JOURNAL OF THE SENATE OF THE SrATE OF G,. EORGIA AT THE EXTRAORDINARY SESSION OF THE General Assembly AT ATLANTA Tuesday, August 25, 1908 CHAS. P. BYRD. STATE PRINTER ATLANTA 0 GA. JOURNAL. Tuesday, August 25th, 1908. The Senate met at 9 o'oloek a.m. and was aalled to order by the President, Hon. J. J. Flynt. Prayer was offered by the Chaplain. Upon the call of the roll the following Senators answered to their names: A kiD, Born, Boyd, Brantley, Broek, Bush, Cowart, Crittenden, Deen, Do~'bs, Farmer, Felder, Felts, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, Jol:mson, Knight, Lmihley, l!la.rt~n, Mattox, Peacock, Stapleton, Steed, Bikes, Taylor, . Turner, Walden, Walker, Whaley, Wilkes, Williford, Hr. President, Those absent were Messrs.- Camp, Overstreet, Stephen,, weaver, 4 JouRNAL oF THE SENATE. The President caused the following Proclamation to be read: PROCLAMATION BY THE GOVERNOR. IN 1'HE NAME AND BY AuTHORITY OF THE STATE OF GEORGIA. WHEREAS, The General Assembly by an Act approved August 17th, 1903, entitled" An Act to amend an Act approved December 21st, 1897, being an Act to create a Prison Commission for the State of Georgia, to hire the labor of certain felony convicts for a period of five years after the expiration of the present contract, to dispose of the money arising therefrom, and to authorize the Governor and the Prison Commission to impose fines upon certain county authorities for failure to comply with the law and regulations governing misdemeanor chaingangs, and for other purposes,'' provided for the disposition of the convicts of the State, and, WHEREAS, By the terms of said Act the disposition of the eonvicts made under said Act expires on March 31st, 1909, and, . WHEREAs, No legislative provision has been made for the disposition of said convicts beyond March 31st, 1909, and, WHEREAs; The next regular session of the Gen- TuESDAY, AuGUST 25, 1908. 5 eral Assembly will not convene until the fourth Wednesday in June, 1909, and, WHEREAS, The committee appointed at the last regular session of the General Assembly .has been engaged in the investigation of the convict system and will be ready to report in a few days, Now, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13 of the Constitution, I, Hoke Smith, Governor of Georgia, do hereby convene the General Assembly of the State in extraordinary session to meet in their respective halls at the capitol in Atlanta on Tuesday, August 25th, A. D. 1908 at nine o'clock a. m. on the date named for the following objects: To hear the report of said special committee and to take such action thereon as may be deemed advisable. To consider legislation broadly upon the disposition now and hereafter to be made of persons convicted of crime, both misdemeanors and felonies, including the establishment of a plan or plans for the management, confinement and labor of convicts and including the undertaking of such work or works in connection with which convicts may be used, together with the raising of revenue and the appropriation of money to carry out such plans, and to provide for the establishment of juvenile courts and reformatorles. 6 JouRNAL oF THE SENATE. To submit to the vote of the people Constitutional amendments and to pass legislation upon said subjects. Given under my hand and the great seal of the State at the city of Atlanta this, the twentieth day of August, in the year of Our Lord, nineteen hundred and eight. HoKE SMITH, Governor. By the Governor, PHILIP CooK, Secretary of State. STATE OF GEORGIA, EXECUTIVE DEPARTMENT, ATLANTA. I, Josiah Carter, Secretary of the Executive Department, do hereby certify that the above and foregoing typewritten matter is a true and correct transcript from the records of file in this office. Given under my hand and the seal of The Executive Department this, the twentyfourth day of August, 1908. JosiAH CARTER, Secretary Executive Dept. The President declared the Senate convened in TuESDAY, AuGUST 25, 1908. 7 extraordinary session under the foregoing proclamation. Mr. Weaver was granted leave of absence on account of sickness. The following resolution was read and adopted, to-wit: By Mr. Gordy, of 24th district- Resolved by the Senate, the House concurring, .that a committee of two (2) from the Senate and three (3) from the House be appointed to notify the Gov~rnor that the GeneTal Assembly has convened in extraordinary session and is ready for business. The following resolution was read and adopted, to-wit: By Mr. Steed, of 37th district- That the Secretary be instructed to inform the House of Representatives that the Senate has met in extraordinary session arid is ready for the transaction of business. The President appointed the following as the Committee on part of the Senate to notify His Excellency the Governor that the General Assembly . JOURNAL OF THE SENATE. had convened in extraordinary session and was ready for the transaction of business, to-wit :-Mr. Gordy, of 24th district, and Mr. Walden, of 18th district. The following message was received from the House through Mr. Boifeumet, the Clerk thereof. Mr. President : The House has concurred in the following resolu- "tion of the Senate, to-wit: A resolution to appoint committee to notify the 'Governor that the General Assembly has convened in extraordinary session. And has appointed as members of the Notification Committee on the part of the House the following: Messrs. Alexander, Young, Reid, of Putnam. The following message was received from the House through Mr. Boifeuil~et, the Clerk thereof: Mr. President: I am instructed to inform the Senate that the House has convened in extraordinary session and is ready for the transaction of business in accordance with the proclamation of the Governor. Mr. -Gordy, chairman of the committee on part of TuEsDAY, AuausT 25, 1908. 