for those who are afflicted with loss of sight.
In case of fire, the present buildings would prove a veritable death-trap, and the loss of life which would neces~a rily result would be shocking to contemplate. More space is needed for exercise and recreation of the pupils, and the buildings should be of such a character as to reduce the danger hazard to the minimum.
In the opinion of your committee, it would be wil:le to make such disposition of the present prorerty as would secure a more eligible situation, and on which could be erected such buildings as would be adapted to the character of the inmates.

Respectfully submitted. \V. A. \VoRSH.Allr, Chairman.

The following meesage was received from the House through Mr. 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 abolish trials for insanity, and for other purposes.

Also, a bill to prohibit the sale of vinous, spirituous, malt and intoxicating liquors in and for the county of Irwin, and for other purposes.
Also, a bill to amend section 98:2, volume 1 of the Code of 1895, and for other purposes.
Also, a bill to incorporate the town of Metter m Bulloch county.

396

JouRNA.L OF THE SENA.TE.

Also, a bill to prescribe the qualifications of jurors in courts of this State, and for other purposes.

Also, a bill to amend section 221, volume 3 of the Code, and for other purposes.

Also, a bill to establish the city court of Dublin, and for other purposes.
The House has passed the following resolutions of the House, to wit:
A resolution to pay E. R. Black certain compensation.
A resolution to consent on part of the State that the Atlanta and Birmingham Air Line Railway make all underpass crossing under tracks of the W. & A. R. R., in Cobb county.
A resolution authorizing the Treasurer to transfer any surplus funds from any class of pensioners to another class when the amount appropriated is insufficient.

The following special order was taken up.

By l\lr. Mathews-
A bill to amend paragraph 1, section 1, and paragraph 5, section 2 and add a new paragraph to article 6, section .2, to be known as paragraph 9 of the Constitution.
Report of the committee was agreed to.
This being a constitutional amendment the ayes and nays -were ordered, and the vote is as follows:

Those voting in the affirmative were :M:essrs.-

.Allen, .Atkinson,

Clark, Clements,

Comas, Crumbley,

WED~ESDAY, AuGUST 5, 1903.

397

Dodd, Davis, Duncan. of 36th, Golden, Harrell, Hopkins, Hudson, Ledford, Lewis,
Mathews,

McClure, McLean, McMichael, Merritt, Moore, Park, Perry, Reid, Roberts,

Skelton, Smith, Snead, Sweat, Symons, Taylor, 'J'isinger, Van Buren, "\'\'orsham,

Tho~e voting in t.he negative were Messrs.-
Christie,

Thot>e not voting were :Messrs.-

Duncan of lOth, Hightower, Jordan,

Lee, Middlebrooks, Ste>ens,

AyeR 34, nays 1.

Turner, \Villiams. Mr. President.

The bill having received the requi:>ite constitutional majority was passed, and the bill is as follows:

A BILL
To be entitled an Act to amend paragraph 1, section 1, and paragraph 5, section 2, and to add a new paragraph to article 6, section 2, to be known as paragraph 9 of the Constitution of this State, so as to provide for the establishment of a court of appeals, to define its powers and jurisdiction, and to limit the jurisdiction of the Supreme Court.

SEcTioN 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That paragraph 1, section 1, of article 6 of the Constitution of this State be amended so that the same shall read as follows: "The judicial powers of this State shall be vested in a Supreme Court, a court of appeal<',

JOURNAL OF THE 8EXATE.
'luperior courts, courts of ordinary, justices of the peace, -~ommi~sioned notaries public, and such other courts as have been or may be established by law."
SEc. 2. Be it further enacted by the authority aforesaid, That paragraph 5, section 2, article 6 of the Constitution .Df this State be amended so that the said paragraph shall read as follows, to wit: ''The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors from the superior courts and from the city courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in .other cities, in all cases of felony, and in all civil cases where the amount involved in money or the value of prop-erty in controversy exceeds one thousand dollars principal, .and in cases respecting title to land, cases involving title to a public office, habeas corpus cases, contempt cases, or cases where an Act of the General Assembly of the State of Georgia is sought to be set aside as being contrary to the Constitution of the State of Georgia or of the United States, .and a decision upon this constitutional question is made necesr::ary, and for the correction of errors of law from the court of appeals, when established, whene\'er the Supreme Court shall sanction a certiorari from any judgment rendered by the court of appeals, or whenever the court of appeals shall certify to the Supreme Court any questions or propositions of law concerning which it desires the instruction .of the Supreme Court for proper decisivn. The Supreme Court shall sit at the seat of government at such times in .each year as shall be prescribed by law, for the trial and determination of writs of error from said superior and city . courts, and of all cases, questions and propositions that may be brought or submitted to the Supreme Court from the court of appeals. The foregoing provisions shall not apply to any case carried to the Supreme Court before the establishment of said court of appeals, except that the Supreme Co,urt shall, without further legislation, transfer to the court of ,appeals, when established, all cases which :.by the terms of, this,pa.ragraph are not within the j urisdic-

WEDKESDAY, AuGusT 5, 1903.

399

tion of said Supreme Court, in which event the court of .appeals shall try all of said cases so transferred."

SEc. 3. Be it further enacted by the authority aforesaid, That the Constitution of this State be amended by adding a new paragraph to be known as paragraph 9 of section 2 of article 6, which shall read as follows: ''The court of appeals shall consist of a presiding judge and four associate judges. A majority of the court shall constitute a quorum and said court shall sit at the seat of government at such times in each year as shall be prescribed by law. When one or more of the judges are disqualified from deciding any case by interest or otherwise, the Governor shall designate a judge or judges of the superior courts to preside in said case. The presiding judge and the four associate judges of said court shall be appointed by the Governor by and with the ad vice and consent of the Senate, and the term of office of the judges so appointed shall expire on the first day of January, 1907, and at the general election to be held on the first Wednesday in October, 1906, the presiding judge and the four associate judges of said court of appeals shall be elected by the people for the terms beginning on the first day of January, 1907, at the same time and in the same manner as the Governor and the State House Officers are elected; at which election the presiding judge shall be elected for a full term of six years, and four asRociate judges shall be elected as follows : Two of said associate judges shall be elected for a term of four years and two of said associate judges shall be elected for a term of two years. After said first election all terms except unexpired terms shall be for six years each. In case of any vacancy which causes an unexpired term the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election and until his Ruccessorfor the balance of the unexpired term shall have been elected and qualified. The salaries of the judges of said court of appeals shall be fixed by the legislature at not less than three thousand dollars per an- num for each judge, payable out of the treasury of the

400

JOURNAL OF THE 8EKATE,

State. The court of appeals shall have jurisdiction for thetrial and correction of errors from the superior courts and from the city courts of Atlanta and Savannah and such other like courts as have been or may hereafter be established in other cities, in all cases in which jurisdiction is not conferred by this Constitution upon the Supreme Court. When a judgment of the court of appeals is taken to the Supreme Court of thls State for review the former court shall await the judgment of the latter before certifying the final result to the trial court. The General Assembly shall prescribe the officers for said court of appeals and the amount of compensation, and shall also prescribe in what manner cases shall be taken from the superior and city courts to the court of appeals and in what manner cases shall be taken or certified from the court of appeals to the Supreme Court."

SEc. 4. Be it further enacted by the authority aforesaid,
That whenever the above proposed amendments to the Constitution shall be agreed to by two-thir~s of the members elected to each of the two Houses of the General Assembly, the Governor shall, and he is hereby authorized and instructed, to cause said amendments to be published in at least two newspapers in each Congressional District of this State for the period of two months next preceding the time for holding the next general election.

SEc. 5. Be it further enacted by the authority aforesaid, That the above propo~ed amendments shall be submitted for ratification or rejection of the electors of this Rtate at the next general election to be held after publication, as provided for in the fourth section of this Act, in the several district:-; of this State; at which election every person ~hall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendments, or either of them, to the Constitution of thi;; State, shall haYe writ-
ten or printed or their ballots the words: ''For ratification of the amendment of paragraph 1, section 1, article 6 of

WEDXESDAY, AUGUST 5, 1903.

401

the Constitution" (for establishment of a court of appeals); " For ratification of amendment of paragraph 5 of section 2 of article 6 of the Constitution" (for limitation of writs of error to the Supreme Court); "For ratification of amendment by adding paragraph 9 to section 2, article 6 of the Constitution" (for judges and jurisdiction of court of appeals). And all persons opposed to the adoption of said
amendments, or either of them, shall have written or printed on their ballots the words: ''Against ratification of the amendment of paragraph 1, section 1, article 6 of the Constitution" (against establishment of a court of appeals); ''Against ratification of amendment of paragraph 5 of section 2 of article 6 of the Constitution" (against limitation of writs of error to the Supreme Court); "Again:;~t ratificatiof\ of amendment by adding paragraph 9 to section 2, article 6 of the Constitution'' (against judges and jurisdiction of court of appeals).

SEc. 6. Be it further enacted by the authority aforesaid, 'l'hat the Governor be, and he is, hereby authorized and directed to provide for the submission of the foregoing proposed amendments to the Constitution of this State to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if either be ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in case of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation, for one insertion, in one of the daily papers of this State, announcing such result and declaring the amendment or amendments ratified.

SEc. 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

The next special order was taken up which is a resolution

402

JOURNAL OF THE SENATE.

By Mr. Dunbar-

A resolution to appropriate $50,000 to the Agricultural Department to make a display at the St. Louis Exposition.

Mr. Tisinger moved to disagree to the report of the committee. The previous question was called, and ordered. The question was put as to whether the report of the committee would be agreed to or not, the vote was as follows:

Those voting in the affirmative were :Messrs.-

Atkinson, Christie, Clark, Comas. Crumbley, Davis, Duncan of lOth, Hopkins,

Hudson, Mathews, McLean, ::\Ioore, Park, Perry, Reid, Smith,

Snead, Stevens, f:wat, Symons, Taylor, Turner, Van Buren, Worsham,

Tbo:::e voting iu the negative were J\.:l:essrs.-

Allen, Cle>nents, Dodd, Duncan of 36th, Harrell,

Ledford, Lewis. McClure, McMichael,

Merritt, Roberts, Skelton, Tisinger,

Those not voting were :M:essrs.-

Golden, Hightower, Jordan,

Lee. Middlebrooks,

Ayes 24, nays 13.

Williams, l\Ir. President.

The report of the committee was agreed to.

Upon the passage of .the bill the ayes and nays were -called and the vote was as follows :

WEDNESDAY, AUGUST 5, 1901.

403

Those voting in the affi.rmative were Messrs.-

.Aikins on,
<Cluistie,. .Clark, .Comas, .Crumbley, .Daris, Duncan of lOth,
:Hopktna,

IIudson, Mathews. McLean, 1\:Ioore, Park, Perry, Reid, Smith,

Snead,
Stevena,
Sweat, a,mona, Taylor, Turner, Van Buren, Worsham,

Those voting in the negative were Meers.-

AUen,
<:lements, Dodd, Duncan. of 36th,
-Golden,

Harrell, I.edford. Lewis, McClure, McMichael,

1\Ierritt, Roberta. Skelton, TiSinger,

'!'hose not ,oting were Messrs.-

'Hightower, .Jordan,

I.ee. Middlebrooks,

Williams, Mr. President.

Ayes 24, nays 14.

The resolution was passed by substitute, and ordered 'immediately transmitted.
The following Senate bills were read first time:

13y Mr. Davis-
A bill to amend section 765, volume 3 of the Code, referTing to certiorari from county courts.

Referred to General Judiciary Committee. Dy Mr. Perry-
A bill to provide for the establishment and maintenance

404

JoURNAL OF THE SENATE.

of schools of agriculture and mechanic arts in the respec--.. tive congressional districts of this State.

Referred to Committee on Education.

The following House bill;; were read first time :

By Mr. Richardson-
A bill to amend section 221 of the Code relative to the posting of lands.
Referred to the Agricultural Committee.

By Mr. Booth-

A bill to prescribe the qualifications of jurors m this State.
Referred to the General Judiciary Committee.

By Mr. Deal-
A bill to incorporate the town of Metter in Bulloch county.
Referred to the Corporation Committee.

By Mr. Burton-
A bill to amend section 982 of the Code so as to add the town of LaYonia to the list of State depositories.

Referred to the Banks Committee.

By ~Ir. PolkA bill to prohibit the sale of liquors in Irwin county. ReferrPd to the Temperance Committee.

WED~ESDAY, AUGUST 5, 1903.

405

By Messrs. Davis and Underwood-

A bill to authorize and direct the treasurer to transfer any surplus fund from any class of pensions to another -class when the amount appropriated is insufficient.

Referred to the Appropriations Committee.

By Mr. Felder-

A bill to amend charter of the city of :Macon.

Referred to the Corporations Committee.

By Mr. Slaton-A bill to abolish trials for insanity in this State. Referred to the General Judiciary Committee.

l3y Messrs. Howard and Hicks-

A bill to amend the Act establishing the city court of Dublin.
Referred to the General Judiciary Committee.
By Mr. Morris-
A resolution authorizing the Air Line R. R. to cross un der theW. & A. R. R. in Cobb county.

Referred to the Railroad Committee.

By Mr. Slaton-

A resolution to pay E. R. Block certain compensation. Referred to the Appropriation Committee.

406

JOURNAL OF THE SENATE,

Mr. Ledford, chairman pro tern. of the Committee Ollt Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing has had under consideration the following bill which is found to be correctly engrossed and ready for transmission to the House :

A bill amending Act creating the city court of Baxley.

Respectfully submitted. M. L. LEDFORD, Chairman pro tern.

Mr. Symons, chairman of the Committee on Enrollment,. submitted the following report:

111r. President:
The Committee on Enrollment report 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 incorporate the Kensington school district in< Walker county, and for other purposes.

Respectfully submitted. W. F. SYMONS, Chairman.

Mr. Tisinger, chairman of the Special Judiciary Committee, submitted the following report:
Mr. President: The Special Judiciary Committee has had under consid-
eration the following Senate bills, which it instructs me toreport with the recommendation that they do pass :

A bill to abolish the fee system of the solicitor general, of the superior court and to prescribe how he shall be paid-

WEDNESDAY, AUGUST 5, 1903.

407

A bill to modify and prescribe the duties of the clerk of the superior court.

A bill to modify and prescribe the duties of the judge of the superior court.

A bill to authorize judges of superior courts to issue writs of mandamus against boards of commissioners of roads and revenuea.

The committee has also had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass :

A bill to create the city court of Brunswick.

A bill to establish a county board of commissioners for Bibb county.

The committee has had under consideration the following House bill, which it instructs me to report with the recommendation that the same do pass by substitute:

A bill amending Act providing for a solicitor of the county court of Oconee county.

Respectfully submitted. B. L. TrsrNGER, Chairman.

Mr. Hudson, chairman pro tern. of the Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on Agriculture has had under consideration the following House bill, which it instructs me to report with the recommendation that the same do pass as amended:

A bill to amend Act approved December 21, 1897,

408

JOURNAL OF THE SENATE.

amending section 58:) of volume 1 of the Code relative to alternative road law.

Respectfully submitted. T. G. HunsoN, Chairman pro tern.

Mr. Christie, chairman of the Committee on Banks, f'Ubmitted the following report:

Mr. President:
The Committee on Banks has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass:

A bill to amend Act incorporating the Xortheast Georgia Loan & Banking Co.

A bill to amend section 98:2, volume 1 of the Code, so as to add the town of Calhoun to the list of State depositories.

Respectfully submitted.

S. R. CHRISTIE, Chairman.

The following Senate bill was read third time to be put upon its passage :

By Mr. Duncan-

A bill to define and regulate the business of industrial life insurance.
Report of the committee was agreed to.

Upon the passage of the bill the ayes wen~ 29, nays 0.

The bill having recehed the requisite constitutional majority was passed.

The following Senate bill was read first time :

WED~ESDAY, AUGUST 5, 1903.

409

By Mr. Crumbley-

A bill to amend an Act amending the charter of the town of Georgetown so as to change the time for electing -commissioners for said town.

Referred to the Special Judiciary Committee. The following H'?use bills were read second time : By Messrs. Felder and Hall-

A bill to establish a county board of commissioners for Bibb county.

By Mr. Flanigan-
A bill amending Act establishing a system of public schools in the town of Lawrenceville.

By Mr. Rankin-
A bill amending F:ection 982, volume 1 of the Code so as to add Calhoun to the list of State depositories.
By Mr. FosterA bill amending Act providing for a solicitor of the
county court of Oconee county.
By Mr. Butts-
A bill to create the city court of Brunswick.

By Mr. Proctor-
A bill giving the commtsswners of roads and revenues .entire charge of the roads in Camden county.

410

JOURNAL OF THE SENATE.

By Mr. Shackelford-

A bill amending Act incorporating the Northeast Georgia Loan & Banking Co.

By Mr. WestA bill to create a State School Book Commission.

This bill was made special order for ~o-morrow.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 6, 1903.

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

Prayer was offered by the Chaplain.

Upon the call of the roll the 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, Lewis, Mathews, :\fcCiure,

McLean, McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid, Roberts, Skelton, Smith,

THURSDAY, AUGUST 6, 1903.

4111

Snead, Stevens,
Sw~:at,
Symons,

.ray lor, 'l'isinger, Turner, Van Buren,

-ri'illiams, Worsham, Mr. President.

The Journal of yesterday was read and approved.

Mr. Tisinger, chairman of the Special Judiciary Com-mittee, submitted the following report :

Mr. President;
The Special Judiciary Committee has had under consideration the following Senate bill, which it instructs meto report back with the recommendation that the same dopass:

A bill to amend the charter of Georgetown.

Respectfully submitted. B. L. TrsiNGER, Chairman.

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

Mr. President:
The Committee on Engrossing has examinetl the following bills, which are found to be correctly engrossed and ready for transmission to the House :
A bill to amend paragraph 1, section 1, and paragraph 5,. section 2, and to add a new paragraph to article 6, section 2, to be known as paragraph 9, so as to provide for a courtof appeals.

412

J OURNA.L OF THE SENATE.

A bill to define and regulate the businE:'ss of industrial life insurance.

Respectfully submitted. A. B. DUNCAN, lOth, Chairman.

The following message was received from his Excellency, the Governor, through his Secretary, Mr. Blackburn, to wit:

:lJfr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to w-hich he respectfully invites the consideration of your honorable body in executive session.

The ollowing Senate bills were read third time to be put upon their passage :

.By Mr. Hudson-
A bill to amend section 4868 of Vol. 2 of the Code relative to road laws.

Report of the committee was agreed to..

Upon the passage of tbe bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

Ordered immediately transmitted to the House.

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

Mr. President: 'l'he Committee on .Agriculture has had under consider-

THuRsDAY, AuGusT 6, 1903.

413.

ation the following House bill, which it instructs me to report with the recommendation that the same do pass as amended:

A Hll to provide for the protection of birds and their nests.

Respectfully submitted. C. H. JoRDAN, Chai:r:man.

Mr Hudson, chairman of the Committee on Pensions,. submitted the following report:
Mr. President: The Committee on Pensions has had under consideration
the following Senate bills which it instructs me to report with recommendation that they do pass:

A bill to require ordinaries to keep a record of all pensioners in their county.

A bill to authorize the use of application aud evidence thereto attached on file in Pension Commissioner's office, as being competent evidence of enlistment and service,. etc.

Respectfully submitted. T. G. Hun~ON, Chairman.

The following special order was taken up:

By M:r. Park-
A bill to provide for the selling of stocks of goods and. other merrhaudi,;e,

Report of committee was agreed to.

-414

JOURNAL OF THE SENATE.

Upon the passage of t be bill the ayes and nays were --ordered, and the vote was as follows :

Those voting in the affirmative were Mess1s.-

.:Allen, Atkinson, >Christie, ->()lark, Clements, Comas, -Crumbley, Dodd, nuncan of lOth, nuncan. of 36th, Golden,

Hudson, Jordan, Lee, Ledford, Mathews, McClure, McLean, McMichael, l\Iiddlebrooks, Moore, Park,

Roberts, Skelton, Smith, Snead, Sweat, Symons, Taylor, Turner, Van Buren, 'Worsham,

Those voting in the negative were Messrs.-

'Lewis, 1.\rerritt,

Perry,
Reid,

Stevens, TisingP.r,

Those not voting were Messrs.-

navis, Harrell,

Hightower, Hopltins,

Williams, Mr. President.

Ayes 32, nays 6.

The bill having received the requisite constitutional majority was passed.

Ordered immediately transmitted to the House.

The following me~sage was received from the House 'through Mr. Boifeuil.let, th.e Clerk thereof:

Mr. President:

The House bas passed by the reqqisite constitutional tmajority th.e following bi:lls of the House, to wit:

THURSDAY, AUGUST 6, 1903.

415

A bill to incorporate Franklin school district in Heard COUnty.

Also, a bill to incorporate the town of Centralhatchee :in Heard county.

Also, a bill to create a board of connty commissioners for Bulloch county.
Also, a bill to amend the charter of Acworth.

Also, a bill to amend the Act incorporating High Shoals.

Also, a bill to create a board of commissioners to make -a roster of the Georgia soldiers and marines.

Also, a bill to create Camilla school district.

Also, a bill to create a new charter for Davisboro.
The House has also passed by the requisite constitutional 'lllajority the following resolution :

A resolution to provide for refunding of $50.00 to bank -of Barnesville.

Also a bill to appropriate $2,000.00 to secure records of State from England.

Mr. Duncan, chairman of the Committee on Temperance, ;Submitted the following report:

.Mr. President:

The Committee on Temperance has had under consider:ation the following House bill, which it instructs me to ~report with the recommendation that the same do pass :

416

JOURNAL OF THE SENATE.

A. bill to amend A.ct prescribing mode of granting license to sell intoxicating liquors in Telfair county.

The committee has also had under consideration the following bill of the House, which it instructs me to report with the recommendation that the same do pass as amended:

A bill to prohibit the sale of spirituous liquors 10 Irwin county.

Respectfully submitted. J. T. Du~cAN, 36th, Chairman.

Mr. Ledford, chairman of the Committee on Education,.

submitted the !ollowing report :



Jfr. President:
The Committee on Education has had under consideration the fGllowiug House bills, which it instructs me to report with the recommendation that they do pass as amended:
A bill to create a State School Book Commission.

.A. bill to amend the Act estaLlishing a system of public schools in Lawrenceville.
Respectfully submitted. M. L. LEDFORD, Chairman.

l\Ir. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:
Ur. President: The Committee on Corporations has had under consid-

THURSDAY, AUGUST 6, 1903.

417

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 Augusta so as to retire on part pay certain members of the police and fire departments.

A bill to amend the Act amending the charter of 'Varrenton.

A bill to amend the charter of the city of 1\facon.

A bill to incorporate the town of Sand Hill, in Carroll county.

A bill to amend the Act incorporating the town of Kite.
A bill to incorporate the town of Metter, in Bulloch county.
A bill to incorporate the town of Barwick, in Thomas and Brooks counties.

Respectfully submitted. L. L. MIDDLEBROOKS, Chairman.
The following Senate bills were read second time :

By Mr. Crumbley-
A bill to change the time for electing the commissioners -of Georgetown.

By Mr. Perry-
A bill to provide for the establishment and maintenance 4Jf schools of agriculture in each congressional district.
This bill was recommitted.
27s

418

JouRNA.L oF THE SENA.TE.

By Mr. Tisinger-

A bill to provide for the nse of the application and evidence on file in the office of Pension Commissioner as competent testimony in certain cases.

By Mr. Van Buren-

A bill to require ordinaries of this State to keep a record of all pe~sions of their counties.

By Mr. Perry-

A resolution to pay pension of J. S. Brazill, in Hall county, to his widow.

The following House bills were read second time and re-committed to the Committee on Education :

By Mr. Owen-

A bill to incorporate the Concord school district, in Pike county.

By Messrs. Richardson and Johnson-

A bill to incorporate the Ben Hill school district, in the counties of Houston and Crawford.

By Mr. Alford-
A bill to create a school district at Doles, in Worth county.

By :Mr. Alford-
A bill to establish a school district at Fillyaw, in Worth. county.

THUBSDAY, AUGUST 6, 1903.

419

By Messrs. Martin and Hawes-

A bill to create a local school district for Bowman, Elbert county.

By Mr. Owen-

A bill to incopamte the Milner school district, in Pike county.

The following special order was taken np:

By Mr. West-

A bill to create a State School Book Commission, and for other purposes.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative we.m Messrs.-

Allen, AtkiDBon, Christie. Clark, Clements,
COJUIII!I,
Dodd, Davis. Duncan of 10th. Duncan. of 36th, Golden, Harrell.

Hopkins, Hudson. Jordan,. Lee, Ledford. Lewis. :. Mathews, ' McClure, McLean, McMichael, Merritt_

Middlebrooks, Moore. Park, Perry, Roberts, llkelton, Smith, Stevens,
sw~at.
Taylor, Worsham.

Those voting in the negative were Messrs.-

Crumbley, Symcma,

Tislnger,

Turner,

420

JOURNAL OF THE SENATE.

Tho;oP- not voting "ere :Messrs.--

Hightower, Reid,

Snead, Van Buren,

Williams, l\lr. President.

Ayes 34, nays 4.

The hill having received the requisite constitutional majority was pass~d as amended, and the amendments are as follows:

Amend section 2 in line 3 by striking out the figures " 1905" and inserting " 1904 ;" also by inserting immediately after the figures on line 3 the following words: Hor such date thereafter not more than sixty days as shall he deemed necessary and practicable by the School Book Commission to allow the contractors to furnish to the schools of the State the books included in the contracts made by said commission with said contractors."
Amend section 4 by adding at the end of section the following: "provided, that the School Book Commision shall have authority upon the acceptance of any hid and the execution of any contract to furnish schoc)l books under the provisions of this act to allow such time after January 1, 1904, as may be deemed by said commission real'onably and necessary (not more than 60 days) to the contractor making such bid, or contract within which to furnish to all the schools of this State coming under the provisions of this act, with the books contracted to be furnished."
Amend section 6 by striking out of lines 31 and 32 the words "bas never furnished and"; also by inserting after the word "contract'' on line 39 the following worrls: "and that in case said contractor shall hereafter during the time of said contract, to furnish to any State, county or school rlistrict such book or books at a lower p1ice than that named on the contract such lower price shall become the price of such

THURSDAY, AUGC"ST 6, 1903.

421

book or books under the contracts entered into with the said School Book Commission;" also by striking out of line 42 the words "have been" and inserting "are being;" also by striking out of line 47 the words "have been" and inserting the words "are being".

l\Ir. Chri::;tie, chairman of the Committee on Banks, submitted the following report :

lrfr. President:

The Committee on Banks has had under consideration the following House bill which it instructs me to report with the recommendation that the same do pass :

A bill to amend section 982 volume 1 of the Code, so as to add the town of Lavonia, in Franklin county, to the list of State Depositories.

Respectfully submitted. S. R. CHRISTIE, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

lrfr. Presdent:
The Committee on Enrollment report as duly enrolled, signed by the President of the Senate and Speaker of the House, and delivered to the Governor, the following Act, to wit:

At Act to incorporate the Kensington school district 10 'Valker county, and for other purposes.

Re"pectfully submitted. W. F. Sv~roxs, Chairman.

422

JOURNAL OF THE SENATE.

Mr. Symons, chairman of the Committee on Enrollment submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the President of the Senate, and Speaker of the House, and delivered to the Governor, the following Act to wit:
An Act to establish a system of public schools in Pierce county, and for other purposes.
Respectfully submitted. W. F. SYMONS, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

M-r. President: The Committee on Enrollment report as duly enrolled,
and ready for the signatures of the Presirlent of the Senate and Speaker of the House, the following Act, to wit:
An Act to establish a system of public schools for Pierce county.
Re<lpectfully submitted. W. F. SY~IONS, Chairman.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional

THURSDAY, AUGUST 6, 1903.

