Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, June 22, 1904

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
REGULAR -SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta,~Wedne.sday, June 22, 1904.
ATLANTA, GA.
GEO. W. HARRISON, STATE PRINTER
THE FRANKLIN PRINTING AND PUBLISHING Cc
I9Q4

JOURNAL.

Senate Chamber, Atlanta, Georgia, Wednesday, June 22, 1904.

The Senate met in aooordance with law, and was ealled to order by th'e President, Hon. Clark HO'Well.

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, Davis, Duncan, of 10th, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins, Hudson,

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

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

The following is the certificate of the election of Hon. 0. N. Starr as Senator from the 43d District to succeed Hon. W. P. Dodd, resigned:

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Office of the Secretary of State,
Atlanta, Ga., June 14, 1904.
His Excellency the Governor:
Sir: I h!ave th~ honor to repo.rt to you, for Commission, as per the election return received and on file in thiao office, the following named ;persons, to wit:
County, Gordon; Senator 43d Senatorial District, 0. N. Starr, to fill unexpired term of W. P. Dodd, resigned~
Election held 111ftl day of June, 1904.
Respectfully, PHILIP OOOK, Secretary of State.

To the Senate:

June 22, 1904.

I have the 'honor to transmit to your body the certificateof eledtion of Honorable 0. N. Starr, 'as Senator for the 43d District, to fill a vacancy caused by the resignation of IDm. W. P. Dodd.
J. M. TERRELL, Governor.

The oath of office was administered by Judge J no. S~ Candler, Associate Justice of Supreme Court. Electioll! held June 11, 1904.

Senator Starr was added to the same committees as Senator Dodd was on.
The following resolutions were 'adopted:
By Mr. DavisA resolution directing the Secretary to notify the House
that the Senate has reconvened and is ready for business.

WEDNESDAY, JUNl; 22, 1904.

5

:By Mr. Oomas-

A resolution appointing a committee of two from the Senate and three from rthe House to notify the Governor that the General Assemlbly is ready for business.

Committee on part of Senate are Senators Hightower :and Ledford.
The following message was received from the Ho~se o Representatives through Mr. Boifeuillet, the Clerk there-of:

Mr. President:
I am instructed by the House o Representatives to infrom this branch of tlhe General Assembly that the Houae bas reconvened according to law, and is now ready to procood to the regular business of the session.

By unanimous consent the :following committee was ap:pointed to decide who should be allowed on the inside of -the brass :railing in the rear of the Senate Chamber. Com"Inittee is composed o Senartors Hopkins, Harrell and Davis.
Senator Smith was granted leave of aibsence until next :Monday.
Senator Crumbley Wlas granted indefinite leave of ab:aence on aooount of sickness.

The committee appointed to notify 1:1he Governor that the General Assembly was ready for business reports that the Governor would communicate to the Senate in writing.

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June 22, 1904.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Hitch, to wit:

Mr. President:
I am directed by His Excellency the Governor to deliver to the Senate -a communication in writing.

The fo~lowing bill was read first time:

By Mr. Davis, by requestA. bill to amend tihe charter of the City of Columbus.

Referred to the Committee on Corporation.

The following resolution was read and adopted:

By Mr. HJudson-
A. resolution convening the Senate at 11 o'clock a. m.,. until Changed hereafter.

The following is the Governor's message in full:

WEDNESDAY,~JUNE 22, 1904.

7

MESSAGE.
STATE OF GEORGIA, EXECUTIVE OFFICE, ATLANTA, GA., June, 22, 1904.
To the General Assembly:_ You meet at the very flood-tide of the State's, prosper-
ity ; when her population is the greatest ; when the tax digest shows the largest voluntary returns ever made in her history; when the people are hopeful and rejoicing in the peace and plenty of the most prosperous year since 1860. Commerce and manufactures have maintained their growth; timber and lumber have brought great gains to those engaged in that industry and added values to the pine lands of the State ; but above all this, the labor and patience of the farmer have at last brought him to a time of fair harvests and prices so satisfactory as in effect to have made two crops in one year. However, these facts should not lead to increased expenditures, nor to a change in the rate of taxation. Tax and Appropriation Acts '3uhstantially like those of the past two yt:a.:., will be amply sufficient for the support of the governruent and State Institutions.
PRIMARY ELECTIONS.
I can your attention to and invite your consideration of
the growing sentiment in our State in favor of placing around our primary elections every safeguard necessary to make them absolutely fair in every particular. These elec-

JOURNAL OF.THE SENAT&
tions are now practically the equivalent of general elections in Georgia, and no voter should be allowed to vote therein unless constitutionally and in pursuanCP. of law eligible to do so,. and every vote deposited should be sacredly guarded, and with scrupulous honesty counted.. I recommend, therefore, that you pass an Act making all election and registration laws extend to primary elections-municipal, county, State and Federal-so far as the same may be appliCOlllble, and provide for the infliction of appropriate penalties upon any person violating any of said laws in registering for or voting at such primary election. Appropriate legislation should also be enacted providing for contests before proper executive committees of the party, and giving authority to said committees, or under their direction, to subpoemt, witnesses, administer oaths, and do such other acts as may be necessary under the rules and regulations of the party, to ascertain or declare the person or persons entitled to receive the nomination of the party, and to provide for appeals. The pay of managers holding the elections, and the clerks serving thereat, should, in the case of primaries, as in general elections, be borne by the counties or State, and the use of money, by a candidate for office, to influence voters to support him, should render him ineligible to hold office. Public office is a public trust, and the man who seeks to purchase it demonstrates his unworthiness to fill it. The price of an office should be measured by the worthiness of the man to fill it, and not by the money which he has, and his willingness to purchase it. Any other rule must inevitably lead to the result that only the rich may aspire to office.

WE:ONESDAY, _JUNE 22, 1904.

9

IMMIGRATION COMMISSION.
The scarcity of labor during the growing and harvesting season has become a serious problem to the farmers of Georgia, and similar conditions throughout the Southern States have checked the production of cotton. The world's -demand for this most used of all clothing materials has in-creased faster than the _supply. European countries are -making systematic and peraistent efforts to devel'op new -cotton fields in other lands, and although at present these .are not profitable, they may become sources of supply, and -compete with us in the production of the staple, as Egypt and India have already done. It behooves us, therefore, to meet the world's demand for cotton. We have laQ.d -enough, and the only obstacl~ in our way is the lack of labor to make the crop. There is in this State a vast extent of virgin soil, cleared by sawmills, which is as folly productive as that under cultivation, and would be quickly 'brought under the plow, iC there were sufficient labor to cultivate it.
' Beyond question it is wise to encourage the immigration 1;o our State of thrifty American people. This has been the policy of W estero States, and thei.r growth. in wealth, pro-ductive power, and all that makes a commonwealth great, bas excited the wonder and admiration of the world. Immigrati_?n may be best encouraged through a State Commission, and I recommend that one be established. Some of our public-spirited citizens, composing the Greater Georgia Association, have begun this work at their own expense, and with funds raised in thirty towns and cities,

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not directly interested in farming, they have advertised the-

resources of the State, and made them known to millions

of people. Several thousand persons have manifested inter-

est in Georgia, and many have already become citizens.

The State should not leave this work to a few, but should,

take it up and make it a department of government. The

great need for immigration legislation is shown also by the-

fact that Georgia has given 412,000 of her people to other

States, and has received in return only 190,000, the net loss

being 222,000. This tremendous drain upon the life's.

blood of a commonwealth should cause serious concern,.

especially when labor is already short in our fields and

factories. An examination of the statements of the various

banks throughout the State, will show the rapid accumula-

tion of money, and that the_ deposits subject to check are-

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\

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much larger than ever before. Georgians have ample-

funds to develop the resources of the State. The great.

need of the hour is more men, rather than more money. The railways of the West are working hard to induce-

our population to leave us. Texas alone ha-s 75,000 Geor-

gians. If we do not set counter influences to work, the drain,

will incre~se, and the IaLor problem will become far more-

serious than it is at present. It is a well-known fact, that

the agricultural population of the Northern States are-

very much dissatisfied with their present homes, on account
of the extreme cold winters, and many of the~ are turn-

ing their faces to the inviting fields and genial climate of

the Southern States. Several of these States have already

inaugurated immigration work, and unless Georgia makes

an organized effort, she will be unable to secure her share

WEDNESDAY, JUNE 22, 1904.

ll

of these people, who, as a rule, make useful and desirable citizens. A Commission composed of one from each Congressional District, and required to meet quarterly or semiannually, would probably bring about the most satisfactory results, and at the same time he the least expensive plan. Only a small appropriation to cover the expenses of these meetings, and to pay for clerical hire and advertising the resources of the State, would be needed.

NEW COUNTIES.

The inflexible rule of the Constitution which forbids the creation of any new county, has brought about in some sections unexpected and unintentional hardships. Cour~ ties that in 1877 were geographically large, but sparsely settled, have greatly increased in wealth and population, but the line of growth has left the body of the inhabitants remote from the county site, to the manifest inconvenience and detriment of those who under conditions as they existed in 1877, undoubtedly would have been granted relief by the creation of a new county. The matter is one calling for an appropriate amendment to the Constitution providing for the creation of new counties up to a fixed limit, Qr by such other legislation as will meet a condition of serious and permanent hardship to many good citizens who are entitled to relief.

EXEMPTION OF COLLEGE ENDOWMENTS.

In my message of November 8, 1902, your attention was earnestly called to the propriety of exempting college endowments from taxation, where the fund is not so in-

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vested as to uome into actual competition with the business and commercial interests of other citizens. Further reflection and observation have. but confirmed me in the wisdom and justice of that recommendation. Without 'repeating what was then said, I wish to emphasize the fact that not only does the present plan force our colleges into unequal competition with other institutions largely endowed and splendidly equipped, but it actually deters donors from making gifts which might otherwise be contributed to the colleges, but for the natural unwillingness to have money thus whollyset apart to the cause of education, charged with the burden. of making other and annual contributions in the way of taxation towards the support of other public institutions.. These gifts to colleges are unselfishly made, with no purpose other than that of assisting in the great work of education, and they should be put on a basis of . those other public charities and religious funds, which, if not absolutely exempt, are capable of being exempted by the General Assembly.

EQUALIZATION OF TAXES.
There will be presented for your consideration no question of more moment to the State than the equalization of tax returns. I wish to present again to your attention the foll~wing, from my message of June 24, 1903:
"The need of tax equalization grows with our increase in wealth and popnlat.ion. Our law for theo return, valuation, assessment, arbitration and collection of taxes is substantially what it was when the Act of 1804 was passed, and when our population was 200,000, and the

WEDNESDAY, JUNE 22, 1904.

13

taxable values of the entire State were less than those in a single county of to-day. A.t that time the principal subjects of taxation were slaves and farming lands, and most of this property was on the eastern border of the State, where the soil and crops were nearly identical, and uninfluenced by_ proximity to manufacturing enterprises or great cities. A.ll this has been changed: The population has increased 1,200 per cent., and we now have the varied crops of North, Middle, South and West Georgia, with 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 land is influenced by nearness to market and proximity to railroads. Besides, new forms of value have ar1sen. .Factories, foundries, railroads, saw mills, mines, bonds and an indefinite variety of personal property have come into existence, yet there is no adequate method of determining whet is in the State subject to taxation, nor any fixed standard for determining its value. It is well known that land of practically the same productive capacity, and with almost identically the same improvement, is frequently returned by one owner at full price, and by the other at less than one-half. The fairer the tax-payer the more onerous the burden. The State, in effect, offers a premium 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, asit 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 tha'

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JouRNAL OF THE SENATE.

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 neighboring citizens, 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 another 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. Tnese discrepancies or 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."
In this connection I desire to call your special attention
to th~reports of the Comptroller-General and the Attor-
ney-General. These experienced and conscientious officers make some valuable suggestions and recommendations upon the inequality of taxation, which should receive your -careful consideration.

WEDNESDAY, JUNE 22, 1904.

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AGRICULTURAL SCHOOLS AND F ARME.RS' INSTITUTES.
I wish to urge again upon your favorable consideration the question of agricultural schools, as presented in my meBBage of November 8,1902. I feel sure that a thorough investigation of the question will convince you that such schools will supply, in a very large degree, the gap which now exists between our common schools and the State U niversity, the School of Technology, and other colleges throughout the State. It would be much better to have a high school with an agricultural feature connected with it in every county in the State, than to have only one of such schools in each CongreBBional District, but the lack of funds may make it necessary for us to begin the system with one school in each District.
In line with these schools is the work of Farmers' Institutes. The Trustees of the State University, recognizing the value of such work, arranged last year for a systematic course of Farmers' Institutes throughout the State, under the direction or Hon. C. H. Jordan. The Institutes held under this plan have demonstrated their value to the agricultural interests ot the State, and in order that this work may be enlarged and carried on in a more general way, I suggest the propriety of making a special appropriation to the Trustees of the University, to be paid out of the fund ar~ing from the fees for the inspection of fertilizers.
PENAL SYSTEM.
With pardonable pride I think the State may look upon the continued improvement in her convict system. An

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examination of the systems of other States, where condi tiona are similar to those in Georgia, will show that we are far in the lead. The disposition of convicts by the State is ever a delicate question, and one that is always with us. The object of the law in inflicting punishment upon the law-breaker, is to deter him from a repetition of his sin, and by his example deter others, and no less important is the idea of working in him rtformation. No system is therefore perfect that does not have prominent in it the aim and purpose of reformabon of the criminal. In this respect, in my opinion, Georgia may greatly improve her convict system, by making suitable provision looking to the separation of her juvenile convicts from contact and association with her hardened criminals. Aside from the moral question involved, experience demonstrates that it is much less expensive to the State to reform the boy than to care for the hardened criminal. I recommend legislation looking to the creation of juvenile courts in the principal cities of the Stat!e, and establishing reformatories fOT violators of the law by persons under the age of sixteen years. These delinquent children may be confined at out-door labor, or taught useful trades and subjected to manual work, and with proper and wholesome moral influences surrounding them, reclaimed a;d made good citizens.

NEW CONVICT LAW.

The Act passed, at your last session, disposing of the con victs for a period of five years, commencing Aprill, 1904, has been carried into effect, and the provision relative to working the short term convicts upon the public roads

WEDNESDAY, JUNE 22, 1904.

17

seems to be operating very satisfactorily in those counties which met the requirements of the Act for the working of such convicts. There is a provision, however, in section 4 of the Act, to which I desire to call your special attention, and suggest the propriety of an amendment thereto. Under section 4 it is prescribed that the net hire of the convicts shall be transmitted quarterly by the Treasurer of the State to the Treasurer of those counties which have not received their proportion of felony convicts for work upon the public roads, without regard to whether that hire shall be appropriated for common schools, or for the public roads. In the event the money a.rising from the hire of convicts is applied to the public roads in a county, it would be proper for the State Treasurer to remit to the County Treasurer; but where the hire is allowed to go to the common schools, as has been the rule in the past, it seems to me to be entirely unnecessary for it to pass through the hands of the County Treasurer, thereby subjecting it to the commissions fixed by law for that officer, when it could be paid out of the State Treasury directly to the County School Commissioner, without any cost whatever. Such an amendment would save to the'school fund of the counties interested several thousand dollars annually iu the way of commissions.

STATE EXHIBIT.

In accordance with the provisions of the Dunbar re"solution appropriating $30,000 for the collection of an exhibit of the resources of the State, .approved August 17, 1904, the Governor and Commissioner of Agriculture

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with the assistanca of the Geologist and Assistant Geologists, the Assistant Commissioner of Agriculture and the State Chemist, have collected and arranged for permanent preservation specimens of minerals, granites, clays, kaolin, marble, iron and other precious stones found in the State, and also specimens of products of the fields, forests, orchards and vineyards of t~e State, and of such other matters as ser1;e to demonstrate the character and productiveness of the soil of Georgia and best illustrate and develop the agricultural, horticultural and geological departmentsof the State. In the work of making this collection the Governor and Commissioner of"Agriculture soon realized that it would be necessary to secure the services of persons specially equipped for the work, and in order to fully carry out the provisions of the resolution, Hon. Dudley M. Hughes was appointed Commissioner and Hon. Glascock Barrett, Assistant Commissioner.
After the collection of this exhibit it was forwarded to the Louisiana Purchase Exposition at St. Louis, Mo., as provided by section 3 of the resolution, satisfactory arrangetnent having been first made for its safe carriage to and from that point without any expense whatever to the State, except such as was deemed necessary for the protection and preservation of the exhibit. The freight on the exhibit from Atlanta to St. Louis was about $1,500, which was met by private subscriptions, the larger amount viz., $1,000, having been paid by the Greater Georgia Association. The exhibit is being duly installed at St. Louis, by Mr. Barrett and Prof. W. S. Yeates, State Geologist, and when completed, will be one of the best ex-

WEDNESDAY, JuNE 22, 1904.

19'

hibits of the resources of Georgia that has ever been presented to the public. Upon the close of the Exposition this exhibit will be properly installed in the State Capitol,. and will become a splendid means of advertising our resources. It will be necessary, however, on account of theperishable nature of the horticultural display and most of the agricultural products to- have them renewed annually,. which may be done at a sma1l outlay.
We have spent on the exhibit to date about $20,000,. and we hope to have several thou~Sand dollars left from the original appropriation of $30,000, which may be used for the purpose of supplementing the exhibit upon its return to the Capito]. A report just received from Ron. D. M. Hughes states, that the Georgia exhibit compares favorably with those from other States which appropriated from. one to one hundred and fifty thousand dollars for that: purpose.

GEORGIA BUILDING AT ST. LOUIS.

It soon became apparent, after the work of collectingthe Georgia exhibit began, that it would be necessary to have a Georgia building upon the grounds at St. Louis, in. order that our State might have an equal opportunity with the other States in presenting the resources and varied1 interests to the many peoplE' visiting that Exposition~ None of the money, however, appropriated by the General
Assembly could be used for the purpose of erecting such a building and furnishing same. We then appointed Ron~ Hugh V. Washington as a special Commissioner for thepurpose of laying the necessity for such a building before

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the people, and after several months' work, in which he had the assistance of Mesers. Hughes and Barrett, he succeeded in securing from various cities, towns and counties, as well_ as individuals throughout the State, subscriptions in cash and furniture to the amount of about $16,000, all of which have been paid except about $1,500, which we feel sure will be paid during the next few weeks. The building is modeled after " Sutherland," the beautiful home of the lam~nted General John B. Gordon. The contract price of the building is $14,100, and has been constructed almost entirely of Georgia material. We estimate that the remeining $1,900 will cover the necessary furniture and the expense of maintaining the building during the Exposition.
I had hoped to be able to present to the General Assembly in this message an itemized statement of all subscriptions to this building, and of all expenditures in connection with its erection and furnishing, in order that the people who so liberally subscribed might be fully informed as to the disposition of the money paid over to the Commissioners. But the delay in the completion of the building, as well as in the collection of a number of the subscriptions, renders it impractic11ble for such a statemen~ to be furnished at this time.
The building has just been completed and turned over to our Commissioners,and same was opened to the!public on the 21st instant. The Governor and the Commissioner of Agriculture feel that special thanks are dueHon. Hugh V. Washington for his splendid work in beh~lf of the Georgia building, as he gave freely of his time and worked faithfully,

WEDNESDAY, JUNE 22, 1901.

21

without compensation, in securing subscriptions which made the building a possibility. We also feel very much indebted to Roo. H. H. Tift, Commissioner of Lumber, and Roo. F. B. Gordon, Textile Commissioner, for their untiring efforts and valuable assistance in securing subscriptions.

CONFEDERATE MEMORIAL BOARD.

As authorized by an Act of the General Assembly, entitled " An Act to create the Confederate Meml)rial Board of Georgia," approved August 15, 1903, I appointed the following named gentlemen as members thereof, to wit: Capt. R. A. Nisbet, of the county of Bibb ; Major J. G. Morris, of the county of Cobb; Col. John 0. Waddell, of the county of Polk; Capt. W. D. Ellis, of the county of Fulton, and Col. W. S. Shepherd, of the county of Muscogee. This board has furnished a most excellent report, whioa you will have before you, and to which I invite your careful consideration. Much valuable and interesting information is furnished concerning nineteen Confederate cemeteries located in different sections of the State. Quite a number of these cemeteries are in poor condition, and badly in need ot attention. The Board recommends "that some fit and proper person be appointed by the Governor,
to visit each cemetery in the State, to make tabulated statements of their condition, and the exact cost of putting those in a state of decay or neglect, if a~y, in good condition,'' and the board is of the opinion that the sum of $5,000 will be sufficient to put all Confederate cemeteries in the State in excellent condition. This Board is to be

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-congratulated for its economy, as they have only expended $75.72 for the actual expenses of its memb(>rs, out of the appropriation of $250.00 made for that purpose.

PUBLIC INSTITUTIONS.

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 Board of Directors and the Board of Lady Visitors to the Georgia Normal and Industrial College; the reports of the State Normal School, the Acade~y for the Blind, School for the Deaf, and the reports of the Boards of Visitors to the two last named institutions. A.ll these reports contain many valuable suggestions and recommendations, and will amply repay (!2lreful perusal. I bespeak for them your most earnest
~onsideration.

STATE SANITARIUM.

I specially invite your attention to the report of the Board of Trustees of the State Sanitarium. I have recently visited this Institut!on, in company with several members of the Board of Trustees, and found it in excellent condition. The inmates are well treated and cared for; the buildings are in good condition, and the rooms and floors are kept remarkably neat and clean.
From the report of the Trustees it will be seen that the daily average of patients under treatment, for the past eight months, was 2,770, and the daily average cost of each patient was only a fra(ltion over thirty cents, which is less than any similar institution of the same class in the U:nited

WEDNESDAY, JUNE 22, 1904.

23

States. The ratio of insane in Georgia is low compared to other States, the percentage being 1 to 1,012 of population. Iu 13 States the ratio is less, and in 32 i~ is greater than that of this State. This institution is Georgia's greatest charity, and the State is to be congratulated upon the able and efficient administration of its affairs. The farm that is now being run in connection with the Sanitarium is doing a good work, and furnishes recreation and light employment to many of the convalescent patients. From this farm the patients are supplied with all kinds of fresh vegetables and fruits.
The Trustees recently inaugurated a new and most excellent system of duplicate vouchers, and also modernized and greatly improved the system of bookkeeping, so that in the future the financial affairs of the institution cau be m-ne easily investigated and understood. There is at present some confusion in the laws relative to the management of the Sanitarium and the rtlception of patients ; and I recommend that a committee be appointed to confer with the Superintendent of the Sanitarium and the President of the Board of Trustees, with the view of revising the laws relating to the institution.

OFFICIAL REPORTS.

You will also have before you the reports of the Comp troller-General, State Treasurer, State School .Commissioner, Attorney-General, Adjutant-General, Com.missioner of Agriculture, Secretary of State, Railroad Commission, Prison Commission, Pension Commissioner, Compiler of Records, Roster Commission, State Librarian, Keeper of

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Public Buildings, and such other departments as are re quired by law to submit annual reports. They contain many valuable .suggestions and recommendations, which I am sore will receive your careful consideration, as they bear unmistakable evidence of the efficiency and fidelity of these public servants:

OLD RECORDS.

During the first year of my administration I found in the Archives of the Executive Depart.ment twenty-four
old Volumes of Executive Minutes, covering a period of fifty years, from 1793 to 1843. These old volume!, for some reason, had never been indexed, and were in a bad state of preservation. These records cover a very interesting and important era of the State's history, and in order that they might be preserved and handed down to future generations, I have had them all neatly and substantially rebound by the State Printer, and am now having them properly indexed.

REWARDS.

The annual appropriation of $2,000 made by the ~gi~ lature for the apprehension of fugitive criminals is wholly inadequate, as the appropriation for this year has already been exhausted, with the exception of $100, and there are now unpaid claims on hand of more than enough to take up this bala,nce. All rewards are paid from the fund derived from the hire of convicts, and as no reward is paid until after the criminal has been convicted, the State gets the benefit of the hire and loses nothing in the transaction.

WEDXESDAY, JUNE 22, 190-l.

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I therefore recommend that the Governor be authorized to !'
draw on the Prison Fund for a sufficient amount to pay
rewards offered for the apprehension of criminals.

STATE'S FINANCES.
The State Treasurer has paid to the common school teachers out of the money appropriated by the Legislature, for the year 1904, the sum of $688,806.50 as against $653,684.48 for the same period of 1903. All pensions and other obligations have been promptly met, and a sum exceeding $35,000 more than that of last year has been paid to the teachers.
Last year it was necessary, in order t.o meet the expenses of the General Assembly, to. boi:'row $65,000, but if the Treasury receipts for the next fifty days come up to our expectations, I do not think it will be necessary to borrow any amount during the present session. However, in the event the receipts are not sufficient to meet the expenditures, I have arranged, with the assistance of the State 'freasurer, to borrow whatever amount may be required at the rate of 2 per cent. per annum, from the following banks : Southern Bank of Savannah ; Fourth National Bank of Atlanta, the Neal Loan and Banking Company of Atlanta, and the Exchange Bank of Macon. 'fhis is a remarkably low rate of interest, and the banks of the State are to be congratulated upon their ability to make loans at such a rate.
J. l\l. TERRELL, Governor.

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APPENDIX A.

In accordance with the requirements of section 5815 of the Code, I herewith submit report of all reprieves. commutations of sentence, and pardons granted to December 31, 1903.
PARDONS GRANTED BY THE GOVERNOR.
T. J. GRANADE.-Voluntary Manslaughter. Superior CourfofFulton'county, Spring term, 1902; five years in the penitentiary. Defendant claimed to have acted in self defense, and newly discovered evidence greatly strengthens this theory, and shows that an assault was actually made on the defendant. Granted June 3, 1903.
HARRY HARRrs.-MisdemeA.nor. City Court of Rome, March term, 1903; three months on the chaingang. Extreme youth of the defendant, previous good character and two months service. This was his firs.t offense. Granted June 8, 1903.
NATHAN STURGrss. Hog Stealing. Superior Court of Co lumbia county, March term, 1903; six months. Defendant is an old man, unable to work, and his pardon is urged by many good citizens. Granted June 8, 1903.
C. H. CoLSON. -Larceny. City Criminal Court of Atlanta. February term, 1903; eight months on the chaingang. Previous good character; has served four months, and his pardon urged by many good citizens. Granted June 8, 1903.
SAM BRoDNAx.-Murder. Superior Court of Hancock -county, Spring term, 1896; life imprisonment. Defendant only eleven years old when crime was committed, which fact was not proven on the trial, and therefore he did not

WEDNESDAY, JUNE 22, 1904.

27

receive the benefit of the legal presumption in his favor. He has served eight years, and his pardon is urged by many good citizens. Granted June 10, 1903.

MAGGIE MILLs.-Infanticide. Superior Court of Bartow county, Spring term, t897; life imprisonment. Defendant was a very young and half-witted negro girl, and abandoned a bastard child of other parties and left it to die in the woods. On account of the weakness of her mind she does not seem to have been cognizant of the nature of the crime committed. She has served about six years, with good -conduct. Granted June 11, 1903.

PAULINE PERRY.-Larceny. Superior Court of Irwin county, March term, 1903; six months. The Judge who tried her certified that he intended to make the sentence three months instead of six months, and he now asks that the mistake be corrected, and the defendant discharged. -Granted June 16, 1903.

GYP SouTH.-Burglary. Superior Court of Fulton county. :Spring term, 1900; four years. He has served ltll of his term with the exception of two months, and the camp physician certifies that he is in the last stages of consumption. -Granted June 24, 1903.
CHARLEsR. WHITE.-Voluntary Manslaughter. Superior -court of Bibb county; five years. Two reputable physicians -certify that he has an incurable disease of the heart and varicocele, both of a serious nature. He has served with :good conduct, and clemency is urged by many good citi.zens. Granted July 1, 1903.
HENRY JosEs.-Murder. Superior Court of Richmond -county, May term, 1890; life imprisoment. Deceased did not die until about six months after he was stabbed by the defendant, and his death seems to have been caused more from dif:sipation than from the wound. Clemency is urged :by the Judge, Solicitor-General, and many good citizens.

28

JOURNAL OF THE SENATE.

He has served with good conduct thirteen years. Granted July 8, 1903.

WILLIS BENNEFIELn.-Perjury. Superior Court of Burke county, Fall term, 1901 ; four years in the penitentiary. Defendant wa~:~ only technically guilty; and on account of his advanced age and infirmities, his previous good character and excellent conduct since he has been imprisoned, it is thought that his punishment has been sufficient. Granted July 14, 1903.

WILLIAM PowERs.-Burglary. Superior Court of Elbert county, September term, 1898; eight years in the penitentiary. The property stolen was only worth three or four dollars, and he has served nearly six years with good conduct. Granted July 15, 1903.

W. N. KENNEDY.-Shooting at Another. Superior Court of Fulton county, January term, 1903; six months in jail and twelve months in the chaingang. Tudge before whom he was tried expresses doubt as to his guilt. He has served the jail punishment, which the Judf_;e consider:! sufficient. Granted July 21, 1903.

ToM RICHARDSON.-Voluntary Manslaughter. Superior C"Ourt of Glynn county, Spring term, 1892; fifteen years in the penitentiary. Defendant has 8erved all of his term with the exception of about two weeks, during which time his conduct has been good. Granted July 24, 1903.

ALBERT CowEN.-Murder. Superior Court of Elbert county, September, 1893; life imprisonment. Defendant was convicted on circumstantial evidence; during his imprisonment he has lost a leg and one eye, and his pardon is urged by many good citizens. Granted July 24, 1903.
CHARLES PHILLIPs.--Larceny from the Person. Superior Court of Muscogee county, May term, 1903; twelve months

WEDNESDAY, JUNE 22, 1904.

29

in the chaingang and six months in jail. Defendant was a weak-minded boy, only sixteen years of age. He has served the twelve months' sentence and three months of the jail sentence. Granted August 7, 1903.

KING J ONES.-Selling Whiskey and Gaming. Superior

Court of Clayton county, August term, 1902; twelve months

in each case. He has served one term, and the Grand Jury

recommend by special presentment that he be pardoned.

Granted September 8, 1903.



BuRRELL PHILLIPS.-Murder. Superior Court of Miller county, February "term, 1899. Life imprisonment. The Judge and the jury before whom he was tried express doubt as to his guilt, and recommend that be be pardoned. Granted September 12, 1903.

En MuRRAY.-Assault with intent to murder. Superior Court of Wilkinson county, October term, 1902; three years in the penitentiary.. The judge before whom he was tried and the solicitor general both urge clemency stating that there was grave doubt as to his guilt. Granted September 12, 1903.
JoHN CARROLL.-Murder. Superior Court of Fulton county, Fall term, 1895; life imprisonment. Defendant a boy eighteen years of age at the time the crime was committed. Deceased was an immoral woman much his elder who had for months exercised control over him, and whom, in his sober moments he endeavored to shun. His pardon, is urged by the solicitor-general who prosecuted him, the grand jury which indicted him, and the jury which convicted him. Granted September 12,1903.

CHARLEs H. LocKsLEY.-Murder. Superior Court of Richmond comity, October term, 1887. Life imprison. ment. Defendant was a boy about twelve years .:>f age and killed deceased in a sudden heat of passion. The crime might have been reduced to manslaughter, and since de-

30

JOURNAL OF THE SENATE.

fendant has served more than sixteen years, it is thought that his punishment has been sufficient. Granted September 12, 1903.
JAMES R. McUoY.-Misdemeanor. Two cases. Superior Court of Walker county, August term, 1902; twelve months in one case and six months in the other. He has served with good conduct eighteen months, is an old Confederate soldier sixty-two years of age, and unable to do hard manual labor. His conduct has been good. Granted September 12, 1903.

PoMP BRASWELL.-Murder. Superior. Court of Mont..:.

gomery county, October term, 1890; life imprisonment.

He claims that the killing done by him was in self-defence.

He is now sixty years old and has served more than thirteen

years actual time with good conduct. Granted October 9,

1903.

'

JOHN HARRIS. - Carrying concealed weapons. City Criminal Court of Atlanta, May term, 1903; ten months on the chain gang. His character prior to the offense was good and he has served with good conduct. Granted October 9. 1903.

L. A. HEsTER.-Murder. Superior Court of Campbell _ county, February term, 1901; life imprisonment. He
was indicted with f'everal others and the others were convicted largely on his testimony. He has served with good conduct. His pardon is urged by more than six hundred good citizens of Campbell county. Granted October 10, 1903.

Os. PIERCE.-Misdemeanor in two cases. Superior Court of Fannin county, October term, 1902; eight months in one case and six months in the other. On account of the punishment he has already undergone, having served about twelve months on the chain gang, and pa1d a fine of$25.00 to tlie town of Blue Ridge, for an offense growins out of the same transaction, it is thought his punishment has been sufficient. Granted October 10, 1903.

WEDNESDAY, JUNE 22, 1904.

31

MANS. HicKs.-Misdemeanor. City Court of Griffin, January term, 1903; twelve months. Defendant is in a pitiable condition, suffering from blood poison and consumption, and unable to do manual labor, and has already served nine months. Granted October 10, 1903.
D. E. SWAIN.-Simple Larceny. Superior Court of Telfair county, July term, 1901; three years in the penitentiary. It now seems that he was not guilty of the offense charged. Has already served over two years of the sentence with good conduct. Granted October 10, 1903.

WILL E. CHAMBLF;Y.-Bigamy. Superior Court of Carroll county, October term, 1902; two years in the penitentiary. Has ~tlready served one-half of his sentence, and on account of previous good character, the judge and the solicitor who tried him recommend that he be pardoned. Granted October 10, 1903.

WILL BRUCE.-Murder. Superior Court of Fulton county, March term, 1896; life imprisonment. He was convicted for murder in the second degree, and subsequent to his trial, the person who actually committed the homicide was convicted and sentenced to eight years. Defendant has already served more than eight years and his punishment is thought sufficient. Granted October 12, 1903.

CHUB WALL.-Murder. Superior Court of Rabun county

February term, 1901; life imprisonment. Circumstantial

evidence on which he wa8convicted, and newly discovered

evidence creates grave doubt as to his guilt. Clemency

urged by officials and a large number of citizens. Granted

October 13, 1903.



HARRISON RoBERTs.-Misdemeanor. City Court of Buford, April term, 1903; twelve months. Has served seven months. Is now suffering with valvular heart trouble, dropsy, and Bright's disease. Granted November 16, 1903.

STEWART HARRis.-Voluntary manslaughter. Superior

32

JOURNAL OF THE SENATE.

Court of Rockdale county, April term, 1903; four years in the pep.itentiary. Defendant claimed that he was justifiable in the killing, but acting on the advise of counsel, he plead guilty to voluntary manslaughter. Character good prior to conviction. Granted November 27, 1903.

CICERO ANDERSON.-Gaming. City Court of Atlanta, September ter!Jl, 1903; fine of :$50.00 or eight months on chain gang. In view of the fact that he is suffering with consumption, the trial judge and solicitor recommend his pardon. Granted November 27, 1903.

JoE SMITH.-Forgery. Two cases. Superior Court of Fulton county, Spring term, 1896; five years in each ca:,e. He has already served more than seven years and is now suffering with consumption. Granted November 27, 1903.

JAcK HARRis.-Burglary. Superior Court of Forsyth county, February term, 1890; twenty years in the penitentiary. Has already served thirteen years of his sentence and the judge who imposed the sentence recommends his pardon. Granted November 27, 1903.

EuGENE SuTTON AND JESsE THoRNTON.-Robbery. Supe rior Court of Clayton county, February term, 1902; four years. Defendants were very young, and the crime consisted in taking by force, from a younger boy, a bucket containing some food and a cap. They have already served three years with good conduct. Granted November 27, 1903.

' BILL BAKER.-Vagra.ncy. Superior Court of Taliaferro county, August term, 1903; six months. Newly discov ered evidence shows that he was a. negro of good reputation for work and general character, and that he was not a vagrant. Granted December 1, 1903.

WEsLEY SHERMAN.-Murder. Superior Court of Wilkes county, May term, 1893; life imprisooment. He was con-

WEDNESDAY, JUNE 22, 1904.

33

victed on testimony and under circumstances which left grave doubt as to his guilt. The judge, solicitor, and the trial jury reco~mend clemency. He has served ten years with good conduct. Granted December 10, 1903.

CHARLES WEEMs.-Gaming. City Court of Atlanta, September term, 1903; six months. Since his conviction his wife has died, leaving three small children, with no one to care for them. Has already served one-half of his sentence with good conduct. Granted December 11, l903.

J. C. RoBERTs.-Arson. Superior Court of Dooly county, March term, 1899; five years in the penitentiary. He has served all of his sentence except about three days with good conduct. "\\Tas convicted on circumstantial evidence :tnd has always protested his innocence. Granted December 12, 1903.
HENRY LAcY.-Murder. Superior Court of Paulding county, August term, 1882; life imprisonment. He was convicted with two others who have already been pardoned, and having served a term equivalent to the terms of the other two, it is thought that his punishment has been sufficient. Granted December 14, 1903.

DAVE RAY.-Larceny. Superior Court of Telfair county, july term, 1901; three years in the penitentiary. Has served over two years with good conduct. Previous good character. Granted December 14, 1903.

MATT JENKINs.-Illegal sale of whiskey; City Court of Carrollton, December term, 1902; twelve months on the chain-gang. Has served all but a few weeks of her sentence and since her incarceration her husband has died leaving several small children, dependent and destitute. Granted December 14, 19Q3.

ELISHA FALLs. -Voluntary Manslaughter. Superior Court of Fannin county, October term, 1902; two years in
Sa

34

JOURNAL OF THE SENATE.

the penitentiary. The offense was committed in a drunken spree, and under mitigating circumstances. He is now in a bad physical condition. The judge, solicitor and trial jury urge clemency. Granted December 14, 1903.

RoBERT E. LANGLEY.-Robbery. Superior Court of Fulton county, January term, 1901; five years in the penitentiary. He was only se::venteen years of age and was induced to commit the offense by an older person. He has served more than three years, and clemency is urged by a large number of good citizens. Granted December 14, 1903.

PATRICK CoNNORS.-Voluntary Manslaughter. Superior Court of Chatham county, Spring term, 1897. Fifteen years in the penitentiary. The crime was committed under great provocation and defendant was tried three times before he was finally convicted. Defendant has served more than six years with good conduct.. Granted December 14, 1903.

ALviN YouNG.-Vagrancy. City Court of Waycross, July term, 1903. Twelve months on the chaingang. The County Commissioners and County Physician certify that defendant is an imbecile and unable to work. Granted December 14, 1903.

GEoRGE STANTON.-Assault with Intent to Murder. Superior Court of Fulton county, September term, 1897; convicted in two cases and sentenced to five years in one case and thre~ years in the other. Both offen~es grew out of the same transaction, and it is thought that he has been sufficiently punished. Granted December 14, 1903.

JEWETT S. CALLAWAY.-Assault with Intent to Murder. Superior Court of Oglethorpe county, May term, 1901; four years in the penitentiary. He plead guilty to the charge, and hag served nearly three years of his sentence with good conduct. Granted December 15, 1\:!03.
FRANK KEMP.-Murder. Superior Court of Macon

WEDNESDAY, JUNE 22, 1904.

35

-<:ounty, October term, 1898; life imprisonment. He was
jointly indicted with another for murder and it now appeara
that he was not guilty. Granted December 16, 1903.

H. W. BoHANNON.-Car Breaking. Superior Court of Whitfield county, October term, 1897; ten years in the penitentiary. He was convicted with several others. He plead guilty, and it was largely on his evidence that the others were convicted. Has served over six years. Granted De-<:ember 18, 1903.

SANDY THoMAS.-Forgery. Superior Court of Bibb county, -June term, 1903; four years in the penitentiary. The amount received was very small and prompt restitution was made. PreTious good character, and good conduct since -conviction. Granted December 30, 1904.

HENRY LYLE.-Murder. Superior Court of Fulton -<:ounty, October term, 1901; life imprisonment. From the evidence it is doubtful whether defendant killed deceased -or whether she took poison. In view of the mitigating circumstances and the strong appeal~ for clemency, it is thought he should be released. Granted November 6, 1903.

SENTENCES COMMUTED.
JoHN PERRY.-Murder. Superior Court of Whitfield -county, October term, 190.2; sentenced to be executed. Since the trial it is shown that a short time before the homi-<:ide was committed, the deceased knocked defendant down and kicked him out of his show tent. While smarting under the indignities heaped upon him defendant killed -deceased. Sentence commuted to life imprisonment, August 4, 1903.
GEo. F. GILBERT.-Burglary. Superior court of Ware county, April term, 1903; four years in the penitentiary. Defendant was convicted of stealing ten dollars' worth of dothing from a railroad car. The trial jury recommended

36

JoURNAL OF THE SENATE.

that he be punished as for a misdemeanor. The Supreme Court on hearing of the case divided as to whether burglary was proven. Sentence commuted to a fine of $1,000.0(} and cost, September 12, 1903.

R. L. GoLDING.-Hog Stealing. Superior Court of Liberty county, May term, l 902 ; three years in the penitentiary. In view of the conflicting testimony on the trial of the case, and defendant's previous good character, sentence commuted to a fine of $100 and costs, or twelve months in the chaingang, September 12, 1903.

JoHN R. JoNES.-Larceny. City Court of Atlanta, March ~rm, 1903; eight months in the chaingang. Pending the trial of his case he was kept in jail about six months, which was thought sufficient punishment. Sentence commuted t(} six months jail service, September 12, 1903.

CLARA JoHNSON.-Vagrancy. City Court of Macon, August term, 1903; fine of one hundred and twenty-five dollars, or ten months in the chaingang, Prior to her conviction she was married, and her husband desires to pay a fin.e of $75.00 and have her released. Sentence commuted to a. fine of $75.00. September 12, 1903.

JIM KING.-Simple Larceny. Superior Court of Pulaski county, August term, 1903; fine fifty dollars and cost, c;>r twelve months. After the time had elapsed for the payment of the fine, he tendered the amount to the Sheriff. Sentence commuted to payment of the fine of $50 and costs. September 15, 1903.

JoHN SKELTON.-Seduction. Superior Court of Newton county, September term, 1902; five years in the peniten, ttary. Newly discovered evidence shows that defendant was not guilty of seduction, but of a lesser offense. Sentence commuted to one year in the penitentiary, October 10, 1908.
JoE NEAL.-Simple larceny. Superior Court of Baker

WEDNESDAY, JUNE 22, 1904.

37

~ounty, September term, 1903; two years in the penitentiary. All of the trial jurors say that it was their intention to have him puniehed as for a misdemeanor. Sentence ~ommuted to a fine of one hundred dollars, Octob&r 10,
1903.

GRANTLAND HoLLINGSWORTH.-Misdemeanor; two cases. .City Criminal Court of Atlanta, July term, 1902; fine of fifty dollars, or eight months, in each case. Defendant was .only seventeen years old; this was his first offense, and he 'had previously borne a good reputation. Sentences in both <Cases commuted to a fine of fifty dollars or eight months, {)ctober 10, 1903.

OLIVER HENDBRSON, JR.-Bastardy. County Court of Newton, August term, 190a; fine one hundred dollars and costs, or twelve months in the chaingang. His previous character is ehown to have been excellent, while the woman bore a bad reputation. Sentence commuted to a fine of fifty .dollars, October 13, 1903.
Vv. H. FoRDHAM.-Murder. Superior Court of Laurens
-county, July term, 1901; lj.fe imprisonment. He was jointly htdicted with several others, and all seem to have been equally guilty. Defendant was convicted of murder, while the others were convicted of manslaughter, and it is thought that his sentence should be commuted to the same length of service as the others. Sentence commuted to five years in the penitentiary, October 15, 1903.

J. T. SToNE.-Subornation of perjury. Superior Court .of Morgan county, March term, 1903; five years in the penitentiary. His previous character was good, and he was convicted on the testimony of several disreputable negroes1 who were self-confessed perjurers. Sentence commuted to a fine of two hundred and fifty dollars, or twelve months, November 6, 1903.

WESLEY SMITR.-Larceny from the House, in two cases.

/

38

JouRNAL oF THE SENATE.

City Court of Atlanta, September term, 1903; fine of $50 or twelve months in each case. His preyious character was shown to have been good, and the property stolen was of small value. Sentence commuted to $50 in each case, or six ~onths in the chaingang, November 27, 1903.

.WESLEY SIMMONs.-Four Misdemeanor!!. Superior Court. of Bartow county, November term, 1901; twelve months in two cases, and six months in each of the other cases. Defendant served the greater portion of his sentence, and the same was commuted to payment of a fine of $35, No... vember 27, 1903.

ARTHUR JoNEs.-Assault to Murder. Superior Court of Dodge county, August term, 1903; twelve months. He. plead guilty, and was sentenced to pay a fine of $65 or twelve months. At first he was unable to pay the fine, but now desires to do so. Sentence commuted to a fine of $5(} November 27, 1903.
WEsLEY REAVEs~-Assault with intent to Murder. Superior Court of Wilke(county, May term, 1903; two years in the penitentiary. A large nttmber of citizens urge clem' ency on the ground of defendant's previous good character and the weakness of the testimony against him. Sentence commuted to six months, December 14, 1903.

JAMES WHITE.-Murder. Superior Court of Catoosa. county, Fall term, 1903. Sentenced to be executed. 'rhe killing occurred in a mutual combat between the defendant and the deceased, and the Judge who tried him and the Solicitor who prosecuted him say that the jury could, with propriety, have recommended life imprisonment. Sentence commuted to life imprisonment, December 30, 1903.

WEDNESDAY, JUNE 22, 1904.

39

REMOVAL OF DISABILITIES.
W. S. BROWN.-Murder. Superior Court of Talbot county; life imprisonment. He was pardoned some years ago, and has since been a good citizen. Granted July 21, 1903.
CHARLES DRIVER.-Extortion. Superior Court of Glynn county, December term, 1902. His guilt was only technical. He has paid the fine .imposed by the court, and has been a law-abiding citizen. Granted October 9, 1903.
ELIAS CoLLIER.-Larceny from the .bouse. City Court of Atlanta, August term, 1899. He paid the fine imposed upon him, and has since been a good, law-abiding citizen. Granted December 14, 1903.
FoRT McLEROY.-Burglary. Superior Court of Muscogee county, Fall term, 1898; three years in the penitentiary. Since serving out the sentence imposed by the court he has established a good character in the community where he resides. Granted December 14, 1903.
RESPITES GRANTED.
LEE CRIBB.-Murder. Superior Court of Coffee county, March term, 1903. Sentenced to be executed on Novemher 10, 1903. Respite granted until December 11, 1903, in order that the Prison Commission might have sufficient time in which to consider an application for the commutation of sentence. On December 9, 1903, he was again respited until December 18, 1903, in order that a Board of Physicians might examine him and pass upon the question of his sanity.

40

JOURNAL OF THE SENA'l'll.

Atlanta, Ga., June 22, 1904.
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 bills were read first time :
By Mr. Merritt-A bill to amend section 982 of the Code relative to
State depositories by adding the tow1;1 of Sparta.
Referred to the Banks Committee.
By Mr. ClementsA bill to limit the present session of the General As-
sembly to thirty days.
Referred to the General Judiciary Committee.
By Mr. MiddlebrooksA bill to amend the charter of the W. & A. R. R. 'o a.
to extend said road to Savannah.
Referred to the Railroad Committee.
By Mr. Van Buren, by requestA bill to authorize the Secretary of State to issue and

WEDNESDAY, JUNE 2~, 1904.

41

-grant corporate powers to sick benefit and accident insur-ance .~mpanies.
lteferred to the Corporation Committee.

By Mr. SweatA bill to amend the ,Act establishing the city co~rt ot
DougIS$.
Referred to the Special J u_diciary Committee.

.By Mr. SkeltonA bill to regulate investment companies in Georgia. Referred to the General Judiciary Committee.

By Mr. Tisinger-,-
A bill to amend the Constitution so as to prov.ide for -the appointment of Supreme Court judges, Superior Court judges and .soli~itors by the Governor.
Referred to the Constitutional Amendment Committee.

At 11 o'clock the Senate went into executive session.

On motion the Senate adjourned until to-morrow morn-

ing at H o'clock.



42

JouRNAL oF THE SENATE.

Senate Chamber, Atlanta, Georgia. Thursday, June 23, 1904.

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

Prayer was offered by the Chaplain.

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

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

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

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

Those absent were Messrs.

Crumbley,

Perry,

Smith,

The Journal of yesterday was read and approved.

Atlanta, Georgia, June 23, 1904.
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 h&

THURSDAY, JUNE 23, 1904.
respectfully invites the consideration of your honorable body in executive session.
The following House bilJ was read first time.
By Messrs. Davidson and U uderwood-
A bill to authorize the Pension Commissioner to pay over to the ordinaries of the several counties pensions that may accrue to any person who may die before the sanie can be paid.
Referred to the Pension Committee.
The following Senate bill was read second time :
By Mr. Davis-
A 'bill to amend section 765 referring to certioraries from county courts.
Senator Starr was also added to the Appropriations and Penitentia1y Committees.
Mr. Hopkins, Chairman of the Committee to report on what persons shall be allowed the privileges of the floor of the Senate inside of the brass railing, makes the followingreport:
Mr. President: Your Committee to whom was referred the subject as
to what persons shall be allowed the privileges of the floor of the Senate inside the brase railing recently constructed in the rear of the Senate Chamber beg leave to report, and recommend that such persons only as are designated in Senate Rule Number 101 be extended such privileges. Said rule being as follows :

44

JOURNAL OF TBE SENATE.

Rule 101. No person shall be allowed to enter upou

the floor of the Senat.e, except the Senators and officers

thereof, the officers and members of the House, the Governor of the State and the heads of the offices of the

Executive Department, ex-Governors, Judges of the Su-

preme and Superior Courts in actual commission, ex-presiding officers of the Senate and House, and such others as

the Senate may allow upon recommendation of the Committee oo the privileges of the floor.

Respectfully submitted,

H. W. HOPKINS, W. H. DAVIS,

JNO. D. HARRELL, Committee.

Mr. Middlebrooks, Chairman on Corporations, &ubmitted the following report :

Mr. Preaident:
The Committee on Corporations has had under consideration the following Senate Bill, which it instructs me to report with the recommendation that the same do pass :

A bill to amend the charter of the city of Columbus. Respectfully submitted,
L. L. MIDDLEBROOKS, Chairman.

The following Senate bills were read first time :

By Mr. Hopkin~
A bill to amend the charter of the city of Thomasville so as to elect the city clerk by the qualified voters.
Referred to the Corporation Committee.

THURSDAY, JUNE 23, 1904.

45

By Mr. Mathews-

A bill to ame-nd section 982 of the Code relative to the selection of State depositories by adding the towns of Perry and Fort Valley in Houston county, to said list.

The following Senate bill was read second time:

By Mr. Davis, by requestA bill to amend the charter of the city of Columbus.

The following me~;;sage was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has adopted the following joint resolution of the House, to wit:
A resolution providing for the appointment of a joint committee from the House and Senate to investigate the number of juvenile convicts in this State, to report to the General Assembly, and to submit proposed legislation in regard to reformatories for juvenile criminals.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has adopted the following joint resolution of the House, to wit :
A resolution that a joint committee be appointed to which shall be referred all measures looking to ballot HIform legislation.

46

JouRNAL oF THE SENATE.

By unanimous consent the following Senate bill was taken from the Constitutional Amendments Committee, read second time and referred to same committee :

By Mr. Tisinger-
A bill to amend the Constitution so as to provide for the appointment of judges of the Supreme and Superior Courts and solicitors-general by the Governor.

The following House resolution was read and concurred in:
By Mr. Felder-
A. resolution providing for the appointment of a joint Committee from the House and Senate to investigate the number of juvenile convicts and to submit proposed legislation in regard to reformatories.

Committee on part of Senate are Senators Lee and McMichael.
At 11:40 the Senate went into executive session.

The following House resolution was read and concurred
In:
_By Mr. Kelly-
A resolution appointing a committee of five from the House and three from Senate to which all bills on ballot .reform shall be referred.
Committee on part of Senate are Senators Skelton, Hopkins and Mathews.

FRIDAY, JuNE 24, 1904:

47

Senator Middlebrooks wae granted leave of absence nn-
tp Monday.

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

Senate Chamber, Atlanta, Georgia,
Friday, June 24, 1904.
The Sen~te met pursuant to adjournment at 11 o'clock; was called to order by the President.

Prayer was offered by the Chaplain.

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

Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duncan, of Ioth, Duncan, of 36th, Golden, Harrell, HightOIWer, Hopkins, Hudson,

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

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

Those abeent were Messrs.-

Crumbley,

Middlebrooks,

Smith,

The Journal of yesterday was read and approved.

48

JOURNAL OF THE 8EN:ATE.

Atlanta, Ga., June 24:, 1904.

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

Mr. Pre8ident:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which herespectfully invites the consideration of your honorablebody in. executive session.

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

Mr. Pre8ident :
The Committee on Banks has had under consideratioDo the following Senate Bills, which it instructs me to reportwith the recommendation that they do pass :

By Mr. Merritt of 20th District-
A Bill to amend section 982 of the Code providing forthe selection of banks in certain cities as State depositories, so as to add the town of Sparta to such list.

By Mr. Mathews of 23d District-
A Bill to amend section 982 of the Code so as to adct Perry and Fort Valley to list of State depositories.
Respectfully submitted, S. R. CHRISTIE,
Chairman~

FRIDAY, JUNE 24, 1904.
Mr. Tisinger, Chairman of the Special Judiciary Committee, submitted the following report :

Mr. President :
The Special Judiciary Committee has had under consid- eration the foll?wing Senate Bill, which it instructs me toreport with the recommendation that it do pass:

By Mr. Sweat of 5th district-

A Bill to amend Act establishing the City Court ot

Douglas.

Respectfully submitted,

B. L. TISINGER, Chairman..

By unanimous consent Senate Bill No. 195 was takeu from the Special Judiciary Committee and committed to the R. R. Committee.
Upon motion of Senator Hopkins the special order for to-day was displaced on account of the death of its author._

The following Senate Bill was read first time :

By Mr. McMichael-
A Bill to amend the Constitution so as to elect the Su-preme Court Judges by the Legislature and election of Superior Court Judges by the Supreme Court.
Referred to the Constitutional Amendments Committee_
hj

;fjO

JOURNAL OF THE SENATE.

By Mr. Sweat-

A Bill to create a new charter for the town of Wiilacoochee in Coffee county so as to issue bonds in said city.

Referred to the Special Judiciary Committee.

By Mr. Sweat-
A Bill to incorporate the city of Broxton in Coffee county.
Referred to the Special Judiciary Committee.

By Mr. Howell, by request of grand jury of Fulton county-
A Bill to prohibit any bailiff, constable or other officer from arresting any person except on warrant.
Referred to the General Judiciary Committee.

By Mr. Howell, by request of grand jury of Fulton county-
A Bill to regulate the business of money-lending on personal property.
Referred to the General Judiciary Committee.

By Mr. Howell, by request of Fulton county grand juryA bill to amend section 2753 of the Code. Referred to the General Judiciary Committee.

FRIDAY, JUNE 24, 1904.

61

Tlle following Senat.e bills were read second time :

By Mr. Merrett-

A bill to amend section 982 of the Code by adding the town of Sparta to the list of State depositories.

By Mr. Sweat-
A bill to amend the Act establishing the city court of Douglas in Coffee county.

By Mr. Mathews-
A bill to amend section 982 of the Code so as to add the towns of Fort Valley and Perry as State depositorie~;~.

The following Senate bill was read third time to be put upon its pas~age :
By Mr. Davis-
A bill to amend section 765 of the third volume of the Code referring to certioraries from county courts.

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 followiug House bill was read secoud tline : By Mr. Jones-
A bill to repeal an Act establishing a board of County Commissioners of Dougherty county.

52

JouRNAL OF .THE SENATE.

Leave of absence was granted Senators Taylor and Clark.

At 11: 45 the Senate went into executive session.

On motion when the Senate adjourns to-day it will stand adjourned until Monday morning at 12 o'clock.

On motion the Senate adjourned until Monday morningat 12 o'clock.

Senate Chamber, Atlanta, Ga., Monday, June 27, 1904.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll-call was dispensed with.
The Journal of Friday was read and approved.
Atlanta, Ga., June 27, 1904. The following message was received from His Excellency the Governor, through his secretary, Mr Blackburn :
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.

MoNDAY, JuNE 2i, 1904.

53

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

Mr. President:
The Committee on Engrossing has examined the following Senate bill, which it finds correctly engrossed and ready for transmission to the House, to wit :

A bill to amend section 765 of the third volume of the Code of 1895, referring to certioraries from the county courts.
Respectfully submitted. A. B. DuNCAN, _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 th~ following bill of the House, to wit:

A bill to be entitled an Act to provide for the assessment of property of corporations, which are required by law to make returns to the Comptroller-General of this State.

The House has also adopted the following joint resolutions of the House, to wit:
A resolution that the General Assembly hold no session on Independence Day, July 4th.

A resolution, that when the General Assembly adjourns on Saturday, July ~d, it stands adjourned until Monday, July 11th, and for other purposes.

54

JOURNAL OF THE SENATE.

The House has also passed by the requisite constitutional majority the following Hotise reso]ution, to wit:

A resolution to reimburse the county of Dade for the incarceration and execution of Charlie Phillips.
Mr. Middlebrooks, chairman of the Vommittee on Corporations, submitted the following report :

Mr. President:
The Committee on Corporations has had under consideration the following Senate bill, which it instructs me to report with t]}.e recommendation that it do pasa :

A bill to amend Act incorporating the city of Thomasvi1le so as to provide for the election of the city clerk.
Respectfully submitted.
L. L. MIDDLEBROOKS, Chairman.

The following Senate bills were read first time :

By Mr. Duncan of lOth District--
A bill to change the county site of Worth county from Isabella to Sylvester.

Referred to the Special Judiciary Committee.

By Mr. Duncan of 36th District-

A bill to provide for the examination of private banks by the State Bank Examiner.

Referred to the Banks Committee.

MoNDAY, JuNE 27, 1904..

55

By Mr. Ledford-

A bill to amend section 821 of the Code so as to author-
ize the tax-collector to issue fi fas. against unreturned wild
lands.

Referred to the General Judiciary Committee. By Mi:. Howell-

A bill to amend section 150 of the Code by striking out the word "eight" in the last line of said section and inserting "twelve.''
Referred to the Appropriation Committee.

By Mr. Sweat-
A bill to revise the Superior Court calendar for the counties comprising the Brunswick Circuit.
Referred to the Special Judiciary Committee.

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

By Mr. Merritt-
A bill to amend section 982 of the Code by adding the town of Sparta to the list of State depositories.
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.

-.06

JouRNAL OF THE SENATE.

By Mr. Sweat-

A bill to amend the Act establishing the city court of Douglas so as to increase the salary of the judge.

Report ofthe committee was agreed to.

Upon the passage of the bill t~e ayes were 26, nays 0.

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

.By Mr. Mathews-

A bill to amend section 982 of the Code so as to add the towns ot Fort Valley and Perry to the list of State de,positories.

Report of the committee was agreed to.

1Jpon the passage of the bill the ayes were 25, nays 0.

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

The following House bill was read first time :

"By Mr. Hall-

A bill to provide for the assessment of property of corporations which are required by law to make returns to lthe Comptroller-General.
Referred td the General Judiciary committee :

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

MoNDAY, JuNE 27, 1904.

57

By Mr. Dav.is, by requestA bill to amend the charter of the city of Columbus.

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 read second time:

By Mr. Hopkins-

A bill to amend an act incorporating the city of Thom:asville so as to elect the City Clerk by the qualified voters.

The following House resolutions were read first time:

.By Mr. Brock-

A resolution to reimburse the county of Dade for the incarceration.'and execution of Charlie Phillips.
Referred to the Appropriation Committee.

By Mz:. Hardin-
A resolution that the General Assembly hold no session -on Independence Day.

This resolution was concurred in.

:By Mr. Cann-
A resolution that when the General Assembly adjourns -on Saturday, July 2d, it shall stand adjourned until .Monday, July 11th.

58

JouRNAL oF THE SENATE.

Mr. Davis moved to non-concur in the resolution and on this motion the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Comas, Davis, Duncan, of IOth, Duncan, of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Lee, Ledford, Mathews, McClure, McLean, 1IcMichael, Merritt,

Perry, Smith, Snead, Starr, Tisinger, Turner, Van Buren, Williams, Worsham,

Those voting in the negative were Messrs.-

Lewis, Moore,

Park,

Symons,

Those not voting were Messrs.-

Clark, Clements, Crumbley, Jordan,

Middlebrooks, Reid, Roberts, Skelton,

r
StevenslJ,i Sweat, Taylor, Mr. President.

On the motion to non-concur the ayes were 28, nays 4 ; the motion prevailed.

Senator Roberts was granted indefinite leave of absence on account of sickness.

At 12:45 the Senate went into executive session.

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

TFESDAY, JUNE 28, 1904.

59

Senate Chamber, Atlanta, Ga., Tuesday, June 28, 1904.

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

Prayer was offered by the Chaplain.

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

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

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

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

Those absent were Messrs.-

Crumbley,

Roberts.

The Journal of yesterday was read and approved.

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

Mr. 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:

60

JOURNAL OF THE SENATE.

A bill to amend the charter of the city of Columbus.

A bill to amend section 982 of Code so as toadd Sparta "to list of cities and towns with State depositories.

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

A bill to amend section 982 of Code so as to add Perry :and Fort Valley to State depositories.
Respt>ctfully submitted, A. B. DUNCAN, Chairman.

Mr. Hopkins, acting chairman of the General.Judiciary -committee, makes the following report:

Mr. President:
The General Judiciary Committee has had under consid~ration the following bill of the Senate, which I am in.structed to report back with the recommendation that it do .pass:

A bill to amend section 821 of volume 1 of the Code of 1895, so as to authorize the tax-collector to issue fijas. .against unreturned wild lands, and for other purposes.

Also, that the following bill of the Senate be referred to the Special Joint Committe on Ballot Reform.

A bill to provide for enclosed polling places at each election precinct in this State, who shall be admitted into such polling places while elections are being held; to provide what kind of ballot shall be used, and for other purposes.

Also, that at the request of the author of the following bill of the Senate he be allowed to withdraw the same, viz.:

TuESDAY, JuNE 28, 190-l.

6!

A bill to repeal section 2349 of the Code, and to alter and amend section 2350 of the same.
Respectfully submitted, H. W. HOPKINS, Acting Chairman.

Mr. Tisinger, chairman of the Special Judiciary Com- mittee, makes the following report :

Mr. President:
The Special Judiciary Committee has had under consideration the following bills of the Senate, which I am in-structed to report back with the recommendation that they dq pass:
A bill to incorporate the city of Broxton, in the county of Coffee, and for other purposes.

A bill to create a new charter for the town of Willacoochee, in the county of Coffee, and for other purposes.

A bill to change the county site of Worth county from Isabella in said county to Sylvester in said county, and for other pu~;poses.

A bill to revise the s11perior court calendar for the counties composing the Brunswick Judicial Circuit, and for other purposes.

Also, that the following bill of the House do pass :
A bill to repeal an Act, approved August 20, 1872, establishing a Board of Commissioners of Roads and Revenues for the county of Dougherty, so far as those acts ap-ply to Dougherty county, and for other purposes.
B. L. TISINGER, lJbairman.

62

JouRNAL oF THE SENATE.

Atlanta, Ga., June 28, 1904.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:

Mr. President:
I :am directed by His Excellency the Governor to ddiver to the Senate a communication in writing.

State of Georgia, Executive Office,
Atlanta, June 28, 1904.
To the General Assembly :
I herewith transmit to you a letter from His Excellency, A. J. Montague, Governor of the Commonwealth of Virginia, together with a joint resolution of the General Assembly of Virginia, relative to an International Exposition to be held on the shores of Hampton Roads, for the purpose of commemorating the first permanent Anglo-American settlement on this continent, made. at Jamestown on the 13th day of May, 1607. I trust you will give the matter due consideration, and take such action as you may deem wise and proper.
J. M. TERRELL, Governor.

Commonwealth of Virginia,
Governor's Office, Richmond.
SIR : I enclose a copy of a joint resolution of the General Assembly of Virginia, passed February 17, 1904, and beg to request that you will transmit the same to the Legislature of your State.
I venture to suggest that the commemoration in question is of extraordinary significance, as the landing at Jamestown was the first permanent settlement of the English-speaking people on this continent by nearly four-

TuEsDAY, JuNE 28, 1904.

63

teen years; indeed, as a result of this settlement Virginia was an organized Colony with an elective Legislative Assembly nearly two years prior to the landing of the heroic Pilgrims at Plymouth Rock. Therefore, this settlement is the genesis of our national government and the original source of forces which have entered mightily into the fabric and growth of our Republic.
It is to be hoped that the magnitude of the historic commemoration may have the generous consideration of your State and the earnest sympathy and co-operation of your people in appropriately bringing before the world so transcendent an event.
I have the honor to be, sir,
Your obedient servant,
A. J. MONTAGUE.

JoiNT REsOLUTION OF THE GENERAL AssEMBLY OF
VIRGINIA, PASSEO FEBRUARY 17, 1904.
Whereas, It is proposed to commemorate the first permanent Anglo-American settlement on this continent, made at Jamestown on the 13th day of May, 1607, by holding an International Exposition on the shores of Hampton Roads; and the State of Virginia has heretofore incorporated the Jamestown Exposition Company, under whose auspices such commemoration is to be held; and,
Whereas, The General Assembly of Virginia has heretofore endorsed such commemoration by making a suitable appropriation to said Company to assist in making said exposition a fit and suitable one to properly commemorate this the greatest event in American history; and,
Whereas, A bill has been introduced in the Senate and House of Representatives of the United States of America

64

JOURNAL OF THE SENATE.

in Congress assembled, for the purpose of securing the endorsement of this nation, and of making said l:xposition an International one, inviting foreign nations to participate therein, and authorizing suitable and appropriate naval displays and military maneuvers, on and near the waters of Hampton Roads during the period of said Exposition, and providing a proper appropriation by the Government of the United States ; now, therefore be it
Resolved, By the House of Delegates, the Senate concurring, that the Governor of this State be, and he is hereby authorized ancl requestecl for and on the part of the Commonwealth of Virginia, to at once invite the co-operation and assistance of each and every other State of this Union, in order that each of them may adopt the necessary measures to be suitably and appropriately represented at the said Exposition.

Mr. Christie submitted the report from the special committee appointed at last session to investigate the different departments of the State, said report consisting of two volumes. On motion, the reading of said report was dispensed with.

The following Senate bills were read eecond time:

By Mr. Sweat-
A bill to create a new charter for the town of Willacocchee, in Coffee county.
By Mr. Ledford-
A bill to amend section 821 of the Code so as to author-
ize the tax collectors to issue fl. fas. against unreturned
wilcl lands.

. ~UESDAY, JUN 28, 1904.

65

By Mr. Sweat-

A. bill to incorporate the city of Broxton, in Coffee county.

By Mr. Sweat-

A. bill to revise the superior court calendar for the coun-

ties composing the BrunAwick Circuit.



By Mr. Duncan-
A bill to change the county site of Worth county from Isabella to Sylvester.

By Mr. SkeltonA bill to regulate investment companies in Georgia.

This bill was recommitted to the Ge~eral Judiciary Committee.

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

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

A bill to appropriate one thousand dollars, or so much thereof as may be necessary, to provide additional files for the Supreme Court.

A. bill to change the county site of Worth county from IsabeJla, in said county, to Sylvester, in said county.
lisj

66

JOuRNAL 6F THE SENATE.

By unanimous consent the following Senate bill was. taken from the table and put upon its passage:

.By Mr. Skelton:

A bill to authorize justices of the peace to change the time of holding justice courts.

Report of the committee was agreed t{),

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

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

The following Senate bills were read first time :

By Mr. Davis-

A bill to amend an Act incorporating the town of Waynesboro and which makes the Eaple a city.

Referred to the Corporation Committee.

By Mr. Davis-

A bill to authorize the Mayor and Council of Waynesboro to order an election to determine whether said city shall incur a debt to furnish electric lights.

Referred to the Corporation Committee.

By Mr. Golden-
A bill to amend section 982 of the Code so as to add the town of Temple to the list of State depositories.
Referred to the Banks Committee.

Tu~DAY, JuNE .28., 1904.

67

By Mr. TisiogerA bill to amend section 3516 of volume 11 of the Code.

Referred to the General Judiciary Committee.

By Mr. Tisioger-

A bill to amend section 1115 of the Code relative to the pay of jurors and witnesses.

Referred to the General Judiciary Committee.

The following Senate resolution was read and unanimously adopted :
By Mr. Hopkins-

A resolution extending the sympathy of the Senate to Boo. F. G. duBigoon on account of his illness and hope for his speedy recovery.
'
By unanimous consent Senate Bill No. 58 was withdrawn from the General Judiciary Committee and committed to the .Joint Committee on Ballot Reform .

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

By Mr. Hopkins-
A bill to amend the Act incorporating the city of Thomasville so as to elect the city clerk by the qualified voters.

Report of the Committee was agreed to.

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

~68

JOURNAL OF THE SENATE.

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

By unanimous consent Senate hill ~o. 57 was withdrawn by its author, Senator Mathews.

The following Senate hills were read first time.

Ey Mr. Jordan-

A hill to regulate the inspection and sale of fertilizers in chis State.
Referred to the Agricultural Committee.

_lly Mr. Park-
A hill to repeal an Act establishing a dispensary for the rtown of Hogansville.

Referred to the Temperance Committee.

The following House hill was taken from the table and put upon its passage:

By Mr. Stewart-
A hill to change and fix the time for holding superior -~ourt in the Albany circuit.

Report of the committee was agreed to.

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

The hill having received the requisite constitutional ma-~ority was passed.

TuE~DAY, JuNE 28, 1904. By Mr. Jones-
A bill to repeal the Act establishing the Board ofr County Commissioners for Dougherty county.
Report of the committee was agreed to.
Upon the pasdage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read first time:
By Mr. DavisA bill to appropriate $1,000, or 100 much thereof as.
may be necessary, to provide additional files for the Supreme Court.
Referred to the Appropriation Committee.
By Mr. Alford-
A bill to change the county !!ite of Worth county from. Isabella to Sylvester.
Referred to the Special Judiciary Committee.
Leave of absence was granted Senator Perry from today's session.
At 12 o'clock the Senate went into executive session.
On motion, the Senate adjourned. until to-morrow morning at 11 o'clo~k.

70

Jo-qllNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga. Wednesday, June 29, 1904.
The Senate met pursuant to adjournment at 11 o'clock ; was called to order by the President.

Prayer was offered by the Chaplain.

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

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

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

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

Those absent were Messrs.-

Crumbley,

Middlebrooks,

Roberts.

The Journal of yesterday was read and approved.

The following message was received from the House, through Mr. Boifeuillet, the Clerk th~reof:

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

A bill to amend section 671 of volume 3 of the Code of

WEDNESDAY, JUNE 29, 1904.

71

1895, so as to make the wrongful sale of property to which a bill of sale has been given a misdemeanor.

The House has also passed by the requisite constitutional majority the following House resolution, to wit :

A resolution authorizing the Commissioner of Pensions to reinstate J. J. W. Glenn upon the pension rolls of 1903, and to pay him his pension for said year.

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

Mr. President:
The Committee on Engrossing has examined the following Senate bills, which are correctly engrossed an"d ready for transmission to the House, to wit :

A bill to authorize Justices of the Peace to change the time of holding justice's court.

A bill to amend Act incorporating city of Thomasville

so as to make the city clerk elected by the qualified voters

.of said city.

.

Respectfully Rubmitted. A. B. DUNCAN, Chairman.

Atlanta, Ga., June 29, 1904. The following message was received from his Excelleney the Governor, through his Secretary, Mr. Blackburn.
Mr. President:
i am directed by his Excellency the Governor, to
deliver to the Senate a sealed communication, to which he

72

JOURNAL OF THE SENATE.

respectfully invites the consideration of your honorable body in executive session.

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

Mr. President:
The Committee on Special Judiciary has had under considE)ratiou the following House bill, which I, as chairman of the committee, am instructed to report back to the Senate with the recommendation that the same do pass :
House bill No. 827, entitled an Act to change the county site of Worth county from Isabella, in said county, to Sylyester, ia Sa.id county, etc.
Respectfully submitted. B. L. TISINGER, Chairman.

Mr. Merritt, chairman of the Committee on Military Affairs, submits the following report:

Mr. President:
The Committee on Milit-ary Affairs has had under consideration the following bill of the Senate, which it instructs 'me to report back to the Senate with the recommendation that the same do not pass :

A bill to place upon the retired list of the retired officers all officers who have served in the volunteer service of the State for a period of three years between the years 1865 and 1887.
Respectfully submitted. R. L. MERRITT, Chairman.

WEDNESDAY, JUNE 29, 1904.

73

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

Mr. President:

The Committee on Engrossing has examined the following Senate resolution, which it finds correctly engrossed and ready for transmission,to the House, to wit:

A resolution to print 500 copies of the Special Joint Investigating Committee's report.
Respectfully submitted. A. B. DuNCAN, Chairman.

The following resolution was read :
By Mr. Tisinger-
A resolution to print 500 copies of the Special Committee report which investigated the different departments of the State government.
Mr. Hopkins moved to amend by making it 1,000.
This motion was lost.

The resolution was then adopted.

The privileges of the floor of the Senate were extended Ron. W. W. Osburn, of Savannah.

The following House resolution was read first time :

By Mr. AlmondA resolution to authorize the Commissioner of Pensions

"74

. JouRNAL OF THE SENATE.

to reinstate J. J. W. Glenn, of Rockdale county, upon the pension roll for 1903.

Referred to the Pensions Committee.

The following House bill w~s read first time :

By Mr. Alexander-

A bill to amend section 671 of volume 3 of the Code.

Referred to the General Judiciary Committee.

The following House bills were read second time :

By Mr. Alford-

A bill to change the county site of Worth county from Isabella to Sylvester.

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

.By Mr. Jones-

A bill to create a new Board of County Commissioners ior Dougherty county.

Report of the committee was agreed to.

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

The biJl having received the requisite constitutional majority was passed as amended, and the amendment is by inserting the year 1905 where the year 1904 appears.

Mr. Hopkins, chairman of the Committee on Appropriations, makes the following report :

WEDNESDAY, JUNE 29, 1904.

75

Mr. President:
The Committee on Appropriations has had under consideration the following bill of the Senate, which it instructs me to report back with the recommendation that it be read second time and be referred to Committee on Public Library :

A bill to amend section 150 volume 1 of the Code of 1895, and for other purposes.

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

A bill to appropriate one thousand dollars, or so much thereof as may be necessary, to provide additional files for the Supreme Court.
Respectfully submitted, H. W. HoPKINS, Chairman.

The following Sei.Jate bills were read third time to be put upon their passage :
By Mr. Sweat-

A bill to incorporate the city of Broxton, in Coffee 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. Sweat-
A bill to create a new charter for the town of Willacoochee, in Coffee county.

76

JOURNAL OF THE SENATE.

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 constituticnal majority, was passed.

By Mr. SweatA bill to revise the superior court calendar for the coun-
ties composing the Bruiiswick Judicial Circuit.
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. Duncan-

A bill to change the county site of Worth county from Isabella to Sylvester.
On motion this bill was tabled.

By Mr.---
A bill to authorize tax collectors to issue fi. fas. against
the owners of wild land when the same is not given in.
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.

.THURSDAY, JUNE 30, 1904.

77

At 11:45 o'clock the Senate went into executive session.

Senator Symons was granted leave of absence for the remainder of the week.

The following House bills were read second time:

By Mr. Davis-

A bill to appropriate $1,000 to provide additional files for the Supreme Court.

By Mr. Howell-
A bill to amend section 150 by striking the word "eight" in the last line of said section and inserting "twelve."

This bill was recommitted to the Library Committee.

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

Senate Chamber, Atlanta, Georgia, Thursday, J one 30, 1904.

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

Prayer was offered by the Chaplain.

Upon the call of the roll the following members an swered to their names :

Allen, Atkinson, Christie, Clark, Clements,

Comas, Davis, Duncan, of roth, Duncan, of 36th, Golden,

Harrell, Hightower, Hopkins, Hudson, Jordan,

78

JouRNAL oF THE SENATE.

Lee,
Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks,

Moore, Park, Perry, Reid, Skelton, Smith, Snead, Starr, Stevens,

Sweat, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.
f,' .

Those absent were Messrs.-

Crumbley,

Roberts,

Symons,

'fhe Journal of yesterday was read and approved.

Mr. Perry, Chairman of the General Judiciary Committee, submits the following report :
Mr. President :
The General Judiciary Committee has had under consideration the following bill of the Se~ate, which it instructs me to report back with the recommendation that the same do not pass.
A bill to amend section 1115 of the Code of 1895. Respectfully submitted, H. H. PERRY, Chairman.

Mr. Reed, chairman of the Committee on Public Library, submits the following report :

Mr.. President:
The Committee on Public Library has had uiJder consideration the following bill of the Senate which I am m--

.THURSDAY, JUNE 30, 1904.

79-

structed to report back with the recommendation that thesame do pass :

A bill to amend section 150 of the Code by striking out the word "eight" and inserting "twelve" in the last lineof said section.
Respectfully submitted,
W. R. REID, Chairman.

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

Mr. President:
The Committee on Engrossing has examined the follow-ing Senate bills which it finds correctly engrossed and ready for transmission to the House, to wit :
A bill to incorporate the city of Broxton in Coffee/county.

A bill to a:nend section 821, .volume 1 of Code of 1895,
so as to authorize tax collectors to issue fi. fas. against
unreturned wild lands.

A bill to revise the Superior Court Calendar of Brunswick Judicial Circuit.
Respectfully submitted,
A. B. DUNCAN,
Chairman~

The following Senate bills were read first time:

80

JOURNAL OF THE SENATE.

By Mr. Christie-

A, bill to amend the Act establh;hing dispensaries in Terrell county so as to provide for a Secretary and Treasurer for said Board of Commissioners.

Referred to the Committee on Banks.

By Mr. Cleruents-
A bill to amend section 1374 of the Code as to duties . of County School Commissionera.

Referred to the Education Committee. By Mr. Golden-
A bill to amend section 1254 of the Code of Georgia.

Referred to the Pensions Committee.

. By Mr. McMichael-
A bill to amend an Act approved December 8, 1897, so as to authorize the Treasurer of the State to draw on any funds in the treasury to the amount of Four Hundred Thousand Dollars to be issued in payment of teachers.

Referred to the Education Committee.

By Mr. Park-
A bill to authorize cities and towns to manufacture, distribute, use and sell gas and electricity for lighting purposes, and for other purposes.
Referred to the General Judiciary Committee.

THURSDAY, JUNE 30, 1904.

81

By Mr. Howell by request-

A bill to prohibit traffic in non-transferable signature tickets issued by common carriers, and to require common carriers to redeem unused or partly used tickets.

Referred to the Railroad Committee.

Mr. Christie, chairman of the Committee on Banks, makes the following report :
Mr. 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 it "do pass" :
A: bill to. amend section 982 of the Code of Georgia of
1895, and Acts amendatory thereof s~ as to add the name of the town of Temple, Carroll county, Georgia, to the list of State depositories.

Also, that the following bill of the Senate ''do pass as amended":

A bill to provide for the examination of private banks by the Bank Examiner of the State, and for other purposes.
Respectfully submitted, S. R. CHRISTIE, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submitted the following report :
(Is j

82

JouRNAL oF THE SENATE.

Mr. P1esident:

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

A. bill to authorize Secretary of State to charter sick benefit and accident insurance companies.

A. bill to amend Act of Incorporation of Waynesboro as a city and A.cts amendatory thereof.

A bill to authorize an election by the voters of W aynesboro for electric lights, water-works, etc.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.

The following resolution was adopted :

By Mr. VanBuren- ,

A. resolution authorizing the messenger of the Senate toappoint the usual doorkeeper who shall also act as assistant messenger.

The following Senate bill was read second time and recommitted to the Committee on Banks :

By Mr. Golden-

A bill to amend section 982 of the Code of Georgia of 1895 by adding the town of Temple to the list of Statedepositories.

THURSDAY, JUNE 30, 1904.

83

Atlanta, Ga., June 30, 1904.
The following mel!sage was received from his Excellency the Governor, through his Secretary, Mr. Blackburn:

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.

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

By Mr. Alford-
A bill to change the county site of Worth county from Isabella to Sylvester.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were required and the vote was as follows :

Those voting in the affirmative were Messrs.-

AIJen, Atkinson, Christie, Clark, Clements, Comas, Duncan, of 10th, Duncan, of 36th, Golden, HarreiJ, Hightower, Hopkins, Hudson,

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

Reid, Smith, Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

84

JOURNAL OF THE SENATE.

'Those not voting were Messrs.-

'Crumbley, Davis,

Roberts, Skelton,

Ayes 38, nays 0.

Symons, Mr. President.

The bill having received the required two-thirds majority was passed and ordered immediately transmitted to the House.

The following Senate bills were read second time :

'By Mr. Jordan-

A bill to amend section 2 of an Act regulating the sale {){ commercial fertilizers in this State.

By Mr. Davis-

A bill to amend the various acts incorporating the town -of Waynesboro and to make the same a city.

By Mr. Davis-
A bill to authorize the city of Waynesboro to mcur a debt for the furnishing of electric lights.

By Mr. VanBuren-
' A bill to authorize the Secretary of State to grant corporate powers to sick, benefit and accident insurance companies.

By Mr. Duncan-
A bill to provide for the examination of private banks by the State Bank Examiner.

THURSDAY, JUNE 30, 1904.

85.-

The following resolution was read and adopted:

By :M:r. Tisinger-

A resolution to appoint a joint committee from the Senate and House to amend, revise and consolidate the general laws governing corporations and to prepare and present to the General Assembly a bill containing ~uch amendments as they think advisable.

Committee on part of Senate are Senators Tisinger, Williams and Perry.

The following Senate bill was read first time :

By :M:r. McMichael-

A bill to amend the Act creating the Prison CommisEion

of Georgia.



Referred to the Special Judiciary Committee.

The following House bill was read third time to be put upon its passage :
By :M:r. Davis-
A bill to appropriate One Thousand Dollars to provide additional files for the Supreme Court..

Report of the committee was agreed to.

This being an appropriation the ayes and nays were or dered and the vote was as follows :

86

JouRNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clements, Comas, Davis, Du~can, of 10th, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins, Hudson,

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

Reid, Smith, Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Clark, Crumbley, Park,

Roberts, Skelton,

Symons, Mr. President.

Ayes 37, nays 0.

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

.A.t 12 o'clock the Senate went into executive session.

Senator Taylor was granted leave of absence for tomorrow.

Senator Middlebrooks was granted leave of absence for next week.

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

FRIDAY, JuLY I, I904.

87

Senate Chambe:t, Atlanta, Georgia, Friday, July I, I904.

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

Prayer was offered by the Chaplain.

On motion the roll-call was dispensed with.

The Journal of yesterday was read and 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 amend paragraph 2, of section I, of article 11, ()f the Constitution of this State.

A bill to amend section I50 of volume I of the Code -of I895.

A bill to amend section 82I of volume I of the Code of I895.

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

A resolution that a joint committee be appointed to investigate the feasibility of leasing part of the State's prop-erty lying along the right of way of the Wei3tern and Atlantic Railroad in the city of Atlanta.

88

JOURNAL OF THE SENATE.

A resolution for the relief of I. J. Slaughter.

The House has also passed by the requisite constitutional majority the following bill of the Senate, to wit :

A bill to amend the charter of the city of Columbus.

The House has concurred in the following resolution of the Senate, to wit:

A resolution to print 500 copies of the Special Joint Investigating Committee's report as follows :

FRIDAY, JuLY 1, 1904.