9 the Senate to communicate with the Governor submitted the following report, to-wit: Mr. President: Your Committee waited on the Governor and informed him that the General Assembly had convened in extraordinary session and was ready for the transaction of business. F. M. GoRDY, Chairman. ATLANTA, GA., August 25, 1908. The following message was received from His Excellency the Governor through his Secretary, Mr. Carter: Mr. President: I am directed by His Excellency the Governor to deliver to the Senate a communication in writing. The message was as follows: 10 .JouRNAL oF THE SENATE. MESSAGE. STATE OF GEORGIA, EXECUTIVE DEPARTMENT, ATLANTA, August 25, 1908. To the General Assembly of the State of Georgia:- You have been called to meet in extraordinary session for the purpose of considering the disposition to be made of those convicted of crime, together with questions which are incident to the solution of this problem. There were other matters of legislation undisposed of and pending before your bodies when they adjourned which were of great importance, but this one question involves so much to the State that I have deemed it best to include no other in the work of the present session. While no maudlin sentiment should interpose between the criminal and the punishment for crime, I believe that we will all agree that the leasing out of convicts in Georgia should cease. The problem of handling five thousand convicts is serious and full of difficulties. They should be pun- TuESDAY, AuGUST 25, 1908. 11 ished and yet they should not be treated brutally. An effort should be made to encourage reformations among them. I concede that there is little hope of reformation as to many of the convicts but there must be some who can be improved by proper effort during their confinement. While a mercenary motive should in no sense be the purpose of handling convicts, still if they can be made self-supporting and be so handled as to bring some benefits to the State without violating the obligations of the State, such a result is certainly to be desired. My own opinion is that the convicts of Georgia, five thousand in number, could be used in a way by which humane treatment might be assured, opportunity for reformation afforded and yet contribute greatly to the progress and prosperit~r of the people of the entire State. 'There are railroads to be built, public highways to be constructed, dirt roads to be graded and improved, swamp lands to be drained, and many other internal improvements upon which they could be used which. w:ould increase the opportunity for progress and prosperity all over Georgia. Foremost among the opportunities presented is the extension of the Western & Atlantic railroad to the ocean. The Western & Atlantic in its present form is a great property, but it will be in danger at the completion of the lease to the Nashville, Chattanooga & 12 JOURNAL OF THE SENATE. St. Loui.s Railroad Company unless the scheme of its originators is executed, and it is extended to deep water at one or more of our ports. " I have no doubt that a line built from the present terminus of the Western & Atlantic railroad to one or more ports in our State could be leased for a sum which would pay interest on the cost of construction, and also interest on several millions of dollars in ex-cess of the cost. The extension will protect our present property, yield a handsome net profit to the State, and largely .contribute to the permanent commercial independence of our people by the control of interstate freight rates. I present these views because the time must come when they will be executed and because no disposition of convicts should be made which will prevent their use in this great enterprise when the State is ready to undertake it. For the present I suggest a plan of handling the convicts which, while promising less, is simpler and easier, but out of which I hope eventually to see grow the larger uses which I have mentioned. First. Submit a Constitutional amendment to the people which will name the time beyond which the leasing of convicts in Georgia shall cease. This amendment should be advertised on Wednesday, September 2nd, so no time can be lost in its passage. TuESDAY, AuausT 25, 1908. 