423

-majority by substitute as amended, the following bill of the Senate, to wit :

.A bill to authorize the Prison Commission to hire the labor of felony convicts, and for other purposes.

The following Senate bills were read third time, to be put upon their passage:

By Mr. Golden-
A bill to prohibit the sale of cotton futures, and for other purposes, in this State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows. Before the vote was taken a motion was made to table, which motion prevailed.

By Mr. McMichael-

A bill to abolish the fee system of the solicitors general of this State.

On motion this bill was tabled.

Senate bills 175 and 176 were also tabled.

Senate bill No. 149 was made special order for tomorrow.

By Mr. SweatA hill to provide for the closing of private ways in this
,State.
Report of the committee was agreed to.

424

J OURN.A.L OF THE SENATE.

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

The bill having received the requisite constitutional majority was passed.

House bill 517 was made special order for to-morrow after the other special order.

House substitute to Senate bill known as convict lease bill, wao committed to the Penitentiary Committee.

The following House bills were read first time :

By Mr. Deal-
A bill to provide for the creating of a board of county commissioners for Bulloch county.

Refened to Agricultural Committee.

By Mr. Owen-
A resolution to provide for refunding $50.00 to the bank of Barnesville.

Referred to the Special Judiciary Committee.

By Mr. SandersA bill to incorporate the town of Centralhatchee m
Heard county.
Referred to Corporation Committee.

By 1\Ir. SandersA bill to incorporate the Franklin school district
in Heard county.
Referred to Education Committee.

~

THURSDAY, AuGusT 6, 1903.

425-

By Mr. Caswell-
A bill to create a board of commissions to make a roster of Georgia. sailors and soldiers.

Referred to General Judiciary Committee.

By J\Iessrs. Haws and Stovall-
A bill to appropriate $2,000.00 to secure from England records pertaining to Georgia history.

Referred to Appropriation Committee.
By 1\Ir. EvansA bill to create a new charter for Davisboro, in Wash-
ington county.

Referred to Corporation Committee.

By Mr. Maples-
A bill to create the Camilla school district and establish public schools.

Referred to Education Committee.

By Messrs. McLain and MorrisA bill to am~nd the charter of Acworth.

Referred to Oorpuration Cummittee.

By Messrs. George, Lawrence and Booth-
A bill to amend the Act incorporating the town of High Shoals.

Referred to Special J ndiciary Committee.

416
The following Honse bills were read second time :
By Mr. RountreeA bill to incorporate the town of Boswick, in tbe coun-
ties of Thomas and Brooks.
Byl\fr. DealA bill to incorporate the town of Metter, in Bulloch
county.
By Mr. FelderA bill to amend the charter of the city of Macon.
By 1\Ir. PaulkA bill to prohibit the sale of spirituous liquors in Irwin
aounty.
By l\Ir. BurtonA bill to amend section 982 of the Code by adding the
town of Lavonia to tbe list of State depositories.
ByMr. CookA bill to amend the Ar.t prescribing the mode of grant-
ing license to retail HJ.tirituous liquors in Telfair county.
By Messrs. Howard and HicksA bill to ~:!mend the Act establishing the city c.ourt of
Dublin.

FRIDAY, AuGusT 7, 1903.

427

By Mr. Dunbar-

A bill to amend the charter of the city of Augusta, EO :as to pension retired firemen and policemen.

.By :Mr. English-

A bill to amend an Act amending the charter of warrenton .

..By Mr. Kent-

A bill to amend the Act incorporating the town of Kite.

.By Messrs. Steed and Hixon-

A bill to incorporate the town of Sand Hill, in Carroll -county.

At 12: 30 o'clock the Senate went into executive session.

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

SENATE CHA111BER, ATLANTA, GEORGIA,
Friday, August 7, 1903. The Senate met pursuant to adjournment at 10 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Dn motion, the roll-call was dispensed with.
'The Journal of yesterday was read and approved.

428

JOURNAL OF THE SENAT~

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

M1. PrsB'ident:
The Committee on Engrossing report as duly et\grossed and ready for transmission to the House the following bills, to wit:

A bill to provide for the closing of private ways in certain cases.

A bill to amend section 4868 of the Code so that judges of Superior Courts may issue writs of ma.ndamus against boards of commissioners of roads and revenues.

A bill to regulate the sale of stocks of goods, wares and merchandise in bulk.

Ret~pectfully submitted. A. B. DuNCAN, lOth Dist., Chairman.

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

Mr. Presidsnt:
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 amending Act creating a board of commissioners of roads and revenues for Twiggs county.

A bill amending Act incorporating the town of High Shoals in Walton county.

The committee has also had under consideration the fol-
lowing House resolution, which it instructs me to report.
with the recommendation that the same do pass.

FRIDAY, AUGUST 7, 1903.

429

A resolution to refund $50.00 paid Secretary of State Cook for a bank chartel'.

Respectfully submitted. B. L. TISINGER, Chairman.

l\Ir. Mathews, chairman of the Committee on Railroads, submitted the following report:

Ur. President:

The Committee on Railroads has had under consideration the following House resolution, which it instruct!" me to report with the recommendation that the same do pass:

A resolution consenting on the part of the State to allow the Atlanta and Birmingham Air Line Railroad to make an under-pass crossing under the tracks of the IVestern and Atlantic I~ailroad in Cobb county.
Respectfully submitted. H. A. MATHEWS, Chairman.

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

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

A bill to amend Act of the General Assembly to regulate -control of misdemeanor convicts of Bibb s;ounty.
A bill to establish a new charter for Higgston.
A bill to authorize the mayor and council of Fort Valley to i~sue bonds.

430

JOURNAL OF THE SENATE.

A bill to repeal an Act to erect and maintain public gates in Fannin county.

A bill to am~nd Act establishing the city court of Dawson.
A bill to amend the charter of the city of Augusta.

A bill to prohibit hogs from running at large.

A bill to amend an Act to establish and maintain a dispensary in town of Colquitt.
A bill for relief of \V. F. Shurley.
A bill to amend an Act establishing a system of public schools for Hazlehurst.

A bill to establish the city court of Waynesboro.

A bill to amend the charter of Macon so as to include Vineville in said city.

A bill t0 amend the charter of Chipley.

A bill to establish the city court of Hall county.

A bill to reincorpvrate the town of Waycross.

A bill to authorize the commissioners of roads and revenues of Terrell county to pay reasonable compensation to officers of court.
The House has also adopted the following joint resolution and invite the concurrence of the Senate in the same.
A resolution extending the time for the committee to investigate charges of lobbying to report.

FRIDAY, AUGUST 7, 1903.

431

The House has passed by the requisite constitutional majority the following bill of the Senate as amended, to wit :

To ratify the action of the Mayor and Council of Marietta in closing Howell street.

The House has concurred in the Senate amendments t<Y the following bills, to wit:

By Mr. GriffinA bill to incorporate the town of Jeffersonville.

A bill to repeal an Act to establish the city court of Clarkesville.

A bill to repeal Act to establish the city court of Mount Vetnon.

A bill to create a board of commissioners for Walton county.

A bill to incorporate East Ellijay.

A bill to provide a board of commissioners for Monroe county.

The following House bills were read first time :

By Mr. Cromartie-
A bill to amend the Act establishing a system of Public Schools for Hazelhurst.

Referred to the Education Committee.

By l\Ir. BushA bill to amend the Act establishing a dispensary in the-
town of Colquitt.
Referred to the Temperance Committee.

432

JouRNAL oF THE SENATE.

By Mr. Yates-

A bill to prohibit hogs from running at large. Referred to the Agriculture Committee.

By l\Ir. Dunbar-
A bill to amend the charter of the city of Augusta so as to provide the mode of conducting primary elections in f'aid city.

I~eferred to the Corporation Committee.

By l\lr. Raney-
A bill to amend the Act establishing the city court of Dawson.

Referred to the Special Judiciary Committee.

By l\Ir. Davis-
A bill to repeal an Act erecting public gates from the residence of Adam Davenport to the residence of \V. B. G. Rogers in Fannin county.
Referred to the Agriculture Committee.

By l\Ir. Brown-
A bill to authorize the town of Fort Valley to issue bonds to the amount of $10,000.

Referred to the Special Judiciary Committee.

By 1\Ir. Wooten-
A bill to establish a new charter for Higgstown in 1\Iontgomery county.

Referred to the Corporation Committee.

FRIDAY, AUGUST 7, 1903.

433

By 1\Ir. Felder-

A bill to amend an Act regulating the control of misdemeanor convicts in Bibb county.

Referred to the Special Judiciary Committee.

By 1\Ir. Evans-
A resolution for the relief of W. F. Shurlyand his bonds men.
Referred to the Finance Committee.

By Messrs. McElmurray and NesbitA bill to establish the city court of Waynesboro in Burke
county.
Referred to the Special Judiciary Committee.

By 1\Ir. Slaton-
A resolution extending the time for the joint committee on lobbying to report.
This resolution was concurred in.
The following House bills and resolutions were read first time:

By Messrs. George, Lawrence and BoothA bill to amend the Act incorporating High Shoals.

By Mr. Griffin-
A bill to amend the Act creating the board of county commissioners of Twiggs county.
2Ss

434

JOURNAL OF THE SENATE.

By :\Ir. Morris-.

A resolution authorizing the Air Line R. R. to cross under the W. & A. R. R. in Cobb county.

By Mr. Owen--
A resolution to provide for the refunding of $50.00 to the Bank of Barnesville.
The following House bills were read third time to be put upon their passage :

By Mr. ProctorA bill togive entire control of the roads of Camden
county to the county commissioners.
Report of the committee was agreed to
Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Butts-
A bill to amend the Act creating the city court of Brunswick.
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.

The following House bill was read first time:

FRIDAY, AUGUST 7, 1903.

435

-:By Mr. Felder-

A bill to amend the charter of Macon so as to include Vineville in said city.

Referred to the Special .Judiciary Committee.

The following message was received from His Excellency, the Governor, through his secretary, Mr. Blackburn:

].1r. President:

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.

The following Senate bill was read third time to be put upon its pa::ssage:

.By Mr. Crumbley-

A bill to change the time of electing commissioners for -Georgetown.

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.

The following Senate resoluti<;>ns were read and adopted:

By Mr. Tisinger-

A resolution requesting the House to act on Senate bills for second and third readings, Monday and Tuesday.
Ordered immediately transmitted to the House.

436

JOURNAL OF THE SENATE.

By Mr. Ledford-

A resolution to orea.te a commission to investigate damage by smoke and fumes from copper mines.

Ordered immediately transmitted.

The following House bill was read second time a.nd re-

committed :



By Mr. Hardin-

A bill to revise and consolidate the laws of force for the protection of game in this State.
1\Ir. Ledford, chairman of the Committee on Education, submitted the following report :

Mr. President:
The Committee on Education has had under consider~ ation the following House bills which it instructs me to re-. port with the recommendation that they do pa.ss:
A bill to inco~porate the Concord school district.
A bill to crea.te a local public school system for Bowma.n a.nd vicinity.

A bill to incorporate Milner school district.
llespectfully submitted. M. L. LEDFORD, Cha.irman.
1\Ir. J'orda.n, vice-chairma.n of the Committee on A.ppropria.tion.s, submitted the following report;

Mr. Preriile'lll:
The Committee on Appropriations hu had under con-

FRIDAY, AUGUST 7, 1903.

437

sideraiion the following House resolutions, which it in. structs me to report with the recommendation that they do pass:

A resolution authorizing the Treasurer to transfer sur ples funds from any class of pensions to another class.

A resolution to pay E. R. Black certain compensation.

Respectfully submitted. C. H. JoRDAN, ViceChairman.

The following House bills were read second time and re <Jommitted to the Education Committee:
By Mr. Maples-
A bill to create the Camilla school district and establish public schools in same.
By Mr. Sanders-
A bill to incorporate the Franklin school district.
By Mr. Richardson-
A bill to amend section 221 of the Code which provides for the posting of lands.
The following House bills were read third time and pu~ upon their passage :
By Mr. Rankin-
A bill to amend section 98'~ of the Code by adding the town of Calhoun to the list of State depositories.

Report of the committee was agreed to. Upon the pasEage of the bill the ayes were 25, nays 0.

438

JOURNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Burton-
A bill to amend section 982 of the Code by adding the town of Lavonia to the list of State depositories of thisState.
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 ma- jority was passed.

By Mr. Thompson-
A bill to, prohibit the gigging or trapping of fish in the streams of Hall county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.
The bill having received the requisite constitutional majority was passed as amended :

Amendments are as follows: Amend section 1 by inserting the word "or" after the word "netting" in the sixth line, and striking out the words ''or hooking" in the seventh line and by striking out the words "during the years 190405, and 06" in third line.

Amend caption by inserting ''or" before the word "gigging" in second line, and striking out the words "and hooking" in second line and by striking out the words "for the next three years" at end of caption.

FRIDAY, AUGUST 7, 1903.

439

Mr. Lee, chairman of the Penitentiary Committee submitted the following report:

Mr. President:
The Committee on Penitentiary has had under consideration the House substitute for Senate Bill No. 68 which it instructs me to report with the recommendation that the same be concurred in as amended, to wit:

A bill to authorize and require the Prison Commission to hire the felony convicts after the expiration of the present lease.

Respectfully submitted.

J. R. ALLEN, R. B. McCLURE, G. M. CLEME.1-:TS, J.G. MooRE, L. H. RoBERTs, \V. F. GOLDEN, J. L. McLEAN, P. H. CoMAs, H. A. MATHEWS, JNo. D. TAYLOR.

GoRDON LEE,. Chairman ; PAuL TuRNER,
w. R. REID,
J. T. DUNCAN, F. L. SWEAT, HAMILTON CLARK, T. G. HuDSON, E. H. McMICHAEL, Wm. H. DAvis,

The following resolution was read and adopted.

By Mr. Duncan-
A resolution to declare next Sunday a dies non, and that no per diem be called for that day.

This re~olution was reconsidered.

The following Senate resolution was taken up with House amendments and the amendments were concurred in:

JOURNAL Oll' 'l'Hlil SlilxA'l:'E,
By Mr. Howell-
A resolution to ratify the &otion of m&yor and council of M&rietta in closing Hansell street.
The following House bill was read second time and recommitted:
By Messrs. McLain and Morris-
A bill to amend the charter of Acworth in Cobb county.
Mr. Tisinger, Chairman of the Special Judiciary Committee, submits the followingreport:
Mr. P~nt:
The Special Judiciary Committee has had under consid eration the following House bills, which it instructs me to report back with the recommendation that the same do pass:
By Mr. Felder of Bibb-
A bill to amend the charter of the city of Macon, pro viding for the extension of the corporate limits of said city, etc.
By Mr. Felder of Bibb-
A bill to amend an ~ct of the General Assembly, approved February 26, 1874, entitled an Act to regulate and control misdemeanor convicts in the county of Bibb, etc.
Respectfully submitted. B. L. Tml!l'aEa, Chairman.
Mr. Symons, chairman of the Enrollment Committee, submitted the following report:

FRIDAy' A UGU6T 7' 1U03.

441

]Jfr. President:
The Committee on Enrollment report 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 incorporate the town of Menlo in Chattooga -county, and for other purposes.

Respectfully submitted.

\V. F. SYMONs, Chairman.

Senate bill No 68 was made special order for next Monday, and 100 copies of the House substitute and reports be printed for the use of the Senate.

By unanimous consent the Committee on Constitutional Amendments "Was requested to return House bills Nos. 491, 534 and 551 to the Senate.

The following special order was taken up :

By Mr. Perry-
A bill to prohibit the giving of passes or franks to any persons by railroad, telephone and telegraph and other <:ompanies in this State.

Mr. Hudson moved to table the bill and on this motion the ayes and nays were ordered and the vo~e was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Hudson, Jordan, Lee,

::\IcClure, life Lean, l\Ic::\Iichael, ::\Ioore, Heid, Roberts, Skelton,
t"mith,

Snead, Stevens, Sweat, Taylor, '1'1siv.ger, Van Buren, \Yorsham,

442

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Comas, Duncan of 36th, Ledford, Lewis,

Mathews, Merritt, Middlebrooks,

Perry, Symons, Turner,

Those not voting were Messrs.-

Crumbley, Dodd, Davis, Duncan of lOth,

Golden, Harrell, Hightower, Hopkins,

Park, W illiallls, M.r. President.

Ayes 23, nays 10.

The motion prevailed and the bill was tabled.

The next special order was taken up.

By Messrs. Pate and Fields-

A bill to amend an Act amending section 583 of the Code relative to the alternative road law.
Report of the committee was agreed to.

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

The bill having received the requisite constitutional majority was passed as amended ; amend by striking out the words "that the registration of electors used prior to said election shall be used in said election," on page 3, line 3, section 1, of said bill, and insert in lieu thereof the following: "All persons who have registered 10 days before said election, or who have registered in the general election next preceding this election and who are otherwise qualified to vote for members of the General Assembly, shall be qualified to vote in this election." Amend by striking from section 1, in the 26th line of said section, the words

FRIDAY, AuGUST 7, 1903.

443.

''one-tenth'' and inserting in lieu thereof the words '' onefifth."

Committee amends by striking out section 2 and numbering same 3 and inserting in lieu thereof another section,. to be known as section 2, to read as follows:

Section 2. Be it further enacted by authority aforesaid, That the provisions of this Act shall not apply to or affect any county in the State having the following population: Between 7,000 and 8,000 and between 13,700 and 14,000 population, or between 16,000 and 22,000 population, as shown by U. S. Census of 1900.
The following message was received from the House through 1\Ir. 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 create the Confederate l\Iemorial Board, and for other puposes.
By unanimous consent the following House bills were read third time to be put upon their passage:

By Mr. Rainey-
A bill to incorporate the Sasser school district 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.

444

JOURNA.J, OF THE SENATE.

By Mr. Rainey-

A bill to incorporate the Parrott school district in Terrell county.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having rec~ived the requisite constitutional majority was passed.

By Mr. Rainey-

A bill to incorporate the Bronwood school district 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.

The following Senate bill was read second time and re<:ommitted:
By Mr. Comas-
A bill to require railroad companies to equip flat cars to carry 1umber.

On motion the Senate will meet at 10 o'clock on J\Ion<lay when it adjourns to-day.

Mr. Jordan, vice chairman of t.he Committee on Appropriaticns, submitted the following report :
Mr. President: The Committee on Apprbpriations has had under consid-

FRIDAY, AUGU&T 7, 1903.

445

eration the following House bill, which it instructs met() report with tbe recommendation that the same do pass:

A bill to appropriate $2,000.00 to procure certain records.

Respectfully submitted. C. H. JoRDAN, Vice-Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

M1. Pres-ident:
The Committee on Corporations has had under consideration the following House bills which it instructs met() report with the recommendation that they do pass:
A bill to incorporate the town of Spread.
A bill to incorporate the town of Centralhatchee in Heard county.
A bill to create a new charter for the town of Davisboro.
Respectfully submitted. L. L. MIDDLEBROOKs, Chairman.
The following Senate bill was read third time to be put upon its passage :

By Mr. Van BurenA bill to require the ordinaries of the counties of this
State to keep a list of the pensions of their counties.
Report of the committee was agreed to.
Upon the passage of the bill.the ayes were 26, nays 0.

446

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By Mr. Perry-
A resolution to pay pension of J. S. Brazille m Hall -county.

Report of the committee was agreed to.

This being an appropriation the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements, -comas, Crumbley, Duncan. of 36th, -Golden, Hudson,

Lee, Ledford, Lewis, Mathews, McClure, McLean, Middlebrooks, Moore, Pe.rry, Reid,

Roberts, Skelton,
~mith,
SwEat, Symons, 'f&ylor, Tisinger, Turner, Van Buren, worsham,

Those yoting in the negative were Messrs.-

.Jordan,

Merritt,

Those not voting were Messrs.-

Dodd, Davis, Duncan of lOth, Harrell,

Hightower, Hopkins, McMichael, Park,

Ayes 30, nays 2.

Snead, Stevens, Williams. Mr. President.

The resolution having received the requisite constitutional majority was passed.

FRIDAY, AUGUST 7, 1903.

447

By Mr. Tisinger-

A bill to provide for the use of application and the evi dence thereto attached on file in the Commissioner of Pen sions' office as competent testimony in certain cases.

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.
The following House bill was read first time :

By Mr. Morris-

A bill to create the Confederate Memorial Board.

Referred to the General Judiciary Committee.

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

Mr. President:
The Committee on Engrossing report as duly engrossed and ready for transmission to the House the following res-<>lutions:

A resolution requesting the House to make Senate bills special order for Monday and Tuesday.

A resolution to create a committee to investigate injuries done by smoke from copper mines at Duck Town.

Respectfully submitted. A. B. Du~cAx, lOth Dist., Chairman.

"The following House bills were read second time:

448

JOURNAL OF THE SENATE.

By Mr. Sanders-

A bill to incorporate the town of Centralhatchee in Heard county.

By Mr. Phillips-

A bill to incorporate the town of Spreads m Jefferson county.

By Messrs. Martin and HawesA bill to create a local public school system in Bowman.

By Messrs. Davis and Underwood-
A bill to authorize and direct the treasurer to transfer any surplus fund from any class of pensions to another class.

By Mr. Fields-
A bill to incorporate the Oak Grove school district in Dooly county.

By Mr. Morris--
A bill to incorporate the Smyner school district in Cobb county.
By Messrs. Hawes and Stovall-
A bill to appropriate $2,000 to secure from England records pertaining to Georgia history.

By Mr. Evans-
A bill to create a new charter for the town of Davisbor() in Washington county.

:E'RIDAY; AUGUST 7, 1'903.

4i9

The following House bills were read third time to be put upon their paesage:

By Mr. Flanigan-
A bill to amend the Act establishing a system of public schools in Lawrenceville.
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 ma jority was passed as amended.
Amend section 1 by striking out the words "the total at. tendance made by children attending said schools as compared to the total attendance made by the children attending other public schools of said county" and substituting therefor the following: "The proportion that the school population of the said town bears to the school population of Gwinnett county."

By Mr. Schackelford-

A bill to amend the Act incorporating the Northeast Georgia Loan and Banking Company.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The hill having received the requisite constitutional majority was passed.
By Mr. Dunbar-
A bill to amend the charter of the city of Augusta:So as
298

460
to provide a way by which retired policemen or firemen may get pension.
Report of the committee wu agreed to.
'Upon the pusage of the bill the ayes were 28, na.ys 0.'
The bill having received the requisite constitutional majority was passed.
By Mr. Calvin-
A bill for the protection of birds and their nests in this State.
Report of the committee wa.s agreed to.
Upon the passa.ge of the bill the ayes were 29, na.ys 0.
The bill having received the requisite constitutional ma jorlty wu pused as amended.
- Amend section 1 by striking therefrom in line five the words "The pusage of this Act" and inserting in lien thereof "January 1, 1904."
By Mr. Paulk-
A bill to prohibit the sale of spirituous liquors in the eounty of Irwin.
Report of the committee wa.s agreed to.
Upon the pa.ssage of the bill the a.yes were Sl, nays 0.
The bill ha.ving received the requisite constitutional ma.jority, wa.s pa.ssed as a.mended : By adding the following to be known as section 8, a.nd sec. following to be section 9, 1'Be it further ena.oted by the authority a.foresaid, Tha.tthe

FRIDAY; AUGUST 7, 19(}'J.'

451'

lProvisions of the foregoing Act shall not go intoeffectuntil .adopted by a majority of the qualified voters of Irwin -county, at a regular election to be held at all the voting precincts in said county on the first Monday in October, 1903, that the ordinary of said county of Ir,dn shall ad ver iise said election for the adoption or rej~ction of said Act by publishing notice of same in the newspaper in said county in which sheriff's sales are advertised, for four weeks immediately preceding said first Monday in October, 1903.
as :Said election shall be held under the Eame rules and regula-
tions govern elections for members of the General Assem bly of Georgia, and all persons residing in said county -qualified to vote for members of the General Assembly are .qualified to vote under the provisions of this Act. At said -election those who favor said dispensaries as provided in this Act shall have written or printed on their ballots "For dispensaries,'' and those who oppose dispensaries as provided in this Act, shall have written or printed on their bal-. lots "Against dispensaries," and if the majority of the votes Cast at said election are for dispensaries then the provisions .of this Act shall be of full force and effect, but if a majority of the votes cast at said election are against dispensa.ries this Act shall be null and void. Said election shall be .held as other elections for county officers in said county are held and all the provisions of law in regard to the election of county officers as to consolidating the returns, disposition .of ballots, tally sheets, etc., shall be applicable to the election which is to be held under the provisions of this Act.

By Mr. Cook-
A bill to amend the Act to prescribe the mode of governing license to sell intoxicating liquors in Telfair 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 ma-

jority was passed.



JOURNAL OF THE SENATE;
By M'essr8 Steed and HixonA bill to incorporate the town of Sand Hill in Carroll1
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 ma-jority was pas8ed as amended. Amend by striking ''land lot No. 29 " in line 8, section 2.
By Mr. English-A bill to amend an Act amending the charter of Warren--
ton.
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 ma-jority was passed.
By Messrs. Felder and HallA bill to establish a county board of commissioners for
Bibb 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~ jority was passed.

FRIJ>A;y, AuGuST 7, 1903.

453

ffiy Mr. Felder--

A bill to amend the charter of the city of Macon.

Report of the committee was agreed to. Upon the passage of the bill the ayes were ~6, nays 0.

The bill having received the requisite constitutional ma-

jority was passed.



By Mr. Deal-
A bill to incorporate the town of Metter in Bulloch county.

Report of the committeee 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. Rountree-

A bill to incorporate the town of Bostwick in the counties of Thomas and Brooks.

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. FosterA bill to amend the Act providing for a soLicitor for the
county court of Oconee county.
Report of the committee was agreed to.

:4"54

JOURNAL OF THE .SENATE,

Upon the passage of the bill the ayes were 24, nays 0..

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

By Mr. Booth-

A resolution for the relief of S. S. Duke from taxes foryears 1898 and 1899.

Report of the committee was agreed to.
Upon the pas~age of the resolution the ayes were 25nays 0.
The resolution having received the requisite constitu,tional majority was passed.
The following House resolution was read second time:.
By Mr. Slaton--
A resolution to pay E. R. Black certain compensation.

At 12:50 the Senate went into executive session.

Leaves of absence were granted Senators Moore, Middlebrooks and McMichael.

Upon motion, the Senate adjourned until Monday morning at 10 o'clock, the President making the foHowing state ment in announcing the adjournment:

"This is an unprecedented record in the history of the Georgia Senate. Never within my knowledge, and perhaps not at any time within the past thirty years, has the Senate adjourned over from Friday to Monday within the last week of the session. And yet we are enabled to do so today by virtue of the fact that the secretary's desk is absolutely clear. Every bill of the Senate which has been re_

MoNDAY, .AuGusT 10, 1903.

455

ported has been acted upon, and every House bill which has been reported has been advanced as far as can be at this time under the constitutional rules of legislation. There has not been a Saturday during this entire session that the Senate has not been fully up with its work. I congratulate each member of this body upon the steady application which has enabled the Senate to make this gratifying record. It is a tribute to the earnestness of the body at which every member naturally has a right to feel proud, and in appreciation of which I, as your presiding officer, am naturally profoundly grateful, for without the mutual cooperation which has enabled us to ad vance the Senate's business to its present position we would at this time have found our calendar congested with accumulated bills rather than in the present clear condition."