8-9

SANITARIUM.
To the President of the Senate and the Speaker of the House of Representatives:
Your Committl!e appointed by a joint resolution of the two Houses of the General Assembly, approved August 17, 1903, have discharged the duties imposed upon them by said resolution, and beg leave to submit their report.
The Committee met at Macon, Georgia, on the 27th day of October, 190:1, and organized by the election of Joseph H. Hall as Chairman, and P. H. Comas as Secretary. In accordance with the power conferred upon the Committee~ they at that time employed Mr. W. G. Raoul aLu Mr. C. H. Canfield as expert accountants to examine all the books of the State Institutions and the various departments of the State, which the Committee by the terms of the said resolutions were required to examine.
Mr. Raoul and Mr. Canfield made the examination of the books of the State Sanitarium, the Girl's Normal School at Milledgeville and the books of the Prison Farm. After the completion of this work Mr. 'Raoul at his own request and to the great regret of the committee, resigned. Mr. W. W. Duncan was selected by the Committee to aid Maj. Canfield ,in the further progress of the work.
Th~ Committee at its first meeting decided that it wasnecessary to have the evidence taken by the Committee stenographically reported and written out. This was made necessary by the scope of the work and the length of time that would be necessarily consumed in completing investigations, as well as submitting the evidence to the General

JOURNAL OF THE SENATE
.Assembly, upon which the Committee's findings were, based. The Committee therefore decided to employ W. F. Blue to take the oral testimony of all witnesses and made a contract with him for .Five ($5.00) Dollars per day for reporting and the same amount per day for writing out the testimony, which testimony WP. herewith submit as a part Of our report.
STATE SANITARIUM.
On November 10, 1903, your Committee met at the State Sanitarium and proceeded to investigate the affaire of that Institution. The Committee was confronted with great difficulties on account of thP. total want of any intelligent system of accounting in connection with this institution. \Ve found it impossible on account of the methods of keeping the accounts to get any intelligent idea of the di;o;tribution of the large amount of money armually appropriated to support this institution. The Steward, who is the financial officer of this concern, keeps nine different check books under the following heads, to-wit: Subsistence, Dlot bing, Fuel and Transportation, 'Vages, Incidentals, Medical Supplies, Contingencies, Stationery and Postage, and as a voucher is pre~ented he draws a check in payment of same from one or another of the books, the Steward's check being drawn on the Treasurer of the institution, and from these check books his accounts are made up, showing the amount expended on each account during the month, and from t&esP. check books he balances with the Treasurer. There is no double entry system of keeping books whatever.
Your Committee attaches to this report a comparative statement of the distribution of the annual appropriation for the support of the institution from September 1, 1S94, to September 1, 1904, c vering a period of ten years. A -careful examination of this report under the different heads

FRIDAY, JuLY 1, 1904.

91

will exhibit discrepancies that are not easily explained. :For instance: The amount expended on incidentals September 1, 1894 to September I, 1895, was $18,955.00; for incidentals from September 1, 1895 to September 1, 1896, $20,510.00; for incidentals from September 1, 1896 to September 1, 1897, $30,630.00 ; for incidentals from September 1, 1897 to September 1, 1898,$30,817.33; from ~eptember 1, 1898 to September 1, 1899, $=35,734.00 and from September 1, 1899 to September 1, 1900 the amount was only $17,271.22. The reason of this difference does not appear.
Under the head of Medical Supplies we find the accounts for the year beginning September, 18!14 and ending September, 18~5 to be $4,375.95, and for the year ending September 1, 1902, to be only $2,887.20. The number of patients treated at the institution Juring the year ending September 1, 1895, was 1783, and the number of patients :treated during the year ending September I, 1902, was 2,635; and yet the account for medical supplies for the first named year was $4,375.00 against 2,821.00 for year last named. We find that the account for medical supplies for the year ending 1897 waE $5,152.00 with 2085 patients, and for the year 1902, $2,88"1 .00 with 2635 patients. For the year ending September, 1897, the average number of patients in the institution was 208.5 and for the year ending September 1, 1903, the average number of patients was 2732. The account for medical supplies for 2085 patients for the year ending September, 1897, was .$5,152.19; for the same period, year ending 1902, the amount of expenditures for 2696 patients was $3,082.19, flhowing an increase in the number of patients of over 600 .and a decrease in the amount expended for medical supplies of over $2,000.00. A careful examination of this account will show under every head discrepancies of this .Bort.

92

JOURNAL OF THE SENATE.

We invite your careful attention to the tabulated report of the experts, showing comparative statement of the expenditures, and also to the general report of the experts of the met buds of keeping accounts by the officers of this institution.
A.ll of the supplies pur.:Jhased by the Board of Trustees for the support of the institutiorr are disbursed from a storehouse by a store-keeper. We find that this gentleman Eeems to be conscientious, diligent and faithful in the discharge of his duties, but there is no system of accounting kept whatever of the articles purchased and disbursed from the storehouse. The store-keeper is not responsible for this, as he discharges all duties that are required of him by the Board of Trustees, but your Committee feels called upon to say that it is impossible to keep any intelligent account of the business of this department of the Sanitarium under the methods now persued. There is no account of the goods kept aftEr they reach the storehouse and in no way can it ever be ascertained whether anything has bet'!' lost or stolen therefrom. Inventories are made periodically of articles in the storehouse and these are not even preserved. The property of the institution in the storehouse is not properly protected and there is very gre~t opportunity of goods being stolen therefrom. The storekeeper dues not disburse the heavy articles that are used on the farm, but these are delivered to the Assistant Stewani and disbursed by him. Although a large quantity of supplies paos through his hands and he employs a considerable number of hands, all those engaged in the farm and cattle work of this institution, he keeps no books of the account and practically no record of his transactions whatever. All we could find that he kept was a memorandum ot the time books of the time made by hands employed by his subordinates which was reported to him. It is from his loose system of accounts that the pay-rolls of the em-

FRIDAY, JULY 1, 1904.

93

ployees of this department are made up. The Assistant Steward furnishes annually to the Board of Trustees a detailed account showing in dollars and cents the amounts received and expended by him, but an examination of him by your Committee disclosed the fact that this report was based upon nothing stronger than the imagination of this officer. His annual report would indicate that it was a transe1ipt from books kept by the Assistant Steward, but when called upon to produce these books he was compelled to admit that be kept none. We think it is decidedly to the interest of the State in the management of this institution that there should be a change in this officer.
\Vefindthatthereisnoproper accounting forthe proceeds arising from the sale of the property of the State. This money is all paid to the Steward and by him expended on account of what he calls "petty cash." The Steward is allowed to receive all moneys arising in this way, either from the sale of the property owned by the Stste or for goods purchased by the Trustees for the institution, and which are sold to the officers of the institution and deducted from their salaries. And in addition to this he is further allowed to draw from the funds appropriated for the support of the Institution, smaller sums of money from time to time, but which sums together with the other sources of revenue mentioned herein amount to at least $6,000.00 per year. This amount of money is practically appropriated by the Board of Trusteej;j 'to the Steward to be expended by him nt his discretion in the purchase of small a,rticles, and he docs not account to any one for it. We have no reason to believe it is not honestly spent, but we do not think any monE>y, no matter how small the amount, should be spent by any officer without a voucher showing the amount expended and upon what account it was made. This account is simply a private account of the Steward's.
We find that no inventory of any property of the State

94

Jou.aNAL OF THE SENATE.

is kept as required by law. we could find no inventory
or list of any of the property of the State in the possession of the officers of this institute later than 1896. Up to that time the law requiring annual inventories to be made by all persons having in possession the property: of the State seerua to have been complied with, and the !;teward produced to us inventories of all properties said to be on hand up to that time, but making an annual inventory as required by law, has since that time been discontinued, as we are informed, by order of the Board of Trustees. The inventory referred to here is the one required by Section 275 of the code of Georgia, and as this is a J;equirement of the law we are compelled to find and report that the Trustees in ordering a discontinuance, violated a clear provision of the law as set forth and required in the above Section of the Code. And we also find that the payment of money and the receipt of it by the Steward from property of the State sold, and from the accounts collected by , him for goods sold to the officers as above set forth, was also without authority of the law, as the law of this State requires all money received on account of the sale or from unserviceable property, or other property of the State when sold to be paid into the State Treasury. The expert accountants appointed by us found that a former Steward was due the State on account of the appropriations of money received by him the sum of $300.00. This amount was promptly paid by this officer as soon as his attention was called to it. We had been informed that this payment was made to and rectlived by the Board of Trustees, by what authority we do not know. The Trustees had no authority to receive this money, as it was money that was due the State and not the Sanitarium.
We find that the Trustees draw monthly from the State Treasury, and deposit in the bank of Milledgeville, onetwelfth of the amount annually appropriated by the Legis.

FRIDAY, JuLY I, 1904.

9&

Jature to support the institution, and that all unexpended balances at the end of each year are carried forward into tbe account of the next year. We think that this is a violation of the law and is without authority. We are clear that it is the duty of the officers of this institution, and all others of like character, to cover into the treasury all amounts of money appropriated for the support of the institution that are unexpended at the end of a fiscal yeat. Section 1422 of the Code requires that at least ten Jays before the annual meeting of the General Assembly that the Trustees shall send to the Governor an exact estimate o{ the amount of money required for the support of the institution for the succeeding year, and that they shall set forth under separate and distinct heads all divisions of the several amounts required for each of the departments of the expenditure, to wit: Subsistence, Clothing, Fuel and Transportation, Salaries, Wages, Medical Supplies, Ordinary Repairs and Special Improvements. And it further requiresthat the said appropriation, or so much thereof as may be necessary, shall only be used for the division of the expenses for which it is estimated, and no portion estimated for each department of the expenditures be diverted to or used for any other department of the expenditures. This express provision of the law is not complied with. There is no division of the funds among the several departments o{ expenditure. The appropriation is not made as required by this section of the Code, but this is a clear expression upon the part of the law that only the money annually appropriated for the support ot each department shall be used for that purpose, and certainly does not authorize the use of any unexpended balance of money that had been appropriated for the support of the institution in previous year. The Steward in keeping his accounts follows this statute in the divisions of the account provided for except in having serarate divisions in fuel and trans-

96

JouRNAL oF THE SENATE.

portation. He keeps no account of the ordinary repairs, but this seems to be charged under the head of incidental expenses. The account for fuel and transportation is kept under one head.
\Ve find that all accounts of special appropriations have been separately kept, and we find further the remarkable fact that every one of these accounts balance to a cent. No money appropriated by the State for special purposes bas ever been returned to the Treasury, but if it is not used 1or the purpose it was appropriated the balance is expended on other accounts and charged to this appropriation so as to make the accounts balance.
We find that the Trustees are very careful in the purchase of supplies for use of the institution, practically all supplies being purchased on bids. \Ve examined a large number of the bids and report that we found great care exercised by the Trustees in making purchases in nearly eYery instance. We found that contracts for supplies had been awarded to the lowest bidders if responsible.
The law as to saiaries of officers has not been complied with. The salary of the Superintendent is fixed by law at $2,500.00, and of the Assistant Physician at $1,250.00. See Code, Section 285. In addition to the Section of the Code the sum of $2,500.00 is annually appropriated for the salary of the Superintendent and is thus fixed by each appropriation bill passed. In addition to this amount he is allowed by the Trustees to receive from the money appropriated for support the table expenses of himself and family, all supplies are furnished him free. The furniture in the rooms occn;>ied by himself and family is also furnished out of the fund for support, and in addition to this servants are furnished .him and he is allowed to use for his family use the carriage and horses kept for the benefit and use of the Institution. We do not think that the compenllation received by this valuable officer is in any wise exces-

FRIDAY, JuLY 1, 1904.

97

sive, but we are compelled to report that under the law the Trustees are not authorized to make this increase in the salary of this officer, and that the allowance made to him by the Board of Trustees from the funds appropriated for the support of this Institution is an illegal diversion of the fund.
In regard to the perquisites allowed by the Trustee!! to the Superintendent, Dr. T. 0. Powell, the Superintendent, testified before your committee that ~ince he had anything to do with the Institution, that is, since 1862 or 1863, that this salary of $2,500 had been allowed the Principal Physician, and in addition everything furnished him. Indeed, Dr. Powell testified that this had been the custom since the foundation of the Institution so far as he could go back. 'Ye beg leave to call attention in connection with this matter to a resolution .adopted by the Board of Trustees on December 19, 1872, a copy of which, taken from the offi-cial minutes of that Board, is as follows:
"DECEliiBER 19, 1872.
"Resolved, That the salary of the Superintendent and resident Physician be Two Thousand and Five Hundred Dollars ($2,500.00) as provided by law, and that for the maintenance of his household establishment, including the requisite expenditures incident to his official position, involving the frequent dispensing from his table of specially ptepared food for such invalid female patients as may need it, as accords with his antecedent custom ; and the additional duty of providing ordinary entertainment for those parties who visit the Institution on official and needful bn!!iness, that he be allowed to draw from th(' Steward from time to time as required commissary and subsistence stores and including the said allowance!! to the official matron, to the value of Fifteen Hundred Dollars per annum, and that the said sum shall be it>. full of all other allowances and perquisites of office except quarters and fuel.
" Passed.''

98

JOURNAL OF THE SENATE.

We are compe'lled to think that Dr. Powell must be mistaken in his recollection as t_J;he origin of the custom. It will be observed that the additions were allowed Dr. Green upon the express condition that the requisite expenditures incident to his official position, involving feeding personsfrom his table of specially prepared food for such female invalid patients as might need it, as agrees with his antecedent custom. It would seem from this portion of theresolution that these supplies may have been at one tirr.eallowed the Superintendent because certain of the invalid femal<:l patients were provided by him from his own tablewith specially prepared food. And it seems further from this resolution that he was allowed this increase at that timein consideration of his entertaining persons who visited the Institution on business with the Institution. The additions that he received were expressly limited to $1,500.
The resolution also showed that the Trustees at that time recognized that the Board at that time had no powerto fix the salary of the Principal Physician or Superintendent, for the resolution declares that the salary of $2,500 is provided for by law.
Dr. Powell does not furnish anything to the patients from his table, nor is he required to entertain. We think his salary should be at least four thousand dollars a year, but that it should be paid, all of it, in money, from the, appropriation, and no part of it in supplies.
Since the foregoing portion of this report was prepared,_ Dr. Powell has called the attention of the Chairman of this Committee to the fact that he was mistaken in his testimony as to the furniture in the rooms occupied by him being furnished by the State. He now states that this is only partially true, that a portion of the furnitu~e is furnished by himself. For the want of the inventory required by Jaw to be kept, it is impossible for the Committee to ascertain how much of the furniture was furnished by Dr. Powell and how much by the State.

' FRIDAY,

JuLY

1,

1904.

99'

The Trustees have also increased the salaries of theAssistant Physicians from the $1,250.00, the amount fixed. by law, to from $1,500.00 to $2,000.00. We believe that the salar}es paid by the Trustees to the Assistan~- Physicians are reasonable, but as in the case of the Superintendent, we. are compelled to find that the Trustees had noauthority to pay them increased salaries from the money appropriated for the support of the Institution. It is truethat by the law governing this Board, they are authorized to elect the officers and fix their salaries, but this of coursemeans where the salaries are not otherwise provided by law. It is evident that where the legislature has undertaken to fix the salaries of officers its power is paramount,. and necessarily limits the Trustees in the power that was. conferred up~n them in a general provision of the law~ Until this law is changed the Trustees have no authority to increase their salaries.
In addition to the salaries to be paid in money, we find. that certain officers of the In11titution are furnished homear at the expense of the State.
We find that all physicians and other officers residing upon the grounds are furnished lights and fuel freE:).
We further find that the Steward and Assistant Steward,.. neither of whom reside upon the grounds of the institution,... are allowed in addition to their salaries, lights and fueL The Steward, who resides in the town of Milledgeville, isallowed to haul coal from the Sanitarium for his own use ;
,. that no account whatever is kept of it, but he is at liberty
to order it delivered at his own house at his own discr~tion. He also buys from the funds appropriated for the support of the Institution all the wood that is used by his family at his house. This wood is bought by him at will, and he seems to account to no one for it. The same is true as to the Assistant Steward, who owns and lives in his private house. This of course is a misappropriation of the fund

100

JouRNAL OF THE SENATE.

2ppropriated for the support of the Institution, and werecommend and express the hope that it will be at once discontinued by the Board of Trustees, for we see no necessity for it.
In addition to all of the other allowances made the phy~icians and officers, many of them are furnished houses free '>{ rent on the grounds of the Institution. All of them :are furnished, light, water and heat free. we call especial :attention to the fact, that there are no receipted pay-rolls preserveJ whatever; that of the amount of money paid out .to employees, none of them are required to receipt for it, :and that the method pursued in the payment of employees is exceedingly loose and should be corrected at once.
We find that for the years 1900, 1901, 1902, and 1903, ~mething over five hundred applications had been received -3od the patients not admitted. This was prior to the building of the new building. Of this number, during t:his period, we find from the records that forty-four only "had been confined in the jails of the counties or restrained :at home. A large number of applications had been re~ived and notices sent by the authorities of the Sanitarium -of their readiness to receive the patients, but the persons ~ommitted had never been sent to the Sanitarium. Of those confined in jail we find that in a large majority of -the cases the authorities had been notified of the readiness "Of the Sanitarium to receive them. It was apparent from this report that the number who had been refused admisson on account of want of room was limited, and probably never exceeded one hundred at any time.
We find that where the applications had been accepted and the parties notified, these applications are kept on file :an indefinite length of time, and that they are carried on 1:he records as live applications of parties applying for admission to the Sanitarium. 'Ve think that wherever a _party has been notified and has had a reasonable length of

FRIDAY, JuLY 1, 1904.

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time to have the patient committed, the application shonlcJ be cancelled and stricken from the records.
Your Committee have felt it necessary to make this report in view of the fact of the repeated statement!'~ made tothe legislature and in the public press of the State, that there are confined in the jails of this State four hundred lunatics unable to gain admis!'>ion into the asylum. '.rbe records of the Institution do not bear this out.
Your Committee reports that the internal managementof this Institution, so far as the care and treatment of the patients is concerned, seems to be well nigh perfect Wehave nothing but words of praise for Dr. Powell, the humane, able and efficient superintendent and his able corpsof assistants. The patients receive every attention.
'Ve strongly. recommend that immediate steps be takeo to bring about an immediate change in the business methods of this Institution. The interests of the tax payers demand that the financial officer of this Institution shall be an experienced and thorough book-keeper and shall receive a salary commensurate with the value of his services to the State.
It is necessary that there should be at once inaugurated a complete ahd thorough system of modern double entry bookkeeping in the financial department; that these books should show a complete record or all the financial transaetions of the Institution. The present Steward, who is the financial officer of the Institution, very frankly confesses. to the Committee that be knows nothing of bookkeeping. We have no reason to make any criticism upon his persona) character or honesty, but it is necessarily impossible for him, under the methods used by him to keep track of his business.
The Board of Trustees met with us and we urged these changes upon them in November last, and we regret to have to report that that Board shows no disposition to act.

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upon any of the recommendations made upon the part of this Committee. It is so important, in our opinion, that these changes llhould be speedily made, that if they can not be made with the consent of the .Board of Trustees, we think they should be made and men appointed to these positions who would make them.
We recommend that at the present session of the Legislature a law be passed directing and requiring the Gov-ernor to carry these changes and reforms into effect, and that he be given authority to fill the office of Steward of this Institution.
we further find that the laws in regard to the government of this Institution, as well as the other institutions (}f the State, are in very great confusion. Prior to the Act of 1877, only persons who were paupers were received into the Institution free. By the Act of the Legislature passed in 1877, this Institution was made free to all citizens of this State, and all previous laws dividing them into -classes of pay and pauper patients were repealed. The -codifiers who codified the Code of 1895 have placed all these repealed Iaws again in the Code, and one section of the Code of Georgia now declares that this Institution is free to all the citizens of this State, and another section makes it the duty of the Trustees to divide the patients into pay and pauper patients, and require all persons whose families or estates are able to support them to pay their -expenses in the Institution. This is the law as we find it in the Code. Of course it is impossible of execution. The same conflict runs throughout the laws in reference to this Institution, and we recommend that a general Act be passed at once for the government of the State Sanitarium.
We think especially that the law providing for what -classes of patients may be admitted needs immediate revision. The present law, in our opinion, is entirely too broad. We find that it is the dumping-ground for the poor houses

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of nearly every county in the State. Many patientsare there who really should not be there. They should either be returned to the care of their families, or where they are paupers they should be returned to be provided fo_r by the proper counties. The care of paupers in the State Sanitarium i~ necessarily too expensive, and in the very nature <>f things they can be more economically provided for by the counties whose duty it is to furnish them a support. The officers in this Institution are in no wise responsible for this condition of affairs, as the law allows them no dis.cretion whatever, but compels them to receive every patient .sent here, whether a proper subject for the asylum or not.
Our investigation disclosed the fact that in nearly every instance the patient was committed as a lunatic. There are numbers of patients who are congenital idiots, epileptics and inebriates, but who have been committed to this Institution as lunatics. The committing courts seem to -exercise no care or discretion iu the commitment of patients to this Institution. We found that in one county in Georgia applications had been made for fifteen patients on one day who were inmates of a poor house, but who had been regularly committed by the jurors of that county as lunatics. We believe that th:> passage of a law prohibiting idiots, epileptics and inebriates from being received as patients at the Sanitarium would very largely reduce the -expenses and the number of patients.
'Ve further recommend that no additional money be spent in the erection of new buildings at this place. We think it is now large enough ; in fact too large.
"\Ve find and recommend that there should be some means t>rovided at once for reweighing coal and other heavy supplies received by the car load. About ten thousand tons of -coal are purchased here annually and the authorities have no way of ascertaining its correct weight but have to ac-cept the weights of the railroads and the mines. This must

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be a source of great loss. In our opinion provision should be made at once for placing track scales at this Institution in order to weigh the cars.
We do not find that certain cotton received from rent of land belonging to the State and paid to the Trustees of the Sanitarium is sufficiently accounted for.
The Steward says that where money is collected or the cotton sold it is converted by him into his "Petty Cash',. fund, and that some of the cotton has been used for making mattresses, but no accounts of these rents are kept, and so far as we were able to ascertain the rents are unaccounted for. We don't say that they were not used in this way but this trouble would not have e>.isted if these rents and the proceeds of the cotton had been paid directly into the State Treasury.
The system of vouchers was unsatisfactory. A bill is approved by a Committee of the Board and the Steward draws his check or warrant on the Treaburer of the Institution. The bill instead of being receipted by the party to whom the money is paid, is receipted by the Treasurer and returned to the Steward. This is also true as to the vouchers drawn by the Steward on the Treasurer on account of the Petty Cash fund.
The Trustees have created the office of Dentist. The salary of this officer is $1,200 a year and he is allowed in addition his fuel, lights, and water, and is furnished free of cost a six room house, and is allowed to purchase supplies from the store house of the Sanitarium at five per cent. advance on the original cost.
We cannot find that there was any necessity for creating this office, and we are compelled to report that the salary and allowances made him are altogether out of proportion to the services he renders. There are competent dentists in Milledgeville and a contract could be made by which this

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service could be rendered where it was necessary at much less expense.
We think the salary of the apothecary is entirely out of proportion to the services rendered by that officer, and we further have to criticize the methods of keeping accounts in this office.
We find that in several instances a portion of the amount appropriated for support has been diverted to permanent improvements.
We also find that in almost every case of special appropriations all the appropriation was not consumed for the purpose for which it was appropriated, but a portion of it was diverted to other purposes by the Board of Trustees after having ree;eived the appropriation.
In 1900 the Legislature appropriated $150,000 for the erection of an additional building. We find that the contract price for this building was $140,500 and that the remainder of this fund was spent in grading and building a road and for other purposes not authorized by the appropriation. We also find that the Trustees exceeded their authority in the erection of this building; that at the time the appropriation was made certain plans was submitted to the General Assembly that called for the erection of a building for negroes. That after the appropriation was made the Trustees changed the plans that were submitted to the Legislature and erected a more costly building and one now used for the care of white patients, and that this building is not now finished and au additional appropriation of $15,000, at least, will be required to complete it.

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JOURNAL OF THE SENATE.

ACADEMY FOR THE BLIND.
The Committee met at the Academy for the Blind on the 28th day of December and spent two days in the investigation of this Institution. We went thoroughly over all the affairs of this Im:titution and generally found them in a satisfactory condition, finding but few irregularities and but little to call attention to.
The Committee is impressed by the fact that great economy is used at this Institution.
We examined under oath all of the officers of the Institution except Mr. B. C. Smith, the President of the Board of Trustees. The Committee made several effortsto get Mr. Smith before the Committee, but each time he excused himself on the ground of the press of his private business. We will remark here that this is the only instance in which any officer of any institution in 'the State fail to come before the Committee at its request. We had no power to compel the attendance of witnesses, even those who are -officers of the State. The Committee woull have been glad to have accommodated itself to Mr. Smith's convenience at any time, but he made no suggestion as to when he could meet with it.
There is no system of bookkeeping obtaining here. The Treasurer keeps a single entry set of books, which of course amounts to nothing more than a memorandum and the only thing that we could do was to check his entries with his vouchers.
The Principal of the School, who is elected by the Board of Trustees, is the purchasing agent. He purchases all the supplies of every character by private contract. The bills for the purchase of supplies are submitted to him at the end -of the month, and he submit them to the Trustees, and they also approve them, and a check for the gross amount is made by the Treasurer iu favor of the principal, who pays

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the bills and takes receipts as her vouchers. This method of purchases should be changed. If the amounts purchased are not large enough to authorize contracts being made for the supplies, the bills when approved by the Principal should be paid directly by the Board of Trustees, and we do not think that the money for the payment of them ought to pass through the hands of the Principal. There is no check here at all.
The special appropriation of $4,000 made by the General Assembly for the specific purpose of repairing the roof and. iron fence, and putting in a system of sanitary sewers, was not all expended for this purpose. A balance ot $314.17 was left of this special appropriation after making the improvements authorized by the Act. This money has been kept on deposit in the First National Bank of Macon, and was there at the time at our examination. It should have been returned to the Treasurer as we do not think the Trustees were authorized to retain any balance of any special appropriation made for a specific purpose.
The bank in which this deposit was made recently failed, and it is highly probable that this money will be lost, or at least a portion of it. We think that the Trustees under the law are individually liable; but in view of the fact that they have followed the unbroken custom obtaining in all other institutions and departments in the State, and in view of the further fact that they render this service to the State without compensation, we respectfully suggest that by a resolution of the General Assembly they be relieved from all responsibility on account of this loss.
We also have to report that we find $273.29 of this special appropriation was diverted by the Trustees to the maintenance of the Institution. This was done without authority; the appropriation being made for a special purpose the Trustees had no authority to divert it to any other.
For several years the annual sum appropriated by the

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General Assembly for the support of the Institution was not consumed, but a balance remained at the end of each of these years, which was retained by the Trustees. The increased cost for the last three or four years of mainte~ance ot the Institution over and above the amount appropriated by law has been supplied by the Trustees from the fund thus appropriated. The Trustees in thi<> case followed the universal practice of all institutions with appropriations. The idea seems to prevail among all of them that the money appropriated by the Legislature becomes permanently the property of the Institution to which it was appropriated. The Trustees had no authority to appropriate or use this money to increase the funds set aside by the Legislature for the support of the Institution. Under the law it is the duty of the Legislature each year to provide funds for the support of these institutions, and any unexpended balance should have been returned to the State Treasury. The Trustees had no authority to carry forward these funds from year to year and to increase the appropriation made by the Legislature. The Legislature alone determines the amount each year necessary for the support of the Institutions, and the Trustees bad no authority to increase this amount.
This Board has now in its possession a special fund, the Principal of which amounts to Seven Thousand Dollars. This has grown out of a sum of six hundred and fifty dollars that was contributed by the members of the Legislature of 1854 for the benefit of the children of the Blind Academy, and it has been managed and preserved all these years by the Trustees, until it has grown to its present sum.

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The fund is now invested as follows :
14 shares of South Western Railroad Stoak ..... $1,400 00 2 bonds of the State of Ga., 3~%. $1,000 ......... 2,000 00 1 City of Macon 6% Bond...................... 500 00 4 City of Macon 4~% Bonds, $500 each .......... 2,000 00 1 First Mortgage G. S. & F. R. R. Bond . . . . . . . . . 1,000 00 1 Macon Gas Light & Water Co., 6~% Bond..... 500 00
$i,400 00
The status of this fund is very difficult to determine and there should be some legislation in reference to it.
The Treasurer, since this examination was made has called the attention of the Committee to the fact that at the time of the failure of the First National Bank, of Macon, he as Treasurer had on deposit in that bank $3,178.83, of the funds appropriated for the support of this Institution for the year 1904.
The officers of this Institution, as the other State institutions, are required either by law or by the practice obtaining in the Treasury Department, to draw in advance from the State Treasurer one-fourth of the amount appropriated for the annual support. It is of course necessary when this amount is drawn from the Treasury that it should be deposited in some bank.
In this case we find that this bank was not selected as a depository of this fund by the present treasurer or the present Board of Trustees, but for thirty years or more the funds appropriated for the support of this Institution have been kept in this bank, and the present Trea:surer on coming into possession of the funds of the Institution found theru deposited in this bank and he made no change. He really had no agency in the selection of this particular bank for the deposit of this fund. We are informed that at the time he kept no account himself with the said bank, but did keep an account with another bank in the City of Macon, and did not change the account to the bank in

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JouRNAL oF THE SENATE.

which he kept his private account. While under the law the Board of Trustees and the Treasurer are probably responsible to the State for a full accounting for this money, we think that there is no moral obligation resting upon them to make it good; nor do we think under the circumstances that the State should require at their hands that this fund should be replaced, and we therefore recommend that a resolution be passed for the relief of the Treasurer and the Board of Trustees. No benefit whatever has come to them from the use of this fund in any way, no interest being paid to them for it, and not a dollar of it has ever been used by the Treasurer or any member of this Board except for the purposes for which it was appropriated.
'Ne also investigated the advisability of a change in the location of this school as there is a bill now pending for that purpose, and we submit in connection with this report the evidence of the officers of the Institution in reference to this matter.

FRIDAY, JuLY 1, 19U4.

111

GEORGIA SCHOOL FOR THE DEAF.

Your Committee met at this Institution on the 17th day of February, 1904, and spent two days in its investigation. We examined all the officers connected with thi~ Institution and submit in connection with this report the testimony taken there.
We find little here to criticize. We think the variation in the amount of-coal used from year to year too great. 'Ve find that the coal purchased is delivered at the railroad station and then it is paid for by the weights of the railroads at the mines. We think it is likely that there is great loss on account of the manner in which the coal is purchased. We suggest that there should be. some m~ans. provided for weighing the coal which would prevent any fraud being perpetrated upon the State.
We find that the purchases of this Institution are made under competitive bids from the lowest bidder, and an examination of the bids on the part of your Committee demonstrated the fact that great caution was used on the part. of the Trustees in making the purchases for its support.
It appears from the figures submitted to us that in theyears 1899-1900 there was consumed by this Institution 256 tons of coal; in 1900-1901, 467 tons; in 1901-1902, 494 tons; in 1902-1803, 348 tons; in 1903-1904, 376 tons,. and the Superintendent testified that this last amount would not be sufficient to carry him through the year. Your Committee made a dilligent inquiry in order to ascertain the reason for this difference in the amount of coal used,. but no one connected with the Institution could throw any light upon it. It seems to us that there must have been ac considerable loss in this one item alone.
We find that the Treasurer of the Institution has been in the habit of depositing considerable sums of money in the hands of an agent at Cave Springs to be used for the.
.:0~'

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benefit of the Institution. This was without authority No account is kept of this money by the agent other than a memorandum of the checks paid by him. This practice should be discontinued. The Trea-urer alone should be the custodian of the funds and pay out the same.
There is not a sufficient check kept on the supplies purchased for the Institution after they are delivered to the Institution. No storekeepers' account is kept of the supplies, and no inventory is made and submitted to the Board of Trustees at the end of each month or quarter, of the supplies on hand.
The building for the negroes is kept separate and it is in charge of a negro principal, who is under the general supervision of the Principle of the School. All the supplies consumed by the negroes is delivered to this principal and no accounting for them is required of him. The same supplies are furnished to the negroes as to the whites. It is impossible to tell whether or not all the supplies are consumed, or what amount of them may be stolen after they are delivered at the Institution by servants and those hav ing access to them. We think that greater care should be used in looking after this department of the Institution.
The Trustees last year purchased for the benefit of the Institution twenty-five acres of land. This purchase was made partly from money appropriated for the support of the Institution, and partly from the sale of or a royalty on iron ore mined on the property of the State. The Trustees had no authority to make this purchase or to invest the money in their hands this way.
A considerable source of income is derived by the Tru~ tees from the sale of articles made by the students. The Trustees receive this money and appropriate it generally for the benefit of the Institution in their own discretion. We find and report that it is the duty of the Trustees to pay this money into the State Treasury, and that the retention of it and the investment of it by them is illegal.

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113

None of the money that is appropriated for support by -the Legislature that is unexpended is ever returned by the Trustees to the Treasury but is applied generally to a per,manent fund for the benefit of the Institution. In this, however, they follow the unbroken precedent heretofore ,referred to.
We were unable to get any exact account from the Trustees as to the amount received l1y them from the royalty on the iron ore mined on the lands of the State. We find that they had no ap.thority to make a contract for the sale of this .ore or to receive the money and appropriate it to the use .of the Institution. The land is the property of the State and not of the Board of Trustees. We recommend that the Governor take steps to prevent the further sale of this -Qre on the part of the Trustees. We suggest that the .State Geologist be required t() make an examination of this property and report to the Governor the extent of this mine and its probable value.
We find here, as elsewhere, that the whole fund appropriated for the support of this Institution is drawn quarterly in ad\ance from the State Treasury, regardless of the needs -of the Institution. This seems to be required either by law or the custom of carrying out the appropriations made by the Legislature.
There was here au inventory made and kept of the States property, partially as required by law. It is not recorded in a book or sworn to or made at the time .the statute re--quires.
The Trustees have failed to comply with the law as contained in Section 1324 of the Code requiring the contracts -of the Board of Trustee~ to be valid to be recorded by the secretary in a book kept for that purpose, and signed by the President and countersigned by the Secretary.
We recommend that in future no part of the annual ap'j>ropriation shall be used for the purchase of clothing for
88j

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JouRNAL OF THE SENATE.

the children, but that the parents he required to furnish) clothing, and in cases where they are sent by the counties~ as paupers, that the counties be required to bear this expense. 'Ve recommend th11t the law requiring the clothiugof childten upon the certificate of the ordinary that the parents are unable to furnish clothing be repealed.
The buildings ~;et apart at this Institution for the care, support and ~ducation of the negroes is a disgrace to the State. A. sufficient amount should be at once appropriated to renovate, repair and properly equip these buildings, and provide means for the education of this class, or the de- partment for the negroes should be abolished. The money now appropriated and paid ouf for their support and education at this Institution i~ simply wasted. The pupils in. this department are not taught anything that would be of any value to them, and it is of no benefit to them to be simply taught to read and write and then to be turned out in the world with no means of earning a living. Means should be provided at once to have them taught some trade, because the education they now get is not only of no benefit to them, but only serves to make them unhappy.
We find that no adequate means are now provided for heating or lighting the buildings now used by the negroes.. The school generates its own electricity, and at a little ex- pense the lights could he supplied to the negro building. The school also has a steam heating plant and the pipesfrom this plant ought to be carried into that building. There is great danger from the present arrangement of. heating and lighting the building.

FRIDAY, JUJ,Y 1, 1904.

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SOLDIER'S HOME.
We find all the money appropriated for the support of this Institution properly and legally used. No inventory of the property is made and kept as required by law.
We think that an appropriation is very much desired to extend the water pipe from its present terminus to the Home.
Your Committee take great pleasure in being able to report that they find here absolutely nothing to criticize in the management of the Home and everything to commend.

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UNIVERSITY OF GEORGIA.
The Committee met at the University of Georgia on the 16th day of February and spent one day in the examination of the affairs of that Institution.
'Ve found all the funds with which the officers were chargeable to be properly accounted for. The funds of the University were well invested in securities of different kinds, except $90,000 held in the State Treasury and upon which the State pays to the University the annual interest of seven per cent. a year. The other funds of the University are invested in bonds of the State or of corporations within the State. They were all produced to us by the Treasurer and co~nted by the Committee. These bonds are kept by the Treasurer in a safety deposit vault in Athens. We think a sound public policy would demand that as these are the 3ecurities of the State of Georgia they should be deposited in the Treasury of the State.
Tb.e funds of the University are also kept in the Banks in .4..tbens. Your Committee will make a general recommendation in this report in reference to these appropria2ions to all the Institutions.
We do not know by what law the $90,000 is carried in the Treasury to the credit of the Institution and seven per cent. paid. The State has used this mouey and it is really
a now in the shape of debt due by the State to the Uni-
versity of Georgia. How this debt was contracted we have not been able to ascertain, but it has been recognized by the Legislature for many years as a debt on which seven per cent. interest is paid. This Interest is paid by the Treas~rer of the State under the authority of the annual' appropriation act. The money to pay the interest is appropriated in the appropriation bill,;, but it is not appropriated to pay the interest on the General debt of the State under the authority of the General Appropriation Act, but it is a ~pecial appropriation to pay the interest on this fund.

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117

The Treasurer has in his possession and deposited in one of the Banks in .A,thens $23,000 collected from the Insurance companies on the policies of insurance on the building recently burned and known as Science Hall. The Trustees immediately appropriated this money for the purpose of replacing the building burned and at the time of our examination contracts had already been made by the Trustees for the construction of the building. Our opinion is that this money should have been paid into the State Treasury, and that the Trustees only had the power to collect it, and that under the law as.soon as collected it should have been paid into the State Treasury, a11d that the Trustees were without authority to appropriate it for any purpose, but that it could only have been appropriated by an Act of the General Assembly.
The Trustees have just completed a new building, an addition to the Library Bqilding. This has been without any special appropriation but was built out of the income of the University from its permanent investment. This building will add a great deal to the capacity of the school.
We find that the building known as the Old College is in what we consider a dangerous condition. 'Ve understand that since our visit this building has been condemned by the Board of Trustees. We strongly recommend that the necessary fund be appropriated at once for the purpose of the construction of a new building in the place of this one, and that this building should be immediately torn down.
There are many improvements and repairs on the buildings and grounds which are needed. The Chancellor informs your committee that with the present annual ai;propriation for the support of the University the improvements can be made from the other sources of income. We are of the opinion that these improvements are necessary and should be made.
We tlink that as the branch colleges are really branches

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and parts and parcels of the State University, that they should be brought in closer touch and more directly under the control of the Board of Trustees of the University of Georgia. The present financial plan is that all the money appropriated by the Legislature for the support of the University and all the branch colleges is paid directly into the Treasury of the U oiversity, and the Treasurer pays over to each branch college in bulk the amount to which it is entitled and this ends his connection with the matter. None of the branch colleges account to the Board of Trustees or to the Treasurer for the disbursement of these appropriations. Each of the branch colleges has a local treasurer and this officer disburses the funds of the Institutions. We see no necessity for this. We think that the Treasurer of the University ought to be paid a salary suffi. cieot to authorize the employment of a man in this office who would be the disbursing officer of all the branch colleges, and that the fund should not be separated and divided among them. We are of the opinion that this officer ought to be made a State officer, and that he should be appointed by the Governor by and with the advice of the Senate. Where necessary the local boards of trustees might be authorized to employ at a small salary a bookkeeper for the purpose of keeping books of accounts contracted and all money paid out of the appropriations for the support of the branch colleges and of the University. We recommend the enactment of laws to carry these suggestions into effect.
We find no inventory of the property here kept as required by law. We did not find any proper payroll at the University or any of the branch colleges except at the School of Technology, the North Georgia Agricultural College at Dahlonega, and at the Georgia State Industrial College for the Education of Colored Youth at Savannah. All of the salaries are paid by checks and the only evidence of the payment of the salaries is the endorsement on the checks.

FRIDAY, JuLY 1, 1904. _

119

STATE NORMAL SCHOOL.
At the Normal School we find a very good system of 1bookkeeping and accounting and they use a system of vouchers, which, while not perfect, is a very great improve. ment over those used in nearly all of the other institutions. We find that the appropriations are properly aceounted for and the money used tor the purposes for which it was appropriated. The management of the school is -tlfficient and the work accomplished satisfactory.
We commend this school to the favorable consideration <1 the General Assembly and we think that it is doing a great work in behalf of the teachers of the State.

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JoURNAL OF THE SENATE.

THE GEORGIA NORMAL AND .INDUSTRIAL COLLEGE.
From the books of this Institution we could not ascertain anything as to its financial transactions. The Treas-urer of. this school had proper vouchers for all the money that had passed through his hands, but the system ot bookkeeping was so defective that it was impossible to tell any-thing about the finances of the School from its books.
We earnestly recommend that the Board of Trustees of this School at once employ a competent bookkeeper. The work of this School also seems satisfactory, and your Com-mittee thinks that it is in the hands of an able and earnestcorps of teachers, and that the money appropriated for its support is properly used and well spent.
The buildings here seem to be generally in faircondition . We found here no inventory and no attempt to comply; with the law upon this subject.

FRIDAY, JuLY 1, 1904.

121l

THE NORTH GEORGIA AGRICULTURAL COLLEGE.
We visited this School at Dahlonega. S.o far as we could' ascertain all the' moneys that have been appropriated herehave been properly accounted for. The present Trea'surer has opened a set of books in which the accounts of the School are kept, and it is an easy matter to find out from his books the exact condition of the school's finances. He had on hand all the necessary vouchers for the amountsexpended by him. This system of bookkeeping only goes back a few years, as the former Treasurer kept no separatebooks for the school, but the accounts of the school were carried in his private books.
The appropriation for the girls dormitory was all accounted for. Some small portions of this had been diverted! by the Board of Trustees for other improvements which. were not authorized by the Act, but this was done on theidea that the money if not needed for the construction of the building provided for in the special appropriation billbelonged to the school. The misappropriation of this fund 'only amounted to a few hundred dollars and was used by the Trustees in making improvements upon the property ofthe echool, It was all accouted for but was ilJ.egally diverted to purposes other than that for which it was appropriated.
The money appropriated for the girl's dormitory did not seem to have been demanded for this purpose. It is a large building, three stories in height, perfectly equipped with. dining room and kitchen, tables and furniture, and althciugh the school was in session at the time of the viRit of your Committee, we found only two occupants of the building. We are informed that since its completion a year ago they have only had five students in the building_ We hope that the Trustees will find some better use to put. this building to.

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We find that this school is accomplishing a great work ior the section in which it is located. Perhaps no money appropriated by the State of Georgia for educational purposes has ever been as well spent as has been the money appropriated for the support' of this school. There has been a great progress and development in this section of the State, and nearly all ot it can be traced to the influences of this school, and the school will always remain as
w. ..a monument to the founder, the Honorable P. Price.

FRIDAY, JULY 1, 1904.

123

THE TECHNOLOGICAL SCHOOL.

We found a strict compliance with the law in reference

to all appropriations made for the support of this school,

:and your Committee was much interested in the work being

.Jone here. We are satisfied if the school continues to be

developed along the pre8ent lines, it mt1st in the near future

11rove to be of great value not only to the State, but to the

centire South.

Your Committee was especially impressed with the equip-

ment of the textile department of the school and with the

-character of the work turned out by the students in this

Department.

We think it is to the interest of the State that the de-

velopment of this school should be an especial care on the

part of t.he Legislature. The money appropriated we be-

lieve is well spent and the school is of great advantage to

the State.



124

JOURNAL OF THE !SENATE.

THE GEORGIA STATE I~DUSTRIAL COLLEGE FOR COLORED YOUTH.

We also visited this school at Savannah. We found the financial system of the school well nigh perfect. All the money is accounted for and none can be disbursed except upon th~ proper authority. There is in use here a system of vouchers that is a complete check on every cent of money spent. These vouchers all show on what account they are drawn. They are accompanied by the proper bills and have to be approved by the officers of the Board of Trustees or Board of Control before they are authorized to be paid. The system of bookkeeping is a perfect one. We found in this Institution the only perfect system of dealing with public funds on the part of the officers of the Institution, and we respectfully recommend that each Institution in the State handling public money should adopt the system now in vogue in this school. No money can be diverted and none can be lost without immediate detection. The books and papers of the Institute show to a cent at any time its financial condition, and if the same system was in use at all of the State Institutions we believe that there would be a great saving to the State.
The system of the bookkeeping and the financial management of the Institution are entirely under the control of Honorable P. W. :Meldrim, President of the Board of Control, and Col. Jordan F. Brooks, the Secretary and Treasurer of the Board. Mr. Meldrim gives to the Institution,. his close personal attention, and its success can largely be attributed to that fact.
We believe that the work being done in this Institution in the education of the negro is on the right line. We were much gratified by our visit to the school. The State here has come into the possession of large and beautiful grounds, valuable and commodious buiidings, and a school

FRIDAY, JULY I, 1904:.

125

well equipped for its purposes, without the coet of one dollar to the tax payers of the Stat'. Many of the buildings have been er"cted by the students themselves, the material being purchased by the Trust"es by wise and economical management out of the funds appropriated for the support of the- school.
There is now on the grounds a large three story building used for the purpose of dormitories for the students that has been erected entirely by these negroes. This building, however, is not complet"d for the want of sufficient funds to purchase the material.
The education received by the negroes at this place we :regard as highly beneficial to them. They are all taught some trade. The average number in attendance is about -five hundred. Of this number we find thal only thirtytwo are being taught anything beyond the ordinary rudiments of an English education except the sciences of
a .Chemistry and natural philosophy. We find thirty--two of
them pursuing course in Latin. No other languages ex-cept English and Latin are taught in the school. Th" .students are taught to do sewing, dressmaking, cooking, washing, tailoring, bricklaying, blacksmithing, carpentering, harness making, shoemaking, and painting, and we believe from what we saw that they are being well taught.
This Institution receives no appropriation whatever. from the State. The appropriation that is made annually by the State is really the money r"ceived from the landscript fund of the United States, and which the State receives with a .distinct understanding that a portion of it shall be devoted to the education of the negro. Your Committee desires to state that this Institution is entitled to some recognition at the hands of the State; in view of the fact, especially, that there is now in the State Treasury $~4,000 that under the contract of the State with the United States government is due by the State on account of this laadscript fund,

126

JouRNAL oF THE SENATE.

and at least this money should be appropriated from timeto time for the benefit of this Institution. w~e do not recommend that it all be paid in one year, but the State should make appropriations for the development of this school from time to time until at least this $24,000 hasbeen appropriated.
We think that this school is a solution of the question of negro education. It is entirely under the control of the State, and directly unuer the supervision of the Chancellor of the University of Georgia, and the Board of Control are all white men of great prominence in the State. The _teachers in the school are Southern negroes, and the idea developed in the education of the negro at this schooi isthat the negro is and must remain a menial in the South. He receives nb false education here. He goes out with no false ideas as to what education means to him, hut from the beginning to the end of his course in this school he is taught-that he is being- educated to work, and that by work he must earn his breaJ. The Principal of this school impressed your Committee as being a man thoroughly in earnest, and one who appreciates the condition of his race in the South and the character of education that is needful for them.
It is absolutely necessary that th~ white people of thisState should control the education of the negro. The teachers employed in the public schools for negroes, should be teachers educated in Institutions like this one, trained by the State with a view of giving the negro the amount and character of education that has been determined by the white people of the State. The great difficulty which your Committee desires to impress llpon the Legislature in the proper solution of this question is on account of the character of the education now received by the negroes. Thisis because the teachers who are employed by the State aregenerally trained in schools which are not under the con-

FRIDAY, JuLY 1, 1904.
trol of the State and who have an idea of education which is mischievous in the extreme. If the white people of the State do not educate the negroes themselves, people who have no idea of what is the proper education, will do so, and they will develop him on lines which render him dangerous as a citizen.

128

JoURNAL OF THE SENATE.

PRISON COMMISSION.

We find in the Prison Commission that the Commission pays the secretary or clerk of that body $1,560 a year. :Section 5 of the Act of December 1, 1897, creating the Prison Commission provides for a clerk of that body whose -duties shall be determin~C'd by the Board and whose compensation shall not exceed $1 ,200 a year. The sum of .$1,200 is appropriated in the General Appropriation Act tor the Clerk of the Prison Commission. The Commission -daim that they pay him this amount as clerk and the addi-tional amount of $360 a year as bookkeeper for the Commission. The only authority that the Commission could ,ghe for this extra p~ymeut, was the opinion of the Attorney-General at the time they made the appointment. We -do not know upon what this opinion of the Attorney-Gen--eral was based as it was not furnished to us. The extra thirty dollars a mouth is paid out of the appropriation made by the Legislature for the support of this department. The payment of this extra sum out of the appropriation made for the support of the department we think in violation of :Section 8 of the Appropriation Act of 1902, and this payment is expressly forbidden in that section of the law. Your Committee are therefore compelled to find and report that the payment of this sum by the Com_mission is without authority of law, and we are of the opinion that the members ~f the Commission are personally liable for -the amount thus expended by them, and unless the same is legalized by an Act of the Legislature they should be re-quired t~ refund that sum to the Treasury.
As will be seen in other parts of this report, we find the custom of State House officers paying out money for salaries contrary to law entirely too prevalent, and we think that it is a great evil. The whole policy of the law is that the ;>Ower to create offices and to fix the compensation of

FRIDAY, JULY 1, 1904.

129

the incumbents is vested alone in the Legislature, so far at least as 'the officers of the executive department of the government is concerned. So strong is this principle that in every appropriation Act the officers of the Stat~ are expressly prohibited from paying any money from any fund to any person as salary or otherwise unless the same is authorized by Jaw.
We find that no books had been kept by the Prison. Commission for the first two years after the organization of the Commission ; no books of any kind were kept exc~pt the bank-books and vouchers of accounts paid.
The books now kept in the Prison Commission show correctly all the transactions of the office passing directly through the office of the Prison Commission, except that there are no vouchers there other than the checks paid.
At the time of the examination of the office of the Prison ComD'.,sion by your Committee, to wit : on the 17th day of May, the Commission had deposited to its credit in three banks in the city of Milledgeville, $18,002. This money was deposited to the credit of the Commission, and we were informed by the Chairman of the Commission that it arose from the sale of cotton raised upon the prison farm. No money arising from the sale of any products of the farm were ever paid into the State Treasury, and no accounting was had with any department of the State government by the Commission for money thus received by it. The Commission claimed the right to appropriate the money arising trQm the State farm to the support of the department. We can not agree with the Commission in its contention that it is entitled to retain in its control this large amount of money, the property of the State. The Act creating the Commission provides that the Commission shall sell to the best advantage all surplus of the penitentiary, and shall apply the proceeds thereof to the institution as may Le necessary, bu~ also provides that the sur-
9Bj

130

JouR~AL oF THE SE~ATE.

plus of this fund shall be p2id illto the State Treasury annually. In view of the fact that the Legislature each year makes an appropriation of an amount in its judgment sufficient for the support of this department of the State governiuent, we are of the opinion that this amount received, especially from the sale of cotton raised on the farm, is a surplus fund and is required by law to be paid into the State Treasury.
'Ve recommend the imrr.ediate adoption of a resolution directing the Governor to have the Commission account to him for said fund and to require the same to be paid at once into the State Treasury.
This large amount of money is now kept on deposit in three small banks in the town of Milledgeville, and the State has no security for it as i'ar as we know. As will be seen further on in this report it is subject to the check of the superintendent of the State farm at his pleasure.
In addition to the amounts so deposited in banks, th!Olre was at the time mentioned ot the annual appropriation made for the support of the Prison Commission the sum of $1,620 deposited in the Lowry National Bank of the city of Atlanta. The Chairman of the Commission stated that h~ was compelled to draw this money from the State Treasury monthly in advance and deposit it to the credit of the Commission. We know of no law authorizing the Commission to take the money from the Treasury and deposit it in banks and there keep it on deposit. We ihink the law intends that the Commission shall make to the Governor a quarterly report ofall of his receipts and expenditures, and that the Governor shall draw his warrant to cover these expenditures, and that the money shall at c.nce be paid out by the Commission in the settlement of the .debts contracted by. it. ,J ndge Turner, the Chairman of the Commission stated that the Commission objected to drawing the lllOHl'J this Way and depositing it in the l.Jauks.

FRIDAY, Jur.Y 1, 1!)04.

I;n

We did not find in the office of the Prison Commission any inventory of the property belonging to the State. Our examination discloses the fact that the Prison Commission have very little knowledge of the business transacted on the prison farm. It will be seen from an examination of the testimony of Mr. K. R. Foster, former superintendent of the prison farm, that five hales of cotton of the crop of 1902 were stolen, but be does not know by whom, but he gives it as his opinion that it WhS stolen by an ex~ convict named Certes, who had served a term in the penitentiary for the crime of forgery, and who, after his term expired, had been employed by the Commission and placed in charge of this and other property of the State.
Judge Turner on the part of the Commission claims that he does not know that any cotton was ever lost. He says that he does not know whether it was a mistake in the count of Foster or whether it was lost. The fact is that immediately after the loss of this cotton was discovered this ex-convict left the employment of the State without notice and bas never been seen or heard of since. How much more he carried off or disposed of, if anything, there is no way to find out. Under the present conditions existing on the State farm, and the entire absence of any records of what is produced on the farm, or what is disposed of, it is impossible to tell what is annually lost to the State at this pl:we. Mr. Foster informed the Committee that while he wa!l in charge he knew of several hundred hmhels of cotton;;eed which were stolen.
We found that no inventory of any of the property on the farm had ever been made until Mr. Coombs, the new superinteudent, who came into office in November last, took charge. This inventory was not made under the direction or by the orders of the Commission, but was .made by Coombs himself for his own protection~ and was his pti\ate paper, and it was not made in accordance with the law, nor

132

JOURNAL OF THE SENATE.

because it was required by law. This inventory was not the inventory that the law requires to be made.
There was no attempt on the part of the Commission when the change was made in the superintendent of the farm to have the law complied .with as to an accounting on the part of the former superintendent for the properties of the State which had been in his possession. No member of the Commission, nor any one representing that body, was present at the time the change was made to see that a proper accounting was had with the former superintendent. Coombs was elected by the Commission superintendent instead of Foster and was simply directed by the Commission to go to the farm and receive the property from ]j'oster. Foster delivered to Coombs no inventory, did not show him what was on the farm or with what he was chargeable, but simply stepped out of the< position and Coombs came in as his successor. After Coombs came into the office of superintendent he made the inventory above referrtd to for his own protection.
Your Committee are unable to understand the absolute failure of the Commission in this important particular to observe a plain requirement of the law.
In the original construction of the buildings at the State farm a large amount of money was expended by Foster, the superintendent, and we find no proper accounting for this money on his part. We do not say, nor have we any evidence, but what it was honestly spent, but we have no evidence whatever that it was properly spent in accordance with the law. Foster contracted the bills, Foster approved. the bills and they were paid by the Commission without any examination on their part according to Foster.
Coombs, the new superintendent, testified before the Committee that when be desired money for any purpose he drew on the bank at :Milledgeville; that when he came there Capt. Foster informed him that there was certain money

FRIDAY, JULY 1, 1904.

133

there to be drawn on to pay his bills; that he never put it in the bank and be did not know bow it got there; that all he knew about it was that Capt. Foster told him that the money was there and be could draw on it as superinteodent; and that Foster was to manage it so that Coombs could draw it out. Coombs did not know bow the money got there, or by whose direction or whose authority his checks were paid by the bank. There appears to be no limitation of the power of the superintendent to check on this fund.
We think that the superintendent should be required to make a requisition by a proper voucher directly upon the office of the Prison Commission for the money needed by him, and that he should not have authority to check at will upon the funds of the State deposited in the bank. The cash needed by him should be supplied to him directly by the Commission.
The superintendent also informed your Committee that he was required to furnish a certain amount of tobacco and supplies to the wardens of the two different departments for the use of the convicts; that by the rule of the Commissionbe was required to furnish for each convict five pounds of meat a week and tobacco to each convict, a~d that in case the convicts did not use tobacco they were permitted to draw it and sell it. The supplies of both provisions and clothing were issued in bulk on the requisition of the warden, and there was no accounting on their part for it to any one.
Your Committee is of the opinion that in this matter of issuing supplies for the convicts the State is entirely at the mercy of the wardens. Five pounds of bacon a week in addition to a ration of fresh beef for each convict, sick or well, strikEts your Committee as not only being liberal but extravagant. It appears from the rations thus issued as much as five hundred pounds of bacon has accumulated in

134

JouRNAL oF THE SENATE.

hands of the warden at one time. The superintendent has no control whatever over either of the wardens, the wardens having absolute charge of the convicts.
We are of the opinion that this should be changed; that the superintendent should be the officer of supreme authority and directly responsible to the Commission for the proper management of the farm and the convicts.
We further recommend that provision be made at once for the employment of a competent bookkeeper at the prison farm, and we recommend that a complete inventory of all the State's property there should be made at once as l'equired by law.
-we think that the Commission, or some member of it,
should be required at least quarterly to visit the State farm and make a complete and thorough inspection of it in all of its departments.

FRIDAY, JuLY 1, 1904.

1J5

EXECUTIVE DEPARTMENT.

The records in this department at present are well kept. We found that the law as to keeping a book for the record of bonds had not been previously complied with, but a record of these bonds were kept on the executive minutes. This has now been changed and a book prepared for the record of these bonds.
We found all the bonds required by law to be deposited . in this office are in proper shape and all accounted for.
The book of commissions, showing when commissions are issued to all officers, we found kept as required by law.
We found no book as required in sub-section 2, section 141 of the Code, in which is entered a full account of all annual appropriations. There is a warrant book which shows each warrant drawn, for what account, in whose favor, and on what appropriation, but this book is not a compliance with this law.
There is no book kept in reference to the public debt as required by subdivision of section 141, but we find a book similar to this kept in the office of the Secretary of State. We could not find any law requiring this book to be kept there.
Section 141, subdivision 4, requires a book in which shall be kept copies of all bonds of agents disbursing public funds. No such book as this seems to be kept. The bonds above referred to and the record of them are the bonds of certain officers of the State which are required by the law creating the office to be filed with the Go"Vernor. In each instance w~ found that law had been complied with, but the ~Section now referred to seem8 never to have been complied with in the executive office.
We find properly deposited in this office the bonds of all of the State depositories. We recommend that all of these bonds be required by hw to be recorded in" a bond book,

136

JOURNAL OF THE SENATE.

and that a copy of the bond taken from said book shall be. admissible in evidence whenever the original is shown to have been lost or misplaced in any suit brought on the bond.
We find with but few exceptions that all the bonds of the State depositories are personal bonds, and we believe that the securities on the bonds are generally the officers and directors of the bank!!.
Subdivision 7 of the above-recited act requires to be kept in the executive office a book or books containing a list of the respective number and districts of the several lots of land disposed of by the several land lotteries. We do not understand .how this law comes into the Code, as we can not find that any such record has ever been kept in the executive office for a number of years. We find~ that these records are kept in the office of the Secretary of State.
Your Committee desires to commend especially the efficiency of the present clerks in the executive department.

FRIDAY, JuLY 1, 1904.

137

SECRETARY OF STATE.

The records in this office show that the incumbent ha~ fully accounted for all money received by him, has paid the ~mme into the State Treasury and has the proper vouchers.
Subdivision 4, section 181 of the Code, requires that this officer shall keep all bonds of agents appointed to disburse public moneys. The Secretary of State informs us that no such bonds are in his office, nor have they ever been de posited there so far as he knows. The law just above referred to requires these bonds to be recorded in the office of the Governor, and another section of the Code requires them to be deposited in the office of the ComptrollerGeneral. No bonds of this character are deposited anywhere under these general sections of the Code. The bonds of the agents of all the educational and charitable institu"tions are deposited with the local boards of trustees, except that of the Treasurer of the State Sanitarium, which is required by law to be deposited in the executive office. We call attention at another place in this report to the conflict in the laws regulating the different executive officers, and to the codification of many laws in the present Code which have been repealed or are necessarily ?bsolete.
The Secretary of State informs us that he has never been called upon to perform any of the duties enumerated in subdivision 5 of the above-recited Act, except to furnish to the General Assembly stationery, and that no appropriation has ever been made to him for the payment of bills provided for in that section as required by the same.
We find in this office that there are thirty-four counties in the State of which there is no official map of file. The maps of many other counties are in very bad condition from constant handling, and we recommend that an appropriation be made to have these maps placed in proper shape.

JOURNAL OF THE SENATE.
We also find that many of the old records in this office are in very bad condition from age; the pages discolored, the ink fading and the backs rotten. These are manuscript records and of great value to the State. We would recommend that immediate steps be taken to have them transcribed and printed.

FRIDAY, Jur.Y 1, 190-1.

13~

STATE LIBRARIAN.
This officer keeps no books, and it wae impossible for this committee to take any accounting of the money that has passed through his hands. The methods pursued in this offic~ in reference to the large amount of public money received are entirely too loose. Large amounts of money pass through the hands of the incumbent of the office and nothing more than a memorandum entry of the amount received and the amount paid into the Treasury is made. He should be required to keep a book showing exactly the moneys received by him, from what source, and on what account. He should be required to submit to the Comptroller-General a detailed statement monthly of all the moneys received by him, from what sources received~ and on what account, and exhibit a receipt from the Treasurer to balance the same.
There is no inventory of any of the books or other property in charge of this officer in existence. This should be corrected at once.
We further find that many valuable books belonging to the Library are stored in the cellar of the capitol, and that these books a~e many of them in bad condition and being rapidly destroyed. Adequate provision should be made at once for removing these books and placing them upon shelves in the State Library. When this is done the State will save a great loss from the destruction of many valuable books.

140

JOURNAL OF THE SENATE,

ADJUTANT-GENERAL.
It appears from an examination of the records of this -<lffice that there has been received from the United States Government the sum of $3,366.48 on account of the transportation and subsistence and payment of officers and enlisted men of the State troops while in the encao;Ipment last summer. This amount was deposited in bank to the credit -<lf the Adjutant-General. This your committee finds is contrary to law and without authority. The law expressly requires that this money should be deposited in the State Treasury, and the Adjutant-General's office has not the power or authority to disburse this fund. We recommend that the Governor be required to see that this money is paid into the Treasury as required by law.

}"'RIDAY, JuLY I, 1904.

14:r

STATE SCHOOL COMMISSIO:YER.
We find the records of this office well kept and this officer has proper receipts for all money paid out or received by him.
We find that there is paid out of the school lund by theSchool Commissioner fifty dollars a month for a stenographer, and also that the janitor ot the department is paid out of this fund. There is no authurity to pay the sa1ary of any officer or employee out of the money appropriated for the common schools. These payments we therefore find to be an illegal use of the appropriation.
The School Commissioner also testified that the county school authorities used the money appropriated for the support of the schools in the erection of school buildings. This we alsfl have to report is in our opinion an illegal use of: this money.

142

JOURNAL OF THE SENATE.

GEOLOGICAL DEPARTMENT.
In this department we find by authority of the geological survey the State Geologist was authorized to employ a clerk and pay him a salary of fifty dollars a month. The law creating the survey expressly provides that all of the clerical force should be furnished by the Department of Agriculture, and there is no provision of law for paying the salary of this clerk out of the appropriation for the support of the department. We think that this is illegal. The same is true as. to the amount paid the secretary of the survey and the amount paid one of the capitol guards. We recommend that until there is authority of law for this use of the money appropriated for this department that these payments from this fund be discontinued.

FRIDAY, JUJ.Y 1, lHOL
ATTORNEY-GENERAL.
The Constitution expressly provides that the salary of the Attorney-General shall be two thousand dollars. We find that all of the officer's who have occupied this office since the adoption of the Constitution, including the present Attorney-General, have received from the State, in addition to this salary, fees and their expen~;es for services rendered the State in cases outside of the State. The construction placed upon this clause, as we are informed by the Governor, was that the Attorney-General by virtue of his office was not required to represent the State in cases tried in courts out of the State ; that he was only required to render services within the territorial limits of the State, and that in matters arising out of the State requiring the services of an attorney, the Governor was authorized to' employ an attorney to represent the State other than the Attorney-General if he saw fit, and that his services in this class of cases was not performed by virtue of the duties imposed upon him as Attorney-General, but under special employment by the Governor. This has been the unbroken construction placed upon this clause of the Constitution by all the chief executives of the State, as we stated above, since the adoption of the Constitution of 1877. We would suggest, however, that this is rather a matter for the Legislature to d~al with than the Governor. It is possible that this may have been the intention of the Constitution, but if so, we are of the opinion that payment only could be authorized for these services by the Legislature. It might have the power to give this construction to the Constitution if it sees fit, but we doubt if there is any law in existence that authorized the Governor to pay the Attorney-General for services rendered in this way.

144

JOURNAL OF THE SENATE.

CO : \ I P T R O L L E R - G ENERA.L.
This office has already during the present Legislature been thoroughly examined by a committee from the Senate and House; this committee, except the chairman, who was not.a member of the committee at the time the examination. was made. The committee did not think it necessary to have the experts make a complete examination of the office, and we had no reports from the experts in this office, as they were suspended in their work by the order of the committee.
The office of the executive, this office and the TreasurE;r's office under the system now prevailing is each a check on the other. We examined the records in this office and found them all in fine condition and complete. All the records necessary to the check of the office and aU those required by law are properly kept. The work in this office is very much crowded, and with the allowance made by the Constitution for the clerical force of the office it is impossible in the present condition of the office for the work to l>e properly done. The business of this office has grown immensely and will continue to grow as the taxable property of the State develops. The State has no more faithful and efficient officers than the present incumbent of this office and his able corps of assistants.

FRIDAY, JuLY 1, Hl04.

145

STATE TREASURER.
We found all the books required by law to be kept in this office properly kept Pxcept as follows: The book required by section 202 of canceled bonds. Thi'3 book, we are informed by the Treasurer, so far as he knows has never peen kept in this office. This section of the Code seems to be in conflict with sub-section 14 of section 199, which requires that when bonds and coupons are paid they are to be deposited in the vault of the Treasurer subject to the order of the General Assembly. The section first above referred to seems to make this record of canceled bonds a permanent one. The section last referred to only requires the deposit of the bonds and leaves them subject to the order of the General Assembly. Section 1007 of the Code requires these bonds simply to be preserved in' the office of the Treasurer in the same manner and with the same care as the funds of the State. These acts are clearly in conflict and should be amended or repealed.
The Trea'3urer and his clerk we find to be men careful, conscientious and faithful in the discharge of their duties. All the money that has been paid into the Treasury has been properly accounted for and the books of this office balance with those in thtl Comptroller-General's office.
This office has also been examined by your committee at the time the Comptroller-General's office wa& a few months ago.
lOs j

146

JOURNAL OF THE SENATE.

KEEPER OF PUBLIC BUILDINGS.
We could not make any very extensive examination of the office of Keeper of Public Buildings on account of the recent death of Mr. Revill, his successor having come into office only the day before your committee visited it.''
We found in this office what appeared to be a complete inventory of all of the property of the State in the State House and in charge of the Keeper of Public Buildings and also in the Governor's Mansion. This inventory was made by Mr. Revill and was hardly completed at the time of his death. It had not been entered on a book or sworn to as required by law. This is the only inventory of this valuable property of the State that we could find, and we do not suppose that any other was ever made. We recommend that Mr. Revill's successor at once have this inventory entered in a book as required by law, and express the hope that in the future the Governor will see to it that the law in reference to an inventory of the property in the State House will be complied with.

FRIDAY, JuLY 1, 190-t.

147

COMMISSIONER OF PENSIONS.
We find the records in this office in a very unsatisfaciory condition. The books required to be kept by the Pension Commissioner are correctly kept so far as your -committee could ascertain, except that he had issued checks in some cases without proper authority. The pensioners had signed powers of attorney to one person authorizing him to receive the checks, and in some cases he had issued :these checks to other persons without authority. This was -done, however, for the convenience of the pensioner in the temporary absence of the person to whom the power was _given and no loss was suffered by it. We merely call attention to this as an irregularity.
The Pension Commissioner's vouchers are piled in heaps on the tables and on the floor, and in no condition to be exaruined and in great danger of loss or destruction. This condition arises not froiD any fault on the part .of the Commissioner but is owing entirely to the want of proper facilities for filing these records. We most earnestly recommend that an appropriation be made at the present -session of the Legislature for the filing and preserving of these records.
This department, like the School Department, handles no money directly, but pensions are paid from the Treasury on checks from the Commissioner. No funds a.e -drawn directly by him from the Treasury for the payment -of pensions.
The Pension Commissioner is preparing a record for each county, showing the names of all the pensioners of every class. This book is to be filed with the Ordinary .and by him sent to the Grand Jury for inspection and the revision of the pension lists as required by law, and we think in this way it will aid in the prevention of fraud.

1-18

JoURNAL OF THE SENATE.

COMMISSIONER OF AGRICULTURE.
W:e find all the moneys received and paid o11t by this
officer properly accounted for. He had all the vouchers for money paid out by him, and proper receipts for all received by him and paid into the Treasury, and statements from the banks showing what amount was to his credit in the various banks.
We firid that there is an officer connected with this department known as the Assistant Commissioner of Agriculture, who receives a salary of $1,800 a year, which is paid by the Commissioner_ to him out of the annual appropriation made for the support of his department. We were unable to find any law creating this office, or author izing the pay-!llent of his salary by the Commissioner from the amount appropriated for the support of the department or from any other source. The present Commissioner stated that he found the office in existence when he took charge of the department, -and that so far as his information went this officer had been employed from the time of the organization of the deparhnent. The present Commissioner pays the same salary that was received by this officer at the time he was elected, and he is paid in the same way that he was at that time. The Commissioner candidly states that he knew of no law authorizing the payment of the salary of this officer.
Section 8 of the General Appropriation Act of 1902 seems to- prohibit the use of money appropriated for the support of this department for the payment of the salaries of officers or employees. The law creating the Department of Agriculture provided for only one clerk in that department, and put the salary of that clerk at $1,200 a year. In addition to this officer the Commissioner employs a record clerk at seventy-five dollare a month, a mailing clerk at sixty dollars a month, and a stenographer at fifty

FRIDAY, JuLY 1, 190-l.

149

-dollars a month. AU of these officers except the record clerk were employed in this department at the time the present Commissioner came into office. He has employed the record clerk since that time.
Your Committee are compelled to find that all of these payment~ are without authority of law. The work in this office certainly requires more than one clerk at this time, and we would suggest that the Act creating this department be amended so as to authorize the Commissioner to employ a sufficient clerical force, and that the salaries be fixed by law and paid out of the State Treasury out of the fees arising from the inspection of fertilizers. Until this is done we do not think that the Commissioner is authorized to employ these clerks or to pay them from the appropriation.
The Commissioner called the attention of the Committee to the fact that as the law now stands the Commissioner of Agriculture, although he handles a large sum of money, is not required to give any bond. The Commissioner stated to your Committee that he thought at one time of voluntarily making a bond and tendering it to the State, but -decided that in view of the fact that it was not required by law, it might have the appearance of reflecting upon his own honesty.
We would further call your attention to the methods used in this department. The Commissioner states that the department was run by the Commissioner in office a.~ he would run his own private business. That he was not required to make any reports to any one except to the Governor quarterly of his disbursements on account of the annual appropriation, but as to the fees arising from the inspection of fertilizers he accounted to no one.
We submit that the law should be amended so as tore-quire the Commissioner to submit a statement monthly to .the Comptroller-General of the receipts by him from every

150

JoURNAL OF THE SENATE.

source whatever, showing a detailed report of the amount received by him, at what time received, on what account received and from whom, and to settle his accounts monthly,. paying the money into the Treasury and getting a receipt therefor ; that these settlements should be made as now required by law of other officers in the State collectingmoney.
We further recommend that there should be some officer in the State to check the accounts of this office, as suggested by the Commissioner.
We think the law should be changed so as to give theCommissioner more power in ascertaining the sale of guano in the State. He should have power to examine the books. of manufacturers and others dealing in fertilizers in this State to ascertain from these books the number of tons sold. He should also have authority to require reports in detail made to him by such manufacturers and by all manufacturers and others outaide of the State shipping guano into the State to be sold. These reports should show in a general way the date of the shipro.ent, the number of tons shipped, by what railroad shipped, to what place and to whom consigned.
We call attention to the statement of the Commissioner of Agriculture that while 600,000 tons of guano were sold in this State last year, only about twelve hundred tons. were reported to him as having been sold in bulk. Under the law he has no means of keeping up with the sale of gulino in bulk, and the great discrepancy in the quantity sold is strong evidence that the State is losing its tax onthe guano sold in bulk.
There are seven inspectors employed the year round at $83.50 a month and thirty employed for less periods, varying from one to six months. The Commissioner states that this number is necessary for the proper conduct of thebusiness.

FRIDAY, JuLY 1, 1904.

151

There seems to be a complete eystem of checking the accounts of the oil inspectors in use in the department. The inspectors report the oil inspected in detail to the General Oil Inspector, and also report to the Treasurer and settle directly with the Treasurer. No money received from the inspection of oil passes through this department at all. The general oil inspector checks the accounts furnished him with those in the Treasurer's office to see that the inspectors have accounted for all the fees received by them.
We find that the office of General Oil Inspector was created by the Act of the Legislature in 1899 at a salary of $1,200 a year to be paid out of the funds arising from the inspection of oil in the Treasury. We find that he bas reeeived that salary since that time paid to him directly from the Treasury on the warrant of the Governor, but we do not find that any money has ever been appropriated by the Legislature to pay his salary, and therefore we are compelled to find that the salary has been paid without authority. We call the attention of the appropriation committee to this omission and recommend that an appropriation be made in the general appropriation bill for the payment of this officer.
The Commissioner draws in advance, generally quarterly, the money appropriated for the support of his department, and deposits this amount to his credit as Commissioner in a bank selected by him. This seems to be the practice that has obtained in this department since it was organized, but it is not authorized by law. We see no necessity for the money being drawn in advance by the Commissioner. Ther~ is no good reason why he could not draw the money out from time to time in payment of bills contracted or the other necessary expenses of his department ; indeed, the Commissioner prefers to do business this way, but is required to draw it out and deposit it in banks and disburse it by his own checks.

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JouRNAL oF THE SENATE.

On April 24th we found that the Commissioner was car. rying on deposit of State funds in certain banks in Atlanta,
Griffin and Elberton $18,502.67; that between that time and the second day of June, the date of our examination, he had paid into the State Treasury $8,000, leaving of the State funds deposited to the credit of the Commissioner the sum of $10,502.67. There is no reason that we can see why these large amounts of money should be accumulated by the Commissioner in banks. We recommend that this money be paid into the Stale Treasury at once.

FRIDAY, JULY 1, 1904.

153

CONCLUSION.
Your Committee has to report that they find in nearly all of the departments of the government and in all of the institutions a want of proper business methods. The same methods are now used in some of the State institutions that were used in the beginning when they were very small affairs.
The sy~tem and methods used in the Executive office, the Comptroller-General's office and the Treasurer's office, as to checks fs well-nigh perfect, each one being a check upon the others, and this system should be extended to all of the departments or the State government.
Outside of the departments last mentioned, there is a total want of anything like uniformity in the conduct of the business of the departments. The business of the State of Georgia should be conducted in the same manner and method that corporations and large private concerns .are forced to adopt as a matter of necessity, and we see no reason why the State's business affairs should not set the example in thoroughness and efficiency, instead of following old, obsolete and disc~rded methods. To bring about this desired and much-needed reform in our business methods, your Committee respectfully submit the recommendations that appear in this report.
It is necessary in collecting and disbursing the various and large sums of money now passing through the different departments that a perfect system of aecounting should be adopted.
It is impossible under the existing conditions, outside of the Executive, Comptroller-General's. and Treasurer's offices, to make anything like an intelligent check of these officers. The Comptroller-General':> office is the clearing-

154

JouRNAL oF THE SENATE.

house of the State. The law now is that he shall audit all accounts of all State House officeril, but under the present methods and existing circumstances that is absolutely impossible.
We therefore recommend that a law be enacted creating the office of State Auditor of Accounts, and that this officer shall be charged with general supervision of the financial affairs of the State ; that the disbursement of all fundsshall be directly under his control.
The policy of allowing appropriations to be withdrawn from the treaeury by the various institutions and departments of the State and deposited in banks selected by their officers is dangerous in the extreme.
Since your Committee began this investigation, its attention bas been called to two occurrences which involve tw() of the State's institutions. The Treasurer of the State Sanitarium used for his personal account something over twenty thousand dollars of the State's money in his possession, and the authorities of the Sanitarium were compelled to collect the amount from the sureties on his bond. This was a portion of the appropriation drawn in advance for the support of the institution. If it had not been so. promptly paid by the sureties on his bond, the Sanitarium would have been seriously involved, becaus~ there was nO> authority to make this deficiency good from any funds in the Treasury. We have already referred elsewhere in thisreport to the fact that about thirty-five hundred dollars of the money appropriated for the support of the Academy for the Blind at Macon was deposited in the First National Bank of Macon at the time of its failure on or about the 16th day of May last, and no part of this fund has yet been recovered, and it must necessarily have resulted in serious embarrassment for this institution. H this money had not been drawn out from the Treasury, but had been paid out directly from the Treasury in settlement of bills-

FRIDAY, .JuLY 1, 1904.

15&

contracted, these institutions would not be exposed to thi& risk, and the State would not be in any danger from thisloss. We do not think that any money ought to be paid out directly from the Treasury except directly to the person to whom it is due.
We herewith submit a bill providing for a State Auditorof Accounts and defining his duties, and we earnestly urge that it be given immediate and earnest consideration. Ourinvestigation has convinced us that this bill or one similar to it is absolutely necessary f~r the protection of the interests of the State.
We suggest that it would be to the interest of the State to have all of these charitable institutions in the Stateunder the control of one board. We are satisfied that this would result in a great saving to the State in the support of these institutions.
We recommend that a Committee be appointed at the present session of the General Assembly whose duty it shall be to take into consideration all the existing laws in reference to the various institutions of the State and forthe regulation of the different departments of the State government, and report to the next General Assembly such legislation as is necessary to harmonize and perfect the laws on these subjects. All of these laws are now in great confusion as they exist in the present Code.
Prior to 1877 two claEses of inmates were provided forin-the State Sanitarium, and they were divided under the law into pauper and pay patients. By the Act of 1877 this law was repealed and it provided that all patients should be admitted into the Sanitarium free of cost for their treatment, clothing and maintenance. The codifiers who were employed to prepare the last Code of Georgia codified as law these laws that were repealed by the Act of 1877 and the Act of 1877 itself, and we find in the body of the law relati~g to the State Sanitarium the two inconsistent pro-

156

Joua~AL oF THE SENATE.

visions requiring the Trustees to admit all citizens of the State free of cost, and in the same chapter of the Code they are required only to admit paupers free of cost.
The same conflicts in the law appear in the whole body of our laws in reference to our State institutions and the different departments of the State government. It is impossible for the officers charged with the execution of these laws to perform their duties under the present Code of Georgia. The lawa in this book, in the language of a distinguished judge of one of the courts of this State, "seem to have been thrown together in one conglomerate mass." It is absolutely necessnry that there should be at once a complete revision of the laws now in existence, at least in so far as they apply to the State's. institutions and the various departments of the State.
We regret to say that we find a prevalent disposition on the part ot the officers to follow pre~edent even where the precedent is in violation of- the law and contrary to the law. We would earnestly recommend to all the officers of the State that they follow the law made by the Legislature for their government strictly, and where in their opinion they consider the law unwise or impossible of execution, not to attempt to set it aside themselves, but to call the attention of the Legislature to the defects in the law.
We think that it would be to the interest of the State to Eell the present building owned and used by the State as a mansion for the Governor. The building is old and costly to keep in repair, and it is almo~t now in the business dtstrict of Atlanta and is undesirable for a residence. It is entirely too far from the capitol. We think that it is worth much more for ot.her than residence purposes, and that the State could sell it and purcha~e other property and build a home for the Governor to great advantage to the State. We recommend that a Committee be appointed to take into consideration this portion of the report of your

FRIDAY, JuLY 1, 190-1.

157

Committee and report its conclusions to the next General Assembly.
We furthet find and recommend that the work of ,your Committee should be continued by subsequent Legislatures. In our investigations we found no point of time from which we could begin, because no investigation of the character made by your Committee has ever been made befon. 'Ve do not think that it is possible for any Committee or Comm~ttees to make the necessary investigation of the different departments and instit.utions of the State during the session of the Legi'!lature. We think that there should be a standing Committee from the two homes who should be charged with the duty of making this investigation every two years. We think that this investigation could be made at a comparatively .small cost.
We herewith report a bill providing for the appointment of this Committee and prescribing its duties.
We further find and recommend that it would be a great saving to the State i~ the purchase of coal if one officer of the State was authorized to make a contract for all the coal consumed by the State and the various Institutions. This item of coal is a very large one, and if purchased under one contract a great saving could be made.
We further recommend that the authorities of the various charitable institutions of the State should be required by law to submit to the Governor and to the General Assembly an itemized statement of the various amounts required by them for the support of the institution. This report should show what amount is to be disburaed from the appropriation on account of salaries, clothing, wages, fuel, subsist~ ence, transportation and incidentals, and for temporary repairs on the buildings, each under a separate head, and the appropriation should specify that only the amount so estimated should be spent for each item.

158

JouRNAL OF THE SENATE.

We herewith submit for your consideration the reports made by the expert accountants to us.
Your Committee as a whole was engaged twenty-five days in this work. Individual members of tlie Committee, by direction of the Committee, were engaged some days in ..addition to the time consumed by the Committee as a whole.
The Honorable P. M. Mulherin was while the Committee was in session at the Academy for the Blind at Macon, on the 28th day of December, stricken with a severe illness, and was unable after that time, on account of illness, to attend any of the subsequent sessions of the Committee. The Committee very greatly felt the loss of his valuable aid and services in completing this work, and desire here to express its regret at the loss of his services, .and at the same time its pleasure at his restorat.ion to health. He does not join in this report except as to the investigation of the Georgia State Sanitarium, the Normal and Industrial School at Milledgeville and the prison farm.
Jos. H. HAJ,L, Chairman;
s. R. CHRISTIE,
J. T. DuNCAN, J. E. HAYES, P. M. MULHERIN, P. H. CoMAS, SecrE.tary.
NoTE.-8ince this report was prepared we hive been informed that the 'Trustees have employed a bookkeeper.

FRIDAY, JULY 1, 190-l.

15~

Mr. Hudson, Chairman of the Committee on Pension!", submitted the following report :
Mr. Preside'Tit:
The Committee on Pensions has bad under consideration the following House hill, which it instructs me to report with the recommendation that it do pass, to wit :
A bill to authorize Pension Commissioner to pay over to -ordinary the pension that may hereafter accrue to any pen:Sioner who may die betore same can be paid to pensioner.
Also the following House resolution which it bas bad .under consideration, and which it instructs me to report with the recommendation that it do pass, to wit:
A resolution to reinstate J. J. W. Glenn, of Rockdale I
.county, upon pension rolls of 1903 and [pay him his pen.sion.
Respectfully submitted, T. G. HUDSON, Chairman.

Mr. Perry, Chairman of the General Judiciary Com.mittee, makes 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 as amended " :
A bill to regulate investment companies. Respectfully submitted, H. H. PERRY, Chairman.

J60

JouRNAL oF THE SENATE.

Mr. Christie, Chairman of the Committee on Banks.. makes the following report:

Jlr. President:
The Committee on Banks bas bad 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 the Act establishing dispensaries in Terrell county so as to provide for the appointment of a Secretary and Treasurer.
Respectfully submitted, S. R. CHRISTIE, Chairman.

Mr. Ledford, Acting Chairman of the Committee oo Engrossi"ng, submitted the following report:

Mr. President :
The Committee on Engrossing has examined the followlowing Senate bill which it finds correctly engrossed and ready for transmission to the House, to wit:
A bill to create a new charter for the town of Willacoochee in Coffee county.
Respectfully submitted, M. L. LEDFORD, Acti~g Chairman.

Mr. Duncan, Chairman or the Committee on Engrossing, submitted the following report :

Mr. President:

The Committee on Engrossing has examined the follow-

FRIDAY, JULY 1, 1904.

161

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

A resolution to 'appoint a joint committee to amend, revise and consolidate the general laws governing municipal corporations.
Respectfully submitted, A. B. DUNCAN, Chairman.

By unanimous consent Senator Starr was added to the Committee on State Sanitarium.

The following House bills and resolutions were read first time:

By Mr. MillsA bill to amend section 821 of the Code of 1895.

Referr(>d to the General Judiciary Committee.
By Mr. Whitley-
A resolution to appoint a committee to investigate the feasibility of leasing part of the State's property lying along theW. & A. Railroad.
Referred to the General Judiciary Committee.

By Messrs. Cromartie, Shannon and Singletarry-

A bill to amend paragraph 2 of section l article 1I of the Constitution.
Referred to the Constitutional Amendments Committee. us j

162

JouRNAL OF THE SENATE.

By Mr. Beauchamp-

A resolution for the relief of I. J. Slaughter, of Butts county.

Referred to the Special Judiciary Committee.

By Mr. Hall-

A bill to amend section 150 of the Coqe by striking the figure 8 and inserting the figures 12.

Bill ordered engrossed.

The following House resolution was read second time:

By Mr. Almond-

A resolution authorizing the Commissioner of Pensions to reinstate J. J. W. Glenn, of Rockdale county, and to pay his pension for 1903.

By Messrs. Davidson and Underwood-
A bill to authorize and direct the Pension Commissioner to pay to the ordinaries of this State pensions due pensioners who die before said pension reaches them.

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

By Mr. Davis-

A bill to amend the several Acts incorporating the town of Waynesboro so as to make the same a city.
Report of the Committee was agreed to.

FRIDAY, JULY 1, 1904.

163

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

The bill having received the requisite constitutional majority was passed.

By Mr. Davis--
A bill to authorize the mayor and council of Waynesboro to hold an election to determine whether said city ~thall provide electric lights and water-works for said city.

Report of the Uommittee 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. Skelton.A bill to regulate investment companies in this State.

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.