13 Second. Pass a bill to raise additional revenue for your penitentiary system. Third. Encourage each county to work its misdemeanor and felony convicts upon the public roads and upon other public improvements in the county. I have_ heard from the ordinaries of many of the counties of the State, and their letters indicate a general disposition by the counties to use the convicts along the line I have suggested. Fourth. Where the quota of convicts, misdemeanors and felonies, going to a particular county is too small in number to justify their economic use by the county to receive them, permit any two or more counties to join together consolidating their convicts and allow them to work part of the time in each county, the amount of work in each county to be apportioned according to the number of convicts each county has in the combined force. This plan of exchanging convicts should be enlarged as far as possible. Fifth. 'l'he State would retain charge of the balance of the convicts. The State should have two or more farms as a basis of operation. It might buy one or more iron or coal mines. Those convicts whose dangerous character might render it advisable that they be not worked upon the public roads should be retained by the State and worked on the farms or in the mines. Upon the farms the State should raise all that the convicts 14 . JOURNAL OF THE SENATE. needed to eat. The convicts upon them should make clothes, shoes, wagons and all classes of supplies needed by the State for the convicts and their use. I have carefully examined the experiment of working convicts upon farms which has been made in a number of Southern States. Indeed, it can scarcely longer be called an experiment. It has been full)T demonstrated that this class of work for negro convicts can be made profitable to the State, and yet furni~h an opportunity for performing the State's duty to the convict to the fullest extent. The State should organize r;oad working forces with suitable machinery and from time to time build roads in those counties where the counties received no convicts. 'J'he county authorities should name the roads to be built and also bear the expenses of the convicts while working roads in their respt'C'tive counties. .\ ny profits made from the use of !.h~ convicts upon farms or mines should be used towards paying expenses of working the convicts in the counties not receiving convicts. Any surplus of convicts which the counties did not take and which the State at any time is not working upon the roads in the counties could be worked upon the farms. Sixth. All the money derived from this time on from the hire of convicts should be used to prepare to handle those convicts which the State must retain. Seventh. Take some action providing at least for the investigation and.report to the next legislature TuESDAY, AuGUST 25, 1908. 15 upon the extension of the Western and Atlantic Railroad by the use of convicts. I wish especially to call your attention to the fact that there has never been a time in the history of the State when with such small inconvenience the convict lease system could be abandoned. You appropriated last year to the schools of the State $332,524.75 more than was appropriated to them in 1907. You appropriated last year for 1909 to the schools of the State $582,524.75 more than was appropriated to them in 1907. The schools received in 1907 something over $200,000 from convict hire. When your appropriations were made in 1907 to the schools for this year and next year it was generally understood that the convict hire was included in the appropriations. But a careful examination of the Act disclosed the fact that this was n~t true. You can, therefore, cease giving to the public schools anything from convict hire and yet leave them all that you intended to give them when the appropriation Act was passed in the summer of 1907. Good roads and common schools should go together. Both help to develop the people and enrich the State. We are making progress with our schools. We have neglected our public roads. I have presented the, foregoing plan of handling the convicts as perhaps the best which we can adopt .at the present time. I prese,nt it with no claim of 16 JouRNAL oF THE SENATE. originality but in the effort to help bring together and harmonize what seems to have been conflicting views of your different members and bodies. I do not claim that the plan is ideal. I believe it would be better for all the convicts to be worked by the State upon farms, in mines, upon public roads, and in the construction of public highways, and in the drainage and development of land now not capable of use. I hope the time will come when from whatever system you adopt there will develop the exclusive utilization of the convicts by the State and that they will be used to complete and perfect public highways and other internal improvements, using the farms as a basis of operation. At the head of your penitentiary system there must be ability, honesty and enthusiasm. Those in charge on salaries should be required to give their entire time to the work. Those acting as supervisors should give their entire time to it. Those handling farms should he called to no divided allegiance and should not be subjected to the development of selfish action by seeing their own property calling for their attention in the neighborhood of the State's property. There must be the earnest desire to help the people of Georgia by aiding the counties with information and inspiration, that they may handle their convicts humanely yet economically; that they may per- TuESDAY, AuGUST 25, 1908. 