SENATE CHAl\IBER, ATLANTA, GEORGIA,
Monday, .Auguat 10, 1903.
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 di~pensed with.
The Journal of Friday was read and approved.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
1Jr. President: The House has passed by the requisite constitutional
majority the following bills of the House, to wit:

4:56

JOURNAL OF THE SENATE,

~ bill to allow defendants in trover cases to plead S':lt offs.

Also, a bill to ainend an Act creating a board of commissioners for Jackson county.

Also, a bill to incorporate the town of Mystic, in Irwin county.

Also, a bill to amend an Act to create a board of commissioners ior Emanuel county.

Also, .a bill to amend section 6 of Act to organize the military of the State.

Also, a bill to create a new charter for the town of Palmetto, and for other purposes.

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

A bill to provide for an exchange of the present site of the Presbyterian church in Milledgeville.
Also, a bill to amend an Act to create a dispensary for the town of Buena Vista.
Als.o, a bill to pro\'ide for the removal of obstructions in streams of Morgan county.

Also, a bill to make it unlawful for any person to kill cattle in the 25th militia district of Glynn county.

Also, a bill to create a board of commissioners for Carroll county.

. MoNDAY, A.uausT 10, 19Q?.

457

.Also, a bill to make an appropriation to Winnie Davis :Memorial.

,Also, a bill to am~nd the charter of the town of Norwood.

Also, a bill to amend an Act to provide a charter for the :e~ty of DuLlin,
Also, a bill to amend an Act to authorize the town of Cusseta to create a debt.
Also, a bill to amend an Act to incorporate the town of .Boston .
.Also, a bill to change and fix the time of holding the .superior court of Banks county.

Also, a bill to create a board of commissioners of roads .and revenues lor the county of Franklin.
Also, a bill to amend an Act entitled an Act to amend .an Act to amend the charter of the town of Maysville.
A,lso, a bill to abolish the city court of Forsyth.

Also, a bill to arr.end an Act to create a system of public -schools iu the city of LaGrange.
Also, a bill to regulate the sale of liquors in certain cities in this State.
Also, a bill to protect fish in Notla river, in Union county. Also, a l iii to amend an Act to creat~ a n~w charter for the city of Tennille.
Also, a bill to amend the charter of Ea,st Rome.

458

JOURNAL OF THE SENATE,

Also, a 'bill to create the office of road commissioner for the county of Carroll.

A bill to repeal an Act to create a board of commission- ers of roads and revenues for Franklin county.

A bill to provide for removal of obstructions from the streams of Dawson county.

A bill to amend an Act to prohibit the sale of liquors. in Lee county.

The following message was received from the Housethrough Mr Boifeuillet, the clerk thereof:

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

A bill to incorporate the town of Meigs, m Thoma& county.

Also, a bill to provide a new charter for the town of Flowery Branch.

Also, a bill to prohibit hunting with dogs or guns m Thomas county.

Also, a bill to create a new charter for the town of Nichols.

Also, a bill to amend an Act establishing a new charterfor the city of Gainesville.

The House has concurred in the followine: joint resol~ tion of the Senate to wit:

MONDAY, AUGUST 10, 1903.

459>

A resolution to create a committee to investigate injuries done by smoke and fumes at Ducktown.

The House has concurred in Senate amendments Nos. 1 and 2, and has also concurred in amendment No. 3. as amended to the following bill :

A bill to amend Act approved December 21, 1897, rei~ tive to alternative road law.

The following message was received ftom the Housethrough Mr. BoifEmillet, the clerk thereof:

Mr. President:
The House has pa.ssed by the requisite constitutiona1 majority the followings bills of the House to wit:
.
A bill to incorporate the Pineview school district.

A bill to enlarge the powers of the police court of Savannah.

A bill to create a department of health and health. officers.

A bill to incorporate the Snow school district.

A bill to regulate the carrying of certain deadly weapons.

Also, the following resolutions of the House to wit :

A resolution to pay the expenses of investigating committee.

A reso4ltion to authorize a correction to be made m Housi bill No. 601.

4.6.0
Mr. Tisioger, chair:man of the Special Jndim~ Committee, submitted .the follow.ing report:
Mr. President:
The Special Judiciary .Committee has had .~nder con~ :sideratioo the following Rouse bills, which it instructs me to report with the ,recmmmendab that they do ,pass :
A bill to establish the city cmurt ofWaynesboro.
A bill amending Act establishing the city court of Dawson.
RespectfulJy submitted. B. L. T.ISINGER, Chairman.
Mr. Middlebrooks, chairman ofthe ~mmittee on Corporation, submmitted the following report :
M1. President :
The Committee on Corporations has had under consideration the following House bills, which it instructs me to .report with the recmmmeodation that they do' pi.SI :
A bill to amend the charter of Aokworth, in Cobb -county.
A bill to a.m~od the cha.rter of the city of ..._u~rusta..
A bill to esta~Hsh ll J;aew ~rter for .th.e town of Biggston, Montgomery cmnnty.
Respectfully submi~ted. L. L. MtnDLEBB.QO.KS, .Chairm!lo.

MONDAY, AUGUSJJ 10, 1903.

46't

By unanimous consent the following House biBs were-
read second time and recommitted:

By Mr. Calvin-

A bill to amend section 453 of the Code relative tovagrancy.

By Mr. Brown-

A bill to authorize the mayor and council of Fort Valleyto issue bonds.

By Mr. Evans-

A resolution for the relief of W. F. Shurly and hisbondsmen.

By Mr. Carswell-

A bill to create a board of commissioners to make a. roster of Georgia soldiers and sailors.

By Mr. McElmurray-

A bill to establish the city court of Waynesboro.

By Mr. Morris-

A bill to create the C..,ntederate Memorial Board.

The following resolution was read and adopted :

By Mr. Mcl\Iichael-
A resolution appointing a committee of two from theSenate and three from the House to investigate the report of the whipping of Miss Mamie DeCris at the State Farm.

462

JOURNAL OF THE SENATE. ,

Committee on part of Senate are Senators McMichAel .and Hudson.

Ordered immediately transmitted.

Mr. Ledford, Chairman pro tern. of the Committee on Engrossing, submitted the following report :

111r. President:
The Committee on Engrossing report" as correctly engrossed and ready for transmission to the House the follow. ing bills and resolution, to wit:

A bill to require the ordinaries of this State to keep a record of all pensioners in their county.

A bill to provide for using the application and evide.nce. -of file in the office of Commissioner of Pensions, by maimed or wounded Confederate soldiers, in certain cases.
A bill to amend Act amending the charter of George- -town.
A resolution to pay pension of J. S. Brazile to his widow Margaret C. Brazile.
Respectfully submitted. M. L. LEDFORD, Chairman pro tern.

The following message was received from his Excellency, ihe Governor, through his Secretary, Mr. Blackburn :
-~fr. President:
I am directed by his Excellency, the Governor, to de.liver to the Senate a sealed communication, to which he

MoNDAY, AuGUST 10, 190S.

463

.respectfully invites the consideration of your honorable l:Jody in executive session.

Mr. Duncan. Chairman of the Committee on Engro.ssing, ,submitted the following report:

Mr. President:
The Committee on Engrossing report as duly engrossed and ready for transmission to the House the following resolution:
A resolution to appoint a committee to investigate the whipping of Miss DeCris.

Respectfully submitted. A. B. DuNCAN, lOth District, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted tbe following report:

lJ!?-. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House, the following 'resolution, to wit:

A resolution to ratify the action of the mayor and couneil of Marietta in authorizing Hansell street to be closed, :and for other purposes.

Respectfully submitted. W. F. SYMONS, Chairman~
Mr: Symons, chairman of the Committee on Enrollment, .submitted tbe following report.

464

JOURNAL OF THE SENATE;

M1. P1esident:
The Committee on Enrollment report as duly enrolled, signed by the President of the Senate and Speaker of the House and delivered to the Governor the following resolution, to wit:

A resolution to ratify the action of the m~tyor an:l coun:... cil of Marietta in authorizing Hansell street to be closed,. and for other purposes.

Respectfully submitted. W. F. SnroNs, Chairman.
Mr. Symons, chairman of the Committee on Enrollm~nt,. submitted the following report :
Mr. President: The Committee on Enrollment report as duly enrolled,
signed by the President of the Senate and Speaker of the Honse, and delivered to the Governor, the following Act,. to wit:

An Act to incorporate the town of Menlo, in ChathJoglll county, and for other purposes.
RespectluHy submitted; W. F. SYMONS, Chairman.

The following special order was taken up, which is a substitute to the following Senate bill:

By Mr. ClementsA bill to authorize and require the prison commission to
hire the labor of felony convicts in this State fot a Reriod of five years.
Report of the committee was agreed to.

MONDAY, AUGUST 10, 1903.

465

Upon the adoption of the House substitute as amended the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were :Messrs.-

Allen, Christie, Clarl;:,
Clements, Comas, Crumbley, Davis, Duncan of lOth,
Duncan, ot 36th,
Harrell, Hightower, Hopkins,

'Hudson, Jordan, Lee, Ledford, Mathews, McLean, McMichael, Merritt, 1\-Iiddlebrooks, Moore, Park, Perry,

Reid, Roberts, Skelton,
~mith,
Snead, Stevens,
8w~at,
Symons, Taylor, 'l'islnger, Turner, Worsham,

Those voting in the negative were :Messrs.-

Atkinson,

Lewis,

Van Buren,

Those not voting were :Messrs.-

Dodd, Golden,

McClure, Wtlliams,

Ayes 36, nays 3.

Mr. President.

'I.' he substitute having received the requisite constitutional majority was passed as amended, and the amend_ ments are as follows:

AMENDMENTS PROPOSED BY THE PENITENTIAH.Y COMMITTEE OF THE SENATE TO THE HOUSE SUBSTITUTE FOR SENATE BILL No. 68.

Amendment 1: Amend section 1, line 5 and also line 50 by striking word January and insert word March.
Adopted.
:~as

466

JOURNAL OF THE SENATE.

Amendment 2: Amend section 1 by striking all language beginning with the word "and" after the word "authorized" iu the ninth line and ending with the word "advertisement" in the eleventh line, and insert in lieu thereof "the advertisement shall be published as required. in section 8."
Adopted.

Amendment 8: Amend section l, page !, line 26 of printed bill by striking the following words: " No hirerahall have the right to sublet or sublease any convicts hired by him," and insert in lieu thereof the following: '' N <>lessee of convicts as herein provided for shall sublease any of said convicts to any person other than dUch as shall be approved by said commission, and only upon such terms a8. said commission shall prescribe!'
Adopted.

Amendment 4 : Amend section 1, line 441 page 3, by striking the wor~ 11 provide'' and insert in lieu thereof the-
word " require." Adopted.

Amendment 6 : Amend section 3 by striking out all after word "section" in second line, and insert following:.
"Be it further enacted, That the several counties of this
State shall have the right at their option to work and use convicts sentenced tn the penitentiary for periods of five years or less, on the public roads and public works, except those convicts which are now required by law to be plaeed upon the prison farm; that on or before Deoember 1, 1903, those counties desiring to work such ooovicts on their pub. lie works and roads shall, through their proper authorities, so notify the prisfln commission in \Vriting, and those counties which do not so notify the prison commission

MoNDAY, AuGusT 10, 1903.

467

shall participate in and take the proceeds from the hire of the convicts, made upon the ratio and in the manner hereinafter provided, to wit: That as soon after the first day of December, 190:3, as is practicable the prison commission shall make a just apportionment of all the felony convicts among the several counties of the State, on the basis of ' their general population as is shown by the latest United States census, so as to ascertain the number of convicts that each county will be entitled to ; and when this number is ascertained, those counties which have given the written notice above prescribed shall be furnished by the commission the number of convicts which it has been determined they are entitled to, out of the class of convicts above prescribed in the order of the filing of th~ applications therefor. If it should appear that applications are filed by counties for convicts, under the above provisions in excess of the number of convicts sentenced for five years and less, available for work upon the roads of the counties of this State, then said convicts shall be awarded only to those counties in the order of their applications that can be 1mpplied with their proportion of the convicts under said apportionment. When said commission determines the number which each county is entitled to the prison commission shall notify the counties which have been awarded their proportionate number of convicts, whereupon said counties shall be required to receive said .convict~;~ and transport them to their destination without expen~e to the State, and keep and use them upon the public roads and works of said counties for a period of not less than one year; provided, however, that any such county so taking and working such convicts shall have the option and right to retain and work such convicts for a period not longer than five years. Provided, also, that after any such county has kept and worked said convicts for a period of one year it may, alter having given said prison commission sixty

468

JouRNA.L oF THE SEKA.TE.

days' notice, return said convicts to said prison commission, and said commission shall thereupon proceed to award the said convicts to any county having applied therefor, making such award to the courts in the order of the date of such
applications; and in case there should be no such applica-
tions of file at the time of the return of such convicts, said commission shall lease said convicto, upon such tenhs and for such time as shall be, in their judgment, for the best interest of the State not incon~istent with the provisions of this Act. Those counties which receive and work their proportion of the felony convicts shall not participate in the proceeds of the hire of said convicts; only those counties shall be awarded convicts by the commission which work their misdemeanor convicts upon the public roads or works. In the event any county shall not have a sufficient number of convicts after having received the number awarded to them and there shall remain unapplied for by December 1, 1903, convicts of the class hereinbefore designated as available to be worked upon the roads of the counties of this State, it shall have the right to bid for additional convicts in the same manner and under the same terms and conditions as individuals or CC)rporations, and the said prison commission shall give said counties the preference in the hiring of said convicts, provided that the price offered by said county or counties is equivalent to or more than the net amount that would be received by the commission from the highest bicl made by an individual or corporation.''
Adopted.

Amendment 6: Ap1end by striking out section 4 and substituting the following: "Be it further enactecl, That the net hire of the convicts shall be transmitted quarterly by the Treasurer of the State to the treasurers of those counties which shall not have received their proportion of the felony convicts for work upon the public roads or

l\foSDAY, AUGUST 10, 1903.

469

works, and each county so receiving its proportionate part of the net hire of convicts shall appropriate it in the following manner and for the following purposes only, to wit~ For the common schools or for the public roads, as the first grand-jury sitting after the first receipt of funds from the hire of felotY convicts shall determine, provided that if it be determined to use said hirP-, either upon the roads or for the public schools, no succeeding grand jury shall change the application of said funds within two years, but after two years from the first recommendation by the grand jury of any county as to said hire, the grand jury of such county shall determine the disposition of such hire for next succeeding two years, and bi-ennially thereafter the grand jury shall determine as to said hire, as between t~e school fund and the public roads of the county."

Amendment 7 : Add new section, to be known as section 5 : " Be it further enacted, That the prison commission shall grade and classify all convicts to be leased under the provisions of this Act to the end that those convicts sentenced for life and others that are desperate and unruly may be separated from those sentenced for lesser crimes under such rules as the commission may prescribe."

Amend House substitute line 28, sec. 1, by striking therefrom the. words 500 after the word "than," and inserting "50," and amend after the word "received" in the same line and inserting "in any one bid," provided that this does not restrict any person, firm or corporation from making more than one bid. So that said firm or corporation may receive more than one group of 50.
Adopted.
Amend substitute after the word "contemplate'' in line 35 hy striking the words " the property of said principal

470

and security or securities ot' llllid bond shall be bound," and insert the following: "The State shall have a lieu on all the property of said principal and security o:r securities of said bond."

On the adoption of committee amendment No. 5 to the House substitute the ayes and nays were ordered, and the vote is as follows :

Those voting in the a:fli:rmative were Messrs.-

Allen, Christie, Clark, Oomas, Crumbley, Dodd, Davis, Duncan of 36th, Harrell, Hightower,

Hopkins, Jordan, Lee. Mathews, McLean, McMichael, Merritt, Middlebrooks, lioore. Park,

Beid, :Roberts, Smith, Snead, Sweat, Symons, Taylor, T1smger, Turner, Worsham,

Those voting in the negative were l!ess:rB.-
Atli:inson, Clements, Hudson,
Those not voting were 1\!eurs.-
Duncan of lOth, Golden,
Ayes 30, nays 8.
The amendment was adopted.
The following Senate resolution was r1ad and ad<~pted ;

Mo:NDAY, AuGusT 10, 1903.

471

By Mr. Tisenger-
A resolution providing that the Senate shall have two sessions of the day for the remainder of the session.

The following mes~;age was received from the House through Mr. Boifeuillet, the clerk thereof:

ltfr. President:
The House bas passed by the requisite constitutional majority the Jollowing bills of the House, to wit:

A bill to amend the charter of the city of Brunswick.

Also, a bill to amend a clause in the appropriation Act.

Also, a bill to amend the charter of the city of Blakely.

Also, House resolution endorsing the Brownlow bill.

Also, a bill to provide for removal of obstructions from streams of Carroll county.

Also, a resolution to make correction in House bill No. 527.

The House refuses to concur in the Senate amendments to the Jollowing How~e bills:
A resolution to require joint committee on finance to make certain investigation.

Also, a bill to amend Act to establish public schools in Lawrenceville.

The House has concurred in the Senate amendments to the following House bills:

472

JouRNAL OF THE SENATE.

A bill to amend the Act creating the mty court of Early county.

Also, a bill for protection of birds and their nests.
Also, a bill to amend.seotion 1378 of the Code.
Also, a oill !n provide for the teaching of elementary
principles of agriculture in the common school!!.
Also, a bill to prohibit the sale of liquors in Irwin county.
Also, u. bill to incorporate the town of Sand Rill.
Also, u. bill to prohibit catching of fish in Hall county.

Also, a resolution to make appropriation for exhibit at St. Louis Exposition.
Also, a bill to establish uniform system of textbooks in Georgia.
Mr. Jordan, chairman of the Committee on Agriculture, submitted the following report:

11l1. President:

The Cotomittee on Agriculture has had undereonsideration the following House hills which it instructs me toreport with the recommendation that they do pass :

A hill to create a board of county commissioners for the county of Bulloch.

A bill to provide the manner of fishing in Flint river,. and all streams in Fayette county.

1\Io~DAY, AuGusT 10, 1903.

473~

The Committee has also had under consideration the following House bill which it instructs me to report with the recommendation that it do pass as 'lmended:

A bill to amend section 221, volume 3 of Code, which provides for the posting of lands and for the punishment for hunting or fishing thereon.
Respectfully submitted. C. H. JoRDAN, Chairman.
Mr. Perry, chairman of the General Judiciary Committee, makes the following report :
Mr. Presiaent: The General Judiciary Committee has had under consid-
ation the following bill of the Senate, which I am instructed to report back with the recommendation that it "do pass."

A bill to amend section 7o5 of the 3rd volume of the Code of 1895, referring to certioraris from the county courts, and for other purposes.

Also, that the following bill of the House "do pass:"

A bill to abolish trials for in!;anity in certain caees. H. H. PERRY, Ch.airman.
. The following House hills were read first time :
By Mr. MitchellA bill to amend the Act incorporating the town of
Boston.

Referred to Corporation Committee.

474

JOURNAL OF THE SENATE.

By Mr. Fields-

A bill to inenrparate the Snow school district in Dooly county.

Referred to Education Committe.e.

By Mr. ~ann-

A bill to enlarge and define the powers of the police court. of the' cit.y of Savannah.

Referred to the Special Judiciary Committee.

By Messrs. Johnson and Singletary-

A bill to regulate the carrying of concealed weapons.

Referred to Special Judiciary Committee.

By Mr. Whitley-

A bill to create a department of health and health officers in this State.

Referred to the Hygiene and Sanitation Committee.

By Mr. Wellborn-

A bill to protect fish in Notla river in Uniun county.

Jl

Referred to AgricnltuTe Committee.

By Mr. ButtsA bill to amend the charter of the city of Brunswick.

Relerred to Corporation Cummittee.

MONDAY, AUGU8T 10, 1903.

4

.By Mr. BuchannonA bill to amend the charter of the city of Blakely.

Referred to Corporation Committee.

By Mr. Steed-
A bill to remove ohstructions from the streams of Carr county.
Referred to Agriculture Committee.

By Mr. Stovall-
A bill to amend the clause in the appropriation hill the years 1903 and 1904 which relates to the pubiicati of Georgia Reports.
Referred to General Judiciary Committee.
By Mr. FussellA bill to amend the Act authorizing the town coun'
of Cusseta to create a debt.
Referred to Corporation Committee.
By Mr. Edwards-
A bill to amend the Act creating a dispensary in Bue Vista, in Marion county.
Referred to Educatio.n Committee.

476
By Mr. Bell-
A bill to amend the Act creating the boordof'commissions of roads and revenues for Emanuel county.
Referred to Special Judiciary Committee.
By Mr. SteedA bill to create the ofDce. of road commissions for the
county of Carroll.
Referred to Special Judiciary C11m mittee.
By Mr. EnglishA bill to amend the charter of the town. of Norwood.
Referred to Corporation Committee.
By Mr. McHenryA bill to amend the charter of East Rome so as to au-
thori~~e the collection of taxes.
Referred to Special Judiciary Committee.
By Messrs. Holder and HardemanA bill to amend the Act creating the board of county
commissions of Jackson county.
Referred to Special Judiciary Committee.
By Mr. BurtonA hill to repeal an Act creating the hoard of county
commissions for Franklin county.
Referred to Special Judiciary Committee.

MoNDAY, AuausT 10, 1903.

477

By Mr. Butts-
. A bill to make it unlawful to kill any cow, bull, steer, hog, etc., in the 25th district. of Glynn, county.
Referred to Agriculture Committee.

By Messrs. Duckett, Holder and Hardeman-
A bill to amend the Act amending the charter of Maysville.
Referred to Corporation Committee.

By Messrs Cann, Stoval and Harden-
A bill to regulate the sale of spirituous liquors in cities by authority of municipal enactment.
Referred to Temperance Committee.

By Mr. BentonA bill to create a board of commissions of roads and
revenues for Franklin county. Referred to Special Judiciary Committee.
By )lr. PaulkA bill to incorporate the town of Mystic m Irwin eouuty.
Referred to Cvrpotation Committee.

478

By Mr. Adams--

A bill to amend section 6 of an Aot to organize the mili-

tary forces of this State.



Referred to Committee on Military Atfairs.

By Messrs. Steed and Hixon-
A bill to oreate a. board of county commissioners of Carroll county.
Referred to the Special Judiciary Committee.

By :Mes~:~rs. Doziera.nd Ridley-

A. bill to amend an Act esta.blishing a. system of publicschools in the city of LaGrange.
Referred to the Committee on Education.

By Mr. Shannon-
A bill to abolish the mty court of' Forsyth in Monroe county.

Referred to the. Special Judiciary Committee.

By Mr. Stovall-
.A.. bill to make an appropriation to the trustees of the University for the completion of the Winnie Davis monumept.
Referred to the Appropriation Committee.

MoNDAY, Auau.:>T 10, 1U03.

479

By Mr. Reid-
A bill to create a new charter for the town of Palmetto in Campbell county.

Referred to the Corporation Committee.
By Mr. DuckettA bill to change and fix the time for holding the Supe-
rior Court of Banks county.

Referred to the Special Judiciary Committl~e.

By Mr. Howard-
A bill to provide for the exchange of the present site of the Presbyterian church at Milledgeville.

Referred to the Special Judiciary Committee.

By Mr. RoperA bill to provide for the removal of obstructions from
the streams of Dawson county.
Referred to the Agriculture Committee.

By Mr. McBrideA bill to amend an Act prohibiting the sale of spirituous
liquors in Lee county.
Referred to the Temperance Committee.

By Mt. FranklinA bill to amend an Act providing for a new charter for
the city of Tennille.
Referred to the Rpecial Judiciary Committee.

480

JouRNAL OF THE SENATE.

By Mr. Aikin-

A bill to allow defendants in certain trover cases to .plead set-offs or to recoup in damages.

Referred to the General Judiciary Committee.

By Messrs. Howard and HicksA bill to amend the Act providing a charter for Dublin. Referred to the Corporation Committee.

By Mr. Bowen-
A bill to incorporate Pineview school district in Wilcox -county.
Referred to the Education Committee.

By Mr. SlatonA resolution to pay expenses of investigating committee. Referred to the Appropriation Committee.

By Mr. StovallA resolution to authorize correction in House bill COl. This resolution was concurred in,

By Mr. CannA resolution to make correction in House bill 527. This resolution was adopted.

l\fo:><DAY, AuGUST 10, 1903.

481

By Mr. Glenn-

A resolution endorsing the Brownlow good-roads bill now pending in Congress.

Referred to the Agriculture Committee.

The following House bills were read the second time :

By l\Ir. Felder-
A bill to amend an Act regulating the control of misde.meanor convicts in Bibb county.

By l\Ir. DunbarA bill to amend the charte'r of the city of Augusta.

By Mr. Wooten-
A bill to establish a new charter for the town of Riggston.

By Mr. RainyA bill to amend the Act establishing the city court of
Dawson. By Mr. Slaton--
A bill to abolish trials for insanity in certain cases.

By Mr. Wise-
A bill to provide the manner of fishing in Flynt river in Fayette county.
3ls

482

JouRNAL OF THE SENATE.

By Mr. Felder-

A bill to amend the charter of the city of Macon, to.. provide for the extension of said limits.

By Mr. Deal-

A bill to provide for the creation of a board of county commissioners of Bulloch county.

By :Mr. Booth-
A bill to prescribe the qualification of jurors m thesuperior courts, and for other courts.

This bill was recommitted. Un motion, Senate adjourned until3 o'clock p.m.

The Senate met pursuant to adjournment at 3 o'clock,. was called to order by the President.

0 pon motion the roll call was dispensed with.

The following House bills were read third time and put upon their passage.

By Mr. Sanders-
A bill to iucorporate the town of Centralhatchee in Heard; county.

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.

MoNDAY, AUGUST 10, 1903.

483

By Mr. Phillips-
A bill to incorporate the town of Spread in Jefferson county.

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. George and Lawrence-
A bill to amend the Act incorporating the town of High Shoals in Walton 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. Griffin-
A bill to amend an Act creating a board of commissions of roads and revenues for Twiggs county.

Report of the committee was agreeJ to.
Upon passage of the bill the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.

484

J Ol1l.UU.L OF THE SUAT:B.

Byl\Ir. Kent-

.A bill to amend an Act incorporating the town of Kite.

Report of the committee was agreed to.

Upon the passage of the bi.ll the ayes were 24, nays 0.
The hill having received the requisite constitutional majority was passed.

By 1\Ir. Evans-

A bill to create a new charter for the town of Davisboro. Report of the committee was agreed to.

Upon the passage of the bill the ayes were 25, nays 0.

The hill 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 bill of the Senate to wit :

.A bill to alter and amend Article 8, Section 4, paragraph 1, of the Constitution.
The House has passed by the requsite constitutional majority the following bills of the House, to wit:
A bill to incorporate the Pleasant Valley school district.

Mo1'DAY, AuGusT 10, 1903.

485

Also, a bill to incorporate the Oakland school district in Dooly county.

Also, a bill to establish the public school system of Arlington in Calhoun and Early counties.

Also, a bill to incorporate the town of Isabella m Worth county.

Also, a bill to incorporate the Dooling school district.

Also, a bill to establish the Canon school district.

Also, a bill to make it unlawful to procure money on contract to perform manual labor.

Mr. Turner, of 34th district, vice-chairman of the Appropiations Committee, submitted the following report:

JJir. President:

The Committee on Appropriations have had under consideration the following House resclution and bill which they recommend ~o pess, to wit:

A resolution to pay the expense of the committee to IDvestigate lobbying.

A bill to be entitled an Act to make an appropriation to the trustees ot the University of Georgia to aid in the completion <)f the "\Vinnie Davis Memorial Hall," a dormitory builJing at the State :1\ormal School at Athens, Ga.

Respectfully submitted. PAUL TuRNER, Vice-Chairman.