Amendments are, by striking out from section 8 all of said section after the word "associated" in the eleventh line of said section.

On motion when the Senate adjourns to-day it will stand adjourned until Tuesday, Julr 5th, at 12 o'clock.

164

JoURNAL OF THE SENATE.

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 bill which it instructs me to report with the recommendation that it do pass, to wit :

A bill to amend section 1254 of the Code of Georgia.

Respectfully submitted,

HUDSON, Chairman.

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

The Committee on Temperance has had under comlideration the following Senate bill which it instructs me to report with the recommendation that it do not pass.
A bill to establish a dispensary in the town of Arlington. Respectfully submitted, DUNCAN (36th), Chairman.
The following Senate bills were read second time :

By Mr. Christie-
A bill to amend an Act establishing the dispensarie3 in . Terrell county so as to elect secretary and treasurer for the
dispensaries commissions.

FRID.A.Y, JULY 1, 1904.

165

By Mr. Golden-

A bil1 to amend section 1254 of the Code of Georgia.

Th.e following Senate bills were read third time to be put upon their passage_:

By Mr. Duncan-
A bill to provide for the examination of private banks by the State Bank Examiner.

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 as amended and the amendments are as follows : In place of section 3 "Every person, firm or corporation or company having a place of business where credits are opened by the deposit or collection of money subject to be paid or remitted upon draft, check or order or when money is loaned or advanced upon promisory notes or bills of exchange or other evidence of debt, or who makes collections shall be regarded as a bank or banker.''

By Mr. VanBuren-

A bill to authorize the Secretary of State to issue and grant corporate powers to sick and accident insurance companies in this State.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 24, nays 0.

166

JouRNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed.

By unanimous consent the following Senate bill was read second time and recommitted :

By Mr. McMichael-

A bill to authorize the State Treasurer to draw on any funds in the Treasury the amount of $400,000 to be used in payment of teachers.
The following Senate bill was read second time and recommitted from the Special Judiciary to the Finance Committee:

By Mr. McMichael-

A bill to amend section 4 of an Act amendatory of an Act creating the Prison Commission.

The following Senate bills were taken up with adverse report from Committee, the reports were agreed to and bills were lost:

By Mr. McMichael-

A bill to prohibit the acceptance of passes- or franks by judges of the Supreme, Superior and City Courts and Solicitors-General of this State.

By Mr. Hightower-
A bill to establish, maintain and regulate a dispensary in the town of :Arlington.

FRIDAY, JULY 1, 1904.

167

By Mr. Tisinger-

A bill to amend section 1115 of the penal Code.

::By Mr. WorshamA bill to amend section 422 of the Code.

The following Senate bill was withdrawn by its author :

By Mr. Snead-
A bill to require all chartered banks to keep open five hours a day.

By Senator Dodd-
A bill to place upon the retired list all officers having served for three yMrs between the years 1865 and 1887.

Report of Committee was agreed to and bill lost.

The following House bills were taken up with adverse report from Committee, reports were agreed to and bills lost:

A bill to repeal an Act establishing the city court of Dublin.

By Messrs. Howard and Hicks-

.A. bill to create the city court of Dublin in and for the ~ounty of Laurens.

Leave of absence was granted President liowell for next week, and Senator Ohristie until Wednesday, also Sen-

168

JOURNAL OF THE SENATE.

ators Lee and Skelton from Tuesday until Friday, also Senator Jordan for Tuesday, Wednesday and Thursday.

At 12: 20 the Senate went into executive session.

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

Senate Chamber, Atlanta, Ga., Tuesday, July 5, 1904.
The Sena~e met pursuant to adjournment at 12 o'clock; was called to order by the President pro tem.
Prayer was offered by the Chaplain.
On motion the roll-call was dispensed with.
The Journal of Friday was read and approved.
Mr. Symons, Chairman of the Enrolling Committee, submitted the following report :
Mr. President:
The Enrolling Committee has examined and found properly enrolled and ready for the signatures of the President of the Senate and Speaker of the House, the following Act, to wit :
An Act to amend the charter of the City of Columbus. Respectfully submitted, W. F. SYMONS, Chairman.

TuESDAY, JuLY 5, 1904.

169

Leave c.t absence was granted Senators Smith and Mid-
dlebrooks on account of sickness.

The following Senate bills were read first time :
'
By Mr; Comas--

A bill to amend the Act approved December 22, 1896, amending the charter of the city of Baxley.

Referred to the Special Judiciary Committee. By Mr. Comas--

A bill to amend the act creating the Board of Roads and Bridges Commissions.

Referred to the Special Judiciary Committee.

By Messrs. Comas, McMichael and Turner-

A bill to amend and codify the common school laws of the State of Georgia.

Referred to the Education Committee.
By Mr. Hopkins-A bill to provide for a State Board of Tax Assessors
and County Boards of Tax Assessors for the State of Georgia.
Referred to the General Judiciary Committee.

By Mr. McLean-
A bill to amend the Constitution .so as to provide for the election of all county officers for a term of four years.

170

JoURNAL OF THE SENATE.

Referred to the Constitutional Amendment Committee.

Mr. Symons, Chairman of the Enrolling Committee, submitted the following report:

Mr. Presider~t :

The Enrolling Committee has examined and found duly enrolled and signed by the President of the Senate and Speaker of the House, and ready for transmission to the Governor, the following Act, "to wit :

An Act to amend the charter of the city of Columbus.
Respectfully submitted, W. F. SYMONS, Chairman.

Mr. Duncan, Chairman of the Engrossing Committee, submits the following report :
Mr. Ptesident:
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 authorize the Mayor and Council of Waynes-boro to create a debt to erect water-works and electric lights.

A bill to amend the various Acts incorporating the city .of Waynesboro.

A bill to regulate investment companies.

TuESDAY, JuLY 5, 1904.

171

A bill to provide for the examination of private banks by the State Bank Examiner.

A bill to authorize the Secretary of State to issue and grant corporate powers to sick benefit insurance companies.
Respectfully submitted,
.A. B. DUNCAN, 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 bills of the Senate, which I am instructed to report back with the recommendation that they ''do not pass " :

A bill to amend Par. 8 of Sec. 2, of Art. 6 of the Constitution of this State so as to provide 'for the appointment of the Chief Justice and Associate Justices of the Supreme Court by the Governor, and for other purposes.

A bill to amend Par. 8 of Sec. 2, of Art. 6 of the Con-stitution of Georgia, so as to provide for the election of a_ Chief Justice and five Associate Justices of the Supreme Court by the General Assembly, and for other purposes.
Respectfully submitted,
H. H. PERRY, Chairman.

By unanimous consent, the following House Bill was

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JOURNAL OF THE SENATE.

read second time and recommitted to the Constitutional Amendment Committee:

By Messrs. Cromartie, Shannon and Singletarry-

A bill to amend Par. 2, Sec. 1, Art. 11 of the Constitution.

The following House bill was read second time :

By Mr. Hall-
A bill to amend Section 150 of the Code so as to make salary of Assistant State Librarian $1,200 instead of $800.

Privileges of the floor were extended to Hon. Thos. M. Bell, ot Gainesville, during his stay in the city.

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

Senate Chamber, Atlanta, 3-a., Wednesday, July 6, 1904.
The Senate met pursuant to adjournment at 11 o'clock; was called to order by the President pro tern.
Prayer was offered by the Chaplain.
On motion the roll-call was dispensed with.
Mr. Perry, Cheirman of the Committee on Constitutional Amendments, submitt>d the following report :

WEDNESDAY, JULY 6, 1904.

173

lrfr. President:

The Committee on Constitutional Amendments has bad under consideration the following bill of the House, which it instructs .me to report with the recommendation that it do pass as amended:

A bill to amend Par. 2, of Sec. 1, >f Art. 11 of the Constitution, so as to increase the number of counties of the State.
Respectfully submitted,
H. H. PERRY, Chairman.

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

Mr. President:

The Committee on Special Judiciary has had under consideration the following Bills of the Senate, which it instructs me to report back with the recommendation that they ''do pass " :

A bill to amend an Act approved July 16, 1903, entitled an Act to create a Board of Road and Bridge Commissioners for Appling county, and for other purposes.

A bill to amend an Act approved December 22, 1896, entitled an Act to amend the charter of the city of Baxley, and for other purposes.

Also that the following resolution of the Hou~e "do pass":

A resolution for the reliefof I. J. Slaughter. Respectfully submitted, B. L. TISINGER, Chairman.

174

JOURNAL OF THE SENATE.

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

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

A bill to amend sub-section 11 of section 4082 of volume 2 of the Code of 1895.

A bill to cede jurisdiction to the United States ovtir the military reservation of Fort Screven, on Tybee Island, in Chatham county, Georgia.

A resolution to pay pension of I. N. Taylor, of Carroll county, Georgia, to his widow.

A resolution providing for the payment of the pension of John J. Miles.
Atlanta, ~a., July 6, 1904. The following message was received from his Excellency the Governor, through his Secretary, Mr. Blackburn.
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.
The following Hou~e resolution ~as read second time
By Mr. Beauchamp-
A resolution for the relief of I. J. Slaughter.

WEDNESDAY, JULY 6, 1904.

175-

The following House resolutions were read first time:

By Messrs. Steed and Hixon-
A resolution to pay pension of l N. Taylor, ot Carroll
county, to his widow.
Referred to the Pension Uommittee.

By Mr. Blackburn-
A resolQ.tion to provide for the payment of the pension. of John J. Miles.
Referred to the Pension Committee.

The following House bills were read first time : By Mr. McHenry-
A bill to amend sub-section 11 of section 4082 of vol-ume 2 of the Code.
Referred to the General Judiciary Committee.

By Mr. Stovall-
A bill to cede jurisdiction to the United States over cer-tain lands on Tybee Island.
Referred to the General Judiciary Committee.
By unanimous consent the following Senate bill was read second time and recommitted to the Constitutional Amend-ments Committee :
By Mr. McLean-
A bill to extend the term of office of th~ officer:3 of this State to four years.

176

JoURNAL OF THE SENATE.

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

By Messrs. Comas, McMichael and Turner-

A bill to amend and codify the Common School Laws of Georgia.

The following Senate bills were read second time :

By Mr. Comas-

A bill to amend the Act amending the charter of the city of Baxley.

By Mr. Comas-

A bill to amend an Act creating a Board of Roads and Bridges Commissioners for Appling county.
The following House resolution was read third time to be put upon its passage :

By Mr. Almond-
A resolution authorizing the Pension Commissioner to reinstate J. J. W. Glenn, of Rockdale county,and pay him pension for 1903.

Report of the committee was disagreed to, which was favorable to the passage of the resolution.

Mr. Symons moved to table, which motion was lost.

On the passage of the resolution the ayes and nays were ordered and the vote was as follows :

WEDNESDAY, JULY 6, 1904.

177

Those voting in the affirmative were Messrs.-

Atkinson, Duncan, of 1oth, Duncan, of 36th, Harrell,

Lewis, McClure, Reid,

Stevens, Symons, Van Buren,

Those voting in the negative were Messrs.-

Allen, Clark, Davis, Hightower, Ledford,

Mathews, McLean, Merritt, Perry, Snead,

Starr, Taylor, Tislnger, Williams, Worsham,

Those not voting were Messrs.-

Christie, Clements, Comas, Crumbley, Golden, Hopkins, Hudson,

Jordan, Lee, McMichael, Middlebrooks, Moore, Park,

Ayes 10, nays 15.

Roberts, Skelton, Smith, Sweat, Turner, Mr. President.

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

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

By Messrs. Davidson and Underwood-

A bill to authorize-and direct the Pension Commissioner to pay over to the ordinaries of their respective counties pensions of deceased pensioners to their widows.

On motion this bill was tabled.
12 s j

178

JOURNAL OF THE SENATE.

The following Senate bills were read first time :

By Mr. Mathews-
A bill to amend paragraph 8, section 1, article 5 of the Constitution.

Referred to the Constitutional Amendments Committee.

By Mr. Ledford-
A bill to prohibit the operation of bucket shops m this State.
Referred to the General Judiciary Committee.

By Mr. Ledford-
A bill to amend section 3278, of volume 2 of the Code by striking out the words " or returns'' in Jines 2 and 3 of said section.

"Referred to the General Judiciary Committee.

At 11:45 the Senate went into executive session.

Leave of absence was granted the Committee to visit the Sanitarium on Friday.

Senator McLean was granted leave of absence for Thursday.

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

By Mr. HallA bill tJ provide for the assessment of Corporations

THURSDAY, JULY 7, 1904.

179

which are required by law to make returns to the Comptroller-General.

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

Senate Chamber, Atlanta, Georgia, Thursday, July 7, 1904.

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

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, Davis, Duncan, of roth, Duncan, of 36th, Harrell, Hightower, Hopkins,

Ledford, Lewis, Mathews, McClure, McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Smith, Snead,

Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.

Those absent were Messrs.-

Crumbley, Golden, Hudson,

Jordan, Lee, McLean,

Reid, Roberts, Skelton,

180

JouRNAL oF THE SENATE.

Mr. Symons gave notice that he would at the proper time move to reconsider the action of the Senate in defeating House Resolution 207.

The Journal of yesterday was read and approved.

Mr. Symons moved to reconsider the action of the Senate in defeating House Resolution 207, which motion prevailed.
The following Senate bills were taken up, read third time and put upon their passage :
By Mr. Comas-
A bill to amend the act creating the Board of Roads and Bridges Commissioners and to define their powers for the cou~ty of Appling.
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. Comas--
A bill to amend the charter of the city of Baxley, in Appling county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JuLY 7, 1904.

181

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

By Mr. Beauchamp-

A resolution for the relief of I. J .. Slaughter.

Report of the committee was agreed to.
Upon the passage of the resolution the ayes were 24, nays 0.
The resolution having received the requisite constitutional majority was passed.

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

Mr. President:
The Committee on Enrollment reports as duly enrolled and ready for the Rignatures of the President of the Senate and Speaker of the House, the following Senate reRolution, to wit:
A resolution to print 500 copies of the Special Joint Investigating Committee's report.
Respectfully submitted, W. F. SYMONS, Chairman.
The following Senate bill was read first time :

By Mr. MiddlebrooksA bill to amend section 1775 of the Code.

182

JOURNAL OF THE SENATE.

Referred to the General Judiciary Committee.

By Mr. Starr-
A bill to prohibit the importation of seed from cotton, cottonseed hulls, cottonseed meal, hay and other products affected with Texas boll weevil.
Referred to the Agricultural Committee.

By unanimous consent Senator Starr was added to the Constitutional Amendments Committee.

Mr. Symons, chairman of the Enrollment Committee, submitted the following rE'port :
Mr. President:
The Committee on Enrollment reports 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 print 500 copies ot the Special Joint Investigating Committee's report.
Respectfully submitted, W. F. SYMONS, Chairman.

At 11:30 the Senate went into executive session.

Senators Snead, Golden, Clements, Taylor and Clark were granted leave of absence until Monday on Committee work.

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

FRIDAY, JULY 8, 1904.

183

Senate Chamber, Atlanta, Georgia, Friday, July 8, 1904.

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

Prayer was offered by the Chaplain.

On motion the roll call was dispensed with.

The Journal of yesterday was read and approved.

The following House bill was read second time :
By Mr. Stovall-
A bill to cede to the United States jurisdiction over certain lands on Tybee Island.
The following Senate bill was read third time to be put upon its passage:
By Mr. Christie-

A bill to amend the Act establishing dispensaries in Terrell county, so as to provide for a Secretary and Treasurer.
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 as amended. Amended section 3 by striking out the words "not exceeding two hundred and fifty dollars" and substituting therefor the words "to be fixed by the Board of Dispensary Commissioners."

184

JOURNAL OF THE SENATE.

Atlanta, Ga., July 8, 1904.
The following message was received from his Excellency the Governor, through his Secretary, Mr. Blackburn :

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.

Atlanta, Ga., July 8, 1904. The following message was received from his Excellency the Governor, through his Secretary, Mr. Blackburn.
Mr. President :
His Excellency the Governor has approved and signed the following bills, to wit :

An Act to amend the Charter of the city of Columbus.

A resolution, to print 500 copies of the report of the Special Joint Investigating Committee.

Mr. McMichael, acting chairman of the Committee on Engrossing, submitted the following report:
Mr. President:

The Committee on Engrossing has had under consideration the following Senate bills which are found correctly engrossed and ready for transmission to the House, to wit:
A bill to amend the Act creating a Board of Road and Bridge Commissioners for Appling county.

FRIDAY, JULY 8, 1904.

185

A bill to amend the charter of the city of Baxley in Appling county.
Respectfully submitted, E. H. McMICHAEL, Chairman.
The following Senate bills were read first time:
By Mr. Tisinger-
A bill to enlarge the powers of the Railroad Commission of Georgia, so as to require railroad companies to make physical connection with other roads.
Referred to the Railroad Committee.

By Mr. Davis-
A bill to require the Treasurer of this State, the Comptroller-General and Secretary of State to give bond in a solvent guarantee company, and the same to be paid for by the State.
Referred to the General Judiciary Committee.

By Mr. Davis-, A bill to prescribe the time for the visit of the Board of
Visitors of the University of Georgia.
Referred to the General Judiciary Committee.

By unanimous consent, Senate Bills Nos. 174, 175, 176, were recommitted to the Special Judiciary Committee.

At 11:20 the Senate went into executive session.

On motion the Senate adjourned until Monday mormng at 12 o'clock.

186

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga., Monday, July 11, 1904.

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

Prayer was offered by the Chaplain.

On motion the roll-call was dispensed with.

The Journal of Friday was read and approved.

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

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

A. bill to amend an Act approved December 22, 1898, creating a Board of Cr>mmissioners of Roads and Revenues in and for the county of Butts, and for other purposes.

A bill to make it unlawful to distil or manufacture spirituous or intoxicating liquors in the county of 'Vilkes, and for other purposes.

A bill to amend an Act approved December 16, 1901, authorizing the county commissioners of Butts county to inv~stigate the claim of .A. J. Moore, former tax-collector of said county, against said county for commissions alleged to be due him.

A. bill to amend the charter of the city of Brunswick.

A bill to repeal an Act approved December 15, 1897,

MoNDAY, JuLY 11, 1904.

187

creating a Board of Commissioners for Roads, Public Property and Finance for the county of Washington.

A bill to prohibit the sale of spirituous, vinous, malt, or other intoxicating liquors in Gwinnett county, and for other purposes.

A bill to confirm the sale by the mllyor and aldermen of the city of Savannah to the Savannah Gas Company of a portion of Wright street.

A bill to amend the charter of the city of Newnan so as to provide for a Board of Water, Sewerage and Light Commissioners.
A bill to amend the charter of the city of Newnan so as to authorize the issuing of bonds for electric lights, and forothP.r purposes.

A bill to incorporate the town of Danburg, in the county of Wilkes.

A bill to provide for the payment of fees of officers of court in conviction of person worked on the county chaingang of Sumter county, Georgia.
A bill to make it unlawful to distil, manufacture, make or produce any alcohol, spirituous, malt or intoxicating liquors from grains in the county of Pike.

Mr. McMichael, Acting Chairman of the Committee on Engrossing, submitted the following report :
Mr. President:

The Committee on Engrossing has examined the follow-

188

JOURNAL OF THE SENATE.

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

A bill to amend Act establishing dispensaries in Terrell -county.
Respectfully submitted.
E. H. McMICHAEL, Acting Chairman.

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

Mr. President :
The Committee on Education has had under consideration the following Senate bill, which it instructs me to report with th~ reco~niendation that it do pass, to wit:

A bill to amend Act approved December 8, 1897, being .an Act to authorize the Treasurer to draw on any funds in the treasury to the amount of $400,000, to be used to pay teachers, and for other purposes.
Respectfully submitted. M. L. LEDFORD, Chairman.
The following Senate bills were read the first time :

By Mr. Davis-
A bill to amend the Act establishing the City Court of Waynesboro, in Burke county.
Referred to the Special Judiciary Committee.

MoNDAY, JuLY 11, 1904.

189'

By Mr. Davis-
A bill to provide for remedy on official bonds given by the officers of this State in the event of default.

Referred to the General Judiciary Committee.

By Mr. Ledford-
A bill to regulate the sale of domestic wines made from. grapes, etc., by the maker of same, and for other purposes.
Referred to the Temperance Committee.

By Mr. MathewsA bill to create an Immigration Commission for the-
State of Georgia and to define their duties.
Ueferred to the Immigration and Labor Committee.

The following Senate resolutions were read first time ~

By Mr. HarrellA resolution for the relief of L. W. Griffin. Referred to the Pension Committee.

By Mr. HopkinsA resolution. Resolved by the Senate, That the sympathy of the Senate-
be extended Senator L. H. Roberts during his illness.
This resolution was adopted.

By Mr. Jordan-
A resolution appointing a board to investigate tuberculosis in this State.

190

JoURNAL OF THE SENATE.

Referred to the Hygiene and Sanitary Committee.

By Mr. Snead-
A resolution requesting the Governor to pardon Mamie DeCris who is now on the State farm at Milledgeville.

Referred to the Penitentiary Committee.

The following HousP. bills were read the first time:

By Mr. Alexander-

A bill to make it unlawful to manufacture spirituous liquors in Wilkes county.

Referred to the Temperance Committee.

By Mr. Beauchamp-

A bill to repeal an Act creating a Board of County Commissioners for Butts county.
Referred to the Special Judiciary Committee.
By Mr. Owen-
A bill to make it unlawful to manufacture spirituous liquors in Pike county.
Referred to the Temperance Committee.

By Mr. Cann-
A bill to confirm the sale by the mayor and aldermen of the city of Savannah to the Savannah Gas Company of a portion of Wright street.
Referred to the Special Judiciary Committee.

MONDAY, JULY 11, 1904.

191

By Mr. Leigh-

A bill to amend the charter of the city of Newnan.

Referred to the Corporation Committee.

By Mr. FJannagin-
A bill to prohibit the sale of spirituous liquors in Gwinnett county.
Referred to the Temperance Committee.

By Mr. Evans-
A bill to repeal an Act creating a Board of Commissioners of Roads, Public Property and Finance for Washington county.

Referred to the Special Judiciary Committee.

By Mr. ButtsA bill to amend the charter of the city of Brunswick. Referred to the Corporation Committee.

By Messrs. Lane and Hixon-

A bill to provide for the payment of fees of officers of court in conviction of persons to work on the public roads of Sumter county.

Referred to the :Special Judiciary Committee.

192

JoURNAL OF THE SENATE.

By Messrs. Alexander and Grenade-

A bill to incorporate the town of Danburg, in Wilkes county.
Referred to the Corporation Committee.

By Mr. Beauchamp-

A bill to amend the Act authorizing the Board of County Commissioners of Butts county to investigate the claim of A. J. Moore, former tax-collector.

Referred to the Special Judiciary Committee.

By Mr. Leigh-

A bill to amend the charter of the city of Newnan so as to authorize said city to issue bonds for electric lights.

Ref~::rred to th~:: Corporation Committee.

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

By Mr. McMichael-

A bill to authorize the Treasurer to draw on any funds in the treasury to the amount of $400,000 to be used in the payment of teachers.

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.

MoNDAY, JuLY 11, 1904.

193

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

By Mr. Hall-

A bill to amend section 150 of the Code by striking the word "eight'' and inserting in lieu thereof the word "twelve."

On motion this bill was tabled.

By Messrs. Davidson and Green---
A bill to authorize and direct the Pension Commissioner to pay over to the ordinaries of their respective counties the pension that may hereafter accrue to any pensioner who may die before the same can be paid to the peneioner.

Report of the committee was agreed to. Upon the pas~age of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

At 12:40 the Senate went into executive session.

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

13o j

194

JoURNAL OF THE SENATE.

Senate Cham')er, Atlanta, Georgia, Tuesday, July 12,1904.

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

Prayer was offered by the Chaplain.

On motion the roll-call was dispensed with.

The Journal of yesterday was read and approved.

Mr. Duncan, Chairman pro tern of the c,,mmittee on Hygiene and Sanitation, submitted the following report:

Mr. President:

The Committee on Hygiene and Sanitation has had under consideration the following Senate resolution which it instructs me to report with the recommendation that it do pass, to wit :

A. resolution authorizing the Govunor to raise a Medical Commission to investigate touching certain propositions and report to the next session of the General Assembly.
Respectfully submitted,
A. B. DUNCAN,
Chairman pro tern.

Mr. Davis, Chairman of the Committee on Finance, made the following report :

Mr. President :

The Committee on Finance has had under consideration the following bill of the Senate, which it instructs me to

TUESDAY, JULY 12, 1904.

195

Teport back with the recommendation that it "do pass by substitute."

A bill to amend section 4 of Act amendatory of Act -creating the Prison Commission.
Respectfully submitted, WM. H. DAVIS, Chairman.

Mr. Duncan, Chairman of the Committee on Engrossing, 8Ubmitted the following report :

Mr. President:
The Committee on Engrossing has examined the following Senate bill, which it finds correctly engrossed and . ready for transmission to the House, to wit :

A bill to amend "Act authorizing the State Treasurer to (}raw on any funds in the State Treasury to the amount of .$!00,000 to be used in paying teachers.''
Respectfully submitted,
A. B. DUNCAN, Chairman.

Mr. Tisinger, Chairman of the Special Judiciary Cf)mmittee, submitted the following report:

Mr. President :
The Special Judiciary Committee has had under con!!id~ration the following Senate bill which it instructs me as -chairman to report back to the Seriate with the recommen(}ation that the same do pass :

Senate Bill No. 247, entitled an Act to amend an Act

196

JOURNAL OF THE 1:5E1ifATE.

entitled an Act to establish the city court of Waynesbor(} in and for the county of Burke, etc.

The Committee has also had under consideration the following House bills, which I am instructed to report back to the Senate with the recommendation that the same do
pa~s:

Home Bill No. 7!18 repealing the Act creating a board of commissioners of roads and revenues in and for the county of Butts.

House Bill No. 853 amending an Act authorizing thP. Board of Commissioners of Roads and Revenues of Butts county to investigate the claim of A. J. l\Ioon, former tax-collector of said county.

House Bill No. 884, confirming the sale by the mayor and aldermen of the city of Savannah to the Savannah Gas Company of a portion of Wright street.
Respectfully submitted, B. L. TISINGER, Chairman .

.Mr. Symons, Acting Chairman of the Committee on Corporations, submitted the following report :

JJb. President:

The Committee on Corporations has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass, to wit :

A bill to amend the charter of the city of Brunswick.

A bill to amend the charter of the city of Newnan so

'J.'uESDAY, JULY 12, 190!.

197

-as to provide for board of water, Eewerage and light commisEion.

A bill to amend the charter of the city of Newnan so as to authorize the issue of bonds for electric lights, and other purposes.

A bill to incorporate the town of Danbutg in Wilkes county.
Respectrully submitted, W. F. SYMONS, Acting Uhairman.

Mr. Hndson, Chairman of the Committee on Pensions, submitted th~ following report :

Mr. Pre$ident:

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

A resolution for the relief of L. W. Griffin.

Respectfully submitted,

HUDSON, Chairman.

By unanimous consent the following House bill was taken from the table and put upon its passage:

By l\Ir. Hall-

A bill to amend section 150 of the Code by changing the word "eight" to "twelve."
Report of the Committee was agreed to.

198

JouRNAL oF THE SENATE.

This being an appropriation the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Comas, Davis, Harrell, Hightower, Hopkins, Hudson, Jordan,

Ledford, McClure, McMichael, Merritt, Middlebrooks, Park, Reid, Skelton, Smith,

Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Worsham,

Those voting in the negative were Messrs.-

Clements, Lewis,

McLean, Moore,

Perry, Starr,

Those not voting were Messrs.-

Allen, Christie, Crumbley, Duncan, 'of 1oth,

Duncan, of 36th, Golden, Lee, Mathews,

Roberts, Williams, Mr. President.

Ayes 27, nays 6.

The bill having received the requisite constitutional majority was passed.

The following Senate resolution was read second time :

By Mr. Jordan-
A resolution to appoint a commission to make a thorough investigation touching the proposition of investigating tuberculosis in this State.

TuESDAY, JuLY 12, 1904.

199

By unanimous consent the following House resolution was .taken from the table to be put upon its passage:

By Mr. Almond-

A bill to authorize the Pension Commissioner to reinstate J. J. W. Glenn on the pension rolls of this State and to pay pension for 1903.

This being an appropriation the ayes and nays were or dered and the vote is as follows.

On motion the bill was tabled before the roll was called.

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 an Act creating the city court of Cartersville for Bartow county, approved October 10, 1885.

A bill to amend an Act to establish a board of county commissioners for the county of Newton, approved February 27, 1877.
A bill to incorporate the town of Westminster.

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

Mr. President:

The Committee on General Judiciary has had under

200

JOURNAL OF THE SENATE.

consideration the following bill of the House, which I am instructed to report back with the recommendation that it "do pass.''

A bill to be entitled an Act to cede jurisdiction to the United States over the Military Reservation of Fort Screven, on Tybee Island, in Chatham county in this State.
Respectfully submitted,
H. H. PERRY, Chairman.

The following Senate resolution was read second time:

By Mr. HarrellA resolution for the relief of L. W. Griffin.

The following Senate bill was read second time :

By Mr. Davis-
A bill to amend the Act establishing the city court of Waynesboro.

By unanimous consent the following Senate bill was taken from the Temperance Committee, read second time and recommitted to the Temperance Committee:
By Mr. Ledford-
A bill to regulate the sale of domestic wines in this State.

Mr. Perry, Chairman of the Cunstitutional Amendments Committee, submitted the following report:

TuESDAY, JuLY 12, 1904.

201

.Mr. President:
The Constitutional Am~ndments Committee has had under consideration the following House bill, which it instructs me to report with the recommendation that it do pass, to wit :
.A bill to amend paragraph 2, section 1, article 11 of the Constitution of the State.
Respectfully submitted, H. H. PERRY, Chairman.

Mr. Duncan, (lOth), Chairman of the Committee on Hygiene and Sanitation, made the following report:

Mr. President:
The Committee on Hygiene and Sanitation has had un-der consideration the following joint resolution of the .Senate, which I am instructed to report back with the recommendation that it "do pass."

A joint resolution, That the Governor be authorized -to raise a medical commission to report to the next General Assembly the number of cases of tuberculosis in this :State, and for other purposes.
Respectfully submitted, A. B. DUNCAN, Chairman ..

By unanimous consent the following Senate bill was 1:aken up to be put upon its passage: By Mr. Golden-

A bill to amend section 1254 of the Code.

202

JOURNAL OF THE SENATE.

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 constituti.onal ma-

jority was passed.

.

The following Senate bill was read second time and re-

committed:

By Mr. Matthews-

A bill to create an Immigration Commission for the State of Georgia.

By unanimous consent the following House bill was read third time and put upon its passage:

By Messrs. Cromartie, Shannon and Singletary-

A bill to amend paragraph 2 of section 1 of article 11 of the Constitution.

Report of the Committee was agreed to.

Mr. Tisinger moved that the adoption of the committeereport be reconsidered so that an amendment may be offered. The motion was lost.

This being a constitutional amendment 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 10th,

Duncan, of 36th, Golden, Harrell, Hightower,

TuESDAY, JuLY 12, 1904.

203

Hopkins, Hudson, Jordan, Ledford, Lewis, Mathews, McClure, McLean, McMichael,

Merritt, Moore, Park, Perry, Reid, Skelton, Smith, Snead, Starr,

Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Worsham, Mr. President.

Those not voting were Messrs.-

Crumbley, Lee,

Middlebrooks, Roberts,

.Ayes 39, nays 0.

Williams,

The bill having received the requisite two-thirds majority was passed and the bill is as follows :
.A bill to be entitled an .Act to amend paragraph 2, of section 1, of article 11 of the Constitution of this State:

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 2, of section 1, of article 11, of the Constitution of this State, be and the same is hereby amended by striking out all of said paragraph 2, section I, article 11, and inserting in lieu thereof the following: "There shall not be more than one hundred and forty-five counties in this State."
Sec. 2. Be it further enacted by authority aforesaid,. That when said amendment shall be agreed to by twothirds of the members elected to each House, it shall be entered on the Journal of each House with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in said State for two months



204

JOURNAL OF THE SENATE.

previous to the time of holding the next general election, and shall at said next general election be submitted to the people for ratification in the following form, to wit: " For Ratification," or "Against Ratification,'' and if a majority of the electors qualified to vote for members of the Gen~ral .Assembly voting thereon shall vote for ratification having printed or written on their ballots, "For Ratification," or "Against Ratification," which votes cast at said ~lection shall be consolidated as now required by law in elections for members of the General Assembly, and returns thereof made to the Governor, then he shall dedare said amendment adopted and make proclamation of result of said election by publication in one or more newspapers in each Congressional District of the State.
Sec. 3. 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. Stovall-
A bill to cede jurisdiction to the United States over .certain lands on Tybee l'lland.
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 House bills were read first time:

By Mr. Cannon-
A bill to amend the Act creating the city court of Cartersville.

TuESDAY, JuLY 12, 1904.

205

Referred to the Special Judiciary Committee.

By l\Ir. Carr-

A bill to amend the Act creating the Board of County Commissioners of Newton county.

Referred to the Corporation Committee. By Messrs. Slaton, Houston and Blackburn--
A bill to incorporate the town of Westminster. Referred to the Corporation Committee. The following House bills were read second time: By Mr. ButtsA bill to amend the charter of the city of Brunswick. By Mr. LeighA bill to amend the charter of the city of Newnan. By Messrs. Alexander and GrenadeA bill to incorporate the town of Danburg.

By Mr. Leigh--
A bill to amend the charter of the city of Newnan so as to furnish electric lights.

By Mr. CannA bill to confirm the sale by the mayor and alderman

:206

JOURNAL OF THB' SENATE.

.of the city of Savannah to the Savannah Gas Company, of a part of Wright street.

.By Mr. Beauchamp-

A bill to amend the Act authorizing the Board of .County Commissioners of Butts county to investigate the claim of .A. J. Moon.

By Mr. Beauchamp-

A bill to repeal an Act establishing a Board of Com.missioners of Roads and Revenues for Butts county.

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

By Mr. McMichael-

A bill to amend section 4 of an Act creating the Prison .Commisf.ion.

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 wa8 passed by substitute.

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

WEDSESDAY, JULY 13, 1904.

207

Senate Chamber, Atlanta, Georgia,

Wednesday, July 13, 1904.

The Senate met pursuant to adjournment at 11 o'c:ock, and was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the following members ani:lwered to their names :

Allen, Atkinson, Christie, Clark, Clements, .Comas, Davis, Duncan, of 10th, Duncan, of 36th, Harrell, Hightower, Hopkins, Hudson, Jordan,

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

Those absent were Messrs.-

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

Crumbley, .Colden,

Middlebrooks,

Roberts,

The Journal of yesterday was read and approved.

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

.Mr. President : The Committee on Engrossing has examined the follow-

208

JOURNAL OF THE SENATE.

ing Senate bills which it finds correctly engrossed and ready for transmission to the House, to wit :

A bill to amend section 1254 of the Code of Georgia~ volume 1.
A bill to amend Act amending Act creating a Prison. Commission for the Suite of Georgia.
Respectfully submitted, A. B. DUNCAN, Chairman.

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

Mr. P1esident :
The Special Judiciary Committee has bad under consideration the following House bills, which it instructs meto report, with the recommendation that they do pass,. to wit:

A bill to amend Act creating the City Court of Cartersville in and for Bartow county.

A bill to repeal Act of December 15, 1897, creating a

Board of Commis:,;ioners Jor Roads, etc., for Washington.

county.



Respectfully submitted,

B. L. TISINGER, Chairman.

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

WEDNESDAY, JULY 13, 1904.

209

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

A bill to revise the election laws of this State ; to prescribe the manner in which electors shall vote in all elections, and for other purposes.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Dodge.

A bill to create a system of Public Schools in the town of MitcbeJI.
A bill to amend, consolidate and supersede the several Acts incorporating the city of Greensboro, in the county of Greene ; to cre2te a new charter and a municipal gov. ernment for said city, and for other purposes.
Mr. Ledford, <)hairman of the Committee on Education, submitted the following report :
Mr. President:
The Committee on Education has bad under consideration the following House bills, wbi~h it instructs me to report, with the recommendation that they do not pass, to wit:
A bill to incorporate the Whitesburg School District in Carroll county.
A bill to incorporate the Ben Hill School District i'n Houston and Crawford counties.
Respectfully submitted. M. L. LEDFORD,
Chairma~.
14 8 j

210

JOURNAL OF THE SENATE.

The following House, bills were read first time :

By Mr. Davidson-
A hill to provide a new charter for Greensboro in Greene county.

Referred to the Corporation Committee.

By Mr. Buchan-
A bill to create a Board of Commissioners of Reads and Revenues for Dodge county.

Re!erred to the Special Judiciary Committee.

By Mr. KellyA bill to create a system of Public Schools in Mitchell.

Referred to the Education Committee.

By Mr. KellyA bill to revise the Election Laws of this State.

Referred to the General Judiciary Committee.

100 copies ordered printed.

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

By Mr. Jordan-
A resolution to appoint a committee to investigate tubercnlo8is in this State.

Report of the committee was agreed to.

WEDNESDAY, JuLY 13, 1904.

211

Upon the pas~Sage of the resolution the ayes were 27, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. HarrellA resolution for the relief of L. W. Griffin.

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, Duncan, of 10th, Duncan, of 36th, Harrell, Hightower, Hudson, jordan, Lee,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore, Reid, Skelton, Smith,

Snead, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,
,.

Those not voting were Messrs.-

'Comas, Crumbley, Davis, Golden,

Hopkins, Middlebrooks, Park,

Pei:ry, Roberts, Mr. President.
!

Ayes 34, nays 0.

The resolution having received the requisite constitutional majority was passed.

212

JOURSAL OF THE SENATE.

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

Mr. President:
.
The General Judiciary Committee has had undei" consideration the following bill of the Senate, which I am instructed to report back with the recommendation that it do not pass.
A bill to prohibit any bailiff, constable, or other officn in this State from arresting any person except on a warrant, or other legal and lawful document issued by a court of proper authority, and for other purposes.
Respectfully submitted, H. H. PERRY, Chairman.

Mr. Mathews, chairman of the Committee on Railroads~ submitted the following report :

Mr. President :
The Committee on Railroads has Qad under consideration the following Senate bill, which it instructs me t(} report with the recommendation that it do pass.

A bill to prohibit traffic in non-tran:sferable signature tickets issued oy common carriers and to require common carriers to redeem unused or partly used tickets.
Respectfully submitted, H. A. MATHEWS, Chairman.

Mr. Starr, chairman of the Committee on Immigration and Labor, submitted the following report:

WEDNESDAY, JULY 13, 1904.

213

.Mr. President:

The Committee on Immigration and Labor bas bad un-der consideration the following Senate bill, which it in1!tructs me to report, with the recommendation that it do pass by substitute, to wit:

A bill to create an Immigration Commission for the State of Georgia, and for other purposes.
Respectfully submitted, 0. N. STARR, Ohair man.
The following Senate bill was read third time to be put -upon its passage:
By Mr. Davis-
A bill to amend the Act establishing the City Court of Waynesboro in Burke 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.

The following SP.nate bill was read second time :

By Mr. Howell, by request-
A bill to prohibit traffic in non-transferable signature tickets by common carriers.

The following House bills were.read second time:

214

JOURNAL OF THE SENATE.

By Mr. Conner-

A bill to amend the Act creating the city court of Cartersville.

By Mr. Evans-

A bill to repeal the Act creating the Board of Commissioners of Roads and Public Property and Finance forWashington county.

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

By Mr. Butts-

A 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 27, nays 0.

The bill having received the requisite constitutional majority was passed.

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

lUr. 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, to wit :

House bill No. 918, entitled an Act to provide for thepayment of fees of officers of court in conviction of per-

WEDNESDAY, JULY 13, 1904.

215

sons worked on county chaingang of Sumter county, Georgia.
Respectfully submitted, B. L. TISINGER, 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 bill of the House, to wit :

A bill to repeal an Act approved December 26, 1890, incorporating the town of Ashburn, and for other purposes.

Mr. Symons, acting 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, to wit :

A bill to incorporate the town of Westminster. Respectfully submitted, W. F. SYMONS, Acting Chairman.

The following Senate bill was read third time to be put upon its passage :
By Mr. Mathews-
A bill to create a Board of Immigration and Labor fo.r this State.

216

JOURNAL OF THE SENATE

Report of the committee was agreed to.

On motion this bill was made special order for to-morrow morning.

The following House bill was read second time :

By Messrs. Slaton, Houston and Blackburn-

A bill to incorporate the town of Westminster..

The following Senate bills were read first time :

By Mr. StarrA bill to prohibit boycotting and for other purposes.

Referred to the General Judiciary Committee.

By Mr. Merritt-
A bill to amend paragraph 18, section 7, article 3 of the Constitution.

Referred to the Constitutio~al Amendments Committee.

By Mr. MathewsA bill to amend Section 5543 of the Code.

Referred to General Judiciary Committee.

The following House bill was read first time:

By Mr. Alford-

A bill to repeal the Act incorporating the town of Ash-

burn in Worth county.

.

THURSDAY, JULY 14, 1904.

211

Referred to the Corporation Committee.

The following Senate resolution was read first time :

.By Mr. Tisinger-

A resolution to change Senate Rule No. 106, by providing for the messenger to appoint the pages of the Senate.

Referred to the Committee' on Rules.

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

Senate Chamber, Atlanta, Ga., Thursday, July 14, 1904.

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

Upon the call of the roll the following members an:awered to their names:

Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duncan, of Ioth, Duncan, of 36th, Harrell,

Hightower, Hopkins, Hudson, Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean,

McMichael, Merritt, Moore, Park, Perry, Reid, Skelton, Smith, Snead, Starr,

218
Stevens, Sweat, Symons, Taylor,

JOURNAL OF THE SENATE,

Tisinger, Turner, Van Buren,

Williams, \Vorsham, Mr. President.

Those absent were Messrs.

Crumbley, Golden,

Middlebrooks,

Roberts,

The Journal of yesterday was read and approved.

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 and resolution of the House, to wit:

A bill to prohibit any person, or persons, or association of persons, to operate any railroad in this State, or to main~ tain any railroad along or across any public roads or streets in this State, or to obstruct any public roads or streets in this State with the tracks of the railroads, or buildings, or structures of any character, unless the said person, or persons, or al'lsociation of persons, operating said railroad shall first become incorporated under the general laws of this f5tate, and for other purposes.

A bill to create a Board of Commissioners of Roads andl Revenues for the county of Washington.

A bill to amend an Act, approved December 17, 1901,. establishing a system of public schools for the town of Ashburn.

THUR!:!DAY, JULY 14, 1904.

219'

A bill to create a new charter for the city of Ashburn.

A resolution to make appropriation for a water-main to the site of the Confederat~ Soldiers' Home, to supply the building with water, and for other purposes.

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

Mr. President:
The Special Judiciary Committee bas bad under considation the following bill of the House, which it instructs me to report back with the recommendation that it dopass.
A bill to create a Board of Commissioners of Roads and Revenues tor the county of Dodge.
Respectfully submitted, B. L. TISINGER, Chairman.

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

Mr. President:
The Committee on Engrossing bas examined the following Senate resolutions, which it finds correctly engrossed and ready for transmi&aion to the House, to wit :

A resolution to authorize the Governor to raise a Medi. cal Commission.
A resolution for the relief of L.W. Griffin. Respectfully submitted, A. B. DUNCAN, Chairman..

220

JouRNAL OF THE SENATE.

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

Mr. President:
The Temperance Committee has had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass, to wit :

A bill to regulate the sale of domestic wines made from grapes, berries or fruits, and for other purposes.
Respectfully submitted, J. T. DUNCAN, Chairman.

The following Senate bills were read first time :
By Mr. MerrittA bill to change the time of holding superior court of
Hancock county.

Referred to the General Judiciary Cummittee.

By Mr. Hightower-
A bill to repeal section 1 of an Act creating the city eourt of Early county so as to provide for the appointment {)fa judge.

Referred to the Special Judiciary Committee.

By Mr. Clements-
A bill to make it unlawful for any person to board a railroad train, or other cars run by electricity, in au intoxicated condition.

Referred to the Special Judiciary Committee.

THURSDAY, JULY 14, 1904.

221

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

Mr. 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 require the Treasurer of this State, the Comptroller-GenP.ral and the Secretary of State to give bond and security to the State, and for other purposes.

A bill to prescribe the time for the visit of the Board of Visitors to the University of Georgia.

Also, that the following bill of the Senate do pasR as amended:

A bill providing for remedy on official bonds given by the officers of this State in the event of default, misapprcpriation or loss of the State's money.

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

A resolution that a joint c~mmittee be appointed to investigate the feasibility of leasing part ot the State's property lying along the right of way of the Westero and Atlantic Railroad in the city of Atlanta.

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

A bill to amend sub-section 11 of section 4082 of volume 2 of the Code of 1895.

Respectfully submitted.

H. H. PERRY, Chairman.

:222

JOURNAL OF THE SENATE.

Mr. Perry, chairman of the Committee on Constitu-tional Amendments, submitted the following report :

Mr. President:
The Committee on Constitutional Amendments 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 prohibit the sale of cigarettes, cigarette tobac<lO, cigarette paper or substitute therefor in the county of Hart, and prescribe penalty theretor.
Respectfully submitted. H. II. PERRY, Chairman.

Mr. Symons, acting chairman ofthe Committee on Cor--porations, submitted the following report :

Mr. President:
The Committee on Corporations has had under consid-eration the following House bills, which it instructs me to report with the recommendation that they do pas~, to wit:

A bill to repeal the act incorporating the town of Ashburn.

A bill to amend Act establishing a board of county -{lommissioners for Newton county.
Respectfully submitted. W. F. SYMONS, Acting Chairman.

Mr. Lee, Chairman of the Penitentiary Committee, sub~litted the following report :

THURSDAY, JULY 14, 1904.

223

Mr. President:

The Penitentiary Committee bas had under consideration the following Senate resolution, which it instructs me to report with the recommendation that it do pass, to wit:

A re11olution for the pardon of Mamie De Oris, a convict in the penitentiary.
Respectfully submitted. GoRDON LEE, Chairman.

The following special order was taken up:

By Mr. Mathews-

A bill to provide for a Commission of Immigration and Labor for Georgia.

By unanimous consent this bill was temporarily displaced.

By unanimous consent 100 copies of Senate bill No. 238 was ordered printed.

The following Senate bill was read first time:

By Mr. Jordan~

A bill to fix the weight of a bushel of meal in Georgia.

Referred to the Agricultural Committee.

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

By Mr. Johnson-

A bill to provide for license for carrying concealed weapons in this State.

224

JOURNAL OF THE SENATE.

Mr. Hopkins moved to disagree to the report or the committee which was favorable to the passage of the bill.. Tbe motion prevailed.

On the passage of the bill the ayes were 0, nays 24; the bi11 was lost.

The following Senate- bill was taken up, read third time and put upon its passage :

By Mr. Howell-

A bill to prohibit traffic in non-transferable tickets issneJ by common carriers in this State.

Report or 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. Ledford-
A bill to regulate the sale of domestic wines 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 is as follows :

Those voting in the affirmativa w~re Messrs.-;-

Allen, Atkinson, Christie, . Clark, Clements,

Comas, Davis, Harrell, Hightower, Hopkins,

Hudson, Jordan, Lee, Ledford, Lewis,

THURSDAY, JULY 14, 1904.

225

Mathews, :McClure, :McLean, :McMichael, .:Merritt, Park, :Perry,

Reid, Skelton, Smith, Snead, Starr, Stevens,

Sweat, Symons, Taylor, Tisinger, Van Buren, Williams,

Those voting in the negative were Messrs.-

:Duncan, of 1oth,

Worsham,

Those not voting were Messrs.-

Crumbley, .Duncan, of 36th, <Golden,

Middlebrooks, Moore, Roberts,

Turner, Mr. President.

Ayes 34, nays 2.

The bill having received the requisite constitutional majority was passed and ordered immediately transmitted to the House.

The following Senate bills and resolution were read sec-ond time:

.By Mr. Snead-

A resolution for the pardon of Mamie DeCris, a convict -confined in the penitentiary..

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were -ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen,
lli 8 j

Clark,

Clements,

226

JOURNAL OF THE SENATE.

Comas, Davis, Duncan, of 10th, Harrell, Hightower, Hopkins,

Hudson, Lee, Ledford, Lewis, McLean, McMichael,

Perry, Smith, Snead, Starr, Taylor,

Those voting in the negative were Messrs.-

Atkinson, Christie, Jordan, Mathews, McClure, Merritt,

Park, Reid, Skelton, Stevens, Sweat,

Symons, Tisinger, Van Buren, Williams, Worsham,

Those not" voting were Messrs.-

Crumbley, Duncan, of 36th, Golden,

Middlebrooks, Moore, Roberts,

Ayes 20, nays 16.

Turner, Mr. President.

The resolution was passed.

By Mr. Davis-
A bill to require the Treasurer, Comptroller-General andf other State officers to give bond in some security company and the State pay for same.

By Mr. DavisA bill to provide the time for the visits of the Board of
Visitors to the University of Georgia.
By Mr. DavisA bill to provide for remedy on official bonds given by-
the officers of this State in the event of default, misappro- priation or loss of State's money.

The following Houl!e bills were read first time:

THURSDAY, JULY 14, 1904.

227

By Mr. Alford-

A bill. to create a charter for the city of Ashburn in Worth count.y.

Referred to the Corporations Committee.

By Mr. Alford-

A bill to amend the Act establishing the system of public schools for the town of Ashburn.

Referred to the Education Committee.

By Mr. Evans-

A bill to create a board of commissioners for Washing-
ton county.

Referred to the Special Judiciary Committee.

By Messrs. Hall, Knight, Underwood and others-

A bill to prohibit any person or corporation from operating railroad in this State without first becoming incorporated.

Referred to the General Judiciary Committee.

ByMr. Candler-
A resolution to make an appropriation to the trustees of the Soldiers' Home so as to provide for waterworks.

Referred to the Appropriations Committee.

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

228

JOURNAL OF THE SENATE.

By Mr. Davidson-

.A bill to provide a new charter for the town of Greensboro.

On motion, when the Senate adjourns to-morrow it will stand adjourned until Monday at 12 o'clock.

The bill by Senator Mathews, on Immigration and Labor, was made special order for to-morrow at 11 o'clock.

By unanimous consent these bills were reconsidered and reinstated.

By Messrs. Howard and Hicks-
A bill to create the city, court of Dublin in and for the county of Laurens.

By Messrs. Howard and Hicks-
A bill to repeal the Act establishing the City Court of Dublin in and for the county of Laurens.

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

Senate Chamber, Atlanta, Ga., :Friday, July 15, 1904.
The Senate met pursuant to adjournment at 11 o'clock ; was called to order by the President.
Prayer was offered by the Chaplain.

FRIDAY, JULY 15, 1904.

229

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

Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duflcan, of 10th, Harrell, Hightower, Hudson, Jordan, Lee,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park, Perry, Reid, Skelton, Smith,

Those absent were Messrs.-

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

, '1
I

Crumbley, Duncan, of 36th,

Golden, Hopkins,

Middlebrooks, Roberts,

The Journal of yesterday was read and approved.

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

Mr. President:

The Committee on Engrossing has examined the following Senate -bills and resolution, which are found to be correctly engrossed and ready for transmisPion to the House, to wit:
.A. bill to prohibit traffic m non-transferable signature tickets .
.A. bill to amend .Act estalishing City Court of Waynesboro.

230

JOURNAl.. OF THE SENATE.

A bill to regulate the sale of domestic wines made from grapes, berries or fruits.

A resolution for the pardon of Mamie DeCris, a convict in penitentiary.
Respectfully submitted,
A. B. DUNCAN, Chairman.

The following message was received from the House of Representatives 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 section 982 of volume 1 of the Code of Georgia so as to add the town of Dallas to the list of State depositories.

A bill to establish a new charter for the town of Shady Dale, in the county of Jasper.

Mr. Symons, Acting Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Co~porations has had under consideration the following House hills, which it instructs me to report, with the recommendation that they do pass, to wit:

A bill to provide a new charter for the city of Greensboro, in Greene county.

A bill to create a new charter for the city of Ashburn in Worth county.
Respectfully submitted,
W. F. SYMONS, Acting Chairman.

FRIDAY 1 JULY 15, 1904.

231

The committee to visit the .Blind Asylum was granted ;aeave of absence for Monday.

The following special order was taken up:

:By Mr. MathewsA bill to create the office of Immigration for this State.

The motion to recommit this bill was lost.

Mr. Mathews moved to reconsider the action of the :Senate in agreeing to the report of the committee, which ,motion prevailed.

By unaniDlous consent the substitute offered by the com,,mittee was withdrawn and the substitute offered by the ::Senator from the 42d District was acuepted.

The previous question was called.
Upon the passage of the bill by substitute as amended the ayes and nays were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs.-

_Atkinson, Christie, Clark, .Duncan, of Ioth, Lee, .Lewis,
~Mathews,
:McLean,

McMichael, Merritt, Park, Reid, Smith, Snead, Starr, Stevens,

Sweat, Symons, Taylor, Tisinger, Van Buren, Williams,
Worsham,

Those voting in the negative were Messrs.-

.Allen, Clements,

Davis, Golden,

Harrell, Hightower,

232

JouRNAL OF THE SENATE.

Hudson, Jordan,

Ledford, McClure,

Those not voting were Messrs.-

Comas, Crumbley, Duncan, of 36th, Hopkins,

Middlebrooks, Moore, Perry,

Ayes 23, nays 11.

Skelton,
Roberts, Turner, Mr. President.

The bill having received the requisite constitutional majority was p~ssed by substitute as amended; and the amend-
ment is, by striking out the word "ten" in the 11th line of
section 6 and substituting "five."

By unanimous consent the following House bill was read. third time and put upon its passage :

By Messrs Slaton, Houston and BlackburnA bill to incorporate the town of Westminster.

Report of the committee was agreed to.

Upon the pas::age'Df the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, wa!l passed.

By Mr. Davison-
A bill to consolidate and supersede the several acts in- corporating the city of Greensboro, in Greene county.

Report of the committee was agreed to.

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

FRIDAY, JuLY 15, 1904.

233"

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

The following Senate bills were read first time :

By Mr. Jordan-
A bill to provide a remedy for the recovery of county taxes which have heretofore or may hereafter be paid to a court not entitled by law to receive the same.

Referred to the Special Judiciary Committee.

By Mr. Atkinson-

A bill to authorize the ordinaries of this State to appoint administrators ad litem, to prescribe who shall be appointed.

Referred to the General Judiciary Committee.

By Mr. McMichael--

A bill to amend the new eharter of the city of Columbue..

Referred to the Corporations Committee.

By Mr. Atkinson-
A bill to fix the salary of the stenographer in the Attor- ney-:-General's office.
Rererred to the General Judiciary Committee.

By unanimous consent Senate bill No. 186 was recommitted t(l the Committee on Constitutional Amendments.

'234

JOURNAL OF THE SESATE.

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

By Mr. Davis-

A bill to prescribe the time for the visit of the Board. of Visitors to the University of Georgia.

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

By Mr. Leigh-

A bill to amend the charter of the city of Newnan.

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. Leigh-

A bill to amend the charter of the city of Newnan so as to provide for a system of sewerage.

Report of the committee was agreed to.

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

MoNDAY, JuLY 18, 1904.

235

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

The following House bills were read second time :

By Mr. Alford-
A bill to amend the Act establishing public schools for Ashford .

.By Messrs. Lane and Hixon-
A bill to prescribe for the payment of. fees of officers of -court in conviction of persons to be worked on public roads in Sumter county.

By Mr. Kelly-
~ bill to create a system of public schools in Mitchell, Georgia.

This bill was recommitted.

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

Senate Chamber, Atlanta, Ga., Monday, July 18, 1904.
The Senate met pursuant to adjournment at 12 o'clock; was called to order by the President.
Prayer was offered by Senator Atkinson. On motion the roll-call was dispensed with.

236

JoURNAL OF THE SENATE.

The Journal of Friday was read and approved.

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

Mr. 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 prescribe the time for the visit of the Board, of Visitors to the" University of Georgia.

A bill to create the office of Commissioner of Immigration, to define his duties, and for other purposes.
Respectfully submitted. A. B. DuN~AN, Chairman.

The following message was received from the House of

Representatives, through Mr. Boifeuillett, the clerk

thereof:

..

lv!r. President:
The House has passed by the requisite constitutionali majority the following bills of the House, to wit:

A hill to amend an Act establishing the City Court of Washington, as amended, and for other purposes.

A bill to amend section 982, of volume 1 of the Code of Georgia, of 1895, providing for the" selection by theGovernor ot banks in certain cities, so as to add the city of Blakely to the list of such cities.

A bill to fix the time for holding the Superior Court&

MoNDAY, JuLY 18, 1904.

237

of the counties of Berrien, Colquitt and Echols, and for other purposes.

A bill to amend section 982 of volume 1 of the Code, providing for the selection by the Governor of banks in eertain cities, so as to add the town of Reidsville to the list of such cities and towns.

A bill to amend an Act, approved December 16, 1897, ~stablishing the city court of Albany, so as to pay the solicitor of said court fees instead of a salary, and for other . purposes.

A bill to authorize the town of Kirkwood to provide a :System of public schools, and for other purposes.

A bill to amend an Act, approved August 6, 1903, ~stablishing a public schoo-l system for the town of Wadley, Georgia.

A bill to amend the ch-arter of the town or Bartow, in the county of Jefferson. '

A bill to amend an Act, approved November 29, 1899, ~stablishing the city court of Washington in and for Wilkes county.

A biU to amend an Act incorporating the town of Adrian.

A bill to amend the Act, approved October 3, 18R9, so as to confer upon the city of Thomasville the authority to buy or build and equip an electric lighting plant.

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

238

JOURNAL OF THE SENATE.

A bill to increase the salary of the judge of the city court: of Macon.

A bill to amend an Act establishing a board of commissioners of Talbot county.

A bi1l to fix the time for holding the superior courts i~t the counties of Dodge and Montgomery.

A bill to repeal an .Act providing a board of commis-sioners of Pickens county.

A bill to establish the city court of Ashburn.

The House has also adopted the following joint resolutions of the House, to wit :
A ret:olution providing for a commision to inquire into and report on the advisability of revising and consolidatingthe banking laws of this State.

A resolution providing for the appointment of a joint committee to which shall be referred all bills hearing on. the fish and game laws of this State.

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

.A bill to amend an Act approved November 30, 1900, establishing a system of public schools in the city of Thomasville, and for other purposes.
A bill to amend an Act incorporating the city of Thomasville, so as to provide for the election of the city clerk by the qualified voters of said city.

MoNDAY, Jur.v 18, 190-l. A Lill to incorporate the city of Broxton, in C(lffee county, and for other purposes.
A bill to revise the superior court calendar for the counties composing the Brunswick judicial circuit and for other purposes.
The following Senate bills were read first time : By Mr. Hopkins--'
.A bill to amend section 826 of the Code of 1895.
Referred to the General Judiciary Committee.
By Mr. Harrell, by requestA bill to cor~fer upon the senior colonel of the line in,
Georgia the rank and title of Brevet Brigadier-General. Referred to the Military Committee.
By Mr. Harrell, by request-
A bill to amend section 7 of an Act reorganizing the military forces of this State.
Referred to the Military Committee.
The following House bills were read first time:
By Mr. Alexander-
A bill to amend the A.ct establishing the city court oE Washington.
Referred to the Special Judiciary Committee.

:240

JouRNAL OF THE SENATE.

_By Mr. Buchannon-
. A bill to amend ,;ee:.tion 982 so as to make the city of Blakely a State depository.

Referred to the Banks Committee.

By Messrs. Newton, Knight and Valentine-
A bill to change the time for holding the superior courts
.or Berrien, Colquitt and Echols counties.
Referred to the Special Judiciary Committee.

By Mr. MannA bill to amend section 982 of the Code, so as to add
Reidsville to the list of State depoiitories.
Referred to the Banks Committee.

By Mr. Jones-
A bill to amend the Act establishing the city court of Albany, so as to pay the solicitor certain fees.

Referred to the Special Judiciary Committee.

By Messrs. Mayson and CandlerA bill to authorize the town of Kirkwood to provide a
system of public schools.
Referred to the Education Committee.

By Mr. PhillipsA bill to amend the Act establishing system of public
.:Schools for Wad ley.
Referred to the Education Committee.

MONDAY, JULY 18, 1904.

241

By Mr. Phillips-

A bill to amend the charter of Bartow, Ga., relative to hiring its convicts.

Referred to the Corporation Committee. By Mr. Alexander-
A bill to amend the Act establishing the city court of Washington in Wilkes county.
Referred to the Special Judiciary Committee.

By Mr. DanielA bill to amend an Act incorporating the town of Adrian. Referred to the Corporation Committee.
By Mr. MitchellA bill to amend the charter of Thomasville so as to au-
thorize the city to erect and equip electric lights. Referred to the Corporation Committee.
By Mr. BuchanA bill to amend the charter of the town of Eastman.

Referred to "the Corporation Committee.

By Messrs. Kilburn, Hall and Felder-
A bill to increase the salary of the judge of the city court of Macon.
Referred to the special Judiciary Committee.
Ills j

242

JOURNAL OF THE SENATE.

By Mr. Wooten-

A bill to fix the time of holding the superior courts in Dodge and Montgomery counties.

Referred to the Special Judiciary Committee.

By Mr. Parker-
A bill to amend the Act establishing the board of commissioners of Talbot county.

Referred to the Special Judiciary Committee.

By Mr. Beall-
A bill to amend section 982 of the Code so as to add the town of Dallas to the list of State depositories.

Referred to the Banks Committee.

By Mr. Preston-
A bill to establish a new charter for the town of Shady Dale, in Jasper county.
Referred to the Corporation Committee.

The following House bill was read third time and pnt upon its passage :

By Messrs. Hixon and lane-
A bill to provide for the payment of costs of officers in conviction of persons to work on the public roads of Sumter county.

Report of the committee was agreed to.

MoNDAY, JuLY 18, 1904.

243

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 in liue 21 :after the word "county" the words " is authorized," and -inserting in lieu thereof the words" is required."

The following House bills were taken up with adverse :report from com~ittee:

:By Messrs. Steed and Hixon.
A bill to incorporate the Whitesburg school district in <:Jarroll county.

Report of the committee was agreed to and bill lost.

By Messrs. Richardson and JohnsonA bill to incorporate the Ben Hill school district.

Report of the committee was agreed to and bill lost.

The following House bills were read third time and put l(]pon their passage :
By Mr. Evans-
A bill to repeal an Act creating the board of commis~ioners of roads and public works for the county of Washington.
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.

244

JouRNAL oF THE SENATE.

By Mr. Conner-

A bill to amend the Act creating the city court of Cartersville, in Bartow county.

Report of the committee was agreed to.

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

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

By Mr. Beauchamp-

A bill to repeal an Act creating a board of county commissioners for Butts 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 requisit~ constitutional majority, was passed.

By Mr. Cann-
A bil 1 to confirm the sale, by the Mayor and Aldermen of Savannah, to the Savannah Gas Company of a part ofWright street.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 28, nays o_

The bill having receiv~d the requisite constitutional majority was passed.

MoNDAY, Jtri.Y 18, 1904.

245

By Mr. Beauchamp-
A bill to authorize the Board of County Commissioners --()f Butts county to investigate the claim of A. J. Moore, :former tax-collector of said 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.

My .Messrs. Alexander and Grenade--
A bill to incorporate the town of Danburg in Wilkes -<Jounty.

Report of the Committee was agreed to.

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

The bill having rece"ived the reqnisi te constitutional majority was passed.

The following joint resolution was read first time:

By Mr. Jordan-
A resolution appointing a committee of two from the :Senate and three from the House to investigate the manufacture, sale and use of artificial fillers or adulterants in :fertilizers.

Referred to the Agricultural Committee.

The following Senate bill was taken up with House ;.amendment. The amendment was concurred in :

246

JOURNAL OF THE SENATE.

By Mr. Sweat-

A bill to incorporate the city of Broxton in Cuffeecounty.

The amendment is as follows: By striking section 51r and number other s~ctions accordingly.

The following House bills were read second time:

By Mr. Alford-

A bill to repeal the act incorporating Ashburn, approved December 26, 1890.

By Mr. Alford-

A bill to create a new charter for Ash burn, Worth county.

By Mr. McHenry-
A bill to amend sub-section 11 of section 4082 of the Code.

By Mr. Buchan-

A bill to create a Board of Commissioners of Roads and Revenues for Dodge county.

By Mr. Carr-

A bill to amend the act establishing the Board of Commissioners of Roads and Revenues for Newton county.

The following House resolution was read second time ~

TuESDAY, JuLY 19, 1904-,

247

By Mr. Whitley-
A resolution appointing a committee to investigate the feasibility of leasing part of the State's property lying along the right of way of theW. & A. R. R.

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

Senate Chamber, Atlanta, Ga., Tuesday, July 19, 1904:.
The Senate met p.ursuant to adjournment at 11 o'clock; was _called to order by the President.
Prayer was offered by the Chaplain. By unanimous consent the roll-call was dispensed with. The Journal of yesterday was read and approved.
The following message was received from the House of Representatives through Mr. Bo~feuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional ma-
jority the following bills of the House, to wit: A bill to amend the charter of Edgewood. A bill to incorporate the Danburg school district. A bill amending the charter of Lake Park.

248

.JOURNAL OF THE SENATE.

A bill authorizing the mayor and council of Washington, Ga., to issue school bonds.

A bill authorizing the mayor and council of Washington, Ga., to issue bonds to enlarge and improve the waterworks of said city.

A bill providing compensation for each county commis-
sioner and ex officio judge ?f Chatham county.

A bill authorizing the mayor and council of Carrollton to levy and collect an additional tax for the purpose of creating a fund to pay the principal and interest of bonds issued for waterworks, sewerage and electric lights.

A bill to amend the charter of Buford.

A bill to amend an Act to provide a new charter for Tennille.

A bill to amend an Act establishing a Reformatory Institute in the county of Richmond.

Mr. Merritt~ Chairman .of the Military Committee, submitted the following report :
Mr. President:
The Committee on Military has had under consideration the following Senate bills, which it instructs me to report with the recommendation that they do pass, to wit:
A b~ll to confer upon the senior colonel of the line G. S. T. the rank of Brigadier-General.

TUESDAY, JUI,Y 19, 1904.

249

A bill to provide that the two assistants of the AdjutantGeneral shall have the rank of Colonel and LieutenantColonel, respectively.
Respectfully submitted,
R. L. MERRITT, Chairman.

Mr. Middlebrooks, Chairman of the Committee ou Corporations, submitted the following report:
Mr. President:

The Committee on Corporations has had under consid-eration the following Senate bill, which it instructs me to l'eport with the recommendation that it do pass, to wit :

A bill to amend an Act amending the charter of the city o0f Columbus.
Respectfully submitted,
L. L. MIDDLEBROOKS, Chairman.

Mr. Jordan, ch11irman of the Committee on Agriculture, submitted the following report :

Mr. President:
The Committee on Agriculture has had under consideration the following Senate bills and resolution, which it instructs me t6 report with the. recommendation that they -do pass, to wit :
A bill to prohibit the importation of seed from cotton, .cottonseed-hulls, cottonseed-meal, hay or any other products .affected with Texas boll weevil.

250

JOURNAL OF THE SENATE.

A. bill to fix and regulate the weight of cornmeal in this State.

A resolution to appoint a committee to investigate and report upon use of" fillers" used in the fertilizer industry of the State.
Respectfully submitted,
HARVIE JORDAN, Chairman.

The following Senate bills were read first time :

By Mr. Howell-
A. bill to amend section 3 of the Constitution providing for the number of Representatives. .

Referred to the Constitutional Amendments Committee

By Mr. McLean-
A. bill to protect the owners of live stock in Mcintosh county.
Referred to the Special Judiciary Committee.

By Mr. Skelton-
A. bill to amend section 369 of the Code relative tobridges between counties.
Referred to the General Judiciary Committee.

By Mr. Davis-
A. bill to provide the dormancy of judgment"' by making certain entries and records on the general execution docket.
Referred to the General Judiciary Committee.

TuESDAY, JuLY 19, 1904.

251

By Mr. Stevens--

A bill to authorize 0. H. Sheffield et al. to construct a. dam across the Savannah river.

Referred to the Special Judiciary Committee.

By Mr. Symons--

A bill to amend section 291 of the Code of 1895. Referred to the General Judiciary Committee.

By Mr. Symons-A bill to amend section 735 of the Code.

Referred to the General Judiciary Committee.

The following House resolution was taken from thetable to be put upon its passage:

By Mr. Almond-
A resolution to authorize the Commissioner of Pensionsto reinstate J. J. W. Glenn, of Rockdale, on the pension. roll for 1903.

Report of the committee has already been agreed to.

Upon the pas~age C:f the resolution the ayes were or-
dered, and the vote was as follows :
Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Davis, Duncan, of xoth,

Duncan, of 36th, Harrell, Hightower, Hudson, Jordan, Lee,

Lewis, McClure, :McLean, Middlebrooks,. Moore, Park,

:252

JouRNAL oF THE SENATE.

Reid, Smith, Snead, -Starr,

Stevens, Sweat, Symons,

Turner,
Van Buren, Williams,
- -.

Tbose voting in the negative were Messrs.-

Comas, Hopkins, Mathews,

McMichael, Merritt,

Tisinger, Worsham,

Those not voting were Messrs.-

<::lements, Crumbley, .Colden,

Ledford, Perry, Roberts,

Ayes 29, nays 7.

Skelton, Taylor, Mr. President.

The resolution was passed.
Mr. Davis, acting chairman of the General Jt~diciary .Committee, made the following report :

Mr. President:
The General Judiciary Committee has had under com;id-eration the following bills of the Senate, which I am in-structed to report back with the recommendation that they do pass.

A bill to amend section 1775 of the Code of Georgia of 1895, amended by Act approved December 15, 1900, in regard to impounded animals.

A bill to change the time of holding the superior court -of Hancock county, and for other purposes.

A bill to make bond.s for title admissible to record.

TUESDAY, JUI.Y 19, 1904.
A hili to fix the salary of the stenographer in the office of the Attorney-General.
Also, that the following bill of the Senate do pass asamended:
A bill to authorize cities and towns to distribute, use and, sell gas and electricity, and for other purposes.
Respectfully submitted, WM. H. DAVIS, Acting Chairman.
Mr. Hopkins, vice-chairman of the Committee on Con-stitutional Amendments, made the following report:
Mr. President:
The Committee on Constitutional Amendments 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 prohibit the sale of cigarettes, cigarette tobacco, cigarette paper or substitute therefor, in the county of Hart and prescribe penalty therefor.
Respectfully submitted, H. W. HOPKINS, Vice-Chairman.
The following is the report from the committee who vis-ited the State Sanitarium:
Mr. President:
Your Committee on State Sanitarium desire to report,. that we have again visited that noble institution. All that-

'254

JOURNAl, OF THE ~ENATE.

we have stated in our reports rendered in 1902 and in 1903 we most earnestly reiterate .and reaffirm, as we feel that we -could not be too extravagant in any language we might use in expressing our approval of the conditions which there -exi~t, or in commending the wisdom and ability displayed by those in charge of its affairs. The people of Georgia :are to be congratulated that, from the Board of Trustees to the most humble employee, all seem to work together harmoniously for the welfare ofthe unfortunates consigned to their care, and their intelligent and efficient labors are con{)ucted with such skill and economy as to appear almost marvelous to those who carefully, and without bias, study what has been and what is now being accomplished.
The necessity for JUaking such appropriations for its maintenance as the Board of Trustees may request will be -:~pparent to every unprejudiced mind, when we consider the character of the men who compose this board, read their report to the Governor for the eight months ending January 1st, 1904, and then learn that since that report was made, there have been 579 applications for admission and 466 patients received, leaving on file 113 applications over and above those received.
The Board of Trustees, last fall, appointed a committee to consider the advisability of instituting a new method of hookkeeping in connection with the supply department. After due investigation, it was decided to adopt a system designed by an expert accountant, who thoroughly acquainted himself with the purposes sought to be accomplished. A bookkeeper has been employed at a salary of $1,200 per annum, whom we think is thoroughly competent, and the daily transactions in this department, even in the most minute details, are clearly shown by the various books which are now kept. The "petty cash" account of the steward received our careful consideration, and we are .at a loss to conceive how a more simple, intelligible, and honest record could be kept.

TuESDAY, JuLY 1~, 1904.

255

When we consider the magnitude of this, the grandest and noblest charity fostered by the State, think of the vast properties, which are so ably preserved and cared for, realized the multitudinous details which demand daily and hourly attention, and ponder over the condition of its in. mates, we are thoroughly impressed with the extraordinary wisdom, fidelity and ability manifested by those in charge, and are almost astounded to know that it bas been so economically operated.
J. R. VANBUREN, Chairman.

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

By Mr. Davis-
A billto require all State H9use officers to give bond in some security company and said bonds are to be paid by the State.

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. Davis-
A bill to provide for remedy on official bonds given by officers of this State in certain cases.

Report of the committee was agreed to. Upon the pas~age of the bill the ayes were 27, nays 0.

256

JouRNAL OF THE SENATE.

. The bill having received the requisite constitutional majority was passed as amended ~nd the amendments are as follows:

Committee amends by adding to section 1 the following : " Provided, that. nothing in this Act shall be construed to affect or repeal any laws or parts of laws now of force authorizing the Comptroller-General or county authorities to
issue fl. fas. against any officer of the State or county on
the official bond of such officer and the security on such bond."

On motion the Australian Ballot bill was made special order for next Tuesday immediately after the reading of the Journal.

The following Senate bill was read first time :

By Mr. Hudson-
A bill to authorize the county authorities in each county working convicts on public roads to so dispose of and employ and manage such convicts as they deem best.

Referred to the Special Judiciary Committee.

The following House bills were read first time :

By Messrs. Alexander and GrenadeA bill to incorporatethe Danburg school district. Referred to the Education Committee.

By Mr. CandlerA bill to amend the charter of Edgewood. Referred to the Corporations Committee.

TuESDAY, JuLY 19, 1904.

257

By Messrs. Flanigan and Pate-

A bill to amend tbe present charter of the city of Burord.

Referred to the Corporations Committee.

By Messrs. Hixon and Steed-
A bill to empower the mayor and council of Carrollton to levy a tax not exceeding three and one-half tenths of one per cent._ annually in addition to the amount now levied.
Referred to the Corporations Committee.

By Mr. Cann-
A bill to provide that each county commiSSioner and ex officio judge of Chatham county shall receive salary or collipensation for his services.
Referred to the Special Judiciary Committee.

By Mr. Alexander-
A bill to authorize the mayor and council of Washington to issue bonds to enlarge it~; water-power.

Referred to the Corporations Committee.

By :Mr. Alexander-

A bill to authorize_ the mayor and council of Washington to issue bonds to improve public schools.

Referred to the Education Committee.
17 s i.

258

JoURNAL OF THE SENATE.

By Messrs. McRae and West-

A bill to amend the charter of Lake Park.

Referrerl to the Temperance Committee.

.By Mr. Jones-
A bill to repeal an Act providing a board of commissioners of roads and revenues for Pickens county.
Referred to the Corporations Committee.

J3y Mr. Alford-
A bill to establish the city court of Ashburn. Referred to the Special Judiciary Committee.
The following House resolutions were read first time:
:By Mr. BoykinA resolution providing for a joint committee to which
shall be referred all the bills bearing on the fish and game laws of this State.

This resolution was concurred in_ Committee from Senate are Senators Hopkins and Comas.

:By Mr. Calvin-
A resolution providing for a commission to inquire into .and report on .the advisability of revising and consolidating .the banking laws of this State.
Referred to the Banks Committee.

TUESDAY, JULY 19, 1904.

259

The following House bills were read first time:

lBy Mr. FranklinA bill to provide a new charter for the city of Tennille.

Referred to the Corporations Committee.

By Mr. Calvin-
A bill to amend section 5 of an Act establishing a Reformatory Institute in the county of Richmond.

Referred to the Special Judiciary Committee.

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

211r. President:
The Committee on Banks has h~d under consideration the following bills of the House, which I am instructed to l'eport back with the recommendation that they do ]ass:

A bill to amend section 982 of volume 1, of the Code -of Georgia, of 1895, providing for the selection by the Governor of banks in certain cities therein named 80 as to .add the city of Blakely in Early county to the list of such .cities.

A bill to amend section 982 of volume 1, of the Code -of Georgia, providing for the selection by the Governor the town of Dallas in Paulding county, Georgia, as one of the State depositories.

A bill to amend section 982 of volume 1, of the Code -of 1895, providing for the selection by i:he Governor of

260

JOURNAL OF THE :SE:SATE.

banks in certain cities and towns therein named as State depositories, and the several acts of the General Assembly of Georgia, amendatory thereof, so as to add the town of Reidsville, in Tattnall county, Ga., to the list of such cities and towns.
Respectfully submitted,
S. R. CHRISTIE, Chairman.

Senate Bill No. 186 was recommitted to the General Judiciary Committee.

The following House bills were read second time:

By Mr. Buchanon-
A bill to amend section 982 of the Code by adding the city of Blakely to the list of State depositories.

By Mr. Beall-
.A bill to amend section 982 of the Code by adding the town of Dallas to the list of State depositories.

By Mr. Mann-
A bill to amend section 982 of the Code so as to add the town of Reidsville to the list of State depositories.

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

By Mr. Whitley-
A resolution to appoint a joint committee to investigate the feasibility of leasing part of the State's property along theW. & .A. R. R.

Report of the Committee was agreed to.

TuESDAY, JuLY 19, 190!.

261

Upon the pasEage of the resolution the ayes were 29, naysO.

The resolution having received the requisite constitutional majority was passed.

Committee on part of Senate are Senators Harrell and Turner.

Senate bills Nos. 209, 212 and 206 were tabled.

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

By Mr. Carr-
A bill to amend the Act establishing the board of county commissioners of Newton 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 qlajority was passed.

By Mr. Alford-

A bill to repeal an Act incorporating the town of Ashburn.

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.

262

JouRNAL OF THE SENATE.

By Mr. AlfordA bill to create a charter for the city of Ashburn.

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. Buchan-
A bill to create a board of commissioners of roads and! revenues for Dodge county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays Or

The bill having received the requisite constitutional majority was passed.

The following House bill was taken up with adverse report from committee :

By Mr. McHenry-
A bill to amend sub-section 11 of section 4082 of theCode.
Report of the committee was agreed to and bill lost.

The following Senate bills were read second time :

By Mr. McMichael-
A bill to amend an Act amending the charter of the city of Columbus.

TuESDAY, JuLY 19, l9Q4.

26~l

By Mr. Harrell, by request-

A bill to confer upon the senior colonel of the line in the Georgia State troops the rank and title of Brevet Brigadier-General.

By Mr. Harrell, ~y request-
A bill to amend section 7 of an Act approved December 17, 1902, to reorganize the military forces of this State.

By Mr. Jordan-

A bill to fix and regulate the weight of cornmeal.

By Mr. Hopkins--

A bill to amend section 826 of the Code.

This bill was recommitted.

By Mr. Merritt-

A bill to change the time for holding the superior court of Hancock county.

By Mr. Park....:..

A bill to authorize cities and towns to manufacture, distribute, use and sell gas and electricity, a:nd for other purposes.

By Mr. Middlebrooks-

A bill to amend section 1775 of the Code of 1895.

By Mr. Mathews-

A bill to make bonds for title admissible to record.

264

JOURNAL OF THE SENATE.

By Mr. Atkinson-

A bill to fix the salary of the stenographer in the office of Attorney-General.

By Mr. Starr-

A bill to prohibit the importation of seed cotton, cottonseed hulls and other products affected with Texas boll weevil in this State.

Senators Duncan, McClure, Starr and Allen were granted leave of absence to visit convict camps.

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

Senate Chamber, Atlanta, Georgia, Wednesday, July 20, 1904.

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

Prayer was offered 'by the Chaplain.

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

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

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

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

WEDNESDAY, JULY 20, 1904.

265

McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid,

Skelton, Smith, Snead, Starr, Stevens, Sweat, Symons,

Taylor, Tisinger, Turner, Van Buren; Williams, Worsham, Mr. President.

Those absent were Messrs.-

Duncan, of 10th,

Roberts,

The Journal of yesterday was read and approved.

The following message was received from tlhe House thl"'ugh :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 the charter of Canton, relative to public schools.

A bill to incorporate the town of M'atthew;;.

A bill to repeal an Act to incorporate the ixnvn of Social Circle.

A bill to incorporate the city of Social Circle.

A bill to create a new charter for the city of Marietta.

A bill to amend the charter of the town of Poulan in worth county, Georgia.
A hill 1lo 'amend an Act inCorporating the Waresboro school district, approved August 18, 1903.

266

JOURNAL OF THE SENATE.

A bill to repeal an Act to amend an Act to establish a city court in the county of Hall.

A bill to ~tbolish the board of county commissioners oi. roads and revenues in and for the county of Oglethorpe.

A bill to incorporate the town of Scott, in the county of Johnson.

A bill to create the office of commissioner of roads and revenues in and for Oglethorpe county.

A bill to amend an Act creating a board of commisaioners of roads and revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved
December 13, 1871, and for other purposes.

The following Senate bills were read first time:

By Mr. Duncan-

A bill to prescribe the time in which uotes, checks, drafts and other commercial papers are to be protested.

Referred to the Banks Committee.

By Mr. Reid-
A bill to autJh'Orize and allow tlhe ordinary and judge of the county court of '.Daliaferro eounty to be held by one and the same person.
Referred 1Jo the Special Judiciary Committee.
On motion Senate Resolution No. 84 waa recommitted to the Agricultural Committee.

WEDNESDAY, JuLY 20, Hl04.

267

By }fr. Mathews-

A bill to amend an ~t\.ct approved December 21, 1897, requiring the Commissioner of Agriculture to esta:blish a special department of horticulture and pomology.

Referred to the Agricultural Committee.

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

By Mr. Howell-
A bill to amend section 3 of the Constitution providingthe number of members of the General Assembly.

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

The Special Judiciary Committee has had under consideration the following Senate bills, which it instniCts me to report with the recommendation that they do pass, to wit:

A bill to protect the owners of live stock in 1.Iclntosh county, Ga.
A bill to provide a remedy for the recovery of oounty taxes paid a county not entitled to receive them.
A bill to authorize 0. H. Sheffield et al. to construct ?. dam across the Savannah river.
A bill to auiliorize counties not working convicts on

"268

JouRNAL OF THE SENATE.

public roads to dispose of them in such manner as will best subserve the public interest.

The committee has also had under consideration the following House bills w'hich it instructs me to report with i.hl' recommendation that they do pass, to wit:

A bill to fix the time for holding the superior courts o Berrien, Colquitt and Echols counties.

A bill to fix the time of holding the superior courts of Lodge and Montgomery counties.

A bill to pn.y a salary to the county commissioners of {"hatham county, Ga.

A ]:,ill ~o amend Act establishing a board of commi~sir.n er~ of Tnlbot county.

A bill to amend Act establishing city court of Albany.

A bill to increase the salary of the judge of the city court <>f Macon.

A bill t0 create a board of commissioners for Washing-

tun <Wlllty.

f. r.

A bill tn :ll!Jend H'ction 5 of Act establishing a ref,;pnatory in Richmond county.

A bill to establish the city court of Ashburn.
Respectfully submitted. B. L. TrsiNGER, Chairman.

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

WEDNESDAY, JULY 20, 1904.

269-

Mr. President:

The Committee on Enrollment reports as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House, the following Acts, to wit :

An Act to revise the superior count calendar for the: counties composing the Brunswick judicial circuit.

An Act to amend 'all Act incorporating the city of Tho1r1 asvme so as to provide f?r the election of the city clerk by the qualified voters of said city.

An Act to amend an Act approved November 30, 1900. establishing a system of public schools in the city of Thomasville, Ga.
Respectfully submitted. W. F. SYMONs, Chairman.

:Mr. Perry, chairDl'an o the Committee on Constitutional Amendments, submitted tJhe following report:

Mr. President:
The Committee on Constitutional Amendments has had under considerati'On the following Senate bill, which it instructs me to report with the recommendation that it do pai*3, to wit :
A bill to amend paragraph 18, section 7, article 3 of the Constitution prescribing how corporate powers may be, granted.
The committee has also had under consideration tJhe fol-

270

JouRNAL oF THE SE.NATE.

lowing Senate hill, which it instructs me to report with tlw recommendation that it do pass as amended, to wit:

A bill tJo amend paragva:ph 1, section 2, article 11 of the Constitution.
Respectfully submitted. H. H. PERRY, Chairman.

Mr. Middlebrooks, chairman of the Committee on Corporations, submits the following report:

M1. President:

The Committee on Corporations has had under consideration the following House hills, whi~h it instructs me to report with the recommendation that they do pits;;, to wit:

A bill to amend Act incorpo11ating town of Adrian.

A bill to authorize the mayor and council of Washington to issue bonds.