17 form the duty of the State to those convicted of crime and yet bring returns to the citizens hy improving in the most practical and economical manner the roads and public enterprises of the county. The study of good roads is attracting the attention of the country. A great amount of information as to how they should be built can be furnished, and intelligent suggestion should be made from the State's penitentiary officers to the officers of the localities charged with handling convicts. The whole system should receive supervision by the State, uninfluenced by politics or by selfishness, and inspired by real patriotism. I commend to your favorable consideration the parole system as part of our plan for handling convicts. With ample farm facilities connected with the general plan of handling the problem, the convict might well, during the last of his confinement, be permitted to work in citizens clothes for a while before going back among the public. To discharge from chains and stripes a dangerous convict, with no progressiYe step taken by which his reformation is sought, cannot be contemplated without almost a shudder of alarm when we see the danger of such a course. The reformatory for the young should be greatly improved. I believe care and thought directed toward it from those at the head of your system will be productive of valuable results. 18 JOURNAL OF THE SENATE. . I will not dwell upon the misdemeanor convicts as a separate class. It is scarcely necessary for me to Sf.!.Y. that the leasing of misdemeanor convicts to individuals with no State supervision should not be tolerated, and I incline to the opinion that individuals and corporations in Georgia handling misdemeanor convicts are in many instances subject to prosecution and! suits for false imprisonment. I know that we are all agreed upon the separation of the races and that you will make ample provision in whateYer legislation you pass covering this question and providing for the care upon the State Farm of female convicts whether convicted of misdemeanors or felonies. ' Any information which I have received from other States or from the county officers is at your disposal. HoKE SMITH, Governor. Mr. Felder, chairman of the Joint Committee on Investigation of the Prison Department, submitted the following report: Mr. President: The Joint Committee under Senate Resolution No. 37, to investigate c~rtain charges in reference t~ the administration of the Prison Department, beg le~ve to report as follows: The Committee met promptly after its appoint- TuESDAY, AuatJsT 25, 1908. 19 ment, and organized, and entered upon the discharge of its duties. Under the authority granted in a joint resolution subsequently passed, the Committee has continued its work since the adjournment of the General Assembly. We have been in session twenty-eight dayR, holding from one to three sessions daily. We have examined one hundred and thirtyeight (138) witnesses, to-wit: Twenty-one members of the Legislature, who visited the different convict ~amps in the State upon inspection tours by order of the General Assembly; the three members and the secretary of the Prison Commission; the ex-State warden, and the two State inspectors of convicts; thirty wardens, superintendents, and ex-wardens; twelYe guards, ex-guards, and employees of the Prison Commission; twenty-one lessees, ex-lessees, and their employees; five camp physicians; thirty citizens; and thirteen ex-convicts. The evidence given by all of these witnesses was stenographically reported, and transcripts thereof are filed with this report. Pursuant to the authority in a joint resolution, we also employed expert accountants to audit the books in the office of the Prison Commission, at the State farm and at the reformatory; and we file herewith the report of the accountants as a part of this report. Said Senate joint Resolution No. 37, raising this Committee and prescribing its duties is as follows: 20 JOURNAL OF THE SEN ATE. A RESOLU'riON. vVmmEAS, The Committee from the Senate and House of Representatives appointed at the last session of the General Assembly to visit the institutions and camps at which the convicts of the State are used and worked, has made a report in which gross misconduct is charged to certain employees of the State in the control and management of the convicts and also violations of the terms of the contracts under which certain lessees are working convicts; and, \VHEREAS, Said report finds and charges that the chief warden, whose duty it was to represent the interests of the State, was, while acting for the State and drawing the salary allowed him, trafficking in the convicts and making a profit out of the sub-leasing of the same; and, vVHEREAS, Said report further finds and charges that deputy wardens, whose duty it was to represent the State in the management and control of the convicts at the camps in which said wardens were located, were, while receiving pay from the State, also receiving money from the lessees; and, WHEREAS, The Governor in his annual message TuESDAY, AuausT 25, 1908. 