The following House bills were read first time:

486

JOURNA.J- OF THE SENATE.

By Mr. Pate-
A bill to incorporate the Pleasant Valley school district in Dooly county.

Referred to Education Committee.

By Mr. Adams-
A bill to make it unlaw ul for any person to procure money or other thing of value on contract to perform services with intent to defraud.

Referred to Agriculture Committee.
By Mr. FieldsA bill to incorporate the Oakland school district m
Dooly connty.

Referred to Education Committee.

By Mr. Alford-
A bill to incorporate the town of Isabella, of \Vorth ()OUnty.

Referred to Corporation Committee.

By Mes!;rs. Stewart and Buchan non-

A bill to establish a public school system in Arlington.

Referred to Education Committee.

By Mr. BurtonA bill to establish the Canon school district.

Referred to Education Committee.

MoxDAY, AuausT 10, 1903.

487

The following rnes1'age was received Jrorn His Excel~ency, the Governor, through his secretary, Mr. Blackburn:

Jfr. President:

I am directeo 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.
By Mr. Fields-

A bill to incorporate the Dooling school district, m Dooly county.

Referred to Education Committee.

The following resolution was read and adopted:
By Mr. Perry-
A resolution appointing a committee of two from the Senate and three from the House to investigate certain claims of the Simms heirs against the Northeastern Railroad.

Committee on the part of the Senate, are Senators Perry and Lewis.

The following House bill was read third time to be put upon its passage:

By Mr. Boykin-
A bill to incorporate the Amity school district in Lin-coln county.

Report of the committee was agreed to.

488

JQURNA.L OF THE SENATE.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite eonstitutional majurity was passed.

The following message was received from the Housethrough :\1r. Boifeuillet, the clerk theteof:
111r. President:

The Honse has paRsed by the requisite constitutional majority the following bills of the House, to wit:

A bill to incorporate the Waresboro school district w \Vare county.

Also, a bill to incorporate l\Iouut Vernon ~chool district.

The following message was received from the Hou~e tbrough 1\Ir. Boifenillet, the clerk thereof:

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

A bill to amend the General Tax Act so as to pro,idc for additional appropriation of $2,500.00 for the Soldier.~' Home, and for other purposes.

The following House bills were read first time:

By l\11'. Fields-
A bill to incorporate the l\lonnt Vernon school district. in Dooly county.

Referred to the Education Committee.

TUESDAY, AUGUST 11, 1903. By Mr. Spence-
A bill to incorporate the Waresboro school district m \Yare county.
Referred to the Education Committee. By 1\Iessrs. Holder, Hardeman and Shackelford-
A bill to amend tbe general appropriation bill for 1!::!0304, so as to add $2,500 to the Soldiers' Home.
Referred to the Appropriation Committee. At 4:45 o'clock the Senate went into executive session. On motion, the Senate adjourned until to-morrow morning at 10 o'clock.
SENATE CHAMBER, A'rLANTA, GEoRGIA,
Tuesday, August 11, 1903. The Senate met pur~uant to adjoumment at 10 o'clock; was. called to order by the President. Pmyer was offered by the Chaplain. On motion, the roll-call was dispensed with. The Journal of yester.lay was read and approved. Mr. Comas, chairman of the Committee on Hygiene and Sanitation, submitted the following report:

490

JouRNAL OF THE SEx-ATE.

Mr. President :

Your committee hu had under QOnmderatiou the following House hill \Vhich they rEIQOmmend do pau u amended, to wit :

A bill to be entitled an Act to oreate a Department of Health aud Health Officer~~ in thia State, ed for other purpol!lel!l.

Respectfully auhmitted.

P. H. Oous, Chairman.

l\fr. Ledford, chairman pro tem. of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Engrossing report as duly engro~sed and .ready for transmission to the House the following resolution :
A resolution to appoint a committee to investigate and re-
port upon question of doing justice to heirs of Sherman ,J.
.Sims.
Respectfully eubmitted. l\f. L. L::mli'OJW, Chairman Pro Tem.

The following meeage wu received from the House through Mr. Boifeuillet, the Clerk thereof:

Mr. Speaker:

The House hu paaed by the requisite QODstitutional nmjority by illlbEtitute, the following bill ofthe Senate, to wit:
A bill to authorize defendants in actions now pending to plead as defense pol!ll!lel!ll!lion of 20 yeara.
A bill to direct tht> Penaion Commil!ll!lioner to pay certain pension money to ordinaries f<tr disposition.

TuEsDAY, AuGUST 11, Hl03.

491

The following resolution and ask concurrence ofthe Senate in the same:

A resolution providing for return of House bill 110.

The following message was received from His Excellency, the Governor, through his Secretary, Mr. Blackburn:

Mr. President:
His Excellency, th~:~ Governor, has approved and signed the following Acts, to wit:
An Act to change the time of holding the fall term of Upson superior court.
An Act to establish a system of public schools for Pierce county.
An Act to incorporate the Kinsington school district in walton county.
l\1!'. Davis, chairman of the Finance Committee, submitted the following report:

M1. P1esident :

The Committee on Finance has bad under consideration the following resolution of the House, which it instructs me to re port back with the recommendation that the same do pass :

A resolution for the relief of W. F. Shurly and his bondsmen.

Respectfully submitted.

'VIII. H. Davrs, Chairman.

Mr. Perry, chairman of the General Judiciary Commitl.ee, made the following report :

492

JouRNAL oF THE SENATE.

Mr. President:

The General Judiciary Committee has had under consideration the following bill of the House, which I am instructed to report back with the recommendation that it do pass as amended:

A bill to amend section 453, volume il, of the Code, in regard to vagrancy.

Respectfully submitted.

H. H. PERRY, Chairman.

l\Ir. Duncan, chairman of the Temperance Committee, submitted the following report:

Mr. President:

The Committee on Temperance has had under consideration the following House bill, which it instructs rue to report with the recommendation that it do pass:

A bill amending Act prohibiting the sale of liquors m Lee county.

Respectfull( submitted.

DuNCAN, 36th, Chairman.

l\ir. Duncan, chairman of the Committee on Temperance, submitted the following report:

Jfr. President:

The Committee on Temperance 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 amend Act to establish and maintain a dispensary in the town of Colquitt, )filler county.

TUESDAY, AuausT 11, 1903.

493

A hill to repeal Act am~nding the charter of the town of Meig~. in Thomas county.

Respectfully submitted.

DuNCAN, 36th, Chairman.

Mr. Jordan, chairman of the Committee on Agriculture, submitted the following report;
Mr. President : The Committee on Agriculture has had under consideration
the fl)llowing Houae bille, which it imtructs me to report with the recommendation that they do pass :

A bill to fix the number of days each person subject to road duty shall be required to work.

A bill to prohibit hogs from running at large.

A bill making it unlawful for any one to procure money or goods on a contract to perform services with intent to defraud.

A bill to repeal Act to erect gates in certain section in Fann,in county.

A bill to make it unlawful to kill any cow, etc., in 25th district, G. M.

A bill to protect fish in the Notla river in Union county.

Also that the following House resolution do pa8s:

A resolution endorsing the "Brownlow bill."

Respectfully submitted.

C. H. JoRDAN, Chairman.

The following House hills were read second time and recommitted:

494

JOURNAL OF THE SENATE.

By Mr. Underwood-

A bill to amend the appropriation bill for 1903 and 1904 relative to the publication of Georgia Reports.

By Mr. Aikin-
A bill to allow defendants in certain trover cases to plead setoffs in certain cases.
The following House bills and resolutions were read second time:

By Mr. Slaton-
A resolution to pay the expenses of the committee investi-gating lobbying.

By Mr. Whitley-
A bill. to create a department of health and health officers in this State.

By Mr. Roper-
A bill to provide for the removal of obstructions from the streams in Dawson county.

By Mr. Steed-
A bill to provide for the removal of obstructions from the streams of Carroll county.
By Mr. Stovall-'-
To make an appropriation to complete the Winnie DavisMemorial Hall.

TuEsD.-\ Y, AuGusT 11, 1903.

495.

By :\ir. Adams-
A bill to amend section 6 of the bill to organize the military forces of this State.

The following House bills were read third time to be put upon their pas;age :

By Mr. Richardson-
A bill to amend section 221 of the Code which provides for the posting of lands.
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, as amended. Amend caption by striking from lines 5 and 6 the words ''or fishing ; " amend section 1 by striking out in lines 9 and 10 the words "enter upon, pass over or;" also amend section 1 by striking out of lines 26 and 27 the words "enter upon said lands or; " also amend section 1 by adding at the end thereof the words, " When said lands are so posted such po::ting shall be held and deemed a legal notice under this section."
Amend section 4 of the bill by adding at the end of said section the following: ''At the time of the registering of the name of the land owner he shall also register a description of the lands that have been posted, giving the district in which said lands are located, and either the numbers of the lots or other description of the lands sufficient to put the public on. notice of the lands referred to. For registering said name and description, the officer in whose presence the registry is made is authorized to charge and collect a fee (}[ 25 cents from the person so registering."

496

JouRNAr, OF THB SENATE.

By Hesm. McElmurray and :Nesbit-
A bill to establish the city aourt of Waynesboro m Burke -aounty.

Deport of the committee wu agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Rainey-
A bill tn amend the Act establishing the mty court of Daw son.
Bepnrt of the committee wu 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. Evans-
A resolution for the relief of \V. F. Shurly and his bondsmen.
Deport aftbe 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. FelderA bill to extend the corporate limits of the city of Macon.
Deport of the committee wu agreed to. Upon the passage of the bill the ayes were 25, nays 0.

TUESDAY, AUGUST 11, 1903.

497

The bill having received the requisite constitutional majority was passed.

By Mr. Felder-
A bill to amend an Act regulating the control of misdemeanor convicts in Bibb county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed, as amended: Amend section 1 by striking out all the words in said section appearing after "1903" in 11th line . and ending before "at" in 14th line, the words so stricken being .as follows : ' Said such time as they may deem proper of each year, to be determined by the Board of County Commission.ers." Also amend by striking out of said bill all of section and numbering the remaining sections accordingly.

By Mr. DealA bill to create a Board of County Commissionera of Bullock
<:ounty.
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. TignerA bill to fix the number of days each person shall be subject
;to road duty.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 31, nays 0.
32s

498

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By Mr. Dunbar-

A bill to amend the charter of the city of Augusta so as to provide for the manner of conducting primary elections.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority

was passed.



By Messrs. Mitchell, Rountree and Singletary-

A bill to repeal an A.ct amending the Act incorporating the town of Meigs.

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. Wooten-
A bill to establish a new charter for the town of Higgston in Montgomery county.
Report of the committee was agreed to.
Upon the pa8sage of the bill the ayes were 2!), nays 0.
The bill having received the requisite constitutional majority was pa8sed.

TFESDAY, AUGUST 11, 1903.

499

By Mr. Wise-
A bill to provide the manner of fishing in Flint river in Fayette 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. Maples-

A bill to create the Camilla school district in Mitchell county.
Report of the committee was agreed to.

Upon the passsge of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majorit was passed.
By Messrs. Hawes and Stovall-
A bill to appropriate $2,000.00 to secure. from England records pertaining to Georgia history.
Report of the committee was agreed to.

This being an appropriation the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark,

Clements, Davis, Golden, Hightower,

Hopkins, Hudson, Jordan, Le.>,

.500
LedfortJ, :Lewis. Mathews. UeClure. McLean, McMichael, :Herritt, Koore,

JOURNAL OF THE SENATE

Pa.rk, Perry, Reid, Roberts, Skelton, Smith,
Snead,
Stevens,

Sweat, Symons, 'l'a.ylor, 'l'urner, Van Buren, Williams, Worsham.

ThOlle voting in the negative were ::Measrs.-

Dodd,

Harrell,

Those not voting were :Mesm.-

'Comas. CrumbleY, Duncan of iOtb,

Duncan of 88th, Middlebrooks,

Ayes li, na1B a.

"The bill was pae.aed.

'.tis Inger, Hr. President.

:By Mr. Owen-

A resolution mfandin1 to the Bank of Jkrneaville $50.00.

This being an appropriation the ayes and nays were ordered and the vote ia u follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie.
(]la.rk,
Comas, Crumbley,
Dodd,
Davis, Duncan of 36th, Hightower,

Hopldns, Hudson, Jordan. Ledford. Lewis. Mathews, Mcmure, MeLean,
lic~Iichaei.
Merritt,

Moore. Perry, Reid, Roberts. Skelton, Smitb,
Snead,
Stevens, Sweat,
~mons.

Taylor, Turner,

TuESDAY, AuGusT 11, 1903.

501

Van Buren, Williams,

Worsham.

Those not voting were Messrs.-

Clements, Duncan of lOth, Golden,

Harrell, Lee. Middlebrooks,

Ayes a5, nays 0.

Park, Tisinger, Mr. President,

The resolution was passed.

By Mr. Sanders-

A bill to incorporate the Franklin school district in Heard! county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays, 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Underwood-
A resolution authorizing and directing the Treasurer to trans-fer certain pension funds to o~her pension funds.

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. SlatonA resolution to pay E. R. Black certain compens11tion.

Report of the committee was agreed to.

502

JOURNAL OF THE SENATE.

This being an appropriation the ayes and nays were ordm and the vote is as follows :

Those voting in the affirmative were Jl.1:essrs.-

Atkinson, Christie, Clark, Clements, Comas, Crumbley, Duncan of 36th, Hightower, Hopkins, Jordan, Lee,

Ledford, Lewis. Mathews, McClure, McLean, McMichael, Middlebrooks, Moore, Perry, Reid,

Roberts, Skelton, Smith, Snead, Stevens, Sweat, Symons, Taylor, williams. Worsham,

Those not voting were Messrs.-

Allen, Dodd, Davis, Duncan of lOth, Golden,

Harrell, Hudson, Men-itt, Park,

'J'isinger, Turner, Van Buren, Mr. President.

Ayes 31, nays 0.

The resolution was passed.

By Mr. Morris-
A resolution of consent on the part of the State that the "
Line railroad cross under the w. & A. railroad in Cc
eounty.
Report of the committee was agreed to.

Upon passage of the resolution the ayes were 26, nays 0.

The resolution having received the requisite constitutio majority was passed.

TuESDAY, AuGUST 11, 1903.

503

By Mr. Slaton-

A bill to abolish trials for insanity in certain cases.

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. Calvin-

A bill to amend section 453 of the Code relative to vagrancy in this State.
'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.
Amend by adding after paragraph 7 in section 1 the following as paragraph 8 :
All persons over 16 and under 21 years of age, able to wt:~rk and wh.:> do not work, and who have no property to suppbrt them and have not some known and visible means of a fair, honest and reputable livelihood, and whose parents are unable to support them and who are not in attendance upon some ed ucati1mal institution.

Amend by adding to the 1st section the following : Provided that it shall be a sufficient defense to the charge of vagrancy and any of the provisions of this Act, that the defendant has made bona fide efforts to obtain employment at reasonable prices for his labor and has failed to obtain the same.
House amendment to the following Senate resolution was -concurred in :

504

JOURN:AL OF THE SENATE.

By Mr. Davis-

A resolution to authorize the State Bank Examiner to em-ploy a stenographer.

Senate bill No. 156, with House amendment, was referred to the General Judiciary Committee.

House resolution No. 134, with Senate amendment, which the House refuses to concur in, was recommitted to the Finance Committee.

Senate concurs in House amendments to Senate amendment to the alternative road law bill.

The Senate recedea from its amendment to the House bill establishing public schools in Lawrenceville.

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

Mr. President :

The House .has adopted by substitute the following Senate resolution, to wit:

A resolution to appoint a committee to investigate the whipping of Miss DeCris at the prison farm at Milledgeville. Ga.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations has had under consideration' the following House bills which it instructs me to report witlh the recommendation that they do pass:

A bill to amend charter of Blakely.

TuESDAY, AUGUST 11, 1903,
A bill to amend charter of Brunswick.
A bill incorporating the town of Mystic.
A bill to amend charter of town of Norwood.
A bill to amend Act authorizibg the mayor and council of Cusseta to create a debt.
A bill to incorporate the town of Isabella.
A bill amending charter of town of Boston.
A bill to amend charter of town of Maysville.
A bill to create a new charter for Palmetto.
The committee also recommends that the following Housebill be read second time and then tabled :
A bill to amend charter of the city of Dublin, and for other purposes.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.
Mr. Ledford, chairman of the Committee on Education,. submitted the following report :
Mr. President:
The Committee on Education has had under consideration the following House bills which it instructs me tore port with the recommendation that they do pass:
A bill to create the Camilla school district.
A bill to incorporate the Franklin school district m Heard county.

.006
A bill amending Act establishing a srstem of public 4:!chools for Hazlehurst.
A bill to esta.blish the Canon public school district.
A bill to incorporate tbe Pineview school district in Wilcox county.
A bill to a.mend. Act establishing a. system of public schools in the city of LaGrange.
A bill to establish & public school district in the town of
. Arlington.
A bill to incorporate the Waresboro school district in Ware county.
The committee hu also ha.d under consideration the following House bills, which it instructs me to report with the recommendation that they do pass as amended :
A bill to incorporate the Pleasant Valley school district.
A bill to inuorpora.te the Mount Vernon school district.
A bill to incorporate the Snow 11chool district in Dooly .county.
A bill to incorporate the Dooling school district in Dooly county.
A bill to incorporate the Oakland school district in Dooly county.
The committee has also bad under consideration the following House bill which :it instructs me to report witb the recommendation that it do not pass:

TuESDAY, AuGUST 11, 1903.

507

A bill to incorporate the Ben Hill school district in Houston and Crawford counties.

Respectfully submitted. M. L. LEDFORD, Chairman.
The following Home bills were read third time to be put upon their passage:

By Mr. Owen-

A bill to incorporate the Concord school district in Pike COUnty.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays CJ.

The bill having received the requisite con!'titutional majority was passed.

By Mr. Owen-

A bill to incorporate the Milner school district in Pike -county.

Report Of the committee wa!' agreed to.

Upon the paE'~age of the bill the ayes were 27, nays 0.

The bill haYing received the requisite constitutional maJority was passed.

The Senate refuses to concur in the House substitute to the following resolution :

By Mr. McMichael-

A. resolution appointing a committee to investigate the whipping of Miss Mamie DeCris at the State farm.

508

JouRNAL OF. THE SENATE.

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

By Mr. Morris-

A bill to incorporate the Olive Springs school district in Cobb 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. Morris-

A bill to amend the Act incorporating the Upshaw school district.

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. Morris and McLain-
A bill to incorporate the Elizabeth school district in Cobb county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 32, nays 1.
The bill having received the requisite constitutional majority was passed.

TuESDAY, AuGUST 11, 1903.

509

:By Mr. Morris-

A bill to incorporate the Smyrna school district in Cobb -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 Messrs. Morris and McLain-

A bill to incorporate the Leonard school district in Cobb -county.

Report of the committP.e 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 as amended.

Amend by adding at the end of section 9 the follow.ing words, to wit :

Proyisions of this section and section 8, giving the boards -of trustees power and authority to levy and collect taxes on all the taxable property of said district for the purpose
of defraying the expenses of said school, shall not be -effective until adopted by two-third vote of the qualified voters of the said di~>trict.
Amend by striking out all of section 15 and inserting in lieu thereof the following:
Section 15. Be it further enacted, That the provisions of this Act incorporating the Leonard school district should not go into effect until ratified by a majority of the qualified ,oters living within the territory incorporated in this bill at an election to be held by the freeholders entitled

510

JOURNA.L OF THE SENA.TE.

to vote at said election, within sixty days after the approval of this bill, of which election not less than twenty days' notice shall be given by the trustees named in this bill, by posting notices at three or more prominent places within the territory incorporated in this district, said notices to state plainly the time and place of holding said election. The polls to remain open from 8 o'clock a. m. to 3 o'clock p. m. Those voting in said election, who desire to adopt the provisions of this Act incorporating said district, shall have printed on their tickets, "For incorporation," and those voting against the provisions of this Act shall have written or printed on their tickets, "Against incorporation." All persons who have lived within the district incorporated in this bill for six months next preceding this election and who are entitled to vote for members of the General Assembly under the present law, shall be entitled to vote in said election. When the polls in said election are closed the managers shall proceed at once to count the ballots and declare the result of said election, and the returns, together with the result as declared by said managers, shall be filed in the Ordinary'& office of Cobb county.
l\Ir. Middlebrooks, chairman of the Committee on Corporations, submitted the following report:

Mr. President:

The Committee on Corporations has had under consideration the following House bill, which it instructs me to report with the recommendation that it do pass as amended:

A bill to amend the charter of Acworth in Cobb county.

Respectfully submitted. L. L. l\IrnoLEBROOKS, Chairman.
The following House bills were read second time :

TUESDAY, AUGUST 11, 1903.

511

By Mr. Fussell-

A bill to amend the Act authorizing the town council of Cusseta to create a debt.

By Mr. Duckett-

A bill to change and fix the time for holding the superior court of Banks county.

By .1\Ir. Burton-

A bill to establish the Canon puhlic school district. By l\Ir. English-

A bill to amend the charter of the town of Norwood.

By Mr. Fields-

A bill to incorporate the Mount Vernon school district.

By Mr. Bell, of Emanuel-

A bill to amend an Act creating a board of commissioners of roads and revenues of Emanuel county.

By Mr. Burton-

A bill to be entitled an Act to repeal an Act to create a board of roads and revenues of Franklin county.

By l\Ir. Fields-
A bill to incorporate the Dooling school district in Dooly county.

By Mr. Fields-
A bill to incorporate the Oakland school district in Dooly county.

.512

JouRNAL oF THE SENATE

.By Messrs. Dozier and Ridley-

A bill to amend an Act to establish a system of public :Schools in LaGrange.

By Mr. Fields-
A bill to incorporate the Snow school district in Dooly -county.

By Mr. Alford, of Worth-

A bill to incorporate the town of Isabella in the county -of Worth.

By Messrs. Duckett, Holder and Hardeman-

A bill to amend the charter of the town of Maysville.

By Messrs. Howard and Hicks, of LaurensA bill to amend the charter of the city of Dublin.
By Mr. Cromartie, of ApplingA bill to amend an Act establishing a system of public
-schools for Hazelhurst.
By Mr. ButtsA bill to amend the charter of the city of Brunswick.

By Mr. BuchannanA bill to amend the charter of the city of Blakely.
By Mr. Mitchell, of ThomasA bill to amend the charter of the town of Boston.

TUESDAY, AUGUST 11, 1903.

513

By Mr. Spence-

A bill to incorporate the Waresboro school district.

By Mr. Cann-

A bill to enlarge and define the powers of the police court of the city of Savannah.

By Mr. Shannon-

A bill to abolish the city court of Forsyth in Monroe county.

By Mr. Paulk-

A bill to incorporate the town of Mystic in the county of Irwin.

By Messrs. Johnson and Singletary-

A bill to regulate the carrying of certain deadly weapons.

By Mr. Reid-

A bill to create a new charter for Palmetto, Campbell county.

By Messrs Stewart and Buchannon-

A bill to establish a system of public schools in the town of Arlington; to extend the limits of said town, and for other purposes.

By Mr. Burton-

A hill to create a board of commissioners of roads and revenues for Franklin county.
338

514

JOURNAL OF THE SENATE.

By Messrs. Steed and Hixon-

A bill to create a board of commissioners of roads an<f revenues for Carroll county.

B; Messrs. Steed and HixonJ
A bill to create the office of road commi!'sioner for Carroll county.

By Mr. Franklin-
A bill to amend the Act providi-ng a new charter for the town of Tennille.

By Mr. Pate-
A bill to incorporate the Pleasant Valley school district in Dooly county.

By Mr. Edwards-
A bill to amend the Act creating a dispensary in Buena Vista.

By Mr. Bowen-
A bill to incorporate the Pineview school district in Wilcox county.

By Me.>srs. Holder, Hardeman and Shackelford-
A bill to amen!l the Appropriation Act in reference to Soldiers' Home.
By Messrs. Holder and Hardeman-
A bill to amend an Act creating a board of commissioners of Jackson county.

TuESDAY, AuGUST 11, 190:3.

515

By Messrs. Cann, Harden and Stovall-
A bill to regulate the sale of liquors in cities of this State.
By Mr. McBride-
A bill to amend the Act prohibiting the sale of spirituous liquors in Lee county.
By Mr. Davis-
A bill to repeal an Act erecting public gates from the residence of Adam Davenport to W. B. G. Rogers' in Fannin county.
By Mr. H0ward-
A bill to provide for a change in the site of the Presbyterian church in Milledgeville.
By Mr. Yates-
A bill to prohibit hog~ from running at large.
By Mr. Adams-
A bill to make it unlawful to procure money or other thing of value on contract to perform services.
By Mr. Bush-
A bill to amend the Act establishing a dispensary in Colquitt county.
By Mr. Wellborn-
A bill to protect fi,;h in the Notla river in Union county.

516

JouRNAL OF THE SENATE.

:By 1\Ir.l\IcHenry-

A bill to amend the charter of the town of East Rome.

By Mr. Butts-
A bill to make it unlawful for any person to kill any cow, bull, steer, etc.1 in the 25th district of Glynn county.
By l\Ir. Glenn-

A resolution endorsing the Brownlow bill now pending in Congress.

The following House bill was read third time to be put upon its passage :

By 1\Iessrs. McLain and 1\IorrisA bill to amend the charter of Acworth in Cobb county.

Report of the tommittee was agreed to.

Cpun the passage of the bill the ayes were 2G, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follows:
Amend by adding the following as section 23 and rt>. numbering other sections : That the above provisions shall not become operative until ratified hy a majority of the qua.lified voters of the city of AC\vorth, at an election to be tttlled by tb~ mayor and council between now and .January 11 190!1 thirty days' notice to be given of such election.

On motion, the Senate adjourned until 3:30 o'clock.
The Senate met pul'!lnant to adjournment at il:OO o'clock ; was called to order by J-he President.

TUESDAY, AUGUST 11, .1903.

517

l'he following House bill was read third time to be put upon its passage:
By Mr. Alford-
A bill to establish a school district at Fillyaw, Worth county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill haYing received the requisite constitutional majority was passed.
Mr. Lee, chairman of the Committee on Penitentiary, submitted the following report :

Mr. P1esident:
Your Committee on Penitentiary has had under consideration the following Senate resolution, which they recom_mend do pass :
A resolution condemning the practice of whipping "omen convicts in this State.

Respectfully submitted.

GoRDEN LEE, Chairman.

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

lJ1r. President:
The House has adopted the following joint resolutions and invites the concurrence of the Senate in the same:
A resolution providing that all unfinished business be carried o\er to the next session of the General Assembly.

Ill

Alm a. resolution providiq for bringiq up the unfin

ished bwdnmm of the session.

,

Alm a. resolution relating to the unfinished business of the lilll!lion.
The House has adopted the substitute proposed by the Senate to the following bill :

A bill to amend the Act providing for a. solicitor of the county court of Oconee county.

The Roue has passed by the Tequililite constitutional
mll:)ority the :following bill o:f the Sena.te, to wit:
A bill to amend Art. 7, Sec. 1 of the Con1titution, so as to limit the rate of taxation.
The Rouse has also passed by the requisite constitutional majority the following bill of the Senate, to wit:

A bill to regulate the sale of stooklil in bulk.

The Rouse amends the amendment of the Senate to the followiq Honse bill :

By :Mr. Calvin-
For protection of birds in this State, and for other purposes.

The House has adopted the following joint resolution, and invites the c'oncurrence of the Senate in the same:
A resolution regulating the number of pages, etc., for the Genersl Assembly.
'l"he ,Rouse' has' passed by ther requililite constitutional :majority the following Sena.te resolution :

TUESDAY, AUGUST 11, 1903.