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

A bill to provide ,a board of commissioners of roads and revenues for Pickens county.
A bill to amend the charter of Edgewood.

A bill to estalish a new charter for Shady Dale.

A bill to amend the charter of Buford.

A bill to amend the Act to provide a new charter for Tennille.

WEDNESDAY, JuLY 20, 1904.

271

A bill to authorize the Mayor and Council of Carrollton to. levy and collect a tax.
Respt'ctfully submitted, L. L. MIDDLEBROOKS, Chairman.

Mr. Symons, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment reports as duly enrolled, signed by the President of the Senate and Speaker of the House and delivered to the Governor, the following Acts, to wit:

Au Act to amend an Act, approved November 3.0, 1900, establishing a system of public schools in the city of Thomasville, Ga.

An Act to amend an Act incorporating the city of Thomasville so as to provide for the election of the city clerk by the qualified voters of said city.

An Act to revise the superior court calendar for the counties composing the Brunswick Judicial Circuit.
Respectfully submitted, W. F. SYMONS, Chairman.

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

Mr. President: The Committee on Engrossing has examined the follow-

272

JOURNAL OF THE SENATE.

ing Senate bills, which it finds correctly engrossed and ready for transmission to the House, to wit :

.A bill requiring the Treasurer, Comptroller-General and Secretary of State to give bond in sum now fixed by law, and provide for the summary collection of such bonds in cases of default.

.A bill to provide for remedy on official bonds given by the officers of this State in the event of default.
Respectfully submitted, M. L. LEDFORD, .Acting Chairman.

The following House bills were read first time :

By Mr. Morris-

.A bill to create a new charter for the city of Marietta. Referred to the Corporations Co!fimittee.

By Mr. Alford.A bill amending charter of the town of Poulan. Referred to the Corporations Committee.

By Mr. Mills-

.A bill to amend the charter of the town of Canton. Referred to the Education Committee.

WEDNESDAY, JULY 20, 1904.

273

By Mr. Sptmce-

A bill amending the Waresboro school district in Ware county.

Referred to the Education Committee.

By Mr. Phillipe:-
A bill to incorporate the town of Mathews in Jefferson county.
Referred to the Corporations Committee.

By Messrs. Lawrence and BoothA bill to rE.'peal an Act incorporating the town of Social
Circle. Referred to the Corporations Committee.
By ME.'ssrs. Lawrence and BoothA bill incorporating the town of Social Cir?le. Referred to the Corporations Cummittee.

By Mr. Rogers-
A bill to repeal an Act establishing th~ city court of Hall county.

Referred to the Special Judiciary Committee.

By Messrs. Hixon and Lane-
A bill to amend an Act creating the board of county
18~ j

274

JoURNAL OF THE SENATE.

commissioners for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene.
Referred to the Special Judiciary Committee.

By Mr. Arnold-
A bill to abolish the board of county commissioners for Oglethorpe county.

Referred to the Agricultural Committee.

By Mr. ArnoldA bill to create the office of commissioner of roads and
revenues for Oglethorpe county.
Referred to the Agricultural Committee.

By Mr. KentA bill to incorporate the town of Scott in Johnson county.

Referred to the Corporations Committee.

The following Senate bills were read first time:

By Mr. Jordan-
A bill to amend section 1791 of the Code so as to change the salary of the Commissioner of Agriculture.

Rt=:ferred to the Agricultural Committee.

By Mr. Harrell, by requestA bill to establish dispensaries for the county of Mitchell.

Referred to the Temperance Committee.

WEDNESDAY, JULY :20, 1904.

275

By Mr. Howell, by request-

A bill for the protection of the manufacturer, bottlers and dealers iu ginger ale and other mineral waters.

Riferred to the General Judiciary committee : .

The following Senate bills were read second time :
By Mr. Hudson-
A bill to authorize the county authorities in each county working their convicts to manage and work same to best advantage.
By Mr. Merritt-
A bill to amend paragraph 18 section 7 article 3 of the Constitution.
By Mr. McLean-
A bill to protect the owners of live stock in Mcintosh county.
By Mr. Stevens-
A bill to authorize 0. H. Sheffield to construct a dam across the Savannah river.

By Mr. Jordan-
A bill to provide a remedy for the recovery of taxes which has been paid to a court not entitled by law toreceive the same.

276

JouRXAL oF THE SEXATE.

By Mr. Skelton-

A bill to amend section 369 of the Code. This bill was recommitted.

By Mr. TisingerA bill to enlarge the powers of the Railroad Commission.

This bill was recommitted.

By Mr. Davis-



A bill to prevent the dormancy of judgments by making certain entries and records on the general execution docket.

This bill was recommitted.

The following House bills were read second time. By Mr. Franklin-
A bill to provide a new charter for the city of Tennille. By Messrs. Flanigan and Pate-
A bill tl) amend the charter of the city of Buford.

By Mr. Daniel-

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

By Mr. Alexander-
A bill to authorize the mayor an:l council of Washington to issue bonds to improve waterworks.

.WEDNESDAY, JULY 20, 1904.

277

By Messrs. Hixon and Steed-

A bill to authorize the mayor and .council of Carrollton to levy a tax of three-tenths of one per cent. in addition to the tax already levied.

By Mr. Candler-

A bill to amend the charter of Edgewood.

By Mr. Jone~

A bill to repeal the Act creating the Board of County Commissioners of Pickens county.

By Mr. Buchan-

A bill to amend the charter of Eastman.

By Mr. Preston-

A bill to establish a new charter of the town Sha:rly Dale.

By Messrs. Kilburn, Hall and Felder-

A bill to increase the salary of the Judge of the city c,mrt of Macon.

By Mr. Jones-
A bill to amend the Act establishing the City Court of Albany.

By Mr: Parker-
A hill to amend an Act establishing the Board of County Commissioners of Talbot county.

278

JOURNAL OF THE SENATE.

By Mr. Cann-

A bill to provide_ that each County Commissioner and ex officio Judge of Chatham county shall receive compensation for his services.

By Mr. Wooten-

A bill to fix the time of holding the Superior Courts in Dodge and Montgomery.

By Messrs. Newton, Knight and Valentine-

A bill to fix the time for holding the Superior Courts of Colquitt, Berrien and Echols.

By Mr. Evans-

A bill to create a Board of County Commissioners for Washington county.

By Mr. Calvin-
A bill to amend the Act establishing the Reformatory Institute of Richmond connty.

By Mr. Alford-

A bill to establish tbe City Court of Ashburn.

The following Senate bills were read first time:

By Mr. Perry-

A bill to provide for fast writs of error to interlocutory orders directing or conferring of sales of property.

Referred to the General Judiciary Committee.

WED~ESDAY, JuLY 20, 1904.

279

By Mr. Park-

A bill to amend the Act creating the Prison Commission of the State.
Referred to the Penitentiary Committee.

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

A bill to make it unlawful to distil or manufacture spirituous or intoxicating liquors, or to set up or operate a distillery in the county of Wilkes, to provide a penalty therefor, and for other purposes.

A bill to make it unlawful to distil, manufacture, make or produce any alcohol, spirituous, malt or intoxicating liquors from grains, from and aftl!r December 31, 1904, in the county of Pike, and to prescribe a penalry for violation of the same, and for other purposes.
Respectfully. submitted, J. T. DUNCAN, Chairman.

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

By Mr. McLeanA bill to amend paragraph 1, section 2, of article 11 of

280

JOURNAL OF THE SENATE.

the Constitution, so as to provide that County officers shall hold office for four years.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered, and the vote i~ as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 36th, Golden, .Harrell, Hightower, Hudson,

Jordan, Lee, Ledford, Matlrews, McLean, Merritt, Middlebrooks, Moore, Park, Perry, Reid,

Skelton, Smith, Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams,

Those voting in the negative were Messrs.-

Hopkins,

Lewis,

McMichael,

Those not voting were Messrs.-

Allen, Duncan, of IOth, McClure,

Roberts, Starr,

Ayes 34, nays 3.

Worsham, Mr. President.

The bill having received the requisite constitutional majority was passed as amended-and the bill is as follows :

A bill to be entitled an Act to amend paragraph 1 of section 2 of article 11 of the Constitution of this State by striking the word "two," in the third line of said para-



WEDNESDAY, JuLY 20, 1904.

281

graph, and inserting in lieu thereof the word "four,'' so as to change the terms of the county officers in the various counties of this State from two to four years.

SECTION 1. Be it enacted by the General Assembly of the State of Ge01gia, and it is hereby enacted by the authority of the same, That paragraph 1 of section 2 of article 11 of the Constitution of this State be, and the same is, hPreby amended by striking the word "two," in the third line of said paragraph, and inserting in lieu thereof the word "four," so that when so amended the same shall read aR follows: "The countyofficers shall be elected by the qualified voters of their respective counties or districts, and shall hold their offices for f,mr years, or until their successors are chosen and qualified. They shall be removed from .office on conviction for malpractice in office, and no person shall be eligible to any of the offices referred to in this para- graph unless he shall have been a resident of the county for two years and is a qualified voter."

SEc. 2. Be it further enacted by the authority aforesaid, That whenever the proposed amendment to the C(nstitution shall be agreed to by two-thirds of the members ~lected to each of the "Houses" of the General Assembly, the Governor 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 a period of two mouths next preceding the time of holding the next general election.

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 sev-

282

JOUR:SAL OF THE SE:SATE.

eral districts of this State, at )vhich election every person shall be qualified to vote who is entitled to vote for members of the General Assembiy. All persons voting at said election in favor of adopting the proposed amendment, or either of them, to the Constitution of this State, shall have written or printed on their ballots the words, "For ratification of the amendment of paragraph 1 of section 2 of article 11 of the Constitution," "For ratification of the amendment of paragraph 2 of section 1 of article 5 of the Constitution.'' And all per;;ons opposed to said amendment, or either of them, shall have written or printed on their ballots, "Against the ratification of amendment of paragraph 1 of section 2 of article 11 of the Constitution," "Against the ratification of the amendment of paragraph 2 of section 1 of article 5 of the Constitution."

SEc. 4. Be it further enacted by the authority aforesaid, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the foregoing proposed amendment 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 Srate, to ~hom the returns shall be referred in the same 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. 5. 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.

WEDNESDAY, JULY 20, 1!)04.

283

By Mr. Merritt-

A bill to change the time of holding Superior Court of Hancock county.

Report of the Committee was agreed to.

Upon the pa~sage of the bill the ayes were 26, nays 0.

The hill having received the requisite constitutional majority was paEeed.
By Mr. MiddlebrooksA bill to amend section 1775 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.

By Mr. Starr-
A bill to prohibit the importation of seed cotton, cotton seed and other products aftected with Texas boll weevil.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having rec.eived the requisite constitutional majority was passed.

JOURNAL OF THE SENATE
.By Mr. MathewsA bill to make bonds for title admissible to records.
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. Harrell, by request-
A bill to confer upon the senior colonel of the line in the Georgia State troops the rank and title of Brevet BrigadierGeneral.
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. Jordan-
A bill to fix and regulate the weight of cornmeal 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.

..

WEDNESDAY, JULY 20, 1904.

285-

By Mr. Harrell, by requP-st-

A. bill to amend section 7 of an Act reorganizing themilitary forces of tnis State.

Report of the committee was agreed to.
Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutirnal ma-jority, was passed.

By Mr. Golden-

A. bill to prohibit the sale of cotton futures in this State..

Report of the committee was agreed to.

Mr. Hopkins moved to indefinitely postpone the bill and" on this motion the ayes and nays were ordered, and thevote is as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Hopkins,

Reid, Symons,

Tisinger,

Those voting in the negative were Messrs.-

Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 36th, GoI!len, Hightower, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McLean, McMichael, Merritt, Moore, Perry,

Skelton, Smith, Snead, Stevens, Sweat, Taylor, Turner, Van Buren, Williams,

286

JOURNAL OF THE SESATE.

Those not voting were Messrs.-

Allen, Duncan, of 10th, Harrell, McClure,

Middlebrooks, Park, Roberts,

Ayes 5, nays 29.

Starr, Worsham, Mr. President.

The motion was lost.

Upon the passage of the bill the ayes and nays were ordered and the vote was as follows :

Those voting in the :tffirmative were Messrs.-

Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 36th, Golden, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McLean, McMichael, Merritt,

Perry, SkeLton, Smith, Snead, Sweat, Taylor, Van Buren, Williams,

Those voting in the negative were Messrs.-

Atkinson, Harrell, Hightower, Hopkins,

Moore, Park, Reid, Stevens,

Symons, Tisinger, Turner,

Those not voting were Messrs.-

Allen, Duncan, of 10th, McClure,

Middlebrooks, Roberts, Starr,

Worsham, Mr. .t>resident

Ayes 25, nays 11.

The bill having received the requisite constitutional rna-

WEDSESDAY, JuLY 20, 1904.

287

jority was passed by substitute as amended, and the amendments are as follows :
Amend section 1 by adding the following: Provided that this Act shall not prevent legitimate transactions by persons who buy or sell for future delivery for the purpose of protecting transactions when actual products are to be delivered or received. Amend by inserting after the word :~purposes" in the 7th line of section 1 the following words: "And there iA no intention to deliver the actual products purchased or sold"; also, by striking out of section 1 all the paragraph beginning with the word " Provided " in the 7th line therE::of,

By Mr. Park-
A bill to authorize cities and towns to manufacture., distribute, use and sell gas and electricity for lighting purposes.

Report of the committee was agreed to.

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

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

Amend section 1 by striking out the words " within its limits" as they appear in line four of said section.

Further amend section 1 by striking the words "of its inhabitants," as they appear in line 7 in said section and inserting in lieu thereof the words "persons or corporations.'' Also by striking the words "within its limits" as they appear in lines 2 and 3 of section 3; also, by striking the words "its inhabitants" as they appear in line 5, section 4, and insert in lieu thereof the words "persous or corporations."

288

JOURNAL OF THE SENATE.

Amend section 5 by striking the word "shall'' in line 7 of said section and inserting the word "may''; also, by striking the word "shall" in the 12th line and inserting the word"may"; also by strikingtheword"shall''in the 20th line and inserting the word "may''; also amend by striking the letter "A'' at the end of 23rd line of section 5 and all the remainder of the section.

The following Senate Hll was read first time :

By Mr. Perry-

A bill to make it a misdemeanor to bet on the result of primary or other elections in this State.

Referred to the General .Tudiciary Committee..

Leave of absence was granted Senators Jordan and Middlebrooks for Thursday and Friday.

The Senate adjourned until to-morrow morning at 11 o'clock.

Senate Chamber, Atlanta, Georgia, Thursday, July 21, 1904.
The Senate met pursuant to adjournn:ent 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 yesterday was read and approved.

THURSDAY, JULY 21, 1904.

289

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 paragraph 1, section 3, article 3, of the Constitution of this State.

A bill to provide a new charter for the town of Rockmart.

A bill to establish the city court of Mount Vernon.

Mr. Worsham, Acting Chairman of the Engrossing .Committee, submitted the following report :

Mr. President:
The Committee on Engrossing has examined the follow;ing Senate bills which it finds correctly engrossed and ready for transmission to the House, to wit:

A bill to prohibit the purchase or sale of cotton futures.

A bill to prohibit the importation of seed from cotton, Cottonseed-hulls, or other products affected with Texas boll weevil.

A bill to change the time of holding the Superior Court .Qf Hancock county.

A bill to regulate the weight of cornmeal.

A bill to amend Act to make bonds for title admissible
to record.
198 i

290

JoURNAL OF THE SENAT&

A bill to .confer upon the Senior Colonel of the lineGeorgia State Troops the rank of Brevet Brigadier-General.
A bill to amend section 7 of Act approved December 17, 1902, so as to provide that the two assistants of the Adjutant-General shall have the rank of Colonel and Lieutenant-Colonel respectively.

A bill to authorize cities and towns to manufacture, use,. sell, etc., gas or electricity .for lighting purposes.

A bill changing Constitution paragraph 1, section 2,. article 11, so that the terms of county officers shall be for four years instead of two years.
A bill to amend section 1775 of Civil Code of 1895 so as to authorize owners or claimants of impounded stock to redeem by giving bond, and for other purpoEes.
Respectfully submitted, W. A. WORSHAM, Acting Chairman.
Mr. Christie, Chairman of the Committee on Banks,.. submitted the following report:

Mr. President:
The Committee on Banks has had under consideration the following House resolution, which it instructs me to report back with the recommendation that the same do pass:.
A resolution providing for a commission to inquire into and report on the advisability of revising and consolidating the banking laws of Georgia.
Respectfully submitted,
S. R. CHRISTIE,
Chairman ..

THuRSDAY, JuLY 21, 1904.

291

Mr. Perry, Chairma!l of the Committee on Constituional Amendments, submitted the following report:

Mr. Presidem:

The Constitutional Amendments Committee has had under consideration the following Senate bill which it instructs me to report with the recommendation that it do pass by substitute, to wit :

A bill to amend section 3 of the Constitution providing for the number of members of the House of Representatives.
Respectfully submitted, H. H. PERRY, Chairman.
Mr. Tisinger, Chairman of the Special Judiciary Committee, submitted the following report :

Mr. President:

The Speciai Judiciary Committee has had under consideration the following House bills, which it instructs me to report with the recommendation that they do pass, to wit :
A bill to amend Act establishing the city court of Washington.
A. bill to amend Act approved November 29, 1899, establishing the city court of Washington.

A bill to repeal Act amending Act to establish a city court in Hall county.
A bill to a mend Act creating a Board of Commissioners

292

JOURNAL OF THE SENATE.

ot Roads and Revenues in ~umter and other counties as far as the same relatE.'s to the election of commissioners for Sumter county.
Respectfully submitted, B. L. TISINGER, Chairman.

1\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 bills, which it instructs me to report with the recommendation that they do pass, to-wit:

A. bill to repeal A.ct incorporating Social Circle, in Walton county.

A bill to incorporate the city of Social Circle.

A bill to incorporate the town of Scott, in .Johnson county.

A bill to incorporate the town of 1\Iatthews.

A bill to amend charter of Poulan, Worth county. Respectfully submitted. L. L. 1\IIDDLEBROOKS, Chairman.

1\Ir. Ledford, chairman of the Committee on Education, submitted the following report :

Mr. President:

The Committee on Education has had under considera-

THURSDAY, JULY 21, 1904.

293

tion the following House bills, which it instructs me to report with the recommendation that they do pass :

A bill to amend Act establishing a system of Public Schools for Ashburn.

A bill to authorize the town of Kirkwood to provide a system of Public Schools.

A bill authorizing Mayor and Council of Washington to issue bonds for Public School purposes.

A bill to amend Act establishing a Public School System for Wadley, Georgia.

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 amended, to-wit:

A bill to create a system of Public Schools in Mitchell, Georgia.
Respectfully submitted,
M. L. LEDFORD, Chairman.

The following Senate re;;olution was read first time:

By Mr. Atkinson-
A resolution to pay pension due J. C. Bridges, deceased, to his widow.

Referred to the Pension Committee.

The following Senate bills were read first time :

294

JOURNAL OF THE SENATE.

By Mr. Hopkins-

A bill to carry into effect paragraph 1, section 1, article 7 of the Constitution.

Referred to the General Judiciary Cum mittee.

By Mr. HopkinsA bill to amend paragraph 5, section 1, article 1 of the
Constitution.
Referred to the Constitutional Amendments Committee.
By Mr. SkeltonA bill to amend an Act to establish, organize and main-
tain a State Normal School as a branch of the University.
Referred to the General Judiciary Committee.

By Mr. ~kelton-
A bill to provide in what county manufacturing and other companies shall return their property for taxes.

Referred to the General Judiciary Committee.

By Mr. Symons-
A bill to abolish the Municipality of Everett in Glynn county.
Referred to the General Judiciary Committee.

THURSDAY, JULY 21, 1904.

295

The following Senate bill was read second time :
I
:By Mr. Mathews-
A bill to amend paragraph 8, section 1, article 5 of the .Constitution.

The following Senate bills were read third time to be put -up 10 their passage :

J3y Mr. Merritt-
A bill to amend paragragh 18, section 7, article 3 of the (Constitution.
Report of the committee was agreed to.

This being a Constitutional Amendment the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

.. Allen, Atkinson, Christie, Clark, .Clements, -Comas, -Duncan, of 36th, Golden, Harrell, -Hightower, Ropkins, -Hudson.

Lee, Ledford, Lewis, Mathews, McLean, Merritt, Middlebrooks, Moore, Perry, Skelton, Smith, Snead,

Those not voting were Messrs.-

Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Crumbley, Davis, Duncan, of 1oth, Jordan,

McClure, McMichael; Park,

Ayes 34, nays 0.

Reid, Roberts, Mr. President

296

JouRNAL OF THE SEXATE.

The bill having received the requisite constitutional majority was pas~ed, and the bill is as follows:

A bill to be entitled an Act to amend paragraph 18, section 7, article 3, of the Constitution of this State, prescribing how corporate powers may be granted, by adding after the words "exercised by the court,;," in the sixth line of said paragraph, the following word;;, to-wit : "or the Judges thereot," so that said section shall read as amended: as follows:
Section 1. The General Assembly shall have no powet to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children, but it shall prescribe by law the manner in which such powers shall be exercised by the cnurts, or the Judges thereof. All corporate powers and privileges to banking, insurance, railroad, canal, n~vigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and it in any event the Secretary ot State should be disqualified to act in any case, then in that event the Legislature shall provide by general laws by what person such charters shall be granted.
Sec. 2. Be it further enacted by the authority aforesaid,. That whenever the above proposed amendment to the said paragraph, to the Constitution shall be agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, the Governor shall, and he ishereby authorized and instructed, to cause said amendment to be published in one or more newspapers in each Congressional District of this State for the period of tw() mouths next preceding the time for holding the next general election.

THURSDAY, JuLY 21, 190-L

29T

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 publication, as provided for in the section ot this Act, in the several districts of this t:;tate; at which election every person shall be qual- ified 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 of this State, shall have written or printed on their ballots, the words : "For ratification of the amendment of paragraph 18, section 7, article 3, of the Constitution (prescribing how corporate powers may be granted) by adding after the words, ''exerciseo by the courts," in thesixth line of said paragraph, the words, "or the Judges thereof.'' And all persons opposed to the adoption of said amendment, shall haYe written or printed on their ballots, the words : "Against ratification of the amendment of paragraph 18, section 7, article 3, of the Constitution (prescribing how corporate powerd may be granted} by adding after the words, "e.xercided by the courts,'' in the sixth lire of said paragraph, the words, "or the Judges-thereof."

Sec. 4. Be it further enacted by the authority aforesaid,.. That the Governor be and he is, hereby authorized and directed to provide for the submission of the foregoing proposed amendment to the Constitution of this State to a vote of the people a<> required by the Constitution of this
State, in paragraph 1, section 1, or article 13, and by this.
Act; and if it be ratified, the Governor shall, when he ascertains such ratification I rom the Secretary of State, towhom the returns shall be referred in the same manner asin case of elections for members of the General A,ssembly,. to count and ascertain the result, issue his proclamation, for-

JOURNAL OF THE SENATE.
-one insertion, in one of the daily papers of this State; 'announcing such result and declaring the amendment rati.fied.
Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act .he, and the same are hereby repealed.
By 1\fr. McLean-
A bill to protect the owners of live stock in the county Of Mcintosh.
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. Stephens-
A bill to authorize 0. H .. Sheffield et al. to construct a
dam across the Savannah river.
Report of the Committee wa~ agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed as amended, and the amendments are as follow!!:
By inserting in the caption thereof, between the word -"bridge" in the third line and the word "for'' in the fourth line, the following words, to wit: and Grantville .Beall, his associates, their successors and assigns, to con-

THURSDAY, JuLY 21, 1904.

299

:atruct a dam or dams acros.s the Savannah river at Trotter Shoals in the county of Elbert, so that said caption when .amended will read as follows: An Act to authorize 0. H. Sheffield, his associates and assigns to construct a -dam across Savannah river in Elbert <>ounty at a point between Mattox's Mill and the Seabnard Air Line Railroad bridge, and Grantville Beall, his associates, their -successors and assigns to construct a dam across the Savannah river at Trotter Shoals in the county of Elbert for the purpose of developing water-power for commercial uses, and for other purposes. Also amend by inserting in the first Rection thereof, between the word " county" in the eighth line of the first section and the word "provided'' in the ninth line thereof, the following words : "And Grantville Beall, his associates, their successors and assign;;, are hereby authorized and empowered to coustruct lind maintain a dam or dams for manufacturing, trade or commercial purposes across the Savannah river at a point or points in Elbert county along or across what is known as Trotter Shoals in said county, also amend first section by inserting between the word "dam '' and the word "shall'' in the fourteenth line thereof the words "or dams,'' and by adding at the end of said section the words " or dams," so that said section when amended will read as follows :

"Be it enacted by the General Assembly of Georgia, That from and after the passage ot this Act, 0. H. Sheffield, of Fulton county, Georgia, his a~sociate!l, successors and assigns are hereby authorized and empowered to construct and maintain a dam for manufacturinJr, trade or commercial purposes acroRs the Savannah river at a point in Elbert county, Georgia, between the mill place known aR the W. H. Mattox Mill, and where the Seaboard Air Line Railroad bridge crosses said river in said county; and

300

JoURNAL OF THE SENATE.

Grantville Beall, his associate~, successors and assigns,. are hereby authorized and empowered to construct and maintain a dam or dams for manufacturing, trade or commercial purposes, across the Savannah river at a point orpoints in Elbert county along or across what is known as Trotter Shoals in said county. Provided, that in the erection or construction of said dam or dams, said parties building the same shall construct and keep in good order proper fish ways or fish ladders so constructed and arranged that all species of fish in said stream can ascend or descend said streams ; and provided further, that said parties. constructing and maintaining said dam or dams shall not in any wise be exempt hereunder for the payment of all damages caused by or resulting from the maintenance of said dam or dams."

Senate bill No. 259 was tabled.

By Mr. Atkinson-
A bill to fix the salary of the stenographer in the officeof Attorney-General.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays (},

The bill having received the requisite constitutional majority was passed.
Mr. Perry, Chairman of the General Judiciary Committee, submitted the following report:
Mr. President: ..
The General Judiciary Committee has had under consideration the following bills of the Senate, which I am.

THURSDAY, JuLY 21, 1904.

301

instructed to report back with the recommendation that they "do pass":

A bill to prevent the dormancy of judgments by making certain entries and record;;; on the General Execution Docket of the county.

A bill to amend section 291, volume 3 of the Code of Georgia of 1895, and for other purposes.

A bill to provide for fast writs of error to interlocutory orders directing or confirming sales of property within (JOntrol of a court of equity, and for other purposes.

Also, that the following bills of the Senate "do pass" as amended:

A bill to amend section 735, volume 1 of the Code of Georgia of 1895, and for other purposes.
A bill to make it a misdemeanor to bet on the result of any primary or other election held within this State, to prescribe a penalty therefor, and for other purposes.

Also, that the following bills of the Senate " do pass by aub,titute ":

A bill to regulate the business of money lending on personal property, and for other purposes.

A bill to amend section 5543 of the Code.

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

A bill to protect manufacturers, bottlers and dealers in ginger-ale and other beverages from lo~s of their bottles

302

JouRNAL OF THE SENATE.

and boxes, and prescribe a penalty for violation of the same, and for other purposes.
Respectfully submitted, H. H. PERRY, Chairman.

By Mr. Davis-

A bill to prevent the dormancy of judgments by makingcertain entries and records on the general execution docket.
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 and recommitted :

By Mr. Mitchell-
A bill to amend the Act approved October 3, 1889, soas to confer upon the city of Thomasville the authority tobuy or build and equip an electric light plant.

The following Senate bills were read second time:

By Mr. Howell-
A bill to regulate the busines<~ of money lending on. personal property in this State.

By Mr. Harrell, oy request-

A bill to establish dipensaries in Mitchell county.

THURSDAY, JULY 21, 1904. By Mr. Symons-
A bill to amend section 735 of the Code.
By Mr. Mathews.A bill to amend section 5543 of the Code.
By Mr. PerryA bill to provide for fast writs of error to interl.Jcutoty
orders directing or confirming sales of property.
By Mr. SymonsA bill to amend section 291 of the Code.
By Mr. PerryA bill to make it a misdemeanor to bet on the reault of
primary and other elections.
By Mr. ReidA bill to authorize and allow the ordinary and judge of
the county court of Taliaferro county be held by one. This bill was recommitteJ. Tbe following House bills were read first time :
By Mr. Ayers.A bill to amend and supersede the se':eral Acts incorpo-
rating the town of Rockmart. Referred to the Corporations Committee.

JOURNAL OF THE SEXATE.
By Mr. Wooten-
A bill to establish the city court of Mount Vernon in -the city of Mount Vernon.
Referred to the Special Judiciary Committee.
.By Messrs. Cromartie, Shannon and SingletaryA bill to amend paragraph 1, section 3, article 3 of the
.Constitution.
"Ordered engrossed. The fo.Jlowi ng House bills were read second time :
By Mr. OwenA bill to prohibit the manufacture of spiritous liquors
in Pike county. _By Mr. Phillips-
A bill to incorporate the town of Mathews in Jefferson -county . .By l\Ir. Alford-
A bill to amend the charter of the towu of Paulan.
:By Messrs. Lawrence and Booth-A bill to repeal the Act incorporating Social Circle.
.By Mr. Alexander-
A bill to amend the Act establishing the city court of Washington.

THURSDAY, JULY 21, 1904.

305

::By Mr. Alexander-

A bill to amend the Act approved November 29, 189.9, -establishing the city court of Washington.

.By Mr. Rogers--
A bill to repeal the Act amending the Act establishing -the city court of Hall county.

_.By Messrs. Hixon and Lane-
A bill to amend an Act creating the Board of County Commissioners in the counties of Floyd, Berrien, Effingham, Schley, Sumpter anrl Greene.

By Mr. Alexander-

A bill to prohibit the manufacture of spiritous liquors in Wilkes county.

.By Mr. Phillips-

A bill to amend the Act establishing public schools for wadley.

:By Mr. Kent-
A bill to incorporate the town of Scott in Johnson .county .

.By Mr. Alexander-
A bill to authorize the mayor and council of Washing~on to issue bonds to improve public school building.
20 &j

306

JOURNAL OF THE SENATE.

By Messrs. Mayson and Candler-

.A bill to authorize the town of Kirkwood to provide&ystem of public schools.

By Messrs Lawrence and BoothA bill to incorporate the city of Social Circle.
By Mr. KellyA bill to revise the election laws of Georgia. This bill was recommitted.

The following Senate bill was read first time :

By Mr. ParkA bill to amend section 2778 of the Code.
.
Referred to the General Judiciary Committee.

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

By Mr. Preston-
A bill to establish a new charter for the town of Shady Dale in Jasper 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 ma:. jority was passed.

THURSDAY, JULY 21, 1904. By :M:r. Alford-

. 307

A bill to establish the city court of Ashburn.

Report of the Committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

By Mr. Buchanon-A bill to amend section 982 of the Code by adding the
city of Blakely to the list of State depositories. 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. Newton, Knight and Valentine-
A bill to fix the time for holding the Superior Courts in the counties of Berrien, Colquitt and Echols.

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.

308

JOURNAL OF THE SENATE.

By Mr. Beall-
A bill to amend ~ction 982 of the Code so as to add the town of Dallas to the list of State depositories.

Report of the Committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

By Mr. BuchanA bill to amend the charter .of the town of Eastman.

Report of the Committee was agreed to.

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

The bill having rE.'eeived the requisite constitutional majority was passed.
By Mr. AlfordA bill to amend an Act establishing a system of public
schools for Ashburn.
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 pas!=ed.
By Messrs. Hixon and SteedA bill to authorize the city council of Carrollton to an-

THURSDAY, JULY 21, 1904.

309

nually levy a tax of three-tenths of one per cent. in addition to the amount already levied.

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. Woot~n-
A bill to fix the time for holding the Superior Courts in the counties of Dodge and Montgomery.
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. Parker-
A bill to amend the Act establishing the Board of CouoJ:y Commissioners of Talbot county so as to change the time for election.

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.

310

JOURNAL OF THE SENATE.

By Mr. Jones-

A bill to repeal an Act providing for a hoard of County Commissioners for Pickens 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. Mann-
A bill to amend section 982 of the Code by adding the town of Reidsville to the list of State depositories.
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. Kelly-
A bill to create a system of public schools for Mi~chell, Georgia.
Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JULY 21, 1904.

311

:lJy Mr. Daniel-

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

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.

iBy Messrs. Kilburn, Hall and Felder-
A bill to increase the salary of the Judge of the City Court of Macon.

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.

33y Mr. Franklin-

A bill to amend the charter of the city of" Tennille in Washington county.

Report of the committee was agreed to.

Upon the pa&l8.ge of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

312

JoURNAL OF THE SENAT&

By Mr. Calvin-
A bill to amend section 5 of an Act establishing a Reformatory in Richmond 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 ma-

jority was passed.



By Mr. Cann-
A bill to provide that each County Commissioner and1 ex officio Judge of Chatham county shall receive compensation for his services.
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. Alexander-
A bill to authorize the Mayor and Council of Washington to issue bonds to enlarge the water-w(lrks.

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.

THUBSDAY, JULY 21, 1904. By Mr. Evans-

313:

A bill to create a board of Commissioners for Washing-ton 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. Jones-
A bill to amend the Act establishing the City Court otA1ba~y in Dougherty county.

Report of the committee was agreed to.

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

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

By Mr. CandlerA bill to amend the charter of Edgewood. Raport 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.

:314

JOURNAL OF THE SENATE.

_"By Messrs. Flanigan and Pate-

A bill to amend the present charter of the city of Buford.

Report of the committee was agreed to.

Upon the passage of thtl bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority wae passed.

By Mr. Calvin-

A resolution providing for a Commission to inquire into :and report on the advisability of revising and consolidating the banking laws of Georgia.

This resolution was concurred in. T&e committee from -the Senate are Senators Duncan, 36th district, and Christie.

On motion when the Senate adjourns to-morrow it will .stand adjourned until Monday morning at 12 o'clock.

L~ave of absence was granted Senators McLean, Atkin-

.

son, Golden, Hudson, McMichael and Park to visit con-

vict camps.

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

FRIDAY, JULY 22, 1904.

315

Senate Chamber, Atlanta, Ga., Friday, July 22, 1904.
to The Senate met pursuant adjournment 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 of yesterday was read and approved.
ruly 22, 1904.
The following message was received from His Exce1lency ~he Governor, through his secretary, Mr Hitch, to wit:
Mr. President:
His ExceUeucy the Governor, bas approved and signed the following Acts, to wit :
An Act to revise the superior court calendar of the Brunswick circuit.
An Act to amend the charter of the city of Thomasvi11e ,go as to provide for the election of the clerk by the quali.fied voters of said city.
Also, an Act to amend the public school laws of the city .of Tbomasvi11e.
Mr. Duncan, chairman of the Committee on Engrossing, :submitted the following report:

316

JouRNAL oF THE SENATE.

Mr. President:

The Committee on Engrossing has examined the following Senate bill,., which it finds correctly engrossed and. ready for transmission to the House, to wit :

A bill to amend paragraph 18, section 7, article 3 of theConstitution.

A bill fixing the salary of the stenographer in the Attorney-General's office.

A bill to protect owners of live stock in Mcintosh. county.

A bill to prevent dormancy of judgments by makingcertain entries on general execution docket.

A bill to authorize 0. H. Sheffield et al. to construct a. dam across the Savannah river.
Respectfully submitted, . A. B. DUNCAN, Chairmaa.

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

Mr. President:

The Special J uJiciary Committee has had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass, to wit :

A bill to repeal section 1 of Act amending Act creating; city court for Early county.

FRIDAY, JULY 22, 1904.

317

The committee has also had under consideration the following Senate bill, which it instructs me to report with the !l"ecommendation that it do pass as amended, to wit:

A bill to make it unlawful for any person to be or appear on ally passenger coach of any railroad in an intoxi-<lated condition.
Respectfully submitted, B. L. TISINGER, Chairman.

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

Mr. President:
The Committee on Pensions has had under consideration -the following resolution of the Senate, which it instructs me to report back with the recommendation that the same -do pass:
A resolution to pay pension due J. C. Bridges, deceased, to his widow.
Respectfully submitte~. T. G. HUDSON, Chairman.

Mr. Hopkins, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
The Committee on Appropriations has had under consid-eration the following House resolutions, which it instructs me to report with the recommendation that they do pass, to wit:

318

JouRNAL OF THE SENATE.

A resolution to make an appropriation so as to enablethe trustees of the Confederate Soldiers' Home to lay down and connect a water main for the purpose of supplying the building with water.

A resolufion to reimburse the county of Dade for the incarceration and ~xecution of Charlie Phillips.
Respectfully submitted, H. W. HOPKINS, 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 providing for the collection of the revenue of theState arising under special occupation or license taxes by issuing execution therefor, and for other purposes.

A bill to pay off and retire valid bonds of the State as. they mature, and for other purposes.

A bill to appropriate one thousand dollars additional for the year 1904, for payment of reward:,~ offered for arrest of fugitives from justice, and for other purposes.

A bill to levy and collect a tax for the support of thi State government and the public institutions, and for other purposes.
The House has also pa~sed by the requisite constitutional~. majority the following House resolution, to wit:

FRIDAY, JULY 22, 1904.

319

A resolution authorizing the Governor to borrow money to supply casual deficiencies.

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

Mr. President:

The General Judiciary Committee has had under consid-eration the following bill of the Senate, which I am instructed to report back with the recommendation that it. do pass:

A bill to carry into effect paragraph 1, section 1, article 7 ot the Constitution with reference to creating a debt otherthan a bonded debt by counties and municipalities.

Also, that the following bills of the Senate do pass bysubstitute:

A bill to prohibit boycotting, and for other purpol'es.

A bill to amend section 369 of the Code of 1895 relativeto bridges between counties.

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

A bill to amend an Act to establish the city court of Dublin, in and for the cou.nty o-f Lau.rens, and for other purposes.

Respectfully submmitted,

H. H. PERRY, Chairman-

:320

JouRNAL oF THE SENATE.

The following Senate bills werP. read first time :

By Mr. Turner-
A bill to incorporate the ~IcDonough school district in .Henry county.

Referred to the Education Committee.

.By Mr. Turner-
A bill to authorize the Mayor and Council of MeDon -ough to issue bonds to eqQ.ip scliool buildings.

Referred to the Corporation Committee.

The following Senate bills and resolutions were read .second time:

By Mr. Hightower-

A bill to amend an Act creating the City Court of Eal'ly county.

By Mr. Clements--
A bill to make it unlawful for any person to appear on railroad or electric cars in an intoxicated condition.

By Mr. Duncan-

A bill to prescribe the time in which notes, checks and --drafts may be protested.

By Mr. Atkinson-
A resolution to pay pension of J. C. Bridges, deceased, -to his widow.

FRIDAY, JuLY 22, 1904.

321

The following House bill was read second time :

By Messrs. Cromartie, Shannon and Singletary-
A bill to amend paragraph 1, section 3, article 3, of the Constitution.

The following Senate bill was read first time :

By Mr. Davis-

A bill to provide for the substitution of trustees for bonds in certain cases.

Referred to the General Judiciary Committee.

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 Senate bill which it instructs me to report with the recommendation that it do pass, to wit:

A bill to propose an amendment to paragraph 8, section 1, article 5, of the Constitution.
- Respectfully submitted, H. H. PERRY, Chairman.

The following Senate bills were read third time to be put upon their passage :
2l8j

322

JouRNAL OF THE SENATE.

By Mr. Howell, by request-
A bill to regulate the business of money lending in this State on personal property.

Report of the Committee was agreed to.

Upon the pa~sage of the bill the ayes were 27, nays 0.

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

Ordered immediately transmitted to the Hmrse.

By Mr. MathewsA bill to amend section 5543 of the Code of 1895.

Report of the Commit.tee 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 sub~titute.

.By Mr. Symons-
A bill to amend section 735 of the Code of Georgia of 1895.
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 conE<titutional majority was passed as amended. The amendments are by striking the word "city'' where it occurs and inserting "municipal corporation."

FRID.lY, JULY 22, 1904.

323

By l\Ir. Symons-

A bill to amend section 291 of the Code of 1895.

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. Perry-
A bill to provide for fast writs of error to interlocutory Orders confirming sales of property.

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.

Senate Bill No. 282 was tabled.

The following House resolutions were read second time:
By Mr. Candler-
A resolution to make appropriation to the trustees of the .Soldiers' Home to construct water mains.

~y Mr. Brock-

A resolution to reimburse 'the county of Dade for the -execution of Charlie Phillips.

~24

JOUR!iAL OF THE SENATE.

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

By Mr. Alexander-

A bill to make it unlawful to manufacture any spirituous liquors in Wilkes 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. Alexander-

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

Report of the committee was agreed to.

Upon t~e passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Owen-
A. bill to make it unlawful to manufacture any spirituous liquors in Pike county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having receivP.d the requisite constitutional majority was passed.

FRIDAY, JULY 22, 1904.

325

By Messrs. Mayeon and Candler-

A bill to authorize the town of Kirkwood to provide a @ystem of public schools.

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. Hixon and Lane-
A bill to amend the Act creating the BJard of County Commissioners for the coun!ies of Floyd, Berrien, Effingham, Schley, Sumter and Greene.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0. The hill having received the requisite constitutional majority \Vas passed.
By Mr. AlfordA bill to amend the charter of the town of Puulan.

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.

326

JouRSAL OF THE SENA.TE.

By Mr. Alexander-

A bill to authorize the mayor and council of Washington to issue bonds to improve public school buildings.

Report of the committee was agreed to.

Upon the passage of the bill the ayes 'were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Messrs. Lawrence and Booth-
A biJl to repeal an Act incorporating the town of Social Circle.
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. Alexander-
A bill to amend the Act establishing the city court of Washington.

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 pas~ed.



FRIDAY, JULY 22, 190-l.

327

By Messrs. Lawrence and Booth-

A bill to incorporate the city of Social Circle.

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. Phillips-

A bill to amend the Act establishing public schools in the town of Wadley.

Report of the committie 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. Phillips-
A bill to incorporate the town of Mathews, in Jefferson 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.

328

JouRNAL oF THE SENATE.

By Mr. Kent-
A bill to incorporate the town of Scott, in Johnson county.

Report of the committee was agreed to.

Upon the passage ofthe bill the ayes were 25, nays 0.

The bill having rt>ceived the requisite constitutional majority, was paesed.
By Mr. Rogers-
A bill to amend an Act establishing the city court 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.

By Messrs. Howard and Hicks-

A bill to amend the Act establishing the city court of Dublin, in Laurens 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 as amended, and the amendments are as tollows:

The committee of the Senate amends caption of House

FRIDAY, JULY 22, 1904.

329

Bill No. 751 by striking from said caption the following: "Practicing law in any court of this State or of."
The committee of the Senate further amends said Bill No. 751 by striking all of section one (1) of said biJJ, and numbering remaining sections accordingly.
The committee of the Senate further amends said House Bill No. 751 by striking all of sub-section five (5) under section two (2) of said House bilJ, and insert in lieu thereof the following :
"Section 5. Be it further enacted, That the judge of said city court may practice l11.w in any of the courts of this State or of the United States, except in the city court of Dublin and the Supreme Court in writs of error from said city court. But said judge shall not have or maintain partnership relations with any other attorney, either directly or indirectly. The judge of said city court shall have power to issue writs of habeas corpus and to bear and dispose of the same in the same way with the same power as the judge of the superior courts ot this State."
The Senate committee further amends sub-section fifteen (15) of section three (3) of House Bill No. 751 by adding at the end .thereof the following :
"The Clerk ofthe Superior Court of Laurens County is hereby declared to be ineligible to hold the office of Clerk of the City C.mrt of Dublin during h:s term of office as Clerk of said Superior Court of Laurens County."
The Committee of the Senate further amends House Bill No. 751 by amending sub-section sixteen (16) of section four (4) of s11.id House bill, by adding at the end tbereoi the following:
"The Sheriff of the Superior Uourt of Laurens County shall be ineligible to hl)ld the office of Sheriff of the City Court of Dublin during his term of office as said Sheriff of the Superior Court of Laurens County."

330

JoURNAL OF THE SENATE.

The Senate Committee further amends House Bill No. 751 by adding at the end of sub6ection tbirty-seven (37) of section six (6) of said bill the following:
"It shall be the duty of the Judge of the Superior Court of Laurens county, either in term or vacation, to transfer te the City Court of Dublin all indictments for misdemeanor cases which originated in the saiJ City Court ui Dublin."

.The following House bills and resolutions were read first time:

By Mr. Reid-
A bill to levy and collect tax for the snpport of the State government for the year 1905.

Referred to the Finance Committee.

100 copies ordered printed.

By Mr. Reid-
A bill to appropriate one thousand dollars additional for the year 1904 for payment of rewards of fugitives from ju:;tice.

Referred to the Appropriations Committee.

By Mr. Reid-
A bill to pay off and retire bonds of the State as they mature.

Referred to the Finance Committee.

FRIDAY, JuLY 22, 1904.

331

By :Mr. Reid-

A reEolution to authorize the Governor to borrow money to !'upply casual deficiency.

Referred to the Finance Committee.

By :Mr. Reid-

A bill to provide for the collection of the revenue arising from special occupation tax.

Referred to the General Judiciary Committee.

The following Senate bill was read first time:

By :Mr. Perry-
A bill to amend an Act entitled an Act establishing thecity court of Hall county, approved August 14, 1891.

Referred to the General Judiciary C()mmitte~.

The following Senate bills were read second time:

By :Mr. Starr-
A bill to prohibit boycotting, to define the same and provide punishment.

By :Mr. Hopkins-

A bill to carry into effect paragraph I, section I, article7 of the Constitution.

332

JoURNAL OF THE SENATE.

By Mr. Symons--

A bill to abolish the municipality known as Everett in Glynn county.

This bill was recommitted.

By Mr. Hopkins-

A bill to amend paragraph 5, section I, article 1 of the Constitution.

This bill was recommitted.

On motion the Senate adjourned until Monday morning at 12 o'cloc:K.

Senate Chamber, Atlanta, Ga., Monday, July 25, 1904.

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

Prayer was offered by the Rev. Dr. Norcross.

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

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

Davis, Duncan, of 10th, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

Hud~on.
Jordan, Lee, Ledford, Lewis, Mathews, McClure,

MoNDAY, JuLY 25, 1904.

333

McLean. McMichael, Merritt, Middlebrooks, Moore, Park, Perry, Reid,

Skelton, Smith, Snead, Starr, Stevens, Sweat, Symons,

Taylor, Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.

Those absent were 1\:lessre.-

Roberts,

The Journal of Friday was read and approved.

'fhe following message was received from the House of Representatives through :Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The Hou;,e has passed by the requisite constitutional majority the following bills of the Senate, to wit:
.A bill to amend an .Act entitled "An .Act to amend and renew the various .Acts incorporating the town of 'Vaynesboro and which makes the sa:ne a city, and all .Acts amendatory thereof."

.A bill to authorize the mayor and city council of Waynesboro to order and have held an election to de.termine whether or not they shall have authority to contract and incur a debt for the furniehing of electric lights and a water supply, and for other purpose!'.

.A bill to amend an Act approved July 16, 1903, creating a board of commissioner!! for Appling county.

.A bill to amend an Act approved December 22, 1896,

334

JOURNAL OF THE SENATE.

amending the charter of the city of Baxley, and for other purposes.

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

A bill to amend section 982 of the Code so as to add the town of Sparta to the list of cities that may have State .depositories.

A bill to amend the charter of the city of Atlanta.

A bill to propose an amendment to article 5, section 1, paragraph 8 of the Constitution of the State, providing for the succession to the office of Governor.

A bill to change the name of Harmony Grove to the .city of Commerce.

A bill to amend an Act incorporating the town of Bostwick.

A bill to incoporate the town of Chula.

A bill to amend an Act incorporating the town of Bethlehem.

A bill to amend an Act approved Dec. 18, 1900, '"hich .authorized the board of county commissioners to appropriate certain fixed sums of money annually to each of the two libraries now in the city of Macon, and Cor other purposes.

A bill to provide a mode of registration for voters in municipal elections in the city of Augusta.

A bill to repeal an Act amending the charter of the city "of Augusta.

MoNDAY, JuLY 25, 1904.
A bill to authorize the mayor and council of Valdosta to issue bonds for erecting and equipping school buildings, and for other purposes.
A bill to amend the charter of the city of Atlanta so as to provide for the extension of the city limits, and for other purposes.
A bill to regulate the running of automobiles and other similar machines while using the public roads in Monroe cuunty.
A bill to change the time of holding Hancock superior court.
A bill to amend an Act establishing a charter for the town of Perry, approved DecemlJer 12, 1859.
A bill to authorize the Board of County Commissioners t0 pay to the officers of the superior court of Coweta county and the city court of Newnan compensation for misdemeanor convicts turned over by said officers from said courts to work on the chain-gang of said county.
A bill to repeal an Act to create a Board of Commissioners of Roads and Re,enues for the county of DeKalb.
A bill to amend the charter of the city of Monroe.
A bill to incorporate Shellman School District.
The Housf\ has als} passed by the requisite constitutional majority the following House resolution, to wit:
A resolution consenting that the Atlanta Interurban Railway Company may cross the tracks of the Western & Atlantic Railroad.

336

JouRsAL oF THE SE:SATE.

Mr. Symon~", chairman of the Enrollment Committee, submitted the following report:

Mr. President:
The Committee on Enrollment reports as duly enrolled and ready for the signatures of the President of the Senate and Speaker of the House the following Act, to wit:

An Act to incorporate the city of Broxton in Coffee county, and for other purposes.
Respectfully submitted, W. F. SYMONS, Chairman.
Mr. Perry moved to reconsider the action of the Senate in passing the following bill of the Senate so that a clerical error may be corrected. This motion prevailed.

By Mr. HowellA bill to regulate the business of money lending on per-
sonal property in this State.
The amendments are as follows: Amend Section 19 by changing December 17, 1897, to December 21, 1897. This amendment was adopted.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bill and resolution were read second time and recommitted :
By Mr. ReidA bill to pay df and retire valid bonds of the State as
they mature.

MoNDAY, JuLY 25, 1904.

337

:By Mr. Reid-

A resolution to authorize the Governor to borrow money -to supply deficiencies.

The following Senate bill was transferred from the :Special Judiciary to the General Judiciary Committee:

l3y Mr. Jordan-

A bill to recover taxes which have been collected by -courts not authorized to collect same.

The following Senate bills and resolutions were read -first time:

Jly Mr. Hopkins-

A bill to amtJnd Section 1764 of the Code which refers ;to legal fences.

Referred to the Agricultural Committee.

l3y Mr. SneadA bill to amend Section 191 of the Code.

Referred to the General Judiciary Committee.

By Mr. Snead-

A bill to make it a misdemeanor for any person to sell ()r buy a vote at primary elections.

Referred to the General Judiciary Committee.
22 8 j

JouRNAL OF THE SENATE.
By Mr. Perry- .
A bill to amend Section 5321 of the Code of 1895.
Referred to the General Judiciary Committee.
By Mr. Perry-
A bill to provide and authorize the recording of certifie~ copies from the record of duly registered deeds where such deeds convey title to land.
Referred to the 3-eneral Judiciary Committee.
By Mr. Smith-
A resolution to appoint a committee to examine into the matter of selling the W. & A. R. R. or extending the lease thereof.
Referred to the Railroad Committee.
By Mr. Comas--
A resolution to pay the pension of A. M. Easen, de-- , ceased, to his widow.
Referred to the Pension Committee.
l\Ir. Duncan, chairman of the Committee on Engrossing,. submitted the following report :
Mr. President: The Committee on Engrossing has examined the follow-
ing Senate bill~, which it finds correctly engrossed and. ready for transmission to the House, to wit :

MoNDAY, JuLY 25, 1904.

389

A bill to amend section 5543 of Code referring to fast bill of exceptions.

A bill to amend section 735 volume 1 of the Code of Georgia, and for other purposes.

A bill to amend section 291 volume 3 of the Code of Georgia.

A bill to provide for fast writs of error to interlocutory orders, and for other purposes.
Respectfully submitted, A. B. DUNCAN, Chairman.

Mr. Hopkins, chairman of the Committee ou Appropriations, submitted the following report:

Mr. President:
The Committee on Appropriations has had under consideration the following bill ot the House, which I am instructed to report back with the re<'ommendation that it do pass:

A bill to appropriate one thousand dollars additional for the year 1904 for payment of rewards oftered for arrest of fugitives from justice, and for other purposes.
Respectfully submitted, H. W. HOPKINS, Chairman.

The following House bills were read first time : By :Mr. Felder-
A bill to amend the Act authorizing the county commis-

340

JOURNAL OF THE SENATE,

sioners of Bibb county to appropriate certain funds to the library at Macon.
Referred to the Education Committee.

By Messrs. Dunbar, Calvin and Mulherin-
A bill to amend the charter of the city of Augusta so as to give authority to require work on its streets or a commutation tax therefor.
Referred to the Corporations Committee.

By :Mr. PaulkA bill to incorporate the town of Chula, in Irwin county. Referred to the Corporations Committee.
By Mr. DunbarA bill to provide a board of registrars for municipal
elections in Augusta. Referred to the Corporations Committee.

By Mr. McRea-
A bill to authorize the mayor and council of Augusta to issue bonds to build and equip school buildings.
Referred to the Education Committee.

By Mr. Wooten-
A bill to amend article 5 section 1, paragraph 8 of the Constitution.
Referred to the Constitutional Amendments Committee.

MONDAY, Jui,Y 25, 1904.

341

By Mr. Little-

A bill to amend section 982 of the Code by adding the town of Sparta to the list of State depositories.

Referred to the Banks Committee.

By Mr. Hardman-

A bill to change the name of Harmony Grove.

Referred to the Corporations Committee.

Senate bills Nos. 1004 and 1008 were transferred from the Committee on Agriculture to the General Judiciary Committee.
By Messrs. Lawrence and Booth-
A bill to amend the Act incorporating the town of Bethlehem in Walton county.

H.eferred to the Corporations Committee.

By Mr. Little-

A bill to change the time for holding Hancock superior court.
Referred to the Special Judiciary Committee.
By Mr. RichardsonA bill to amend the charter of the town of Perry.

Referred to the Corporations Committee.

342

JouRNAL OF THE SENATE.

By Mr. Walker-

A bill to regulate tne running of automobiles in Monroe county.

Referred to the Special Judiciary Committee.

By Messrs. Mayson and CandlerA bill to repeal the .Act creating the Board of County
Commissioners of DeKalb county. Referred to the Special Judiciary Committee.
By Messrs. Lawrence and Booth.A bill to amend the charter of the city of Monroe. Referred to the Corporations Committee.

By MeAsrs. Leigh and Moses-
A bill to authorize the County Commissioners of Coweta county to pay to the officers compensation for misdemeanor convicts.
Referred to the Special Judiciary Committee.

By Mr. Duggan-
A bill to incorporate the Shellman school dietrict m Randolph county.
Referred to the Education Committee.

:MONDAY, JULY 25, 1904.

343

~y :Mr. George-
A bill to amend an Act incorporating the town of Bostwick.

Referred to the Corporations Committee.

.By Messrs. Slaton, Houston and Blackburn-
A bill to amend the charter of the city of Atlanta so as ;to extend the city limits.

Referred to the Corporations Committee.

=By Messrs. Slaton, Blackburn and HoustonA bill to amend the charter of the city of Atlanta.

Referred to the Corporations Committee.

.By :Mr. Slaton-
A resolution consenting that the Atlanta Interurban Railway Co. cross theW. & A. R. R.

Referred to the Railroad Committee.

The following House bills were read second time :

By :Mr. Reid-.
A bill to appropriate one thousand dollars additional for the year 1904, for the payment of rewards.

By Mr. Spence-
A bill to amend an Act incorporating the Waresboro .school district in Ware county.

This bill was recommitted.

344

JouR.SAL oF THE SEsATE.

By Mr. Reid-

A bill to levy and collect a tax for the support of theState government for the year 1905.
This bill was recommitted.

By Mr. MillsA bill to amend the charter of Canton. This bill was recommitted.
By Messrs. Alexander and GrenadeA bill to incorporate the Danburg school district. The following House bills and resolutions were read thir<l
time and placed upon their passage :

By Messrs.~Cromartie, Shannon and Singletary-

A bill!to amend paragraph 1, section 3, article 3 of theConstitution.
Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays wereordered and the vote was as follows:

Those votinglin the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Comas, Crumbley, Davis,

Duncan, of 10th, Duncan, of 36th, Harrell, . Hopkins, Hudson, Lee, Ledford,

Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore.

MoND.\Y, JULY 25, 1904.

345--

Park, Perry, Smith, Snead,

Stevens, Sweat, Sy~ons, Tisinger,

Turner, Van Buren, Williams, Worsham,

Tho5e not voting were Me5srs.-

Clements, Golden, Hightower, Jordan,

Middlebrooks, Reid, Roberts, Skelton,

Starr, Taylor, Mr. President.

Ayes 33, nays 0.

The bill having received the requisite constitutional ma- jority was passed, and the bill is 11s follows:

A bill to he entitled au Act to amend section 3, article 3 of the Constitution of this State, which provides for the number of members of the House of Representatives, by 'ltriking out paragraph 1 of said section of said article,. and substituting in lieu thereof a paragraph allowing an increase in the number ot members ot said House and naming the counties now entitled to more than one representative.
Section 1. Be it enacted by the General Assembly of the State of Georgia, That paragraph 1 of section 3, article 3ot the Constitution of Georgia, is hereby amended by being stricken and having in lieu thereof the followingsubstitutt>d :.
"Paragraph 1. The House of Representatives shall consist of not more than one hundred and eighty-three (183) Representatives apportioned among the several counties as. follow!.", to wit : To the six counties having the largest population, viz.: Chatham, Bibb, Floyd, Fulton, Richmond and Thomas, three (3) Representatives each; to the twenty-six counties having the next largest population, viz.: Bartow, Bulloch, Burke, Cobb, Carroll, Coweta,...

=346

JOURNAL OF THE SENATE.

DeKalb, Decatur, Dooly, Elbert, Emanuel, Gwinnett, Hall, Houston, Jackson, Laurens, Lowndes, Meriwether, Munroe, Muscogee, Sumter, Tattnall, Troul', Walton, Washington and Wilkes, two (2) Representatives each; :and to the remaining counties one Representative each."
Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds of the members elected to each Hou.,e, it shall be entered upon the Journal of each House with the yeas and nays thereon, and published in one or more newspapers in each Congressional district in said State for two (2) months previ..us to the time for holding the next general election, and shall at said next general election be submitted to the people for ratification in the following form, to wit : " For ratification" or" Against ratification," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification, having wt itt en or printed on their ballots " For ratification," which votes cast at said election shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result of said election by publi<>ation of results of said election in one or more newspapers in each Congressional district ot the State.

By Mr. Candler-

A resolution to appropriate $6,000 to lay water-maio 'to the Soldiers' Home.
Report of the committee was agreed to.
This being an appropriation, the ayes and nays were or-dered, and the vote was as tollows:

Mo~DAY, JuLY 25, 1904.

347

Those voting in the affirmative were Messrs.-

-Allen,
~Atkinson,
Christie, -comas, Crumbley, Davis, Duncan, of 36th, Harrell,
~Hopkins,

Jordan, Lee, Ledford, Lewis, Mathews, :McClure, McLean, MdiHchael, 1\Ierritt,

Moore, Smith, Sweat, Symons, Tisinger, Turner, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Clark, Clements, Duncan, of 10th, Golden, Hightower, Hudson,

Middlebrooks, Park, Perry, Reid, Roberts, Skelton,

Snead, Starr, SteYens, Taylor, Mr. President.

Ayes 27, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Brock-

A resolution to reimbnr1:e Dade county for the incarceration and execution of Charlie Phillips.

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, >Comas,

Davis, Duncan, of 10th, Duncan, of 36th, Harrell,

Hopkins, Jordan, Lee, Ledford,

348

JouRNAL oF THE SENATE.

Lewis, Mathews, McClure, McLean, Merritt, Moore,

Park, SJTiith, Snead, Stevens, Sweat, Symons,

Those not voting were Me~srs.-

Clark, Clements, Crumbley, Golden, Hightower,

Hudson, McMichael, Middlebrooks, Perry, Reid,

Ayes 29, nays 0.

Tisinger, Turner, Van Buren, Williams, Worsham,
Roberts, Skelton, Starr, Taylor, Mr. .President.

The resolution having received the requisite constitutional majority was passed.

REPORT OF THE COMMISSION ON THE REGISTRATION OF LAND TITLES.
To the General Assembly of Georgia :
The Commission on the Registration of Land Titles,. created by a joint resolution of the House of Representatives of the General Assembly of Georgia, the Senate concurring, approved August .5, 1903, begs leave to report:
The Commissior. on the Registration of Land Titles,. charged with the duty of considering and investigating the registration of land titles, particularly the Torrens system for the registration of land titles, entered upon the dillcharge of its duties very shortly after the adjournment of the General Assembly on August 15, 1903.
In the efforts of the Commission to make and concludesuch an examinatil)n of the various systems for the registration of land titles as would be of any practical benefit. to the people of Georgia, the Commission soon discovered that the work in hand was of such a responsible and ('X-

MoNDAY, JuLY 25, 1904.

349

tensive character that more time would be needed than

was thought necessary when the work was commenced.

The consideration of the defects of the pre~ent system of

registering deeds and the numerous efforts to remedy those

.defects which have been adopteci by the various States in

the Union, as well as by foreign natious, embraces such a

vast field of inquiry and investigation that the Commission

has simply been enabled to inaugurate its work. The

-completion of this task, which is fraught with such mo-

mentous results, can not be bad without another year

.devoted to it. In none of those States in the Union in

which a change has beP.n mede from the old system of reg-

istering deeds to a new system of registering titles has the

time for th<l consideration and investigation of the meas-

ures occupied les~ than four years; in some five; in some

-six; and in one seven years.

Your Commission, therefore, actuated by a strong and

-earnest desire to complete this work intelligently and to

prepare and present to the General Assembly such a report

.as will afford ready, extensive and accurate information of

the character of a system ot registration of land titles, and

whether such a system is advi!"able and practicable for the

State of Georgia, respectfully ask that the Commission be

-continued in force, with all of its powers and duties, as now

-constituted, and that it be directed and authorized to make

,guch report as it may deem advisable to the next session of

.the General Assembly as now fixed by law.

Respectfully submitted,

WASHINGTON DESSAU, Chairman;

R. T. FoucHE,

s. T.

FELDER,

H. A. MATHEW,

P. M. MULHERIN,

H. H. PERRY,

A. G. PowELL,

s. B.

MILLER.

350

JoURNAL OF THE SENATE.

The following Senate bill was read second time and recommitted:

By Mr. Turner-

A bill to incorporate the McDonough School District in-

Henry county.



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

By Mr. Starr-

A bill to define boycotting as a crime, and to provide punishment for same.

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. Hopkins-

A bill to carry into effect paragraph 1, section 1, article 7 of the Constitution, with reference to creating a debt other than a bonded debt.

Report of the Committee was agree to.

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

The bill h:wing received the requisite constitutional majority was passe<.!.

TUESDAY, JULY 26, 1904.

351!

By Mr. Atkinson-

A resolution to pay pension due. J. C. Bridges, deceased, to his widow.

Report of the Committee was agreed to.

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

The resolution having received the requisite constitu-tional majority was passed.

The hour of adjourment having arrived the Senate adjourned until tomorrow morning at 11 o'clock.

Senate Chamber, Atlanta, Georgia, Tuesday, July 26, 1904.

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

Prayer was offered by Senator Atkinson.

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

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

Duncan, of 1oth, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins, Hudson, Jordan,

Lee, Ledford, Lewis, :1\Iathews, McClure, McLean, McMichael, Merritt,

:352

JoURNAL OF THE SE.SATE.

Moore, Park, Perry, -Reid,
Skelton, -Smith,

Snead, Starr, Stevens, Sweat, Symons, Taylor,

Those absent were Messrs.

Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.

Middlebrooks,

Roberts,

The Journal oC yesterday was read and approved.

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

~Ir. President:
Tbe House has pa'sseJ by the requisite constitutional majority the following bills of the House, to wit :

A bill to establish the city court of Jackson, in Butts county.

A hill to establish a new charter for the town of Roswell, in Cobb county.

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

A resolution for the relief of P. P. Evans of Meriwether
-~ounty.

Tbe HotJse has adopted the following resolution iu which the concurrence of the Senate is asked, to wit:

A resolution continuing in force The Commission on the Registration of Land Titles, and directing them to report to the next General Assembly.

TuESDAY, JuLY 26, 1904.

353

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

Mr. President:
The Commitee on Enrollment report as duly enrolled, signed by the President of the Senate and the Speaker of the House and delivered to the Governor the following Act, to wit:

An Act to incorporate the city of Broxton m Coffee 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 bad under consideration the following House bills, which it instructs me to report with the recommendation that they do pass, to wit :

A bill to regulate the running of automobiles on the public roads of Monroe county.

A bill to repeal Act creating a board of commissioners of roads and revenues for DeKalb county.

A bill to change time of holding Hancock superior court.

A bill to authorize Board of County Commissioners of Coweta county to pay officers of courts fees when misdemeanor convicts of said courts are worked on cbaingang of said county.
23 d i

354

JOURNAL OF THE SENATE.

The Committee has also had under consider the following Senate bill, which it instructs me to report with the recommendation that it do pass, to wit :

A bill to authorize the ordinary and judge of the county court of Taliaferro county to be held by one and the same person.
Respectfully submitted,
B. L. TISINGER, Chairman.

Mr. Duncan, Chairman of the Committe on Engrossing, submitted the following report:

Mr. President:
The Committee on Engros'ling has examined the following Senate bills, which it finds correctly engrossed and ready for transmission to the House, to wit:

A bill to regulate money-lending on personal property, and for other purposes.

A bill to define boycotting as a crime in this State and to provide punishment therefor.

A bill .to carry into effect paragraph 1, section 1, article 7 of the Constitution, with reference to creating a debt other than a bonded debt by counties and municipalities.

Also the following resolution, which it finds correctly engrossed and ready for transmission to the House, to wit:

A resolution to pay pension due J. C. Bridges, deceased, to his widow.
Respectfully submitted, A. B. DUNCAN, Chairman.

TuESDAY, JuLY 26, 1904.

355

The following House bills and resolutions were read first time:

By :Mr. Beauchamp-

A bill to establish the city court of Jackson, Butts county.

Referred to the Special Judiciary Committee.

By Mr. Morris-A' bill to establish a new charter for the town of Roswell. Referred to the Corporations Committee.

By Mr. Howell-
A resolution for the relief of P. P. Evans, of Meriwether county, a,3security c.n the bond of Albert Clayton.
Referred to the Special Judiciary Committee.

By 1\Ir. Felder-
A reEolution continuing in force the Commission on the Registration of Land Titles.

Resolution was concurred in.

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 Senate bill, which it



356

JOURNAL OF THE SENATE.

instructs me to report with the recommendation that it do pass, to wit:

A bill to amend paragraph 5, section 1, article 1 of the Constitution.
Respectfully submitted,
H. H. PERRY, Chairman.

The following Senate bills were read first time:

By 1\Ir. Skelton-
A bill to abolish tpe city court of Hartwell, in Hart county.
Referred to the Special Judiciary Committee : By Mr. Skelton--
A bill to establish the city court c.f Hartwell, m Hart county.
Referred to the Special Judiciary Qommittee.
By 1\Ir. Skelton-
A bill to incorporate the city of Hartwell, m Hart county.
Heferred to the Corporations Committee.
By l\Ir. SmithA bill to make the criminal laws applicable to primary
elections. Referred to the General Judiciary Committee.



TUESDAY, JULY 26, 1904. .

357

By Mr. HowellA bill to amend section 1495 of the Code. Referred to the Hygiene and Sanitation Committee.

By Mr. HowellA bill to amend section 1497 of the Code. Referred to the Hygiene and Sanitation Committee.

By Mr. Howell-
A bill to amend section 1492 of the Code.
Referred to the Hygiene and Sanitation Committee.
Mr. Hudson, chairman of the Committee on Pensions, submitted the following reporL:
Mr. President:
The Committee on Pensions has had under consideration the following Senate resolution, which it instructs me to report with the recommendation that it do pass, to wit:
A resolution to pay pension to A. M. Eason, of Appling county, dec~ased, to his widow.
Respectfully Rubmitted, T. G. HUDSON, 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 bills and resolution, which it instructs me to report with the recommendation that they do pass, to wit:

358

JOURNAL OF THE SENATE.

A bill to amend section 1764, volume 1 of Code, so as to further define what are lawful fences.

A bill to amend section 1791 of Code so as to change the salary of the clerk of Commissioner of Agriculture.

A resolution to appoint a committee to investigate and report upon use of " fillers" used in the fertilizer industry of the State.
The committee has also had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass by substitute, to wit:
A bill to amend section 2 of Act to regulate the registration, sale, etc., of commercial fertilizers, approved December 18, 1901.
Respectfully submitted, HARVIE JORDAN, Chairman.

The following House bills were read second time :

By Messrs. Leigh and Moses---
A bill to pay to the officers of the superior and city courts of Coweta county compensetion for misdemeanor convicts.

By Mr. Little-
A bill to change the time for holding Hancock superior court.

By Messrs. Mayson and Candler-
A bill to create a Commission of Roads and Re,enues for DeKalb couQty.

TuESDAY, JuLY 26, 1904.

359

By Mr. 'Valker-
A bill to regulate the running of automobiles in Monroe county.
The following House bills and resolution were read sec ond time and recommitted :

By Messrs. Slaton, Houston and BlackburnA bill to amend the charter of the city of Atlanta.

By Messrs. Slaton, Houston and Blackburn-
A bill to amend the charter of the city of Atlanta so as to extend the city limits.

By Mr. Felder-
A bill for the relief of J. W. Wilcox.
This bill was recommitted to the Appropriations Committee.
By Mr. SlatonA resolution consenting that the Atlanta interurban
Railroad Company cross the tracks of theW. & A. R. R.
On motion the special order for to-day, which is the Australian Ballot bill, was displaced and made the special order for next Tuesday immediately after the reading of the Journal.
The following Senate bills were read second time :
By Mr. HopkinsA bill to amend section 1764 of the Code relative to
lawful fences.

360

JOURNAL OF THE SENATE.

By Mr. Jordan.A bill to amend section 1791 of the Code.

By Mr. Comas-
A resolution to pay pension of A. M. Eason, of Appling county, deceased, to his widow.

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

By Mr. Jordan-
A resolution to appoint a committee to investigate and report upon the use of fillers used in fertilizers in this State.

The following amendment was adopted by striking all after the word "whereas'' in the 6th line thereof and ending with the word "fertilizers."

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes were 30, nays 0.
The resolution having received the requisite constitutional majority, was passed.

Committee from Senate are Senators Jordan and Atkinson.
Senate Bill ~o. 225 was recommitted to the Agricultural Committee.

By Mr. HopkinsA bill to amend paragraph 5, section I, article I, of the
Constitution.
Report of the Committee was agreed to.

TuESDAY, JuLY 26, 1904.

361

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

Those voting in the affirmative were Messrs.-:-

Allen, Atkinson, Christie, Clark, Clements, Crumbley, Davis, Duncan, of 10th, Harrell, Hopkins,

Jordan, Lee, Ledford, McClure, McLean, McMichael, Merritt, Moore, Reid, Skelton,

Smith, Snead, Starr, Stevens, Sweat, Symons, Tisinger, Van Buren, Worsham,

Those voting in the negative were Messrs.-

Comas, Golden, Hightower,

Lewis, Mathews,

Perry, . Williams,

Those not voting were Messrs.-

Duncan, of 36th, Hudson, Middlebrooks,

Park, Roberts, Taylor,

Ayes 30, nays 7.

Turner, Mr. President.

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 paragraph 5 of section 1, of article 1 of the Constitution of this State, so as to provide that in~ases of rape, or assault with intent to rape, the person assaulted may testify by deposition or otherwise.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

362

JOURNAL OF THE SENATE.

of the same, That paragraph five of section one of article one of the Constitution of this State, be amended by adding at the end of said paragraph, as a part thereof, the follow. ing: "Provided, that in cases of rape, or assault with intent to rape, the person assaulted shall not be required to tel'tify in open court, hut may do so by deposition or otherwise, as may hereafter be provided by law."
8ection 2. Be it further enacted by authority a'oresaid, That whenever the 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, the Governor shall, and 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 next preceding the time for holding the next general election.
Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment 8hall be submitted for ratification or rejection of the electors of this State at the next general election to be held after publication as provided for in the second section of thi8 Act in the se\eral districts of thi8 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 ot adopting the proposed amendment shall have written or printed on their ballots the words : "For ratification of the amendment of paragraph five of section one of article one of the Constitution. (Relieving persons assaulted in cases of rape, or assault with intent to rape, from testifying in open court.)''
And all persons opposed to the adoption ot said amendment shall have printed or written on their ballots the words: " Against the ratification ot amendment of paragraph five of section one of article one of the Constitution.

Tu~sDAY, Jur.Y 26, 1904.

363

(Relieving persons assaulted in case of rape, or assault with intent to rape, from testifying in open court.)"
Section 4. Be it further enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and directed, to provide for the submission of the foregoing proposed amendment to the Constitution of this State to a vote of the people as required by the Constitution of this State in paragraph one of section one of article thirteen, and by this A.ct, and if it 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, iFsue his proclamation, for one insertion, in one of the daily papers of this State, announcing such result declaring the amendment ratified.
Section 5. 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.

By Mr. Skelton-
A bill to amend section 369 of the Code relative to bridges between counties.

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 substitute.

By Mr. ~Iathews-
of A bill to amend paragraph 8, section 1, article 5 the
Constitution.

Report of the Committee was agreed to.

364

JOURNAL oF' THE SENATE.

This being a constitutional amendment, 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, Davis, Duncan, of IOth, Duncan, of 36th, Golden, Harrell, Hightower,

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

Skelton, Smith, Snead, Starr, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Hudson, Middlebrooks,

Park, Roberts,

Stevens, l\1r. President.

Ayes 38, 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 propose an amendment to paragraph 8, section I, article 5 of the Constitution of this State, so as to insure succession to the office of Governor, in certain contingencies, or lor other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, that the following proposal of amendment to article 5, section 1, paragraph 8 of the Constitution of this State, is hereby made to qualified voters of said State, to wit: By adding at the end of said paragraph the following language, to wit : "If death, resignation or disability of the

TuESDAY, JuLY 26, 1904.

365

Governor should occur after the election of a new legislature, and prior to the organization of the same, the President of the last Senate and the Speaker of the last House of Representatives shall nevertheless continue to hold their offices as such President of the Senate and Speaker of the House of Representatives, until the Assembly of the .new legislature in the respect that they shall succeed, in the order named in this paragraph, to the office of Governor of this State," so that said paragraph when amended shall read as follows: "Paragraph VIII. In case ot the death, resignation or disability of the Governor, the President of the Senate shall exercise the executive powers of the Government until said disability be removed or a successor is elected and qualified. And in the case of the death, resignation or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive power;; of the Government until the removal of the disability or the election and qualification of a Governor. It death, resignation or disability of the Governor should occur after the election of a new legislature and prior to the organization of the same, the President of the last Senate, and the Speaker of the last House of Representatives shall nevertheless continue to hold their offices as such President of the Senate, and Speaker of the House of Repre<5entative", until the assembly and organization of the new legislature, in the respect that they shall succeed in the order named in this paragraph to the office of Governor of this State."
Section 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, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district of this State, for the period

366

,JouRNAL oF THE SENATE.

of two months next preceding the time for holding the next general election.
t::lection 3. Be it further enacted, That tile above proposed amendment shall be submitted for ratification or rejection ot the electors of the State, at the next general election, to be held after publication, as provided for in section 2 of this Act in the several districts ot this State, at which election every person shall be qualified 1o 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 of this State shall have written or printed on their ballots the wordE: "For ratification of amendment of paragraph 8, section 1, article 5 of the Constitution (to insure succession to office of Governor)"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, the words: ''Against ratification of amendment of paragraph 8, section 1, article 5 of the Constitution (to insure succession to the office of Governor).
Section 4. Be it further enacted, That the Governor be and be is hereby authorized and directed to provide for the submission ot the foregoing proposed amendment to the Constitution to a vote of the people, as required by the Constitution of this State in paragraph 1, ot section 1 of article 13, and by this Act, and if the same be ratified, the Governor shall, when he bas been duly and officially notified of such ratificat;on, by the Secretary of State to whom the returns shall be referred in the same manner as in case of elections lor 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 the result, and declaring the amendment ratified.
Section 5. Be it further enacted, That all law;; and parts of laws in conflict with this Act be and the same are hereby repealed.

TuEsDAY, JuLY 26, 1904.

:367

By Mr. HightowerA bill to repeal section 1 of an Act amending the Act
creating the city court of Early coullty.
Report of the Committee was agreed to.

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

The bill having receiv~d the requisite constitutional majority was passed.

By Mr. Reid-
A bill to authorize and allow the Ordinary and Judge of the county court of Taliaferro county to be held by the same person.

Report of tlie Committee was agreed to.

Upon the passage of the bill the ayes were 24, nay.- 0.

The bill having received the requisite constitutional majority was passed.

The following Senate bill was read second time and recommitted to the General Judiciary Committee :

By Mr. DavisA bill to provide for the substitution of trustees for bonds.

The following Senate bills were read first time:

By Mr. Howell, by requestA bill to increase the number of local board of trustees
of the Technological School.
Referred to the U nivereity of Georgia Committee.

368

JOURNAl, OF THE t::)ENATE,

By Mr. Jordan-

A bill to regulate the speed of automobiles," loco mobiles and other machines of like character in this State.

Referred to the Agricultural Committee.

The following House bill was read second time and recommitted :

By Mr. Duggan-

A bill to incorporate the Shellman School district in Randolph county.

The following resolution was adopted:

By Mr. Hopkins-

A resolution directing the Secretary of Senate to furnish to the Senate the number of Senate bills in the House and the date of their transmission.

Leave of absence wa:o; granted Senators Starr, Jordan, Williams, Clark, Mann and Taylor.

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

WED~ESDAY, JuLY 2i, 1904.

369

Senate Chamber, Atlanta, Ga., \Yednesday, July 27, 1904.

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

Prayer was offered by the Rev. Dr. Allen.

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

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

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

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

Those absent were Messrs.-

Roberts,

Starr,

Taylor,

The Journal of yesterday was read and approved.

Mr. Tisi'nger, Chairman of tihe Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under con-
2ui

370

JOURNAL OF THE SENATE.

sideration the following Senate Bill, which it instructs me to report with the recommendation that it do pass, to wit:

A bill to a:bolish the city court of Hartwell.

The committee has also had under consideration the following Senate Bill, which it instructs me to report, with the recommendation that it do pass as amended, to wit:

A bill to establish the city court of Hartwell, in Hart count:y.

The committee has had under oonsideration the following Hou:se Bill and ReSIOlution, which it instructs me to report wi1Jh. the recommendation that they do pass, fu wit:

A hill to esta:blish the city oourt of JMkson, in Butts county, Ga.

A. resolution for the relief of P. P. Evans, of Meriwether county, as security on the bond of Albert Claytori, of sruid county.
Respectfully submitted, B. L. TISINGER, Chairman.

Mr. Durn'OOJl, Cfu!JirmlaJl. of the Omun.ittee on Engrossing, su'bmi>btied 1Jhe following report :

Mr. President:
The Committee on Engrossing has examined the following Senate bills and resolution, which it finds

WEDNESD.AY, JULY 27, 1904.

371

correctly engrossed and ready for transmission to the House, to wit:

A bill to amend paragraph 8, section 1, article 5 of the Constitution.

A bill to repeal section 1 of an act amending act creating the city court for Early cotmty.
A bill t.o amend section 369 of the Code, relative to bridge;; between counties.

A bill to authorize the ordinary and judge of the county court of Taliaferro county to be held by one and the same person.

~\. bill to amend pamgraph 5, section 1, article 1 of tlw Constitution.

A resolution to ap).JOint a joint commi1tee to investigate and report upon use of, "fillers" used in the fertilizer in dustry of this State.
Respectfully submitted,
A. B. DUNCAN, Chairman.

Mr. Duncan, Chairman of the Committee on Engrossing, submitted the follQwing report:

Mr. President:
The Committee on Engrossing has examined the following Senate Resolution, which it :finds correctly engrossed and ready for transmission to the House, to wit:

372

JoURNAL OF THE SENATE.

A resolution to accept invitation to visit Gainesville in a body July 30, 1904.
Respectfully submitted, A. B. DUNCAN, Chairman.

The following resolution was read and adopted:

By ~Ir. Perry-
A resolution accepting the invitation of the citizens of Gainesville to attend a barbecue there next Saturday, and the day be declared a dies non.

Ordered immediately transmitted.

The following Senate Bills were read first time:

By :Mr. ~[cLean-
A bill to vest in the Board of Academy Commissioners of Mcintosh county, and to abolish the Board of Education of said county.

Referred to the Educational CommittE'e.

By ~Ir. PerryA bill to amend section 4102 of the Code.

Referred to General Judiciary Committee.

:illr. Symons, chairman pro tern. of the Committee on Corporations, submitted the following report:

'VED~ESDAY, JULY 27, 1904.

~37:3

Jlr. President:

The Committee on Corporations has had under cDnsideration the following bill of the House, which it instructs me to report, with the recommendation th>at it do pass, to wit:

A bill to ,amend the cl:tarter of the city of Atlanta, providing for the extensi'O'Il of the city limits.

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 amended, to wit:

A bill to amend the charter of Atlanta, and for other pul"J))Ses.
Respectfully submitted, W. F. SYMONS, Chairman pro tern.

The following Senate Bills were read second time and reoommi tted.

By )fr. Howell-

A bill to amend sootion 1497 of the Code.

By ..Mr. Howell-

A hill to amend section 1492 of the Code.

By Mr. Howell-

A bill to amend section 1495 of the Code.

374

JOURNAL OF THE SENATE.

By :Mr. Snead-

A bill to amend section 191 of the Code.

By ~Ir. Skelton-

A bill to establish the city court of Hartwell, in Hart county.

By )fr. Skelton-

A bill to abolish the city court of Hart county.

The following Senate Bill wa;; read first tJme :

By :Mr. Perry-
A bill to amend an act incorporoating the town of )faysville in the oounties of Jackson and Banks.

Referred to the Corporations Committee.

The following Senate Bills were read third time to be put upon their passage :

By :Mr. Comas-
A resolution to pay pension of A. :M:. Eason, of Appling county, deooased, to his wido,,;_

Report of the committee was agreed to.

Upon tihe passage of the resolution, the ayes were 25, nays 0.

The resolution having received the requisite constitutional majority was passed.

WEDNESDAY, JULY 27, 190~.

375

By Mr. Clement&-

A bill to make it unlawful fur any perSiOn to appear on any passenger ooach of any railroad or electric cars in an intoxicated oon:dition.

The report of the oommittee was favorable to the passage of the bill. Th.e following is a minority report:

Minority report of Special J udici:ary Committe on Sena.te Bill No. 256 to make it a misdemeanor for any person to be intoxicated on any passenger ooadh or train of any railroad opera.ted by steam or electricity or otherwise, for the transportation of passengers.

The undersigned members o the Special Judiciary Committee respectfully dissent from the report of the committee recommending the passage of tihe rubove bill, ' and here briefly state some of the reasons which impel US' to do so:
1st. Legislation of this kind is neither needful nor proper. It is not the province nor the duty of the lawmaking body, legislating fur the good of the whole State, for trivi,al causes to increa.se tlhe number of violators of the law, placing upon a large number of our fellow-citizens, who are otherwise eminently respectable, the brand of criminals.
2d. Legislation of this kind is too drastic.
3d. The lawmaking body should be very careful in making any materi,al alteration in the criminal laws of the State.

376

JOURNAL OF THE SENATE.

4th. The Suate should not act in the dual capacity of furnishing the drink and punishing the drinker.
Respectfully submitted,
B. L. TISINGER, T. G. HUDSON.

:Mr. Tis.inger moved to disagree to .the report of the committee.

:Mr. Skelton moved to table the bill and on this motion, the ayes and nays were ordered and the vote is as fol lows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Davis, Duncan, of 10th, Duncan, of 36th, Harrell, Hightower, Hudson,

Ledford, Lewis, Mathews, McClure, McMichael, Merritt, Middlebrooks, Skelton, Smith,

Snead, Stevens, Sweat, Symons, Tisinger, Turner, Van Buren, Williams,

Those voting in the negative were Messrs.-

Comas, Hopkins, Lee,

McLean, Perry,

Reid, Worsham,

Those not voting were Messrs.-

Clark, Clements, Crumbley, Golden,

Jordan, Moore, Park, Roberts,

Ayes 27, nays 7.

Starr, Taylor, Mr. P:-::itlcr.

The bill was tabled.

WED.NESDAY, JuLY 2i, 1904.