21 has broug-ht this misconduct of the employees of the State to the attention of this General Assembly; and, vVHEREAS, The report of said Committee further finds and charges that certain lessees have violated the conttracts under which they are worlcing the State's convicts; and, \:VHEREAS, 'l'he law requires that the contracts under which convicts are leased shall be forfeited whenever the lessee violates the terms of the same or fails to carry out the rules and regulations of the Prison Commission, and upon such forfeiture the State is entitled to have and collect from the offending lessee damages fixed by law, which shall be recovered from the lessee and the sureties upon his bond; and, ~THEREAS, 1t is charg-ed by the press of the State that the law governing the control and working of convicts in the State of Georg-ia is being flagrantly abused and the good name of the State, as well as those charged with the management of the convicts, demands that the_ tn~~ 1l be known; and, vVHEREAS, The Governor in his Annual Message makes known to this General Assembly that the Georgia State Reformatory as it is now conducted is but a Prison Farm, when the Act creating this institution makes provision for the reforming of its youthful inmates, and does not contemplate the managing of them as criminals, and the Committee 22 .JOURNAL OF TH.E SENATE. above referred to reports that it has not had an opportunity to examine this institution. 'Therefore, be it resolved by the Senate, the House of Representatives concurring. that a committee of three from the Senate and five from the House be appointed to investigate the charges above referred to, and the working of the convicts under the present leaRe contracts, and ascertain if the lessees are carrying out the terms of their contracts, and to also investigate the Prison Farm and the Georgia State Reformatory, and ascertain if the law in regard to these institutions is being obeyed and carried out, and to especially investigate and report: 1. If any officer, chief warden, warden, guard or other employee of the State, whose duty it is or was to manage, control, or who is or was otherwise connected with the convicts of the State, is receiving or has received any emoluments, money, compensation, gift or gratuity from the working, trafficking in or controlling of convicts other than the lawful compensation allowed by the State, and this investigation and report shall cover any such officer, chief warden, warden, guard, or other employee whether now in the employment of the State or not. 2. If any member of the Prison Commission knew or had reason to believe that any chief warden, warden, guard or other employee or officer of the State was trafficking in the convicts of the State and deriving a profit from the leasing or sub-leasing of TuEsDAY, AuGUST 25,.1908. 23 the same or receiving any compensation from any lessee. ! 3. If any lessee is violating or has violated }' lis contract or any rule or regulation promulgated for the working of the convicts, and if such viola~ion would authorize the forfeiture of the contract, and the collection of the damages provided by law. : 4. If there is or has been any mismanagement_" or misconduct on the part of any employee, guard or other officer charged with the control and eonduct of the Prison Farm in Baldwin County. 5. If the Georgia State Reformatory is being conducted in accordance with the provisions of the Act creating the institution. 6. If there is any mismanagement of, or cruelty to, or other violations of the law or rules and regulations of the Prison Commission by any of the lessees, or officers or employees of the State in any of the camps where the convicts are worked by the lessees. 7. If there is any mismanagement, cruelty or violation of the law. in any road camp, or other camp, either misdemeanor or felony, and if any counties are illegally disposing of their misdemeanor convicts, and if misdemeanor convicts are being illegally employed or worked. 8. The Investigating Committee is hereby authorized to investigate any and all charges emanat- 24 .JouRNAL OF THE SENATE. ing from any source, and investigate any and all conditions whether in the Prison Commission or convict camps, and particularly to find whether or not any of the irregularities charged as existing were within the consent or knowledge of the Prison Commission. Resolved further, '!'hat for the purposes of this in- vestigation, the Committee shall have full power and authority to call before it all witnesses which it deems necessary, and a subpoena signed by the chairman shall be sufficient authority to force the attendance of any witness desired. The Committee shall also have power to require the production of any and all books, papers, documents, or other writings which, in the judgment of the Committee, are necessary for the purposes of the investigation. 