519

A resolution directing the State Printer to bind certain :records.
The following House resolutions were read and adopted.):

By Mr. Wellborn-
A resolution directing the Clerk of the House and Secre-
of tary of the Senate to mail to each member the statu
unfinished business.

By Mr. Wellborn-
A resolution authorizing the officers of the Senate and House to remain at the Capital five days after the session and that they receive their per diem.

By Mr. Fielder-

A resolution providing that all bills and resolutions not acted on this session shall go over as unfinished business;

By Mr. Calvin-
A resolution directing the auditing committee to audit -the account of the pages at their usual per diem; also audit an account for assistant doorkeeper at 84.00 per dayr. This resolution was amended by making two doorkeepers instead of one.
The following Senate bill was taken up with House sub stitute:
By Mr. Perry-
A bill to limit the tax rate to 5 mills.
On the adoption of the subl:!titute the ayes and nays were -~rdered and the vote was as follows :

o20

JOU.R.NAL OJi' THE SENATE.

Those voting in tha affirmative were Messrs.-

Allen,
Atkinlem, Obristie. Clements, Crumbley, Dodd,
Davis, J?uncan of 10th, DunCIUl of a&tb. Golden,
Harrell,

Hopkins, Jordan, Ledford, Lewis. Mathews, McClure, McLean, McMichael, Merritt, Moore, Perry,

Roberts, llkelton, lmitb,
Snead, ltevens, .raylor,
'l:!lslnpr,
Van Buren, \ \7UUa.ms, Worsham,

Thoso voting in the negative were Messrs.-
Symons,

Those not voting were Messrs.-

Clark,
Comas. Hightower, Hudson,

Lee. Middlebrooks, Park, Reid,

lweat, Turner, Hr. President.

Ayes 32, nays 1.

The substitute was adopted by the requisite two-third

majority.



:Mr. :Merritt, chairman of the Committee on Milital')', submitted the following report:

Mr. President:
The Committee on Military bas had under consideration the following House bill, w~ich it i~stfucts me to report with the recommendation that it do pass:
A bill t.o amend section 6 of an Act approved December

.WEDNESDAY, AUGUST 12, 1903.

521

17, 1902, ''To organize the military forces of the State," etc.
Respectfuliy submitted. R. L. MERRITT, Chairman.

The Senate concurred in the House amendment to the Senate amendment to the following bill of the House :

By Mr. Calvin-
A bill for the protection of birds and their nests.

On motion the Senate adjourned until tomorrow morning at 10 o'clock.

SENATE CHAMBER, ATLANT.\, GEORGIA,
Wednesday, August 12, 1903.
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.
On motion the reading of the Journal was dispensed with.
Mr. Jordan, chairman of the Committee on Agriculturer
submitted the following report :
Mr. President:
The Committee on Agriculture has had under consider-

:a22

;ation the following House bills, which it instructs me toreport with the recommendation that they do pass as .amended:

A bill to provide for the removal of obstructions from the streams of Carroll county.

A bill to provide ~or the removal of obstructions from the streams of Dawson county.

Respectfully 111bxnitted,
C. H. JoBDAN, Chairman.

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

.1.l1r. President:

The Special Judiciary Committee has bad under consid-eration the following House bills, which it instructs me to 'l'eport with the recommendation that they do pass :

A bill to regulate the carrying of certain deadly weapons.

A bill tb abolish the city court of Forsyth in Monroe County.

A bill to amend an Act creating a board of commissioners of Jackson county.

A bill to enlarge the powers. of the police court of

:Savannah.



A bill to amend charter of the town of Tennille, Ga.

A bill to create a board of commissioners of. road11 a:nil il'evenues for the county of Carroll.

WEDNfSDAY, A.UGUS~ 12, l903.

5~3

A bill to authori~e the mayor and council of Fort Valley to issue bonds fQr $10,000 for school purposes.

A bill to create t:Qe office of road commissioner for Car:roll county.
Respectfully 1mbmi~ted. B. L. TISINGER, Chairman.

Mr. Davis, chairm~p of the Finance Committee, sub,mitted the following re\wrt :

Mr. PresideJnt:
The Committee on F~~ance has had under consider~tion the following House re~qlutions as amended, which it ip~ structs me to report with the recomruendatioo that the -Senate recede from its ,rnendment, to wit :.
A resolution to requi~e the Joint Committee on Finance to make a complete iuve~tigation of the office of Secretary of State, School Commissioner, Commissioner of Agriculture, Prison Commissioners and Pension Commission~r's -office.
Respectfully submitted, WM. H. DAVIS, Chairman.

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

Mr. President: The Committee on Education has had under considera-
tion the fo11owing House bills, which it instructs me to report with the recommendation that they do pass:
A bill to incorvorate the Mount Zion school district.

614

Jotr.RNAL OF 'filE SENATE.

A bill to authorize the mayor and council of Fort Val ley to issue bonds for school purposes.

A bill to oreate a school district at Doles, Worth county.

The Committee further recommends that the following House bill do pass by substitute, to wit:

A bill to amend Act creating a disl>ensary in Buena.; Vista, Marion county.

Respectfully submitted. M. L. LEDFORD, _( lhairman.

The following message was received from the Rousethrough Mr. &ifeuillet, the Clerk thereof :
Mr. Prmdeff,t:
The House has p2ssed by the requisite constitutional' majority the following bills of the Senate, to wit:

A bill to provide for the testing and mode of testing illuminating qualities of' oil, and for other purposes.
Also, a bill to provide for the appointment of a game warden and deputy wardens in the county of Thomas.

Also, a bill to amend section 982, volume 1 of the Code..

The House has passed by the requisite constitutional majority the following bill of the Senate by substitute, as amended:
A bill to make penal the adulteration of spirits of turpentine.
Also, the following Senate bill as amended:

WEDSESDAY, AUGUST 12, 19Q3.

525

A bill to amend section 2171, volume 2 of tlie Code.

Also, the following bill passed by substitute:
A bill to authorize administrators, executors, etc., to <:barge costs for giving bond.

The House has concurred in the Senate amendment to the following bill:
A bill to amend the Act to regulate the control and management of misdemeanor convicts, and for other purposes.

The House has adopted the following resolution of the Senate, to wit :

A resolution to appoint a committee to investigate and report upon the question of doing justice to the heirs of Sherman J. Sim".

The House has passed by the requisite constitutional majority the following joint resolution of the Senate, to wit:

A resolution for the relief of .J. K. McAfee, J. R. Grice
and W. H. Raley, sureties on the bond of Charlie Harris.

The following re~olution was adopted :

By Mr. Middlebrooks-

A resolution condemning the whipping of female convicts, and requesting the prison commission to provide other punishment !or them.
The following i; the r~pnt of the joint committee on lobbying:

626

JOtrBN.A.L OF THE SENATE.

The Joint Committee appointed to investigate thecharges of lobbying and kindred practices re~pectfully report as follows :
Our duties as outlined in the resolution adopted by both branches of the General Assembly, are to investigate the charges of criminal lobbying, and of practices akin thereto~ which injuriously affect wise legislation, and to report the evidence establishing either or both, and our findii?gs and recommendations thereupon.
The resolution was printed in many papers in Georgia~ and by its terms iuvited every citizen to offer testimony or lend assistance to the committee in the pursuance of its investigations. We have disregarded technical rules of evidence and have allowed witnesses to detail the vaguest rumors in the endeavor to trace through them direct testimony for submission to the General Assembly. Subpoenas have been served on every man whose name bas been presented for examination from whom the committee bad reasonable expectation of obtaining information, and he bas been required to attend except where excused for providential cause or his examination would apparently be fruitless.
The offense of lobbying is dealt with in the Constitution of the State, article 1, section 2, paragraph 5, as follows;
"Lobbying. Lobbying is declared to be a crime, and the General Assen:J,bly shall enfore this provision by snitable penalties.''
In pursuance of this provision of the constitution the legislature has dealt with this offense in the following language, as embodied in the 319th section of the Criminal" Code:
"Lobbying Defined. L1bbying is any personal solicitation of a member of the General Assembly of this State? during a session thereof, by private interview or letter, or message, or other means and appliance5, not addressed

WEDNESDAY, AUGUST 12, 1!}03.

527

solely to the judgment, 'to favor or oppose, or to vote foror against any bill, resolution, report or claim, pending or to be introduced in either branch thereof by any person who misrepresents the nature of his interest in the matter to such member, or who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, resolution, report or claim for the purpose of procuring the passage or defeat thereof. But this does not include such service as drafting petitions, bills or resolutions, attending to the taking of testimony, collating facts,. preparing arguments and memorials,. and submitting them orally or in writting to a c9mmittee or member of the General Assembly, and other services of like character,. intended to reach the reason of the legislators."
The only evidence submitted to us tending to show the crimina\ ofi~mse is that of Representative W. D. Mills. In brief he testifies that prior to the actual consideration of the child labor bill at the session of the General Assembly in 1902 he was stopped while about to enter the postoffice, adjoining the hall of the House of Representatives, by a smooth-faced young man of apparently between twenty-seven and thirty years of age. The time was about the hour when the House convened and members were passing to and fro from the hall. This stranger asked him if he were not Representative Mills and interrogated him as to his position on the child labor bill. Mr. Mills indicated bis favorable attitude to the bill when the man stated tohim it would be worth five hundred dollars to the representative to advocate the opposition to the measure. Mr. Mills told the stranger to wait a minute, intending to communicate the circumstances to the messenger or some older member of the House. The messenger testified that he remt-mbers that Mr. Mills recounted to him such a conversation. When Mr. Mills returned the stranger was goae, and an elderly gentleman who WJiS leaning against

~528

JOUBNAL OF THE S:u-A.TE.

the wall opposite to the place ~here the conversation occurred stated that be thought the stranger was from Alabama. Mr. Mills never has seen before or since either the stranger or the elderly gentleman since the time of the -occurrence, and knew the names of neither. The witness voted for the child labf'r bill.
FnrthermorP., when Mr. MiliA \Vas on the stand, he was .asked whether he had stated to two gentlemen in the Kimball House lobby on the steps leading up to the first floor that he had been ofiered one or two hundred dollars for his vote for Mr. Mitchell in the speakership contest, and whether he had not stated to said gentlemen that two strangets bad made to him this offer. Mr. J.\IIills denied such an occurrence, but stated that any two men so reporting were "two liars.'' A witness, ex-Speaker John D. Little, stated that Mr. Mills had recounted to him and Speaker Morris &och au occurrence. 1\lf:r. Mills rose during the delivery of this evidence by Mr. Little and stated that he remembered the occurrence, but that he 'said he had been ofrered a bet nf one hundred dollars that be could get one hundred dollars to cast his vote a certain way in the Speakerehip race. Mr. ~Ii1le voted for the can<lidate of his original choice. Mr. Little testified that 1\fr. Mills was reque..-;ted to point out the party making the ofrer, but upon searching for him in the lobby of the Kimball Honse, stated he could not find the party.
We reft.r to the stenographic report of the evidence for accuracy of detail in reference to the testimony briefly suwma_ried abcwe and bearing on the question of' criminal lobbying.
The provision in the rMOlution requiring us to report on the existence o~ practices akin to lobbying, not techni~ cally comprehended in the term but iojuri0111ly affecting wise legislation, luds lUI into a broad field, and one iovolv~ ing difficult moral and ethical questions. The great mas&

WED~ESDAY, AUGUST 12, 1903.

5:29

of evilence we have heard has borne especially on this department of our duty.
Much testimony has been adduced showing that persons interested in legislation, both local and general, and agents and attorneys acting for them, have urged their causes upon members of the General Assembly. It is further established that it is the custom for parties not entitled thereto to enjoy the privileges of t~e floor of both Senate and House.
In the opinion of your committee it is an essential right that a citizen should be permitted without restraint to express to legislators his opinions on questions coming before them. Such a privilege is conducive to good legislation, and no member of the General Assembly tshould ever be deaf to legitimate arguments or statements of facts which might elucidate questions upon which he must act. Met with the absolute necessity of injuring some interests in nearly all legislation, it is difficult for the honest legislator to know what he ~:hould do. In this position isolation and wisdom are not necessarily allied. He needs all the airl he can get, and the more diligently he searches for light the more does he fit himself for the di.scharge of his high obligation. The merchant, farmer, railroad man, lawyer, scientist, artisan, may all be pressed into service, but constantly with the heed that his influence shall be limited to that justly created by the strength of his arguments. As much, if not more, damage is done by ignorance than by vice, and the scope of legislation being coextensive with human activity, the knowledge of those engaged in it should be commensurate with the subject.
What a man may do by himself he may do by agent or attorney, but we desire to emphasize our opinion that no man, by himself or by another, can properly endeavor to influence legislation by appeals to individual legislators or
34s

530

dOUBl!fA.L OF 'l'HE f!ENA'l'E.

by appearance before committees without disclosing his interest and the capacity in which he appears. It is but right for the representative to weigh the advice in view of the position of the adviser. He should never he permitted to mistake for disinterested suggestion the argument of a partisan to be benefited. Such frankness iii not only dictated by candor but, by formal action ot the State Bar Association, has been enjoined upon its members.
Other questions are more or less distinctly presented by evidence bearing on certain influences claimed to be unduly exerted upon members of the General Assembly. Some of these are not within our province but peculiarly within that of the body creating this committee.
When conduct becomes a matter solely of propriety it must appeal to the individual alone.,
\Vhen we pass beyond certain confines clearly set out it will be seen we reach a realm with which the conscience and not legislatures must deal.
lteporting upon another branch of the questions arising under the evidence, we submit that for many years a rule of the Senate has been practically as follows :
"ltule 101. No person shall be allowed to enter upon the floor of the Senate except the Senators and officers thereof, the officers and members of the House, the Governor of the State and the beads of the offices ot the exeautive department, ex-Governor, judges of' the supreme and superior courts in actual commission, ex-presiding offiaers of' t.he Senate and House, and such others a.r" the Senate may allow upon their commendation cf the committee on the privileges of the floor."
Rule 173 of the House is practiaally the same. We know that for many years it bas been the unbroken oustom to permit reputable persons on the Roor of both branches of the General Assembly in violation of these rules. Save on rare o:Jcasions, we have never knO\vn exception to be tal~eu to this extension of courtesy, and in

WED~ESDAY, AUGUST 12, 1903.

631

view of this long continued custom the presiding officer who enforced the rule would excite surprise, if not invite criticism in so doing. It has been as customary as holding up the hand to vote instead ,of" rising and standing until counted."
But we report that in our opinion the rules are wise ones. The presence of strangers upon the floor necessarily creates greater disorder by the audible conversation in vited by them, and interferes with the clerks in the performance ot their duties. It is not seemly that parties directly or indirectly interested in a measure under discussion should be mingling with those who must vote. The eagerness and anxiety of the visitor naturally manifests itself in external acts which may injuriously affect legislation, the due decorum of the legislative body is disturbed and its dignity lowered in the performance of its services and solemn duties. We recommend that these rules, 110 of the Senate and 173 of the House, be enforced, and that, so far as prBJ:lticable, all persons interested in instant questions before either branch of the General As&emby be excluded pending their discussion and disposition.
We respectfully recommend that this report be spread upon the Journal, but that the evidence herewith presented be filed in the office of the Secretary of State.
Respectfully submitted, H. W. HoPKINs, .J. D. HARRELL,
wM. H. DAYIS,
Committee on part of Senate.
JoHN M. SLATON, W. S. WEsT, J. D. HowARD, P.M. HAWES, J. FERRIS CANN,
Committee on part of House. The report was adopted.

Jl32

JonR.NAL oF THE SE!IATE.

Mr. Dunaan, chairman of the Temperance Committee, eubmitted the following report :

Jfr. President :

Tbe Committee on Temperance bas had under consideration the following House bill, which it instructs me to report with the recommendation that it do pass:

A. bill to regulate the sale of liquors in cities in this State.

Respectfully submitted, DuNCAN, 86th, Chairman.

l\Ir. Tisinger, chairman of the Special Judiciary Com~ 1nittee, submitted the following report:

.M1-. President :
The Special Judiciary Committee has had under consideration the following House bills, which I am instructed to report back with the recommendation that the same do rass:

By Mr. Duckett of Banks-
A bill to change and fix th~ time for holding the superior court of Banks county.

By Mr. Burton of Franklin-
A bill to repeal an Act entitled an Act to create a board of commissionera of roads and revenues in the county of Franklin.

WEDXESDAY, AuausT 12, 1903.

533

By Mr. Burton of Franklin-

A bill to create a board of commissioners of roads and revenues for the county of Franklin, this State, etc.

Respectfully submitted, B. L. TrsrxGER, Chairman.

Mr. Hopkins, chairman of the Appropriations Committee, made the following report:

Nr. President:
The Committee on Appropriations bas bad under consideration the following bill of the House, which I am instructed to report back with the recommendation that it do pass:
A bill to amend the Appropriation Act In reference to the Soldiers' Hom e.
H. 'N. HOPKIXS, Chairman.

Mr. Perry, chairman of the General J ndiary Committee, made the following report:
:Mr. President:
The General Judiciary Committee has had under consideration the following bills ot the House, which I am instructed to report back with the recommendation that they do pass :
A bill to prescribe the qualifications of jurors m superior, county and city courts, and to regulate the drawing of jurors.

534

Jomnr&L OF THE SENATE.

A bill to create a board of commiBBioners to make a roster of the Georgia soldiers, sailors and marines who served in the war between the States from 1861 to 18651 and for other purposes.

A hill to create the Confederate Memorial Board of Georgia, and for other purposes.

4- bill to amend the clause of the Appropriation Act for
the years 1903 and 1904 relative to republication of the Georgia Reports, and for other purposes.

H. H. PEBKY1 Chairman.

'Ihe following House bills were read the third time to be put upon their passage :
By Mr. Whitley-
A bill to create a Board of Health in this State.
Report of the committee was agreed to.
Upon the pa913ge of the bill the ayes were 18, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
Section 1. Be it enacted by the General Assemby of the State of Georgia and it is hereby enacted by authority of the same, That a board to be known as the State Board of Health be, and the same is, hereby established, and made one of the public institutions of the State. Said board shall consist of twelve (li) members, one of whom, the secretary, shall be a member by virtue of his oftice, and e)e,ren shall be appointed by the Governcr, one from each con-

WEDNESDAY, AUGUST 12, 1903.

535

gressional district, and a majority of whom shall be physicians.
Sec. 2. Be it further enacted, That the term of office of the members first appointed shall be so arranged that the term of two of the,. members shall expire on the first day of January of each year for six, and subsequent appointments shall be for the full term or six years, and any vacancy that may occur shall be filled by appointment by the Governor for the unexpirl;!d term.
Sec. 7. Be it further enacted, That at the first meeting of the State Board of Health it shall elect two officers-a
president and secretary ; the president shall be elected from the members composing the board, but no member shall he eligible to the office of secretary. The members of the board shall receive no salary, but each member shall receive $5.00 per day and necessary traveling and hotel expenses when on actual duty, by order of the board with the approval of the Governor, or attending the meetings of the board. Meetings of the board shall be semi-annual, and at such place and time as a majority of the board may determine. The president of the board may call special meetings in ca,;;e of emergency. A majority of the members shall constitute a quorum for the transaction of business.

By Mr. Booth-
A bill to prescribe the qualification of juror.:> in the courts of this State.

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.

536

JoURXAL OF THE SEXATE.

By Mr. CaswellA bill to create a board of commisswners to ma:1
roster of the Confederate soldiers.
Report of the committee was agreed to.
This being au appropriation, the ayes and nays werE dered and the vote was as follows :

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, Christie, Comas, Crumbley, Dodd, DaYis, Duncan of 10th, Golden, Harrell, Hightower, Hopkins,

Jordan, Lee, Ledford, l\IcClure, McLean, :Mclllichael, l\Ierritt,
~liddlebrooks,
l\Ioore. Park, Reid,

Roberts, Skelton, Smith, Snead, Stevens, Sweat, Symons, Taylor, Turner, Van Buren, Williams,

Tlwse not Yoting "ere :Messrs.-

Clark, Clements, Duncan of 3Gth, Hudson,

Lewis, l\Iathews, Perry,

TisingP.r, "-'orsham, l\Ir. President.

Ayes 34, nays 0.

The bill having received the requisite constitutional jority was passed.

By Mr. SteedA bill to provide for the removal of obstructions f
the streams of Carroll county.
RE-port of the committee was agreed to.

WEDNESDAY, AuaesT 12, 1900.

.537

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

The bill having received the requisite constitutional majority was passed as amended, by striking out all of sections 2 and 3 and substituting therefor the following:
Section 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions, as provided in section 1 thereof, by the .first day of October of each year from streams running through his land or from his half of streams dividing his land from lands of another, then, and in that event, the county commissioners on their own motion, or at the instance of any citizen of the county, shall cause said obstructions to be moved in accordance with the provision~; of section 1 hereof, under the direction of one of their number, or of the sheriff, deputy sheriff or any lawful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner; said county commissioners are hereby empowered after said obstructions have been removed, and the expenses thereof
ascertained to issne a fi. fa. for said costs and expenses
against said defaulting landowner, which fi. fa. may be en-
forced as tax fi. Jas., and shall be a lien upon all the prop-
erty of the defaulting landowner superior to all other liens except liens for taxes.

By 1\fr. Roper-
A bill to remove obstructions from the streams of Dawson county.

.Report of the committee was agreed to.

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

The b'ill having received the requisite constitutional ma-

53R

JOURNAL OF THE SENATE.

jority was passed as amended, by striking out all of sections 2 and 3 and substituting therefor the following :

Section 2. Be it further enacted by the authority aforesaid, That should any landowner in said county fail or refuse to remove the obstructions as provided in section 1 hereof by the first day of September of each year from streams running through his lands or from his half of streams dividing his lands from lands of another, then, and in that event, the county board of roads and revenues on their own motion, or at the instance of any citizen of the c.ounty, shall cause said obstructions to be removed in accordance with the provisions of Rection 1 hereof, under the direction of one of their number, or of the sheriff, deputy sheriff, or any Ia wful constable or road overseer of said county, all expenses and costs to be taxed against the defaulting landowner; said county board of roads and revenues are hereby empowered after said obstructions have been remo\ed, and the expenses thereof ascertained, to
issue fl. fa. for said co5ts and expenses against said defaulting landowner, which fi. fa. may be enforced as tax fi. fas., and shall be a lien upon all the property of the de-
faulting landowner superior to all other liens except liens for taxes.

By Mr. EdwardsA bill to amend the Act establishing the dispensary
in Buena Vista, Marion county.

Report of the committee was agreed to.

Upon the paseage of the bill the ayes were 24, nays 0.

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

WEDNESDAY, AUGUST 12, 1!103.

539

By Mr. Pate-

A bill to incorporate the Pleasant Valley school district.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed as amended, by striking out all of section 8 of the bill.

By Mr. l!"'ieldsA bill to incorporate the Mount Vernon school district. Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.
The bill having received the requisite constitutional majority was passed as amended, by striking out sections 9, 10 and 11 of the bill.

By Mr. Fields-
A bill to incorporate the Oakland school district in Dooly 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 as amended, by striking out sections 9, 10 and 11 of the bill.

540

JOURNAL OF THE SENATE.

By Mr. Fieids-

A bill to incorporate the Dooling school district m. Dooly 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 rna jority was passed as amended by striking out sections 9,. 10 and 11 of the bill.

By Mr. FieldsA bill to incorporate the Snow school district 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 maj ority was passed as amended by strking out sections 9, 10 and 11 of the bill.

By Mr. ReidA bill to create a new charter for the town of Palmetto. Report of the committee was agreed to. Upon the passage of the bill the ayes were 32, nays 0. The bill ha.ving received the requisite constitutional ma-
jority was passed.

WEDNESDAY, AUGUST 12, 19(13.

541

.By Mr. Morris-

A bill to create a memorial board for the State of Georgia.

Report of the committee was agreed to.

This being an appropriation the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Comas, Crumbley, Dodd, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hopkins,

Hudson, Jordan, Lee, McClure, McLean, McMichael, :Merritt, lliddlebrooks. lloore, Park, Perry, Roberts,

Skelton, Smith, Snead. Ste>ens, Sweat, Symons, Taylor, Tisinger, Van Buren, \Villiams, Worsham.

Those not voting were Messrs.-

Allen, 'Clements, Hightower,

Ledford, Lewis. Mathews,

Ayes 35, nays Q.

Reid, Turner, 1\Ir. President,

The biH having received the requisite constitutional majority was passed.

By Messrs. Holder, Hardeman and Shackelford-

A bill to amend the appropriation bill of 1902-3 rela:tive to Soldiers' Home.

Report ef the committee was agreed to.

JouRM.A.r. oF mE SE:NATB.

This beiag aa appropriatioa the ayes aad aa.ys were ordered and the vote was as follows:

';I'hose voting. in the a:fflrmative ware Messrs.-

Atkinsoa, Clark,
Clements.
Comas, CrumblQ', Dodd, Davis, Duncan of 10tll, Dtmcau of 30tl:l, Golden. Harrell,

II'D.tison:. Jordan,
I.ee.
1\fcCiure, 1\IeLean:. McMichael, Merritt, 1\fldtllebrooks, .Moore, Perry,
Roberbl.

Smith, Snead, stevens, l:'hreat,.
~mollS,
Taylor, Tilllnger, Van Horen,
Willla.ma. Worsham,

1'hose :not \'oli:ng were Messrs.-

Allen. Christie;
Hi.lhtower, Hopkins,

Ledford, Lewis,
Mathews. Park,

Reid, Skelton, 'l'Drner, Mr. President.

Ayes 35, nays 0.

By Mr. Slaton-

A resolution to appropriate $250.00 to pay expenses of the investigatiag committee on lobbying.

.Report of' the committee was agreed to.

This being an appropriation the ayes and nays were ordered and the vote was as follows:

T},ol!l<l voting in the afllrmative were :Messrs.-

Atkinson. Christie, Clark.

Comas, Crumbley, Davis,

Duncan of 10tll, Duncan of 36th, Golden,

WEDNEBDAY'1 AUGUI'I' 12, .1903.

543

Harrell, Hightower, Hudson, Jordan, Ledford, Mathews, McClure, McLean.

1\!cM:icbael, hlerrltt, ltoore. Park, I terry, Roberts, Smith, Snead,

Stevens, E!wcnt, Symons. 'rtlrner, Van Buren, 'Villinms, \Vorsham,

Those not voting wure Messrs.-

Allen, Clements, Dodd, Hopkins,

Lee, Lewis, Middlebrooks, Reid,

Ayes 32, nays 0.

Skelton,
'l'aylo~,
Tisinger, 1\lr. President.

By Mr. Stovall-
A bill to appropriate money to the Winnie Davis Memorial Board for the completion of the Winnie Davis monument. -

Report of the committee was agreed to.
This being an appropriation the ayes and nays were ordered and the vote was as follows:

Those voting in the ailirmative ware Messm.-

Atkinson,
Christie, Clark, Comas, Crumbley, Duncan of lOtb, Duncan, of 36tb, Golden, Hopkins, Hudson. .Jordan,

Lee,
Ledford. McClme, :McLean. Mclticbael, Merritt, Middlebrooks,
lfoore.
R~oberts,

Smith, Snead, Stevens, Sweat, Symons, Taylor, Turner, 1'an Bmen.
.wn11ams.
Worsham,

-544

JouRNAL oF THE SE!-<ATE.

TiJOsC' not Yoting were ~[essrs.-

Allen, Clements, Dodd, Davis, Harrell,

Hightower, Lewis. :\Iathews, Park,

Ayes :31, nays 0.