~i7

The following Senate bill was read first time:

By Mr. Hightower-

A bill to repeal an act to create tfue city court of Early oounty.

Referred to the Special Judiciary Committee.

The following House Bills were read third time to be put upon t'heir passage:

By Messrs. Slaton, Houston and Blackburn-

A bill to amend the charter of the city pf Atlanta, so as to extend the ~ity limits.

Report of the oommittee 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 :Messrs. Slaton, Houston and Blackburn-

A bill to amend the charter of the city of Atlanta.

Report of the committee was agreed to.

Upon the passage of the bill, the 'ayes were 27, nays 0.

The bill havl.ng received the requisite constitutional majority was passed as amended, ~and the amendments are as follows : Amend section 2 by adding between the words "Mayor" and "Comptroller," in the fourth line the following: "Clerk of the Cit:y Council," so that said section as

:-378

JouR~AL OF THE SE~ATE.

amended will read as follows: "That the Mayor and general council of the city of Atlanta be and are hereby au thorized in their discretion to increase the salaries of the Mayor, Clerk of the City Council, Comptroller and City Engineer,'' etc.

The following House Bills were read seoond time and recommitted:

By :Mr. Flanigan-
A bill to prohibit the ~-;ale of spirituous liquors in Gwinnett county.

By Mr. Wooten-
A bill to amend article 5, section 1, paragraph 8 of the Constitution.

By Mr. Howell-

A resolution for the relief of P. P. Evans, of Meriwether county, as security on the bond of Albert Clayton.

By Messrs. )feRae and West~

A bill to amend the charter of the town of Lake Park.

By Mr. Beaucham~
A bill to establish the city court of Jackson, in Butt5 oounty.

This bill was not recommitted.

Tihe following Senate Bill was read second time and recommitted:

WEDNESDAY, JULY 27, 1904.

379

By Mr. Howell-

A bill to increase the number of local Board of Trustees <>f the Technol<>gical SchooL

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

By Mr. Jordan-

A bill to amend section 1791 of the Code so as to change the salary of the Clerk of the Commissioner of Agriculture.

This bill was tabled.

By Mr. Hopkins-
A bill to amend section 1764 of the Code so as to define lawful fences.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0. The bill having received 1fu.e requisite constitutional majority was passed.

Senator Middlebrooks was excused for not being present on yesterday.

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

380

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga., ThnTsday, July 28, 1904.

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

Prayer was offered by the Chaplain.

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

Allen, Atkinson, Ohristie, Comas, Crumbley, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell, Hightower, Hopkins, Hudson,

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

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

Those absent were Messrs.-

Clark, Clements,

Moore, Roberts,

Starr.

The Journal of yesterday was read and approved.

The following message was received from the House through 1fr. Boifeuillet, the clerk tihereof:

Mr. President:
The House has concurred in the following joint resolution of the Senate, to wit:

THURSDAY, JULY 28, 1904.

381

A resolution to accept invitation to visit Gaines,ille in a body on Saturday, July 30, and for other purposes.

The House has also concurred in the Serrate amendments to the following bill of the House, to wit:

A bill to amend an act to establish t'he city court of Dublin, in and for the county of Laurens, and for other purposes.
: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 I am instructed to report back with the recommendation that it "do pass":

A bill to amend section 982 of the Code of Georgia of 1895, providing for the selection by the Governor of banks in cities therein named as State depositories, and the several acts amendatory thereof, SIO as to add the town of Sparta, county of Hanoock, to the list of said cities and towns.
Respectfully submitted,
S. R. CHRISTIE, Chairman.

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

M1. President:
The General Judiciary Oomm:ittee has had under consideration the following bills of the Senate, which I am

382

JOURNAL OF THE :SENATE.

instructed to report back, with the recommendation that they ,; do pass" :

~-\.. bill to amend section 826 of Yolume 1 of the Code of 1895 of Georgia, so as to relieve said section of ambiguity, and to provide more definitely for the return of taxatio::1 and the situs of personal property in this State.

A bill to amend an act entitled an act to provide in what oounty manufacturing and other plants and persons and oompanies conducting business enterprises on oounty lines shall pay taxes, etc.

A.lso that the following bill of the Senate do pass as amended:

A bill to provide a remedy for the recovery of county taxes whi~h have been, or may !hereafter be, paid to a county not entitled by law to receive the same, and for other purposes.
Respectfully 'submitted,
H. W. HOPKINS, Acting Chairman.

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

Mr. President:
The Committee on Education has had under consideration the following Senate Bill which it instructs me to report with. the recommendation that it do pass, to wit:

A bill to incorporate the McDonough School District
in Henry county. Respectfully S'llbmitted, M. U LEDFORD, Chairman.

THURSDAY, JULY 28, 1904.

383

The following Senate bills were read second time:

By Mr. Skelton-
A ~ill to alter an 'act to provide in what county manufac.turers doing business on county lines shall pay taxes.

By :Mr. Skelton-
A bill to establish, organize and maintain a State Normal school as a branch of the University.

The following resolution was read :

By )fr. Hudson-
A resolution requesting the House tD return Senate Bill No. 251, passed by the Senate.

~fr. Hopkins moved t.o table the resolution.

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

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Comas, Davis, Harrell, Hightower, Hopkins,

Jordan, Ledford, Lewis, McClure, McLean, Merritt, Perry,

Reid, Snead, Sweat, Symons, Van Buren, Worsham,

Those voting in the negative were :Messrs.-

Duncan, of 10th,
Hudson,
Lee,
Mathews,

McMichael, Middlebrooks, Skelton, Smith,

Stevens, Tisinger, Turner,

384

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Allen, Clark, Clements, Crumbley, Duncan, of 36th,

Golden, Moore, Park, Roberts,

Ayes 20, nays 11.

Starr, Taylor, Williams, Mr. President.

The motion prevailed and the resolution was tabled.

:Mr. Ledford, Acting Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:

The Committee on Engrossing has examined the following Senate Bill and Resolution, which it finds correctly engrossed and ready for transmission to the House, to wit:

A bill to amend section 1764 of Code so as to further define what are lawful fences.

A resolution to pay pens-ion of A. :M. Eason to his widow.
Respectfully submitted,
:M. L. LEDFORD,
Acting Chairman.

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

Mr. President: The Committee on Finance has had under consideration

THURSDAY, JULY 28, 1904.

385

tJhe following bill of the House, which I am instructed to report back with the recommendation that it "do pass'' :

A bill to pay off and retire valid bonds of the State as they mature in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877, by levy and collection of a tax for that purpose, and for other purposes.

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

A bill to levy and collect a tax for the support of the State Government, for public institutions, and for other purposes.
Also that the following resolution of the House "do pass":

A resolution authorizing the Governor to borrow money to supply casual deficiencies.
Respectfully submitted,
WM. H. DAVIS, Chairman.

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

Mr. President :

The General Judiciary Committee has had under con-

sideration the following bills of the Senate, which I am

instructed to report back with the recommendation that

they "do pass" :

..

A bill to abolish the municipality known as Everett, to
25 8 j

386

JOURNAL OF THE SENATE.

repeal the charter of ;;arne, and to repeal all conflicting lam, and for other purposes.

A bill to provide for the substitution of Trustees for Bonds in certain cases, and for other purposes.

A bill to amend an act to establish a city court in the county of Hall, and for other purposes.

A bill to amend section 5321 of volume 2 of the Code of 1895, relating to t.he power and fees of commis;;ioners appointed to take depositions, so as to make such fees taxable as court costs in certain instances, and for other PUJ:'POS8.

A bill to amend section 4102 of volume 2 of the Code of Georgia in regard t() times and places of holding oourts
. by justices of the peace and notaries public.
Also that the f()llo\\-ing bills of the House do pass as amended:

A bill to create the office of Commissioners of Roads and Revenues in and tor Oglethorpe county, and for other purposes.
A bill to abolish the Board of County Commissioners of Roads and IV>venues in and for the count6'" of Oglethorpe.
Respectfully submitted,
H. H. PERRY, Chairman.
.
:hfr. Ledford, C'hairman of the Committee on Education, submitted the following report:

THURSDAY, JULY 28, 1904.

387

.Mr. President :

The Committee on Education has had under consid-eration the following Senate bill, which it instructs me to report with the recommendation tliat the same do pass as .amended, to wit:

A bill to amend and codify the common school laws.
Respectfully submitted, M. L. LEDFORD, Chairman.

Mr. Middlebrooks, Chairman of the Committee on Corporations, submitted the following report:

Mr. P1esident :

The Oommittee on Corporations has had under oonsid-eration the following Senate Bills, which it instructs me to report with t!he recommendation that they do pass, to -wit:
A bill to authorize the Mayor and Council of McDon.ough to issue bonds not to exceed $10,000 for school buildings, etc.
A bill to incorporate the city of Hartwell, m Hart
~ounty.
A bill to amend act to incorporate the town o llfays-ville.

The committee has also had under consideration the following House Bills, which it instructs me to report with the recommendation tlhat they do .pass, to wit:

388

JoURNAL OF THE SENATE.

A bill t.o amend, consolidate and supersede the severar acts incorp<Jrating the town of Rockmart.

A bill to change the name of Hlarmony Grove.

A bill to amend Act to incorporate the town of Bostwick.

A bill to amend the charter of the city of Monroe, Wal-ton county.
A bill to incorpo:r>ate the town of Chula.

A bill to amend the charter of the town of Betlhlehem,. in Walton county.
A bill to provide a mode of registration of voters m. municipal elections in Augusta.
A bill to amend the charter of the city of Augusta. Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.
Mr. Middlebrooks, chairman of the Committee on Cor-p<Jrations, submitted the following report:
Mr. President: The Committee on Corp<Jrations has had under consid-
eration the following House Bill, whidh it instructs me to report with tbe recommendation that it lie on the table,. to wit:
A bill to establish a new charter for the town of Roswell,. in Cobb county.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.

THURSDAY, JULY 28, 1904.

389

The following Senate Bill was read first time :

::By Mr. Smith-

A bill to authorize the ;Board of Mediool Examiners of Georgia to grant license to licensees of medical boards of <other States without examination.

Referred to the Hygiene and Sanitation Committee. :By Mr. Davis-

A bill to move the office of State Geologist from the Capitol to the State University.

Referred to the General Judiciary Committee. _"By Mr. Duncan-

A bill to amend an act entitled an act to reduce the fees ,-()f Notaries Public in this State.

~eferred to the Banks Committee.

By unanimous consent the following hill of the Senate -was read third time ~o be put upon its passage:

]3y Messrs. Comas, McJ\Iichael and Turner-

A bill to amend and oodify the common school laws o Georgia.

Report of the committee was agreed to.

Mr. Skelton moved to reconsider the action of the Senate in agreeing to the report of the committee, which mo~ion prevailed.

390

JOURNAL OF THE SENATE.

Mr. Skelton offered the following amendment: Ameud section 22 by striking from the first line the word "State',.. and insert the word "county."

And on this amendment the ayes and nays were ordered. and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Duncan, of 10th, Hightower, Ledford,

Lewis, McClure, McLean, Middlebrooks,

Reid, Skelton, Smith, Snead,

Those voting in the negative were Messrs.-

Atkinson, Christie, Comas, Davis, Harrell, Hopkins, Hudson,

Jordan, Lee, Mathews, McMichael, Merritt, Perry,

Stevens, Sweat, Symons, Tisinger, Turner, Worsham,.

Thoee not voting were Messrs.-

Clark, Clements, Crumbley, Duncan, of 36th, Golden,

Moore, Park, Roberts, Starr,

Taylor, Van Buren, Williams, Mr. President.

Ayes 12, nays 19.

The amendment was lost.

Mr. Hopkins moved to postpone furthel' action until Monday.

The motion was lost.

THURSDAY, JULY 28, 1904.

391

Mr. Comas moved to make this bill special order for to-morrow, which motion prevailed.

The following Senate bill was read first time:

By Mr. HopkinsA bill to amend section 650 of the Code of 1895.

Referred to the Mines and Mining Committee.

The following Senate Bills were read second time:

By Mr. Park-

A bill to amend the Act creating the Prison Commission of Georgia.

This bill was recommitted.

By Mr. Turner--
A bill to authorize the Mayor and Council of McDonough to issue bonds to the amount of $10,000 for equipping school buildings.

Mr. Mathews, Chairman of the C~mmittee on Railroads, submitted the following report:

Mr. President:
The Committee on Railroads has had under consideration the following Senate Resolution, which it instructs me to report with the recommendation that it do pass as amended, to wit:

A resolution to examine into the advisability of selling the Western & Atlantic Railroad.

392

JoURNAL OF THE SENATE.

The committee has also had under consideration the follO'Wing House Resolution, which it instructs me to report with the recommendation that it do pass, to wit:

A resolution consenting that the Atlanta Interurban Railway Co. may cross the tracks of the Western & Atlantic Railroad.
Respectfully submitted,
H. A. l!ATHEWS, Chairman.

Mr. Com:as, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:

The Committee on Hygiene and Sanitation has had

under consideration the following Senate bills, which it

instructs me to report with the recommendation that they

do pass, to wit:

. 4:

A bill to amend section 1495, volume 1 of Code, pro. viding for meeting of State Board of Pharmacy.

A bill to amend section 1492, volume 1 of Code providing for the appointment and qualification of members of the Georgia State Board of Pharmacy.
Respectfully submitted,
P. H. COMAS, Chairman.

The following House Bill was taken up to be put upon its passage :

THURSDAY, JuLY 28, 1904.

393

J3y Mr. ReidA bill to levy and collect a tax for the support of the
,State Government for the year 1905. This bill goes over as unfinished business. The following Senate Bill was read second time:

By Mr. Perry-
A bill to amend the act inoorporating the town of ::M:ays-
-ville in the counties of Jackson and Banks.

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

By Mr. Slaton-
A resolution consenting to the Atlanta Interurban Railroad Company crossing the right of way of the W. & A. Railroad.
Report of the committee was agreed to.
Upon the passage of the resolution the ayes were 24, nays 0.
The resolution having received the requisite constitutional majority was passed.

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

By Mr. TurnerA bill to inoorporate the McDonough School District
in Henry county.
Report of the committee was agreed to.

394

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 :i\Ir. Smith-
A resolution to appoint a oommission to examine into the matter of the advisability of selling the W. & A.. Railroad or exumding the lease.
This ;esolution was adopted.

Senator Middlebrooks was granted leave of absence for tomorrow.
On motion the Senate adjourned until tomoiTow morning at 10 o'clrek.

Senate Chamber, Atlanta, Ga., Friday, July 29, 1904.

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 ans,vered to their names :

Allen, Atkinson, Christie, Clark, Clements, Comas,

Crumbley, Davis, Duncan of lOth, Duncan of 36th, Golden, Harrell,

Hightower, Hopkins, Hudson, Jordan, Lee, Ledford,

FRIDAY, JULY 29, 1904.

395-

Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park,

Perry, RP-id, Skelton, Smith, Snead, Stevens, Sweat, Symons,

Taylor, Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.

Those absent were Messrs.-

Middlebrooks,

Starr.

The Journal of yesterday was read and approved.

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

Mr. President:

The Committee on Engrossing has examined the following Senate Bill and Senate Resolution, which it finds are correctly engrossed and ready for transmission to the House, to wit :
A bill to incorporate the McDonough School District. in Henry county.
A resolution to appoint Commission to examine into matter of advisability of selling the Western & AtlanticRailroad or extending the lease thereof.
Respectfully submitted, A. B. DUNCAN, Chairman.

:Mr. Symons, Chairman of the Enrollment Committeesubmitted the following report:

-396

JOURNAL OF THE SENATE.

Mr. President :

The Committee on Enrollment report as duly enrolled and ready for the signatures of the President of the Sen.ate and Speaker of i:'he House the following acts, to wit:

An act to amend an act entitled an act to amend and
renew the various acts incorporating the town of 'Vaynes-
boro, and which makes the same a city, and acts amend.atory thereof.
toAn act to authorize the mayor and council of 'Vaynes-
boro order an election to determine the question of elec.tric lights and water supply.

An act to amend act creating a Board of Road and Bridge Commissioners for Appling county.

An act to amend charter of the city of Baxley.
Respectfully submitted, W. F. SYMONS, Chainnan.

The following Senate Bills were read second time:

By :Mr. Perry-

A bill to amend an act establishing the city court of Jiall county.

..By ~Ir. Perry-

A bill to amend section 5321 of the Code of 18D5.

FRIDAY, JuLY 29, 1904. By Mr. Skelton-

39T

A bill to incorporate the city of Hartwell, m Hart county.

By Mr. Perry-
A bill to amend section 4102 of the Code.
The following Senate Bill was read first time: By Mr. Smith-
A bill to amend section 1486 of the Code relative to the practice of medicine.
Referred to the Hygiene and Sanitation Committee.
The following resolution was read and adopted:
By :Mr. JordanA resolution that the Senate stand adjourned until.
:M:onday morning at 11 o'clock, \vhen it adjourns today, through respect to the late Senator Roberts.

The following House Bills were read second time:

By Messrs. Lawrence and Booth-
A bill to amend the act inoorporating the town of Beth- lehem.

By Messrs. Lawrence and Booth-
A bill w amend the charter of the city of Monroe.

.398

JOURNAL OF THE SENATE.

By :Mr. George-

A bill to amend an act incorporating the town of Bostwick.

By :M:r. Arnold-

.lt bill to create the office of Commissioner of Roads and Revenues for Oglethorpe county.

By :Mr. Dunbar-

A bill to provide for a mode of registration for muni-cipal elections held in the city of Augusta.

By Mr. Arnold-
A bill to abolish the Board of County Commissioners for ()glethorpe county.

By ~Icssrs. Dunbar, Calvin and :Mulherin-

A bill to amend the charter of the city of Augusta so as to require work on streets or a commutation tax.

By :Mr. Hardman-

A bill to change the name of Harmony Grove.

"By :Mr. Little-
A bill to amend section 982 of the Code by adding the town of Sparta to the list of State depositories.

By :Mr. Paulk-
A bill to incorporate the town of Chula m Irwin -county.

FRIDAY, JuLY 29, 1904.

399

:By Mr. Ayers-
A bill to amend and consolidate the several acts incorporating Rockmart.

:Mr. Comas, Chairman of Committee on Hygiene and Sanitation, submitted the following report:
]J{r. President:
The Committee on Hygiene and Sanitation has had under consideration the follo"ing Senate Bill, which it instructs me to report with the recommendation that it -do pass, to wit:

A bill to amend section 1497, volume 1 of Code, pre1'lcribing the manner of granting licenses by the Georgia .State Board of Pharmacy.
Respectfully submitted,
P. H. COMAS, Ohairman.

The following Senate Bills were read D~ird time to be put upon their passage:

:By l.Ir. Symons-
A bill to abolish the municipality known as Eerett, in Glynn ctmnty.

Report of the committee was agreed to.

Upon the passage of the billthe ayes were 25, nays 0.

The bill having reGeived the requisite constitutional majority was passed.

400

JOURNAL OF THE SENATE.

By :Mr. Skelton-

A bill to amend an act to establish, organize and maintain a State Normal School as a branch of the University.

Report of the conm1ittee was agreed to.

Upon the passage of the bill, the ayes were 23, na:ys 0.

The bill having received the requisite-constitutional majority, was passed as amended and the amendment is as follows:

Amend section one of the bill by striking the word "two" in the thirteenth line of said section and insert in lieu thereof the word "one."
Amend section one of the bill by adding after the word "Athens" in the thirteenth line of said section the following words "and one from a convenient and accessible point to the city of Athens."
Amend section one of the bill by adding after the word "Athens" in the twentieth line of said section the words "and the trustee appointed from a convenient and accessible point to the city of Athens."
Amend section 2 of the bill by striking the word "two" in the fourth line of said section and insert the word "one;" also amend said section after the word "Athens" in thefifth line by adding the following: "and one from a convenient and accessible point to the city of Athens."
Also amend section 2 by adding after the word "commissioner" in the thirteenth line of said section, the words. "trustees appointed from a convenient and accessible point to the city of Athens."

FRIDAY, JULY 29, 1904.

401

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

By Yr. Little-

A bill to cliange the time for holding Hancock superio~
oourt.

Report of the committee was agreed to.

Upon the passage of the bill 1fu.e ayes were 25, nays 0.

The bill having received the requisite constitutional majority. waa passed.

By :Mr. Beauchamp-

A bill to esta:blisih the city court of J aekson, in Butts
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.

The follmving message waa received from the House of Representatives through Mr. Boifeuillet, the clerk thereof:
Mr. President:

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

A bill to regulate the salaries of judges of the superiol"
218 j

402

JOURNAL OF THE SENATE.

courts of all the judicial circuits of this State having or that may hereafter have therein, a city with a population of not less than 54,000 nor more than 75,000.
A hill to fix the salary of the Governor of Georgia.
The following House hill was taken up as unfinished business:

By Mr. Reid-
A hill to levy and collect a tax for the maintenance and support of the State government for the year 1905.

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 as amended.
The amendments are as follows:
Amend section 2, first paragraph, eighth line of said paragraph hy striking the word "to" between t!he words "authority" and "sections" and insert in lieu thereof the word "of."
Amend section 2, paragraph 3, by striking out in the fifth and sixth lines in said paragraph the following words: "or agents for the enlargement of pictures, or taking or soliciting orders therefor."
Amend section 2 and paragraph 3 by adding at the end thereof the following: "Provided this section shall not be construed to authorize the operation of any pool, billiard or bagatelle table in any city or town which prohibits the same by ordinance."

FRIDAY, JuLy_29, 1904.

403

Strike out paragraph 21 of section 2 and insert: "Upon ~very individual agent or :firm of agents, -of any meat packing house doing business in this State, shall be taxed two hundred dollal"S in each county having a city with a population of 50,000 or more, one hundred dollars in every county having a city with a population of between 25,000 and 50,000; :fifty dollars in every county having a city with a population of between 15,000 and 25,000; twenty-five dollars in every county having a city with a population of 15,000 or less. The population to be ascertained by the last United States census. The tax herein levied shall be paid for the privilege of conducting the business of a meat packing house for each place of business in every county in this State. No city, town or municipality in this State shall have the right to levy an occupation tax upon said packing house in any sum greater than that levied by the State. All taxes herein levied shall be paid in full for the :fiscal years for which. they are levied to the tax collectors of the counties in which said vocation is carried on at the time of commencing to do the business specified in this act."
Amend section 2, paragraph 23 by striking from the -eleventh line the follo~ng words: "one thousand dollars." Amend said section and paragraph further by striking alf of the words which oocur after the word "dollars" in the fourteenth line thereof.
Amend section 2, paragraph 34, by inserting between the words "merry-go-rolind" and "ten" in the seventh line thereof the following words: "accompanying any midway -combination, street fair or street carnival."
Amend section 8 by striking all the words from the beginning of said section doWJ?- to the words "proviJed further'' in the 29th line of said section, and inserting in lieu thereof the following words :

404

JouRNAL oF THE SENATE.

"Section 8. Be it further enaoted by the authority aforesaid, that the presidents, superintendents, or agents of all manufacturing and other companies, whether incorporated or not, other than railroad, telegraph, telephone, express, sleeping and palace car companies, and all persons and companies conducting business enterprises of every nature whatsoever, shall return for taxation at its true market value all of their real estate to the tax receiver of the oounty wherein it is located, and their personal property shall be returned to the tax receiver of the. oounty where such persons reside or the office of the company is located; provided that if the real estate, upon which said manu:acturing or other business enterprises of whatsover nature is carried on, lies on or across a county 'line or oounty lines and in two or more counties, said real estate shall be returned to the tax rooeiver of the county wherein are located the main buildings containing machinery or most of the main buildings ; provided further, that all persons, companies and .corporations, not excepted above, oonducting any business enterprise upon realty not taxable in the county in which such perso:as reside or the office of the company or corporation is located, shall return for taxation their stook of. merchandise, raw: material, machinery, live stock, and all other personalty employed in the operation of such business enterprise, together with the manufacl.ured goods and all other products of such busineos _enterprise, and the notes and accounts made and the money used in the prosecution of such business enterprise, on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind, connected with or used in said enterprise in any manner whatsoever, in the county in . whioh i;; taxable the realty whereon such 'business enterprise is looated or carried on."

FRIDAY, Jm.y 29, 1904.

405

Amend section 14 and tJhe seventh line thereof by inserting between the words "enforcement" and "from" the words "of taxes."

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

Mr. President:
The Committee on Education has lhad under ~nsider ation the following House bills, which it instructs me to report with the recommendation that they do pass, to wit:

A 1:>ill to incorporate Shellman Sdhool district, in Randolph county.

A bill to incorporate the Danburg school district.

A bill to incorporate the Waresboro school district, in Ware oounty.

A bill to authorize the mayor and oouncil of Valdosta to issue bonds for -school purposes.
A bill to amend Act authorizing county commissioners of Bibb county to appropria,te certain sums to each of the. two libraries now established in the city of Macon.
The committee has also had under consideration the
following Hbuse bill, which it instructs me to report with
the recommendation that it do pass as amended, to wit:
A bill to amend the charter o the town of Canton. Respectfully submitted, M. L. LEDFORD, Chairman.

406

JOURNAL OF THE SENA.TE.

Mr. Snead, vice-chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
-The Committee on Penitentiary has had under consid eration the following Senate bill, Wlhich it instructs me t() report wilth the recommendation that it do pass, to wit:
A bill to amend section 3 of an Act amending Act approved December 31, 1897, being an Act to create a Prison Commission.
Respectfully submitted, CLAIBORNE SNEAD, Vice-chairman.

Mr. Duncan, chairman of the Temperance Committee~ submitted the following report:

Mr. President:

The Committee on Temperance has had under consideration the following bill of the Senate, which it instructs me to report back to the Senate wi.th the recommendation that the same do pass as amended : _

A bill to provide for a dispensary in Mitchell county. Respectfully submitted,
J. T. DUNCAN, Chairman.

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

FRIDAY, JULY 29, 1904.

407

Mr. Premdent:

The General Judiciary Committee has had un.der oonsideration the following bill of the Senate, wihich I am instructed to report hack wilth the recommendation that it do pass:

A bill to remove the office of the State Geologist from the Capitol of the State to the site of the University of Georgia, and for other purposes.

Also, that the follO'Wing bill of the Senate do pass by substitute:

A bill to amend section 191 of the Code of 1895, etc.
Respectfully submitted, WM. H. DAVIS, Acting Chairman.

The following special order was taken up:

By Messrs. Comas, Me:Michael and Turner-
A bill to amend and codify the oommon school laws of Georgia.
Mr. Skelton moved to reoonsideT the action of the Senate in defeating the following amendment on yesterday: Amend section 22, in first line, by striking the word "State" and insert the word "oounty" in lieu thereof.
On this motion the ayes and nays were ordered, and the vote was as follows :

408

.JouRNAL oF THE SENATE.

Those voting in the affirmative were Messrs.-

Allen, Christie, Clark, Clements, Duncan, of Ioth, Duncan, of 36th, Harrell,

Hightower, Hopkins, Hudson, Ledford, McClure, McLean, Moore,

Park, Reid, Skelton, Smith, Snead, Van Buren, Williams,

Those voting in the negative were Messrs.-

Atkinson, Comas, Davis, Lewis, Mathews,

McMichael, Merritt, Perry, Stevens,

Sweat, Symons, Tisinger, Worsham,

Those not voting were Messrs.-

Crumbley, Golden, Jordan,

Lee, Middlebrooks, Starr,

Ayes 21, nays 13.

Taylor, Turner, Mr. President.

The motion prevailed.

And on the adoption of the foregoing amendments ~he ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Clark, Clements, Duncan, of 10th, Ledford,

McClure, McLean, Moore, Park, Reid,

Skelton, Smith, Snead, Van Buren, Williams,

FRIDAY, JULY 29, 1904.

409

Those voting io the negative were Messrs.-

Atkinson,

<::hristie,

<::omas,

Davis,

Duncan, of 36th,

Harrell,



Hopkins, Hudson, Lewis, Mathews, McMichael, Merritt,

Those not voting were Messrs.-

Perry, Stevens, Sweat, Symons, Tisinger, Worsham,

'Crumbley, Golden, Hightower, Jordan,

Lee, Middlebrooks, . Starr,

Ayes 15, nays 18.

Taylor, Turner, Mr. President.

The amendment was lost.

The report of the committee was agreed to.

Upon the passage of the ibill the ayes were 25, nays 6.

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

Amend by striking the words "State superintendent of public instruction," wht>re it appears, and inserting "State :SChool commissioner.'' Also by striking the words "county superintendent" and inserting "county school commission-er."

Otlier amendmenffi are as follows: Section 1, line 8.-Am.end by striking the word "chief." Section 6, line 1.-Amend by inserting before the word

410

JOURNAL OF THE SENATE.

"elected" the following in parenthesis: "Now designated State school commissioner."

Section 6, line 11.-Amend by inserting after the words "sU'bordinate school officers" the words "and teachers," to read as follows : "Reports require of subordinate school officers and teachers."

Section 6, line 14.-Amend by inserting after the wordi "instruction" the following: "In circular letters or bulletins," and the line will read as follows: "Transmit toj;hem such instructions in circular letters or bulletins as hemay deem necessary."

Section 7, lilies 9 and 10.-Amend by substituting forthe words "one week before the date of holding the springterm of superior court of each county" the lollowing::
"One week before the first session of the superior oourt convening on or ~after September 1st."

Section 7, lines 11 and 12.-Amend by striking thewords "and to president of county board of education."

Section 7, lines 14-19.------Amend by striking all contained in this section after the words "during the previous year," in line 14.

Section 10, line 7. Amend by striking the word "chief," and the words "asaistant clerk," so that the line may read as follows: "The salaries of the clerk, a stenographer and janitor, etc."
Section 10, line 1.------Amend hy substituting foc thewords "assistant clerk" the word "stenographer."
Section 13, line 7.-Amend by st~..king the word "~tron~ character."

FRIDAY, JULY 29, 1904..

411

Section 10, line 9.-Amend by striking the wol"d3 "not exceeding," and inserting in lieu thereot the word "of.''

Section 13, lines 10-20.-----....Amend by substituting for part of line 10, and through line 20, after the words "elected and qualified," in line 10, and substituting the following: "provided, that members of the oounty board of edueation may be aelected from the territory of local school sysooms which have dealings with, and operate under the supervision ot the county board ol education, whose teachers a:toond the oounty institute, and take the State teachers' examination, and which receive their sohool funds through said board; provided further, that one member of the county board of education may be selected from the territory of an independent local school system, having no dealings with the oounty board of education, provided said local school system includes the oounty seat."

Section 15, line 5.-Amend by inserting after the words "statement of the facts," the following: "indicating the term for which said members are elected, and whom they succeed."

Section 15, lines 7-10.-Amend by striking out the clause beginning "and the corresponding evidence of the election of the county superintendent shall be certified statement of the secretary pro tem. of the meeting of the board, at which the election was held." (This is trarur fered to section 22.)

Section 17, line 4.-Amend by inserting after the

words "public schools" the following: "At the call of the

president or a majority of the board of education."



Section 18, line 15-17.-Amend by striking the following clause: "Provided, however, that in such subdistrict

412

JouRNAL oF THE SENAT&

where more than one school is demanded, then they may establish one or more additional schools in said subdistrict."
Section 18, line 18.----<Armend by striking the word "also."

Section 19, line 9.-Amend by inserting between the words "the State board of education" and "to ooll80lidate schools," tM following: "To appropriate for school libraries an amount not to exceed one per cent. of the annual school fund belonging to tib.e oounty, giving to one school :Q.ot less than $5.00, nor more than $10.00 for the purchase of library books selected from a list prepared by the State superintendent of public instruction, on condition that an amount equal to the amount appropriated by the oounty board of education, to be contributed by the school."
Section 19, line 11.- Amend by insertin~ after the words "residing furth-er than two and a half miles" the words "from school."
Section 20, line 20.-Amend by inserting after tib.e words "school property, shall be guilty of a misdemeanor and" the following: "upon conviction, shall be punished as prescribed by Section No. 1039 of Volume No. 3 of the Code," and by striking all contained in this section after the words "shall be guilty of a misdemeanor and."

Section 22, line 19.-Amend by striking the word "ability" ind substituting therefor the word ":fitness.'
Section 22.-.Amend by adding thereto the words: "The certified statement of the election of the oounty school suoerintendent shall be signed iby the secretary pro tem. of the meeting by the vresident of the county board

FRIDAY, JULY 29, 1904.

413

education and forwarded to the State superintendent of public instruction. Said bond shall be filed with the ordinary, who shall be allowed to charge fee of $1.00 for -reoording the same."
Section 26, lines 26-27.-Amend by striking out the words "with the approval of the county school superintendents."

Section 27, line 17.-Amend by adding thereto the words "in lieu of a per diem the county boards of education are hereby authorized and empowered to pay salaries to the county school superintendents aooording to the po~ nlation of the counties as follows : In counties having a population of 20,600 the salary may be $1,000.00; of 30,000, the ,salary may be $1,500.00; in counties having a population of 60,000 the salary may be $1,800.00."

Section 30, liRe 2.-Amend by striking out the words "except those counties which are under local school laws.',

Section 30, line 4.-Amend by striking out the words "spring term of court," and substituting therefor the words "first session of the superior oourt convening on or after September 1st."

Section 33.-Amend by striking out the words "an itemized statement" after the words "public instruction," in line 3, through the words "county board of education" before the word "and," in line 8, so that that part of said section shall read as follows: "A statement of the total amount of salaries which the county board has contracted to pay for services during said month, and an itemized statement of all otiher claims, and any other item of ex~ pense which may be chargeable against the county board

414

JOURNAL OF THE SENATE.

of education; provided, that before the last monthly payment is made to the oounty school superintendent he shall .transmit to the State superintendent of public instruction an itemized statement, including a list in detail of all salaries and other items chargeable against the county board of education during the entire year/'
Section 33, lines 9-10.---.Amend by striking out the words "State school superintendent,'' and "ubstit uting therefor the words "State superintendent of public instruc:iion.''

Section 33, line 37.-Amend by adding thereto the words "and all balances brought forward."
Section 34, lines 1-2.-Amend by substituting for "1903" the figures "1905."
Section 42, line 29.-~-\.m.end by adding after the word "teachers" the following words: "Provided, that for the .expenses of a combined institute extending through four weeks the counties T)articipating may appropriate fifty .dollars each."
Section 43, line 27.-Amend by adding after the word "emergency'' the following words: "arising in its own COUnty."
Section 43, line 36.-Amend by adding after the word "instruction" the following words: "and applicants for license to teach shall not be charged an examination fee."
Section 46, line 20.-Amend by striking out the word "felony" and substituting therefor the word "misdemeanor."
Section 46, line 21.-Amend by striking out the figures "''233" and substituting therefor the figures "1039."

FRIDAY, JULY 29, 1904.

415

Seetion 47, line 20.-Amend by striking out the word ''equable" and substituting therefor the word "equitable/'

Section 48, line 2.-Amend by adding after the words "reliable persons" the following words: "other than members of said boards."

Section 59, line 1.-Amend by striking out the words "from and after the passage of this Act."

Section 10, line 9.-Amend by strikinP" the words "not exceeding," and inserting the word "of."

Section 19, line 4.-Amend by substituting the word "eight" for the word "five."

Section 19, line 6.-Amend by substituting the words "one-half" for the words "one-third."

Section 42.-Amend by making 34 lines the section 41, and by leaving the remaining six lines section 42.

Section 21, line 6.-Amend by striking line 6 and inserting the words "they shall elect one appraiser and notify the owner of the land to select another appraiser, and these appraisers shall select a third appraiser; but if the Qwner of the land wanted for a school site does not select an appraiser in ten days, the county board of education shall instruct the county school commissioners to select two appraisers, and their award shall be final unless an appeal is had as now provided by law."

Section 21, lines 21-24.-Amend by striking out lines 21-24.

Section 22, line 19.-Amend by inserting after the words "each applicant" the following sentence : "The ap-

416

JoURNAL OF THE SENATE.

plicant selected county school superintendent shall receive a majority of the votes of the county board of education."
Section 37, line 5.-Amend by inserting after the words "sOO.ool fund" the following: "appropriated for common school purposes for the next year and the amount."
Section 41.~Amend by striking out all contained in said sootion.
Secl.ion 46, line 4.-Amend by inserting after the word "duties" the following: "giving or receiving aid in examinations."
Section 57.-Amend by striking out all contained in this section and substituting therefor the following: "That twenty sehool days shall constitute a school month in all the oomm.on or public schoole of this State.
Section 58.-Amend by striking out and substituting the following: "Local school systems and school districts, except those which raise, during the current year in which the apportionment is made for the next year, by local taxation, an amount for school purposes equal to the amount of school funds received from the State treasury, shall operate under the general supervision of the county board of education, shall receive their State school funds through the county board of education, shall require their teachers to attend the sessions of the county institutes and hold a license to teach issued by the county school superintendent or the State superintendent of public instruction; shall admit pupils from other portions of their respective counties, outside of the territory included in their respective local school systems or school districts, on terms which shall be approved by the county board of education and the board of trustees of said local school systems or school districts."

FRIDAY, JULY 29, 1904.

417

Section 59.-That the citizens of any local school system
or school district shall have power to elect -a board of school trustees.

Section 60.-That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.

Mr. Jordan, chairman of the Agricultural Committee, submitted the following report:

The Agricultural Committee has had under oonsideration the following Senate bill, which it instructs me to report with. the recommendation that it do pass, to wit:
A bill to provide for the regulation of speed of automobiles, etc., on the public highways of this State.
The committee has_ also had under consideration the following Senate bill,-which ~t instructs me to :report with the recommendation that it do pass as amended, to wit:
A bill to amend an Act approved Deoomber 21, 1897.
The committee has also had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do not pass, to wit:
A bill to amend section 2 of an Act to regulate the registration, sale, etc., of commercial fertilizers.
Respectfully submitted, HARVIE JORDAN, Chairman.

418

JouRNAL oF THE SENATE.

Mr. 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 and delivered to the Governor the following Acts, to wit:

An Act to amend an Act amending the charter of Waynesboro, and which makes the same a city, and all Actd amendatory thereof.

An Act to authorize the mayor and council of Waynesboro to order an election to determine the. question of electric lights and water supply.

An Act to amend Act creating a board of road and bridge oommissioners for Appling county.

An Act to amend charter of the city of Baxley.
Respectfully submitted,
W. F. SYMONS, 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 Senate bill, which it instructs me to report with the recommendation that it do pass:

FRIDAY, JULY 29, 1904.

419

A bill to amend an Act entitled an Act tp reduce and nJ-gulate the fees of notaries public and other officers in -this State, and for other purposes.
Respectfully submitted,
S. R. CHRISTIE, Chairman.

The follow"ing Senate bill was read thl.rd time and put -upon its passage:
_By llr. Perry-
A bill to make it unlawful to bet on primary elections.

Report of the committee was agreed to.

Upon the pa8sage of the bill the ayes and nays were or-dered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, <Clements, <Comas, Davis, Duncan, of 36th, Hudson, Ledford,

Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park,

Perry, Skelton, Smith, Snead, Stevens, Sweat, Symons, Williams,

Those voting in the negative were Messrs.-

Duncan, of 1oth, Harrell, Hopkins,

Reid, Tisinger,

Van Buren, Worsham,

420

JouRNAL oF THE SENATE.

Those not voting were Messrs.-

Allen, Crumbley, Golden, Hightower,

Jordan, Lee, . Middlebrooks, Starr,

Taylor, Turner, Mr. President..

Ayes 25, nays 7.

The bill having received the requisite cons..t,itutionalma-"-
jority was passed as amended, and the amendments are
as follows:

Amend by striking from caption the words "for officers' of this State, or for nominatien of candidates for office of. this State," and .substituting therefor the words "for anyfederal, State, county, district or municipal office or po- sition for nomination of candidates for any such office or position."

The following Senate bill was read second time and recommitted:

By Mr. Smith-
A bill to authorize tihe board of medical examiners of" Georgia to grant license to licensees of medical boards of: other States without examination.

The following Senate bills were read third time:

By Mr. HarrellA bill to establish dispensaries in :Mitchell county. Report of the committee was agreed' to.
Upon the passage of the bill the ayes were 25, nays o_

FRIDAY, JULY 29., 1904.

421

The hill h'aving received the requisite constitutional majority was passed as amended. The amendment! are:
Provided that this bill shall not become operative until ratified by a majority of the qualified voters of Mitchell county at an election called for that purpose, and the same ::held under the supervision of the commissioners of that COUnty .
.By Mr. Snead-
A bill to amend section 191 of the Code.
Report of the oommittee 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 substitute.

.By Mr. HowellA bill to amend section 1497 of the Code.

Report of the committee was agreed to.

Upon the pas&age of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed. ..By Mr. Howell-
A bill to amend section 1495 of the Code. Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.
The bill having reooived the requisite constitutional majority was passed.

422

JOURNAL OF THE 8ENATE.

By Mr. HowellA bill to amend section 1492 of the Code. Report of the committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0. The bill ih'aving :received the requisite constitutional ma-
jority was passed.

By Mr. Davis-
A bill to provide for the substitution of trustees forbonds in certain cases.
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 Mr. Turner-
A bill to authorize the mayor and council of the town
of McDonough to issue $10,000 worth of bonds ro improve-
public school buildings.
Report of the committee was agreed to.
Upon the paSS>age of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Skelton-
A bill to establish the city court of Hartwell, in Hart: county.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 25, nays o_

FRIDAY, JULY 29, 1904.

423

The bill h'aving received the requisite oonstitutional majority wru; passed ru; amended, and the amendments are as follows:
Amend by substituting the following for section 6: Section 6. That the solicitor-general of the Northern Judicial Circuit shall prosecute for all offenses cognizant before said city court of Hartwell, but in his absence from said court, the judge shall have power to appoint a solic-
itor-general pt'Q tern., who shall receive tlhe same fees al-
lowed by bhis Act to bhe solicitor-general of the N orthem Judicial Court in cases conducti!d by him. The fees of the solicitor-general in said city court shall be as follows: For every cru;e prosecuted to trial or plea of guilty which originates by aoousation in said city court, and for every indictment prosecuted to trial or plea of guilty, the solicitor-general of the city court shall receive the same fees as are now received by the solicitor-general of the Northern Circuit for similar services performed by him for every cru;e for the violation of the gambling laws of this State; twenty-five dollars for representing the State in eaclt case carried to the Supreme Court from said city court; fifteen dollars to be paid him in the same manner as the solicitor-general of the N orbhem Judicial Oircuit is paid for performing similar duties in the Supreme
.Court. For all services for which this Act does not provide, he shall receive the same fees as are now allowed by
law for similar services in the superior ~
By Mr. Skelton-
A bill to aboliSih the city court of Hartwell, in Hart county.
Report of the oommittee was agreed to.
Upon the passage of the bill the ayes were 25, nays 0.

424

JouRNAL oF THE SENATE.

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

By Mr. Perry-

A bill to aniend an Act incorporating the town of Maysville, in the counties of Jackson and Banks.

Report of the committee was agreed to.

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

The bill having receivoo the requisite constitutional majority was passed.

The following Senate bills were read second time:

By Mr. Mathews-
A hill to require the Commissioner of Agriculture to establish a special department of horticulture and pomology in this State.

By Mr. Duncan-
A bill to amend the Act reducing the fees of notary public in this State.

By Mr. DavisA bill to remove the office of State Geologist from the
State Capitol io the State Univer~Sity.

By Mr. Hightower-
A bill to repeal an Act creating the city court of Early county.

This bill was recommitted.

FRIDAY, JULY 29, 1904.

425

The following House bill was read third time and put -upon its passage:

~y Mr. Duggan-.
A bill to incorporate the Shellman school district, m -Randolph county.

Report of the committee was_ agreed to.

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

T'h.e bill having received the requisite constitutional majority was passed.

The following House bills were read second time:

'By Mr. Felder-
A bill to amend an Act which authorizes the county commissioners of Bibb county to appropriate certain -amounts to the lilbrary in the city of Macon.

By Mr. McRae--
A bill to authorize the mayor and council of Yaldosta .to issue bonds to equip school buildings.

The following House bills were read first time :

By Messrs. Stovall, Cann and Harden-
A bill to regulate the salaries of the judges of the superior courts of all judicial circuits of this State having therein a city with a population of not less than 54,000, tDor more than 75,000 inhabitants.

Referred to the Special ,Judioiary Committee.

426

JouRNAL OF THE SENATE.

By Mr. Flynt and otihers-

A bill to fix the salary of the Governor of Georgia.

Referred to the Appropriations Committee.

On motion, the Senate adjourned until Monday mom-
ing at eleven o'clock.

Senate Chamber, Atlanta, Ga.,
Monday, August 1, 1904.
The Senate met pursuant to adjournment at eleveilt o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
Upon motion, the roll-call was dispensed with.
The J oumal of Friday 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 consideration the following bill of the House, which it ~nstructs. me to report back to the Senate with. the recommendation. that the same do pass:

MONDAY, AUGUST 1:, 1904.

427

A bill to regulate the salaries of the judges of the sup&rior courts ot all judicial circuits of this :State having, or may hereafter have, therein a city with a population of not less than 54,000, nor more than 75,000 inhabitants.
Respectfully submitted,
B. L. TISINGER, Chairman.

Senate Bill No. 285 was reconsidered, which bill was. passed on. Friday. This bill was ta:bled.

The :following Senate resolutions were read :first tim~:

By Mr. Hopkins-
A resolution rescinding the order to print the report o:f the committee whioh investigated the different State departments.
By Mr. SweatA resolution to provide :for a commission fixing bound-
aries and county sites :for new counties.

Referred to the General Judiciary Committee.

The :following is the minority :report :from the Agri- cultural Committee :

Minority report against the adverse report of the Sen- ate Committee on Agriculture on the substitute :for Senate Bill No. 225:

We, the undersigned members o:f said committee, :favorthe pas;;age o:f said substitute, because we believe it to befair, just and needful legislation. We do not believe that secrecy in the manu:ft~cture of commercial :fertilizers-

428

JOURNAl. OF THE SENATE.

should be permitted under the cloak o the law, or that the publication o acts will be hurtful to the manufacturers of or the consumers o commercial fertilizers. We believe that the farmers o Georgia overwhelmingly desire the passage of the substitute which has been adversely reported by a bare majority o one. "\Ye .state it as a fact, that artificial fillers used by manufacturers is largely intended to reduce a high grade, natural fertilizer material to a low grade basis, and to make up the weight o the ton, and that all natural fertilizer materials can be as easily distributed in the field without the addition o an artificial filler as with it. We believe that certain artificial fillers that are used in commercial fertilizers are -deleterious to the soil; certainly no artificial filler as used at the present time is o material value to the soil, as reported by the manufacturers themselves. That said sub.stitute does not prohibit the use o artificial fillers, but it does provide for publicity in the agricultural bulletins issued by the Department o Agriculture, the same as is now provided for the publicity o the sources from which all plant food is drawn that is used in commercial fertilizers. We believe that the only serious dbjection to said :substitute is made by the large corporations engaged in the manufacture o commercial fertilizers in this State. We contend that the General Assembly o Georgia should make laws for the benefit o the people o Georgia without reference to interstate or uniform laws for all the States, because o the wishes o large corporations who do an interstate business. For these and other reasons we oppose :the adverse report o said committee.
HARVIE JORDAN; . J. L. McLEAN, T. G. HUDSON, W. A. "\YORSHAM,
J. R. ALLEN.

MoNDAY) AuGUST 1, 1904.

429

On motion, the Senate will meet at ten o'clock A. M.,. each day.

Mr. :Mc::Michael, chairman of the Committee on the Univer.;;ity of Georgia, submitted the following report:

"Mr. President:

The Committee on the University of Georgia has had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass, to wit:

A bill to increase the number of the local board of trus-tees of the Technological School, and for other purposes.-
Respectfully submitted,
E. H. McMICHAEL,
Chairman.

Senate Bill No. 225 was made second special order for to-morrow.
The following Senate bills were taken up to be put upon. their passage :

By Mr. ParkA bill to amend the Act establishing the Prison Com-
mission of Georgia.
Report of the committee was agreed to. Upon the passage of the bill the ayes were 24, nays 1. The bill having received the requisite constitutjonal ma-jority '}'as passed.

-430

JouRNAL oF THE SE.SATE.

By Mr. Skelton-

A hill to incorporate the city of Hartwell, m Hart .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 ma jority was passed.

The following House bill was read seoond time and re-committed:

.By Mr. Richardson-
A bill to amend the Act establishing the charter for the town of Perry.

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

By Messrs. Dunbar, Calvin and MulherinA bill to amend the charter of the city of Augusta.

Report of the committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

MoNDAv, AuousT 1, 1904.

431

"By Mr. Dunbar-

A bill to provide for the registration of voters of the -ci'ty of Augusta in ~unicipal elections.
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.

House amendments to the following Senate hills were -concurred in :

By Mr. McLean-
A bill to protect the owners of live stock in Mcintosh -county.

Mr. Duncan, chairman. of the Committee on EngrOSS'ing, submitted the following report:

Mr. 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 t~ amend and codify the common school laws of Georgia.

A bill to es:tablish county dispensaries for the county of Mitchell.

A bill to make it ,a misdemeanor to bet upon any primary or other election.

432

JoURSAL OF THE 8ESATE.

A bill to abolish the municipality known as Everett, in Glynn county, Ga.

A bill to authorize the mayor and council of the townof McDonough to issue bonds for school purposes.

A bill to provide for the substitution of trustees for bonds in certain cases.

A bill to amend section 191 of the Code of 1895.

A bill to abolish the city court of Hart county.

A bill to establish the city court of Hartwell, in Hart county.

A bill to amend section 1497, volume 1 of the Code, prescribing manner of granting licenses by the Georgia State Board of Pharmacy.
A bill to amend section 1495, volume 1 of Code, providing for meetmg of the State Board of Pharmacy.

A bill to amend section 1492, volume 1 of Code, providing for appointment and qualification of members of the Georgia State Board of Pharmacy.

A bill to amend Act incorporating the town of Maysville.
Respectfully submitted,
A. B. DUNCAN, Chairman.

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

1\JONDAY, AUGUST 1, 1904.

433

Mr. President:

The General Judiciary Committee has had under con.:Sideration the following bill of the House, which I am in-structed to report back with the recommendation that it .do pass as amended:

A bill to revise the election laws of this State, and for -<>ther purposes.
Respectfully 5uhmitted, H. H. PERRY, Chairman.
The following message was received from the House of Thpresentatives through Mr. Boifeuillet, the Clerk there..of:
Mr. President:
The House has passed by the requisite constitutional -majority the following bills of the House, to wit:

A bill to amend the charter of the toWn. of Jonesboro.

A bill to fix the salary of the judge of the city court of ;Savannah.
A bill to authorize and require the commissioners of roads and revenues of Dougherty county to work the county .chain-gang upon the streets of the city of Albany.
A bill to incorporate the city of Union Point.
A bill reducing the number of county commissioners of Fayette county, and providing that the entire salary shal1 not exceed $50.00 for each member in any one year.
28 8 j

.

434

JOURNAL OF THE SENATE.

A bill to amend an Act approved February 26, 1874~. amending the road laws of the county of Bibb.

A bill tD am~nd the charter of the city of Rome.

A bill to repeal an Act approved December 21, 1898,.. incorporating the town of Sylvester.

A bill to amend an Act establishing the city court of :Macon.

A bill to amend an Act creating a new charter for the oown of Palmetto, in Campbell county.

A bill to incorporate the town of Rebecca.

A bill oo amend the charter of Austell.

A bill tD authorize the mayor and council of Canon to issue bonds for school purposes.

A bill oo create a water and light commission for the city of Carrollton.

A bill to amend. an Act establishing the city court or Waycross.

A bill creating a new charter for the oown of MineraL Bluff.

A bill amending the charter of Palmetto.

A bill oo amend an Act establishing a dispensary mt the oown of Colquitt.

A bill incorporating the oown of Toomsboro.

Mo:sDAY, AuGusT 1, 1904.

435

A bill to amend an Act incorporating the town of Colquitt.

A bill permitting the judge of the county court of J asper county, at his discretion, to draw and have summoned eighteen jurors for each regular term.

A bill to amend an Act incorporating the city of Cordele.
A bill to authorize 0. H. Sheffield and others to construct a dam across the Savannah river.
A bill to incorporate the town of Irwinton.
A bill to amend an Act incorporating the city of Cordele.
A bill to amend an Act creating the city court of Vienna.

A bill to amend an Act incorporating Pineview school district.

A bill authorizing the mayor and council of McDonough to issue bonds for school purposes.

A bill to amend an Act establishing a dispensary in Hogansville.

A bill ceding to the United States jurisdiction over certain lands in the city o Valdosta.

A bill to incorporate the town o Tiger.

A bill to amend an Act incorporating Statesboro.

436

JouRNAL OF THE SENATE.

A bill to amend an Act creating the city court of Statesboro.

A bill to amend an Act creating the city court of Statesboro by extending the powers of the judge.

A bill to amend an Act incorporating ~{etcalfe.

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

A resolution for the relief of Lester Parks.

The House has passed by the requisite constitutional majority the following Senate bill, to wit:

A bill to amend section 982 of the Code, so as to add Perry and Fort Valley to the list of State depositories.

The House has passed, as amended, by the requisite constitutional majority the following Senate bill, to wit:

A bill to protect the owners of live stock in the county of Mcintosh.

The House has concurred in the Senate amendments to the following bills of the House, to wit:
l bill to create a new board of commissioners for
Dougherty county.

A bill to amend the charter of Atlanta.

A bill creating a system of public schools in the town of )Iitehell.

MoNDAY, AuGUST 1, 1904.

437

A bill to provide for the payment of fees of officerS of court in conviction of persons worked on county chaingang of Sumter Cflunty.

The House has passed a resolution directing that House Bill No. 638, which was returned by the Governor for correction, be transmitted to the Senate so that certain corrections may be made therein.
The House has adopted the following joint House resolution, in which the concurrence of the Senate is asked, to wit:

A resolution that a joint committee be appointed to consider whether or not the General Assembly shall visit the Louisiana Purchase Exposition, and inspect the Georgia exhibit there, and for other purposes.

The following House bill was read second time : By Messrs. Stovall, Cann and Harden-:-

A bill to fix the salaries of the judges of the superior courts of all judicial circuits of this State in which there are cities of not les.~ than 54,000, nor more than 75,000 inhabitante.

The following Senate resolution was read and adopted:

By Mr. Harrell-
A resolution instructing the treasurer of the State to burn the canceled bonds of the State.

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

438

JouRNAL uF THE SE.XATE.

By Mr. Kelly-

A bill to revise the election laws of the State of Georgia.

Report of the committee. was agreed to.

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

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

Amend section 8 by adding at end thereof "The guardrail, or barrier, provided for in this Act shall be used in cases 'vhere a convenient-sized room can not be procured for the placing of books therein, according to the provisions of this Act; but where said room can be procured, the walls of said room shall be in lieu of such rail or barrier, except at the doors thereof."
Amend section 1 by adding at end thereof the words "to fill any public office, or to decide any public question."
Amend section 5.-Strike out the word "manager," in ninth line, leaving said line blank.

Amend by striking out the following words in second page of amendment: "T'he return of the vote on said question in each county shall be made to the ordinary thereof," and substituting the follosving: "The vote on said question in each county shall be separately consolidated by the election superintendent to consolidate the vote and a report of the result made to the ordinary thereof."
Committee amends by striking out all of section 22, as it stands, and substituting_ the following as section 22:



MoNDAY, AuGusT 1, 1904.

439

Section 22. This Act shall take effect and have the 'force of law as follows: After the passage of this Act the Governor of the State shall issue a proclamation and ~ause the same to be published in one or more papers in each congressional district, at least thirty days before the next general election, submitti~ to the qualified voters in each county in the State the question whether this Act :shall become the law, and shall cause said question to be so submitted at said election; and it is herein prescribed that in any proclamation or order cr notice by the Governor, or by ordinary of any oounty in pursuance of this Act, it shall be sufficient to describe and set forth this Act as "the Australian Ballot Law," without publishing the entire Act, and without further description of the same, and the question submitted shall be in form as follows: "For Australian Ballot Law," "Against Australian Ballot Law," which shall be upon the general ticket or ballot. The return of the vote on said question in each county shall be made to the ordinary thereof who, after examining the same and deciding upon all questions which may arise out of said election, shall proclaim the result by a notice to that effect in the official gazette of said county. If the lawf_ul majority in said election in any county is for the Australian Ballot Law, then the provision of this Act shall take effect and have the force of law in said county after the expiration of three months from said general election. If in any county the majority shall be against the Australian Ballot Law, the said question may again be s11bmitted to the qualified voters of said county at any subsequent general election by a similar proclamation or ~rder of the Governor upon the recommendation of two successive grand juries of such county, duly certified to
the Governor in sufficient time for the question to be so submitted; and in each cas~ it shall be sufficient that said

440

JouRNAL oF THE SENATE.

proclamation or order shall be published only in the publicgazette of said county, and the subsequent proceedings' shall be for such county as above prescribed in case of a - - - - - at the general election next after the passageof this Act.

By unanimous consent Senate Bill No. 310 was withdrawn by its author.

The following House resolution was read:

By. Mr. Dunbar-
A resolution to appoint a committee to consider whether or not the General Assembly shall visit the St. Louis Exposition.
This resolution was concurred in.

The following Senate bill was read second time and recommitted:
By Mr. Snead-
A bill to make it a misdemeanor to buy or sell votes in primary elections.

By Mr. Smith-
A bill to amend section 1486 of the Code, relative tothe practice of medicine.

Mr. Hudson, Chairman of the Committee on Pensions~
submitted the following report:
Mr. President:
The Committee on Pensions has had under consider-

MONDAY, AUGUST 1, 1904.

441'

ation the following House resolution, which it instructs' me to report with the recommendation that it do pass, to wit:

A resolution to pay pension of I. N. Taylor, of Carroll county, to his widow.
Respectfully submitted,
T. G. HUDSON, Chairman.

The following is the report of the Blind Asylum Committee:

Mr. President:

Your Committee on Blind Asylum desire to report that we have again visited that institution and find the conditions there practically the same as they were on our last visit. It is our pleasure to report that the trustees adviseus that they are confident that none of the moneys which were deposited in the Plant banks will be lost.

We can not too strenuously urge upon the General Assembly the almost absolute necessity, for reasons given in a former report, .for the passage of such legislation as. will authorize the board of trustees to dispose of the prop-erty now in use and secure a more suitabJe location.
Respectfully submitted,
W. A. WORSRAM, Chairman.

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

442

JoURNAL OF THE 8ESATE.

By Mr. Davis-

A bill to remove the office of State Geologist from the .State Capitol to the State University.

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. Perry-

A bill to amend the Act establishing the city court of .Hall county.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nay3 0.

The bill having received the requisite constitutional majority was passed.

By Mr. ::Mathews-

A bill to require the Commissioner of Agriculture to -establish a department of horticulture and pomology.
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 as amended.

Amend by striking out all of section 5.

MoNDAY, AuGUI:lT 1, 1904.

443

Amend by striking out of ;;ection 6 the words begin-ning with the words "no certificate" in the eighth line, and ending with the word "exist" in the thirteenth line, -.and by inserting therefor the words "either certificate .shall authorize the shipment of nursery stock to which it shall apply to points within this State.

Also amend section six by striking out the same words -beginning in the twenty-second line and ending in the twenty-seventh line, and inserting in lieu thereof the same words, inserting in lieu of the words first stricken out of this section.

Mr. Comas, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:

The Committee on Hygiene and Sanitation has had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass, to wit:

A bill to authorize the Board of Medical Examiners of Georgia to grant licenses to licensees of medical boards of -other States without examination, and for other purpose;;:
Respectfully submitted, P. H. COMAS, Chairman.
The following Senate Bill was read first time:

By. Messrs. Harrell and Smith-

A bill to authorize the treasurer of this State to receive ;.and deposit in his office certain validated bonds as secur-

444

JOURNAL OF THE SENATE,

ity by fire insurance companies doing business m ~is. State.

Referred to the Finance Committee.

The following House Bills were read first time:

By Mr. Spence-

A bill to amend the act establishing the city court of Waycross, in Ware county.

Referred to the Special Judiciary Committee.

By Mr. Reid-
A bill to amend the charter of the town of Palmettot in Campbell county.

Referred to the Corporations Committee.

By Mr. Wise-
A bill to reduce the number of County Commissioners. of Fayette county.

Referred to Special Judiciary Committee.

By Messrs. Field and PateA bill to amend an act incorporating the city of Cordele.

Referred to the Corporations Conimittee.

By Mr. Carswell-
A bill to incorporate the town of Irwinton, in Wilkinson county.

Referred to the Corporations Committee.

MoNDAY, AuGusT 1, 1904.

445

:By Mr. Deal-
A bill to amend an act incorporating the city court of .Statesboro.

Referred to the Special Judiciary Committee.

By Mr. Bush-
A bill to amend section 2 of an act establishing a dispensary in Colquitt county.

Referred to the Temperance Committee.

:By Mr. :McHenryA bill to amend the charter of the city of Rome. Referred to the Corporations Committee.

By Mr. Bush-
A bill to amend the act incorporating the town of Col-quitt-
Referred to the Corporations Committee.

By Messrs. Hawes and :MartinA bill to authorize 0. H. Sheffield to construct a dam
.across the Savannah river.
Referred to General Judiciary Committee.

:By Mr. DavisonA bill to incorporate the city of Union Point. Referred to the Corporations Committee.

446

JouRNAL oF THE SE~ATE.

By :Mr. Carswell-

A bill to incorporate the town of Toomsboro, in Wilk-. inson county.

Referred to the Corporations Committe".

By Messrs. Pate and Fields-A bill to amend the act creating the city of Cordele.

Referred to the Corporations Committee.

By Messrs. Hixon and Steed-
A bill to create a water and light commission for thecity of Carrollton.

Referred to the Corporations Committee.

By Mr. Alford-

A bill to repeal an act approved December 21, 1898,. incorporating the town of Sylvester.

Referred to the Corporations Committee.

By Mr. Preston-
A bill to permit the judge of the county court of Jasper county, at his discretion, to draw or have summoned, 18;. jurors and to provide for the number of strikes.
Referred to the Special Judiciary Committee.

MoNDAY, AuGusT 1, 1904.

44T

By Mr. Grice--

A bill to amend the act incorporating the Pineview school district.

Referred to the Education Committee.

By Mr. Redwine--

A bill to authorize the mayor and council of McDon-ough to issue bonds for school purposes.

Referred to the Special Judiciary Committee.

By Messrs. McRea and West-
A bill to cede to the United States jurisdiction over certain lands in the city of Valdosta.

Referred to the General Judiciary Committee.

By Messrs. Ridley and Dozier-

A bill to amend the act establishing a dispensary in the town of Hogansville.

Referred to the Temperance Committee.

By Mr. Dick-
A bill to incorporate the town of Tiger, in Rabunl county.
Referred to the Corporations Committee.

448

JouRNAL OF THE SENATE.-

:By Mr. Mitchell-

A bill to amend the act incorporating the town of Met-calf, in Thomas county.

Referred to the Corporations Committee.

"By 1\fr. MorrisA bill to amend the charter of the town of Austell. Referred to the Corporations Committee.

By Mr. Burton-
A bill to authorize the mayor and council of Canon to issue bonds.

Referred to the Education Committee.

:By Mr. Grice-
A bill to incorporate the town of Rebecca, m Wilcox -county.

Referred to the Corporations Committee.

By Mr. Jones-

A bill to authorize and require the Board of County

Commissioners of Dougherty county to work the convicts

upon the streets of Albany.



Referred to the Special Judiciary Committee.

MoNDAY, AuousT 1, 1904.

449

::By Mr. Fields--
A bill to amend the act creating the city court of Vienna, -.so as to elect the judge and solicitor by the people.

Referred to Special Judiciary Committee.

]3y Mr. ReidA bill to create a new charter for the town of Pal-
metto.
Referred to the Corporations Committee.

_By }fr. DealA bill to amend an act incorporating the city ofStates-
Jx>ro.
Referred to the Corporations Oommittee.

By Messrs. Stovall, Cann and HardenA bill to fix the salary of the judge of the city court
~f Savannah.
Referred to the Special Judiciary Committee.

:By Mr. DavisA bill to create a new charater for the town of Mineral
Bluff, in Fannin count~.
Referred to the Corporations Committee.

.Ey Messrs. Kilburn, Hall and Felder-
A bill to amend the act.amending the road laws of Bibb .eounty.
Referred to the Agricultural Committee.
29 8 j

450

JouRNAL OF THE SENAT&

By Mr. MitchamA bill to amend the charter of the town of Jonesboro~-

Referred to the Corporations Committee.
By Mr. Felder-
A bill to amend the act establishing the city court of Macon.

Referred to the Special Judiciary Committee.
By Mr. Deal-

A bill to amend the act creating the city court of Statesboro.
''
Referred to the Special Judiciary Committee.
The following House resolution was read :first time:

By Mr. Roper-
A resolution for the relief of Lester Parks, W. H_ Gooch and Virgil Parks as principal and surety on the- bond of Lester Parks.

Referred to the Special Judiciary Committee.

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

By :Messrs. Leigh and }foses-.
A bill to authorize the Board of Commissioners or R.oads and Revenues to pay to the officers of the superior-

MoNDAY, AuGUST I, 1904.

451

court of Coweta county C<>mpensation for misdemeanor convicts.

Report of the cDmmittee 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. Mills~ A bill to amend the charter of the town of Canton.

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 as amended.

By inserting the word "trust" after the word "the" and before leased "regular_'' in the fourth line of section 2; also, by striking out the words "on the" in the fifth line of said section and inserting the words "in June of each year" in said line of said section;

Also amend section 8 by inserting the word "first'' after the word "the" and betore the word "day" in the seventeenth line of said section, and by inserting the word "November" at the end of said line of B3:id section.
Senator Christie was granted leave of absence for Monday and Tuesday.
On motion the Senate adjourned until to-morrow morning at 10 o'cloek.

452

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia,
Tuesday, August 2, 1904.
The Senate met pursuant to adjournment at 10 o'clock. Was called to order by the President.
Prayer was offered by the Chaplain.
lTpon motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
The following message was received from the House of . Representatives through ::M:r. Boifeuillet, the Clerk thereof:
Mr. PreMent:
The House has passed by the requisite constitutional majority the following bills of the Rouse, to wit:
A bill to provide for the compensation of Commissioners of Roads and Revenues in all counties having a population of 75,000 or more.

A bill to amend an Act establishing the city court of Buford.
A bill to create a Board of Health for the village of Summerville in Richmond county.
A bill to amend an Act to authorize the e3tabliahment and maintenance of a system of sewerage and drainage in and around the city of Waycross.

TUESDAY, AUGUST 2, 1904.

453

A bill to amend an Act authorizing the city o West Point to organize a public school systeni.
A bill to amend the Acts relating to Commissioners of Roads and Revenues or Wilcox county.
~bill to incorporate the town o Winterville.
A bill to create a Board o Commissioners o Roads anJ Revenues for Worth county.
A bill to amend an Act incorporating the trustees of Oconee Hill Cemetery.
A bill to amend an Act incorporating the town o Quitman_

A bill to repeal an Act establishing county courts in each of the counties o Georgia in so far as the same applies to Brooks county.
A bill to combine the offices o ordinary and county judge o Wilkinson county.

A bill to incorporate the town o McCaysville.
A bill to amend an Act incorporating the town o Col- quitt.
A bill to establish a Board o County Commissioners or Dooly county.

A bill to amend an Act establishing a State N o:rinal School as a branch o the University.

The special order or to-day was displaced and made special order for to-morrow.

454

JouR~AL oF THE SE~ATE.

The fdlowiug s~n::tte !'C59lutio:t was reaJ second time and recommitted:-

By :Mr. Snead-
A resolution providing for a commission to fix boundaries and county sites for the new counties.

By Messrs. Harrell and Smith-
A bill to authorize the Treasurer of the State to receive and deposit in his office certain bonds as surety by fire insurance companies.

The following House resolution was read second time:

By :Messrs. Steed and Hixon-

A resolution to pay pension of I. N. Taylor, of Carroll county, to his widow.

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

]Jfr. 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 as amended:

A bill to be entitled an Act making it a misdemeanor for any person to buy or sell a vote in any primary election.
Respectfully submitted. H. H. PERRY, Chairman.

TUESDAY, AUGUST 2, 1904.

455

Mr. Duncan, chairman of the Committee on Engrossing, submitted the following report:.
Mr. President:
The Committee on Engrossing has examined the following Senate bills and resolution, which it :finds correctly -engrossed and ready for transmission to the House, to wit:
A bill to amend an Act requiring the Commissioner of Agriculture to establish a special department of horticul-ture and pomology.
A bill to amend section 3 of an Act amendin~ the Act to create a Prison Commission for Georgia.

A bill to amend an Act to create a city court in the eounty of Hall.

A bill to incorporate the city of Hartwell.

A bill to remove the office of State Geologist from the -capitol to the site of the University of Georgia.

A resolution to destroy certain canceled bunds and cou-

.

.I

pons, which have been paid, by burning.

Respectfully submitted.

A. B. DUNCAN, Chairman.

The following Senate bills were read third time and pu~ -upon their passage:
J3y Mr. HopkinsA bill to amend seetion 826 of the Code.

This bill was tabled.

456

JOURNAL OF THE !SENATE,

By Mr. Clements-

A bill to make it unlawful for a person to appear onrailroad trains or street-cars in an intoxicated condition.

Report of the committee was agreed to.

Upon the passage of the bill the ayes wel"e 25, nays 2..

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

Amendments are as follows :

Amend by adding before the word "any" in the sixth line the words: "Outside the limits of an incorporated town or city."

Add at the end of section 1: "The word 'disorderly,' as used in this Act, shall mean any conduct tending to disturb or annoy any person or persons near to tbe intoxicated person."

Amend by inserting after the word "intoxicated" the words: "and disorderly,'' in the fourth. line.

Amend by adding section 2 to said bill, and said section. shall read: "That the provisions of the bill shall not applyto incorporated towns."
Amend section 1 by inserting after the word "passenger" the words: "or on any public road or street or in an~r other public place in said State."
Amendment: Strike out the words, "or appear in any manner."

TUESDAY, AUGUST 2, 190!.

467

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 billa, which I am instructe.-"U to report to the Senate, with the recommendation that the same do pass :

House bill 818, to fix salary of the judge of the city eourt of Savannah, etc.

House bill 1064, reducing the number of county com-. missioners of Fayette county, and fixing their salaries.

House bill 1075, to amend an Act to estdblish the city court o Macon.

House bill 1085, to amend an Act eatablishing the city

court o Waycrofls.

'~'

House bill1103, to permit the judge of the county court of Jasper county to draw and have summoned eighteen. jurors, to provide for the number of strikes, etc.

House bill1107, to amend an Act creating the city court of Vienna, so as to elect judge and solicitor of same by the people.

House bill 1110, to authorize the mayor and council of McDonough to issue bonds for school purposes.

House bill1137, to amend Act creating the city court cf Statesboro, so as to make causes assignable to monthly ses-

-458

JOURNAL OF THE SENATE.

-sions o said court returnable to and stand or trial at quar.terly sessions.

House bill 1138, to amend Act creating the city c0nrt o Statesboro, extending the powers and dutic;; o the judge .u said court.

Respectfully submitted,

B. L. TISINGElt, Chairman.

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

._- _-r. President:

The Committee on Constitutional Amendments has bad under consideration the following House bill which it in'structs me to report with the recommendation that it do _pa8s by substitute, to wit:
A bill to amend article 5, section 1, paragraph 8, of the Constitution providing for the succession to the office of ;Governor.
Respectfully submitted,
H. H. PERRY, Chairman.

Atlanta, Georgia, August 2, 1904.
The following message was received from his Excellfmcy the Governor th'rough his Secretary, Mr. Blackburn:
_,_lfr. President.I am directed by his Excellency th~ Governor, to deliver

'J'U:ES~AY, AUGUST 2, 1904.

459

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

House bill No. 975 was taken from the Corporation .Committee and committed to the Special Judiciary Committee.

The following Senate bill was taken from the table and ,put upon its passage :

By Mr. Jordan-
A bill to provide a remedy for the recovery of county taxes w~ich have been collected by counties who are not -entitled to collect the same.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 4.

The bill ha\ing received the requisite constitutional maiority was passed as amended.

Amend by striking out of section 1 all the following language immediately after the enacting clause: "In .all cases whether before or since the passage of this Act in which,'' and inserting in lieu thereof, the words: '~That from and after the passage of this Act, in all cases that .may hereafter arise.''
Also by striking out the words "have been" in the third line of section I, and inserting in lieu thereof the words, "shall be."

The following House bill was read second time and re-committed :

460

JouRNAL OF THE SENATE.

By Mr. Bush-
A. bill to amend section 2 of an Act establishing the dispensary in the town of Colquitt.

The following House bill was read third time and pnt upon its passage :

By Mr. Wooten-
A bill to amend article 5, section 1, paragraph 8, of theConstitution.

Report of the Committee was agreed to.

Upon the paseage of the- bill, this being a constitutional amendment, the ayes and nays were ordered and the vote is. as follows:

Those voting in the affirmative were Messrs.-

Allen, Clements, Comas, Crumbley, Davis, Duncan, of 10th, Duncan, of 36th, Golden, Harre_ll, Hightower, Hopkins, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, Merritt, . Middlebrooks, Moore, Perry,

Reid, Skelton, Smith, Snead, Stevens, Sweat, Symons, Tisinger, Turner, Van Buren, Worsham,
..........

Those not voting were Messrs.-

Atkinson, Christie, Clark,

McMichael, Park, Starr,

Taylor, Williams, Mr. President.

Ayes 33, nays 0.

TuESDAY, AuGusT 2, 1904.

461

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

The following Senate bill was read first time:

By Mr. Moore-
A bill to increase the number of terms of the Superior <Jourt of Chatham county.

Referred to th~ Sp~cial Judiciary Committee.

The fo1lowing Senate bills were read third time to be -put upon their passage :

By Mr. Smith-
A bill to authorize the Board of Medical Examiners of Georgia to grant license to licensees of medical boards of -other States without examination.

Report of the C'.ommittee 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. Snead-
A bill to make it a misdemeanor for any person to buy -or sell a vote in primary electione.
.
Report of the committee was agteed to.

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

462

JoURNAL OF THE SENATE.

The bill having received the requisite constitutiona) majority was passed as amended.

Amend by adding the following :
Sec. 2. In case of any prosecution under this Act any party participating in any violation of the provisions of the same shall be both competent and compellable to testify except when he himself is upon trial as is no:w pro- vided in prosecution for violation of gaming laws.
Also, amends by inserting after the word "be" in 5th line of 1st section the words "for nominees."
Also, amends by inserting after the word "~.nd" in 7th line of 1st section the words "upon conviction shall be.',.

By Mr. Howell, by request-
A bill to increase the number of local board of Trustees. of the Technological school.
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 constitutio!Jal ma-jority was passed.

By :Mr. PerryA bill to amend section 4102 of the Code.

Report of the Committee was agreed to.

Upon the passage or the bill the ayes were 23, nay-50.

The bill having recei \etl the requi:;ite cunstitntional ma- jority was passet!.

TUESDAY, AUGUST 2, Hl04. By Mr. Duncan-

463~

A bill to amend the Act to reduce the fees of Notaries. Public in this State.
Report of the committee was agreed to.
Upon the passage of the bill the ayes were 23, nays 0.
The bill having receivP.d the requisite constitutional me-. jority was passed.

By Mr. PerryA bill to amend section 5321 of the Code.

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.
The following Senate bills were read first time :
By Messrs. McLean and Moore-
A bill. to require Commission Merchants of this State dealing in certain articles to give name of purchaser to the owner.

Referred to the Agricultural Committee.
The following Senate bill was read eecond time and tecommitted.

464

JOURNAL OF THE SENATE.

By Mr. Hopkins-

A bill to amend section 650 of the Code.

Senate bill No. 306 was tabled.

Mr. :Middlebrooks, Chairman of the Committee on Corporations, submitted the following report :

.Mr. President:
The Committee on Corporations has had under consid-eration the following House bill, which it instructs me to report with the recommendation that it do pass as .amended, to wit:
A bill to authorize the city of Thomasville to buy or build electric lighting plant.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairman:

Mr. Middlebrooks; Chairman of the Committee on Corporatkns, submitted the following report :

Mr. President:
The Committee on Corporations has had under consid~ration the following House bills, which it instructs me to report with the recommendation that they do pass, to wit :

A bill to incorporate the town of Tiger. A hill to amend charter of Cordele.

A bill to amend charter of Rome.

TUESDAY, AUGUST 2, 1904.

465

A bill to create a commission for water and 1light for city of Carrollton.

A bill to amend charter of Palmetto.

A bill to incorporate Irwinton.

A bill to incorporate Toomsboro.

A bill to amend charter of Palmetto.

A bill to amend the charter of Cordele.

:A bill to repeal the Act incorporating the town of Sylvester.

A bill to amend charter of Statesboro.

A bill to amend the charter of Metcalfe.

A bill to amend the charter of Austell.

A bill to amend the charter of Perry.

A bill to incorporate the town of Rebecca.

A bill to amend the charter of Jonesboro.

A bill to incorporate the city of Union Point.

The Committee has also considered the following House bill, which it instructs me to report with the recommeDdation that it do pass as amended, to wit :

A bill to create a new charter for the city of Marietta. Respectfully submitted. L. L. MIDDLEBROOKS, Chairman.
30 8 j

466

JOURNAL OF THE SENATE.

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 to report with the recommendation that they do pass, to wit:

A bill to amend Act incorporating Pineview School _District.

A bill to authorize Mayor and Council of Canon to is!lue bonds for school purposes.
Respectfully submitted,
M. L. LEDFORD, Chairman.

The following House bills were read first time :

By Messrs. Flanigan and PateA bill to amend the Act establishing the city court of
Buford.
Referred to the Special Judiciary Committee.

By Mr. ShackelfordA bill to amend an Act to incorporate the Trustees of
Oconee Hill Cemetery.
Referred to the Corporations Committee.

TuESDAY, AUGUST 2, 1904.

467

.By Mr. Davison-

A bill to amend an Act to establish, organize and maintain a State Normal School as the branch of the University.

Referred .to the Educational Committee

..By Mr. Bowen-
A bill to amend the Acts relating to Commissioners of Roads and Revenues for Wilcox county.

'Referred to Special Judiciary Committee

.:By Mr. Calvin-
A bill to create a board of health for the village of .Summerville in Richmond county.

Referred to the Hygiene and Sanitation Committee.

By Mr. Spence-
A bill to amend the Act authorizing the establishment -of a system of sewerage and drainage for Waycross.

Referred to the Special Judiciary Committee.

By Mr. Bueh-

A bill to amend the Act incorporating the town of Col-quitt in Miller county.
Referred to the Corporations Committee.

468

JOURNAL OF THE SENATE.

By Mr. Gaulden-"

A bill to repeal the Act establishing the county court of Brooks county.

Referred to the Special Judiciary Committee.

By Mr. Gaulden-
A bill to amend the Act incorporating the town of Quitman, in Brooks county.
Referred to the Corporations Committee.
By Mr. Carswell-
A bill to combine the office of Ordinary and County Judge in Wilkinson county.

Referred to the Special Judiciary Committee.

By Mr. Blackburn--
A bill to provide compensation for Commissioners of Roads and Revenues in counties having a population of 75,000 or more.
Referred to the Special Judiciary Committee.

By Mr. Shackelford-
A bill to incorporate the town of Wintervil1e in the counties of Clarke and Oglethorpe.
Referred to the Corporations Committee.

TUESDAY, AUGUST 2, 1904.

469

By Mr. Alford-
A bill to create and establish a Board of Commissioners ()f Roads and Revenues for Worth county.

Referred to the Corporations Committee.

By Messrs. Bruce and Wellborn-
A bill to incorporate the town of McCaysville in Fannin county.

Referred to the Corporations Committee.

By Mr. Ridley-
A bill to authorize the city of West Point to establish a public school system.

Referred to the Education Committee.

By Messrs. Pate and Fields-
4.. bill to establish a Board of County Commissioners for Dooly county.
Referred to the Special Judiciary Committee.

The following message was received from the House of Representatives through Mr. Boiteuillet, the Clerk thereof:

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

A resolution inviting General Fitzhugh Lee and Ron. John Goode to addreBE! the General Assembly on the Jamestown Exposition of 1907.

470

JOURNAL OJ!' THE 8ENA.T&

The fol~owing Senate bills were read first time :

By Mr. DuncanA bill to repeal section 1262 of the Code.

Referred to the Pensions Committee.

By Mr. DuncanA bill to amend section 1254 of the Code.

Referred to the Pensions Committee.

The following Senate bill was read third time and put. upon its passage :

By Mr. Jordan-
A bill to amend section 1791 so as to change the salary of the Clerk of the Commissioner of .Agriculture.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

The following House bills were read second time :

By Mr. MorrisA bill to create a new charter for the city of Marietta.

By Mr. Redwine-
A bill to authorize the Mayor and Council of McDonough to it~sue bonds.

TuESDAY, AUGUST 2, 1904.

471

By Mr. Alford-

A bill to repeal an Act incorporating the town of Sylvester.

By Mr. Grice-

A bill to incorporate the town of Rebecca in Wilcox county.

By Mr. Carswell-
A bill to incorporate the town of Irwinton in Wilkinson county.

By Mr. Carswell-

A bill to incorporate the town of Toomsboro in Wilkinson county.

By Mr. Deal-

A bill to amend the Act creating the City Court of Statesboro.

By Mr. Burton-

A bill to authorize the Mayor and Oouncil of Canon.to issue bonds.

By Mr. Dick-

A bill to incorporate the town of Tiger in Rabun county.

By Mr. Deal-

A bill to amend the Act creating the City Court of Statesboro.

472

~OUBNAL Oli' THE SENATE.

By Mr. Preston-

A bill to permit the Judge of the County Court ot Jasper county to draw and have summoned 18 jurors.

By Mr. Spence-

A bill to amend the Act establishing the City Court of Waycross.

By Mr. Fields-

A bill to amend the Act creating the City Court. of Vienna.

By Mr. MitchamA bill to amend the charter of the town of Jonesboro.

By Mr. McHenryA bill to amend the charter of the city of Rome.

By Mr. ReidA bill to amend the charter of the town of Palmetto.
~y Messrs. Pate and FieldsA bill to amend the Act creating the city of Cordele

By Mr. Reid A bill to create a new charter for the town of Palmetto

By Mr. Wise-
A bill to reduce the number of County Commissioners of Fayette county.

TUESD4Y, AUGUST 2, 1904..

473

By Messrs. Stovall, Cann and Harden-

A bill to fi~ the salary of the Judge of the City Court of Savannah.

By Mr. Grice-
A bill to amend the Act incorporating the Pineview School District..

By Mr. Bush-
A bill to amend the Act incorporating the town of Colquitt.
By Messrs. Field and Pate--
A bill to amend tte Act incorporating the city of Cordele.

By Messrs. Hixon and SteedA bill to create a water and light commission for the
city of Carrollton.
By Messrs. Flynt, Carswell and othersA bill to fix the salary o( the Governor of Georgia.

By Mr. MorrisA bill to amend the charter of the town of Austell

By Mr. Mitchell-
A bill to amend the Act incorporating the town of Met.calfe.

474

JOURNAL OF THE SENATE.

By Mr. Davison-

A bill to incorporate the city of Union Point.

By Mr. Deal-
A bill to amend the Act incorporating the city of Statesboro.

By Mr. Felder-

A bill to amend the Act establishing the City Court ot Macon.

The following House resolution was read and concurred in.

By Mr. Calvin-
A resolution inviting Gen. Fitzhugh Lee and Hon. Jno~ Goode to address the General Assembly.

The following House bills were read third time and put upon their passage.

By Mr. Mitchell-
A bill to confer upon the city of Thomasville the authority to buy or build and equip an electric lighting plant.

Report ot the Committee was agreed to.

Upon the pa&lllge of the bill the ayes were 25, nays o~

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

TUESDAY, AUGUST 2, 1904.

476

Amend by adding at the end of section 1 the following: "And to contract with any person, persons, firm or corporation for the furnishing of electric lights, electricpower and all other purposes for which electricity generated , by such plants are now or may hereafter be used for use in streets, roads, buildings in and on contiguous territory t() said city of Thomasville.

Amend section 3 by striking the word "elect" in the fourth line and inserting instead the word "employ,'' also by striking from said section 3 all of the last three lines.

Amend caption by inserting after the word "city" and before the word "and" in line seven the words "and contiguous territory thereto.''

By Messrs. Alexander and Grenade--

A bill to incorporate the Danburg School District m Wilkes county.

Report of the Committee was agreed to.

Upon the pasgage of the bill the ayes were 24, nays 1.

The bill having received the requisite constitutional majority was passed.

By Mr. Walker-
A bill to regulate the running of automobiles and other similar machinein Monroe county.

Report of the Committee was agreed to.