Reid, Skelton, Tisinger, :\Jr. President

By Mr. Adams-
A bill to make it unlawful to secure money or other thing of value to perform services and fail to do same.

Report of the committee was agreed to.
Upon the passage Gf the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duncan of lOth, Duncan of 3Gtb, Harrell,

Hudson, Jordan, McClure, McLean, 1\fcl\Iicbael, 1\Ierritt, Middlebrooks, 1\Ioore, Ueid, Roberts,

Skelton, Smith, Snead, Rweat, Symons, 'l'!Sil!ger, Turner, Van Buren, Williams, \Yorsham,

Those voting in the negative were Messrs.-

Crumbley, Golden,

Lee, Ledford,

Perry, Stevens,

Those not voting were Messrs.-

Dodd, Hightower, Hopkins,

Lewis, Mathews, Park,

Ayes 32, nays 6.

Taylor, Mr. President.

WEDNESDAY, AUGUST 12, 1903.

545

'l'he bill having received the requisite constitutional majority was passed.

By Mr. Glenn-

A resolution endorsing the Brownlow bill now before :the Congress of the U. S. relative to roads.

Report of the committee was agreed to. This resolution was adopted.

The following resolution was read and adopted.

By Mr. Davis-

A resolution setting the hour of 4 o'clock this afternoon as the hour of adjo~rnment.

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

.Mr. President:

The House has. passed as amended by the requisite constitutional majority the following bill of the Senate, to wit :

A bill to provide for the deduction of franchises due counties, cities, towns, etc., of all amounts paid under agreement therefor, and for other purposes.

A bill to amend Sec. 2166 of the Code of 1895.

A bill to provide for protection of officers of State Peni-
t~ntiary.

The following Senate resolution was also passed as .amended:
S.'is

546

JOURNAL OF THE SENATE.

A resolution to appoint a committee of three from the Senate and five from the House to consider the school laws of this State.

The bouse bas also passed by the requisite constitutional majority the following Senate bills, to wit:

A bill to amend Sec. 4868, Vol. 2, of the Code of 1895.

A bill to amend Sec. 1908, Vol. 2, of the Code of 1895.

A bill to amend an act creating the city court of Baxley.

A bill to amend an act to amend sub-Sec. 11 of Sec. 4082, Vol. 2, of the Code.

A bill to require persons or corporations to pay taxes in counties in which they are required to be returned.

A bill to provide in what county corporations, etc., wh(}

own property on the county line, shall return said property

for taxation.



The House has concurred in the Senate amendments t(} the following bills, to wit:

A bill to !lmend Sec. 221, Vol. 3, of the Code.
A bill to amend the charter of the town of Acworth.
A bill to incorporate the Leonard school district.
The House bas refused to concur in Senate amendment No. 1 and concurred in Senate amendment No. 2 to the following bill :
A bill to amend section 453 of the Code which defines vagrancy.

WEDNESDAY, AUGUST 12, 1903.

547

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
The Enrollment Committee report as duly enrolled, and ready for the signatures of the President of the Senate and Speaker of the House, the following resolution, to wit:
A resolution allowing the State Bank Examiner to employ a stenographer.
Respectfully submitted, W. F. SYMONS, Chairman.
The following communication was read in the Senate :

ATLANTA, GA., August 12, 1903.
Hon. Clmk Howell, President of the Senate :
MY DEAR SIR :-The Prison Commission has, through one of its officers, examined into all the facts relating to the punishment of convict Mamie DeCris, by the warden at the State Farm. Every witness who knew any facts in regard thereto was subjected to the most searching examination, and his testimony, under oath, reported stenographically.
The reporter informs us that his notes, comprising of more than thirty thousand words, cannot be transcribed before Friday next, hence it will be impossible for us to lay this evidence before the General Assembly, which we very much regret. Nor indeed will we be able to conclude ourselves what is best to be done until we can digest this evidence.
We wish, however, to assure the General Assembl~ in this way, that after we are thoroughly acquainted with all.

-548

JOURNAL OF THE SENATE.

the facts, such action will be taken by the commission as may be proper and just.
with sentiments of high esteem, we are, my dear sir,
Respectfully yours,

THE PRISON Co11nnssroN oF GEoRGIA,
Jos. I. TURNER, Chairman.

The following bills were read the third time to be put upon their passage:

By Messrs. Cann, Stovall and Harden-

A bill to regulate the sale of liquors in the cities of this State.

The report of the committee was agreed to.

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

The bill ha\ing received the requisite constitutional majority was passed.

By Mr. Adams-

A bill to amend the Act reorganizing the military forces ()f this State.

The report of the committee was agreed to.

Dpon the passage of the bill the ayes were 25, nays 0.

The bill ba ving received the requisite constitutional majority was passed.

WEDNESDAY, AUGUST 12, 1903.

549

By. Mr. Lee-
A bill for the protection of the officers and employees in the Georgia penitentiary.

The amendment was concurred in.

By Mr. Howell-

A bill to amend section 2166 of the Code.

The amendment was concurred in.

By Mr. Davis-
A bill to provide for the deduction of franchises to counties, cities and towns.
The amendment was concurred in.

By Messrs Comas and Dodd-
A resolution to appoint a committee to act with the State School Commission to consider the present school laws.

This amendment was concurred in.

The committee is Senators Comas, Dodd and McMichael.

By Mr. Hopkins-
A bill to allow administrators, guardians, etc., who are required to give bond to charge for the same.
House substitute concurred in.

aao
By :Mr. Van Buren-
A bill to amend 'IIBCtion 21'11 of the Code relative to the seneral directions of railroads.
Hot.~~e amendment concurred in.
The following House bill was taken up with Senate amendment which the House refuses t.o concur in:
By :Mr. Calvin-
A bill to amend IIBCtion 453 o the Code, relative to the vagrancy law.
:'The Honse refuses to concur in amendment No. 1. The Senate insists on its amendment.
Mr. Symons, Chairman of the Committee on Enrollment, wbmitted the following report:
Mr. President :
The Enrollment Committee report as duly enrolleo, signed by the President of the Renate and Speaker of the House, and delived to the Governor the following resolution, to wit :
A resolution allowing the State Bank Examiner to employ a stenographer.
Respectfully submitted, W. F. SmoNs, Chairman.
The following Honse bills were read the third time to be put upon their passage :

WEDNESDAY, AUGUST 12, 1903.

551

:By Mr. Yates-

A bill to prohibit hogs from running at large.

The report of the committee was agreed to.

Upon the passage of the bill the ayes were 23, nays 2.

The bill having received the requisite constitutional majority was passed.

By Messrs. Stovall and Underwood-
A bill to amend the general appropriation act relative :to the publication of Georgia Reports, etc.
The report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nay!! 0.
The bill having received the requisite constitutional majority was passed as amended by substituting the word "republished" for the word "republishing" in the 6th line of section 1.
By Messrs. Johnson and Singletary-
A bill to regulate the carrying of concealed weapons.
This bill was recommitted to the General Judiciary .Committee.
The President announced the appointment of Senators Perry and :Mathews as the Senate Committee to investigate the Torrens land title system as per bill recently enacted by the General Assembly.

552
Senator Turner was substituted for Senator Dodd on thecommittee to investigate the school laws with the StateSchool Commission.
The following House bills were read the third time t() be put upon their passage :
By Mr. BurtonA bill to repeal an Act creating a board of county com-
missioners for Franklin county.
The report of the committee was agreed to.
Upon the passage of the hill the ayes were 24, nays 0.
The bill having received the requisite constitutional' majority was passed.
This hill was reconsidered and recommitted to the Special Judiciary Committee.
The hill by Mr. Burton, creating a new commission of. roads and revenues for Franklin county was recommitted, to the Special Judiciary Committee.
By Mr. MorrisA bill to incorporate the Mount Zion school district, ino
Cobb county.
Report of the committee was agreed to.
Upon the pasSBp of the hill the ayes were 29, nays 0.
The hill having received the requisite constitutional majority was passed as amended, by striking out sections 9,. 10 and 11, amend by adding the following as section 9:

WEDIS"ESDAY, AUGUST 12, 1903.

553

Section 9. The provisions of this Act shall not become operative until submitted to the qualified voters of the district and shall have been ratified by two-thirds of the qualified voters of the said district; the matter shall be submitted to the qualified voters by the ordinary of said county, who shall give notice of the election to be held in the bounds of the proposed school district by advertising the date of said election once a week for four weeks in the same paper in Cobb county in which the sheriff of Cobb county publishes his advertisemtnts, and by having a notice posted iu three public places in said district. At such election only qualified voters, residents of said proposed district, shall be allowed or qualified to vote, and those voters qualified to vote at the last general election, and residents in Raid district, shall be qualified electors for purpose of this election. 'rhe elections shall be held in such precincts in said proposed district as the ordinary may prescribe, and if there are not sufficient precincts within said proposed district the ordinary may prescribe additional places, all of which shall be set out in the advertisement of said election.
The ordinary of Cobb county shall consolidate the vote and declare the result.
Amend by renumbering sections to correspond with above amendments.

By Mr. Shannon-

A. bill to abolish the city court of Forsyth.

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.

554

JOURNAL OF THE SENATE.

By Mr. Brown-
A bill to authorize the mayor and cmuncil of Fort Valley to issue bonds.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were ~4, nays 0.

The bill having received the requisite constitutional mq...

jority was passed.



By Mr. DuckettA bill to change and fix the time of holding the m-
perior court in Banks 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 1\:!r. l\1cHenryA hill to amend the charter of East Rome.
Report of the committee was agreed to. Upon the pasEage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. CannA hill to enlarge the powers of the police cmurt of
Savannah.
Report of the committe was agreed to.

WEDNESDAY, AUGUST 12, 1903.

555

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 provide for a change in the present site of the Presbyterian church at Milledgeville.
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. Steed and Hixon-
~ bill to create the office of road commission for Carroll county.
Report of the committe 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. Cromartie-
A bill to amend the Act establishing a system of public schools in Hazelhurst.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.

556 The bill having received the requisite constitutional ma_
Jority was passed. By Messrs. Steed and Hixon-
A bill to create a board of commissioners of roads and revenues for Carroll aounty.
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. AlfordA bill to create a school district in Dolu in Worth
county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. English-
A bill to amend the charter of the town of Norwood.
Report of the committee was agreed to.
Upon the pa.ssage of the bill the ayes were 25, oars 0. The Lill having t;.eceived the requisite constitutional majority was passed.

WEDKESDAY, AUGUST 12, 1903.

557

By Mr. Butts-
A bill to make it unlawful to kill any cow, Lull, steel', .etc., in the 25th district of Glynn county.
Report of committe was agreed to.
Upon the passage of the hill the ayes were 23, nays 0.
The bill having received the req nisite constitutional majority was passed.
On motion the Senate adjourned until 3:30 this afternoon.
The Senate met pursuant to atljournment at 3:30, and was called to order by the President.
Mr. Davis, chairman of the Finance Committee, submitted the following report:

Mr. President:
Your committee has had under consideration House resolution No. 134, a resolution to require the Joint Committee on Finance to make a complete investigation of the offiee of the Secretary of State, School ComJIJissioner, Commissioner of Agriculture, Prison Commission, Pension Commission, etc., and instruct me to report the same back with the following recommendation: That the Senate. reeede from its substitute except in so far as it repeals that section of the resolution which appoints four additional members of the investigating committee from the House.
Re&pectfully submitted. \V:r.r. H. DAVIS, Chairman.

The following Hollie resolution was taken up with Senate amendment in which the Rouse refuses to concur :

By MrHall-
A resolution appointing a joint committee from the House and Senate to investigate the books of the different departments of State.

Mr. Davis moved that the SeQJLte ref111e to recede from its amendment.

Mr. Harrell moved that the resolution be tabled on this motion; the ayes aud nays were ordered and the vote is as
follows:

Those voting in the affirmative were :Messrs.-

Allen,
Orumble7, Dodd, Dnne&n of 10th, Harrell,

Hightower, Lewis. McClure, McLean, Merritt,

Park,
lb'moxm.
Tlsinger,
Van Buren,
Worsham,

Those voting in the negative were Messrs.-

Atki.D.son,
Comas. Davis, Hopkins, Hudson,
.Tordu.

Lee.
Ledford. Mathews, Hiddlebrooks,
Moore,

Be!d, lmith. Snead,
lteveus. Turner,

Those not voting were :Messrs.-

Christie. Clark, Clements, Duncan of 86th, Golden.

Perr;v, Roberts, Skelton,

Ayes 15, nayes 16.

heat. Taylor,
Williams, Mr. Presideu,t.

The motion was lost.

WEDNESDAY, AUGUST 12, 1903.

559

On Mr. Davis' motion that the Senate recede and a conference committee be appointed, the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Comas, Davis, Golden, Hudson, Jordan,

Lee, Ledford, Mathews, McMichael, Middlebrooks, MOOL'e, Park,

Reid, Smith. Snead, Stevens, Sweat, Symons, Turner,

Thosf' voting in the negative were Messrs.-

Crumbley, Dodd, Duncan of lOth, Harrell,

Hightower, Hopkins, Lewis, li:IcClure,

McLean, Merritt, Tisinger, Van Buren,

Those not voting were :Messrs.-

Allen, Clark, Clements, Duncan, ot 36th,

Perry, Roberts, Sk111Iton, 'Iaylor,

Williams.
worsham,
Mr. President,

Ayes 21, nays 14.

The motion prevailed, committee on part of Senate, Mathews, Smith and Harrell.

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 bills of the Senate, to-wit:

560

JOURNAL OF THE SENATE.

A bill to amend an Act to amend the charter of the town of Georgetown.
A bill to secure to the several counties of this State the public school tund to which they are entitled.

A bill to regulate the law of year's support.

A bill to amend Sec. 985, Vol. 1, of the Code.

The House has receded from its position in nonconcurring in the Senate amendment to the following bill, to wit:

A bill to amend the section of the Code which defines vagrancy.

The House concurs in the Senate amendments to the following bill, to wit:

By Mr. Steed, of Carroll-
A bill to remove obstructions from the streams of Carroll county.

Also, a resolution providing for the Auditing Committee to approve the accounts of three extra pages and one assistant doorkeeper for the Senate.

The house has also concurred in the Senate amendments to the substitute offered by the House to the following bill Df the Senate, to wit:

A bill to authorize the Prison Commission to hire the labor of the felony convicts of this State after expiration of the present contracts for a period of five years.

Honse bill No. 188 was made special order for the third day of next session.

WED~ESDAY, AUGUST 12, 1903.

561

The following Senate bill was taken up with House substitute and same was concurred in :

By Mr. Sweat-

A bill to make it unlawful to adulterate turpentine.

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

Mr. President:

The House insists on its position on House resolution No. 134 and has appointed the following conference committee to act with a similar committee of the Senate: Messrs. Hall, Owen, McHenry.

}.{r. President:
The General Judiciary Committee has had under consideration House bill No. 5, by Mr. Harden of Chatham, and instruct me to report the same to the Senate with recommendation that it do pass as amended.

H. W. HoPKIXS, Vice-Chairman.

Th following House bills were read third time to be put upon their passage:
By Mr. Bush-
A bill to amend the act establishing the dispensary 10 Colquitt.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 31, nays 0.
36S

562

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By 1\Ir. ButtsA bill to amend the charter of the city of Brunswick. Report of the committee was agreed to. Upon the passage of the ,bill the ayes were 25, nays 0. The bill having receive(l the requisite constitutional ma-
jority was passed.

By Messrs. Holder and Hardeman-
A bill to amend the act creating the Board of Commissions of Roads and Revenues for 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 was passed.

By Mr. PaulkA bill to incorporate the town of Mystic in Irwin 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 r~~quisite constitutional ma-
jority was passed.

WEDNESDAY, AUGUST 12, 1903.

563

By l\Ir. Davis-
A bill to repeal an act maintaining public gates from the residence of Adam Davenport to the residence of W. B. G. Rogers.

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. McBride-
A bill to amend an act to prohibit the sale of intoxicating liquors in Lee 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. FranklinA bill to amend the charter of the town of Tennille.

Report of the committee was agreed to.

Upon the passage ofthe bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

JOURNAL OF 'l'HE SENA'l'B.
By Mr. BurtonA bill to establish the Canon public school district in
Franklin 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.
Byl\fr. WellbornA bill to protect the fish in Notla river in Union
~ounty.
Report of the committee was agreed to. Upon the passap of the bill the ayes were 27, nays 0. The bill having received the requisite cnnstitt1tional majority was passed.
By Messrs. Duckett, Holder and Hardeman. A bi11 to amend the charter of the town of Maysville. 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.

WEDSESDAY, AuGusT 12, 1903.

565

By Mr. Bowen-

A bill to incorporate the Pineview school district m Wilcox county.

Repor~ 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. Dozier and RidleyA bill to amend the Act establishing,the system of pub-
lic schools in the city of LaGrange.
Report of the committee waa 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. Stewart and Buchannon-
A bill to establish a public school systein in the town of Arlington.
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.

iSS

JOURNAL OF THE SUATE.

By Mr. Mitchell-

A bill to amend the Act incorporating the town of Boston.

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. HardP.nA bill to revise the game laws 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 majority was passed as amended. By striking section 2, and inserting the following as section 2 :
!;\)
Section 2. Be it further enacted, That it shall be unlawful to shoot, kill, ensnare or trap, whether over baited fields or not, more than forty doves in any one day.
By atriking out all of the provisionaat the end of aec. 3.

By adding at the end of section 4 the words Hduring the hunting season.''

Amend by striking out lines 12, 13, 14 and 15 of the bill. Amend by atriking section 10, and substituting the following as section 10:

WEDNESDAY, AUGUST 12, 1903.

567

" Section 10. Be it further enacted by the authority aforet>aid, That whenever fifty freeholders of any county shall by petition so request, the judge of the superior court shall appoint by order upon the minutes of the court some citizen of said county who is a qualified voter thereof, as game warden for said county, which appointment shall be for two years or until his successor is appointed and qualified, said warden shall qualify by subscribing before some officer authorized to administer oaths as follows: !_ _____ ----, do swear that I will faithfully and Jiligently Jischarge the duties of game warden, for the county of_ ____________ so,
help me God. Which oath shall be filed in the clerk's office of said county. Said warden may be removed from office at any time by said judge, upon complaint being made and Eatisfactory proof submitted of failure to discharge his official duties. Said warden shall appoint in each militia district in the county for which h"! is warden a deputy game warden, who shall be a qualified voter thereof, and who shall qualify in the same manner as the game warden. The oath of office of warden and deputy shall be filed in the clerk's office of said county; said deputy shall be appointed for two years, but may be removed at any time by said warden. Said deputy warden shall be charged generally with the duty of enforcing the laws for the protection of game, birds or animals, and such other birds as are protected by the laws of this State, ~nd also the laws for the protection of fish. They are empowered to make arrests of all persons found in the act of violating said laws and to Xercise the same ministerial duties as sheriff in the arrest of all persons charged by one with the violation of said law. Said warden and deputy shall receive the same costs .and fees as sheriff of this State do for similar service in the .arrest and trial of persons convicted under the provisions -of this Act, and in addition thereto one-half of all the fines

568

JOURNAL OF THE SENATE.

imposed in such cases, when paid by the defendant; provided the warden shall satisfy the judge trying the same that the detention or conviction in such cases is principally the result of official diligence on his part. .All vacancies in the office of warden shall be filled by the judge of the superior court as provided in this .Act, and vacancies fordeputy warden by said warden.'' .Amend caption after the word "fish " in third line by inserting " To provide for the appointment of game warden, deputy game warden in each county of this State, to define their duties and provide compensation."

By Mr. Fussell-
.A bill to authorize the town council of Cusseta 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 rna- jority was passed.

By Mr. Spence-
A bill to incorporate the Waresboro school district in. Ware 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.

WEDNESDAY, AUGUST 12, 1903.

569

By Mr. Alford-

A bill to incorporate the town of Isabella m Worth 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. BucbannonA bill to amend the charter of the city of Blakely.
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.
The following message was received from the House through Mr. Boifeullet, the clerk thereof:

Mr. President:
The House has adopted the following joint resolution7 and invite the concurrence of the Senate in the same :
A resolution returning House bill 455 to the Governor without amendment.

The House has adopted the Senate substitute to the following Hf)use bill:

570
A bill to amend au Act to create a dispem;ary in Buena Vista, Marion county, Ga., and for other purposes.
The following resolution was read and adoJ>ted :
By Mr. Mellichael-
A resolution appointing a committee of four from the Senate and six from the House to \'isit the State University during vacation.
Committee, McMichael, Middlebrooks, Ledford, Park.
At 4:30 the Senate went into executive session.
The following mesl!age was received from the House through Mr. Boifeuillet, the clerk thereof:
The House bas passed by the requisite constitutional majority as amended, the following bill of the Senate, to wit:
A bill to provide for the registration of commercial fertilizers.
The Rouse has adopted the following Senate resolutions:
A resolu~ion condemning the whipping of women at the Prison Farm.
Also, a reeolution appointing'a committee to visit the University at commencement.
The House has concurred in the Senate amendments to the following bill :

WEDXESDAY, AUGUST 12, 190~. .

571

A bill to amend the Appropriation Act which relates to republication of Georgia Reports.

The following resolutiou was read and unanimously adopted:

Resolved by the Senate-
That the thanks of the entire State are due to the able committee which has so thoroughly investigated the rumors and sem;ational newspaper charges, involving the integrity of the present General Assembly;
That this committee has fully .and fearlessly discharged its duty, and in calling upon all persons making charges or circulating rumors, for verification of these charges, or for the sources of the rumors, has demonstrated its determination to get the truth, and its report fully demonstrates its full and fearless investigation;
That the Senate enoorses the report as wise, able and fair; That in di8pelliug, by the clearest and most conclusive demonstration, the suspicions unjustly raised, and injected into the minds of the peo}Jle of the State as to the honesty of their representatives in their official work, it has rendered a public service of great. value to the State.
MATHEWS, 23d. LEE, 44th.

The following House bill was read the third time t.;> be put upon its passage:

By Mr. Aikin-
.A. bill to allow defendants in certain trover cases to plead set-offs in certain cases.

Report of the committee was agreed to.

572

JOURNAL OF THE SENATE.

Upon the passage of the t::;tl the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. FieldA bill to incorporate the Oak Grove school district m
Dooly 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.

The following Senate bill was taken up with House substitute:

By Mr. Hopkins-
A bill to permit and authorize defendants in action now pending or that may hereafter be brought by the State to recover certain lands, plead as defense thereto possession of said land.

Substitute was concurred in as amended. Amendments are: Amend section 3, line 4, by striking the word " 10" and inserting "30 ''; also amend section 3, line 12, by striking the word " 10" and inserting '' 30"; also amend section 4, line 6, by striking " 10 '' and inserting " 30."
The following Senate bill was taken up with House amendment and amendment was concurred in :

WEDNESDAY, AUGUST 12, 1903.

573

By Mr. Jordan-
A bill to provide for the registration and sale of commercial fertilizers in this State.

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

Mr. Pres-ident:
The General Judiciary Committee has had under consideration the following bill of the House, which it instructs me to report hack with the recommendation that it do pass:

A bill to allow defendants 10 trover cases to plead setoffs ot to recoup in damages where suits have been brought to recover possession of personal property, and for other .purposes.
H. H. PERRY, Chairman.

The following House resolution was concurred in :

By Mr. Fields-
A resolution returning House bill No. 455 to the Governor.

The following resolution was read and adopted : By Mr. Jordan-

A regoJution authori.r.ing the secretary to have brass railing run behind the seats in the Senate.
By Mr. Hopkins-
A resolution extending the thanks of the Senate to Hon.

674

JotrRNAL OF 'l'BE SENATE.

C. S. Northen for furnishing Lithia water during this session.
By :Mr. Park-

A resolution extending the thanks of the Senate to Mr. W. S. Gentry and W. B. Roberts for the use of the telephone.

The Conferencm Committee of the Rouse and Senate upon Rouse Resolution No. 134 submits the following report:
We recommend that the Rouse amend its resolution by striking out of the last line the word " four" and inserting the word u one/' and that the Senate redede from its substitute when the resolution is so amended.

Respectfully submitted,

R. A. MATHBWB, J. RICE SMITH, Committee on part of Senate.

Joe. R. HALL, E. M. OwEN,
w. s. MoRENRY,
Committee on part of Rouse.

The following message was received from the Rouse through Mr. Boifenillet, the clerk thereof:

Mr. Prvidsrt:t:

The House has passed as amended by the requisite con-

WEDXESDAY, AUGUST 12, 1903.

575

stitutJ,onal majority the following bills of the Senate, to wit:
A bill to amend section 4793 of the Code.

The House has passed by the requisite constitutional majority the following bill of the Senate, to wit:

A bill to amend act establishing a dispensary at Hogansville.

The House has adopted the following joint te~olution and invite the concurrence of the Senate in the same :
A. resolution providing for adjournment of the General Assembly at 6.30 o'clock.

The following resolution was read and adopted:

By Messrs. Mathews and Lee-
A resolution extending thanks to the committee on lobbying.
The following Senate hill was taken up with House amendment:

By Mr. McMichaelA bill to amend section 4793 of the Code.

The House amendment was concurred in.
The following resolution was adopted :
By Mr. Howell of MeriwetherA resolution adjourning the General Assembly at 6:30
this evening.

.576

JOURNAL OF THE SENATE

The following message was received from the J1onse through Mr. Boifeuillet, the clerk thereof:

1rl1. President:
The House insists on its non-concurrence to House res<>lution 134 and proposes a new amendment as per report ~f conference committee.

The following House resolution was taken up with amendment:

By Mr. Hall-

A resolution to appoint a committee to investigate the ~i:fferent departments of State.

House amendment was concurred in.

The following resolution was unanimously adopted :

By Mr. Hudson-
A resolution extending the thanks of the Senate to Hon. Clark Howell, President of the Senate, for his courteous and able manner of presiding during the present session.

The following message was received from the House, through Mr. Boifeuillet, the clerk thereof:
Mr. President: The House has adopted the following resolution :

A resolution notifying the Senate that the House is ready to adjourn sine die.

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

WEDXESDAY, AUGUST 12, 1903.

fJ77

M1. President:

The House has concurred in the Senate amendments to the following House bills:

A bill to incorporate the Mount Zion school district in Cobb county.

Also, a bill to provide for removal of obstructions of all kinds, other than dams now erected, from streams of Dawson county.

Also, a bill to revise the game laws of the State.

Also, a bill to amend the clause of the Appropriation Act which relates to the republication of Georgia Reports.

Also, a bill to incorporate the Oakland school district in Dooly county.
A!so, a bill to incorporate the Pleasant Valley school district in Dooly county.
Also, a bill to incorporate the :Mount Vernon school district in Dooly county.

Also, a bill to incorporate the Snow school district m Dooly county.
Abo, a bill to incorporate the Dooling school district in Dooly county.

The House has concurred in the Senate amendment to the House suh,-titute for the following Senate bill:

A bill to perruit and authorize the defendants in actions

57~

JOURNAL OF THE SEKATE.

now pending, or that may hereafter be brought by the State for recovery of certain lots of land, to plead as defense thereto, possession of said lands for the period of twenty years.

The House has passed by the reqmstte constitutional majority the following bills of the Senate, to wit:

A bill to cede jurisdiction to the United States over certain land in Gainesville for courthouse, postoffice or other gowrnment buildings.

Also, a bill to amend section 982, volume 1 of the Code of 1895.
Also, a bill to repeal section 23:3, volume 1 of the Political Code, and for other purposes.

Also, a bill to require ordinaries to keep a record of all pensioners in their county that are paid by the State.