Upon the passage ot the bill the ayes and nays were ordered and the vote was as follows :

476

JOURNA.L OJ' THE SENATE.

Those voting in the affirmative were Messrs.-

Allen, Clements, Crumbley, Davis, Duncan, of 10th, Duncan, of 36th, Golden, Harrell, Hudson,

Lee, Ledford, Lewis, Mathews, McLean, Merritt, Moore, Reid, Skelton,

Smith, Snead, Stevens, Sweat, Symons, Turner, Van Buren, Worsham,

Those voting in the negative were Messrs.-

Hopkins,

Perry,

Those not voting were Messrs.-

Atkinson, Christie, Clark, Comas, HightOIWer,

Jordan, McClure, McMichael, Middlebrooks, Park,

Ayes 27, nays 2.

Starr, Taylor, Tisinger, Williams, Mr. President.

The bill having received the requisite constitutional majority was passed.
By Messrs. Mayson and Candler-

A bill to repeal the Act creating the .Board of Roads and Revenues for DeKalb 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.

TUESDAY, AUGUST 2, 1904.

477

By Mr. Arnold-
A bill to abolish the Board of County Commissioners of Oglethorpe county.

Report of the Committee was agreed to. Upon the pasBBge of the bill the ayes were 27, nays 0.

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

Amend section 1 by striking the words and figures 17th day of October, 1904, in the 4th and 5th lines of said section and inserting in lieu thereof 1st day of January, 1904.

By Mr. Arnold-
A bill to create the office of Commissioner of Roads and Revenues for Oglethorpe 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 as amended.

Amend section 9 by striking all after the word " the" in the 5th line and substituting the words January 1, 1905.

The following House resolutions were read third time and put upon their passage :

By Mr. Reid-
A resolution to authorize the Governor to borrow money to supply casual deficiencies.

Report of the committee was agreed to.

478

JOURNAL OF THE 1:3ENATE.

Upon the passage of the resolution the ayes were 26, nays 0.
The resolution having received the requisite constitutional majority was passed.

.By Mr. Howell-
A resolution for the relief of P. P. Evans of MP.riwether c:lounty.

Report of the committee was agreed to.

Upon the passage of the resolution the a~es were 26, nays 0.

The resolution having received the requisite constituiional majority was passed.

Senator Middlebrooks was granted leave of absence for .to-morrow.

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

Senate Chamber, Atlanta, Ga., Wednesday, August 3, 1904.
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:swered to their names :

WEDSESDAY, AuGUST 3, 1904.

479

Allen, Atkinson, Christie, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

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

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

Those absent were Messrs.-

Middlebrooks,

The Journal of yesterday was read and approved.

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

Mr. President:
The House has concurred in the following resolution of the Senate, to wit :
A resolution to destroy by burning certain cancelled bonds and coupons which have been paid.

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

A bill to amend the Act establishing dispensaries in Ter rell county.
The House has passed by the requisite constitutional ma-

480

, JOURNAL OF THE SENATE.

jority the following bills and resolutions of the House, towit:

A bill to incorporate Swainsboro school district.

A bill to amend the Act to incorporate the town of Reidsville.

A bill to amend an Act authorizing any city in this State to appropriate money for the purpose of maintaining a public library or assisting in maintaining a public library.

A resolution to pay the pension of Mary E. Mize to her son, Thomas N. Mize.

A resolution to pay pension of Sarah Blackman, now of Harris county, and for other purposes.

A resolution to pay the pension of A. J. Hobbs, of Taylor county, and for other purposes.

A resolution to -make an appropriation of $4,000 witb which to complete the third story of the dormitory of the State Industrial College near Savannah.

A bill to establish the city court of Jonesboro.

A bill to reincorporate the town of Reidsville.
A bill to make appropriations for the ordinary exi>enses of the Executive, Legislative and Judicial departments of the government; payment of the public debt and interest thereon, and for other purposes.
Mr. Duncan, Chairman of the Committee on Engrossing, submitted the following report :

WEDNESDAY, AUGUST 3, 1904.

481

Mr. President:

The Committee on Engrossing report as correctly engrossed and ready for transmission io the House the following Senate bills, to wit :

A bill to make it a misdemeanor to be intoxicated and disorderly on railroad or other coaches.

A bill to provide a remedy for the recovery of county taxes paid a county not entitled.

A bill to amend section 1791 of Code changing salary of clerk of Commissioner of Agriculture.
A bill to make it a misdemeanor to buy or sell a vote in primary elections.

A bill to amend section 5321, volume 2 of the Code of 1895.

A bill to increasP. the number of the local board of trustees of the Technological School.

A bill to amend section 4102, volume 2 of Code.

A bill to authorize the Board of Medical Examiners of Georgia to grant licenses to licensees of medical boards of other States without examination.

A bill to regulate the protest fees of. notaries public and other officers.
Respectfully submitted,
A. B. DUNCAN, Chairman.

4S2

JouRNAL oF THE SENATE.

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

Mr. President:
The House has non-concurred in the Senate substitute for the following bill of the House to wit :

A bill to propose an amendment to article 5, section 1, paragraph 8 of the Constitution of the State, providing for the succession to the office of Governor.

The following Senate bill was read first time :

By Mr. HarrellA bill to amend the charter of the town of Camilla.

Referred to the Corporations Committee.

The following spec.ial order was taken up :

By Mr.Jordan-
A bill to amend section 2 of an Act regulating the inspection and sale of commercial fertilizers in this State.

The report of the CommitteP. was adverse to the passage of the bill.

On agreeing to the report of the Committee the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Crumbley, Duncan, of 36th,
Harrell,

Hopkins, Park, Reid, Smith, Snead, Stevens,

Sweat, Symons, Turner, Van Buren, Williams,

WEDNESDAY, AUGUST 3, 1904.

483

Those voting in the negative were Messrs.-

Allen, <Clements, Comas, Duncan, of xoth, -Golden, Hightower, Hudson,

Jordan, Ledford, Lewis, McClure, McLean, McMichael,

Merritt, Moore, Perry, Starr, Tisinger, Worsham,

Those not voting were Messrs.-

Davis, Lee, .Mathews,

Middlebrooks, Skelton,

Ayes 17, nays 19.

Taylor, Mr. Prc:ident..

The report of the Committee was disagreed to.

On the adoption of the substitute offered by Mr. Jordau the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

.Allen, "Clements, Comas, Duncan, of Ioth, Golden, Hightower,

Hudson, Jordan, Ledford, Lewis, McClure, McLean,

McMichael, Merritt, Perry, Starr, Tisinger, Worsham,

Those voting in the negative were Messrs.-

Atkinson, Christie, Clark, Crumbley, Davis, Duncan, of 36th, 'Harrell,

Hopkins, Mathews, Moore, Park, Smith, Snead,
r.

Stevens. Sweat. Symons. Turner. Yan Bun.. \\'illi:om5.
-.

484

JOURNAL OF THE SENATE.

Thoee not voting were Messrs.-

Lee, Middlebrooks,

Reid, Skelton,

Ayes 18, nays 19.

The substitute was lost.

Taylor, Mr. President

The following House bill was taken up with Senate substitute in which the House re(uses to concur:

By Mr. Wooten-
A bill to amend article 5, section 1, paragraph 8 of the Constitution relative to successors to the Governor.
Mr. Mathews moved that the Senate refuse to recede from its amendment, which motion prevailed.
The following Senate bill was read first time:

By Mr. Skelton-
A bill to increase the salary of the clerk of the Prison Commission.

Referred to the Appropriations Committee. The followin'g resolutions were read fir~t time:

By Mr. Christie-
A resolution for the relief of H. 0. Thornton of Terrell county.
Referred to the Appropriations Committee.

W EDNESDA.Y1 AUGUST 31 1904.

485

By Mr. Atkinson-

A resolution requesting the Governor to return House Bill No. I 034 to the Senate.

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

The General Judiciary Committee has had under conf!ideration the following Senate resolution, which I am instructed to report back with the recommendation that it <lo pass.

A resolution to provide for creation of commission fixing boundaries and county sites for new counties.

Also, that the following bill of the House do pass by sub-stitute as amended.

A bill to provide for the assessment of property of corporations which are required by law to make returns to the Comptroller-General of this State.
R~spectfully submitted, H. H. PERRY, Chairman.

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

Mr. President:
The Finance Committee has had under consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass as amended, to wit :

486

JouRNAL oF THE SENATE.

A bill to authorize the Treasurer of this State to receiveand deposit in his office certain validated and registered bonds as surety by Fire Insurance, Assessment, Fidelity and Surety Companies doing business in this State.
Respectfully submitted,
WM.H. DAVIS, Chairman.

Mr. Tisinger, Chairman of the Special Judiciary Committee, submitted the following repo~t :

Mr. President:
The Special Judiciary Committee bas bad under consideration the following Senate bill, which I am instructed to report to the Senate with the recommendation that the samedo pass:

Senate Bill No. 317-To increase the number of terms of the Superior Court of Chatham county, Ga.

Also, the following House bills, which I am instructed to report with the recommendation that the same do pass:

House Bill No. 828-To establish a Board of County - - - Commissioners for Dooly county.
House Bill No. 1020-To authorize and require theCounty Commissioners of Dougherty county to work the county cbaingang upon the streets of the city of Albany for a specified time, etc.

House Bill No. 1134-To combine the office of ordinary and county judge of Wilkinson county.
Respectfully submitted, B. L. TISINGER, Chairman.

WEDNESDAY, AUGUST 3, 1904.

487

Mr. Symons, Acting 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, to wit :

A bill to amend the charter of the town of Colquitt, and for other purposes.
Respectfully submitted,
W. F. SYMONS, Chairman.

The following Senate bill was read first time:

By Mr. Duncan-
. A bill to repeal the .Act creating the county court of Worth county.
Referred to the Special Judiciary Committee.

The following Senate bill was read second time:

By Mr. Duncan-

A bill to repeal section 1262 of the Code.

By Mr. Duncan-

A bill to amend section 1254 of the Code.

The following House bills were read first time:

488

Jou~AL OF THE SENATE.

By Mr. Mann-
A bill to amend the Act incorporating the town of Reidsville.

Referred to the Corporations Committee.

By Mr. Davis-

A bill to make appropriations for the ordinary expenses of the State Government for the year 1905.

Referred to the Appropriations Committee.

By Mr. Daniel-

A bill to incor_porate the Swainsboro school district.

Referred to the Educational Committee.

By Mr. Evans-
A bill to amend the several Acts incorporating Riddleville.

Referred to the Corporations Committee.

By Mr. Hardin-
A bill to authorize any city of this State to appropriate money for library purposes.

Referred to the Educational Committee.

By Mr. Mitcham-

A bill to establish the city court of Jonesboro.

Referred to the Special Judiciary Committee.

WEDNESDAY, AUGUST 3, 1904.

489

By Mr. Bell-

A resolution to pay pension. of Mary E. Mize to her son.

Referred to the Pensions Committee.

By Mr. StanfordA. rE-solution to pay pension of Sarah Blackman.

Referred to the Pensions Committee.

By Messrs. Tigner and St~ed-
A resolution to pay pension of A. J. Hobbs, of Taylor eounty.

Referred to the Pensions Committee.

.By Mr. Rogers-
A resolution to make appropriation of $4,000 to complete the dormitory of the Industrial College at Savannah.

Referred to the Appropriations Committee.

The following Senate bill was read second time :

By Mr. Moore-
A bill to increase the number of terms of Chatham eounty.

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

By Messrs. Harrell and SmithA bill to authorize the Treasurer of the State to receive

490

JOURNAL OF THE SENATE.

and deposit in his office certain validated bonds as surety by Fire Insurance Companies.

Report of the committee was agreed to.

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

The bill having received the requisite constitutional majority, was paesed as amended.

Amendments are by striking the word five in line twelveand inserting three.

By Mr. Duncan-
A bill to prescribe the time in which checks, drafts and~ other papers may be protested.

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 forty-eight where it occurs in section one and substituting twenty-four; also amend by strikingthe word four in the eleventh line of section one and substituting six.

By Mr. Sweat-
A resolution to provide for the creation of a commis~ioo fixing boundaries and county sites for the new counties.
Report of the Committee was agreed to.

WEDNESDAY, Auou~T 3, 1904.

491

Upon the passage of the resolution 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. Boifeuillet, the Clerk of the same:

Mr. President:
The House insists on its non-concurrence in the Senatesubstitute for the following House bill, to wit:

A bill to propose an amendment to article five, section one, paragraph eight of the Constitution of the State,. and asks that a conference committee be appointed.

The House appoints on said committee Messrs. Wooten,. Reid and Hawes.

The Committee on Agriculture have instructed me as their chairman, to make the following report on the following House bill, that the same do pass, to wit :
A bill to amend an Act approved February ~6, 1874,. amending the road laws of the county of Bibb, and for other purposes.

And the following Senate bil1, which the committee instruct me to report that the same do pass as amended :

An Act to require all commission merchants doing business in this State in any farm, garden or horticultural prod.:. nets sold on commission, to furnish the shipper with a bill of sale of same, and for other purposes.
Respectfully submitted,
HARVIE JORDAN, Chairman.

492

JOURNAL OF THE SENATE.

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

By Mr. Little-
A bill to amend section 982 of the Code so as to add the town of Sparta to the list of State depositories.

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. McHenryA hill to amend the charter of the city of Rome.

Report of the committee was agreed to.

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

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

By Mr. Reid-

A bill to retire valid bonds of the State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution.

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.

WEDNESDAY, AUGUST 3, 1904.

4&3

By Messrs. Stovall, Cann and Hardin-

A bill to fix the salary of the judge of the city court of Savannah.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 30, nays 0.
The bill having receiv~d the requisite constitutional majority was passed.

By Messrs. Stovall, Cann and Hardin-
A bill to regulate the salary of judges of the superior courts of this State whose circuit has within it a city with a population of not less than 54,000 nor more than 75,000 inhabitants.

Report of the Committee was agreed to.

On the passage of the bill the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Golden, Harrell, Hightower,

Hopkins, Hudson, Jordan, Ledford, Lewis, McClure, McLean, McMichael, Merritt, Moore, Perry, Skelton,

Smith, Snead, Starr, Stevens, Sweat, Symons, Tisinger, Turner, Van Buren. Williams, Worsham,

494

JouRNAL OF THE SENATE.

Those not voting were Messrs.-

Comas, Lee, Mathews,

Middlebrooks, Park, Reid,

Ayes 35, nays 0.

Taylor, Mr. President

The bill having received the requisite constitutional majority was passed.

By Mr. Hardman-

A bill to change the name of Harmony Grove.

Report of the Committee was agreed to.
Upon the passage of the bill the ayes were 27, nay-5 0.
The bill having received the requisite constitutional majority was passed.
By Mr. ReidA bill to appropriate $1,000 additional for the year 1904
for payment of rewards.
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, Comas, Crumbley, Davis, Duncan, of 36th, Golden, Harrell, Hightower, Hopkins,

Hudson, Jordan, Ledford, Mathews, McClure, McLean, McMichael, Merritt, Moore, Park,

Smith, Snead, Starr, Sweat, Symons, Tisinger, Turner, Van Buren, Williams. \Vorsham,

WEDNESDAY, AUGUST 3, 19.04.

495

Those not voting were Messrs.-

Christie, Clark, Clements, Duncan, of 1oth, Lee,

Lewis, Middlebrooks, Perry, Reid,

Ayes 30, nays 0.

Skelton, Stevens, Taylor, Mr. President.

By unanimous consent the bill just passed was reconsidered.

By Messrs. Steed and HixonA resolution to pay pension of I. N. Taylor to his widow.

Report of the committee was agreed to.

This being an appropriation the ayes and nays wert- <lrdered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

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

HightO>wer, Hopkins, Hudson, Jordan, Ledford, McClure, McLean, Merritt, Moore, Reid,

Those not voting were Messrs.-

Skelton, Starr, Stevens, Sweat, Symons, Tisinger, Van Buren, Williams, Worsham,
'

Allen, Duncan, of 10th, Lee, Lewis, .Mathews,

McMichael, Middlebrooks, Park, Perry, Smith,

Snf'::.d, Taylor, Turner, Mr. President.

Ayes 30, nays 0.

4~6

JOURNAL OJ!' THE SENATE.

By Mr. MitchamA bill to amend the charter for the town of Jonesboro.

Report of the committee was agreed to.

On motion this bill was tabled.

By Mr. Morris--

A bill to create a new charter for the city of Marietta.

Report of the committee was agreed to.

Upon the pgssage of the bill the ayes were 23, nays 0.

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

Amend section 34 by adding after the word "city" in the fourth line of said section, the following words, to wit: "On and around the public square thereof, and one block in each direction from the same.''
Amend section 34 by adding to the end of the same the following, to wit: "Provided that no paving shall be ordered as provided in this section, until the owners representing more than one-half of the property fronting on said public square and streets shall have petitioned the mayor and council of said city for l!aid paving."
Amend section 25 by striking out of line seven (7) the words "fifty cents" and inserting the words "forty cents.''

Amend section 26 by dividing said section by making a new section known as section 27 out of all of said section after the word "taxes" in the forty-fifth line.

WEDNESDAY, AUGUST 3, 1904.

497

Amend further by adding at the end of said new section ~21 the following proviso, to wit: "Provided the provisions of this section shall not go into effect until ratified by a majority of the qualified voters of said city voting at an -election held for that purpose or at any general election for mayor and council of said city, and the mayor and council .of said city are hereby authorized to submit the ratification of the provisions of this section at a special election to be held for this purpose, or to any general election of said municipality, and if as the result of said vote a majority o( the -qualified voters voting at said election shall vote for the ratification of the provisions of this section, the same shall have the force and effect of law upon proclamation ot the .mayor of said municipality.''

Amend by numbering section 27 of original bill 28, and numbering all remaining sections accordingly.

Amend by striking out sections 4, 5, 6, 7, 8, 9, 10, 11, 12 relating to registration, registrar aud the duties thereof, -etc., be striken and a new section properly numbered shall be substituted as follows :

SECTION -. Nothing in this Act shall be construed to ..repeal the Act approved Dec. 19, 1898, prescribing a system for the registrati()n of voters of the city of Marietta
,authorizing the appointment of registrars, and declaring'
who are qualified voters in elections of said municipality, .and for other purposes.

Amend further by adding another section as follows:

SECTION 37. Be it further enated, That all laws and parts .of laws in conflict with this be and are hereby repealed.

Senator8 Mathews, VanBuren and Hopkius were ap-
.32 B j

498

JouRNAL OF THE SENATE.

pointed a~ Conference Committee from Senate on Housebill to provide for successors to the Governor.

House Bill No. 1107 was recommitted to the Special Ju-diciary Committee.
House Bill No. 1085 was recommitted to the General Judiciary Committee.

The following House bills were read second time and. recommitted :

By Mr. Gaulden-
A bill to repeal the Act establiE!hing the County Court. of Brooks.

By Mr. Blackburn-

A bill to provide compensation of Commissioners of Roads and Revenues in all counties of the State with a. population of 75,000.

By Mr. Bowen-

A bill to amend the Act relating to the Commissioners. of Roads and Revenues of Wilcox co-unty.
House Bill No. 186 was made special order for to-mor-row immediately after the reading of the Journal.

The following House bills were read second time:

By Messrs. Pate and Fields-
A bill to establish a Board of County Commissioners for Dooly county.

THURSDAY, AUGUST 4, 1904.

499

By Mr. Jones--

A bill to authorize and require the County Commissioners of Dougherty county to work the convicts on the streets of Albany.

By Mr. Carswell-
A bill to combine the office of ordinary and judge of the county court of Wilkinson county.

The following Senate bill was read second time :

By Messrs. McLain and Moore-

A bill to require commission merchants .dealing in certain articles to give the name of the purchaser to the owner.

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

Senate Chamber, Atlanta, Georgia, Thursday, August 4, 1904.
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.

500

JOURNAL OF THE SENATE,

Mr. Worsham, Acting Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
The Committee on Eogrossing report as correctly engrossed and ready for transmission to the House the following bills and resolutions, to wit:

A bill to prescribe time in which commercial papers may be protested.

A bill to authorize the Treasurer to receive and deposit

in his office certain validated and registered bonds as surety

by Fire, Assessment, Fidelity and Surety Companies doing

business in this State.



A resolution to create a Commission fixing boundaries and county sites for new counties.

A resolution for the return of House Bill No. 1034. Respectfully submitted, W. A. WORSHAM, Chairman.

The following message was received !rom the House through Mr. Boiteuillet, 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 incorporate the city of Sylvester.

A bill to establish the city court of Quitman.

A bill to incorporate the town of Maples.

THURSDAY, AUGUST 4, 1904.

501

The House has failed to pass the following bill Of the Senate, to wit:

A bill to amend paragraph 1 of section 2 of article 11 of the Constitution of this State, so as to change the terms of county officers from two to four years.

In compliance with the Senate resolution requesting the return of House Bill No. 1034 for correct!on; the following House bill is returned to the Senate, to wit:

An Act to establish the city court of Jackson.

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

Mr. President:
The Committee on Education haP had under consideration the following House bill which it instructs me to report with the recommendation that it do pass as amended, to wit:
A bill to amend Act to establish and maintain a State Normal School as a branch of the University.
Resj,ectfully submitted, M. L. LEDFORD, Chairman.
The following special order was taken up:
By Mr. Hall-
A bill to provide for the assessment of property of corporations in this State.

502

JoURNAL o.F THE SENATE.

Mr. Perry moved to disagree to the report of the Committee which is, do pass by substitute.

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

Those voting in the affirmative were Messrs.:__

Comas, Harrell, Ledford,

Lewis, Perry, Snead,

Starr, Turner, Worsham,

Those voting in the negative were Messrs.-

.Allen, Atkinson, Christie, Clark, Clements, Crumbley, Duncan, of Ioth, Duncan, of 36th, Golden, Hightower, Hopkins,

Hudson, Lee, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, Park,

Those not voting were Messrs.

Davis,

Jordan,

Ayes 9, nays 31.

Reid, Skelton, Smith, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Williams,
Mr. President.

The motion was lost.

Upon the passage of the bill by substitute as amended the ayes and nays were ordered, and the vote is as follows:

THURSDAY, AUGUST 4, 1904.

503

Those voting in the affi.r~ative were Messrs.-

..Allen, Atkinson, Christie, -()lark, -<Jlements, Crumbley, Duncan of lOth, Duncan of 36th, Golden, Hightower, Hopkins, Hudson,

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

Skelton, Smith, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Williams, Worsham.

Those voting in the negative were Messrs.-

Comas, Harrell,

Lewis, Reid,

Those not voting were Messrs.-

:Davis,

Jordan,

Ayes 34, nays 6.

Snead, Turner.
Mr. President.

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

Amend caption by striking the words "a date" and in,-serting "dates."

- MINORITY REPORT ON HOUSE BILL 186.
we respeetfully submit the following.:
The Committee on the General Judiciary having re1>orted in lieu of the above bill a substitute, which pro-vides, in addition to a State board of assessors for corpoa-ate property, a oounty board of assessors for individual

504

JoURNAL OF THE SENATE.

property, we disagree to said report, and think the bilV as it comes from the House, with a few verbal amendments,. should become the law.
1. There seems to be no necessity for boards of assessors for individual property. There was for 1903 an increase in the rtC'turns of individual property over 1902 of twentytwo and one-half millions, and probably for 1904, there will be a still larger increase. For the same year, 1!J03-,. there seems to have been a decrease of railroad property which was taxed in 1902 of four and one-half millions.. There was an increase of about eight millions, but this came entirely from franchises not returned in 1902. Consequently the facts do not indicate any backwardness on the part of individual property-holders in returning their prop- erty at proper value.
2. There is a patent and immediate and urgent necessity for some better laws than we now have for ascertaining and arriving at the value of railroad property. Under our present arbitration system, in 1903, after the ComptrollerGeneral had assessed these properties according to a sim- ple rule of arriving at their actual value, approved and commended by all the courts, including the Supreme Court. of the United States, this valuation was reduced, in the aggregate, about twenty millions. In the case of the Southern and Seaboard roads, the taxable vah1e of the franchises. was reduced from the valuation of the Comptroller-General about two-thirds. Other roads were assessed on their franchises at about double the rate per mile assessed on the Seaboard and Southern. The present system has proved a. very unjust one as between the roads, and has proiluced great loss to the State. The necessity for a better system. is apparent.

3. To sidetrack the House bill by a substitute which,.

THURSDAY, AUGUST 4, 190.4.

505-

however commendable, is not urgently demanded by thesituation, will be to imperil the enactment by this Assem.,. bly of a law urgently and immediately needed.

4. The objection that it wouid be u11constitutional to adopt a different method for ascertaining the value of certain property from that adopted for other property is un-tenable. It has been always held perfectly legal and canstitutional to deal with different classes o1 property by different methods, suggested by the difference in the character of the property. The following decisions show that. the proposed measure is in this respect perfectly legal :

107 Ga. Reports, 357.
115 U. S. Supreme Court Reports, 337.
Respectfully submitted, H. H. PERRY, CLAIBORNE SNE.AD.

Mr. Hopkins, Chairman of the Appropriations Commit-tee, made the following report:

Mr. President:
The Appropriations Committee has had under consideration the following resolution of the Senate, which I am instructed to report back with the recommendation that it dopass.
A resolution to refund $83.08 to H. 0. Thornton, taxcollector of Terrell county.

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

A resolution to appropriate the sum of $4,000 to com-

JOURNAL OF THE SENATE.
plete the third story of the dormitory of the State Indus- . .1rial College near Savannah.
Also that the following bill of the House do pass as 'amended:
A bill to fix the salary of the Governor of Georgia.
Also, that the following bill of the House do not pass :
A bill to be entitled an Act for relief of J. W. Wilcox. Respectfully submitted, H. W. HOPKINS, Chairman.
Mr. Comas, Chairman ofthe Committee on Hygiene and ::Sanitation, submitted the following report :
Mr. President:
The Committee on Hygiene and Sanitation has had under -consideration the following Senate bill, which it instructs me to report with the recommendation that it do pass, ,to wit:
A bill to amend section 1486, volume one of Code, by increasing time applicants for examination must have attended the medical college, school or univer.sity.
Respectfully submitted, P. H. COMAS, Chairman.
Mr. Symons, <:hairman of the Enrollment Committee, 'Submitted the following report:

THURSDAY, AUGUST 4, 1904.

507

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 acts, to wit:

An Act to .amend section 982 of Code so as to add Perry .:and Fort Valley to State depositories.

An Act to protect the owners of live stock in Mcintosh -county.
Respectfully submitted,
W. F. SYMONS, Chairman.
Mr. Symons, ()hairman of the Enrollment Committee, :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 Acts, to wit:

An Act to amend section 982 of Code so as to add Perry .and Fort Valley to State depositories.

An Act to protect the owners of live stock in Mcintosh COUnty.
Respectfully submitted,
W. :f. SYMONS,
Chairman.

508

JoURNAL OF THE SENATE.

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 bill, which it instructs me to report with the recommendation that it do pass, to wit :

A bill to repeal Act to create a county court in eachcounty of the State so far as the same relates to the countyof Worth.

The committee has also had under consideration the following Senate bills, which it instructs me to report with, the recommendation that they do pass by substitute:

A bill to abolish the fee system of Solicitors-General of the Superior Court, and for other purposes.
A bill to modify and prescribe the duties of Clerk of the Superior Court.

A bill to modify and prescribe the dnties of Judge or the Superior Court.

The committee has al;;o had under consideration the following House bills, which it instructs me to report with, the recommendation that they do pass, to wit :
A bill to establish the city court of Jonesboro.
A bill to amend charter of Bartow, Ga.
A bill to amend the Act establishiug the city court ot
Buford. Respectfully submitted, B. L. TISINGER, Chairman_

THURSDAY, AUGUST 4, 1904.

509

Mr. Symons, Chairman of the Enrollment Committee, submitted the follpwing 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 and resolution, to wit:

An act to amend the act establishing dispensaries 10 Terrell county.

A resolution to destroy by burning certain cancelled bonds and coupons which have been paid.
Respectfully submitted,
W .. :F. SYMONS,
Chairman.

Mr. Symons, Chairman of the Enrollment Comniittee, submitted the following report :

Mr. President:

The Enrollment Committee report as duly enrolled, signed by the President of the Senate 3:nd Speaker of the House, the following Act and resolution, to wit:

An Act to amend the Act establishing dispensaries in Terrell county.

A resolution to destroy by burning certain cancelled bonds and coupons which have been paid.
Respectfully submitted, W. F. SYMONS, Chairman.

510

JOURNAL OF THE SENATE.

Mr. Comas, chairman of Committee. on Hygiene and! Sanitation, submitted the following report :

Mr. President:
The Committee on Hygiene and Sanitation bas had' under consideration the following House bill which it in- structs me to report with the recommendation that it do pass, to wit :

A bill to create a Board of Health for the village of Summerville.
Respectfully submitted,
P. H. COMAS, Chairman.

Mr. Symons, acting chairman of the Committee on Corporations, submitted the following report :

Mr. fresident:
The Committee on Corporations has hag under consideration the following Senate bill which it instructs me to report with the recommendation tha_t it do pass, to wit:

A bill to repeal an act amending charter of Camilla approved October 24, 1887.

The Committee has also had under consideration the following House bills which it instructs me to report with the recommendation that they do pa!'s, to wit:

A bill to amend the charter of Quitman.

A hill amending and consolidating acts incllrporating: town of Riddleville.

A bill Rmending charter of Colquitt.

THURSDAY, AUGUST 4, 1904.

511J

A bill to amend act incorporating the trustees of Oconee Hill Cemetery.

A bill to amend charter of Reidsville.

A bill to incorporate the town of Winterville.

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 amended, to wit:

A bill to create a Board of Commissioners of Roads and. Revenues for Worth county.

The Committee has had under consideration the following House bill which it instructs me to report with the recommendation that it do not pass, to wit:

A bill to create a new charter for the town of Mineral. Bluff.
Respectfully submitted,
W. F. SYMONS, Acting Chairman.

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

By Messrs. Flynt, Carswell and others-A bill to fix the salary of the Governor ofGeorgia.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

-512

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Atkinson, Christie, Clark, Comas, Crumbley, Davis, .Duncan, of 10th, .Duncan, of 36th, Hightower, :Hopkins, Hudson,

Lee, Mathews, McClure, McLean. McMichael, Merritt, Moore, Park, Reid, Skelton, Smith,

Snead, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Those voting in the negative were Messrs.-

.Clements, <Golden,

Harrell, Lewis,

Perry,

Those not voting were Messrs.-

Allen, Jordan,

Ledford, Middlebrooks,

Ayes 33, nays 5.

Mr. President.

The bill having received the requisite constitutional maj>rity was passed as amended, the amendment is by striking $4,000 a~d inserting $5,000.

The following House bills were read second time and .recommitted:

By Messrs. Hawes and Martin-
A bill to authorize 0. H. Sheffield to construct a dam
:across the Savannah river.

By Messrs. Me Rae and West-
A bill to cede jurisdiction to the United States over certain lands in the city of V aldm;ta.

THURSDAY, AuGUST 4, 1904.

613

By Mr. Alexander-

A bill to amend section 671. of the Code.

The following is a 0.)nference Committe report:

Mr. President:
The Conference Committee on the disagreeing votes of the Senate and Ho~, on the Senate substitute to House Bill No. 905, have had the differences under consideration, and have agreed to recommend, and do recommend that the House recede from its disagreement to the Senate substitute, and agree to the same with the fol1owing amendment: Strike out all of section one of the substitute after the word "legislature" in the 11th line, and insert in lieu thereof the following, to wit: "Only in the respect that they
a shall, in the order named, exercise the executive powers of
the government until such disability be removed or successor is elected and qualified. In case of death, resignation or disability of the Governor, the President of the Sen ate and the Speaker of the House of Representatives, the Secret~uy of State, the Attorney-General and the State Treasurer shall, in tbe order named, exercise the executive powers of the government until such disability be removed, or until the election and qualifi~tion of a Gove.-oor." So that said paragraph, when amended, shall read as follows:

"Paragraph VIII. In case of the death, resignation or disability of the Governor, the President of the senate shall exercise the executive powers of the governlQen~ uptilsuch disability be re,moved or a successor is elected and qti~tlified.
And in case of the death, resignation or disability of the President of the Senate, the Speaker of the House of Rep-
resentatives shall exercise the executive powers of the gov-
ernment until the re10oval ot th~ dl!!ollhiJity o:r the eJeo,ion
38Bj

514

Jou.uAL OF THE SEXATE.

and qualification of a Governor. It neath, resignation or disability ot the Governor should occur after the election of a new Legislature, and prior to the organization of the Eame the President ot the last Senate and the Speaker of the last House of RPpresentatives shall nevertheless continue to hold their offices as such President of the Senate and Speaker of the House of Representatives until the assembly and organization of the new Legislature, only in the respect that they shall, in the order named, exercise the executive powers of the government until tmch disability be removed or until the election and qualification of a Governor."

And that the Senate accept said amendment to said sub-

stitute.

H. A. MATHEWS,

J. R. VAN BUREN,

H. W. HOPKINS,

Conference Committee on part of Senate.

W. A. WOOTEN, C. S. REID, P.M. HAWES, Conference Commitee on th,e part of the House.

Agreed to August 4, 1904.

The following House bills were read first time:

By Mr. AlfordA bill to incorporate the city of Sylvester. Referred to the Corporations Committee.

By Mr. MaplesA bill to incorporate the town of Maples. Referred to the Corporations Committee.

THURSDAY, AUGUST 4, 1904.

515

.By Mr. Gaulden-

A bill to establish the City Court of Quitman.

Referred to the Special Judiciary Committee.

The follQwing House bills were read second time :

By Mr. MitchamA bill to establish city court of Jonesboro.
.By Messrs. Flanigan and Pate-
A bill to amend an Act establishing the city court of ..Huford .

.By Mr. Davison-
A bill to amend an Act establishing, orgamzmg and 'maintaining State Normal School as a branch of the Uni-versity.
By Messrs Kilburn, Hall and Felder-
A bill to amend an Act, approved February 26, 1874, Jtmending the road laws of the county of Bibb.

By Mr. Shackelford-

A bill to be entitled an .A.ct to incorporate the town of Winterville, in the counties of Clarke and Oglethorpe

.By Mr. Bush-
A bill to be entitled an Act to amend an Act entitled an
..Act incorporating the town of Colquitt.

516

JouRNAL o:r THE S.EN4T~

By Mr. Shackelford-

A bill to be E.'ntitled an Act to amend an Act, approved December 7, 1860, entitled an Act incorporating the trustees of Oconee Hill Cemetery.

By Mr. Mann-

A bill to be entitled an Act to amend the Act incorpo~ ~ating the town of Reidsville.

By Mr. Alford-

A bill to be entitled an Act to create and establish a board of commissioners of roads and revenue for Worth county.

By Mr. Gaulden-

A bill to be entitled an Act to amend an Act incorporating the town of Quitman, in Brooks county.

By Mr. Rogers-

A resolution appropriating $4,000 with which to complete third story of dormitory of the State Industrial College.

By Mr. Calvin-

A bill to Le entitled an Act providing for the creation of a board of health for SummervillE.'.

By Mr. Phillips-
A bill to amend charter of Bartow, Ga., relative to hiring out convicts.

THURSDAY, AUGUST 4, 1904.

517

By Mr. Evans--

A bill amending, consolidating and superseding several Acts incorporating the town of Riddleville, county of Washington.

The following House bills were read second time and recommitted :

By Mr. Daniel-

A bill to incorporate the Swainsboro school distric~.

By Mr. Harden-

A bill to authorize any 'city in this State to appropriate money for library purposes.

By Mr. Ridley-

A bill to authorize the city of West Point to organize a public school system.

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

By Mr. Burton-

A bill to authorize the mayor and council of Canon to issue bonds.

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.

518

JouRNAL oF THE SENATE.

The following Senate bills were read second time :

By Mr. Duncan-

A bill to repeal an Act creating the county court of Worth county.

By Mr. Harrell-
A. bill to amend the Act establishing the charter of the town of Camilla.

By Mr. McLain-
A bill to vest in the BQard of Academy Commissioners control of the public schools of Mcintosh county.

This bill was recommitted.

By Mr. Christie-
A resolution for the relief of H. 0. Thornton, tax-collector of Terrell county.

The following House bill, which was returned by the Governor, was reconsidered by the Senate and passed by, the Senate with amendment :

By Mr. Beauchamp-

A bill to establish the city court of Jackson, in Butts county.

Report of the committee was agreed to.

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

THURSDAY, AUGUST 4, 1904.

519

The bill having received the requisite constitutional ma jority, was passed as amended.

The amendments are as follows :

Amend by adding at the end of section 43 the following :

Provided, that the provisions of this Act shall not become operative until ratified by a majority of the qualified voters at the next general election to be held in October, 1904, in the county of Butts. At said election those favoring the city court shall have written or printed on their ballots, which ballots shall be Beparate from the ballots cast for officers, the words: "For City Court," and those opposed to city court shall have written or printed on their ballots the words: "Against City Court."
Returns of said election shall be made to the ordinary of Butts county, who shall consolidate the same and declare the result; it a majority vote at said election shall be in favor of the city court, then the said city court shall be established and become operative under the provisions of this Act.

On motion, the Senate adjourned until t~-morrow morning at 10 o'clock.

520

JouRNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Friday, August 5, 1904.
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.
Senate resolution No. 96 was withdrawn.
Mr. Perry, Chairman of the General Judiciary Commit~ tee, made the following report :
Mr. President: The General Judiciary Committee has had under con-
sideration the following bill of the House, which I am instructed to report back with the recommendation that it " do pass" :
A bill to provide for the establishment and maintenance of schools of agticulture and the mechanic arts in the respectiv~ congressional districts of this State.
Also, that the following bills of the House ''do paRS":
A bill to be entitled an Act to authorize 0. H. Sheffield to construct a dam across the Savannah river, and for other purposes.

FRIDAY, AuGUST 5, 190-l.

521

A bill to cede to the United States jurifldiction over eertain lands in the city of Valdosta.
Respectfully submitted,
H. H. PERRY, Chairman.

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

Mr. President:

The Committee on Pensions bas had under consideration the following Senate bills and House resolutions, which it instructs me to report with the recommendation that they do pass, to wit:

A bill to repeal all of oectio"n 1262, volume 1 of Code known as the first proviso.

A bill to amend section 1254; volume 1 of Code.

A resolution to pay pension of Mary E. Mize to her son, Tbos. N. Mize.

A resolution for the payment of the pension of John J. Miles.

A resolution to pay penlSion to Sarah Blackman.

A resolution to pay pension of' A. J. Hobbs.
Respectfully Eubmitted, HUDSON, Chairman.

622

JouRNAL oF THE SENATE.

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

Mr. President:
The House of Representatives has disagreed to the report of the Conference Committee on the following bill of the House, to wit :

A bill to propose an amendment to article 5, section 1,. paragraph 8, of the Constitution of the State, providing for succession to the office of Governor.

The House recommends the appointment of anotherConference Committee, and appoints on the part of theHouse, Messrs. Hall of Bibb, Steed of Taylor, and Franklin of Washington.

The House has passed by the requisite constitutional majority the following bill and resolutions of the House,. to wit:

A bill to vest in ordinaries or Commissioners of Roads and Revenues in the several counties of this State authority to erect bridges across navigable streams, and forother purposes.

A resolution to pay the pension of B. G. Smith to the administrator of his estate.

A resolution to pay the pension of John S. Flynt to his daughter.

A resolution to pay the pension of William Roberson tohis daughter.

- A resolution to pay the pension of Mrs. S. F. Fuller t() her son.

FRIDAY, AuGusT 5, 1904.

523

A resolution to pay the pensio~ of Mrs. Nancy Susan. Lynch to her Jaughter.

A resolution to pay $83.08 to H. 0. Thornton, tax-collector of Terrell county, being the amount which he by oversight improperly paid to the State for the year 1902.

A resolution to pay the pension of Irwin Humphreysfor the years 1901, 1902 and 1903.

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

A resolution authorizing the correction of certain errorsin Act No. 494, incorporating the town of Westminster.

The House has tendered the use of the Hall of Representatives next Tuesday evening at eight o'clock to General Fitzhugh Lee and Hon. John Goode, who will address the General Assembly on the Jamestown Exposition of 1907 . The members of the Senate and of the House, their friends, and the public generally are invited to be present.

To the Senate and House of Representatives :

The undersigned, the committee appointed under a joint resolution of the Senate and llouse, known as House resolution No. 460, beg leave to submit the following report ~

First-Your Committee, through the investigations they have been able to make, report the number of convicts in the State of Georgia under the age of sixteen to he approximately one hundred and twenty-five (125). Of this number about one-third are white a11d the balance are negroes. There are no white females, and. the number of colored females will not exceed teo or twelve. Twenty-five

524

JoURNAL oF ~nE SENAT&

of the juvenile convicts are felonies, and are located on the prison farm, the balance being misdemeanors are confined in the various local chain-gangs of the State.

Second-Your Committee is of the opinion that the sum of Eighteen Thousand ($18,000) Dollars will be a sufficient and proper amount with which to purchase a necessary site for a reformatory adequate to accommodate the class of convicts proposed, and to construct the necessary buildings and equip the same.

The sum of Ten Thousand ($10,000) Dollars will maintain and operate such a reformatory for .the first year, and your Committee ill of the opinion that after such an institution is maintained for a short time by the State it will be self-sustaining, and the State will not be . called on for a dollar appropriation for maintenance.

Third_:_Your Committee believes it is practicable for the State to at this time eRtablisb a reformatory, or rather a juvenile prison farm with many of the reformatory features, and that the same should be done. There appears to your Committee no valid reason why these infant criminals should be confined with those hardened in crime, and .simple justice and humanity would seem to require that they should be kept sepaJ-ate.

Fourth-Your Committee, in accordance with the instructions contained in said resolution, drafted a bill looking to the creation of a State Reformatory for juvenile eriminals of the age o sixteen years and under, and early in the present session introduced the same in the House, where the bill is now pending and known as House bill No. 1056, While the measure proposed may not be perfect your Committee hopes that its main features will be

.

FltiDAY, .AUGUST 5, 1904.
approved by the General Assembly and finally enacted into a law.
Respectfully submitted. T. S. FELDER, WALTER E. STEED, C. E. DUNBAR1
Committee on part of House. GORDON LEE, E. H. McMICHAEL,
Committee on part of Senate.
Tlle following Senate bills were read third time .
By Mr. Moore-
A bill to increase the number of terms of the Superio:r Court of Chatham 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. Harrell-
A bill to amend the charter of the town of Camilla.
Report of the committee was agreed to.
Upon the passage of the bill the ayea w~re 28, nays 0.
The bill having received the :requisite constitutional lllaiority was passed.

-526

JouRNAL oF THE SENAT&

By Mr. Duncan-
A. bill to change the county site of Worth county from Isabella to Sylvester.

Report of the committee was agreed to.

Upon the pas8age of the bill the ayes and nays were or-dered, and the vote is as follows :

Those voting in the affirmative were _Messr.:>.-

.Allen, Atkinson, -christie, (}lark,
Clements, (}om as,
Crumbley, Davis, Duncan of lOth, Golden, Harrell,

Hightower, Hopkins, Jordan, Lee, Ledford, Lewis, McLean, McMichael, 1\'lerrltt, Middlebrooks, Moore,

Perry, RP-id, Skelton. Smith, Starr, Stevens, Sweat, Taylor,
Ti~iriger,
Van Buren, Williams.

Those not voting were Messrs.-

Duncan of 86th, Hudson, Mathews, McClure,

Park, Snead, Symons,

Ayes 33, nays 0.

Turner, Worsham, Mr. President.

The bill having received the requisite constitutional majority was passed.

By Mr. Smith-. A. bill to amend section 1486 of the Code.

'Report of the committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 3.

FRIDAY, AUGUST 5, 1904.

527

The bill having received the requisite constitutional majority was passed.

By Mr. Perry-
A bill to prohibit railroad, express, telegraph and telephone companies from issuing franks and passes to any person in this State.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were or-dered and the vote is as follows:

The bill was tabled before the vote was announced.

Mr. Middlebrooks, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations has bad under consid-eration the following House bills, which it instructs me to .report with the recommendation that they do pass, to wit :

A bill to incorporate the city of Sylvester.

A bill to incorporate the town of Maples. Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.

Mr. Tisinger, Chairman of the Special Judiciary Committee, submitted the following report :
Mr. President: The Special Judiciary Committee has had under con-

528

JouRNAl. o:r TilE SE.li.\TE.

sideration the following House bills, which it instructs me tu report with the recommendation that they do pas!', to wit:

A bill to repeal Act establishing county courts so far as the same relates to Brooks county.

A bill to establish the city court of Quitman.
Respectfully submitted, B. L. TISI~GER, Chairman.

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

Mr. President:
The Committee on Education has had under oonsidera~ Lion the fullowing House bills, which it instructs me to report with the recommendation that they do pass, to wit:

A bill to incorporate Swainsboro school district.

A bill to amend Act authorizing the city of West Point to organize a public school system.

A bill to amend Act authorizing cities to appropriate
money to m~intain public libraries.
Respectfully submitted,
M. L. LEDFORD, CbairmaQ.

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

FRIDAY, AUGUST 5, 1904.

629

By Mr. Jones-
A bill to authorize and require the Board of Commissioners of Roads and Revenues of Dougherty county to work the county chaingang on the streets of Albany.

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. Slaton-
A bill to provide for the situs of debts due to non-residents.

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 as amended. Amend by adding after "enacted" the word ''by."
Atl~nta, Georgia.; Augm,t 5, 1904.

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

Mr. President:
His Excellency the Governor has approved and signed the following bills:
.An Act to incorporate the city of Broxton in Coffee county.
llhj

J'OURNA.L OP THE SENATE.
An Act to amend the charter of the city of Baxley.
Au Act to amend an Act to create a Board of Roads and Bridge Commissioners for Appling county.
An Act to amend the Acts incorporating. the town of Waynesboro.
An Act to authorize the mayor and council of W aynesboro to order an election for the purpose of incurring a debt for electric lights and water-works.
The following House bills were read first time :
By Mr. Rankin-
A bill to vest in the Ordinaries and County Commissioners of this State the authority to erect bridges across navigable streams.
~eferred to the Special Judiciary Committee.
The following House bill was read second time:
By Messrs. Ridley and Dozier-
A bill to amend the Act establishing a dispensary in Hogansville.
The following House resolutions were read first time :
By Mr. SlatonA resolution to authorize the correction of certain errors
in Act 494.
Referred to the Corporations Committee.

FRIDAY, AUGUST 5, 1904.

531

:By Mr. WootenA resolution to pay pension of Irwin Humphreys.

Referred to the Pensions Committee.

:By Mr. Rainey-
A resolution to pay $83.08 to H. 0. Thornton, Tax-Collector of Terrell county, amount overpaid the State in 1902.

Referred to the Appropriations Committee..

By Mr. Preston-
A resolution to pay pension of Mrs. Nancy Susan Lynch to her daughter.

Referred to the Pensions Committee.

By Mr. Dunbar-
A resolution to pay Mrs. Martha Martin, daughter of William Roberson.

Referred to the Pensions Committee.

.By Mr. Shannon-
A resolution to pay pension of John S. Flynt, late of Monroe county, to his daughter, Lucy Flynt.

Referred to the Pensions Committee.

By Mr. Johnson-
A resolution to provide for the payment of the pension {)f B. G. Smith.

Referred to the Pensions Committee.

532

JouRNAL OF THE SENATE.

The following House resolutions were read second time:

By Mr. Bell-
A resolution to pay pension of Mary E. Mize to her son Thos. S. Mize.

By Mr. TiguerA resolution to pay pension of A. J. Hobbs.

By Mr. StanfordA res<Jlution to pay pension of Sarah Blackburn.

By Mr. BlackburnA resolution to pay pension of J. J. Mills.

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

By Mr. Reid-
.-\. bill to amend the Act creating the charter of Palmetto.

Report of the Committee was agreed to.

U pun the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. ReidA bill to create a new charter for the town of Palmetto.

Report of the Committee wae agreed to.

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

FRIDAY; AUGUST _5, 1904~-

533

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

The following Senate bill was read first time :
By Mr. ParkA bill to amend the present charter of the town of
Arlington.
Referred to the Corporations Committee.

The following Senate bill was taken from the table to be put upon its passage :
By Mr. PerryA bill to provide for the maintenance of schools of ag-
riculture in the Congressional districts of this State.
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.

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 with the recommendation that it do not pass, to wit :
A bill to abolish th~ County Board of Education of Mcintosh county, and for other purposes.
Respectfully submitted, M. L. LEDFORD, Chairman.

534

JOURNAL OP THE 8EllAT&

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

Mr. Presid~nt:

The General Judiciary Committee bas had under comlideration the following bill of the House, which I am instructed to report back with the recommendation that it. do pass:

A bill to amend an Act establishing the city court of Waycross, in and for Ware county, and for other purposes.
Respectfully submitted,
H. H. PERRY, Chairman.

Mr. Duncan, Chairman of the Commit~e on Temperance, submitted the following report :

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

A bill entitled an Act amending the charter of the town of Lake Park, and for other purposes.

A bill to be entitled an Act to amend section 2 of an Act to establish and maintain a dispensary in the town of Colquitt, and for other purposes.
Respectfully submitted,
J. T. DUNCAN, Chairman.

FBIDAY, AUGUST 5, 1904.

535

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

Mr. President:
The House has concurred in the Senate amendments to the following bill of the House, to wit :

A bill to levy and collect a tax for the support of the State government and public institutions, and for other purpol:les, except Senate amendment No. 4, relative to packing-houses, which has been concurred in as amended by the House.

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

A bill to appropriate $25,000 to the trustees of the University of Georgia for the construction of a college building and equipments for the State Normal School.

A bill directing the trustees of the Georgia Academy for the Blind to sell or exchange the present lot and the buildingil thereon for a more commodious lot and for more modern and convenient buildings.

A bill to appropriat.e $2,750 for the use of the Georgia School for the Deaf.

The House has adopted the following Hot1se joint resolution in which the_ concurrence of the Senate is asked, to wit:
A resolution providing for a joint session of the General Assembly on next Tuesday afternoon, August 9th, for the purpose of hearing the addresses of General Fitzhugh Lee and Hon. John Goode on the subject of the Jamestown Exposition.

536

JOURNAL OF THE SENATE.

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 bill, which I am instructed to report with the recommendation that the same do pass as amended:

A bill to provide for the compensation of commissioners of roads and revenues in all counties having a population of 75,000 or over.
Respectfully submitted,
B. L. TISINGER, Chairman.

The following House bill was read second time :

By Mr. Alford-

A bill to incorporate the city of Sylvester.

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

By Mr. Redwine-
A bill to authorize the Mayor and Council of McDonough to issue bonds for school purposes.

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.

FRIDAY, AUGUST 5, 1904.'

537

By Messrs. McRae and West-
A bill ceding to the United Stat.es jurisdiction over certain lands in the city of Valdosta.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 27, nays 0.
The bill havi~g received the requisite constitutional majority was passed as amended.

.Amend title by adding between the words "Valdosta" and "State" in the third line the following: "and the city -of .Atlanta." Amend by adding between sections 2 and 3 :a new section to be known as 3, as follows : Section 3. .Be it further enacted by the authority aforesaid, That the jurisdiction of the State of Georgia is hereby ceded to the United States of America in and over all that tract of land in the city of Atlanta in land lot seventy-eight (78) of -the 14th district of originally Henry, now Fulton county, Georgia, and being the whole of the block bounded on the northeast by Poplar street, on the southeast by Forsyth and the southwest by Walton street, and on the northwest by Fairlie street : Provided that the State shall retain concurrent jurisdiction with the United States in and over said tract so far that all civil and criminal process issued. under the authority of this State may be executed thereon in like manner as if this resolution were not in force .
.Amend by changing numbers of last 2 sections accord-. ingly

.By Mr. RogersA resolution to make an appropriation of $4,000 to
complete the dormitory of the Industrial College near Savannah.
Report of the committee was agreed to.

538

JOURNAL OJ' THE SENAT&

Upon the passage of the resolution the ayes and nay& were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Comas, Crumbley, Davis, Duncan, of zoth, Duncan, of 36th, Golden, Harrell,

Hightower, Hopkins, Lee, Ledford. Lewis, McClure, McLean, Merritt, Moore, Park, Reid,

Skelton, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Clements, Hudson, Jordan, Mathews,

McMichael, Middlebrooks, Perry, Smith,

Ayes 32, nays 0.

Snead, Turner, Mr. President.

The resolution having received the requisite constitutional majority was passed.

By MeBBrs. Pate and Fields-
A bill to establish a Board of County Commissioners for Doo1y 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 constituticnal majority, was passed.

FRIDAY, AUGUST 51 1904.

63l}

By Mr. Mitcham-

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

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. DanielA bill to incorporate. the Swainsboro school district in
Emanuel 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. Ayres-
A bill to amend aud supercede the .Acts incorporating Rockmart.
Report ofthe 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.

540

JouRNAL OF THE SENAT&

By Mr. Mitcham-

A bill'to establish the city court of Jonesboro.

Report of the committee was agreed to.

Upon the paBSage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Calvin....:.. .A bill to provide for the creation of a board of health
for the village of Summerville. Report of the Committee waR 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. Phillips-
.A bill to amend the charter of Bartow relative to hiring convicts.

Report of the Committee was agreed to.

Upon the paBBage of the bill the ayes were 27, nays 0.

The hill having received the requisite constitutional majority was paSEed.

FRIDAY, AUGUST 5, 1904.

541

By Mr. Paulk-

A bill to incorporate the town of Chula in Irwin county.

Report of the Committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

By Mr. Carswell-

A bill to incorporate the town of Toomsboro, in Wilkinson 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 as amended, by striking the words January 1st, 1905, and inserting in lieu thereof September 1st, 1904.

By Meesrs. McRae.and WestA bill to amend the charter of Lake Park.

Report of the Committee was agreed to. Upon the passage of the bill the ayes w' ere 27, nays 0.

The bill having received the requisite constitutional majority wa'l passed.

~42

JoURNAL OJ' THE 8ENAT:&

By Mr. Carswell.A. bill to incorporate the town of Irwinton. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional ma-
jority was passed.

By Messrs. Lawrence and BoothA bill to amend the charter of the town of Monroe. Report of the Committee was agreed to. Upon the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional ma-
jority was passed.

By Mr. RichardsonA bill to amend the Act establishing the town of Perry. 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 maiority was passed.

.By Mr. DavisonA bill to incorporate the city of Union Point. Report of the Committee was agreed to.

Upon the passage of the bill tbe ayE:s were 29, nays 0.

FRIDAY, AUGUST 5, 1904.

6-13

The bill having received the requisite constitutional majority was passed.

By Mr. George-

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

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were29, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Spence-
A bill to amend the Act incorporating the waresboro school district in Ware comity.

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. Grice--

A bill to incorporate the town of Rebecca, in Wilcox -county.
Report of the Committee was agreed to.

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

The bill having received the requisite constitutional majority was passed.

544

JOURNAL OF THE SENATE.

By Messrs. Flanigan and Pate-

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

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. Grice-
A bill to amend an Act incorporating the Pineview school district.

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. Ridley-
A bill to authorize the city of West Point to organize a public school system.

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.

FRIDAY, AUGUST 5, 1904.

545

By Mr. Mann- .

A bill to amend the Act incorporating the town of Reedsville in Tatnall county.

Report of.the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having receive] the requisite conl'!titutional majority was passed.
By Mr. Deal-
A bill to amend the Act creating the city court of Statesboro.

Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26, nay~ 0.

The bill having received the requisite constitutional majority was passed :

By Mr. Spence-
A bill to amend the Act establishing the city court of Waycross.
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.
S5 8 j

JoUJUiA.L OF 'l'Q &NA'l'B.
By Messrs. Hawes and MartinA bill to authorize 0. H. Sheffield to construct a dam
across the Savannah river.
Rep!)rt 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. BushA bill to amend the Act incorporating the town of Col-
quitt. Report of the Committee wns 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. GauldenA bill to amend an Act incorporating the town of Quit-
man. 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 majority was passed.

FamAY, AuGvsT 5, 1904.

547

"By Mr. Carswell-

A bill to combine the office of Ordinary and County .Judge of Wilkinson county.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Shackelford-

A bill to amend an Act incorporating the Trustep.s of -.the Oconee Hill Cemetery.

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 pai!Bed.

By Mr. Deal-
A. bill to amend the Act creating the city court of -Statesboro.

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.

548

JouRNAL oF THE SENATE.

By Mr. Morris-

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

Report of the Committee was agreed to.

Upon the

passage of

the

bill

the '

ay,,es.

we.r. e

27,

nays 0.

The bill having received the requisite constitutional majority was passed:

By Mr. MitchellA bill to amend the Act incorporating Metcalf m
Thomas county.
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. Preston-
A bill to permit the judge of the county court of Jasper county to have summoned eighteen jurors, and to provide for the number of strikes.
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 coMtitutional majority was passed.

FRIDAY, AUGUST 5, 1904.

549

By Mr. Alford-

A bill to repeal an Act approved December 21, 1898, incorporating the town of Sylvester.

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. DickA bill to incorporate the town of Tiger, in R:1bun county.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Bush-
A bill to amend section 2 of an Act establishing a dispensary in Colquitt.

Report ot the Committee was agreed to.

Upon the passage ot the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

550

JOURNAL OF THE SENATE.

By Mr. Bush-

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

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.
By Messrs. Hixon and Steed-
A bill to create a light and water commission for Carrollton.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes wet-e 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Deal-
A bill to amend the Act to incorporate the city of Statesboro.

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.

FRrl>AY, .A.uausT 5, 1904.

551

By Messrs. Kilburn, Hall and Felder-

A bill to amend an Act amending the wood laws of Bibb county.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Felder-

A bill to amend the Act establishing the City Court of Macon.
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 Messrs. Pate and Fields-

A bill to amend the Act creating the City Court of Cordele.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were.26, naJ1! 0.

The bill having received the requisite constitutional majority was passed.

552

JoURNAL OJ!' THE SENATE.

By Messrs. Fields and Pate-

A bill to amend the Act incorporating the city of Cordele.

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. Felder-
A bill to amend the Act which authorizes the County Commissioners of Bibb county to appropriate certain fixed sums to the librari~s of Macon.
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 Messrs. Lawrence and Booth-
A bill to amend the Act incorporating the town of Bethlehem 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.

FRIDAY, AUGUST 5, 1904.

553

By Mr. Harden-
A bill to authorize any city in this State to appropriate money for the maintenance of a library.

Report of the Committee was agreed to. Upon the passage of the bill the aye~ were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. ShackelfordA bill to incorporate the town of Winterville.

Beport 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. Wise-
A bill to reduce the number of County Commissioners -of FayettE:' 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. McRae-
A bill to authorize the Mayor and Council of Valdosta to issue bonds to erect and equip school buildings.

Report of the Committe was agreed to.

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

554

JoURNAL OF TBE 8:NA'r:B.

The bill having received the requisite constitutional majority was passed.

By Mr. Evans-
A bill to consolidate the several Acts incorporating RiddleviJle, in Washington 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:

Amend section 14 by striking the words "But shall beexempt from street tax," and insert in lieu thereof " But shall receive such fees for his services as the Mayor and Council may by ordinance provide, and he shall be exempt. from street tax."

By Mr. Blackburn-
A bill to provide compensation for Commissioners of Roads and Revenues in counties having a population of 75,000 or over.

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 :

Amend by striking the word "three'' in the 11th lineof section.! of the bill and substituting in lieu thereof theword '' five"-also amend by striking the figures $300 in the 11th line of section 1 and substituting the figures $500~

FRIDAY, AUGUST 5, 1904.
By Mr. Alford-
A bill to create and establish a Board of Commissioners. of ROads and Revenues for Worth 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 :
Amend by striking from 3d line of section 2 the name of Geo. Price and inserting the name of T. J. Pinson.
By Mr. Davison-
A bill to amend an Act to establish, organize and maintain a State Norrnall:;chool as a branch of the University.
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 paBBed as amended :
Amend section one of the bill by adding after the word Athens in the 16th line the following: "and two from the State at large.''
Amend said section one, by adding after the word years in the 19th line the following: and the two, trustees from the State at large to be appointed for a term of six years.
Amend the amended section 3 of the bill by adding after the word Athens in the 6th line, the following: "and tw<> Trustees from the State at large."

.556

JOURNAL OF THE SENATE.

Also, amend said amended section 3 by adding after the word years in the 9th line the folJowing: "and the two trustees at large to be appointed for a term of six years."

The following House bills were read second time:

By Mr. Maples-
A bill to incorporate the town of Maples, in Mitchell county.

By Mr. Gaulden-A bill to establish the City Court of Quitman.

The following Senate bill was read third time and put upon its paasage :
By Mr. McMichael-
A bill to amend the Act amending the new charter of the city of Columbus.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority, was passed.

The following House bill was taken up with House amendments to Senate amendments and the House amendments were concurred in.

By Mr. Reid-
A bill to levy and collect tax for the support of the State government for the year 1905.

SATURDAY, AUGUST 6, 1904.

557

The amendments are as follows: Amend 4th Senate amendment by striking out after the word "agents'' in the :first line and inse.rt in lieu thereof the following : "of any packing-house doing business in this State $200.00 for each place of business in each county having a city with a population of 20,000 or more; $100.00 for each place of business in each county having a city with a population leBk! than 20,000 and not less than 15,000; $50.00 for each place of business in each county having a town or city with a population of less than 15,000 and not less than 10,000; $25.00 for each place of business in each county having a town or city with a population of less than 10,000.''

The appropriation bill was made special order for next Monday immediately after the reading of the Journal.

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

Senate Chamber, Atlanta, Ga., Saturday, August 6, 1904.
The Senate met pursuant to adjournment at 10 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 o yesterday was read and aproved. The following message was received rom the House through Mr. Boieuillet, the clerk thereof:

Mr. Prelfident:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to wit:
A bill to amend an act to amend section 6l5'T of the
Code so as to provide that foreign corporations may exer-
.-cise the right of eminent domain for certain purposes. A bill to amend section 650 of the Code.
A resolution to pay the per diem and mileage of R. ~. Johnson, of Clinch county, to his widow.
A resolution to pay the per diem and mileage of W. R. Welch, of Gilmer county, to his widow.
A resolution to pay the per diem and mileage of W. A. P. Lowe, of Chattooga county, to his widow.
A resolution to pay the pension ~f Mrs. E. C. Shear()USe to her lawful representative.
The House has concurred in the Senate amendment to the following bill of the House, to wit:
A bill to fix the salary of the Governor of Georgia.
Mr. Duncan, Chairman of the 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 bills, to wit:

8A.'rUIU>4Y, AUGUST 6, 1904.

559

A bill to provide for establishing and maintaining :achools of agriculture and mechanic arts in the respective Congressional districts.

A bill to change the county site of Worth county from Isabella to Sylvester.

A bill to amend charter of Columbus.

A bill .to increase the ~rms of the Superior Oourt in
Chatham county.

A bill to repeal a local law for the toQ. of Camill~ ,approved Sept_~:~mber 9, 1889.
Respectfully suhmitted,
A. B. DUNCAN, Chairman.

The following Senate Bills were read second time and recommitted:

By Mr. ParkA bill to amend the charter of Arlington.

By Mr. Perry-
A bill to provide for and authorize the recording certified copies from record of duly registered deeds and other writings.

By Mr. Mc:Michael-
A bill to amend section 278 of the Code. J

060

JOURNAL OJ' THE SENATE.

The following House bills were read second time and recommitted:
By Mr. Davis-

A bill to appropriate money for the support of the State government for the year 1905.
. .~' < .
By Mr. Reid-
i'.
A bill to provide for the collection of revenues of the State arising under special occupation tax.

By Mr. SlatonA resolution to authorize the correction o certain errors:
in act No. 494.
The following House Bills were read first time:

By Mr. Underwood-
A bill to amend an act amending section 657 of the Code.
Referred to the General Judiciary Committee.

By Mr. Unde-rwoodA bill to amend section 650 of the Code. Referred to the General Judiciary Committee. The following House resolutions were read first time:

By Mr. Thurman-
A resolution to authorize the treasurer to pay the per diem and mileage of the late W. A. P. Lowe.

Referred to the Appropriations Coqrmittee.

SATURDAY, AUGUST 6, 1904.

561

By Yr. Rawles-

A resolution to pay pension of Mrs. E. C. Shearouse to her legal representative.

Referred to the Pensions Committee.

By Yr. Jones-

A resolution to authorize the treasurer to pay the per .diem and mileage of W. R. Welch.

Referred to the Appropriations Committee.

By Yr. Spence-
A resolution to ~uthorize the treasurer to pay the per diem and mileage of R. B. Johnson, deceased.

Referred to the Appropriations Committee.

The following House Bills were read first time :

By Mr. :McHenry-

A bill to appropriate the sum of $2,750 for the use of the School for the Deaf at Cave Spring.

Referred to the Appropriations Committee.

By Yr. Shaakelford-
A bill to appropria~ to the trustees of the University of .Georgia $25,000 to be used in constructing a college for .State Normal school.

B,eferred to the Appropriations Committee.
868 j

562

JoURNAL oF THE SENATE.

By Mr. Hall-

A bill to authorize and instruct the trustees of the Academy for the Blind to sell the present site so a.s to prepare more comfortaJble quarters elsewhere.

Referred to the Academy of Blind Committee.

Mr. Hudson, Chairman of Committee on Pension!\ submitted the following report:

Mr. President:

The Committee on Pensions has had under consideration the following House Resolutions, wJiich it instructs m:e to report with the recommendation that they do pass, to wit:

A resolution to pay pension of B. G. Smith, of Baker county.

A resolution to pay pension of J no. S. Flynt to his daughter.

A resolution to pay pension of Wm. Roberson to his daughter.

A resolution to pay pension of Mrs. Nancy S. Lynch t.) her daughter.
A resolution to pay pension of ;rrwin Humphrey.
Respectfully submitted,
HUDSON, Chairman.

SATURDAY, AUGUST 6, 1904.

563

Mr. Hopkins, Chairman o Appropriations Committee, :submitted the following report:

.Mr. President:
The Committee on Appropriations has had under con.sideration the following House Resolution, which it in.structs me to report with the recommendation that it do pass, to wit:

A resolution to pay $83.08 to ffi 0. Thornton, tax collector o Terrell county.
Respectfully submitted,
H. W. HOPKINS, Chairman.

By unanimous consent the following Senate Bill was recommitted, which was passed on yesterday and recommitted:

"By Mr. Smith-

A bill to amend section 1486 of the Code.

The following House Resolutions were read second time:

l3y Mr. Wooten-
A resolution to pay pension of Irwin Humphreys, a disabled Confederate soldier.

l3y Mr. BeaU-
A resolution to pay pension o Mrs. S. F. Fuller, deceased, to her daughter.

564

JouRNAL OF THE SENATE.

By Mr. Dunbar-

A resolution to pay pension of Mrs. Martha Martin, daughter of Wm. Roberson.

By Mr. Preston-

A resolution to pay pension of Mrs. Nancy Susan Lynch, deceased, to her daughter.

By Mr. Johnson-

A resolution to provide for the payment of pension of B. G. Smith.

By Mr. Shannon-

A resolution to pay pension of Jno. S. Flynt to his daughter.

By Mr. Rainey-

A resolution to pay $83.08 to H. 0. Thornton, tax collector of Terrell county.

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

By Mr. Maples-
A bill to incorporate the town of Maple~, in Mitchell county.

Report of the Committee was agreed to.

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

8ATURDAY, AUGUST 6, 1904:.

565

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

:By Mr. AlfordA bill to incorporate the city of Sylvester.

Report of the committee was agreed to. Upon the pasage of the bill, the ayes were 25, nays 0. The bill having _received the requisite constitutional majority, was passed. .By Mr. GauldenA bill to establish the city court of Quitman. Report of the committee was agreed to.

Upon the pa.saage of the bill, the ayes were 23, nays 0. The bill having received the requisite constitutional majority, was passed.
.:By Mr. Gaulden-
A bill to repeal the act establishing the county court of Brooks county.
Report of the committee was agreed to. Upon the passage of the bill, the ayes were 23, nays 0. The bill having recaived the requisite constitutional majority, wa1 passed. The following resolution was read and adopted: By Mr. Hudson-
A resolution authorizing the State Treasurer to pay the per diem and mileage of the late Senator Roberts.

566

JouRNAL OF THE SENATE.

On motion, the following committee was appointed. todraw suitable resolutions on the death of the late &nator-lRoberts: Senators Skelton, Reid and Merritt.

On motion, the Senate adjourned until Monday morning at 10 o'clock. _

Senate Ohamber,_Atlanta, Ga:., Monday, August 8, 1904.
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 Saturday was read and approved.
Mr. Duncan, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing report as correctly engrossed and ready for transmission to the House the following resolution, to wit:
A resolution to pay the per diem and mileage o thelate Senator Roberts, to his widow.
Respectfully submitted, A. B. DUNCAN, Chairman.

MoNDAY, AuGuST 8, 1904.

567

On motion, House was requested: to return Ho..ise Bill
813 to the Senate, which was passed on Friday, so that some amendments may be offered.

By unanimous consent the following Senate Bill was
taken :from the-table to be put upon its passage:

By Mr. Jordan-
A bill to regulate the running of autom<Ybiles in ~ State.
Report of the committee was agreed to.

Upon the passage of the bill, the ayes and nays were ordered and the vote is as follows:

Those voting in the affi~mative were Messrs.--

Allen, Atkinson, Christie, Clark, Clements, -Comas,
Crumbley, Davis, Duncan, of xoth, Duncan, of 36th,

Harrell, Hopkins, Hudson, Jordan, Ledford, Lewis, Mathews, McLean, Merritt, Middlebrooks,

Moore, Park, Perry, Skelton, Starr, Stevens, Sweat, Symons, Taylor, Tisinger,

Those not voting were Messrs.-

Golden, Hightower, Lee, McClure, McMichael,

Reid, Smith, Sne:.d, Turner,

Van Buren, Williams, Worsham, Mr. President.

Ayes 30., nays 0.

568

JouRNAL OF THE SENATE.

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

Amend section 3 by striking the last three words of line 7 and all of said section following said words.

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

By Mr. JohnsonA resolution to pay pension of B. G. Smith.

Report of the committee was agreed to.

Upon the passage of the resolution, the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Comas, Crumbley, Davis, Duncan, of 10th, Duncan, of 36th, Harrell,

Hopkins, Hudson, Jordan, Mathews, McClure, McLean, McMichael, Middlebrooks,

Those not voting were Messrs.-

Clark, Clements, Golden, Hightower, Lee, Ledford,

Lewis, Merritt, Reid, Smith, Snead, Sweat,

Ayes 25, nays 0.

Moore, Park, Perry, Skelton, Starr, Stevens, Symons, Taylor,
Tisinger, Turner, Van Buren, Williams, Worsham, Mr. President.

MoNDAY, AuGusT 8, 1904.

569

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

Mr. Jordan, Chairman of Committee on Agriculture, submitted the following report:

Mr. President :
The Oommittee on Agriculture has had under consideration the following Senate Bill, which it instructs me to report with the recommendation that it do pass as amended, to wit:

A bill to require commission merchants to furnish bill of sale to the owner, date of sale, etc.
Respect~ully submitted, BlARVIE JORDAN, Chairman.

The following message was received from the House of Representatives through Mr. B'oifeuillet, the clerk thereof:

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

A hill to amend an act, approved December 21, 1900, so as to make an appropriation for the employment of a State Entomologist, and for other purposes.

A bill to fix the pay o county treasuret"S in counties having a population of 75,000 or over.
A bill to incorporate McDonough School District.

570

JOURNAL OF THE SENATE.

A bill to amend an act establishing the city court of Tifton.

A bill to amend an act to incorporate the town of Statham.

A bill to amend the charter of Abbeville.

A bill to amend the charter of Warsaw.

A bill to amend the charter of Jasper.

A bill to amend an act providing for the removal of obstructions from streams of Carroll county.

A bill to amend the charter of Powder Springs.

A bill to amend an Act incorporating the public schools of Blue Ridge.

A bill to amend the charter of Locust Grove.

A bill to amend the charter of Camilla.

A bill to authorize the village of Harrisonville to m... range with the authorities of Richmond county for theworking of persons convicted in its municipal court.

A bill to abolish the county court of Worth county.
A bill to amend an Act establishing a Board of Commissioners of Roads and Revenues for Decatur county.

A bill to amend the charter of Lawrenceville.

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

MoNDAY, AuausT 8, 1904.

571

A resolution to require the treasurer of Jackson county to pay out certain money upon warrants of the Chairman of the Board of Commissioners of Jackson county.

The House has adopted the following joint H()use Relr lution, in which the concurrence of the Senate is asked,. to wit:

A resolution providing for certain statements showing progress of State institutions of learning.

The House has passed by the requisite constitutional majority the following bills of the Senate, to wit:
A bill to amend the act establishing the city court ol
Waynesboro.
A bill to authorize 0. H. Sheffield et a1. to construct a dam or dams across the Savannah river.
A bill to allow the offices of ordinary and judge of the county court of Taliaferro county to be held by the same person.
A bill to incorporate the McDonough school district.
The House has concurred in the Senate amendments to the following bills of the Hk>use, to wit:
A bill to create the office of commissioner of roads and revenues for Oglethorpe county.
A bill to abolish the Board of Commissioners of Roads and Revenues for Oglethorpe county.

A bill to establish the city court of Jackson. In pursuance of the Senate Resolution requesting its

n72

JoURNAL OF THE 8ENAT&

return to the Senate for amendment, the House returna to the Senate the following House Bill, to wit: ~

A bill to amend the charter of Jonesboro.

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 Bill and Resolution, which it has instructed me to report with the recommendation that they do pass, to wit:

A bill to invest in ordinaries and boards of commissioners of roads and revenues authority to erect bridges across navigable streams.

A resolution for relief of Lester Parks, W. H. Gooch and Virgil Parks, sureties of the bond o Lester Parks.

The committee has also had under consideration the following House Bill, which it instructs me to report with the recommendation that it do not pass, to wit:

A bill to amend charter of Waycross, relating to sewerage and drainage.
Respectfully submitted,
B. L. TISINGER, Chairman.

Mr. Hopkins, Chairman of the Committee on Appropriations, submitted the following report:

MoNDAY, AuausT 8, 1904.

573

Mr. President:

The Committee on Appropriations has had under ooneideration the following House Bill, which it instructs me to report with the reoommendation that it do pass, as amended:

A hill to make. appropriations for the ordinary expenses of the State government, etc.
llilspectfully submitted,
H. W. HOPKINS, Chairman.

Mr. Middlebrook, Chairman of the Committee on Corporations, submitted the following report:
-Mr. President:
The Committee on Corporations has had under consideration the following Senate Bill and House Resolution, which it instructs me to report with the reoommendation that they do pass, to wit:
A hill to amend the present charter of the town of Arlington.
A resolution to authorize correction of certain errors in act No. 494 incorporating the town of Westminster.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairml!n.

.574

JouRNAL oF THE SENATE.

Atlanta, Ga., August 8, 1904.

The following message was received fro'll His Excellency the Governor, through his Secretary, Mr. Blackburn:

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 o your honorable 'body in executive session.

The following message was received rom the House of _Representatives through Mr. Boieuillet, the clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority .the following bills of the House, to wit:
A bill to establish the city court of Gwinnett county, in the city of Lawrenceville.
A bill to amend section 892 of the Code, so as to pro-vide for issuing alias tax fi. fas.

A bill to create the city court o Sylvester.

By unanimous consent the following House Bill was Teconsidered and recommitted to the Corporations Committee:

_By Mr. Mitcham-

A bill to amend the charter o Jonesboro.

MoNDAY, AuGusT 8, 1904.

575

The following special order was taken up :

By Mr. Davis--

A bill to make appropriation for the support of the State government for the year 1905.

Report of the committee was agreed to.

Upon the passage of the bill, the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, .Christie, Clark, Clements, Comas, Crumbley, Harrell, Hopkins, Hudson, Jordan, Lee,

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

Snead, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Wilh:uus. Worsham,

Those voting in the negative were Messrs.-

Davis,
Those not voting were Messrs.-

Duncan, of loth, Duncan, of 36th, Golden,

Hightower, Reid,
..1..

Ayes 35, nays 1.

Smith, Mr. President.

576

JOURNAL OF THE SENATE.

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

Amend by inserting between lines 27 and 28, section 3 of the bill the following words :

For compensation of one assistant messenger to be appointed by the messenger and who shall act as door-keeper of messenger's room, four dollars per diem.

Amend section 3, line 42, of bill by striking the word "three" after the words "compensation of'' and inserting in lieu thereof the word "five."

Amend section 3, line 42, of bill by inserting after the word "Senate," the following words: "to be appointed by the messenger."

Amend section 3, line 52 of bill by adding after the word "except" the following words: "as otherwise provided in this act and."
Amend by inserting after the word "these" and before
the word "shall" in line 52 of bill the word "latter."
Amend section 3 by inserting after line 43 of bill the :following: "That the sum of four dollars per day each be appropriated to pay a door-keeper for the cloak room, and a third assistant door-keeper of the Senate for the session of 1904, under a resolution of the Senate. This appropriation to be immediately available.
Amend further by inserting after line 43 for compensation of Clerk of the House, seventy-five dollars, and. o:f the Secretary of the Senate, fifty dollars for preparing

\.

MoNDAY, AuGusT 8, 1904.

577

and mailing pamphlets showing status of unfinished business of the General Assembly for 1903, this appropriation to be immediately available.

Amend section 4 by striking $330,000 in the eighteenth line of the bill and inserting in place thereof $350,000.

Amend section 4, line 57 (printed bill) by striking out the figures $1,000,000 and substituting therefor $900,000.

Mr. Jordan, of the Twenty-eighth, proposes to amend said committee amendment by adding the following words at the end thereof:

"And that such fund,_ or so much thereof as may be necessary, be. made immediately available for the purp!>BeS required."

That the sum of twenty-nine thousand ($29,000) dollars is hereby appropriated to the Trustees of the University of Georgia for the support of said unive-rsity in making good the loss of buildings, furnishings and equipment caused by the destruction of Science Hall and its furnishings and equipment.

For the State University to be expended by and through the direction of the Board of Trustees thereof for the organization and conducting farmers' institutes in this State the sum of $2,500.

Amend section 6 of the bill by striking the following words: "The Geologist shall charge for such service a fee equal to the expense incident to making assay or analysis," the words stricken commencing in line 171 and ending
37 8 j

578

JouRNAL oF THE SENATE.

in line 173. Also by striking the following words: "Said fees when so collected shall be paid into the State Treasury," the words so stricken being in lines 176 and 177.

Amend section 6 by striking from lines 191 and 192 of the appropriation bill the following: "To be paid from the hire of convicts."

Amend section sixth, lines 221, 222 by striking out all of said lines and inserting in lieu thereof the following: For the support and maintenance of the State Board of Health, $7,500, of which sum the secretary shall receive $2,000; for traveling expenses and per diem of said board, $1,000.
For laboratory and bacteriological work, $1,500; for clerk and stenographer $1,000; for vaccine points and other contingencies, $2,000.
- Amendment to section 6, House Appropriation Bill for 1905, at end of section and following amendments already proposed, the following :

To continue the work of the Confederate Roster Commission for 1905, fiye thousand dollars (also) the following: To pay for brass railing in Senate Chamber as per resolution of the Senate adopted iu Augmt, 1903, $177.50, this last to be immediately available.

Arriend by striking out the words "such republished" in line 102, section six.

To amend section 6, line 242, by striking out $750 and inserting in lieu thereof $830.
_j

MoNDAY, AuGusT 8, 1904.

579

Amend section 3, to follow other amendments:

"To pay for three additional Senate pages for Senate "SeSS:.ion of 1904, making total of six pages as authorized l>y Senate Resolution two dollars per day each.

Amend section 3, line 28 of printed bill by adding the words and the head porter of the Senate shall be paid :$3 per day.

Amend by adding at the end of section 6 the following: 'To pay the joint committee appointed at the last session to revise the school laws of Georgia $125, or so much thereof as may be necessary, providing the several -amounts shall be paid upon itemized statements including .a. per diem of $4 per day for actual service performed.

Amend by adding to said section:

"That the sum of one hundred dollars or so much as may be necessary be appropriated to pay the actual expenses and per diem of the joint committee under joint resolution of 1903, who were appointed to investigate the -claim of the Sims heirs against the State, growing out of life passes granted by the Governor of the State in con-
sideration of the right of way for the N. E. R. R. on cer-
tain lands of said heirs, said committee having completed their work and make a report to this session of the Assem-
bly.

Mr. Worsham, Chairman of the Committee on Academ.Y for the Blind, submitted the following report:
Mr. President: The Committee on Academy for the Blind has had

580

JouRNAL oF THE SENATE.

under consideration the following Hbuse Bill, which it instructs me to report with the recommendation that the same do pass, to wit:

A bill to authorize Trustees of the Academy for the Blind to exchange present site for a more commodious one.
Respectfully submitted,
W. A. WORSHAM, Chairman.

The following House Bills and resolutions were read second time and recommitted:
By Mr. Hall-
.A bill to authorize the Trustees of the Academy for the Blind to sell their present site and reinvest in another.
By Mr. Shackelford-
A bill to appropriate $25,000 to the Trustees of the University to be used in constructing a college for the Normal school.
By Mr. McHenry-
A bill to appropriate the sum of $2,750 for the use of the School for the Deaf.

By Mr. Spence--
A resolution to authorize the treasurer to pay the per diem and mileage of R. B. Johnson, o:f Clinch county.

MONDAY, AUGUST 8, 1904.

581

:By Mr. Jones-

A resolution authorizing the treasurer to pay the per diem and mileage of W. R. Welch, deceased, to his widow.

:By Mr. Thurman-
A resolution to authorize the treasurer to pay the per diem and mileage of W. A. P. Lowe, deceased, to his widow.
On motion, the Senate adjourned until 3 o'clock p. m. today.
The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.

The following House Bills were read first time:

"By Mr. Dunbar--

A bill to authorize the authorities of the village of "Harrisonville to arrange with the county authorities of -Richmond county to work 'the public roads.
Referred to the Corporations Committee.

~y Mr. Conner-
A bill to amend the act approved December 2~, 1900,
;amendments of an act approved December 20, 1898, rel-
.a.tive to the Department of Agriculture.
Referred to the Agricultural Committee.

582

JoURNAL OF THE SENATE.

By Mr. Flanigan-
A bill to create the city court of Gwinnett county tobe located in Lawrenceville.
Referred to the Special Judiciary Committee.

By Mr. McHenryA bill to amend section 892 of the Code. Referred to the General Judiciary Committee.

By Messr8. Holder and Hardman-
A bill to amend the act incorporating the town of Statham.
Referred to the Corporations Committee.

By Messrs. Pate and Flanigan-

A bill to create a ,new charter for the town of Law-renceville.
Referred to the Corporations Committee.

By Mr. BowenA bill to amend the charter of the city of Abbeville.
Referred to the Corporations Committee.

By Mr. Steed-
A bill to amend the act providing for; the removal of obstructions from tne running streams of Carroll county~
Ref~rred to the Special Judiciary Committee.

MONDAY, AUGUST 8, 1904.

583

By Mr. Cann-

A bill to amend the acts amending the charter of the town of Warsaw~

Referred to the Corporations Committee.

By Mr. Jones---

A bill to amend the act incorporating the town of J asper, in Pickens county.

Referred to the Corporations Committee.

By Mr. Knight-

A bill to amend the act establishing the city court of Tifton.

Referred to the Special Judiciary Committee.

By Mr. Davis-
A bill to amend the act incorporating the public schools of Blue Ridge.

Referred to the Educational Committee.

By Mr. Redwine-
A bill to amend the act incorporating the town of Locust Grove.

Referred to the Special Judiciary Committee.

By Mr. AlfordA bill to abolish the county court of Worth county.

Referred to the Special Judiciary Committee.

684

JOURNAL OF THE 8ENA.T&

By Messrs. Brinson and Bower-
. A bill to revise, consolidate and amend the act establishing the Board of County Commissioners of Decatur county.

Referred to the Special Judiciary Committee.

By Mr. Blackburn-
A bill to fix the compensation of county treasurer of counties having a population of 75,000.

Referred to the Special Judiciary Committee.

By Mr. RedwineA bill to incorporate the McDonough School District. Referred to the Educational Committee;

By Mr. MaplesA bill to repeal local laws for the town of Camilla. Referred to the Corporations Committee.

By Mr. MorrisA bill to amend the charter of Powder Springs. Referred to the Corporations Committee.

By Mr. Alford-

A bill to establish the city court of Sylvester, in Wortli

county.

.J

Referred to the Corporations Committee.

MoNDAY, AuGUST 8, 1904.

586

The following House Resolutions were read first time : By Mr. Calvin-

A resolution providing for certain statements of tables showing progress of State institutions.
Referred to the "Educational Committee.

:By Messrs. Holder and Hardman-
A resolution to auth~rize and require the treasurer of Jackson county to pay certain sums of money on warrant of Chairman of the Board .of County Commissioners of Jackson county.