Mr. Symons, chairman of the Enrolling Committee, submitted the following report:

.Mr..he8ident :
The Enrolling Committee has examiner! atHl found properly enrolled and ready for the signatures of the Pre;;idrnt of thc. Senate and Speaker of the Hon~e the following Ads, tn wit:
An Act to authorize the Governor and Attorney-General to settle any litigation claimed by the State.
Also, an Act to regulate the sale of stocks of gaud,; when 8olJ in bulle

WEDNESDAY, .AuGUST 12, 1903.

579

Also, an Act to provide for the appointment of a game warden for Thomas county.

Also, an Act to amend section 4793 of the Code.

Also, an Act to prohibit the adulteration of spirits turpentine in this State.

Also, au Act to amend article 7, section 1 of fhe Constitution relative to taxation.

Also, an Act to authorize administrators, executors and trustees to charge for making bond.

Also, an Act to amend an Act establishing a new charter for Gainesville.

Also, an Act to amend an Act establishing a dispeusary at Hogansville.

Also, an Act to amend an Act creating the Prison Commission DJr the State of Georgia.

Also, an Act to alter and amend paragraph 1, article 8, section 4 of the Constitution.

Also, an Act to protect the officers &nd employees at the penitentiary of this State.

An Act to amend section 4868 of the Code.

Also, an Act to provide in which county manufacturers shall pay their taxes when it has property in one Ol' more:
An Act to amend section 982 of the Code, providing that not more that two hanks shall be appPinti'd State depositories in cities of 6,500 inhabitants.

580

JouRNAL oF THE SENATE.

An Act to repeal section 283 of the Code.

An Act to require taxes to be paid in the county whete same is returned for tax.

Au Act to provide uew charter f(1l' the town of Flowery Branch.

An Act to provide for the re(luction of franchise tax in certain cases.

An Act to amend section 2166 of the Code.

An Act to provide for the testing of illuminating oils.

An Act to create a new charter for the town of Nichols.
Also, an Act to require the ordinaries to keep:a list of the pensioners.
An Act to amend sub-section 4082 of the Code.

Also, an Act to prohibit the hunting in the county of Thomas without the consent of the owner.

Al~o, an Act to regulate the law of year's support.

An Act to amend the Act establishing the city court of Baxley.

An Act to amend section l!l08 of the Code relative to banks.
An Act to amPnd St>ction 98i5 of the CodP.
Au Act to amPnd ~ection 982 of the Code by adding the town of .Jef'up to the list of State depositories.

WEDXESDAY, AUGUST 12, 1903.

581

An Act to amend an Act incorporating the town of Meigs.

Alw, an Act to secure to the several counties of this State the public school fund to which they are entitled.

Also, an Act to cede jurisdiction to the United Statero to certain lands in Gainesville.

Also, an Act to regulate the sale of commercial fertilizers in bulk.
An Act to amend the charter of Georgetown,

An Act to amend section 2171 of the Code.

Also, the following resolutions, to wit:
A resolution for the relief of J. K. McAfee, J. R. Grice and W. H. Raley.
A resolution to appoint a committee to act with the State School Comrr.ission relative to changes in school laws.
A resolution condemning the whipping of female convicts.
A resolution creating a committeee to investigate the smoke of mines at Ducktown.
A resolution appointing a committee to investigate lobbying.
A resolution relative to certain claims of the Sims family against the Northeastern railroad.
A resolution to appoint a committee to visit the State University during commencement 1904.

J'OUBlfAL OJ' THE SEXATE.
A resolution directing the State Printer to print and bind cet'ta.in Georgia Reports.
Respeotfull) submitted. W. F. SY.Mo:ss, Chairman.
Mr. Symons, chairman of the Enrolling Committee, submitted the following report :
Mr. President: The Committee on Enrolling have examined and found
du.ly enrolled and signed by the President of the Senate and Speaket of the Rouse aud ready for transmis&ion to Governor the following acts, to wit:
An Act to authorize the Governor and Attorney-General to settle any litigation claimed by the State.
Also, an Act to regulate the sale of stocks of goods in bnlk.
Also, an Act to provide for the appointment of a game warden in Thomas county.
Also, an Act to amend Eection 4i93 of the Code.
Also, an Act to prohibit the adulteration of spirits of turpentine.
An Act to amend Article 7, section 1 of the Constitution relative to taxation.
An Act to authorize administrators and exeoutors to charge for making bond.
An Act to amend an Act establisbi9g a new charter fo-r Gainesville.

WEDNESDAY, AUGUST 12, 1903.

583

An Act to amend au Act establishing a dispensary at Hogansville.

An Act amending an Act creating the Prison Commission of Georgia.

An Act to alter and amend paragraph I, article 8, section 4 of the Constitution.
Also, an Act to employ the officers and employees of the penitentary of Georgia.

AnAct to amend section 4868 of the Code,

An Act to provide in which county manufacturers shall pay taxes when their property is in more than one county.

An Act to amend section 982 of the Code providing that not more than two banks shall be made State depositories in towns of 6,500 inhabitants.

Also, an Act to repeal section 283 of the Code.

An Act to require taxes to be paid in county whete same

is given in for taxes.

.

An Act to provide new charter for the town of Flowery Branch.

An Act to provide for the reduction of franchise taxes in certain cases.
An Act to amend section 2166 of the Code.

An Act to provide for the testing of illuminating oils. An Act to create a new charter for the town of Nichol

4584

JOmtlil'AL OF THE SEllA'l'E.

An Act t.o require the ordinaries of their counties to keep list of pensions.

An Act to amend sub-section 4082 of the Code.

Also, an Act to prohibit the hunting in the couuty of Thomas without tbe consent of the owner.

Also, an Act to regulate the law ofyear's support.

An Act to amend the Act establishing. the city court of Baxley.
An Act to amend section 1908 of the Code relative to banks.

An Act to amend section 985 of the Code.

An Act to amend section 982 of the Code by adqing the town of Jesup to the list of State depositories.

An Act to amend an Act incorporating the town of Meigs.

An Act to secure to the several counties of this State the public school fund to which they are entitled.

An Act to cede jurisdiction to the United States over certain lands in Gain8ville.
Also, an Act to regulate the sale of commercial fertiliers in hulk.

An Act amending the charter of Georgetown. An Act to amend section 2171 of the Code. Also, the following resolutions;

WEDNESDAY, AUGUST 12, 1903.

585

A resolution for the relief of J. K. McAfee, J. R. Grice, and W. H. Raley.

A reaolution to appoint a committee to act with the State School Commission relative to changes in the school laws.

A resolution condemning the whipping of female convicts.
A resolution creating a committee to investigate the smoke of mines at Ducktown.
A resolution appointing a committee to investigate lobbying.
A resolution relative to certain claims of the Sims family against the Northeasterc Railroad.
A resolution appointing a committee to visit the University during commencement.
A resolution directing the State Printer to print and bind certain Goorgia Reports.
Respectfully submitted. W. F. SYMONS, Chairman.

The following resolutions were adopted:

By Mr. Hudson-
A resolution extending thanks to Mr. Horgett for <Jourteous attention.

By Mr. TisingerA resolution extending thanks to Hon. J. W. Green for
faithful service.
On motion the Senate adjourned siv.e die.

INDEX
TO
SENATE JOURNAL
1903

INDEX.

SENATE BILLS.

,DJOURK\IE::XT-
Senate adjourned sine die...................... ;'):<:; Addition to committees ................... 39 119 214

~AXKS-

WN'DS-
A bill to authorize the issue and sale of bonds by the county of Pierce to build schoolhouse .. 14~ lT:J 1!)!)

~ODE A::\IEXDUENT8-

A bill to amend section 3761 of the Code..........

6

A bill to amend section 4082 of the Code. . . . . . 42 70

A bill to amend section 21GG of the Code ... .4G 32 58 54!)

A bill to amend section 4147 of the Code........

!11

A bill to repeal section 32 to G::i of the Code... . . .

51

A bill to amend section 280!) of the Code...... 52 57

A bill to amend RPction 31Gl of the Code......

G!)

A hill to amPnd section flS:J of the CiYil Code and

other purposes ...........................107 122 134

A bill to amend paragraph 2. of !'ection 12G!) of

the Code ............................ 143 JGO 182 277

A bill to amE-nd se<>tion 47!13 of the Code of 18!);1

relatiYe to the !'ale of lands . . . . . . . . . . 213 277 2Rfi :17:1

A bill to amend se<>tion 082 of the Code so as to

add .Tesup to the list of ~tate d('positori('S .. 233 255 2G!l

A hill to amE>n<l f<E'ction 2780 of the CorlP......

z:m

A bill to repE'al sr>ction 233 of the Political Code 307 327

340

A hill to amend section 982 of the Code .... 307 332 342

590

1-="DEX.

CODE A:\IEXD:\IENT~- Continuecl.

A bill to anwnu seetion 3303 of the Code as to ap-

plilation for auministration . . . . . . . . . . . . . . . . . .

3~0

~\ bill lo amend ~l'etiou lUO.S of the Colle whielt

]H'OYides who shall Jnanage banks . . . . . . . . :1:3:! 3:Jl 370

A bill to amend seetion 4.Su.S of vol. :! of the Colle 340 3!J:!

-!1:!

A bill to amPn<l se<tion 7\l:J, vol. :3 of the Co<lP,

referrin;: to l'l'rtiorari from eounty eourt~. . . .

403

CO:\DIITTEES-SPECL\L-

Committee to notif~ the Governor of the ot;:aui-

zation . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .

4

Committl'e to prc>pate resolutions on the death of

~<nator HountrPP . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

CommitteP to impstig-ate (barges about lolJlJ~ing

34:!

Committee to impstigatc the whipping of :\[iss

DeCris . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4G2

Committep to inYestig-ate claims of ~ims lwirs. .

-!87

Committ<P to l'OHSi<l<r thP pre~ent sehool law~..

:>-!f!

Committf'e to investigate Torrens lan<l title sys-

tc>m ............ _......... _. . . . . . . . . . . . . . . . . .

G:Jl

Committee to imestit:ate the books of the depart-

ments of :-;rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ij!J

Committee to visit State L'nin'rsity

570

CO:\L\IITTEE-~PECL\L 1Hqwrtsl-

Committee report on <ll'a tl! of SPna tor Rountne Committ<e rPJHH't on ~tate Sanitarium.......... Commit tee repmt on .\l'allem~- for tlH BlitHl... . ConHnittPP l'Pport nn Iohb~iug-....... . . . . . . . . . . . CommittPe nport on House HPsolution Xo. 13-L.

G3 ~:;7 383 3!14 G:!:-i G74

CO:\DIITTEE--:IfiXOHITY 1Hqwrts1133 lti~ lGG 171 lSI: 310
CO:\DIITTEES-ST.\XDIXG IHPportsl-
RqJOrt of Committe<' 011 En;.::ros~ing- .... 44 ;-,:l li~ 7i
ss 1:11) 1--l:.! 1ss :207 :.2:.!:1 :-;;-,:~ ;~()~ i
3s:! 401; n 4:!S 447 ~<>:! -J,;.; -1:"'

INDEX.

591

~01\Il\IITTEES-STANDI:-.;G- Continued.

Ueport of Special .Tn<liciaiT Committe<> .. 45 G;; U7 82 8!) US 113 127 133 151 160 1!>0 240 :!7\J :!S::i
:.![);:; 31:~ 333 3:>::i 303 40U -!11 4-!0 460 5:.!:.! 53:!

Heport of Genernl .Ju.lidaQ Cnunn!ttt, .. -17 ;):.! HI) lit; 74 78 !J(j 11:.! 1:.!0 1;)2 170 1!)-! 210
:.!45 2tJl 315 3;}-! 381 473 !!)1 533 573

Ht>port of Committl'e on CoJ'porations .... ;:;3 r,1 110 14;) Vi-! 1I:! ]!Iii :.!18 :.!()0 :WO :.!81 302
343 3;;;:; :3u7 -au 't-1:-. -!uo :.~.H aJC

Report on Constitutional Amendments ... 55 S3 13i 299 381

Ueport of Temperance CommittN' ....... 65 !lS 111 22a

302 310 340 415

42 --!!12 ;"\:~:.!

Heport of Finance Committee. . . . . . . . . . . 77 1IU 218 338

3D:! 401 :i23 ii:iT

Report of the Public Printing Committee......... 88

H!'port of the Committl'l' on Agriculture ...... !J:i 1:!1 :.!O(i

261 295 2!)6 367 3!)3

407 412 -!7:! -!!)3 :i:.!1
Hcport of Committpe on Pensions ............ D7 :.!~>!1 .n :-:

HPport of Conunittl'e on ~tate of the Hepublic..

11:.!

Ht>port of Committee on Ell\H'a tion .. 1:.!0 168 101 :.!01 :.!:.!0

:.!U1 :~;;3 41G 43G ;;o;; ;;:..?;;

Heport of CouunittPe on Bauls .......... 134 263 a3(i 3:37

:H:; 3:J!J 40S -t.!1

HPliOrt of Conunittl't' on Hailrnatl>' .. 1:i-! :!11 :..?:.!:~ :.!8-1 4:.!~1

HP)lnrt of Com mittel' on .\ppmpria tiou ...... 1:i() 1IH 3!l0

-!:l1i 44-l

HPport of Committl'e on I~nrollment .... l:il 1l;i 1!11 l!l::i

2:~n 21;- :n7 :J17 :11;7 ::m as:! 3s:~ -o,; -t2t 4:!:!

422 4-!0 4H:3 -lH:1 -!ti-l -!SO :J33 ;)4I ;;r;o :;-;-.~ :OS:!

HPport of C'ommitteP on Pt>nitentiary . . . . . . . . 222 4:1!) 317

Heport of C'ommittt>e on IIrgit>ne and Sanitation 4S!l

ll(J)ort of Committt>c on :\Iilitat'J, . . . . . . . . . . . . . .

ri20

: ) 0 : \ D f L ' \ I C ' A TIOX~Communil'ation from Prison Connni,.:sion........ 547

592

l.ND.&.X.

A bill to amend article 6, section i, paragraph 2, relathe to justice of peace ................... 45 G2 S2i
A bill to ammd paragraph 2, si>ction 11 of the Constitution . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . D2 30~
A bill to amend p!ungraph 2, section 2 of the Constitution ext'Dlllting certain pt'Operty from taxation ... ... . . . . .. . . . . . .. . . .. . . .... ... . . 101
-~ biU to amend P.'ll'ugt'llph 1, section 1, paragraph 5, section 2, acld new paragraph to article 0, lm('tion 2 to be lmown as pnx'lll.grntlh 0 10i IJOS S-10 S'Jo
A llill to amend article 7, section 1 of the Constitution. so as to limit thP rate of taxation in the State ............................. 121 12!> 138 510

CONVIO'l'&--

A hill to l1ire one half the felon)' eon\icts on pull-

lie works . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .

60

A hill to provide for the care of certain eon\"icts .214 2'20

260

A bill to autlmrize the prison commission to hirl"

tbe lulmr of felony con\"icts in this State for fin~

;r<'ars .. .. .. . . . .. . . .. . . .. . . . . . .. .. . . . . .. . . . . .. 464

COL'XTY CO~DliSSIOXEUS-
A bill to create a bonrtl of roads anti hridl!'es for .AJ:lllling county . .. .. . .. .. . . .. . . . . . .. . . .. . . . 5 43 :14

A hill to iu;.ure <'fficieucy of connt;~c school commil!ll'lioners in tbi;. State.............. :.~:: :,?:;;; :!0-!

A hill to t'hang<' the line behYN'll the t'ountie;. of Xewton nntl ,Jf!.CkHill ................ , . .. . 53 82
A hlll to re<!Ulre tht ortlinnl'ies of the rountit>R to l~e<'P a.lil'lt of tim veasioners or their cotmtles . L'>O 418
445

I~DEX.

593

CITY COURTs-
A bill to provide for the holding of city courts by other city court jullges. . . . . . . . . . . . . . . . . . . . 5 43
A bill to amend the act establishing the city court of Bainbridge ................................ 57 (58 7S
A bill to amend the act establishing the city court of Baxley in Appling county ............ 374 380 394

CO"GRTS-Superior-

A bill to provide for the rotation of the judges of

tiw superior courts of this State..............

()\}

A bill to change the time of holding the fall term

of "Upson superior court. ..................... 84 93 107

A bill to abolish the fee system of solicitor-gen-

erals of the superior courts ................ 276 321 423

A bill to modify the duties of clerk of the supe-

rior courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 321

A bill to modify the duties of jullges of the supe-

rior courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 321

JOS'"l'S AXD FEES-

A bill to proville for fees in civil cases in the

courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G 132

A bill to change the remuneration of solicitor-

generals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

A bill to increase the salary of jllltges of the supe-

rior court .................................. 57 308 329

)ISPEXSARmS-

A bill to amend the act estalJlishing the dh;pensary in Hogans l'ille ........................... 133 361
A bill to establish and maintain a dispensary in the town of Arlington . . . . . . . . . . . . . . . . . . . . . . . . 3G3 ;:n

~LECTIOXS-

Certificate of the election of Hon. R. .T. \Yilliams,

seuntor 1Gth llistrict........... . . . . . . . . . . . . . . . .

~l

Eledion of doorkeeper.......................... 4 fi 3H

38s

594

'INDEX.

EX:moUTIVlll SESSIONS-
43 49 53 63 T5 94 121 131
14& 167 205 210 21.9 239 ar. 294
310 334 377 390 427 455 489 570
FERTILIZERS-
A biU to prOTide for the registration, sale and inliiiPI!Ction of fertiliBers ......01 101 909 5r.f

IJ\"VITATION&-INSURANCE-

39 811 'lli 73

JUSTICE OF PEAOE-
A bill to authorize the justine of pmme to change the time for bold.ing their courts.............. 6 122

UQUORLAWS-

A bill to prohibit the manufacture of sp.il'it.uous

.

l!quors in Hart eounty .... 153 175 ~00

MILITARY LAWI-

A bill to place certain officers on retired list. . . .

51

MESSAGE&--liOUSE-
7 8 48 50 55 GG 77 Sr 87' 00 !)7
108 119 128 181 143 149 151 173 1i7 177 189 189 197 227 229 258 279 296 318 320 338 352 859 368 878 379 391 1195 414 422 429 448 455 458 459 471 484 488 488 490 504 517 524 54'3
559 561 569 570 574 57~ 576 576
)!ESSAGEI--EXEOUTIVE-
7 8 41 50 50 00 68 82 113 130 148 194 268 218 264 271 179 281 290 339
340 366 376 412 435 462 487 491

INDEX.

595

HSCELLANEOUS BILLS-

Bill to regulate the law of year's support........ 5 48 58

A bill to provide that all property without a hw-

ful owner shall belong to the State .......... 6 255 270

A bill to proYide how marriage license shall be is-

sued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 278

A bill to prohibit the sale of cotton futures ... .42 132 423

A bill to require judges to purge jury in certain

cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 131

A bill to require all corporations to pay taxes in

the counties in which by law they ate required

to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 92 105

A bill to provide in what county corporations

shall pay taxes when their lines cross into other

counties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 92 106

A bill to pro>ide for the levy and sale of the

equity of redemption in cases of conveyance of

deeds ...................................... 68 157 180

A bill to require to be stamped on shoes the ma-

terial out of which they are made. . . . . . . . . . . .

69

A bill to make it unlawful to charge more than

8 per cent. on all ,-auces on cotton or other pro-

ducts . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . .

77

A bill to prescribe how property shall be levied

on and sold which is held by a defendant in

execution, when the plaintiff has obtained a

special judgment .........................84 122 132

A bill to provide fot the deduction on franchises

due cities, towns and villages in certain cases. . 93 121

197 549

A bill to repeal an act to regulate payment of fees

to attorneys and receivers .................... 101 123

~\. bill to prohibit the giving of passes and franks,

or the use of telegraph, telephone and expre3f'

companies in the State of Georgia .......... 108 124 441

A bill to prevent betting and selling of pools in

this State . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 148

A bill to permit and authorize the defendant in

action now pendfng or that may hereafter be

brought by the State for the recovery of certain

1ots of land to plead as dfense thereto posses-

sion of said lands for the period of twenty

years .............................. 155 111 214 572

596

INDEX.

MISCELLANEOU:;; BILL8- Continued.

A bill to authorize street railroad companies to

change their roads in cities by consent of mayor

and council ............................... HiG 212 2SG .

A bill to proYide for the registry of transfers of

bonds for title ............................. 1~2 212 271

A bill to require broad tire wagons to be used

on the public roads of this State . . . . . . . . . . . . . . 194 337

A bill to require the State chemist to analyze any

part of the human body in c:Jses of p;>isouin!.; .. 21:~ :-!08.

A bill to proYide for the appointm,nt of r!oba 'ion

officers and to define their duties .......... 213 342 :~li.1

A bill to prohibit hunting- on pti ,:;te lands in

Thomas county without consent of owner .. 233 263 :!-"2

A bill to fix the age of consent in thi& State. . . .

:~TS

A bill to provide fo1 :1 ;;arne warden and a d.?.[JU\:1

warden of Thomas county . . . . . . . . . . . . . . . . . 28!) 308 :JC:O

A bill to quiet the title of lands in this State hel<l

adYersely for a period of twenty .vears .... ~S!l 3l2 ;~:=a

A bill to proYide for the crossing of priYate ways

in this State . . . . . . . . . . . . . . . . . . . . . . . . . . 301 338 3TG 423

A hill to define and regulate the business of in-

dustrial life insmance . . . . . . . . . . . . . . . . 30!l :1:01 3TT 40R

A bill to prohibit the sale of cigarettE's in Hart

county ....................................... 30!) ::::~2

A hill to cede to the United StatE's certain lands

ln Gainesville to build a postoffice ........ 332 3fi:.! 3Til

A bill to proYide for the sale of stocks, wares

and merchandise in bulk and for other pur-

posPs .................................... 3G2 3T::i 4J 3

A hill to proYide for the use of the application

and eYidence thereto attaclwd, on file in til('

office of pension commissioner, as competent

tes1imon~- in certain cases ................. 380 418 441

A bill to allow administmtors, guardians. etc..

who are required to giYP bond to charge for

samP

5-!!l

:.\IUXICir.u, LAIYS-

A bill to authorize the ~Iariettn. Sewerage Company to occupy certain streets in the city of l\Iarietta .................................... 4G Gl TO;

INDEX.

o97

:JiUNICIPAL LAWB-Continued.
A bill to ammd an act establisllill!' a. new clllll'ter for the city of Atlanta ......................51 62 109
A bill to amend tllc act crt'atill,A' a new charter for the city of Douglas in OoD'ee cmxncy90 101 123
A bill to amend the charier of the city of Atlanta ....................................109 237 2142
A bill to cr~ate a new charter for the town of Xichols .......................153 175 199
A bill to amend the net incorporating the town of :\Ienlo .................................lOS 211 22G
.<\. hill to establish a new charter for LaFayette 237 356 A bill to provirle for a new charter for Flowery
Branch ................................... 237 308 330 A bill to amend an act incorporating the town of
:\Ieigs in Thomas county........... 289 308 331 A bill to amend an act establishing a charter for
the city of Gainpsville .................... J!89 301 IIIU A bill to nm~d an act to amend t11e charter
of Georgetown ...........................409 417 435
:ORGA~IZATIOX-

I'EXSIO:N LAWS-

PEXITEXTIABY-
A bill for the protection of officers and emplorees in tl1e Genrgia penitentiary....... . . 549

l'RISOX CO:\DIISSION-

A bill to amend the act creating the prison eom-

mission of Georgia...........................

G9

.:\ bill to authorize railroad companies to chD.DJ'e the route of tracks so as to straighten tracks 46 100 224 550
.-\. bill to presc1'ibc the venue of action that may be brought by railroads for violations of its rules . . . . . . . . . . . . . . . . . . . . . 278
.<\. bill to require railroad cmilpttnies to ellUip flat cars to curry lumber......................... 380 444

598

INDEX.

RAILROAD OOMlliSSION-
A bill to enlarge the powers of the railroad commisllion 10 as to require railroads to construct side-tracks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300'

SCHOOLs-
A bill to proYide for a uniform system of school books for this State.... .. .. .. .. .. .. . . . .. . .. 83 118
A bill to proYide that no person living within the territory embodied in any local publie school shall be eliglbl~ to seiTe on the county boar<l
ot education ..........................84 131 181 810 A bill to establish a. system of publie schools for
Pierce county ...........148 175 199 874 A bill to incorporate the Kenllington school dis-
trict in Walker cnnty....................159 125 241 A bill to secure to the counties of this State the
public school fund to which they are entitled.. 172 212
ftG. A bill to amend the act establishing a. system of
public schools for the clty of Thomasville301 851 858 A bill to proyide fot the establishment and main
terumce of schools of ll,l'l'icultnre and mechanic arts in the congressional districts of this State 403 417

STATE GEOLOGIST-
TA.X:Es-
A bill to provide for the collection of occupation tases by issuf:q execution . . . . . . . . ...... .41 48 as;
A. b1Il to amend the general tax act .....57 79 93 100.

INDEX.

599

SENATE RESOLUTIONS.

Notifying the Governor of the organization.....

4

Directing the secretary to notify the House of

the organization . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a

Appointing a committee to prepare suitable res-

olutions on the death of Senator Rountree - . .

6

To ratify the mayo1 and council of ::\Iarietta in

closing Hansell street ................. .46 123 132 440

Ditecting the State Printer to print and bind cer-

tain public records.........................57 93 105

On the death of the late Senator Sullivan. . . . . . .

62

Providing for the same number of pages and

doorkeepers for this session and 1904 as was

employed in 1002 . . . . . . . . . . . .. . . . . . . . . . . . . . . .

89

Cotigratulating l\Ir. C. H. Mackay upon his grand

achievement in completing his cable .......... 108 119

To authorize the State bank exl}miner to em-

ploy a stenographer..................153 187 197 50-1:

RelatiYe to the revision of the penal system of

Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

Ordering 100 copies of Senate Bill No. 75 printed;

also 100 each of the minority reports on same

bill; also 100 copit'S of House Bill No. 27 . . .

182

Inviting the Hon. John Allen, of llississippi, to

address the General Assembly................ 206

To indorse the bills now pending in the Legisla-

ture to appropriate $50,000 toward the St.

Louis Exposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

That a committee be appointed from the Senate

and House to act with the State School Com-

missioner to consider present school laws ... 213 549

That the Senate stand adjourned in respect to

the late Justice Lumpkin . . . . . . . . . . . . . . . . . . 219

Extending the sympathy of the Senate to Senator

Merritt on account of the death of his sister.. 220

Convening the Senate and House in joint session

to listen to an address by Hon. John Allen, of

Mississippi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

For the relief of J. K. l\IcA.fee, J. R. Grice and

W. H. Raley, sureties on the bonds of Charles Harris . . . . . . . . . . ...................... 256 329 358

600

mDEX.

Convening the Senate and House in joint session

to listen to an address by Ron. W. B. Hill . . . . 339

To appoint a committee from the Senate and

House to inYestigate clmrges about lobbying in

the General A.ssembly . . . . . . . . . . . . . . . . . . 3-:12 3:iG
To appeint a. stenographer for the joint commit

tee to inwstigate lobbying . . . . . . . . . . . . . . . . . . 373

To pa.y pension of ;r. R. Btuile, in Hall

county . . . . . . . . . . . . . . . . ...............377 418 HH

Requesting the House to act Ol\ lenate bills for

second and third readings :uom:Iay and Tues-

day .. ...... ...... .. ................. 430

To crea.te a. commh;sion to investigate damage

done b~- smol~c and fumes from copper mines..

43!1

To declare ne~t Iunday a dles non, and that no

per diem be called. for that day . . . . . . . . . . . . 43U

Appointing & committee from the Senate and

House to inTestigate tile re110rt of the whip-

ping of l!iss llamie DeCris, at the State

fa1m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 ii07

ProYiUing that the Sen&te shall haTe two sessions

of the day for tlte remaintler of the session... 411

Appointing a committee from the Senate and the

House to int"estigate certain claims of the

Sims heirs against Northeastern railroad...... 4Si

Condemning the whipping of female eonviatlJ, and ret}Ucsting the Prison Commission to pro-

Tide other punishment for them....... . . 525

!!letting the 11om of four o'clock this afternoon

as the hour of adjourumen;t . . . . . . . . 54ii

Appointing a committee from tlle Senate and

House to visit the State Unhersit) liming, Til-

cation ............. . .. 1;7(1

Of tltanks to tlle committee inYestigating chatges

made against the present General Assemblf'.. 071

Authorizing the secret:ny to liaYe brass l"ailings

run behind the seats in the Senate . . 573

Extending thanks of the Senate to lion. C. S.

Nortlum for furuislling Litllilt water to the

Senate during tl1e session . . . . . . . . . . . . . . . . . . 573

INDEX.

601

!ENATE RESOLUTIOX8-Continued.

Extending the thanks of the Senate to :.\Iessrs.

". S. Gentry and \\". B. Roberts for the use of

the telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 574

Extending thanks to the Committee on Lobby-

ing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 575

Adjourning the General Assembly at G:30 this

eYening . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57i>

Of thanks to Hon. Clark Howell, PresidPnt uf

the SPnate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570

E:~.."i:ending thanks to :.\Ir. Hargett for courteous

attention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585

Extending thanks to Hon. J. "' Green for faith-

ful senice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

585

602

INDEX.

HOUSE BILLS.
APPROPRIATIONs-
To appropriate the sum of $11,500.00 fo1 the School for Deaf . . . . . . . . . . ............... 91 122 182'
To appropriate $15,000.00 to the State Sanitarium .. . .. . . . .. .. .. . .. . .. .... ~ ........ 344 358 390
To appropriate $2,000.00 to secure from England records pertaining to Georgia history ....... 425 448 499'
To make an appropriation to the trustees of the UniYersity for the completion of the WinniE' DaYis monument ......................... .478 404 543
To amend the general !lpJI!'OJ>l'iation bill f'lr 1003 and 1004, so as to add $2,500.00 to the Soldiers' Home ........................... 489 514 541
BAXK8-
To amend the Act incorporating the ):[erchants' Bank of Valdost:t ....................... 300 330 303'
To amend section 082 of the Code, so as to add LaYonia to the list of State depositories .. .404 420 43P
To amend the act incorporating the Northeast Georgia Loan & Banking Company ........380 410 4411
BONDS OF STATE-
To pay off and retire the bonds of this State as they become due ........................ 192 209 551
CODB A)!EXD)!ENTS-
To repeal an act amending section 610 of the Code . . . . . . . . . . . . . . . . . . . .............. 78 100 12o
To amend section 1378 of volume 1 of the Code relative to admission to schools ........... 99 203 349:
To amend section 982 of the Code so as to add Lavonia to the list of State depositories ... 232 278 2~4-
To amend section 151 of the Code relative to robbery .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 263 285-
To amend section 453 of the Code relative to vagrancy .. .. . . . .. . .. .. . . . . .. . .. . .. . .. . 356 461 503 550

ISDEX.
CODE .AMENDlUENTS-t:'ofltinued.
To amend section 683 of the Qode..361 374 442 To amend section 982 of the Code so as to add
the town of Calhoun, in Gordon coUDty, to the
list of Stnte depositories . . ......ass 4tfJ 481
To amend section 3 of an act providing for a. soUeitor of the ecUDt.Y court of Oconr-e county . . . . . . . . . . . . . . . . . . . . . ... 388 109 453-
To amend section ~'21 of the Code relative to poPt ing land . . . . . ...... .4.1'):1, -187 493
CONSTITUTIOXAL A.liEXD:\IENT8-
To amend parqraph 1, section 1, article 7 of the Constitution.................................. 52 62 71
COU::-.'TY COliliiSSIOXERs-
To provicle for a board of county commissionet'S for :Monroe county.. . .. . .. . . .. .. . . .. . . .. . .. li4 161
1.'o croote a boo.rd of commissioners f1u Lnutens and Glascock co1mties..................... 92 128 13i
To abolish the board of county commissioners of roads and reenues for Wilkes county ..92 100 1.86 147
To repeal an a.Ct creating a board of e,ommieioners of roaos and revenues fQl.' Dade 146 202 20o-
To amend an a<:t cteating a board of commissioners of roads and revenues for Twiggs county . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 483
To repeal an act creating a board of coUDty com missione1.11 fol Walton county ...........167 202 201
To amend the act. creating a boa,.rd of county commissioners of Pulnski county ......... 158 204 202:,
To create a. hoard of county commieione1.11 for :Randolph county ........................19! 884 348
To amend the act creating a board of county commissioners fot Douglas county........ 229 243 268
To amend the act creating a board of county commissione1.11 for Hall coUDty.... 281 244 168
To repeal the act creating a. board of roads and revenues for Dougherty county . . . . . 304
To authorize the county commisslone1.11 of Terrell county to pay re11sonable compensation for misdemeanor convicts ...................304 383 840

604

JNDEX.

COUNTY COXMISSIO!IEBS-Commad.
To amend tlle act establishing a board of commissioners of ro:llls aml reYenues fot Charlton
county ...................aon 83.3 347
To authorize the eount;r coinmissionets of Camden county to pay tile sberiff of Raid county $l()O.OO in addition to Ills regular ft.'!! 807 884 347
To create a board of county commissioners of Dougllet'ty- (:ount:r . . . . . . . . . . . . . . 325 889
To create a boat'd of commissionms of roads and reYenues for Tattnall county .............825 940 004
To p;i\-e to tlle coinmls&ioners of toads and revenues of Camden county entire control of the roads 'in said count~..............3."16 400 43-1
To establish a county board of commissionets for tlle connt.v of Bibb .................... SSH 400 452
To create a board of county commil'l14ioners ftw Bullocll county ........................... 4:.!4 482 4Ili
To amend the act c:reating a Imam of county commissioners for Twiggs county. . . . . . . . . 4.':l:l
To amend the -act crt>ating n. board of commissioners of roads null re,euues for Emanml county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476 511
'l'o amend tlle ac:t to cres.te tlte board of county commissioners of Jackson 'ount~ .......476 iil4 iltl:!
'l'o repool an ac~t Cl't'lltiu~ a. tmn rll of touut:r commissionet"&l for 1:-'rnnldiu count~......47U 5U: ill:!
To e~ente a bom<l of <ommi!<!<ioners of roads nntl 1"111\'enue tor l!'ranklin rouut~ . . . . . . . . . . 477 ill
To create a bmuu of tounty cotumis:;;ioners fo1
Carroll county ........................... 4i8 514 wf.i
CO:SYIC'l'li!- .
To amend tlle act regulating the control of mil'ldemeanor couvitts iu Bibb county..... 483 481 407
CO'CXTY OFFICES-
To ell'ct county school commis!<ioll.ers by the lli!O}>le , , , , . , , , , 188 2'1..0
To t:oustitute tl1e clerl of thtl superio1 court of Macon county ex officio clerk of the county comt ...............SOG SB3 347
To l'l'<'llte tlte office of roatl commissioners of Carroll county ...........................4TG 514 Brw

JXDEX.

606

COURT8--0ITY-

To rt"Pt>nl the act establishing the elty court of

Dublin... . . . . . . . . . . . .

f'

To amend the net estnblislling tbe cit~; court of

Hall COllll.ty . . . . . . . . . . . . . . 43 TO

To increase the authority of recorders' court....

47

To repeal the act establishing the city court of

:Mt. Yernon . . . . . . . . . . . . . . . . 59 75 94

To abolish tlie city court of Clarksville..........

14

To re]ll'a.l au act establishmg a. eity court of Jef-

ferson, Jaekson county ....................90 100 126

To antend the act establisbin.g t11e city court of

Greenville, in l\Ieriwether county. . . . . . . . . . 91 100 12G

To establish the city court of Jefferson... 99 124 186

To amerul the act esta.I.Jlishing the city com't of

Swainsl10ro . . . . . . . . . . . ...99 124 187

To pwvitle for an act establishing a. city court of

Han1ilton ................................ 2'.29 244 li!61>

To amentl the act establishing the city court of

)Joultrie .................................230 2H 21lS

~ro amcud tl1e act creatin.g the city court of

"\YttY<'l'Ol:'S 230 243 26i

To amentl the act esta,blisbing the t'ity court of

Sylvania ............. 230 243 267 To ltlllt'DI.l the act establishing tl1e city coul't in
Ua1nilton ................2.'11 244 2GiiTo create a t"lty com't of l!ltatesboro.........243 283 2Sn To nme:wl t11e at't cl'eati:ng the city com't of
EmJ~ county; to pro\i<le for the appointment

of jntlge :nul solicitor ...................304 334: 357 To nnund the act creating the city court of
Eal'ly rom1t~ ............................. 804: 833 34~ "l'o amend the art estahlishin.g the city court of
BntnpsyiJle ...............................303 833 3:;n

To nmentl the act estahlisltin.g the city cout't of Washing-ton ..............................324 330 3tl3
To nmtntl t11e act t'l'eating tllc city court of

Amerie11s ............... , ...............32a 358 371 'l"o amtml tltc :u-t eAtnhliji!JlinA" the t'ity coux't of
BttntSwick .................38ti 40U 4.'34 To amenll tht art t>Stahlishinl!' the city court of
Duhlin .......................... 405 42tl

<606

INDEX

.COUR'i'S-CITY.-Continued.
To amend the act establishing the city court of Dawson .................................. 432 481 496
To establish a city com't of Wainsboro ..... .433 4Gl 496 To provide for the election of judge and solicitor
of the city court of LaGrange by the people . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 244 26:5 To abolish the city court of :Forsyth ........ .478 518 ;:;;m

COURT8-COUNTY-
To repeal an act creating the county court of Bulloch county ............. , ............. 232 243 267

.COURTB-SUPERIOR AND SUPRE)t:E-
To amend the act fixing the time for holding the supelior court of Oconee circuit .......... 235 243 266
To change the time for holding the superior court of Chattahoochee county............ 230 244 265
To change the time for holding the superior court of Liberty county .................. 232 244 266
To change the time of holding the SU})eJ"ior com'ts in the counties of Decatur, Calhoun, Worth and l\fitchell ..................... 305 333 348
To change and fix the time of holding the superior court of Banks county ............... 479 511 554
.:OISPEXSARY-
To establish a dispensary for the county of \Vhitfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
To amend the act establishing a dispensary in Pulaski county ........................... 159 309 34e
To establish a dispensary in \Vrightsville and town of Kent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
To provide for the establishment of a dispensary in Statesboro . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 334 348
To amend the act establishing a dispensary in the town of Colquitt...................... 431 515 561
"'.ro amend the act creating a dispensary in Buena Yista .................................... 475 514 53S

INDEX.

607

ELECTIO~ LAW8-
To revise the election laws of Georgia... .42 84 114 118 To amend the act concerning the election laws of
the city of Cordele . . . . . . . . . . ............90 210 245
.HUNTING AND FISHING-
T.o protect the fish in the streams of Bartow county ................................ 146 208 253
To prohibit the trapping and hooking of fish in the streams of Hall county .............. 231 389 438
To provide the mann;er of fishing in Flint river and all the streams of Fayette county .... 387 481 499
To consolidate the laws of this State r~latiHl to game and fish ............................388 436 56H
To protect fish in Notla river, in Union county . . . . . . . . . . . . . . . . . ................474 515 564

LIQUOR LAW8-
To fix the license for retailing liquor in Brooks county ................................... 46 69 93
To prohibit the manufacture of alcoholic spirits in Upson county . . . . . . . . . . . . . ........... 91 161 246
To prohibit the sale of spirituous liquors in Webster county................. . ........ 186 288 350
To amend the act to prescribe the mode of granting license to sell liquors in 'elfair county ................................ 387 426 451
To prohibit the sale of liquors in Irwin county ........................................ 404 426 450
To regulate the sale o! spirituous liquors in cities by authority of municipal enactment ..... .477 515 548
To amend an act to prohibit the sale of spirituous liquors in Lee county . . . . . . . . . . . . . . . . . . . 479 515 563
:MISCELLANEOUS BnLs-
To regulate the filing of second claims ...... 69 160 210 To regulate the road laws of this State....... 59 160 215 To provide for the removal of obstructions from
the streams of Clayton county ........... !l!l !2S 135 To protect Confederate and other veterans in the
State . . . . . . . . . . . . . . . . . . . . . . ............... 122 134

608

INDEX.

MISCELLANEOUS BILLS--Qm.Unued.
To amend section 3 of an act so as to provide greater compensa.titoD. for depucy jailers of Ohatllnm councy .. . . . .. . . ...150 201 247
To allow the voters of Blue Ridge district in White t'Ottnty to vote on "fence" or "no fence" ....................................184 208 255
To authorize the railroad companies to engage in the business of steam heating .............185 203 215 To abolish "the days of grace'' recognized by
custom in this State..................... .192 350 BH To a1nend the act making it unlawful to con-
tract with a person under contract with another person ..............................192 350 BiG To provide for the situs of debts due non-resident.<~ .. .. . . . .. .. . . .. . .. .. . .. .. . .. .. .. .. 2113 2SJ To fix the number of days eacl1 person sul1je<'t to 1-oad duty shall be required to work ....305 3i0 41'17 To provicle for the regi11tration of voters in tl1e town of Lithonia in DeKalb rouuty ....305 3,1,5 363 To pro'lide for the protection of birds and their nests .................................324 3i0 4ilO 521 To proYidethat each alrlermnn of IJayannah slulll receive a. salary paid out of the trensmy . 32G 344 3G4 To provide for the removal of obsttuctions from the streams of liorgau county...... , . . Si2 For the relief of J. W. Wilcox. .. .. .. .. .. .. . 888 To prescribe the qualifications of jurors in this State ................................... .404 482 G3:> To authorize the treasurer to trauflfer any surplus ftmd from any class of pensions to anotlle\, wl1en tlle amotmt appropriated is iusufficieut ..................................... .40il 448 501 To abo1isl1 trials for' inenib in this State .405 481 308 To ctetlte a. boiU'tl of comniiiiSion to make a t'OIIt<'r of tlw G!.'orgin. sailors and sollliers ....425 4111 536
To prohibit hogs f1-om running at large ... .432 51!i n::n
To rc'penl an act t>recting public gr~tes from the resitlcn<'e of Adam Dn\'enpott to the residt>nce ol' "" B. G. Rogers, in I'annin conuty... d32 5l;j UtJ;3
'fo o:reate tll.e Confederate 1\'Iemorial Board .. .447 4111 5U To eulargt!' and define the powers of police court
in the cit;\ of Somnnah..................4i4 513 ua4

INDEX.

609

IIISCELLANEOUS BILLS-Continued. '
To regulate the carrying of concealed weapons .. 474 513 551
To create a department of health and health officers in this State ....................... .474 494 53-1:
To remove obstructions from the streams of Carroll county .......................... .475 404 530
To amend the clause in the appropriation bill for the yems 1903 and HJW, relative to the publication of Georgia Reports ........... .475 494 551
To make it unlawful to kill any cow, hog, etc., in the 25th district of Glynn county ...... .477 516 557
To provide for the exchange of the prcsei\t site of the Presb~terian church of :\filled.;eville 479 815 555
'l'o provide for the removal of obstructions from the streams of Dawson cou!Jtr . . . . . . . . . . . .470 49,1 537
To allow defendants in cer~a;u tronr cas!'s to plead set-offs or to recoup in damages . . .. -1:!!0 4\14 5il
To make it unlawful for any person to procure money on, contract to perform senices with intent to defraud ......................... .4Su ::l15 544

\!USICIPAL LAWS-
To amend the act incorporating the town of waycross . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 124 130
To incorporate the town of :\!ansfield ........ 90 123 135 To incorporate the town of East :Jo.:llijay ...... 01 147 205 To amend the act incorporating the city of Toc-
coa, in Habersllam county .................. 91 124 135 To amend an act incorporating the town of
Sllaron ................................... 145 201 253 To amend the charter of the town of :\Iorven .. 146 203
254 To amend the act incorporating Edgewood .. 146 2M 215 To amend the cl1arter for the town of Hamilton 146 202
251 To amend the chat-ter of Lyons in Tattnall .. 146 203 23S To amend the charter of Hawkinsville ..... 158 202 252 To grant unto the mayor anll al<lNmen of Sa-
Yannnh authority to erect public buildings .158 204 252
3Js

MUNICIPAL LA.W8-0ontinued.
To authorize the mayor and council of Roswell to issue bonds not to exceed 11111,000 to improve streets .. , ..... , .. , .158 201 2-!1
To amend the charter of the town of Cait'O.. 158 202 249 To amend the chll.rter of the city of Greenslloro 158 20-J:
254 To amend the charter of the city of Griffin, so
as to create a board of commissioners of light and water ...............................159 204 251 To incorporate the town of :Nunea in, E:manuel county .....................183 203 2-l!J To amend the charter of the town of Partott.183 204 2M To incorporate the town of Plainville in Gordon county ...................................18-l 203 2a0 To a.uthol'ize the city council of Augusta to la;v out and maintain boulevards in Augusta.18-1- 203 21G To amend an. act incorporating Bronwood.. . 18-l 20! To amend the charter of the town of Decatur, so as to authorize the mayor and council to
pave sidewalks ..........................1M 202 240 To amend section 10 of the charter of Chipley 180 210
2-J:G To amend the charter of Ball Ground in Chero-
kee county ...............................185 2M 251 To amend the charter of Metcalf In Tbomas
county ...................................185 203 248 To authorize the n1ayor and council of Decatur
to issue bonds to construct waterworks and sewerage .................................180 204 2a!" To ltlDend t1te act incorporating the town of Jeffersonville in Twiggs county ............. 186 334 346 To iDeOl'lJorate the town of Boykin in Miller CODllty .................... .,, .............192 208 2it To lncot'lJorate tlte town of Armena in Lee county ...................................lOB 234 24T To amend section 2 of an act amending the charter of the town of :Montezuma ....1M 234 258 To amend the charter of Decatur so as to authorize the mayor and council to construct a system of wnter-worl~:s ...........................194 238 248 To incorporate the town of Baconton in, :Mitchell COUllty ..200 210 248

INDEX.

611

viUNICIPAL LAWS- Continued.
To incorporate the town of Barney, in Brooks county ............................... 200 234 254
To incorporate the town of Beloit ........ 231 202 285 To amend the acts inorporatin,g Buford .... 231 202 284 '.fo incorpomte the town of Spread......... 232 448 483 To amend the charter of the city of Augusta.305 344 360 To amend an act incorporating the town of
!\Ieigs ............................... _. .....306 333 498 To :wthotize the mayor and council of Madison
to issue bonds to establish water-works ... 306 345 362 'l'o establish a new charter for the town of Byron 324
377 389 To incorporate the town of Oakwood In Hall
county ................................... 325 345 362 To incorporate the town of Kingwood in Colquitt
county ...................................326 345 304 To amend tlJC charter of the Savannah Trust
Company ............................... 326 365 372 To establish a new charter for LaFayette ... 3'14 359 371 To incotllotate the town of Sand Hill in Carroll
county ...................................386 427 452 To amend the act incorporating the town of
J{ite ..................................... 387 427 484 To ineotporate the town of Bostwick ........387 426 453 To amend the chartet of \Varrenton .........387 427 452 To amend the charter of Augusta, providing for
pensioning of retired members of the police and fire departments ...................... 389 427 449 To incorporate the town of Metter, in Bulloch county .................................. .404 426 453 To amend the charter of the city of Macon .. 405 426 453 To incotllotate the town of Centralhatchee. .424 448 482 To create a new charter for Davisboro ..... .425 448 484 To amend the charter of Acwol'th .......... .425 440 516 To amend the act incorporating the town of High Shoals .. .. . .. .. .. . .. .. . . .. .. .. . .. .. .. .. 425 483 To amend the charter of Augusta relative to primary elections ....................... .432 481 49S To authorize the town of Fort Valley to issue bonds to the amount of $10,000............ 432 461 554 To establish a new charter for Higgstown. .432 481 498 To amend the act incorporating Htgn Shol!-lS.,.. '!33

612

INDEX.

MUNICIPAL LAWS-Oontinued.
To amend the c)mrter of :uacon so as to include ViueYille ................................ .433 482 40G
To amend the act incorporating Boston..... .473 512 566 To anwml the chatter of Btunswick ....... .474 512 i>ft! To amend the charter of Blal;:ely .......... 475 512 f>(iO To amen,d the act authorizing the town council
of Cusseta to create a deht ............... .47ii 511 u(i8 To amend the charter of Norwood ......... .476 511 556 To amend the charter of East Rome, so as to
authorize the collection of tn.xes ......... .476 u16 1\'51 To amend the act amending the charter of :\fays
Yille .................................... .477 512 5(H To incorporate the town of :\Iystic ........ .477 !;13 562 To create a new charter for the town of Pal-
metto ................................... .47!) 513 540 To amend the act provhling fot a. new charter
for Tennille ............................. .479 51-! 503 To amend the act tnoyiding a charter for Dub-
lin .......................................... 480 51::. To incorporate the town of Isabella ........ .48fl 512 u60
MILITARY LAWS-
To amend section 6 of an act to organize the mili tary forces in this State .................. .47~ 495 548
RAILROAD CO:\DHSSIOX-
To enlarge the power of the railroad commis sion ....................................... GS 760 303
To elect the railroad commission of Geor~ia b~ the people ................................1SS 263 321
SiCHOOLS-
To provide for the teaching of the elementa,.y principles of agriculture and civil govern.ment in the common schools ............... 133 208 234 307
To repeal an act to establish a system of public schools for Sylvania school district....... 145 201 249
To incorporate the 1\It. Zion school district .. 147 '209 552 To incorporate the Elizabeth school. district in
Cobb county ............................. 185 202 508

DIDEX.

613

~"o incorpomte the Whitesbn,g scbool district tn Carroll eounty .................... 193 210
To incorporate the Bronwood school district iA Terrell connty ... ; ..................... ; .19.."1 209 444
To amend the act to incm11orate the Upson district .....................................193 209 50~
To incOl'POl'ate the Sasser school district in Terrell county ..........................191 200 880 443
To incorporate the Parrott school district in Terrell connty . .. .. .. .. . . . .. ........198 209 444
To iucorpo1-ate tlle Leonard school district203 293 609 To establisll a Bystem of public schools fn the
town of Wadley .......................... 230 293 309 To incol'Pomte Olhe Bchool dimict.. 231 ?03 50& To incorporate the Amity school district.... 232 293 487 To incorporate the Ben Hill school district.. 304 418 To ('Stnblish a school district at Fillgard iA
'\Vorth county ........................... 308 418 517 To create a local public school system in Bow-
man and viclnity......................... 3!fi 419 448 To create a school district .at Doles, Worth
county ...................................alii 418 556 To incorporate the l\Iilner ~chool distr!l't ....!l26 419 507 To create a State school-book COlllmf.ssion.. B!m 410 419 To incorporate the Concord school district in
Pike county ............................. 387 &18 507 To amend the act establishing a sr~<tt>m of public
schools in Lawrenceville ................. 388 409 449 To inCOI'Pornte the Oak Grove school district.3S8 448 572 To incorporate the lmyma school district in
Cobb county ............................. 389 448 509 To incorporate the Franklin school district in
Heard county ............................ 424 437 501 To create the Camilla school district and esta.bUsh public schools.........................425 437 409 To establish a system of public schools for
Hazelhurst ...............................131 512 mm
To incorpm-ate tile Snow school district in Dooly county ............................474 In! 540
To amend the act establislling a system of public scllools in LnGrange. ,..... .. , . 4i8 r.12 565

614

INDEX.

SCHOOLs- Continued.
To incorporate the Pineview school disttlct in Wilcox: county .......................... 480 514 56;)
To incorporate the Pleau.nt Valley lK'llool distl'iet in Dooly county ....................480 514 539
'l'o incorpot-ate the Oakland liiChool district in Dooly county ........................... .48G 511 li39
To establish a public school system in Arlington 480 513 565
To establish the Cannon school district..486 511 564 To incorporate the Dooling school district in
Dooly county .............487 511 540 To incorp01-ate the Mt. Vernon school district in
Dooly eounty ............................. 488 511 539 ~ro incorporate the Waresboro school district in
Ware county . . . . . . . . . . . . . . . . . .. . . . .. . . 4S9 513 568

!NbEX.

615

'HOUSE RESOLUTIONS.

luYitiug Ron. J. F. Hanson to address the .Gen-

eral Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

For the relief of E. A. Buck ................. 59 100124

To pay pension of J. E. Butler ............... 59 100 12fi

For the appropriation of $9,360 for the l'itYIIIt'nt

of indigent widows ........................ 92 205 2Hi

Requesting the GoYernor to return to the House

Bill Xo. 15, and the House was requested tore-

turn said bill to Senate........... . . . . . . . . . . . 128

Resolution inYitlng- Chancellor Hill, of the "C'ni-

Yersity of Georgia, to address the General As-

semlJ!y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

To proYide for an appropriation to meet the

deficiency in the insurance fund for 1901 .. 139 205 238

To require the Joint Committee on Finance io

investigate the offices of secretary of State,

State school commissioner and commissione1 of

agriculture ........................... 205 23G 558 576

To appropriate the sum of $180 pension money

to :\Irs. l\Iary l<J. Flint .................... 2:13 2R3 283

Appointing a commission to be knowu ('_,; 11:c>

Commission on the Registration of Land Titles 2~2

For the relief of S. S. Duds from taxes for tlv'

years 1898 and 1899 . . . . . . . . . . . . ....... 326 370 4G-1

To appropriate $50,000 for a display at the St.

Louis exposition ......................... 337 361 402

RelatiYe to the registration of lanrl tiiie;......

34;;

Accepting the pmirait of ex-GoYerno: .J:me~ 1'1.

Boynton . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... .. . . . 35S

Requesting the GoYernor to return House Bill Xo.

4=>5 to the House............. . . . . . . . . . . . .... 37;'; :J73

Authorizing the commissioner of aP,-riculturc to

han1 the walls of his office repaired.......... :l'lfl

Authorizing the Air Line Railroad to cross under
the w. & A. R. R. in Cobb county ....... .41,;; 434 i'i02

To pay R. E. Block certain compensation .. 405 4:H 501

To proYide for refunding $50 to the Bani, 'lf

Barnesyil!e ............................. .4':!4 434 ;j\)U

For the relief of '\Y. F. Shurley anrl his bon .. ,..

meu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 4G1 4Uti

i16

INDEX.

lOUSE RESOLUTIONt:;--Gontinued.

Extending the time for the joint commttlee on

4

lobbying to report . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3R

To 11ny expenses of investigating comrr.ltt~a 480 41}4 MS

To autl!orize correction in House Bill NJ. tlOl.. 4~G

To make correction in House Bill No. 5:.! l. . . . . . 480

ll:ndorsiug tl!e Brownlow good roads bill now

pending in, Congress ...................... .4b! 516 545

Directing tile clerk of tile House nnd se,retary

of the Sennte to mail to each member th~

status of unfinished business. . . . . . . . . . . . . . . . fill)

Autllorizing the otfic<.>rs oi the Senate and the

House to remain at the capitol fi1e days after

the session and that they recei\e the'r per

diem....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51!l

Pro1iding that all hills and resoh,tions not aclt)t1

on at this session shall go oYer as unfinisl!etl

business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i'il9

Directing the auditing committee to audit the

accounts of pages and assistant doorkeepers.. 51f.\