Referred to the Special Judiciary Committee.

The following resolution was read third time, to be put upon its passage:

:By Mr. Slaton-

A resolution to correct act No. 494, which passed at the present session.

Report of the Committee was agreed to.

Upon the passage of the resolution, the ayes were 271 nays 0. The resolution having received th.e requisite con-
:atitutional majority, was passed.

Mr. Mathews, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:

The Committee on Railroads has had under consider-

586

JOURNAL OF THE SENATE.

ation the following Senate Bill, which it instructs me to report with the recommendation that it do not pass, to
wit:

A bill to require railway companies and other carriers: to equip their flat cars with standards, etc.
Respectfully submitted,
H. A. MATHEWS, Chairman.

Atlanta, Ga., August 8, 1904.
The following message was received from His Excellency the Governor, through his secretary, Mr. Blackburn:
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 oonsent the following Senate Bill was taiken from the table to be put upon its passage:

By Mr. Perry-

A bill to maike it unlawful for any person in this State to use any railroad pass or telephone or telegraph franks.
On motion, this bill was indefinitely postponed.
The following House Resolution was taken up to be acted upon:

MoNDAY, AuausT 8, 1904.

587

By Mr. Calvin~
A resolution providing for certain statements of tables showing progress of State instituti&ns.

This resolution was ooncurred in.
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 it do pass as amended, to wit:
A bill to incorporate the town o McCaysville in Fannin county.
Respectfully submitted, L. L. MIDDLEBROOKS, Chairman.

Mr. Duncan, Chairman of the Committee on Temperance, made the following report:
Mr. President:
The Committee on Temperance has had under oonsid eration the following bill of the House, which I am instructed to report back, with the recommendation that it "do pass":

A bill to amend an act to establish, maintain and reg-

ulate a dispensary in the town of Hogansville, in Troup

county, and for other purposes.

'

Respectfully submitted,

J. T. D:UNCAN,

Chairman.

688

JouRNAL oF THE SENATE.

Senate Bill No. 174 was indefinitely postponed.

By unanimous consent the following House Bill was taken up, which had been withdrawn from the Governor.

By Messrs. Davison and Underwood-
A bill to authorize the Pension Commissioner to pay over to the ordinaries of this State pensions that may be due the pensioners, who may die before the same reaches them.

Report of the Committee was agreed to.

Upon the passage o 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 36th, Harrell, Hopkins, Jordan,

Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael,
Merritt~
Middlebrooks, Moore, Reid,

Those not voting were Messrs.-

Skelton, Snead, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Williams, Worsham,

Crumbley, Duncan, of Ioth, Golden, Hightower,

Hudson, Park, Perry,

Smith, Turner, Mr. Prc:icent.

Ayes 33, nays 0.

MoNDAY, AuousT 8, 1904;

589

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

The amendments are:
Mr. Ledford, of Fortieth, proposes to amend to House Bill No. 638, 1903, by striking all of section first of said bill after the word pensioner in the twelfth line, and add in lieu thereof the following:

Provided the pensioner dies in this State and leave no widow or dependent child or children (or any estate o any kind or value) to be by him paid to his widow ~nd if no widow, applied to the payment of his or her funeral expenses, and to ,such expense of last illness as may be shown by a sworn statement (of such) to be attached to the voucher when presented for payment. If there be any surplus" the same to be refunded to the State Treasury.

The following message was received from the House of Representatives through Mr. Boifeuillet, the clerk thereof:
Mr. President:
The House, has pasiled by the requisite constitutional major-ity the following bills and resolutions of the House, to wit:
A bill to amend an act for the protection of game and :fish, approved August 17, 1903.

A bill to make an appropriation to the trustees of the Stare Univer.sity for the use of the Georgia Normal and Industrial Oollege.

A bill to incorporate Hochston School District.

.090

JOURNAL OF THE SENATE.

A bill to authorize the payment of pensions of ~ soldiers or widows of soldiers to their lawful heirs in certain cases.

A resolution to pay pension of Carrie Wilson to her daughter.

A resolution to make an appropriation for a chemical laboratory for the State Technological School.

A resolution to appropriate $29,000 to the Trustees of the University of Georgia to rebuild and equip Science Hall at Athens.

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

A resolution appointing a commission to represent the State at the Jamestown Exposition.

The following House Resolutions were taken up to be put upon their passage:

'By Mr. Bell-
A resolution to pay pension of Mary E. Mize to her
oSOn.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, .Clark,

Comas; Davis, Duncan, of 36th, Harrell,.

Hopkins, Jordan, Lee,
~Ledford,

~ONDAY, AUGUST 8, 1904.

591

Lewis, Mathews, McClure, McLean, Merritt, Middlebrooks,

Moore, Perry, Reid, Snead, Starr, Ste\ens,

Sweat, Taylor, Turner, Van Buren, Williams, Worsham,

Those voting in the negative were Messrs.-

McMichael,

Symons,

Tisinger,

Those not voting were Messrs.-

Clements, Crumbley, Duncan, of 10th, Golden,

Hightower, Hudson, Park,

Ayes 29, nays 3.

Skelton, Smith, Mr. President.

The resolution having received the requisite constitu tional majority, waspassed.

By Mr. StanfordA resolution to pay pension of Sarah Blackman.

Report of the committee was agreed to.

This being an appropriation, the ayes and nays were {)rdered, and the vote is as follows :

Those voting in' the affirmative were Messrs.-

Atkinson, Christie, Clark, Comas, Davis, Duncan, of 36th, Harrell, Hopkins, Jordan,
.Lee,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks, Moore, Reid,

Skelton, Snead, Starr, Stevens, Sweat, Tisinger, Van Buren, Wiliiams, Worsham,

592

JouRNAL OF THE SENATE.

Those not voting were Messrs.- .

Allen, Clements, Crumbley, Duncan, of 1oth, Golden,

Hightower, Hudson, Park, Perry, Smith,

Symons, Taylor, Turner, Mr. President

Ayes 29, nays 0.

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

By Mr. Preston-
A resolution to pay pension of Mrs. Nancy Susan Lynch to her daughter.

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, Comas, Davis, Duncan, of 36th, Harrell, Hopkins,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, Merritt, Middlebrooks, Moore,

Reid, Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Crumbley, Duncan, of 10th, Golden, Hightower, Hudson,

McMichael, Park; Perry, Skelton,

Ayes 30, nays 0.

Smith, Symons, Turner, Mr. President

MoNDAY, AueusT 8, 1904.

593

The resolution having received the requisite constitu-tional majority, was passed.

:By Mr. Blackburn-
A resolution to pay pension of J no. R. Miles.
This resolution was tabled.

:.By Messrs. Tigner and Steed-:-A resolution to pay pension of A. J. Hobbs, of Taylor
~unty.
Report of the committee was agreed to.

Upon the passage of the resolution, the ayes and nays -were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Atkinson, Christie,
~lark, ~lements,
.Comas, Davis, Duncan, of Ioth, Duncan, of 36th, Harrell, 1Iightower,

Hopkins, Jordan, Lee, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks,

Moore, Reid, Snead, Starr, Stevens, Symons, Taylor, Tisinger, Williams, Worsham,

Those not voting were Messrs.-

Allen, .Crumbley, -Golden, Hudson, Ledford,

Park, Perry, Skelton, Smith,

Sweat, Turner, Van Buren. Mr. President.

Ayes 30, nays 0.
38 sj

694

JouRNAL oF THE SENATE.

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

By Mr. Shannon-

A resolution to pay pension of J no. S. Flynt to his

daughter.

.

Report of the Committee was agreed to.

Upon the passage of the. resolution, the ayes and nays. were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duncan of lOth, Duncan of 86th, Harrell, Hightower,

Hopkins, Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrooks,

Moore,
RE~id,
Snead, Starr, Stevens, Sweat, Taylor, Van Buren, Williams. Worsham,

Those not voting were Messrs.-

Crumbley, Golden, Hudson, Park,

Perry, Skelton, Smith, Symons,

Ayes 32, nays 0.

Tisinger, Turner, Mr. President.

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

By Mr. WootenA resolution to pay pension of Irwin Humphreys. This resolution was tabled.

MoNDAY, AuousT 8, 1904.

595

By Mr. Rainey-
A resolution to pay to H. 0. Thornton, tax collector of Terrell county, $83.08.

Report of the committee was agreed to.

Upon the passage of the resolution, 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 36th, Harrell, Hightower, Hopkins,

Jordan, Lee, Lewis, Mathews, McClure, McLean. McMichael, Merritt, Middlebrooks, Moore, Reid,

Snead, Starr, Stevens, Sweat, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Crumbley, Duncan, of 10th, Golden, Hudson,

Ledford, Park, Perry,

Ayes 33, nays 0.

Skelton, Smith, Mr. President.

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

By Mr. Dunbar-
A resolution to pay pension o Mrs. Martha Martin, daughter o William Robinson.

Report o the committee was agreed to. This bill was tabled.

596

JoURNAL OF THE SENATE.

The following House Bills were read second time:

By :Mr. Rankin-

A bill to authorize the ordinaries or county commissioners of this State to erect bridges across navigable streams.
By :Mr. Roper-
A resolution for the relief of Lester Parks, w. H.
Gooch and Virgil Parks.

By unanimous consent, the following Senate Bill was . taken up:

By :Messrs. :Moore and :McLean-
A bill to require commil'l!3ion merchants to furnish the name of the purchaser to the owner.

&port of the committee was agreed to.

Upon the passage of the bill, the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Christie, Clark, Davia, Duncan of 36th, Harrell, Hopkins,

Jordan, Lee, Lewis, McClure, McMichael, Merritt, Moore, Reid,

Snead, Starr, Sweat, Taylor, Turner,
Williams,
Worsham.

Those voting in the negative were Messrs.-

C,mas, Mathews,

Stevens, Symons,

Tisinger.

MoNDAY, AuousT 8, 1904.

597

Those not voting were Messre.-

Clements, Crumbley, Duncan of lOth, Golden, Hightower,

Hudson, Ledford, McLean, Middlebrooks, Park,

Perry, Skelton, Smith, Van Buren, Mr. President.

Ayes 23, nays 5.

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

The amendments are :

Mr. Jordan, of the Twenty-eighth, amends th~ amendment by adding the following words after the word "shipped" in the last line thereof:

"And if any consignment as shippe'd from the producer to the commission merchant, except cotton, is sold in broken p_arts by said commission merchant the terms of this bill shall not apply."

Amend the bill by striking the original amendment proposed by the committee ~nd inserting the following:

Amend section 1 by inserting after word "for" in fourth line the words "cotton or for'' and by inserting after the word "meats" in sixth line the words "when such farm, garden and horticultural products or poultry, beef, pork, and such meats are sold in original packages as shipped."

Amend caption by inserting "cotton or in" after the word in in second line and inserting after the word meats in fourth line "when such farm, garden and horticultural products or poultry, beef, pork, and such meats are sold in original packages as shipped.''

598

JOURNAL OF THE SENATE.

By unanimous consent the following Senate Bill was taken up with adverse report from committee:

By Mr. Comas-

A bill to require railway companie;; and other cllmmoH carriers to equip flat cars for carrying lumber.

Mr. Hopkins moves to disagre~ to the report of the committee, which motion prevails.

Upon the passage of the bill the ayes and J}ays were ordered, and the vote is as follows:

Those voting in the affirmative were Messr,; . -

Allen, Christie, Clements, Comas, Davis, Harrell, Hopkins, Jordan, Lee,

Ledford, Lewis, Mathews, McLean, McMichael, Merritt, Middlebrooks, Moore, Park,

Snead, Starr, Stevens, Sweat, Symons, Taylor, Turner, Worsham,

Those voting in the negative were Messrs.-

Atkinson, Clark, Crumbley,

McClure, Reid, Skelton,

Van Buren, Williams,

Those not voting were Messrs.

Duncan,. of roth, Duncan, of 36th, Golden,

Hightower, Hudson, Perry,

Ayes 26, nays 8. '"

Smith, Tisinger, Mr. President

l\'IONDAY, AuGU~>T 8, 1904.

599

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

The amendments are:

Amend section 3, line 1 by striking out the figures $5 :and insert $1.

By unanimous consent the following Senate Bill was taken up to be put upon its passage:
J3y Mr. Hopkins-

A bill to amend section 826 of the Oode.

The Senate reconsiders its action in agreeing to the report of the committee.

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 as amended:
By striking the word mode in the fourteenth line .of section 1 ; by striking out of line 15, section 1, the words "used in the prosecution" and insert in lieu thereof the words "forming part of the Oapital; also make same Corrections when it occurs later.

Amend section 1 by adding after the words ';carried .on" in the nineteenth line of said section; also after the words "carried on" in the thirty-fifth line o!_ said section the following words: provided that the provisions of this .act shall not apply to corporations required by law to make, their returns to the Comptroller-General.

600

JouRNAL oF THE SENATE.

Senate Bills Nos. 175 and 176 were indefinitely postponed.

Senate Bill No. 319 was tabled.

The following Senate Bills were read third time, to be, put upon their passage:

By Mr. Park-
A bill to amend the present charter of the town of Arlington.

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 con.;titutional ma-jority, was passed.

By Mr. DuncanA bill to amend section 1254: of volume 1 of the Code_

Report of the committee was agreed to.
Upon the passage of the bill, the ayes were 25, nays o_

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

Senate Bill No. 315 was tabled.

The following bill of the Senate was taken up with~ House amendments and the amendments were concurred. in:

TUESDAY, AUGUST 9, 190-l.

601

By Mr. Stevens--

A bill to authorize 0. H. Sheffield and Granth:nd Beall. to construct a dam across the Savannah river.

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

Senate Chamber, Atlanta, Ga., Tuesday, A~oust 9, 1904.

The Senate met pursuant to adjournment at ~0 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 of Representatives through Mr. Boifeuillet, the clerk thereof:

Mr. President:
The House ha:s passed, by the requisite constitutional majority, the following bills of the House, to wit:
A bill to fix fees of notaries public.

A bill to provide for the payment of the insolvent costs.

of constable;;, justices of the peace and nota;ies public of

McDuffie oounty in misdemeanor cases.

-

602

JOURNAL OF THE SENATE.

A bill to recognize, protect and aid the Georgia Industrial Home and other child-saving institutions in this .State.

A bill to amend the charter of Rome.

A bill to amend the charter of High Shoals.

A bill to require certain officers to make weekly settlements.

A bill to amend the charter of Macon.

A bill to repeal an act incorporating the town of Rising Fawn.

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

A resolution to appropriate $500 for the purchase of an -oil painting of the late <kneral John B. Gordon.

A resolution to appropriate $60 to pay the pension of Mrs. Matilda A. West, deceased, for the purpose of paying her debts incurred in her last illnes~.

A resolution to provide for certain payment to Captain .James R. Atwater, for armory rents for the Upson Guards.

A 'resolution to pay the pension of Mrs. Mary Guy to the ordinary of Schley county for certain purposes.

A resolution to pay the pension of Hannah Harris to her son.

TUESDAY, AUGUST 9, 1904.

603

A resolution to pay the pension of Sarah King to her
-:son.

A reMlution to pay the pension of William Futch to :his widow.

A resolution to pay the pension of Adeline Harris to her son.

A resolution to pay the pension of William Roberson to his daughter.

A resolution tJo pay pension of Harriet E. :Malone to her .son.

A resolution to pay pension of Thomas F. Person to his widow.

A resolution to pay the pension of A. L Erwin to his daughter.

The House has adopited the following joint House resOlution in which the concurrence of the Senate is asked, 1:o wit:

A resolution providing for a committee to wait on Gen. Lee and Col. Goode.

Messrs. Preston, Leigh and Grice have been appointed >On the part of the House.
A bill to amend the charter of Stillmore.
A bill to repeal an act incorporating the town of Ooch-
~ran.
A bill to create a new charter for Cochran.

604

JoURNAL OF THE ::SENATE.

A bill to amend an Act creating the city court of Elberton.
The following Honse Bills and Resolutions were read. first time:

By Messrs. Preston and Beauchamp--
A bill to authorize the payment of pensions of deceased soldiers or widows of soldiers in certain cases.
Referred to the Pensions Committee.

By Mr. HardenA bill to amend the game laws of this State.

Referred to the General Judiciary Committee.

By Mr. Howard-
A bill to make an appropriation to the trustees of theState University.

Referred to the Appropriations Committee.
By Messrs. Holder and Hardman-
A bill to incorporate the Hoschton public graded schools in Jackson county.
Referred to the Educational Committee.

By Messrs. Brown and Houston-
A resolution to pay pension of Carrie Wilson o :Muscogee county, to Mrs. J. T. Sistrunk.

Referred to the Pensions Committee.

TuESDAY, AuousT 9, 1904.

605

:By Mr. Slaton-

A resolution appropriating conditionally for the building of a chemical laboratory at the Technological School.

Referred to the Appropriations Committee.

:By Mr. Shackelford-

A resolution to appropriate $29,000 to the trustees of the University to rebuild and equip Science Hall.

Referred to the Appropriations Committee.

By Mr. Fields-
A resolution to appoint a committee to represent the State at the Jamestown Exposition.
This resolution was concurred in.

Mr. Smith gave notice that he would move to reconsider Senate B'ill No. 318, whi~h was passed yesterday.

Mr. Smith moves to reconsider the 11ction of the Senate in passing the following bill on yesterday:

By Messrs. McLain and Moore-
A bill to require commission merchants to furnish the name of the purchaser to the owner.
The motion was lost.
The following House resolution was taken up and adopted:

606

JOURNAL OF THE SENATE.

By Mr. Calvin-
A resolution to appoint a co~mittee to wait upon Gen_ Fitzhugh Le and Col. Goode.
~
Committee are Senators Smith and Jordan.

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 and Resolution,. which it in:>tructs me to: rep1nt with the recommendation that they do pass, to wit:

A bill to revise and consolidate the Acts establishing a Board of Commissioners of Roads and Revenues for Decatur county.

A bill to abolish the county court of Worth.

A bill to fix the pay of county treasurers in counties having over 75,000 population.

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

A bill to amend the charter of Locust Grove.

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

A resolution to require treasurer of Jackson county tOo pay out certain moneys collected under the alternative road law.
Respectfully submitted, B. L. TISINGER, Chairman..

TuEsDAY, AuGUST 9, 1904.
Mr. Duncan, chairman of the 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 bills, to wit:
A bill to require railway companies to equip flat cars . with standards, etc.
A bill to regulate the speed of automobiles and likemachines.
A bill to require commission merchants to furnish to owner, date, price and name of purchaser of consignmentgoods, etc.
A bill to amend section 1254, volume 1 of Code.
A bill to amend the charter of Arlington.
A bill to amend section 826, volume 1 of Code. Respectfully submitted, A. B. DUNCAN, Chairman.
Mr. Middlebrooks, chairman of the Committee on Cor-porations, submitted the following report:
Mr. PreWlent:
The Committee on Corporations has had under consi&-eration the following House Bills, which it instructs me,

-608

JouRNAL OF 'l'HE SEXATE.

to report with the recommendation that they do pass, to wit:

A bill to create a new charter for the city of Lawrence-ville, Ga.

A bill to repeal local laws for the town of Camilla.

A bill to amend charter of city of Abbeville. A bill to amend charter of town of Statham. A bill to amend act to incorporate the town of J as-per. A bill to amend charter of town of Warsaw. A bill to amend charter of Powder Springs.

A bill to authorize authorities of Harrisonville to arTange for working of convicts of the municipality on the public works of Richmond county.

A bill to establish the city court of Sylvester.

A bill to amend the charter of Jonesboro.
Respectfully submitted, L. L. :MIDDLEBROOKS, Chairman.

The :following House Bill was taken up to be put upon its passage:

TuESDAY, AuGusT 9, 1904.

609

~yr. Hall-

A bill to authorize the board of trustees of the School -for -the Blind to sell the present site so as to purchase a :more comfortable one.
Report of the committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
The following House Bills were read first time:

By Mr. FosterA bill to amend the act incorporating High Shoals in
walton county.
Referred to the Corporations Committee.

:By.Mr. Brock-
A bill to repeal an Act incorporating the town of Rising Fawn.
Referred to the Special Judiciary Committee.

.By Mr. McHenry-

A bill to amend the charter of Rome so as to extend -the limits.
Referred to the Corporations Committee'.
S9s J

610

JoURNAL OF THE SENATE.

By Mr. Watson-

A bill to provide for the payment of insolvent eosts: to the officers of McDuffie county.

Referred to the Special Judiciary Committee.

By Mr. Felder-

A bill to recognize, aid and protect the Georgia Indus-trial Home.
Referred to the General Judiciary Committee.
By Mr..Daniel-
A bill to amend the act incorporating the town of Stillmore.
Referred to the Corporations Committee.

By Messrs. Hawes and Martin-:-
A bill to amend section 35 of an act establishing thecity court of Elberton.

Referred to the Special Judiciary Committee.

By Mr. GriceA bill to create a new charter for Cochran.

Referred to the Corporations Committee.

By Mr. Grice-
A bill to repeal the act incorporating the tDwn of Cochran.

&erred to the Corporations Committee;



TUESDAY, AUGUST 9, 1904.

611

By Mr. Hall-
A bill to make all officers collecting taxes other than tax collectors to make weekly reports.
Referred to the General Judiciary Committee.

By Mr. Feldel"A bill to amend the charter of the city of Macon. Referred to the Corporations Committee.

By :Mr. Calvin-
A bill to :fix the fees of notary public and other officers in this State.
Referred to the Special Judiciary Committee.

By Mr. DunbarA resolution to pay pension of William Robison to
Martha Martin. Referred to the Pensions Committee.
By Mr. English-A bill to pay pension to Mrs. Thos. F. Person, of War-
ren county. Referred to the Pensions Committee.
By Mr. Morton-
A resolution to pay pension of Hannah Harris to her son.

Referred to the Pensions Committee.

612

JOURNAL OF THE SENATE,

By Messrs. Moses and Leigh-
A resolution to pay pension of Mrs. Adeline Hiut-s to her son.

Referred to the Pensions Committee.

By Mr. BlackburnA resolution to pay pension of Wm. Futch to his widow. Referred to the Pensions Committee.
By Mr. WombleA resolution to provide for certain payment to Captain
J as. R. Atwater for armory rent. Referred to the Special Judiciary Committee.

By Mr. Baldwin-
A resolution to pay pension of Mrs. Mary Guy to thtl Ordinary ot Schley county.

Referred to the Pensions Committee.

By Mr. McHenryA resolution to appropriate $60 to Sallie Erwin to pa_y
pension due A. L. Erwin.
Referred to the Pensions Committee.
By Mr. LittleA resolution to appropriate $60 to pay pension o: Ma-
t:lda A. West. Refer: ::1 to the Pensions Committee.

TuESDAY, AuGusT 9, 1904.

613

By Mr. Mayson- .

A resolution to appropriate $500 to purchase an oil painting of General Gordon.

Referred to the Appropriations Committee.

By Mr. WootenA resolution to pay pension due Sarah King for 1904.

Referred to the Pensions Committee.

By Mr. Preston-

A resolution to pay pension of Mrs. Harriet E. Malone, widow of Franklin Malone.

Referred to the Pensions Committee.

The- following House Bills were read second time and recommitted :

By Mr. UnderwoodA bill to amend section 650 of the Code.

By Mr. McHenryA bill to amend section 892 of the Code.

By Mr. UnderwoodA bill to amend section 657 of the Code,

By Mr. Flanigan-

A bill to create and establish the city court of Gwinnett county.

614

JOURNAL OF THE SENATE.

The following Illiuse Bill was taken up with adverse report from the committee:

By Mr. Spence-

A bill to amend the aat authorizing the establishment and maintenance of a system of sewerage for Waycross.

Report was agreed to and bill lost.

The following House Bills read the second time :

By ::Mr. Cann-

A bill to be entitled an act to amend an aat entitled to amend, revise and consolidate the several acts granting corporate "authority to the town of Warsaw.

By Messrs. Pate and Flanigan-

A bill to be entitled an act creating a new charter for the city of Lawrenceville.

By Mr. Morris--
A bill to amend the charter of the town of Powder Springs.

By Mr. Dunbar-
A bill authorizing the village of Harrisonville to arrange with authorities of Richmond county for the working on public works of said county of persons convicted in the municipal courts of Harrisonville.

TUESDAY, AUGUST 9, 1904.

615

:By Mr. Alford-
A bill to be entitled an act to establish the city court of ~Sylves~r in and fQr the county of W or:h.

:By Mr. Steed-
A bill to be entitled an act to amend an act providing
for the removal of obstructions from the running streams .of Carroll county, approved August 15, 1903.

~By :Mr. Alford-

A bill to abolish the county court of Worth county.

:By Messrs. Maples and Mitchell-

A bill to be entitled an Act to repeal local laws for :the town of Camilla, G~., approved September 20, 1889.

~By Mr. Jones-

A bill to amend an act entitled "an act to incorporate --the town of Jasper, in the county of Pickens, approved :September 21, 1883.

.Ry Mr. Cann-

A bill to amend an act approved December 21, 19001 :amendatory of an act approved December 20, 1898.

_By Messrs. Holder and Hardman-

A bill to be entitled an act to amend an act to incorpor.ate the town of Statham, in Jackson county, approved December 5, 1902, so as to authorize the mayor and couno(lil. to issue bonds to the amount of $5,000 for the purpose -<>f erecting1: school house.

61t3

JOURNAL OF THE SENATE.

By Mr. BowenA bill to amend the charter of the city of Abbeville.

By Mr. Blackburn-

A bill to fix the pay of county treasurers in countieshaving a population of 75,000 or over.

By Messrs. Brinson and Bower__;

A bill to be entitled an act to revise, consolidate and amend the act establishing a Board of UommiiSSioners of Roads and Revenues for Decatur county, approved De- cember 13, 1871, and all acts amendatory thereto.

By Messrs. Holder and Hardman-
A resolution to be entitled an act to authorize and require the treasurer of Jackson county to pay out a certain sum of money collected under the alternative road law uoon the warrants of the Chairman of the Board of Commissioners of Jackson county.

By Mr. Knight-

A bill amending an act establishing the city court. of' Tifton.

By Mr. Redwine-
A bill amending an act incorporating the town of Locust Grove.

By Messrs. Brown and Welborn-

A bill to be entitled an act to incorporate Jibe town of"

McCaysville, in the county of Fannin.

''

TuESDAY, AuGusT 9, 1904.

617"

The following House Bills and Resolutions were read third time to be put upon their passage:

By Mr.Rankin-
A bill to vest in Ordinari~s or Boards of Commissions' of this State the authority to erect bridges across the navigable streams.

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.

.

By Mr. Roper-
A resolution for the relief ot Lester Parks, W. H. Gooch. and Virgil Parks.

Report of the Committee was agreed to.

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

The resolution having received the requisite constitutional majority was passed.

By Mr. Beall-
A resolution to pay pension of Mrs. S. F. l!'uller, de-ceased, to her son.
Report of the committee was agreed ro.

..SIS

JouRNAL oF THE SENATE.

Upon the passage of the resolution, 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, Duncan, of roth, 'Duncan, of 36th, Harrell, 'Hopkins,

Hudson, Jordan, Lee, Ledford. McClure, McLean, McMichael, Merritt, Middlebrooks, Moore,

Reid, Skelton, Smith, Stevens,
Sweat, Taylor, Turner, Van Buren, Williams, Worsham,

Those voting in the negative were Messr8.-

:Davis,

Those not .voting were Messrs.-

"Crumbley, Golden, Hightower, .Lewis,

Mathews, Park, Perry, Snead,

Ayes 30, nays 1.

Starr, Symons, Tisinger, l\lr. President

The resolution having received the requisite constitutional majority was passed.

By Mr. Wooten-

A resolution to pay pension of Irwin Humphreys for three years.

Report of committee was agreed to.

Upon the passage of the resolution the ayes and nays -were ordered, and the vote is as follows :

TuESDAY, AUGUST 9, 1904.

619

'Those voting in the affirmative were Messrs.-

.Atkinson, <:lark, Clements, Davjs, Duncan, of 36th, 'Harrell, Jordan, "Lee, Lewis,

Mathews, McClure, McLean, Merritt, Middlebrooks, Moore, Reid, Skelton,

Smith, Starr, Stevens, Sweat, Symons. Taylor, Tisinger, Williams.

Those not voting were Messrs.-

Allen, Christie, Comas, <:rumbley, Duncan, of Ioth, '(;olden,

Hightower, Hopkins, Hudson, Ledford, McMichael, Park,

Ayes 25, nays 0.

Perry, Snead, Turner, Van Buren, Worsham, M.r. President.

The resolution having received the requisite constitutional majority was passed.

:By Messrs. Ridley and Dozier-
A bill to amend the act establishing the dispensary in .Hogansville.
Report of the. committee was agreed to.
Upon the p!lssage of the bill, the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

620

JouRs,u. oF THE SE~ATE.

Senate Bill No. 315 was tabled.

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

By :M:r. Mitcham-



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

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 _passe~.

By :M:r. Reid-

A bill to appropriate one thousand dollars additional for the year 1904 for the payment of rewards.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.~

Allen, Atkinson, Christie, Clark, Clements, Comas, Davis, Duncan, of 10th, Duncan, of 36th, Harrell,

Hudson, Jordan, Lee, Ledford, Mathews, McClure, McLean, McMichael, Merritt, Reid,

Smith, Starr, Stevens, Sweat, Taylor, Tisinger, Tumer, Van Buren, Williams,

TUESDAY, AUGUST 9, 1904.

621

Those voting in the negative were Messrs.....:....

Lewis,

Those not voting were Messrs.-

Crumbley, Golden, Hightower, Hopkins, Middlebrooks,

Moore, Park, .Perry, Skelton,

Snead, Symons, Worsham, Mr. President.

Ayes 29, nays 1.

The bill having received the requisite constitutional majority was passed.

The following House Bills were taken up with adverse report from committee:

By Mr. Davis-.
A bill to create a new charter for the town of Mineral :Bluff.

Report of the committee was agreed to and bill lost.

:By Mr. Felder-
A bill to be entitled an act for the relief of J. W. Wil-
<lOX.

Report of the committee was agreed tD and bill lost.

At 12 o'clock the Senate went into executive session.

On motion, the Senate adjourned until 2 :45 o'clcck this p. m.

622

JOURNAL OF THE SENATE.

The Senate was called to order at 2 :45. Was called toorder by the President.

On motion, the roll-call was dispensed with.

Senator Christie was granted leave of absence for the remainder of the session.

Senator Van Buren was appointed as a committee of one from the Senate to select the portrait of Gen. Jno. B. Gordon.

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

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

A resolution to make an appropriation to purchase :filing cases for the Commissioner of Pensions.

A resolution to pay the pension of J. F. M. Cain to his. widow.
A resolution to pay the pension of George Michael to. Elbert Withington.
A resolution to pay the pension of Thomas Dunman to his sister.
A resolution to authorize the Prison Commission to. provide work for certain convicts.

TUESDAY, AUGUST 9, 1904.

The House has adopted the following House joint re~o-

lution, in which the concurrenCe of the Senate is asked,..

..,

to wit:

A resolution providing for bringing up the unfinished. business of the session.
The House has passed by the requisite constitutional" majority, as amended by the Hbuse, the following bill or the Senate, to wit:
A bill to prescribe salaries for the judges o: the Su~ preme Court and .judges of the superior courts of this; ' State.

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

}fr. President:

The Committee on Enrollment report as- duly enrolled and ready for the signatures of the President of the Senateand Speaker of the House, the following Acts,. to wit:
An Act to authorize 0. H. Sheffield et al. and Gran-ville Beall et aL to construct a dam or dams across theSavannah river.

An Act to authorize the ordinary and judge of the county oourt of Taliaferro county to be the same person..
An Act to incorporate the McDonongh school district. Respectfully submitted, W.. F.. SYMONS, Chairman..

624:

JouRNAl. oJ<' THE SENATE.

Mr. Symons, chairman of the Enrollment Committee, sub~itted the following raport:
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 Governo.r, the following Ac1:5, to wit :
An Act to authorize 0. H. Sheffield et al., and Granville Beall et al., to construct a dam or dams across the -~Savannah river.

An Act to authorize the ordinary and judge of tht .county court of Taliaferro county to be the same person.

An Act to incorporate the McDonough schoql district. Respectfully submitted, W. F. SYMOXS, Chairman.

The following House resolutions were read first time:

By :M:r. Brock-

.

A resolution to authorize the Prison Commission to

provide work for a certain class of convicts and make

eontracts for the same.

Referred to the General Judiciary Committee.

'By Mr. Johnson-
A re80lutio1t to pay pension of Thomas Dunman to his .sister.
Referred to the Pensions Committee.

TuESDAY, AuGUST 9, 1904.

625

J3y nfr. Flanigan-

A resolution to pay pension of J. F. :McCain.

Referred to the Committee on Pensions.

By }Ir. Valentine-

A resolution to pay pension of Georgia :Michael.

Referred to the Committee on Pensions.

By :Mr. Hawes-
A resolution for appropriation to purchase filing cases for the office of the Commissioner of Pensions.

Referred to the Appropriations Committee.

By :Mr. Wellborn-
A resolution to provide for the bringing up of the unfinished business of the session.

This resolution was concurred in.
The following Senate bill was taken up with House amendment, and the amendment was ooncurred in:

By Mr. Comas-
A bill to prescribe the salaries of the judges of the Su\Preme Court and judges of the superior court" of this State.

The amendment is as follows:

Amend by adding new section to be known as section :2 in the following words:
40 sj

626

JoURNAl, OF THE :SENATE.

Section 2. It shall be unlawful for any judge of the Supreme or superior courts of this State to receive for himself or any member of his family, either directly or indirectly, any favor from any railroad company, or any railroad free pass, or any like favor from any telephone,. telegraph or express company, or like quasi public corporation, not enjoyed by the general public, and any violation of the provisions of this section shall be a ground of impeachment.

Further amend by numbering remaining sections accordingly.

And said increase to $3,000 for superior court judges,. and to $4,000 for Supre~e Court judges shall be dependent upon compliance with this section.

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

Senate Chamber, Atlanta, Ga., Wednesday, August 10, 1904.
The Senate met pursuant to adjournment at ten o'clock;. was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll-call was dispensed with;
Notice was given that at the proper time a motion would: be made to re~onsider Senate Bill No. 136, with House:amendment.

WEDNESDAY, AuGUST 10, 1904.

627

The Journal of yesterday was read and approved.

The following message was received from the House of

Representatives through Mr. Boifeuillet, the Clerk there-

of:



Mr. President:

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

A resolution providing for the appointment of a joint committee to see what arrangements can be made for transportation of the General Assembly to St. Louis on "Georgia Day," September 28th.

Mr. Davis moved to reconsider the action of the Senate in concurring in House amendment to the following bill of the Senate, so as to offer an amendment:

By Mr. Comas-
A bill to increase the salaries of the Supreme and superior court judges.

The following amendment to House amendment was concurred in :

The Senate amends the House amendment as follows: Add to the caption of the bill "and to make it unlawful for any Supreme or superior court judge in this State to ask or receive for himself or family any free pass or other favor from any railroad or any frank for himself or family from any public urtility corporation of this State, and for other purposes."

628

JOURNAL OF THE SENATE.

The following House bills were read second time:
By l\Ir. GriceA bill to repeal the Act incorporating the town of Coch-
ran.

By l\Ir. Daniel-
A bill to amend the Act incorporating the town of Stillnlore.

By l\Ir. }fillsA bill to amend section 821 of the Code. This bill was recommitted.

By Messrs. Felder and KilburnA bill to amend the charter of the city of Macon.

.By :Mr. GriceA bill to create a new charter for the town of Cochran.

:Mr. Jordan, chairman of the Committee on Agriculture, submitted the following report:
Jfr. President:
The Committee on Agriculture has had under consideration the following House bill, which it instructs me to report with the recommendation that it do pass as amended, to wit:
A bill to amend Act approved Dooember 21, 1900, amendatory of an Act approved December 20, 1898.
Respectfully submitted, HARVIE JORDAN, Chairman.

WEDNESDAY, AUGUST 10, 1904.

629

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 with the recommendation that they do pass, to wit:
A bill to amend the charter of Rome.
A bill to amend the charter of Macon.
A bill to amend charter of Stillmore.
A bill to repeal Act incorporating Oochran.

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 amended, to wit:

A bill to create a new charter for Coohran.

The committee has also had under consideration the following House bill, which it instruc1:.,<1. me to report wit~ the recommendation that it do not pass, to wit:

A bill to amend Act incorporating High Shoak
Respectfully submitted, L. L. MIDDLEBROOKS, Ohairman.

The following House bill was taken up with adverse report from Committee. .The report was agreed to and billlo.st:

630

JOURNAL OF THE SENATE.

By :M:r. Foster-
A bill to amend the Act incorporating the town o High Shoals, in Walton county.

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

By l\lr. ConnerA bill to amend an Act establishing the Department
o Entomology in this State.
Report o the committee was agreed to.

Upon the passage o the bill the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Davis, Duncan, of 36th, Golden, Hopkins, Jordan,

Mathews, McLean, McMichael, Moore, Park, Reid, Smith. Snt":;d,

Starr, Stevens, Sweat, '!:aylor, Tisinger, Van Buren, Williams, Worsha:n,

Those voting in the negative were Messrs.-

Duncan, of 10th, Lee,

Skelton,

Turner,

Those not voting were Messrs.-

Christie, Clements, Comas, Crumbley, Harrell,

Hightower, Hudson, Ledford, Lewis, McClure,

.A.yes 24, nays 4.

Merritt, Middlebrooks, Perry, Symons, Mr. 'resident.

WEDNESDAY, AuGusT 10, 1904.

631

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

Amend the bill by changing the words "as provided in ~Section 1039 of the Code" wherever they occur in the bill
to the words "as provided in section 1039 of the Penal
Code."

The committee proposes to amend the first section of .said bill by striking therefrom the words "fifteen thousand" where it occurs, and inserting in lieu thereof the words "ten thousand."

The committee proposes to further amend said bill as follows:

To strike from said bill the entire section 21 of said bi~l, and insert the following in lieu thereof: "The State Entomologist, or one of his assi~tants, is hereby required to attend the Farmers' Institutes and other State Agricultural Societies held in this State for the purpose of delivering lectures on injurious insect and plant diseases, for the purpose of disseminating more fully the information -obtained by his department among the agricultural classes of the State whenever it is possible for the said State Entomologist or his assistants to attend such- meetings."

1Ir. 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 to report with the recommendation that they do pass, to wit:

632

JOURNAL OF THE SENATE,

A bill to incorporate Hoschton public graded school dis-trict.
A bill to amend Act incorporating the public schools o Blue Ridge.
Respectfully submitted, M. L. LEDFORD, Chairman.

Mr. Tisinger, chairman of the Special Judiciary Com-:g:tittee, submitted the following report:
Mr. President:
The Special Judiciary Committee has had under consideration the following House bills and resolution, whiclr it instructs me to report with the recommendation that they do pass, to wit:
A bill to fix fees of ~otaries public and other officer& whose duty is to protest notes, etc.

A bill to repeal Act incorporating the town of RisingFawn.
A bill to amend section 35 of Act creating the city court. of Elberton.
A resolution to provide for certain payment to Captai& J. R. Atwater for armory rent for the Upson Guards.
The committee has also had under consideration the following House bill, which it instructs me to report with therecommendation that it do pass by substitute, to wit:
A bill to create and establish the city court of Gwinnett_ Respectfully submitted, B. L. TISINGER, Chairman_

...WEDNESDAY, AUGUST 10, 1904.

633'

Mr. Davis moved that that portion of the appropriation bill relative to committee wDrk be referred to the Appropriations Committee and Auditing Committee, and that their opiniDn of the meaning of said Act be submitted bytwelve o'clock to-day.

The following House bills were read second time:

By Mr. AlfordA bill to abolish the county court of Worth.

By Mr. Alford-

A bill to establish the city court of Sylvester.

By Messrs. Holder and HardmanA bill to incorporate Hoschton public graded school.

By Mr. Davis-
A bill to amend an Act incorporating the public schook of Blue Ridge.

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

Mr. President:
The Hbuse has concurred in all the Senate amendments.to the following House bill, to wit:
A bill to make appropriations for the ordinary expenses.. of the Executive, Legislative and Judicial Departments; payment of the public debt and interest thereon, and for-

JOURNAL OF THE SENATE.
-o~her purposes, except Senate amendments 1, 3, 4, 6, 6!,
7; 8, 9, 9!, 12, 13 and 18; and Senate amendment.
No. 16, to which the House offers an amendment.
The following. Senate resolution was read and adopted:
By }fr. Ledford-
A resolution requesting the House to return to the Senate House Bill X o. 1088..
The following House bills were read second time and recommitted:
By :Mr. watsonA bill to provide for payment of insolvent costs to cer-
tain officers in ~IcDuffie county.
By 11Ir. Howard-
A bill to make appropriation to the trustees of the State Uni,ersity for the use of the State Normal School.
By l\fr. ShackelfordA resolution to appropriate $29,000 to the trustees of th~
.State University to rebuild and equip Science Hall.
By ~Ir. Slaton-
A resolution to appropriate conditionally for the building of a chemical laboratory at the Technological School.
By l\Ir. Hawes-
A resolution for appropriation to purchase files for the 10ffice of Commissioner of Pensions.

WEDNESDAY, AUGUST 10, 1904.

635

-.:By Mr. Mayson-
A resolution to appropriate $500 to purchase the portrait of General Gordon.

By lfessrs. Hawes and Martin-
A bill to amend section 35 of an Act establishing the city Court of Elberton.

By Mr. Calvin-
A bill to fix the fees of notary public and other officers in this State.

By Mr. Brock-
A bill to repeal an Act incorporating the town of Rising Fawn.

By :Mr. Red,.-.ine-_ A bill to incorporate the :McDonough school district.

This bill was tabled.

By Mr. Womble-
A resolution to provide for certain payment to Captain .James R. Atwater for armory rent.

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

By :Mr. FlaniganA bill to establish the city court of Gwinnett county.

Report of the Committee was agreed to. Upon the passage of the bill the ayes were 25, nays 0.

636

JOURNAL OF THE SENATE.

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

By Messrs. Bmce and Wellborn-
A bill to incorporate the town of :McCaysville, in Fannin 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:

Amendments are by striking the name "J. W. Ed-wards" and inserting "R. S. Turner."

Amend section 21 by striking out all of said section after the word "kind," in the fourth line.

Mr. McLean, acting chairman of the Committee one Pensions, submitted the following report:

Mr. President:
The Committee on Pensions has had under considera-tion the following House bill and resolutions, which it instructs me to report with the recommendation that theydo pass, to wit:

A bill to authorize the payment of pensions of deceased soldiers or widows of soldiers in certain cases.

A resolution to pay pension of Harriet E. Malone.

WED~ESDAY, AuGUST 10, 1904.

637

A resolution to pay pension of Mrs. Carrie Wilson to ner daughter.

A resolution to pay pension of Hannah Harris to her son.

A resolution to pay pension to Mrs. Thos F. Person, of warren county.

A resolution to pay pension of Wm. Futch to his widow.
A resolution to pay pension of Mrs. Adeline Haines.
A resolution to pay pension of l\frs. }fary Guy, of Schley county.
A resolution to pay pension of Geo. Michael to Elbert Withington.
A resolution to pay pension to Sallie Erwin that was due A. L Erwin, deceased.
A resolution to pay the pension of Mrs. Maltida A. West, deceased.
A resolution to pay pension of Thos. Dunman to his ;;ister.
A resolution to pay pension of Wm. Roberson to his .daughter.
A resolution to pay pension of J. F. McCain.
A resolution to pay pension due Sarah King to her son.
Respectfully submitted, J. L. McLEAN, Acting Chairman.

638

JOURNAL OF THE SENATE.

The following resolution was read and concurred in:

By }.fr. Dunbar-

A resolution appointing a committee to look into theGeneral Assembly going to St. Louis on Georgia Day.

Committee on part of Senate is Senator Starr.

The following House bill was taken up, which was returned from the House with Senate amendments:

By. Mr. Davis-

A bill to appropriate money for the support of the Stategovernment for the year 1905.

The Senate refuses to recede from any of its amendments except amendment No. 12. The Senate also refuses to concur in House amendment to Senate amendment No. 16.

The following House bill and resolutions were read second time :

By Messrs. Preston and Beauchamp--

A bill to be entitled an Act to authorize the payment of
pensions of deceased soldiers or widows of soldiers in cer. tain cases.

By l\tfr. Morton-

A resolution to pay pension due Sarah King for 1904to her son, Geo. W. King.

WEDNESDAY, AuGusT 10, 190-t.

6:39,

By .Mr. Flanigan-

A resolution to pay the pension of J. F. )fcCain, of"" GwinnetJ: county, to his widow.

By Mr. Little--
A re:wlution to appropriate the sum of sixt,y dollars topay the pension of Mrs. Matilda A. West, late of Hancock county, deceased, for the purpose of paying her debts-incurred in her last illness.

By Mr. Johuson-

A resolution to pay pension of Thomas Dunman to his.
sister, Caroline Dunman.
'
By Mr. Dunbar-

A resolution to appropriate to Martha Martin, of the county 'Of Richmond, daughter of William Roberson, late of said county, deceased, the sum of sixty ( 60) dollars, being the amount of an indigent pension due said William Roberson by the State of Georgia at the time of his death...

By Mr. Baldwin-
A resolution to pay the pension of Mrs. Mary Guy to the Ordinary of Schley county for the use of such persons as may be entitled thereto by reason of services rendered said deceased in her last illness.

By Mr. McHenry-
A resolution to apJ ropliate $60 to ~allie Et win in payrr ent of pension due A. L. E1 win, decea! ed.

JouRNAL OF THE SENATE.
By ~Ir. Yalentine-
A resolution to pay pension of Geo. ~liehael to Elbert Worthington.

By :Jir. Blackburn-

A resolution providing for the p:1yment of tl.e pension -of \Villiam Futch to his widow.

By :Messrs. :Jioses and Leigh-
A resolution to pay pension of llfrs. Adeline Haines to her son.



By :M:r. :1\Iorton-

A resolution to pay the pension due Hannah Harris to

.her son, A. L. Harris.

By Mr. English-

A resolution to pay pension to Mrs. Thos F. Person, of Warren county.

-:By :1\fr. Brown-

A resolution to pay pension of Carrie Wilson of Muscogee county to Mrs. J. T. Sistrunk, her daughter.

:By :Mr. Preston-
A resolution to pay pension of Harriet E. Malone to JJ.er son, Walker B. Malone.
The following House bill was read seoond tim:e:

WEDNESDAY, AUGUST 10, 1904.

641

:By Mr. Felder-

A bill to recognize, protect and aid the Georgia Industrial Home and other child-saving institutions in this :State.

The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
j[r. President:
The House has concurred in the Senate amendments to the following bills of the House, to wit:
A bill_to authorize and direct the Pension Commission-ers of this State to pay over to the ordinaries of the re,spective -counties the pensions that may accrue to any pen-sioner who may die before the same can be paid to pen:sioner.

A bill providing for the situs of debts due to non-resi.dents for purposes of attachment.

A bill creating a new charter for the town of Riddle--ville.

The House has concurred in Senate amendments 1 and 7 to the following bill of the House, to wit:

A bill to create a new charter for the city of Marietta, -:but has disagreed to Senate amendments 2, 3, 4, 5 and 6.

The following HIOuse bills were read third time to be yut upon their passage:
418 j

642

JouRNAL OF THE SENATE.

By Mr. Redwine-

A bill to amend the Act incorporating the town o:f Locust Grove.
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. Dunbar-
A bill to authorize the village of Harrisville to arrange with the authorities of Richmond county to work publieroads with persons convicted in the municipal court.
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. Holder and HardmanA bill to amend the Act incorporating the town of Stat-
ham, in J,ackson 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.

WEDNESDAY, AUGUST 10, 1904.

643

By Mr. Knight-.
~~
A bill to amend the Act establishing the city court of Tifton.

Report of the committee was agreed to.
Upon the passage of the bill the ayes wer.e 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. BlackburnA bill to fix the pay of county treasurer in counties
having a population of 75,000 or over.
Report of t.he committee was agreed to.
Upon the passage of the bill the ayes we:re 25, nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Holder and Hardman-
A resolution to authorize and require the treasurer of Jookson county to pay out a certain sum upon warrant of the chairman of the Board of C'ounty Commissioners.

Report of the committee was agreed to.

Upon the passage !>f the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

.By Messrs. Pate and Fl~nigan-
~.;.:-

A bill to create a new .charter for the city o Lawrence-

ville.

.. ,

Report o the. cortunittee was agreed to.

Upon the passage o the bill the ayes were 26, nays G.

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

By Mr. Bowen- ':A: bill to amend the charter o{ the city o Abbevill~;

Report o the committee was agreed to.

Upon the passage o the bill the ayes were 26, nays 0,

The bill having received the requisite constitutional majority was passed.

By Mr. Jones-
A bill to amend an Actentitled "an Act to incorporate the town of. Jasper, in the county of Pickens," approved September 27, 1883.

Report of the committee was agreed to.

Upon thepassageo the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Steed-

, -

.-. ~~ ..

oo f

'

,

I

;

'



! , A bill to 'errtitleil a~ Act ill all}.(md. an Act providing

forthe'reinoval of obst:nictions froin the :r:uDniiig str~~
of Carroll' eounty; approved ~A~gt1st 15, 19!>3~ . ~ . '



I ' ' '

'

: ~ j I

Report of the oommittee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

'I - .

' ' ..:. I "



:

'

.

~

;

.



I

The bill having received the requisite constitutional ma-

jority WaS paisect



~

By Messrs. Maples and Mitchell!;

A bill to;'be entitled an Act to repeal local laws for ,the

t~~

of

Camilla,'

/

.

G- a.,..appr.oved

September

20,

1889.

Report of the oommittee was agreed. to.
,I
Upon the passage of the bill the ayes were 26, nays 0.
i!.
The bill having reeeived the requisite oonstitutional majority was. passed.

~y Mr. Morris-

A bill to amend the charter of the town of Powde'i< Springs.

Report of t~e ~ommittee was ag!eed. to.

Upon the passage of the bill the ayes were 26, naysO.

;:. Thebill having received the requisite constitutional ma-

jority was passed. . : - 1



646

JOURNAL OF THE SENATE.

By Messrs. Brinson and Bower----

A bill to be entitled an Act to revise, consolidate and amend the Act establishing a Board of Commissioners o Roads and Revenues for Decatur county, approved December 13, 1871, and all Acts amendatory thereto.

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. Cann-
A bill to be entitled an Act to amend an Act entitled to amend, revise and consolidate the several Acts granting corporate authority to the town of Warsaw.

Report of the committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.
The following House bills were read second time and recommitted:
By Mr: Harden-
A bill to amend the game laws of this State.

By Mr. Hall-
A bill to require all officers collecting money other than tax-collectors to make weekly settlement.

WEDNESDAY, AUGUST 10, 1904.

64.7

By Mr. Brock-
A resolution to authorize the Prison Commission to
provide work for certain class of convicts and make con~racts for same.

Mr. Tisinger moved to table the report of the committee -which investigated the expenditures of committeemen.

And on this motion the ayes and nays were ordered and the vote is as follows :
Those voting in the affirmative were Messrs.-

-Allen, Atkinson, {;lark, -clements, Golden, Lee, Lewis, McLean,

McMichael, Merritt, Moore, Park, Skelton, Smith, Snead, Starr,

Stevens,

Taylor,

Tisinger,

Turner,

Van Buren,

Williams,

Worsham,

.,

)'

Those voting in the negative were Messrs.-

-comas, -Crumbley, Davis, _Duncan, of 36th, Jlarrell,

Hopkins, Hudson, Jordan, Ledford,

Mathews, McClure, Reid, Sweat,

Those not voting were-- Messrs.-

Christie, _Duncan, of 1oth, _Hightower,

Middlebrooks, Perry,

Symons, Mr. President

Ayes 23, nays 13.

The report was tabled.

"64.8

- JOURNAL OF THE SENATE.

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

Mr. President:

The Committee on Pensions has had under consideration the following House resolution, which it instructs me to report with the recommendation that it do pass, to wit~-

Mrs. . A ~soluti~~ to pay pensi~n of

E. C. Shearouse tf>

her lawful representative.

Respectfully submitted,

HUDSON, Chairman.

The following message was received from the Blouse of"
Representatives through Mr. Boifeuillet, the Clerk thereof:

Mr. President:

The House has concurred in the following resolution of the Senate, to wit:

A resolution requesting the House to return to the Senate for consideration House Bill No. 1088, and the said hill is herewith returned to the Senate.

The House has failed to concur in the Senate substitute {or the following bill of the House, to wit:

A hill to provide for the assessment of property of corporations which are required by law to make returniJto the Comptroller-General of this State.

WEDNESPAY, AUGUST 10, 1904.

649-

The following House bill was taken up with Senatesubstitute:

By Mr. Hall-

A bill to provide for the assessment of property of" eorporations which are required to make their returns tothe Comptroller~General.

The Senate refuses to reeede from its substitute, and n;~ks for a conference committee. The committee on part of Senate are Senators Hopkins, Mathews and Skelton.

The following House bill was taken up, which had been returned from the House, which bill had been lost in the Senate:

By Mr. Davis-

A bill to create a new charter for the town of Minerai Bluff.

The bill was reconsidered, and the adverse report o:f the committee was disagreed to and bill was tabled.
The following Ho~ resolution was read second time :

By Mr. Rawls-

A resolution to pay pension of Mrs. E. C. Shearouseto her lawful representative.

The following resolution was taken up:



JoURNAL OF THE SENATE.
By :Mr. Hopkins-

A resoiution that it is the sense of the Senate that when committeemen visit public institutions of this State with a railroad pass that they are not entitled to any mileage.

On the motion to table this resolution the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

:Allen, Atkinson, Clark, Clements, Golden, Hudson, Lee, .McClure,

McLean, McMichael, Moore, Park. Reid, Smith, Snead, Starr,

Steyens, Sweat, Taylor, Tisinger, Turner, Van Buren, Williams, \Vorsham.

Those voting in the negative were Messrs.-

Comas, Crumbley, navis, :Harrell,

Hopkins, Jordan, Ledford, Lewis,

Mathews, Merritt, Skelton,

Those not voting were Messrs.-

.Christie, .Duncan, of 10th, _Duncan, of 36th,

Hightower, Middlebrooks, Perry,

Symons, Mr. President

Ayes 24, nays 11.

Ibe resolution was tabled.

On motion, the Senate adjourned until three o'clock
"P.M.

-

WEDNESDAY, AuGusT 10, 1904.

651

The Senate met pursuant to adjournment at three o'clock,_ and was called to order by the President.

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

.},[r. President:

The House has appointed Mr. Hall of Bibb, Mr. Can.dler of DeKalb, and Mr. Akin of Bartow, as a conference committee on the part of the I!ouse on the following bill .of the House, to wit:

A bill to provide for the assessment of property of corporations which are required by law to make returns to the Oomptroller-General.

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

},{r. President:

The Gen~ral Judiciary Committee has had under consideration the following bills of the House, which I am instructed to report back with recommendation that they -do pass:

A bill to amend section 821 of volume 1 of the Code of 1895.

A bill to revise and consolidate the game laws now of -:force in this State.

Also that the following resolution of the House do pass:

A resolution to authorize the Prison Commission to pro-

652

J<imRNAL- oF THE SENATE.! ;;

vide work for a certain elas;; of convicts and to make' eontracts for the same.
Respectfully submitted,
Wx. H. DAVIS,
Acting Chairman.

Mr. Tisinger, chairman of the Special Judiciary Com-mittee, submitS the' following report:
Mr. President:
The Special Judiciary Committee has had under con-sideration the following bill of the House, which it in-structs me to report back With th~ recommendation that the same do pass :

A bill to abolish the county court of Worth oounty.

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

A bill to establish the city court of Sylvester.
Respectfully submitted, B. Ii. TISINGER, Chairman.

The following House _bills were read third time to be-

I

put upon their passage:

By Mr. AlfordA bill to abolish the county court of Worth county.

Report of the committee was agreed to. Upon 1the passage of the bill the ayes were 26, nays 0~

., . 'Jt40. bill having received the requisite constitutional'ma-
jority was passed.

By Mr. Alford-

. A.l>m to establish the city court of Sylvester, in Worth

+;>~nty:

.

.

.

.

Report of the committee was agreed to.

..lJpon,

.

.

the
-: .

p~ssage .

o f -~he

bill the ayes

' '.

.

were .

26,

ua- ys

0..

The bill having ;eceived 'the rn<iuisite constitutional ma-

jority was. passed as amende4, a11d the amendments are

~ follo~s :-

.

.

; .' '

The committee amends as follows, to wit: Strike out

the word!! or figm:es "one thousand dollars" where they

.occur in line eighteen ~f section t':Vo of said bill, and insert

in lieu thereof the words "fifteen hundred." Also strike

.out:>all ..after the word "State," in the twenty-third line

.of section two of said bill. Also amend by striking out

the word:"State". where it occurs .. in the twenty-seoond 1ilu~ ()fsection two of' said bill. Also amend. said section

by striking out the word "quarterly," in the twentieth line

.~nd
;.

in;,sert

i

n
.

g

the

word

"monthly." .

. The following House bill was read seoond time and re-

committed:



.

'By (

M. ~' srs:'

Hall, ~.

Underwo.o. d. and. ' .other&--

A bill to prohibit any person or persons or associations to.. operate any railroad in this State unless the same be~mes. incorporated under the laws of this State.

654

JouRNAL OF THE SENATE.

Mr. Hopkins, chairman of the Committee on Appro-priations, made the following report:
Mr. President:
The Committee on Appropriations has had under consideration the following bills of the House, which I am instructed to report back with the reeommendation that they do pass :

A bill to appropriate to the trustees of the Universityof Georgia, the sum of $25,000, to be used in construotion of college building for State Normal &hool.

A bill to make an appropriation to the trustees of the State University for the use of the Georgia State Normal and Industrial Colle~.

A bill to appropriate the sum of $2,750 for the use of the School for the Deaf, at Cave Springs.

Also that the following resolutions of the House do pass:
A resolut.ion authorizing the treasurer to pay the per diem and mileage of Hon. W. R. Welch, deceased, to his widow.

A resolution to appropriate the sum of five hundred dollars for the purchase of an oil-painting of the lateGeneral John B. Gordon, and for other purposes.

A resolution authorizing the Treasurer to pay per diem
and mileage of Hon. R. B. Johnson, of the county of
Clinch.
A resolution authorizing the Treasurer to J'ay the perdiem and mileage of the late W. A. Lowe to his widow.

WEDNESDAY, AUGUST 10, 1904.

651)..

A resolution for appropriation to purchase filing casesfor the office of the Commissioner of Pensions.

A resolution appropriating, conditionally, for the building of a chemical laboratory for the Technological School.

A resolution to appropriate $29,000 to the trustees or the University of Georgia to rebuild and equip Science Hall, at Athens.
Respectfully submitted,
H. W. HOPKINS, Chairman.

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

Mr. Premdent:

The House recedes from its position and has concurred
in Senate amendments 1, 3, 4, 6, 6!, 9, 9f, and 18 to
the following bill of the House, to wit:

A bill to make appropriations for the ordinary expenses. of the Executive, Legislative and Judicial Departments, and for other purposes.

But the House insists on its non-concurrence to Senate amendments 7, 8 and 13 ; and also insists on the House amendment to Senate amendment No. 16. The House has appointed. Mr. Davis of Meriwether, Mr. West of Lowndes, and Mr. Steed of Taylor as a conference committee on .the part of the House, and invites a similar committee on the part of the Senate.

-656

JouRNAL oF THE SENATE.

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

By l\Ir. Shackelford-
A bill to appropriate to the trustees of the University of Georgia $25,000 to be used io constructing a Normal
.School.

Report of the committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

Atkinson, "Clark, .Clements, .Comas, Crumbley, Davis, Duncan, of xoth, Duncan, of 36th, -Golden, Hudson,

Lee, Ledford, Lewis, McClure, McLean, Merritt, Middlebrooks, Moore, Park, Reid,

Smith, Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams, Worsham,

Those voting in the negative were Messrs.-
Harrell,

Those not voting were Messrs.-

Allen, Christie, Hightower, Hopkins,

Jordan, Mathews, McMichael, Perry,

Ayes 30, nays 1.

Skelton, Symons, Turner, Mr. Preside: ~.

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, AUGUST 10, 1904.

657

By Mr. Spence-
A resolution to authorize the treasurer to pay the per diem and mileage of R. B. Johnson of the county of Clinch.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote was as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 10th, Duncan, of 36th, Golden,

Harrell, Hudson, Lee, Ledford, Lewis, McClure, McLean, Merritt, Middlebrooks, Park,

Those not voting were Messrs.-

Christie, Hightower, Hopkins, Jordan, Mathews,

McMichael, Moore, Perry, Skelton,

Ayes 30, nays 0.

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

The resolution having received the requisite constitutional majority was passed.

By Mr. Thurman-
A r6SOlution to pay the per diem and mileage of the late W. A. P. Lowe to his widow.

Report of the committee was agreed to.
42Rj

658

JouRNAL oF THE SENATE.

Upon the passage of the resolution, the ayes and nays were ordered and the vote is as follows:

Those voting in the a~rmative were Messrs ..-...

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Harrell, Hudson,

Lee, Ledford, .Lewis, McClure, McLean, McMichael, Merritt, Middlebrooks, Park, Reid,

Smith, Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams, Worsham,

Those not voting were Messrs.

Christie, Golden, Hightower, Hopkins,

Jordan, Mathews, Moore, Perry,

Ayes 31, nays 0.

Skelton, Symons, Turner, Mr. President.

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

By Mr. Jones-
A resolution to authorize the treasurer to pay the per diem and mileage of Hon. W. R. Welch, deceased.

Report of the committee was agreed to.
Upon the passage of the resolution, the ayes and nays were ordered and the vote is as follows:

WEDNESDAY, AUGUST 10, 1904.

659

Those voting in the affirmative were Messrs.-

Allen, Atkinson, .Clark, Clements, .Crumbley, Duncan, of 10th, Duncan, of 36th, Harrell, Hudson,

Lee, Ledford, McClure, McLean, McMichael, Middlebrooks, Park, Reid, Smith,

Snead, Starr, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Christie, Comas, Davis, -Golden, Hightower, Hopkins,

Jordan, Lewis, Mathews, Merritt, Moore,

Perry, Skelton, Symons, Turner, Mr. President.

Ayes 27, nays 0.

The resolution having received the requisite constitutional majority was passed.
By Mr. McHenry-
A bill to appropriate the sum of $2,750 for the use of the School for the Deaf.

Report of the committee was agreed to.

Upon the passage of the bill, t~e ayes and nays were -ordered and the vote is as follows:
Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clements, Crumbley,

Davis, ~uncan, of 36th, Harrell, Hudson,

Lee, Ledford, Lewis, McClure,

660

JouRNAL OF THE SENATE.

McLean, McMichael, Middlebrooks, Park, Reid,

Smith, Snead, Starr, Stevens, Sweat,

Taylor, Tisinger, Van Buren, Worsham,

Those not voting were Messrs.-

Christie, Clark, Comas, Dun,an, of Ioth, Golden, Hightower,

Hopkins, Jordan, Mathews, Merritt, Moore, Perry,

Ayes 27, nays 0.

Skelton, Symons, Turner, Williams, Mr. President.

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

The following bill was again received from the House:

By Mr. Davis-
A bill to appropriate money for the support of the State government .fur the year 1905.

The Senate concurs in the House amendment to Senate amendment No. 16 and insists upon its amendments Nos. 7, 8, 13, and appoints the following as Conference Committee: Senators Duncan, Tenth; Davis and Jordan.

The following message was received from the House of :&lpresentatives through lfr. Boifeuillet, the clerk thereof:
Ur. President:
Th,e Blouse has concurred in all the Senate amendments to the following bill of the House, to wit:

WEDNESDAY, AUGUST 10, 1904.

661

A bill to revise the election laws of this State, and for other purposes, except Senate amendment No. 5, in which the House has failed to concur.

The following House Bill was taken up, which was returned from the House :

By Mr. Morris-

A bill to create a new charter for the city of Marietta.

The Senate insists on its amendment No. 2, and re-cedes from its amendments Nos. 3, 4, 5 and agrees to >1. substitute for amendment No. 6.

The following House Bill was taken up, which was returned from the House with Senate amendment:

By Mr. Kelly-

A bill to revise the election laws of this State.

The Senate insists on its amendment No. 5.

The following message 'las received from the House of Representatives through Mr. Boifeuillet, the clerk thereof:

ltfr. President:

The House has concurred in the Senate amendments to the following bills of the House, to wit:

A bill to amend an act to establish, organize and maintain a State Normal School as a branch of the University,
.and for other purposes.

662

JouRNAL OF THE S~.A.Ta.

A bill to incorporate the town of Toomsboro.

A bill to create a board of commissioners of roads and revenues for Worth county.

The House has concurred in the Senate amendment,. as amended by the Hlouse to the following bill of theHouse, to wit:

A bill ceding to the United States jurisdiction over certain lands in the city of Valdosta.

The House has failed to concur in the Senate amendment to the following bill of the House, to wit:

A bill to provide for the compensation of commissioners of roads and revenues in counties having a population of 75,000 or over.

The House has concurred in the Senate substitute for the following bill of the House, to wit:

A bill to establish the city court of Gwinnett county.

The House has concurred in Senate amendment No. 1,. and non-concurred in Senate amendment No. 2 to the following bill of the House, to wit:

A bill to incorporate the town of McC'aysville.

The House has appointed Messrs. Kelly, Felder and Stovall as a conference committee on the part of theHouse on the following bill of the House, to wit:

A bill to revise the election laws of the State, and for other purpose;:.

WEDNESDAY, AUGUST 10, 1904.

663

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

Mr. President:

The General Judiciary Committee has had under consideration the following Hbuse Bill, which it instructs me to report with the recommendation that it do pass, to wit:
A bill to amend section 892 of the Code of 1895,
Respectfully submitted,
WM. H. DAVIS, Acting Chairman.

The following House Bill was taken up, which was returned from the House, in which the House refuses to concur:
By Yr. Blackburn-
A bill to proVIide compensation for oounty commissioners in counties with a population of 75,000 or more.
The Senate recedes from its original amendment and amends said amendment by making the compensation $400 instead of $500.

Next Conference Committee on part of Senate on the Australian Ballot bill are Senators Davis, Smith and Taylor.
On motion, the Senate adjourned until to-morrow morning at 9 o'clock.

664

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga.,
Thursday, August 11, 1904.
The Senate met pursuant to adjournment at 9 o'clock; was called to order by the President.
Prayer was offered by the Chaplain.
On motion, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
Mr. Davis, chairman on the part of the Senate on the conference committee to confer with a like committee from the House on the Australian Ballot bill, submits the following report :
Mr. President:
Your committee appointed to confer with the Honse committee on the Australian Ballot bill, begs leave to report that we have been unable to agree, and ask that we be discharged and that another committee be appointed.
Respectfully submitted, WM. H. DAVIS,
Chairman of Senate Committee.
Report of the Conference Committee-Senator Davis, of the 17th, Chairman :
Mr. President:
Your committee, appointed to meet a committee from the House of Representatives to confer with reference to

THURSDAY, AUGUST ll, 1904.

665

Senate amendments in the General Appropriations bill to which the House has insisted upon non-concurrence, to wit:

Appropriations for the State Sanitarium.

Appropriations for Farmers' Institutes.

Appropriations for Public School Fund.

The Conference Committees of the Senate and House agreed to an appropriation for the State Sanitarium of $337,000 for the year 1905.

Also, for an appropriation of $2,500 to the State University for the support and maintenance of Farmers' Institutes as provided in Senate amendment No. 13.

The committees in conference could not agree on Senate Amendment No. 8, appropriating $900,000 to the public school fund-the House committee insisting upon the House appropriation of one million dollars, and the Senate -committee refused to recede. Your committee, therefore, begs that it be discharged and that another committee be appointed to a further consideration of Senate Amendment 8.
Respectfully submitted,.
WM. H. DAVIS, Chairman; A. B. DUNCAN, HARVIE JORDAN.
This report was adopted.

The following message was received from the House of :Representatives through Mr. Boi~euillet, the Clerk thereof:

6(i6

JOURNAL OF THE SENATE.

Mr. President:

The House has failed to concur iu the Senate amendment to the House amendment to the following bill of the Senate, to wit :

A bill to prescribe salaries for the judges of the Supreme Court and judges of the Superior Courts of this State.

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

A bill to abolish the municipality of Everett, in Glynn county.

A bill to amend the charter of Maysville.

The House has passed, as amended. by the House, by the requisite constitutional majority, the following bills of the Senate, to wit :
A bill to amend the charter of the city of Columbus.

A bill to incorporate the town of Willacoochee.

Th' House has appointed Messrs. Blackburn, Lane and Dunbar as a Conference Committee on Senate Bill No. 136, relative to increasing the salaries of judges of the Supreme and Superior Courts.

The House refuses to recede from its disagreement to the Senate amendment to the General Appropriation bill, providing for an appropriation of $2,500 to the Trustees of the University of Georgia for conducting Farmers' Institutes; the House also refuses to recede from its disagreement to the Senate amendment Reeking to rt'duce the appropriation for common schools to $900,000; the House has

THURSDAY, A UGUBT 11, 1904.

66T

adopted the recommendation of the Conference Committeethat the appropriation for the State Sanitarium be increased from $330,000 to 337,000. The House bas appointed Messrs. Bush, George and Holder as a Conference Committee on the part of the House to meet with a similar committeeon the part of the Senate to consider the matters of difference on this bill.

Another Committee of Conference from Senate are Senators Starr, Sweat and Middlebrooks.

The following House bill which the House refuses toconcur in Senate amendment :

By Messrs. Bruce and Wellborn-

A bill to incorporate the town of McCaysville.

The Senate refuses to recede and tabled the bill.

Next Conference Committee on the Appropriation bill are Senators Harrell, Merritt and Tisinger.

The following House bills were read third time to be pnt upon their passsage :

By Mr. CalvinA bill to fix the fees of notaries public and other officers. 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.

668

JOURNAL OF THE SENATE.

By Mr. MillsA bill to amend section 821 of the Code.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Brown-
A resolution to pay pension of Carrie Wilson, of Muscogee county.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were <>rdered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Comas, Crumbley, Davis, Duncan, of 36th, Harrell, Hudson,

Jordan, Ledford, Mathews, McLean, Merritt, Middlebrooks, Park, Reid,

Snead, Starr, Stevens, Sweat, Tisinger, Van Buren, \\"illimns. Worsham,

Those not voting were Messrs.-

Christie, Clements, Duncan, of xoth, Golden, Hightower, Hopkins,

Lee, Lewis, McClure, McMichael, Moore, Perry,

Ayes 25, nays 0.

Skelton, Smith, Symons. Taylor, Turner, Mr. President.

THURSDAY, AUGUST 11, 1904.

669

The resolution having received the requisite constitutional majority was passed.

By Mr. Mayson-
A resolution to appropriate $500 to purchase a portrait of the late General John B. Gordon.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Comas, Crumbley, Davis, Duncan, of 36th, Harrell, Hopkins,

Hudson, Jordan, Ledford. Mathews, McLean, Merritt, Middlebrooks, Park, Reid,

Snead, Starr, Stevens, Sweat, .Tisinger, Turner, Van Buren, Worsham,

Those not voting were Messrs.-

Christie, Clements, Duncan, of 10th, Golden, Hightower, Lee,

Lewis, McClure, McMichael, Moore, Perry, Skelton,

Ayes 26, nays 0.

Smith, Symons, Taylor, Williams, Mr. President

The resolution having r:ceived the requisite constitutional majority was pasl'!ed.

Atlanta, Ga., August 11, 1904.
The following message was received from his Excellency the Governor through his Secretary, Mr. .Blackburn:

-670

JoURNAL OP THE SENAT&

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. Symons, Chairman of the Enrollment Committee, ,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 Act, to wit:

An Act to amend an Act to establish the city court of Waynesboro.
Respectfully submitted,
W. F. SYMONS,
Chairma~.

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

Mr. President:
The General J ndiciary Committee has had under consideration the following bill of the House, which I am instructed to report back with the recommendation that it do not pass:

A bill to require all officers collecting money other than tax-collectors to make weekly settlements.
Respectfully submitted,
WM. H. DAVIS, Acting Chairman.

THURSDAY, AUGUST 11, 1904.

671

The following Senate bills were taken up, with House amendments, and the same were concurred in :

By Mr. Sweat-

A bill to create a new charter for the town of Willacoochee.

By Mr. McMichael--
A bill to amend an Act amending the charter of the city of Columbus.

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

By Mr. GriceA bill to create a new charter for the town of Cochran.

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. Amendments are as follows:

COMMITTEE'S AMENDMENTS TO HOUSE BILL No. 1179, BY MH.. GRICE, OF PULASKI.
Amend section 41 of said bill by striking out the words "telegraph and telepho:1e,'' in about the sixth line of said section, so that said section 41 of said bill when so amended will read as follows :
Be it further enacted by the authority aforesaid, That

672

JouRNAL oF THE SENATE.

the said city council shall have power to require a lirense of persons giving theatrical, spectacular or other like performances, exhibitions and circuses; also power to license regulate and control butcher-pens, tan-yards, blacksmith shops, forges, railroads, express companies and factories of all kinds.

.Also amend section 100 of said bill by striking out the following words, viz.: "to provide that the city shall regulate and control all telephones operated in the city, and to fix the rates, hours, and otherwise regulate the system or systems that have their phones or any number of them in the city of Cochran," which appear in the sixteenth, seventeenth, eighteenth and nineteenth lines of said section,. so that said section 100 of said bill, when so amended, will read as follows:

Sec. 100. Be it further enacted by the authority aforesaid, That in addition to the other powers specially delegated to the city council by this charter, they shall have power to prevent injury or annoyance to the public or individuals from anything dangerous, oflensive or unwholesome; to protect places of divine worship in and about the places where held; to regulate the keeping of gunpowder and other combustibles; to provide for the burial of the dead and to regulate the interments; to appoint sextons for the cemeteries and to provide their compensation; to regulate and control the public meetings and public speaking on the streets of said city; to exact licenses and license fees from persons, firms and corporations as a condition to their engaging in business or occupation within the limits of said city, and to provide for the punishment of those who engage in business within said city without registration and the payment of their license; and shall have full power and authority to pa!>S all by-laws and ordinances re-

I

THURSDAY, .AUGUST 11, 1904.

673

o:Specting public buildings and grounds, work-houses, public houses, carriages, wagons, carts, drays, bicycles, wells, springs, fire engines or other engines, care of the poor, prevention of disorderly houses, houses of ill-fame, for the ;prevention and punishment of disorderly conduct and con-duct liable to destroy the peace and tranquillity of a citizen or citizens thereof, and every other by-law, resolution and {)rdinance that may seem necessary and proper for the secu.rity of the peace, health, order and good government of said city, and to do generally all other acts and things which, in the judgment of the city council, will improve the morals, health, comfort, safety and convenience and -general welfare of its citizens; provided only that the same .are not inconsistent with the laws of this State or the United States.

Sy Mr. Baldwin-
.A. resolution to pay pension of Mrs. Mary Guy to the .ordinary of Schley county.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were .ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Clark, Clements, Crumbley, .Davis, Harrell, Hopkins, Hudson, Jordan,
ta i

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

Reid, Snead, Starr, Stevens, Sweat, Tisinger, Van Buren, Williams, Worsham,

674

JoURNAL OF THE SENATE.

Those not voting were Messrs.-

Christie, Comas, Duncan, of 1oth, Duncan, of 36th, Golden,

Hightower, Lee, Perry, Skelton, Smith,

Symons, Taylor, Turner, Mr. President.

Ayes 27, nays 0.

The resolution having received the requisite constitutional majority was passed.

Atlanta, Ga., August 11, 1904.
The following message was received from His Excellency the Governor, through his Secretary, Mr. Blackburn:

Mr. President:
His Excellency the Governor, has approved and signed! the following bills :
An Act to protect the owners of live stock in the countyof Mcintosh.
An Act to amend 11n Act establishing dispensaries inTerrell county.
An Act to amend section 982 of the Code, so as to pro-vide for Fort Valley as a State depository.
Mr. Tisinger, Chairman of the Special Judiciary- Com-mittee, submitted the following report :
Mr. President:
The Special Judiciary Committee has had under consid-

THURSDAY, AUGUST 11, 1904.

675

eration the following Honse bill, which it instructs me to report with the recommendation that it do pass, to wit:

A bill to provide for the payment of insolvent costs (}f certain officers in McDuffie county.
Respectfully submitted,
B. L. TISJNGER, Chairman.

Mr. 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 o( the House, and deiivered to the Governor the following Act, to wit:

An Act to amend an Act to establish the City Court of Waynesboro.
Respectfully submitted,
W. F. SYMONS, Chairman.

Senate Bill No. 136 relative to the increase of salaries of judges was taken up. The Senate refuses to recede from its amendment and appoints as Conference Committee Senators Comas, McMichael and Davis.

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

676

JOURNAL OF THE SENATE,

By Mr.'HardenA 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 26, nays 0.

The bill having received the requisite constitutional majority was passed.

By Mr. Shackelford-
A resolution to appropriate $29,000 to the University Trustees to rebuild Science Hall at Athens.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Comas, Crumbley, Davis, Duncan of 86th, Harrell, Hopkins, Hudson,

Jordan, Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Moore,

Park, RP.id, Stevens, Symons, Tisinger, Turner, Van Buren, Williams, Worsham.

Those not voting were Messrs.-

Christie, Clements, Duncan of lOth, Golden, Hightower,

Middlebrooks, Perry, Skelton, Smith, Snead,

Ayes 29, nays 0.

Starr,
Sweat, Taylor, Mr. President.

THURSDAY, AUGUST 11, 1904.

677

The resolution having received the requisite constitutional majority was passed.

By Mr. Little-
A resolution to appropriate $60 to pay the pension of Mrs. Matilda A. West.

Report of the Committee was agreed to.

Upon the passage or the resolution the ayet~ and nays were ordered and the vote is as fo11ows :

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 36th, Harrell, Hopkins,

Hudson, Jordan, Lee, Ledford, Lewis, McClure, McMichael, Merritt, Moore,

Park, Reid, Smith, Sne::.d, Starr, Symons, Tisinger, Williams, Worsha:n,

Those not voting were Messrs.-

Allen, Christie, Duncan, of Ioth, Golden, Hightower, Mathews,

McLean, Middlebrooks, Perry, Skelton, Stevens,

Ayes 27, nays 0.

Sweat, Taylor, Turner, Van Buren, Mr. President.

By Mr. BrockA bill to repeal an Act incorporating the town of Rising
Fawn of Dade county.
Report of the Committee was agreed to.

Upon the passage of the bill the ayes were 26, nays 0.

678

JOURNAL OF THE SENATE.

'fhe bill having received the requisite constitutional majority was passed.

By Mr. Howard-
A bill to make appropriation to the Trustees of the State University for the use of the Normal College at Milledgeville.

Report of the Committee was ag.reed to.

' Upon the passage of the bill the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan of lOth, Duncan of 36th, Harrell, Hopkins, Hudson,

Jordan, Lee, Ledford, Lewis, McClure, McLean, McMichael, Merritt, Moore, Reid,

Smith, Snead, Stevens, Symons, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham.

Those not voting were Messrs.-

Allen, Christie, Golden, Hightower,

Mathews, Middlebrooks, .Park, Perry,

Skelton, Starr, Sweat, Mr. President.

Ayes 31, nays 0.

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

THURSDAY, AuGUST 11, 1904.

679

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

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

A bill to amend section 7 of an Act approved December 17, 1902, so as to provide that the two assistants of the .Adjutant-General shall have the rank of Colonel and Lieutenant-Colonel respectively.

A bill to establish county dispensaries for the county of Mitchell.

A bill to authorize the mayor and council of McDonough to issue bonds for school purposes.

A resolution for the relief of L. W. Griffin.

The House has passed by the requisite constitutional majority, as amended by the House, the following bill of the Senate, to wit:

A bill to confer upon the Senior Colonel of the line in the Georgia State Troops the rank and title of Brevet Brigadier-General.

The House has concurred in the Senate amendment, as .amended by the House, to the following bill of the House, to wit:

A bill to provide for the compensation of commissioners (){ roads and revenues in all counties having a population ()f 75,000-or more.

680

JouRNAL OF THE SENATE.

The House has concurred in the Senate amendments tothe following House bill to wit :

A bill to create a new charter for Marietta.

The House has appointed Messrs. Evans, Whitley and McHenry as a conference committee on the part of the House on the following House bill, to wit:

A bill to revise the election laws of the State.

The following House bill was read third time : By Messrs. Preston and Beauchamp-

A bill to authorize the payment of pension of deceased soldiers or widows of soldiers in certain cases.

Report of the Committee was agreed to. Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.
The following House bill was taken up with Senate amendment, the House concurred in Senate amendment as amended, and the Senate agrees to the House amendment as amended.

By Messrs. McRae and West-

A bill to cede to the United States jurisdiction over certain lands in the city of Valdosta.
The following Senate bill was taken up with House amendment, and the amendment was concurred in :

THURSDAY, AUGUST 11, 1904.

o81'

By Mr. Harrell-

A bill to confer upon the Senior Colonel of the line in. the Georgia State Troops, the title and rank of Brevet Brigadier-General.

House Bill No 662 was tabled.

The following resolution was read and adopted :

By Mr. McLean-

A resolution 2djourning the General Assembly at 4 o'clock p. m. sine die.

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

By Mr. Preston-

A resolution to pay pension of Harriet E. Malone to her son.

Report of the committee was agreed to

Upon the passage of the resolution the ayes and nays. were ordered, and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Crumbley, Davis, Duncan, of 36th, Hopkins, Hudson, Jordan,

Ledford, Lewis, Mathews, McClure, McLean, Moore, Park, Reid,

Skelton, Snead, Stevens, Taylor, Turner, Van Buren, Williams, Worsham,

<682

JouRNAL OF THE SENATE.

Those not voting were Messrs.-

'Christie, Clements, Comas, Duncan, of 10th, Golden, .Harrell,

Hightower, Lee, McMichael, Merritt, Middlebrooks, Perry,

Ayes 25, nays 0.

Smith, Starr, Sweat, Symons, Tisinger, Mr. President.

The resolution having received the requisite constitutional majority was passed.

By Mr. Johnson-
A resolution to pay pension of Thomas Dunman to his .sister.

Report of the committee was agreed to.
Upon the passage of the resolution the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Clark, Clements, Crumbley,_ Davis, Hopkins, Hudson, Jordan,

Lewis, Mathews, YlcClure, McLean, Moore, Park, Reid, Skelton,

Smith, Snead, Stevens, Taylor, Turner, Van Buren, Williams, \Vorsham,

Those not voting were Messrs.-

Christie, Comas, Duncan, of Ioth, Duncan, of 36th, Golden, Barrell,

Hightower, Lee, Ledford, McMichael, Merritt, Middlebrooks,

Ayes 25, nays 0.

Perry, Starr, Sweat, Symons, Tisinger, Mr. President.

THURSDAY, AUGUST 11, 1904,

683

The resolution having received the requisite constitu-tional majc.rity, was passed.

By Messrs. Felder and KilburnA 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 26, nays 0.

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

House bill No. 274 was tabled.

By Messrs. Holder and Hardman-
A bill to incorporate Hoschton public graded school disctrict in Jackson county.

Report of the committee was agreed to.

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

Tile bill having received the requisite constitutional majority, was passed as amended.

Amend in section 1 line after the word "extending,'' the words, "From the depot of the G. J. & S. Ry. as a center for school purposes only,'' and by adding after the last line of section 16 the clause, " provided no part of this bill shall become effective until section 12 shall have be-come adopted as above provided.

684

JOURNAL OF THE SENATE.

By Messrs. Hawes and Martin-
A bill to amend section 35 of the Act creating the citycourt of Elberton.

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.

The following resolution was adopted :

By Mr. Mathews-
A resolution limiting the debate to five minutes the remainder of this session.

The Committee of Conference on the part of the Senate upon the disagreement of the House and Senate on House bill No. 186, beg leave to report that they have conferred with a similar committee from the House of Representatives, and that said Conference Committee have been unable to agree. The committee, therefore, recommends that the Senate insist upon its amendment to said bill, and request the appointment by the House of Representatives of another Conference Committee, to meet a similar Senate committee to be appointed to consider the differences of the. House and Senate on said bill.
H. W. HOPKINS, Chairman; J. H. SKELTON, H. 0. WALKER.

Next committee on House Bill No. 186, Smith, Hudson. and Atkinson.

THURSDAY, AUGUST 11, 1904.

685

Mr. President:

Your Conference Committee, after conference with the <lommittee on part of the House upon Bill No. 832, recommend as follows :

1. That the Senate recede from amendment 8 of said hill.

2. That the Senate insist upon amendment 13 ofsaid bill.
J. R. BUSH, E. H. GEORGE, JNO. M. HOLDER, Conferees on part of House.
B. L. TISINGER, J. D. HARRELL, Conferees on part of Senate.

Mr. President:
The undersigned member of the above committee agrees with the majority report of the committee in recommending the appropriation for the "Farmers' Institute,'' but respectfully dissents from the recommendation that the "public school fund be paid $1,000,000 instead of -$900,000;"
Respectfully submitted,
R. L. MERRITT.

Mr. Davis moves to adopt the minority report, and on this motion the ayes and nays were ordered, and the vote .is as follows :

686

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

. Davis, Hightower, Hopkins, Hudson,

Merritt, Middlebrooks, Park,

Skelton, Smith, Symons,

Those voting in the negative were Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Duncan, of 36th, Harrell, Jordan,

Lee, Ledford, Lewis, Mathews, McClure, McLean, McMichael, Moore, Reid,

Snead, Stevens, Sweat, Taylor, Tisinger, Turner, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Christie, Duncan, of roth,

Golden, Perry,

Starr, Mr. President.

Ayes 9, nays 27.

The motion was lost. The report was agr~ed to.

Mr. President:
Your committee on the part of the Senate as a conference committee with a committee on the part of the House having had under consideration House bill No. 826" and amendments thereto, beg leave to report as follows:

That after consideration it is agreed that the House do

THURSDAY, AUGUST 11, 1904.

687.

recede from its opposition to the Senate Amendment No.. 5 to said bill, and that the House concur therein.
Respectfully submitted,
0. N. STARR, L. L. MIDDLEBROOKS, F. L. SWEAT, Committee on the part of the Senate..

A. W. EVANS, W. T. McHENRY, T. R. WHITLEY, Committee on the part of the Hou!'le.

The report was adopted.
The following House re~olutions and bills were read! third time and put on their passage :

By Mr. Brock-
A resolution to authorize the Prison Commission to. provide work for certain class of convicts.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes were 26,. nays 0.
The bill having received the requisite constitutional ma-jority, was passed.

By Mr. Womble-

A resolution to provide for certain payment to Capt.. Jas. R. Atwater for armory rent.
Report of the committee was agreed to.

-688

JOURNAL OF THE SENATE.

Upon the passage of the resolution the ayes and nays were ordered, and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, {)!ern ents, Crumbley, Davis, Duncan, of 36th, Hightower,

Hudson, Lee, McLean, Mc'!\:lichael, Merritt, Moore, Park, Reid,

Smith, Stevens, Sweat, Symons, Tisinger, Turner, V11n Buren, Worsham.

Those not voting were Messrs.-

Christie, Comas, Duncan, of lOth, Golden, Harrell, Hopkins, .Jordan,

Ledford, Lewis, Mathews, McClure, Middlebrooks, Perry,

Skelton, Snead, Starr, Taylor, Williams, Mr. President.

Ayes 23, nays 0.

The resolution having received the requisite constitu-tional majority, was passed.

By Mr. Grice-
A bill to repeal the Act incorporating the town of Cochran.

Report of the committee was agreed to. Upon the paseage of the bill the ayes were 27, nays 0.

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

THURSDAY, AUGUST 11, 1904.

689

."By Mr. Davis-
A bill to amend the Act incorporating the public schools
.of Blue Ridge.

Report of the committee was agreed to.

Upon the passage of the bill the ayes were 2G, nays 0.

The bill having received the requisite constitutional majority, was pac;;sed.

By Mr. Daniel-
A bill to amend the Act incorporating the town of .Stillmore.

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.

_Mr. President:
Your committee having had under consideration Senate bill 136, unanimously recommend as follows: That the following words, "And the said increase to $3,000 for Superior Court Judges, and $4,000 for Supreme Court Judges -shall be dependent upon compliance with this section," be .stricken from second section of said bill as amended. We further recommend that the Senate refuse to recede from
its amendment to the caption of the bill.
Respectfully submittt:d, W. H. DAVIS, Chairman; E. H. McMICHAEL, P. H. COMAS.
Report was adopted.
44sj

690

JOURNAL OF THE SENATE.

To the Honorable Standing Committee of the Senate on the" Western and Atlantic Railway :

Your special sub-committee appointed to investigate the-

condition of the Western & Atlantic Railway and the

property of the State therein and thereto appertaining, re-.

spectfully submiU! the following report:



Your committee left Atlanta on Saturday morning, Au-- gust the 6th, with schedule arranged so that the committeewas enabled to give thorough inspection to all the property,. the road-bed, track, right-of-way, the depots, and such of the bridges of the road as the committee desired.
We beg to repl)rt that we found the road in its entirety in first-class condition, and that, so far as the committee could determine, the lessees are complying with the terms of the lease i~ every particular. All of the depots seem to be kept up in good shape, and are in every particular in thorough keeping with the importance of the road and. terms of the lease.
We note that, instead of the sixty-eight-pound rail with. which the road-bed is laid, there is being rapidly substi-tuted therefor eighty-pound rails, already fifteen mileshave been laid, and the rest will be completed as soon aspoesible. The road, with the exception of ten miles cinder ballast, the enfire road-bed is being covered with limerock. rock ballast from eight to twelve inches iu thickness.
Respectfully submitted,
WALTER G. PARK,
Chairman ex officio.

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

THURSDAY, AUGUST 11, 1904.

691

Mr. President: The House has passed by the requisite constitutional
majority the following bill of the Senate, ta wit :
A bill to provide for the care of certain convicts.
The House has concurred in Senate amendment No. 13 to the General Appropriation bill.

The House refuses to agree to the report of the conference committee on the following bill of the House,to wit~
A. bill to revise the election laws of the State, and for other purposes.
The House has failed to pass the following bills of the Senate, to wit:
A bill to amend section 3 of an Act approved December 31, 1897, being an Act to create a Prison Commission for the State of Georgia.

A bill to remove the office of State Geologist from the Capitol to the site of the University of Georgia.

A. bill to change the salary of the Clerk of the Commissioner of Agriculture.

On motion the Senate adjourned until 3 o'clock p. m.

The Senate met pursuant to adjournment at 3 o'clock; was called to order by the President.

On motion the roll-call was diepensed with.

At 3:10 the Senate went into executive session.

692

JoURNAL OF THE SENATE.

The following resolution was read and adopted:

By Mr. Mathews-
A resolution to reqest the House to return the Senate resolution adjourning the General Assembly at 4 p. m.

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

Mr. President:

The House bas passed by the requisite constitutional majority the following bills and resolutions of the Senate, to wit:

A bill fixing the salary of the stenographer in the office

of the Attorney-General.

.

A bill to amend section 735, volume 1 of the Code.

A bill to make it a misdemeanor to buy or sell a vote in any primary election.

A bill to incorporate the city of Hartwell.

A bill to abolish the City Court of Hart county.

A resolution to authorize the Governor to raise a medical commission to investigate tuberculosis.

A resolution to pay the per diem and mileage of the late Senator Roberts to his widow.

A bill to amend section 191 of the Code.

THURSDAY, .AUGUST 11, 1904.

693

The House has passed by the requisite constitutional majority, as amended by the House, the following bill of the Senate, to wit:

.A bill to establish the City Court of Hartwell.

The House recedes from its action in refusing to agree to the adoption of the amendment to the caption of the following bill, to wit:

.A bill to prescribe salaries for the ,Judges of the Supreme Court and of the Superior Courts, and agrees to strike the words in the Slaton amendment to the Felder amendment.

The House has concurred in the Senate amendments to the following bill of the House, to wit :

.A bill to amend an Act approved Dec. 21, 1900.

The House has concurred in the Senate amendments and has receded from its amendment to the Senate amendment. to the following bill of the House, to wit :

.A bill ceding to the United States jurisdiction over certain lands ~n the City of Valdosta.

The House has appointed the following committee on the part of the House, under Joint Resolution No. 723, to arrange for transportation to St. Louis on "Georgia Day," to wit : Mr. Dunbar of Richmond, and Mr. Steed of Taylor.

The House has appointed as a Conference Committee on the Australian Ballot bill Messrs. .Akin of Bartow, Franklin of Washington, and Hixon of Carroll.

694

JouRNAL oF THE SENATE.

Mr. Hopkins, Chairman pro tem of the General J udici-
ary Committee, submitted the following report.

Mr. President:
The Committee on General Judiciary has had under con- sideration the following bills of the House and I am instructed to report them with the recommendation that they do pass as amended, to wit :

A bill to recognize, protect and aid the Georgia Industrial Home and other child-saving institutions in this State.

A bill to amend section 657 of the Code.

Also the following bill do pass :
A bill to amend section 650 of the Code. Respectfully submitted, H. W. HOPKINS, Chairman pro tem.

The following House resolutions were raad third time to be put upon their passage:

By Mr. McHenry-
A resolution to appropriate $60 to Sallie Erwin in payment of pension due A. L. Erwin.

Report of the Commitee was agreed to.
Upon the passage of the resolution the ayes and nays were <>rdered and the vote is as follows:

THURSDAY, AUGUST 11, 1904.

695

Those voting in the affirmative were Messrs.-

...Allen, Atkinson, "Clark, Clements, "Comas, Crumbley, Davis, Duncan, of lOth, _Harrell,

Hopkins, Lee, Leqford, Lewis, Mathews, McLean, Merritt, Middlebrooks,

Reid, Skelton, Smith, Snead, Stevens, Sweat, Van Buren, Worsham,

Those not voting were Messrs.-

Christie, Duncan, of 36th, Golden, Hightower, Hudson, -.Jordan,

McClure, McMichael, Moore, Park, Perry, Starr,

Symons, Taylor, Tisinger, Turner, Williams, 'Mr. President.

Ayes 28, nays 0.

The resolution having received the requisite constitu-tional majority was passed.

Committee on Australian ballot bill are Senators Middlebrooks, Starr and Mathews.

The following resolutions of the House were read third time and put upon their passage:

By Mr. Hawes-
A resolution to parchase filing cases for the office of
.Commissioner of Pensions.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays vere ordered and the vote is as follows:

696

JOURNAL OF THE SENATE.

, Those voting in the affirmative were Messrs.-

Allen, Clements, Comas, Crumbley, Davis, Duncan, of lOth, Duncan, of 36th, Harrell,

Hopkins, Lee, Lewis, Mathews, McLean, Middlebrooks, Moore, Skelton,

Snead, Starr, Stevens, Symons, Taylor, Van Buren, Worsham,

Those not voting were Messrs.-

Atkinson, Christie, Clark, Golden, Hightower, Hudson, Jordan,

Ledford McClure, McMichael, Merritt, Park, Perry,) Reid,

Smith, Sweat, Tisinger, Turner, Williams, Mr. President.

Ayes 23, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Slaton-
A resolution for an appropriation conditionally to build: a chemical laboratory at the Technological School.

Report of the Committee was agreed to.

Upon the passage cf the. resolution the ayes and nayswere ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Clark, Comas, Crumbley,

Davis, Duncan, of lOth, Duncan, of 36&h, Hopkins,

Lee, Lewis, Mathews,.
McLean~

THURSDAY, AUGUST 11, 1904.

69T

McMichael,
~Ierritt,
Middlebrooks, Moore,
R~id,

Skelton, Smith, Snead, Starr, Stevens,

Sweat, Tisinger, Van Buren, Worsham,

Those not voting were Messrs.-

Atkinson, Christie, Clements, Golden, Harrell, Hightower,

Hudson, Jordan, Ledford, McClure, Park, Perry,

Ayes 26, nays 0.

Symons, Taylor, Turner, Williams, Mr. President.

The resolution having received the requisite constitutional majority was passed.

Mr. 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 and delivered to the Governor the following Act!',. to wit:

An Act to confer upon the Senior Colonelltof the line Georgia State Troops the rank and title of Brevet BrigadierGeneral.

An Act to amend section 7 of an Act approved Dec. 17, 1903, so as to provide that the two assistant;; of the Adjutant-General shall have the rank of Colonel and LieutenantColonel respectively.
Respectfully submitted,
W. F. SYM0NS: Chairman.

698

JOURNAL OF THE SENATE.

Mr. Symons, Chairman o the Enrollment Committee, -submitted the following report :

Mr. President:
'l'he Committee on Enrollment report a.;; duly enrolled and ready for the signatures of the President of the Senate :and Speaker of the House; the following Acts, to wit:
An Act to confer upon the Senior Colonel of the line -Georgia State Troops the rank and title of Brevet Brigadier-General.
An Act to amend se.ction 7 of an Act approved Dec. 17, 1903, so as to provide that the two a~sistants of the Adjutant-General shall have the rank of Colonel and Lieuten-ant-Colonel respectively.
Respectfully submitted, W. F. SYMONS, Chairman.

The following Senate bill was taken up with House :amendment and the amendment was concurred ir.:

By Mr. Skelton-
A bill to establish the City Court of Hartwell in Hart -county.
The following House bills and resolutions were again taken up to be put upon their passage:

By Mr. Morton-
A resolution to pay pension due Sarah King for 1904 to .her son.
Report of the Committee was agreed to.

THURSDAY, AUGU~T 11, 1904.

699

Upon the passage of the resolution the ayes and nays -,v-ere ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Allen, Clark, Clements, Comas, Crumbley, Davis, Duncan, of lOth, Duncan, of 36th, Harrell, Hudson,

Lee, Ledford, Lewis, Mathews, McClure, McLean, McMicheal, Merritt, Middlebrooks, Moore,

Reid, Skelton, Smith, Snead, Starr, Stevens, Sweat, Tisinger, Van Buren Worsham

Those not voting were Messrs.-

Atkinson, Christie, Golden, Hightower, Hopkins,

Jordan, Park, Perry, Symons,

Taylor, Turner, Williams, Mr. President.

Ayes 30, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Morton-

A resolution to pay pension due Hannah Harris to her 'son.

Report of the committee was agreed to.

Upon the passage of the resolution the ayes and nays -were ordered, and the vote is as follows :

700

JouRNAL OF THE SENA.TE.

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Comas, Crumbley, Davis, Duncan, of lOth, Duncan, of 36th, Harrell, Hopkins, Lee,

Ledford, Lewis, Mathews, McClure, McLean, McMichael, Merritt, Middlebrcoks, Moore,

Reid, Skelton, Snead, Starr, Stevens, Sweat, Tisinger, Van Buren, Worsham,

Those not voting were Messrs.-

Allen, Christie, Clements, Golden, Hightower,

Hudson, Jordan, Park, Perry, Smith,

Symons, Taylor, Turner, Williams, Mr. President.

Ayes 28, nays 0.

The resolution having received the requisite constitutional majority was passed.

By Mr. Felder-
A bill to recognize, protect and aid the Georgia Indus-trial Home.

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.
And the amendments are as follows :

THURSDAY, AUGUST 11, 1904.

701

House bill No. 306-

Amend section 2 in 23d line by striking word "shall'' .and inserting "may in his discretion.''

Amend section 2 in 30th line by striking the words and figures "twenty-one (21)" and inserting in lieu the words and figures "sixteen (16) ".

Amend section 3 in line 6 by striking the word "shall" .and inserting in place thereof tht! WQrd "may".

Amend section 3 by inserting after the words "maintenance fund" in the eleventh line, the words "such as may be agreed on by said county authorities and the authorities -of said institution".

Amend section 3, in line 19, by striking the word "said," and inserting in place thereof, the words "such .agreed".

Amend section 5 by striking out all after the word "Institution" in the 18th 'linP. and down to and including the word "child'' in the 20th line.

Amend section 2 by adding at the end thereof the following proviso :

Provided, however, that any child so committed to such institution, may be withdrawn from the same, upon the application for or in behalf of such child, made to the Ordinary of the county from which the ch~ld is committed, upon sufficient reason therefor shown as far as the best interests of said child in the discretion of said Ordinary.

702

JOURNAL OF THE SESATE.

By Mr. Underwood-

A bill to amend section 650 of the Code. Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 2.
The bill having received the requisite constitutional majority was passed.
The following Senate resolution was read and adopted ~-

By Mr. Tisinger---

A resolution to amend Senate Rule 106 of the Senaterelative to the messenger.
The following House bills were again taken up :

By Mr. McHenryA bill to amend section 892 of the Code. Report of the committee was agreed to.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional ma- jo~ity, was pas~ed.
By Messrs. Moses and Leigh-

A resolution to pay pension of Mrs. Adeline Haines toher son.
Report of the committee was agreed to.

THURSDAY, AUGUST 11, 1904.

703.

Upon the passage of the bill the ayes and nays were- o.rdered, and the vote is as follows : .

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of lOth, Duncan, of 36th, Harrell,

Hopkins, Hudson, Ledford, Lewis, McClure, McLean,
Mc~fichael,
Merritt, Moore,

Reid, Skelton, Snead, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams,

Those voting in the negative were Messrs.-
Symons.

Those not voting were Messre.-

Christie, Golden, . Hightower, Jordan, Lee,

Mathews, Middlebrooks, Park, Perry, Smith.

.Ayes 28, nays 1.

Starr, Turner, Worsham, Mr. President.

The resolution having received the requisite constitu-tional majority was passed.

By Mr. Blackburn-

A resolution to pay pension of William Futch to hiswidow.

Report of the Committee was agreed to.
Upon the p~tssage of the !'esolution the ayes and nayswere ordered and the vote is as follows :

"704

JOURNAL OF THE ::SENATE.

Those voting in tbe affirmative were Messrs.-

Allen, Atkinson, .Clark, Clements, Comas, Crumbley, .Davis, Duncan, of lOth, :Duncan, of 36th, Harrell, Hopkins,

Hudson, Lee, Ledford, Lewis, McClure, McLean, McMichael, Merritt, Moore, Reid,

Skelton, Snead, Stevens, Sweat, Symons, Taylor, 'Jisinger, Van Buren, williams,
Worsham,_

Those not voting were Messrs.-

Christie, Golden, Hightower, .Jordan,

Mathews, Middle brooks, Park, Perry,

Smith, Starr, Turner, ~Jr. President.

_Aye., 31, nays 0.

The resolution having received the requisite constitutional majority was paseed.

.By Mr. Rawles-

A resolution to pay pension of Mrs. E. C. Shearouse.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and tbe vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Comas,

Crumbley, Davis, Duncan, of 36th, Harrell,

Hopkins, Hudson, Lee, Ledford,

THUBSDAY, AUGUST 11, 1904.

705

Lewis, McClure, McLean, McMichael, Merritt, Moore,

Reid, Skelton, Smith, Snead, Stevens,

Those not voting were Messrs.-

Christie, Clements, Duncan, of 1oth, Golden, Hightower,

Jordan, Mathews, Middlebrooks; Park, Perry,

Ayes 28, nays 0.

Sweat, Taylor, Tisinger, Williams, Worsham,
Starr, Symons, Turner, Van Buren, Mr. President.

The resolution having received the requisite constitutional majority was passed.

By Mr. Dunbar-

A resolution to appropriate to Martha Martin pensiOn due William Robinson.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Harrell,
45 8 j

Hudson, Lee, Lewis, McClure, McLean, McMichael, Merritt, Moore, Reid,

Skelton, Snead, Stevens, Sweat, Taylor, Tisinger, Van Buren, Williams,

706

JOURNAL OF THE SENATE.

Those not voting were :Messrs.-

Allen, Christie, Golden, Hightower, Hopkins, Jordan,

Ledford, Mathews, Middlebrooks, Park, Perry, Smith,

Starr, Symons, Turner, Worsham, Mr. President.

Ayes 26, nays 0.

The resolution having received the requisite constitutional majority was passed.

By :Mr. Flanigan-
A resolution to pay pension of J. F. :McCain to his widow.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nayg were ordered and the vote is as follows :

Those voting in the affirmative were :Messrs.-

Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 10th, Harrell, Hopkins, Hudson,

Ledford, Lewis, McClure, McLean, McMichael, Merritt, Moore, Reid, Skelton; Smith,

Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Van Buren, Williams, Worsham,

THURSDAY, AUGUST 11, 1904.

707

Those not voting were Messrs.-

Allen, Christie, Duncan, of 36th, Golden, Hightower,

Jordan, Lee, Mathews, Middlebrooks, Park,

Ayes 29, nays 0.

Perry, Starr, Turner, Mr. President

The resolution having received the requisite constitutional majority was passed.

By Mr. Valentine-
A resolution to pay pension of Geo. Michael to Elbert Withington.

Report of the Committee was agreed to.

Upon the passage of the bill the ayes and nays were ordered and the vote is as follows :

Those voting in the affirmative were Messrs.-

Clark, Clements, Comas, Crumbley, Davis, Duncan, of 1oth, Duncan, of 36th, Harrell, Hopkins,

Lee, Lewis, McClure, McLean, McMichael, Merritt, Moore, Park, Reid,

Skelton, Snead, Stevens, Sweat, Taylor, Tisinger, Van Buren, Worsham,

Those not voting were Messrs.-

Allen, Atkinson, Christie, Golden, Hightower, Hudson,

Jordan, Ledford, Mathews, Middlebrooks, Perry, Smith,

Ayes 26, nays 0.

Starr, Symons, Turner, Williams, Mr. Prc~i<!ent.

708

JOURNAL OF THE SENATE.

The resolution having received the requisite constitutional majority was passed.

By Mr. English-
A resolution to pay pension to Mrs. Thos. F. Person of Warren county.

Report of the Committee was agreed to.

Upon the passage of the resolution the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Clark, Clements, Comas, Crumbley, Davis, Duncan, of 10th, Duncan, of 36th, Harrell,

Hopkins, Lee, Ledford, Lewis, McClure, McLean,McMichael, Merritt, Moore, Park,

Reid, Skelton, Snead, Stevens, Sweat, Symons, Taylor, Tisinger, Williams, Worsham,

Those not voting were Messrs.

Christie, Golden, Hightower, Hudson, Jordan,

Mathews, Middlebrooks, Perry, Smith,

Ayes 29, nays 0.

Starr, Turner, Van Buren, Mr. President.

The resolution having received the requisite constitutional majority was passed.

THuRmAY, AuGUST 11, 1904.

709

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

Mr. President:

The House has adopted the following resolutions m which the concurrence of the Senate is asked, to wit :
A resolution fixing the hour of adjournment sine die.
A resolution requesting the return ot House bill No. 1135 for the purpose of allowing the House to recede from its disagreement to the Senate amendment.

The following House resolution was adopted :
By Mr. Bruce-
A resolution requesting the Senate to return House bill No. 1135.

August 11, 1904.
The following communication was received from his Excellency the Governor, through his Secretary, Mr. Hitch, to wit :

Mr. President :

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

Conf~rence Committee on the part of the Senate on the differences of the House and Senate on House bill to be

710

JOURNAL OF THE SENATE,

known as the Australian Ballot BiJl, beg leave to submit the following report:

After conferring with the Conference Committee on the

part of the House, a majority of the Senate Conference

Committee recommends that the Senate recede from its

amendment providing for the submission of the question of

adopting the provisions of the bill to an election of the

people.

L. L. MIDDLEBROOKS,

Chairman.

On the adoption of this report the ayes and nays were ordered and the vote is as follows:

Those voting in the affirmative were Messrs.-

McMichael. Merritt.

Middlebrooks, Smith,

Sweat, Symons,

Those voting in the negative were Messrs.-

Allen, Atkinson, Clark, Clements. Comas, Crumbley, Davis, Duncan, of 36th, Harrell, Hopkins,

Hudson, Jordan,
Lee,
Ledford, Mathews, McClure, McLean, Moore, Park, Reid,

Skelton, 'Snead, Starr, Stevens, 'faylor, Tisinger, Van Buren, Williams, Worsham,

Those not voting were Messrs.-

Christie, Duncan, of lOth, Golden,

Hightower, Lewis, Perry,

Turner, Mr. President.

Ayes 6, nays 29.

The report was not adopted.

THURSDAY, AuGusT 11, 1904.

711

The following joint resolution was adopted:

By Mr. Hopkins-

A resolution requesting the Governor to require the State Printer io deliver to the State Librarian the Acts of the General Assembly of 1904 within sixty days.

The following House resolution was read and adopted by substitute:

By Mr. Wilson-
A resolution adjourning the General Assembly sine die at 6 o'clock.
On motion the Senate adjourned until 8 o'clock to-night.
The Senate met pursuant to adjournment at 8 o'clock; was called to order by the President.
On motion the roll-call was dispensed with.
The following message was received from the House of Representatives 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:
A bill to provide for the substitution of trustees for bonds in certain cases.
A bill to increase the number of terms of the Superior Court of Chatham county.

712

JOURNAL OF THE SENATE.

A bill to prohibit traffic in non-transferable signature tickets issued by common carriers and to require common carriers to redeem unused or partly used tickets.

A bill to carry into effect paragraph 1, section 1, article 7 of the Constitution, with reference to creating a deb.t other than a bonded debt by counties and municipalities.

The Hnuse has concurred in the Senate amendments to the following bills of the House, to wit :

A bill to recognize, protect and aid the Georgia Industrial Home and other child-saving institutions.

A bill to incorporate Hoschton School District.
The House has adopted th~ report of the Conference Committee on House bill No. 826, commonly known as the "Australian Ballot Bill,'' that the Senate recede from its amendments. The House returns the bill to the Senate, and refuses to appoint another Conference Committee on the same.

The House has passed by substitute by the requisite constitutional majority the following bill of the Senate, to wit:

A bill to regulate the business of money lending on personal property.

Atlanta, Ga., August 11, 1904.
Mr. President:
Your Committee appointed to confer with the House Committee upon "House bill No. 186 to a&sess corporate property," respectfully submit that they have failed to agree.

THURSDAY, AUGUST 11, 1904.

713

Your Committee further reports that they believe it impossible for the House and Senate to agree upon this matter, and as the Senate in its substitute for said House bill No. i86 has offered to the House a full and fair measure to provide for the assessment of all property, corporate and otherwise, in accordance with the fundamental principles of our government, we recommend that the Senate stand upon its substitute.

Respectfully submitted,
J. RICE SMITH, T. G. HUDSON, A. ATKINSON,
Committee.

Report was adopted.

The following message wa~ received from the House t_!rough Mr. Boifeuillet, the Clerk thereof :

Mr. President:
The House has appointed Messrs. Deal, Gaulden and Conner as a Conference Committee on the part of the House on House bill No. 186, to provide for the assessment for taxation of corporations that make returns to the Comptroller-General.
The following bill of the Senate was taken up with House substitute and the substitute was adopted :

By Mr. Howell-
A bill to regulate the business of money lending in this State on personal property.

714

JouRNAL oF THE SENATE.

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

By Mr. Watson-
A bill to provide for the payment of insolvent costs of the Constables and other officers in McDuffie 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 pa!'lsed.

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

Mr. President : The House bas passed by the requisite constitutional ma-
jority the following Senate bills, to wit :
A bill to regulate the sale of domestic wines.
A bill to amend the charter of the town of Arlington.

A bill to repeal an Act amending the charter of Camilla. A bill to amend section 1541 of the Code.

A bill to amend section 982 of the Code, so as to add Sparta to the list of cities having State depositories.

The House has adopted the following resolution in which the concurrence of the Senate is asked, to wit:
A resolution providing for a joint committee to report a suitable hour for adjournment sine die.

THURSDAY, AuGusT 11, 1904.

715

The House has appointed Messrs. Grice, Calvin and Preston as a committee to confer with the Senate in regard to the hour of adjournment.

The House has passed by the requisite constitutional majority, as amended by the House, to wit:

A bill to authorize the Board of Medical Examiners to grant licenses to licensees of Medical Boards of other States without examination.

Mr. Smith moved that the Senate refuse to appoint any other Conference Committee on House bill No. 186.

Mr. Mathews moved as a substitute that another Conference Committee be appointed.

The Mathews motion was lost.

The Smith motion prevailed.

The following resolutions were adopted.

By Mr. ~mith-
A resolution requesting the next Secretaty of the Senate to employ Amos Rucker as porter.

By Mr. Harrell-
A resolution to refuse to appoint any other Conference Committee on House bill No. 826, known as the Australian ballot bill.

By Mr. VanBurenA resolution thanking the Secretary of the Senate, Ron.

'716

JouRNAL oF THE SENATE.

C. S. N ortheu and the Bowden Lithia Company for the splendid water furnished during the session of the Senate.

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, as amended by the House, the following bill of the Senate, to wit :

A bill to amend section 826 of volume 1 of the Code.

The House has receded from its non-concurrence and concurs in Senate Amendment No. 2, to the following House bill, to wit :
A bill to incorporate McCaysville.
The House bas adopted the following joint resolution :
A resolution that the General As11embly adjourn sine die at 10:30 o'clock.
The House bas pa~sed by the requisite constitutional majority the following bills of the Senate, to wit :
A bill to amend section 1497, volume 1 of the Code.

A bill to amend section 1495, volume 1 of the Code.

A bill to regulate investment companies.

A bill regulating bonds of the Treasurer, ComptrollerGeneral, and Secretary of State.

THURSDAY, AuousT 11, 1904.

717

A bill to amend section 1492 of volume 1 of the Code.

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

A resolution providing for a joint committee to visit the University of Georgia at the annual commencement in 1905.

The following S('nate bills were taken up with House amendments and the amendments were concurred in.

By Mr. Smith-
A bill to authorize the Board of Medical Examiners of this State to grant license to licensees of medical boards of other States without examination.

By Mr. Hopkins--

A bill to amend section 826 of the Code.

The following House resolution was taken up:

By Mr.---A resolution making the hour of adjournment 10:30.

The resol11tioo was adopted.as amended.

The amendment is that 11:30.

By Mr. Park of 37th District-
A resolution of thanks to Roo. W. T. Gentry, VicePresident and General Manager, and W. T. Roberts, Lo-

718

JouRNAL oF THE SENATE.

cal Manager of Southern Bell Telephone Co., for use of telephone in cloak room.

The resolution was unanimously adopted.

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

M1. President:
The General Judiciary Committee has had under consideration the following bill of the House, which it instructs me to r~port with the recommendation that it do not pass, to wit:
A bill to prohibit persons or at.sociations to operate any railroad in this State unless they shall first become incorporated under the general laws ot this State.
Respectfully submitted, H. W. HOPKINS, Acting Chairman.

The following House bill was taken up with adver.se report from the Committee :

By Mr. Hall-
A bi1l to require foreign corporations to become incorporated under the laws of this State.

On motion the bill was tabled.

The following House resolution was concurred in :
By Mr. Calvin-

A resolution appointing a committee of fifteen from the

THURSDAY, AUGUST 11, 1904.

719

House and ten from the Senate to visit the State University at commencement.

The Committee on the part of the Senate are Senators Crumbley, Jordan, Williams, Stevens, Middlebrooks, Allen, McMichael, Park, Ledford, Mathews.

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

Jfr. President:
The House has adopted a resolution inviting the members of the Senate to an informal hand-shaking in the Hall of the House of Representatives immediately after adjournment to-night.

The House has appointed as a committee on the part of the House to attend the University or Georgia at commencement in 1905: Messrs. Calvin, Owen, Martin, Franklin, Jones of Pickens, Stewart, Gaulden, Leigh, Flynt, Phillips, McCurry, Fllinigan, Hall of Bibb, Hayes, and Steed of Carroll.

I am instructed by the House to inform the Senate that the House of Representatives has completed its business, and is now ready to adjourn sine die.

Mr. Symons, Chairman of the Enrollment Committee 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 Acts and Resolutions, to wit :

720

JoURNAL OF THE SENATE,

An Act to provide for the care of certain convicts in this State.
An Act fixing the salary of the stenographer in the office of the Attorney-General.
An Act to establish county dispensaries for the county of Mitchell.
An Act to abolish the municipality of Everett.

An Act to amend charter of town of Maysville.

An Act to amend section 982 of Code by adding Sparta to the list of State depository cities and towns.

An Act to prohibit traffic in non-transferable signature tickets issued by common carriers.

An Act to amend section 1495, volume 1 of the Code.

An Act to increase the number of terms of the Superior Court of Chatham county.

An Act to regulate investment companies.

An Act authorizing Mayor and Council of McDonough to i~>sue bonds for school purposes.

An Act providing for the substitution of trustees for bonds iu certain cases..
An Act to amend section 1764, volume 1 of the Code.
An Act to incorporate the city of Hartwell.

An Act to abolish the City Court of Hart county.

An Act to establish the City Court of Hartwell.

THURSDAY, AuGUST 11, 1904.

721

An Act to repeal Act of October 24, 1887, amendillg -<lharter of Camilla.

An Act to increase salaries of Judges of Superior and Justices of Supreme Court.

An Act to amend section 73.5, volume 1 of Code.

An Act to carry into effect paragraph 1, section 1, arti-cle 7 of the Constitution.

An Act to make it a misdemeanor to ~uy or sell a vote :at any primary election.

An Act to amend section 1497, volume 1 of Code. An Act to authorize Board of Medical Examiners to :grant licenses to licensees of medical boards of other States.
An Act to amend the charter of Arlington. An Act to amend section 1541, volume 1 of Code. An Act to create a new charter for Willacoochee.
An Act to regulate the business of money lending on personalty.
An Act to amend charter of Columbus.

An Act to amend section 826, volume 1 of Code. An Act to amend section 1491, volume 1 of Code. A resolution to raise a Medical Commission. A resolution for the relief of L. W. Griffin.
46 8 j

722

JoURNAL OF THE SENATE.

A resolution to pay per diem and mileage of Senator L. H. Roberts.
Respectfully submitted,
W. F. SYMONS, Chairman.

Mr. Symons, Chairman of the Enrolling Committee submits the following report:
~r. President:
The Committee on Enrollment report duly enrolled, signed by the President of the Senate and Speaker of the House and. delivered to the Governor the following Acts and Resolutions, to wit:
An Act to provide for the care of certain convicts ID this State.
An Act fixing the salary of the stenographer m the office of the Attorney-General.
~n Act to establish county dispemaries for the county C)f Mitchell.

An Act to abolish the municipality of Everett.

An Act to amend the charter of the town of Maysville.

An Act to amend section 982 of the Code by adding Sparta to the list of State depositories.

An Act to prohibit traffic in non-transferable signature tickets issued by common carriers.

An Act to amend section 1495, volume 1 of the Code.

THURSDAY, AUGUST 11, 1904.

723

An Act to increase the number of terms of the Superior Court of Chatham county.

An Act to regulate investment companies.
An Act to authorize the mayor and council of McDonough to issue bonds for school purposes.

An Act to provide for the substitution of trustees for bonds in certain cases.

An Act to amend section 1764, volume 1 of the Code.

An Act to incorporate the city of Hartwell.

An Act to abolish the city court of Hart county.

An Act to establish the city court of Hartwell.

An Act to repeal an Act of October 24, 1887, amending the charter of Camilla.

An Act to increase the salary of the Judges of the Superior and :::;upreme Courts.

An Act to amend section 735, volume 1 of the Code.
An Act to carry into effect paragraph l, section 1, article 7 of the Constitution.

An Act to make it a misdemeanor to buy or sell a vote at primary elections.

An Act to amend section 1497, volume 1 of the Code.

An Act to authorize Boards of Medical Examiners to grant IicenEe to licensees of medical boards of other States.

724

JOURNAL OF THE SENATE.

An Act to amend the charter of Arlington.

An Act to amend section 1541 of volume 1 of the Code. An Act to create a new charter for Willacoochee.

An Act to regulate money lending on personalty.

An Act to amend the charter of Columbue.

An Act to amend section 826, volume 1 of the Code.

An Act to amend section 1491, volume 1 of the Code.

A resolution to raise a medical commission. A resolution for the relief of L. W. Griffin.

A resolution to pay per diem and mileage of Senator L. H. Roberts.
Respectfully submitted,
W. F. SYMONS, Chairman

The following resolutions were adopted:

By Mr. Hudson-
A resolution extending the thanks of the Senate to Hon. J. W. Green and his assistants for courtesies shown the Senate.
A resolution extending the thanks of the Senate to Hon. Flynt Hargett for his many kindnesses shown us.

A resolution that the House be notified that the Senate is ready to adjourn sine die.
On motion of Senator Merritt the Senate adjourned sine die.

INDEX
TO THE
SENATE JOURNAL
FOR 'HE
YEAR 1904.

INDEX.

SENATE BILLS AND RESOLU'riONS.

.ADJOURN .\IENT-
Senate adjourned sine die............. . . . . . . . . . . . . 72-1

BANKS-

A bill to add the town of Sparta to the list of State depositories .................................. .40 51.55
A bill to add the towns of Perry and Ft. Valley to list of State depositories.........................45 51 56
A bill to provide for the examination of private banks by the State bank examiner ............54 84 165
A bill to add the town of Temple to the list of State depositories.............................. 66 82
A bill to require all the chartered banks to keep open five hours a day........................... 167

{)ODE AMENDMENTS-

A bill to amenJ section 2753 of the Code... . . . . . . .

50

A bill to amend section 821 of the Code so as to

authorize the tax-collector to issue fi. fas ...... . 55 64

A bill to amend section 150 of the Code ......... . 55 77

A bill to amend section 3516 of vol. 2 of the Code .. .

67

.A bill to amend section 1115 of the Code relative

to the pay of jurors and witnesses. . . . . . . . . . . . . . 67 167

A bill to amend section 1374 of the Code as to

duties of county school commissioners..........

80

A bill to amend section 1254 of the Code ........80 165 201

A bill to amend section 422 of the Code. . . . . . . . . . . 167

728

INDEX.

CODE AMENDMENTS-Continued.
A bill to amend section 3278 of vol. 2 of the Code. 17S A bill to amend section 1777, of the Code....... 181 263 283 A bill'to amend section 5548 of the Code ...... 216 303 322" A bill to amend section 826 of the Code of 1895 .239 263 455
599 717 A bill to amend section 369 of the Code ........ 250 276 363 A bill to amend section 291 of the Code of 1895.251 303 323 A bill to amend section 735 of the Code ....... 251 303 322 A bill to amend section 1791 of the Code ...274 360 37& 470 A bill to amend section 2778 of the Code. . . . . . . . . 306 A bill to amend section 1764 of the Code ...... 337 359 379 A bill to amend section 191 of the Code ......337 374 421 A bill to amend section 53~1 of the Code of 1895.338 396 463 A bill to amend section 1495 of the Code ...... 257 373 42L A bill to amend section 1497 of .the Code ...... 257 373 421 A bill to amend section 1492 of the Code ....... 357 373 422 A bill to amend section 4102 of the Code....... 372 397 462 A bill to amend section 650 of the Code of 1895 ... 391 4tl4 A bill to amend section 1486 of the Code .. 397 440 526 563 A bill to repeal section 1262 of the Code. . . . . . . . . . 470 487 A bill to amend section 1254 of the Code ...... .470 487 600 A bill to amend section 278 of the Code . . . . . . . . . 559

COMMITTEES-SPECIAL--

To notify the Governor that the Senate is ready

for busmess. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .

5-

To decide who shall be allowed on the inside of the

brass railing in the rear of the Senate Chamber

5

Committee to investigate the number of juvenile

convicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

Committee on ballot reform . . . . . . . . . . . . . . . . . . . . .

46

Committee on general laws govProing corporations

85

Committee on leasing part of the State's property

on theW. & A. R. R.......... ... .. .... .. . .. .. . 261

Committee on banking laws of this State......... 314

Committee to investigate fertilizers in this State. 360.

Committee to provide for successors to the Gov-

ernor.......................................... 497

Committee to wait on Gen. Lee and Hon. Goode. 606

Committee to select portrait of Gen. Jno. B. Gor-

don . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 622

Committee to look into going to St. Louis on

Georgia Day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638-

INDEX.

729'

COMMITTEES-SPECIAL-Continued.
Committee on Australian ballot bill ............. 663 69& Committee on amendments to General Appropria-
tion Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664 667 667 Committee on Senate Bill No. 136.... . . . .. . . . . . 675 Committee on House Bill No. 186 . . . . . . ........ 684 112 Committee to visit 8tate University at Com-
mencement.................................... 7Ht

COMMITTEE REPORTS-SPI!:CIAL-

Report of committee to notify Governor that the

Senate was ready for business................. .

Report of committee on what persons shall be

allowed the privileges of the floor of the Senate

inside the brass railing. . . . . . . . . . . . . . . . . . . . . . .

43

Report of committee to mvestigate the different

departments of State.... . . . . . . . . . . . . . . . . . . . . . . 64 89

Report of committee 1o visit State Sanitarium. . . 253-

Report of committee on registration of land titles 348-

Report of committee on Blind Asylum........... 441

Report of committee to investigate the number of

juvenile convicts........ . . . . . . . . . . . . . . . . . . . . . . 523

Report of committee on Australian ballot bill .... 664 700

Report of committee on tieneral Appropriation

bill.................. . . . . . . . . . . . . . . . . . . . . . . . . . 664

Report of committee on House Bill No. 186....... 684

Report of committee on House Bill No. 832...... ti8i)

Committee l'eport on House Bill No. 826.......... 686-

Committee report on Senate Bill No. 136.......... 689

Committee report an W. & A. R. R............. .. 69(}

COMMITTEES' REPORT-STANDING-
Committee on Corporations . . . . .44 54 81 196 222 230 249 270 292 372 387 388 464 464 487 510 527 573 587 607
Committee on Banks ........ 48 81 160 259 290 381 418 629 Committee on Special-Judiciary ...... 49 61 72 173 Hl5 208'
214 219 267 2!Jl 316 358 369 426 457 486 508 527 536 572 606 632 ~5Z 674 Committee on Engrossing ..... 53 59 71 73 79 160 160 170 184 187 195 207 219 229 236 271 289 615 338 354 370 371 384 395 431 455 480 500 558 566 607 Committee on General Judiciary .... 60 78 159 199 212 221
252 300 319 381 385 406 432 454 485 520 534 651 663 670 694 71S

730

INDEX.

COMMITTEES' REPORT-STANDING-Continued.

Committee on Milit~ry Affairs................... 72 248

Committee on Appropriation................. 74 317 339

505 563 572 654

Committee on Public Library....................

78

Committee on Pensions .............. 159 16-l Hl7 317 357

440 521 562 636 648

Committee on Temperance ................... 164 220 279

406 534 587

Committee on Enrolling ..... 168 liO 181 182 2t:8 271 336

353 395 418 506 507 509 623

624 670 675 697 698 719 722

Committee on Constitutional Amendments... 171 172 200

~22 253 269 291 321 355 458

Committee on Education .................. 188 209 292 382

3~6 405 466 528 533 631

Committee on Hygiene and Sanitation ........... 194 201

392 399 443 506 510

Committee on Finance ....................... 19-l 384 485

Committee on Railroads ..................... 212 391 585

Committee on Immigration and Labor......

212

Committee on Penitentiary ...................... 222 406

Committee on Agriculture ........... 249 357 417 569 628

Committee on University or Georgia............. 429

Committee on academy for the Blind............ 579

COMMITTEE REPORT::l-MISO 3-ITY-
Committee report on agriculture .... ,............ 427 Committee report on House billl86.............. 503 Committee report on House bill No. 832.... . . . .. 685
COMMUNICATIONS .. .. .. . . . . .. .. .. .. . .. .. . . . . . .. .. .. . 709

CONSTITUTIONAL AMENDMENTS-

A bill to amend the Constitution so as to provide

for the appointment of judges anu solicitors by

the Governor....................... .. . . . . . . .. 41 46

A bill to ainend the.Uonstitution so as to elect the

Supreme Court judges by the Legislature and

superior court judges by the Supreme Court. . .

49

A bill to amend the Constitution so as to provide

for the election of all county officers for a term

of four years............................... 169 175 279

INDEX.

731

CONSTITUfiON AL AMENpMENT3-Cbntinued.
A bill to amend paragraph 8, section 1, article 5 of the Constitution ........................ liS 295 363
A bill to amend paragraph 18, section 7, article 3 of the ConstitutioI....................... 216 275 295
A bill to amend section 3 of the Constitution ..... 250 267 A bill to carry into effect paragraph 1, article 1,
section 7 of the Constitution............ 294 331 350 A bill to amend paragraph 5, section I, article 1,
of the Constitution ....................... 294 332 360

COUNTY COMMISSIONERS-

A bill to amend the act creating board of roads and bridges commissioners.................... 169
A bill to amend an act creating a board of roads and bridges commissioners for Appling county .. 176 180

.COUNTY OFFICERS-

A bill to authorize justices of peace to change the

time of holding justice courts.................

66

A bill to authorize the ordinary and judge of the

county court of Taliaferro county to be held by

one and the same person .................. 266 303 367

A bill to amend an act to reduce the fees of nota-

ries public in this State . . . . . . . . . . . . . . . . . . . . . . 389 424 463 .

COUNTY COURTS-
A bill to amend section 765 referring to certioraries from county courts............................ 43 51
A bill to repl'al the act creating the county court of Worth county ................................ 487 518
<~JITY COURTS-
A bill to amenc the act establishing the city court of Douglass ................................... 41 51 56
A bill to amt>nd the act establishing the city court of Waynesboro ........................... 188 200 213
A bill to repeal section 1 of an act creating the city court of Early county . . . . . . . . . . . . . . . . . . . . . . 220 320 367

732

INDEX.

Cll;Y COURTS-Continued.

A bill to amend an act establishing the city court of Hall county .............................. 331 396 442'
A bill to abolish the city court of Hartwell ... 356 374 423: A bill to establish the city court of Hartwell .... 356 3i4
422 698 A bill to repeal an act creating the city court of
Early county. . . .. .. . . . . . . . . . .. .. . . . . . . . . . .. . .. . 377 424

COURTS-SUPERIOR AND SUPREME-

A bill to revise the superior court calendar for the counties comprising the Brunswick circuit 55 65 76
A bill to change the time of holding the superior court in Hancock county . . . . . . . . . . . . . . . . . . . 220 263 283
A bill to increase the number of terms of the superior court of Chatham county .......... 461 489 5~5-
A bill to fix the salaries of the judges of the Supreme Court and superior courts . . . . . . . . . . . . . . 62.') 627"

CONVICTS-

A bill to authorize county authorities working convicts to manage such convicts as they deem best ............................................ 256 275

DISPENSARIES-

A bill to repeal an act establishing a dispensary

for the town of Hogansville. . . . . . . . . . . . . . . .

68-

A bill to amend the act establishing dispensaries

in Terrell county so as to provide for a secretary

and treasurer for said board of commissioners

80 164 18~

A bill to establish, maintain and re~ulate a dis-

pensary in the town of Arlington. . . . . . . . . . . . . . . 166-

A bill to establish dispensaries in Mitchell county 274 302'
w-

EDUCATIONAL-

A bill to vest in a board of academy commission'ers in Mcintosh county and abolish the toard of education . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 372 518-

INDEX.

733

ELECTIONS-

Certificate of 0. N. Starr. . . . . . . . . . . . . . . . . . . . . . . . .

3

ELECTION LAWf!-
A bill to make the criminal laws applicable to primary elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

EXECUTIVE SESSIONS-

INSURANCE-

41 46 52 58 69 77 86 168 178 182 185 193 621 691

A bill to grant corporate powers to accident and sick benefit insurance companies . . . . . . . . . . . . . 41 84 16:)
A bill to authorize the Treasurer of this State to receive and deposit in his office certain bonds as security by fire insurance companies doing business in this State .................. , ....... 443 454 480

LIQUOR LAWS-

A bill to rP.gulate the sale of domestic wines made from grapes, etc ............................ 189 200 224
MILITARY LAW8-

A bill to confer upon the senior colonel of the line in Georgia the rank and title of Brevet Brigadier-General. . . . . . . . . . . . . . . . . . . . . . . . . . . 239 363 284 681
A bill to amend section 7 of an act reorganizing the military forces of this State ............ 239 263 285

MESSAGES-HOUSE-

5 45 45 53 65 70 87 174 186 199 208 215 218 230 236 247 265 289 315 318 333 302 380 401 433 452 469 479 482 491 500 522 535 557 569 574 589 601 622 627 633 641 648 6ry1 655 660 661 665 679 690 692 709 711 713 714
716 719

734

INDEX.

MESSAGES-EXECUTIVE-

6 40 42 48 52 62 71 83 174 184 184 458 529 574 58~ 669 674

MISCELLANEOUS BILLS-

A bill to limit the present session of the General

Assembly to thirtv days. . . . . . . . . . . . . . . . . . . . . . . .

40

A bill to regulate investment companies in Geor-

gia.................................... . .... 41 65 l53

A bill to prohibit any bailiff or other officer from

arresting any person except on warrant........

5(}

A bill to regulate the business of money-lending

on personal property . . . . . . . . . . . . . . . . 50 302 322 336 713

A bill to regulate the inspection and sale of fertil-

izers in this State..................... . .... 68 84 482

A bill to authorize cities and towns to manufac-

ture, use and sell gas and electricity 'for light-

ing purposes .............................. 80 ~63 287

A bill to amend an act so as to authorize the

Treasurer of the State to draw on any funds in

the treasury to a certain amount for the pay-

ment of teachers ............................ SO 166 192

A bill to prohibit traffic in non-transferable signa-

ture tickets issued by common carriers, and to

require common carriers to redeem unused

tickets ..................................... 81 213 224

A bill to prohibit the acceptance of passes or

franks by judges and solicitors-general of this

State .......................................... 166 586

A bill to place upon the retired list all officers

having served for three years between 1865 and

1887............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

A bill to prohibit the operation of bucket-shops in

this State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17t)

A bill to prohibit the importation of seed from

cotton, hay and other products affected with

Texas boll weevil ........................... 182 264 283

A bill to require the Treasurer of this State, the

Comptroller-General and Secretary of State to

give bond in a solvent guarantee company, and

same to be paid for by the State ............ 185 226 256

A bill to prescribe the time for the visit of the

board of visitors of the State "P"niversity ... 185 226 234

INDEX.

735

MISCELLANEOUS BILLS-Continued.

A bill to provide for a remedy on official bonds given by the officers of this State in the event of default. . . . . . . . . . . . . . . .................... .. 189 226 251>
A bill to create an immigration commission for the Htate of Georgia ................ 18j} 202 215 223 231
A bill to prohibit boycotting and for other purposes .................................... 216 331 350
A bill to make it unlawful for any person to board a railroad train or other cars in an intoxicated condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 320 375 45G
A bill to fix the weight of a bushel of meal in Georgia .. .. . . . . . .. . . . . .. . . . . .. .. . .. . . ..... 223 263 284
A bill to authorize the ordinaries of this State to appoint rdministrators ad litem to prescribe who shall be appointed.... . . . . . . . . . . . . . . . . . . . 233
A bill to fix the salary of stenographer in the Attorney-General's office ..................... 233 264 300
A bill to protect the owners of live stock in Mcintosh county............................ 250 275 298 431
A bill to provide the dormancy of judgments by making certain entries and records on the genel'al execution docket ...................... 250 276 302
A bill to authorize 0. H. Sheffield et al. to construct a dam across the Savannah river .. 251 275 298 601
A bill to make bonds for title admissible to record ................. .......................... 263 284
A bill to prescribe the time in which notes, checks and other commercial papers shall be protested 266 320 490
A bill to amend an act requiring the Commissioner of Agriculture to establish a department of Horticulture and Pomology ............. 267 424 442
A bill for the protection of the manufacturer, bottlers and dealer!~ in ginger ale and other mineral waters .. ~ ......... ...... ~.... . . . . . . . . . . . . 275
A bill to provide. for fast writs of error to interlocutory orders directing or confirming sales of property. . . . .. . . .. . . . . . . . . . . . . . . ... 278 303 3:?3
A bill to prohibit the sale of cotton futures in this St.ate...................................... 285
A bill to make it a misdemeanor to bet on elections in this State .......................... 288 303 419

"'736

INDEX

.MISCELLANEOUS BILLS-Continued.

A bill to pt'ovide for the substitution of trustees for bonds in certain cases .................. 321 367 ll22
A bill to make it a misdemeanor for any person to buy or sell a vote at primary elections .......337 440 461
A bill to provide and authorize the recording of certified copies from the record relative to deeds .......................................... 238 559
A bill to regulate the speed of automobiles and other machines of like character in this State .. 368 567
A bill to authorize the Board of Medical Examiners of Georgia to grant license to licensees of medical boards of other States without examination .............................. 389, 420,461, 717
A bill to require commission merchants of this State dealing in certain articles to give name of purchaser to the owner . . . . . . . . . . . . . .463 499 596 605
A bill to prohibit the issuing of passes and franks 527

MUNICIPAL LAWS-

A bill to amend the charter of the city of Columbus.. . . . . . . . . . . . ......................... 6 45 57
A bill to amend the charter of the city of Thomasville ........................................... 44 57 67
A bill to create a new charter for the town of Willacoochee so as to issue bonds ........... 51) 64 75 671
A bill to incorporate the city of Broxton .... 50 65 75 246 A bill to ehange the county site of Worth county
from Isabella to Sylvester................. 54 65 76 526 A bill to amend the act incorporating the town of
Waynesboro and which makes the same a city..66 84 162 A bill to authorize the mayor and council of
Waynesboro to order an election to determine whether said city shall have electric lights... 66 84 163 A till to amend the act amending the charter of the town of Baxley .......................... 169 176 180 A bill to amend the new charter for Columb'us ... 233 262
556 67t A bill to abolish the municipality of Everett in
Glynn conn ty ................................ 294 332 399 A bill to authorize the mayor and council of Mc-
Donough to issue bonds to equip school buildings ............ ;.............................320 391 422

INDEX.

737

:MUNICIPAL LAW8-Continued.

A bill to incorporate the city of Hartwell ...... 356 397 430 A bill to amend an act incorporating the town of
Maysville ...................................374 391 42-! A bill to amend the charter of Camilla....... .482 518 525 A bill to ameond the present charter of Arling-
ton .........................................533 559 600
ORGANIZATION3
PENSION LAWS-
PENITENTIARY-
PRISON COMMISSION-
A bill to amend the act creating the prison commission of Georgia.. . .. . . ................... 85 166 206
A bill to amend the act creating. the prison commission of this State ........................279 391 429
A bill to increase the salary of the clerk of prison commission of this State.,..................... 484

RAILROADS-

A bill to extend the W. & A. R. R. to Savannah. .

40

A bill to require railway companies and other

common carriers to equip fiat cars for carrying

lumber......................................... 598

RAILROAD COMMISSION-
A bill to enlarge the powers of the railroad commission of Georgia ...................... : ...... 185 276
SCHOOLS-
-A bill -to amend and codify the common school laws of Georgia. .. .. .. .. . .. . .. .. . ......... 176 389 407
A bill to amend the act to establish the State Normal Schoolas a branch of the University .294 383 400
A bill to incorporate the McDonough school district ..................................... 320 350 393
47 sj


738

INDEX.

SCHOOLS-Continued.
A bill to increase the number of local board of trustees for the Tech school ................. 367 379 462
A bill to provide for the maintenance of schools of agriculture in the congressional districts of this State....... . . . . . . . .. . . . . .. . . . . . . . . . . . . . . .. 533

STATE GEOLOGIST-
A bill to move the office of State Geologist from Capitol to the State University ............. 389 424 442
TAXES-
A bill to provide for a State board of tax-assessors and coqnty board of tax-assessors.............. 169
A bill to provide a remedy for the recovery of county taxes ............................... 233 275 459
A bill to provide in what county manufacturing and other companies shall return their property for taxes ...................................... 294 383
A bill to recover taxes which have been collected by courts not authorized to collect same.... . . . 337

SENATE RESOLUTIONS-

.A resolution directing the Secretary to notify the

House that the Senate has reconvened and ready

for business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

<l

A resolution to notify the Governor that the Sen-

ate has reconvened and ready for business . . . . .

5

A resolution'convening the 8enate at ll o'clock..

6

A resolution extending the sympathy of the Sen-

ate to Hon. F. G. duBignon on account of ill-

ness and hope for his speedy recovery. . . . . . . . . .

67

A resolution to print 500 copies of the special com-

mittee report which investigated the different

departments of the State government..........

73

A resolution authorizing the messenger of the

Senate to appoint the usual doorkeeper, who

shall act as assistant messenger ................ 82

A resolution to appoint a joint committee to

amend and consolidate the general laws govern-

ing corporations and to prepare and present to

the General Assembly a bill containing such

amendments as they think advisable...........

85

-

INDEX.

739

SENATE RESOLUTIONS-Continued.

A resolution for the relief of L. W. Griffin .. : ..189 200 211 A resolution extending the sympathy of the Sen-
ate to Senator L. H. Roberts during his illness. 189 A resolution to appoint a board to investigate
tuberculosis in the State .....................189 198 210 A resolution requesting the Governor to pardon
Mamie DeCris. . . . . . . . . . . . . . . . . . . . . . . . . ........ 190 225 A resolution to change Senate Rule No. 106.... 217 A resolution appointing a joint committee to in-
vestigate the manufacture, sale, and use of artificial fillers in fertilizers. . . . . . . . . . . . . . . . . . . . . . . 245 860 A resolution to pay pension of J. C. Bridges to his widow....................................... 298 820 351 A reso~ution appointing a committee to examine into the matter of selling the W. & A. R. R .... 838 894 A resolution to pay pension of A.M. Eason to his widow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....838 860 374 A resolution accepting an invitation to attend a barbecue at Gainesville. . . . . . . . . . . . . . . . . . . . . . . . 372 A resolution requesting the House to return Senate Bill No. 251, passed by the Senate . . . . . . . . . 883 A resolution for the Senate to stand adjourned until Monday morning through respect to the late Senator Roberts........................... 397
A resolution relative to the printing the report of
the committee to investigate the State departments...... . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 427 A resolution to provide for a commission to fix . boundaries and county-sites for new counties......................................... .427 454 490 A resolution instructing the treasurer of the State to burn the canceled bonds of the State. . . . . . . . 487 A resolution for the relief of H. 0. Thornton of Terrell county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 518 A resolution requesting the Governor to return House Bill No. 1034 to the Senate.............. 485 A resoluti.on to pay per diem and mileage of the late Senator L. H. Roberts...................... 565 A resolution to appoint a committee to draw suitable resolutions on the death. of the late Senator Roberts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566 A resolution requesting the House to return to the Senate House Bill 1088...... , . . . . . . . . . . . . . . . . . 634

740

INDEX.

SENATE RESOLUTIONS-Continued.

A resolution appointing a committee to look. into the General Assembly going to St. Louis on Georgia Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638
A resolution that it is the sense of the Senate that when committeemen visit public institutions of the State with a railroad pass they are not entitled to mileage...................... . . . . . . 650
A resolution adjourning the General Assembly at 4 p. m. sine die . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
A resolution limiting the debate to five minutes the remainder of the session. . . . . . . . . . . . . . . . . . . 68-l
A re;;olution requesting the House to return Senate resolution adjourni~g the General Assembly at 4 p.m....................................... 692
A resolution to amend Senate Rule No. 106 relative to the messenger . . . . . . . . . . . . . . . . . . . . . . . . 702
A resolution requesting the Governor to require the State printer to dt>liver to the State Librarian the acts of the General Assembly of 1904 within sixty days . .. .. .. .. .. .. .. . . . .. . . . . . . . 711
A resolution requesting the next secretary of the Senate to employ Amos Rucker as porter.. . . . . . 715
A resolution refusing to appoint another conference committee on House Bill No. 826.......... 715
A resolution of thanks for the water furnished during the session.............................. 715
A resolution of thanks for the use of the telephone and the cloak-room............... . . . . . . . . . . . . . 717
A resolution of thanks to Hon. J. W. Green and his assistants for courtesies J!hown the Senate. . 724
A resolution of thanks to Hon. Flynt Hargett for kindnesses shown the Senate. . . . . . . . . . . . . . . . . 724
A resolution to notify the House that the Senate is ready to adjourn.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 724

HOUSE BILLS.
APPROPRIATIONs-
A bill to appropriate $1,000 to provide additional files for the Supreme Court ............ .'..... 69 77 85

INDEX.

741

APPROPRIATIONS-Continued.

A bill to appropriate $1,000 additional for the year

1904 for payments of rewards for fugitives from

justice ................................. 330 343 494 fi20

A bill to make appropriations for the ordinary

expenses of the State government for 1905 ..... 488 560

575 638 ooo

..

A bill to appropriate certain sums to the deaf

school at Cave Spring . . . . . . . . . . . . . . . . . . . .. 561 580 659

A bill to appropriate a certain sum to the State

Normal School. . . . . . . . . . . . . . . . . . . . . . . . . . 561 580 634 656

A bill to make an appropriation to trustees of the

State University ..... , ......................... 604 678

BANKS-A bill to amend section 982 so as to make Blakely a State depository .......................... 240 260 307 A bill to add the town of Reidsville to the list of State depositories ........................... 240 260 310 A bill to add the town of Dallas to the list of State depositories ........................... 242 260 308 A bill to add Sparta to the list of State depositories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 398 492

BONDS OF STATE-
A bill to pay off and retire bonds of State as they mature . . . . ................................ 330 336 492

CODE AMENDMENTS-
A bill to amend section 671 of volume 3 of the Code 74 513 A bill to amend section 821 of the Code or 1895.161 628 668' A bill to amend section 151 of the Code . . . . . . . . . . 162 A bill to amend section 150 of the Code ....... 172 193 197 A bill to amend subsection 11 of section 4082 of
volume 2 of the Code . . . . . . . . . . . . . . . 175 246 262 A bill to amend an Act amending section 657 of
the Code.. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 560 613 A bill to amend section 650 of the Code. . . . . . 560 613 702 A bill to amend section 892 of the Code. . . . . . 582 613 702

CONSTITUTIONAL AMENDMENTS-
A bill to amend paragraph 2, section 1, article 11 of the Constitution ....................... 161 172 202
A bill to amtlnd paragraph 1, section 3, article 3 of the Constitution........................... 804 321 344
..\ bill to amend article 5, paragraph 8, section 1 of the Constitution....................... 340 378 460 484

742

INDEX.

COUNTY COMMISSIONERS-

A bill to repeal an act establishing a board of

county commissioners of Dougherty county .. 51 69 74

A bill to repeal an act creating a board of county

commissioners for Butts county ........... 190 206 244

A bill to repeal an act creating a board of county

commissioners for Washington countv .... 191 214 243

A bill to amend the act authorizing the board of

county commissioners of Butts county to in-

vestigate the claim of A. J. Moore, former tax

collector.................................. 192 206 245

A bill to amend the act creating a board of county

commissioners for Newton county ........ 205 246 261

A bill to create a board of county commissioners



for Dodge county .......................... 210 246 262

A bill to create a board of county commissioners

for Washington county ..................... 227 278 313

A bill to amend the act establishing a board of

county commissioners for Talbot county ... 242 277 309

A bill to provide that each county commissioner

and ex-officio judge of Chatham county shall

have compensation for services . . . . . . . . . . . . 257 278 312

A bill to repeal an act providing a board of county

commissioners for Pickens county ........... 258 277 310

A bill to amend an act ereating a board of county

commissioners for the counties of Floyd, Ber-

rien, Effingham, Schley, Sumter and Greene.273 305 325

A bill to abolish the board of county commission-

ers for Oglethorpe county ................... 274 398 477

A bill to create the office of commissioner of roads

and revenues for Oglethorpe county......... 2i4 398 477

A bill to amend the act authorizing the county

commissioners of Bibb county to appropriate

certain funds to the library at Macon ........ 339 425 552

A bill to repeal the act creating the board of county

commissioners in DeKalb county ........... 342 358 476

A bill to authorize the county commissioners of

Coweta county to pay to the o~cers compensa-

tion for misdemeanor cases ................. 342 358 450

A bill to reduce the number of county commis-

sioners for Fayette county .................. 444 472 553

A bill to authorize the board of county commis-

sioners for Dougherty county to work convicts on

the streets of Albany ....................... .448 49\J. 529

INDEX.

743

COUNTY COMMSSIONERS-Continued.
A bill to amend the acts relating to commissioners of roads and revenues for Wilcox county.... 467 498
A bill to provide compensation for commissioners of roads and revenues in certain cases .. .468 498 554 663
A bill to create a board of commissioners of roads and revenues for 'Vorth county ............ 46!"1 516 555
A bill to establish a board of county commissioners for Dooly county ................. ...... 469 498 538
A bill to revise the act establishing the board of county commissioners for Decatur county ... 584 616 646
COUNTY OFFICERS-
A bill to combine the offices of ordinary and county judge of Wilkinson county.............. .468 499 547
A bill to authorize county officers to erect bridges across streams ............................. 530 596 617
A bill to fix the pay of county treasurers in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584 616 643
A bill to provide for the payment of insolvent costs to the officers of McDuffie county ...... 610. 634 714
A bill to fix the fees of notary public and other officers in this State ......................... 611 635 667
COURTS-CITY-
A bill to repeal an act establishing the city court of Dublin . . . . . . . . . . . . . . . . . ................... 167 228
A bill to create the city court of Dublin in and for the county of Laurens....................... 167 228 328
A bill to amend an act establishing a city court of Cartersville............................... 204 214 244
A bill to amend the act establishing the city court of VVashington. ......... . . . . . . . . . . . . . . . 239 304 324
A bill to amend the act establishing the city court of Albany. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 277 313
A bill to amend the act establishing the city court Washington, Wilkes county ....... ."......... 2n 305 326
A bill to increase the salary of the judge of the city court of Macon ......................... 241 277 311
A bill to establish the city court of Ashburn ... 258 278 307 A bill to repeal an act establishing the city court
of Hall county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 305 328 A bill to establish the city court of Mt. Vernon... 304

744

INDEX.

COURTS-CITY-Continued.

A bill to establish the city court of Jackson .855 378 401 51S A l:Jill to amend the act establishing the city court
of Waycross................................. 444 472 545A bill to amend act incorporating the city court
of Statesboro........................ : .......... 445 471 A bill to amend an act creating the city court of
Vienna so as to elect the judge and solicitor by the people...................................... 449 472 A bill to fix the salary of the judge of the city court of Savannah .......................... 449 473 493" A bill to amend an act establishing the city court of Macon ................................... 450 477 551 A bill to amend the act creating the city court of Statesboro . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450 471 545 A bill to amend the act establishing the city court of Buford ................................... 466 515 544 A bill to establish the city court of Jonesboro.488 515 540 A bill to establish the city court of Quitman ...... 515 565A bill to amend the act creating the city court of Cordele ..................................... 446 472 551 A bill to create the city court of Gwinnett county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582 613 635 A bill to amend the act establishing the city court of Tifton ............................. 583 616 643 A bill to establish the city court of Sylvester 584 615
633653" A bill to amend section 85 of an act establishing
the city court of Elberton ................... 610 635 684

COURTS-COUNTY-

A bill to permit the judge of the county court of Jnsper county to draw eighteen jurors and provide for the number of strikes ............... 446 472 54S
A bill to repeal the act establishing the .county court of Brooks county .................... .468 498 565
A bill to abolish the county court of Worth county . . . .. . . . . . .. . . . . . . . . . . . . ......... 583 615 633 652

COURTS-SUPERIOR-

A bill to change and fix the time for holding

superior court in Albany circuit........... . . . .

6S

A bill to change the time of holding the superior

courts of Berrien, Colquitt and Echols counties 240 278-

307

INDEX.

745

COURT8-SUPERIOR-Continued.
A bill to fix the time for holding the superior courts in Dodge and Montgomery counties .. 24~ 278 SO~
A bill to change the time of holfling Hancock superior court............................... 341 358 401
A bill to regulate the salaries of the judges of the superior courts in certain cases .............. .425 437 493-

DISPENSARIEs-

A bill to amend section 2 of an act establishing a dispensary iii Colquitt county... . .......... 445 460 54~
A bill to amend the act establishing a dispensary in the town of Hogansville .................. 447 530 619-

ELECTION LAW8-
A bill to revise the election laws of this State ..210 306 438661
HUNTING AND FISHING-
A bill to amend the game laws of this State ...604 646 676-
LIQUOR LAWS-
A bill to make it unlawful to manufacture spirituous liquors in Wilkes county................ 190 305 324
A bill to make it unlawful to manufacture spirituous liquors in Pike county ...................190 304 324
A bill to prohibit the sale of spirituous liquors in Gwinnett county ..._, ........................... 191 378
MISCELLANEOUS BILLS-
A bill to provide for the assessment of property of corporations which are required by law to make returns to the Comptroller-General. ... 56 178 501
A bill to cede jurisdiction over certain lands on Tybee Island to the United States........... 175 183 204
A bill to provide for the payment of fees for the officers of court in conviction of persons to work on public roads in Sumter county ........... 191 235 242

746

INDEX.

MISCELLANEOUS BILLS-Continued.

.

A bill to provide for license for carrying concealed

weapons in this State.......................... 223

A bill to amend section 5 of an act establishing a

reformatory institute for Richmond county ..259 278 312

A bill to regulate the running of automobiles in

Monroe county . . . . . . . . . . . ............... 342 359 475

A bill for the relief of J. W. Wilcox ........... 359 378 621

A bill to fix the salary of the Governor of Geor-

gia....................................... .426 473 511

A bill to authorize 0. H. Sheffield to construct a

dam across the Savannah river ............ .445 512 546

A bill to cede to the United States jurisdiction

over certain lands in Valdosta.......... .449 512 537 681)

A bill to amend the act amending the road laws

of Bibb county .............................. 449 515 551

A bill to provide for the situs of debts due non-

residents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529

A bill relative to working the public roads of Rich-

mond county....................... : ........ 581 614 642

A bill relative to the department of agriculture .. 581 615

A bill to amend the act providing for the removal

of ob;;tructions from the streams of Carroll

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582 615 645

A bill to recognize, aid and protect the Georgia

Industrial Home ............................ tilO 641 700

A bill to amend the Act establishing a department

of entomology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630

A bill to require foreign corporations to become

incorporated under the laws of this State. . . . . . 718

MUNICIPAL LAWS-
A bill to change the county-site of Worth county from Isatella to Sylvester .................... 69 74 83
A bill to confirm the sale of a portion of Wright street in the city of Savannah .............. 190 205 244
A bill to amend the charter of the city of Newnan ..................................... 191 205 234
A bill to amend the charter of Brunswick ..... 191 205 214 A bill to incorporate the town of Danburg .... 192 205 245 A bill to amend the charter of the city of Newnan,
so as to authorize the city to issue bonds for electric lights .............................. 192 205 234

INDEX

747

.MUNICIPAL LAWS-Continued.

A bill to incorporate the town of Westminster .. 205 216 232 A bill to provide a new charter for Greensboro.210 228 232 A bill to repeal an act incorporating the town of
Ashburn, in Worth county . . . . . . . . . . . . . . . . . . 216 246 261 A bill to create a charter for the city of Ash-
of burn ........................................ 227 246 262
A bill to amend Lhe charter Bartow, Ga., relative to hiring its convicts ................... 241 516 540
A bill to amend the act incorporating the town of Adrian ...................................... 241 276 311
A bill to amend the charter of Thomasville, so as to authorize the city to put in electric lights.241 302 474
A bill to amend the charter of Eastman ....... 241 277 30t< A bill to establish a new charter for Shadydale, in
Jasper county .............................. 242 277 306 A bill to amend the charter of Edgewood ..... 256 277 313 A. bill to amend the present charter of Buford.257 276 314 A bill.to empower the mayor and council of Car-
rollton to increase the tax . . . . . .......... 257 277 30~ A bill to authorize the mayor and council of Wash-
ington to enlarge its water power ........... 257 276 312 A. bill to provide a new' charter for the city of
Tennille .................................... 259 276 311 A bill to create a new charter for Marietta.272 470 496 661 A bill to amend the charter of Poulan ......... 272 304 325 _A bill to amend the charter of Canton ......... 272 344 451 A bill to incorporate the town of Mathews, in
Jefferson county . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 304 327 A bill to repeal an act incorporating Social
Circle ...................................... 273 304 326 A bill incorporating Social Circle .............. l!73 306 327 A bill to incorporate the town of Scott ........ 274 300 32S A bill to amend the acts incorporating Rock-
mart .............. ........................ 303 399 539 _A bill to amend the charter of the city of Au-
gusta .....................................340 398 430 A. bill to incorporate the town of Chula . . . . . . . . . . 340 541 _A bill to provide a board of registrars for munici-
pal elections in Augusta .................... 340 398 431 _A bill to authorize the mayor and council of Au-
gusta to issue bonds for school purposes........ 340 -~bill to change the name of Harmony Grove.341 398 494

748

INDEX,

MUNICIPAL LAWS-Continued.

A bill to amend the act incorporating Bethle-

hem.. . . .. . .. . .. . .. .................. 3!1 397 55Z

A bill to amend the charter of Perry .......... 341 430 542

A bill to amend the charter of Monroe ........ 342 397 54Z

A bill to amend the act incorporating Bostwick.34:3 398 543

A bill to amend the charter of Atlanta, so as to

extead its limits . . . . . . . . . . . . . . . . . . . . . . . . . . . 3!3 359 377

A bill to amend the charter of the city of At-

lanta .................................... 343 359 377

A bill to establish a new charter for Roswell. . . . . 355

A bill to amend the charter of Lake Park ..... 258 378 541

A bill to authorize the mayor and council of Val-

dosta to issue bonds to equip school buildings .. 425 553

A bill to amend the charter of PalmP.tto ..... .444 472 53Z

A bill-to amend an act incorporating Cordele .. 444 473 55Z

A bill to incorporate Irwinton ................ 444 471 542

A billto amend the charter of Rome .......... 445 472 49Z

A bill to amend the act incorporating Colquitt ... .445 515-

A bill to incorporate Union Point ........... .445 474 542

A bill to incorporate Toombsboro ............. 446 471 541

A bill to repeal an act incorporating Sylvester .446 47!. 549-

A bill to authorize the mayor and council of Mc-

Donough to issue bonds for school purposes .. 447 470 5l3&

A bill to incorporate the town of Tiger, in Rabun

county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 471 54~

A bill to amend an llCt incorporating Metcalf .. 448 473 548

A bill to amend the charter of Austell. ....... 448 473 548

A bill to authorize the mayor and council of Canon '

to issue bonds...........

. ......... 448 471 517

A bill to incorporate the town of Rebecca .... .448 471 543

A bill to create a new charter for Palmetto ... .449 472 532

A bill to amend the act incorporating Statesboro. 449 474

550

A bill to create a new charter for Mineral Bluff.449 621 649-

A bill to amend the charter of Jonesboro...... 450 472 49&

5::19 574 620

A bill to amend an act to incorporate the trustees

of the Oconee Hill Cemetery ............... .466 516 547

A bill to create a bc.ard of health for Summer-

ville ....................................... .467 516 540

A bill to amend the act authorizing the system of

sewerage for Waycross ......................... 467 614

INDEX.

749

MUNICIPAL LAWS-Oontinued.

A bill to amend the act incorporating Colquitt ... 467 473

.

546 550

A bill to amend the act incorporating Quitman.468 516 546

A bill to incorporate the town of Winterville. 468 515 553

A bill to incorporate the town of McCaysville .... 469 616

636 667 A bill to create a water and light commission
for Carrollton ................................ 473 550

. A bill to amend the act incorporating Reidsville.. 488 516

545 A bill to amend the several acts incorporating

Riddleville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488 517 554

A bill to authorize cities to appropriate money for library purposeM ........................... .488 517 553

A bill to incorporate Sylvester .............. 514 536 565

A bill to incorporate Maples .................. 514 556 564

A bill to amend the act incorporating Statham.582 615 642

A bill to create a new charter for Lawrenceville.582 614 644

A bill to amend the charter of Abbeville ......582 616 644

A bill to amend the act to amend the charter of Warsaw ................................... 583 614 6!6

A bill to amend the act incorporating Jasper ..583 615 644

A bill to amend the act incorporating Locust Grove .................................. 583 616 642

A bill to repeal local laws for Camilla ......... 584 615 645

A bill to amend the charter of Powder Springs.584 614 645 A bill to amend the act incorporating High .

Sl_loals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609 630 A bill to repeal an act incorporating Rising

Fawn ...................................... 609 635 677

A bill to amend the charter of Rome so as to extend the limits............ . . . . . . . . . . . . . . . . . . . 609

A bill to incorporate the town of Stillmore .... 610 628 689 A bill to create a new charter for Cochran .... 610 628 671 A bill to repeal an act incorporating Cochran .. 6l0 628 688 A bill to amend the charter of the city of Macon. 611 628

683

PENSION LAW8-

A resolution to authorize and direct the Pension Commissioner to pay to the ordinaries of this State pensions due pensioners who die before said pension reaches them ......... .43 162 177 193 588

750

INDEX.

PENSION LAWS-Continued.

A bill to authorize the payment of pensions of deceased soldiers or widow~ of soldiers in certain cases ........ :..........................604 638 680'
A bill to pay pension of Mrs. Thomas F. Person.611 640 708

RAILROADS-

A bill to prohibit any person .or corporation from operating railroads in this State without first becoming incorporated . . . . . . . . . . . . . . . . . . . . . . . . . 227 653-

SCHOOLS-

A bill to create a system of public schools in Mitchell, Ga . . . . . . . . . . . . . . . . . . . . . . . . . . ... 210 235 310.
A bill to amend the act establishing a system of public schools for Ashburn. . . . . . . . . . . . . . . . 227 235 308-
A bill to authorize the town of Kirkwood to provide a system of public schools...... ....... 240 306 325-
A bill to amend the act establishing a system of public schools for Wadley ................. 240 305 327
A bill to incorporate the Whitesburg school district in Carroll county.......................... 243-
A bill to incorporate the Ben Hill school district. 243 A bill to incorporate the Danburg school district.. 256 344
475A bill to authorize the mayor and council of
Washington to improve the pnblic schools .. 257 305 326 A bill amending the Waresboro school district 273 343 543A bill to incorporate the Shellman school district. 342 368-
425 A bill to amend an act incorporating the Pineview
school district .............................. 447 473 544 A bill to amend an act to establish the State Nor-
mal school as a branch of the University... 467 515 555A bill to authorize West Point to establish a pub-
lie school system........................... 469 517 544 A bill to incorporate the Swainsboro school dis-
trict........................................ 488 517 53~ A bill to authorize the trustees of the Academy
for the Blind to sell the present site, etc .... 56~ 580 609 A bill to amend the act incorporating the public
schools of Blue Ridge ..................... 583 633 68~

INDEX.

751

SOHOOLS-Continued.

A bill to incorporate the McDonough school district.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 635
A bill to incorporate the Hoschton public schools. 60! 6H3 683
TAXES-
A bill to levy and collect tax for the support of the State government' for the year 1905...... 330 344 393 402 556
A bill to provide for the collection of revenue from speC\ial occupation tax .................... 331 560
A bill to make all officers collecting taxes, other than tax-collectors, to make weekly reports .... 611 646

HOUSE RESOLUTIONs-

A resolution providing for the appointment of a

joint committee to investigate the number of

juvenile convicts and to submit proposed legis-

lation in regard to reformatories. . . . . . . . . . . . . . .

46

A resolution appointing a joint committee to

which all bills on ballot reform shall be referred

46

A rel!olution to reimburse the county of Dade

for the incar<!eration and execution of .Oharlie

Phillips .................................... 57 323 347

A resolution that the General Assembly hold no

session on Independence Day............. . . . . .

57

A resolution that when the General Assembly ad-

journs on Saturday, July 2, it stands adjourned

until Monday . . . . '.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

A resolutiOn to authorize the commissioner of pen-

sions to reinstate J. J. W. Glenn, of Rockdale

county,uponthepensionrollfor1903 .. 73 162176199 251

A resolution to appoint a committee to investi-

gate the feasibility of leasing part of the State's

property along theW. & A. R. R ........... 161 247 260

A resolution for the relief of I. J. Slaughter of

Butts county ................................ 162 174 181

A resolution to pay pension of I. N. Taylor to his

widow...................................... 175, 454, 495

A resolution to pay pension of J. J. Miles ..... 175, 532, 593

A resolution to make an appropriation to the trus-

tees of the Soldiers' Home .................. 227 323 346

752

INDEX.

HOUSE RESOLUTIONS-Continued
.A resolution providing a joint committee to which shall be referred all bills bearing on fish and game laws in this State......................... 258
A resolution providing for a commission to inquire into and r~port on the advisability of consolidating the banking laws of this State ............. 258 314
.A resolution to authorize the Governor to borrow money to supply casual deficiencies ......... 331 337 477
A resolution consenting that the Atlanta Interurban Railway cross theW. & A. R. R....... 343 359 391
A resolution for the relief of P. P. Evans of Meriwether county as security on the bond of Albert Clayton ..................................... 355 378 478
A resolution continuing in force the commission on registration in land titles.................... 355
A resolution directing the Secretary of the Senate to furnish the Senate the number of Senate bills in the House and the date of their transmission. . 368
A resolution to appoint a committee to consider visiting the St. Louis Fair...................... 440
A resolution for the relief of Lester Parks and others ...................................... 450 59J 617
.A resolution inviting Gen. Fitzhugh Lee and Hon. Jno. Goode to address the General Assembly... 474
A .resolution to pay pension of Mary E. Mize to her son . .. . .. .. . . . . . . . . . . . ................ .489 532 590
A resolution to pay pension of Sarah Blackmav489 532 591 A resolution to pay pension of A. J. Hobbs .... 489 532 593 A resolution to rp.ake an appropriation of $4,000
to Industrial College at Savannah........... 489 516 537 A resolution authorizing the correction of certain
errors in Act 494 ........................530 560 585 594 A resolution to pay pension of Irvin Humphreys
531 563 618 .A resolution to pay H. 0. Thornton amount over-
paid in 1902...................... , .. . . . . ...531 564 595 .A resolution to pay pension of Nancy S. Lynch to
her daughter............................... 531 564 592 A resolution to pay Mrs. Martha Martin, daughter
of William Roberson . . . . . . . . . . . . . . . . . . . . . . . . 531 564 595 A resolution to pay pension of Jno. S. Flynt to his
daughter Lucy Flynt ....................... 531 564 594 A resolution to pay pension of B. G. Smith .... 531 564 568 .A resolution to pay the per diem and mileage of
the late W. A. P. Lowe .................... 560 581 657

INDEX.

753

HOUSE RESOLUTIONS-Continued.

A resolution. to pay pension of Mrs. E. C. Shear- ouse ........................................ 561 649 704
A resolution to pay per diem and mileage of W. R. Welch . . . . . ................................ 561 581 658
A resolution to pay per diem and mileage of R. B. Johnson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 580 657
A resolution to pay pension of Mrs. S. F. Fuller.. 563 617 A resolution providing for certain statements of
tables showing progress of State institutions .. 585 587 A resolution to authorize the TreasurElr of Jack-
son county t.o pay certain sunis of money on warrant of board of county commissioners ..585 616 643 A resolution to pay pension of Carrie Wilson to Mrs. J. T. Sistrunk .......................... 604 640 668 A resolution to appropriate conditionally for chemical laboratory at the Technological School 605 634
696 A resolution to appropriate $29,000 for Science
Hall at the State University ............... 605 63! 676 A resolution to appoint a committee to represent
the State at the Jamestown Exposition........ 605 A resolution appointing a committee to wait ppon
Gen. l!'itzhugh LeA and Hon. Jno. Goode...... 606 A resolution to pay pension of Wm. Roberson to
Mrs. Martha Martin ....................... 611 639 705 A resolution to pay pension of Hannah Harris to
her son . . . . . . . ..... .. .. . .. .. . .. . . . . . .. . . . 611 640 6!MI A resolution to pay pension of Mrs. Adeline Hines
to her son . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 612 640 702 A resolution to pay pension of Wm. Futch to his
widow. . .. . .. . . . . .. . .. .. . . . . . .. ......... 612 640 703 A resolution to provide for certain payment for
Capt. James R. Atwater .................... 612 635 687 A resolution to pay pension of Mrs. Mary Guy to
the ordinary of Schley county ............. 612 639 673 A resolution to pay pension due A. L. Erwin to
Sallie Erwin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612 639 69t A resolution to pay pension of Matilda A. West
612 639 677 A resolution to appropriate $300 to purchase an
oil painting of Gen. Jno. B. Gordon ....... 613 635 66!! A resolution to pay pension due Sarah King for
1904.........................................613 638 698
48sj

754

INDEX.

HOUSE RESOLUTIONS-Continued.

A resolution to pay pension of Mrs. Harriet E.

Malone ................................. 613 640 681

A resolution authorizing the prison commission

to provide work for a certain class of con-

victs . . . . . . . .. .. . .. . . . .. .. .. .. .. . . . . .. . 62-l 647 6!!7

A resolution to pay pension of Thomas Dunman

to his sister. . .. . . . .. . . .. . . .. . . . .. . . . . . . . 62-l 639 682

A resolution to pay pension of J. F. McCain ...625 1)39 i06

A resolution to pay pension of George Michael. 625 640 707

A resolution for appropriation to purchase filing

cases for the office of commissioner of pen-

sions...................... .. . . . .. .. . . .

6:!5 63-l 695

A resolution to provide for the bringing up of un-

finished business for this session. . . . . . . . . . . . . 625

A resolution requesting Senate to return House

Bill No. 1135 . . . . . . . . . . .. . . . .. .. .. .

709

A resolution adjourning the General Assembly at

6p. m .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . .

711

A resolution adjourning the General Assembly at

10:30 p.m....... . . ... .. ... . .. . .. . .. ..

717

A resolution appointing a committee from the

House and Senate to visit the University at com-

mencE>men t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ilS