'l'he Prison Commission is authorized and directed to have present when requested by the Committee any convict desired to be used as a witness, whether such convict be in the custody of the State, any lessee, or any eounty. The Committee is further authorized to do any and all things necessary for the carrying out of its duties and making the investigations required by this Resolution. Resolved further, That the Committee shall have the power and authority to employ and appoint a stenographer to take down and report its proceedings, and shall also have the power and authority to name and appoint some fit and proper person or persons to attend its proceedings and act in serving TuESDAY, AuGUST 25, 1908. 25 its subpoenas and warrants, and to otherwise assist the Committee in performing its duties. Pursuant to the specific directions therein given, and in the order named, we report as follows: I. '' 1. I f any officer, chief warden, warden, .guard Or other employee of the State, whose duty it is or was to manage, control, or who is or was otherwise connected with the convicts of the State, is receiving or has received any emoluments, money, compensation, gift or gratuity from the working, trafficking in or controlling of convicts, other than the lawful compensation a1lowed by the State, and this investigation and report shall cover any such officer, chief warden, warden, guard, or other employee whether now in the employment of the State or not.'' We find and report that Mr. J. C. Moore was appointed an employee of the Prison Commission in 1898, with the title of State Warden, and discharged the duties of such up to January 1, last. We find, from Mr. Moore's admissions under oath, that while acting as State Warden, and while being paid by the State as such, he negotiated a number of deals between convict labor lessees for the transfer of lease contracts, receiving compensation therefor 26 JOURNAL OF THE SENATE. from one or the other of the parties, and in some instances possibly from both. As stated by Mr. Moore, the fees or compensation receiYed by him for negotiating these deals, aggregated about $2700.00. vVhether these transactions, admitted by Mr. Moore, are all in which he had a pecuniary interest, the undersigned are unable to report. After diligent inquiry, the Committee has not had evidence of other deals of this character, but :finds that for years past there have been very general rumors and definite impressions in several directions that the State Warden was using and had used his official position for the purpose of private gain. .Mr. Moore contends, as to the admitted transactions, that there was nothing improper, immoral or illegal in his conduct, and further contends that the State did not lose anything thereby. vVe are utterly unable to conce1ve how a highminded State official could close his eyes to the impropriety and reprehensibility of such conduct. Such transfers meant frequently the .discontinuance of established camps, the establishment of new camps, the substitution of new lessees, the removal or transfer of deputy wardens, and like considerations of polic~' and interest to the State, and upon which the Commission had a right to expect the disinterested opinion and advice of its chief officer before it approved such transfers. It needs only a statement of these facts to prove that when he negotiated these transfers for a money consideration, TuESDAY, AuGUST 25, 1908. 27 the State Vlarden placed himself in a position where he was no longer qualified to disinterestedly advise his superiors. \Ve further find that such conduct on the part of its chief inspecting officer was brought to the official notice of the Prison Commission and the Governor last X ovemher, by the Chairmen of the Penitentiary Committees of the Senate and House. The Governor also communicated this i:oJormation to the Commission. Subsequently, Mr. Moore was permitted, by the Commission, to resign his office .January 1st, following. The Acts of 1897 and 1903, created no such office as ''State \Varden,'' but authorized the appointment by the Prison Commission of wardens, and fixed the maximum salary for each at $100.0j) per month. We find that for several years past Mr. Moore has received a salary of $100 per month as State Warden, and an additional salary of $40.00 per month as inspector of misdemeanor camps. vVe further find that this salary was paid by Executive warrants commencing under Governor Atkinson's administration. In our opinion this additional salary of $40.00 per month was improper, illegal, and without authority of law. 'l'he contention is that by the payment of this additional salary to :Mr. l\:[oore, the State was saved the expense of another officer as inspector of misdemeanor convicts. While in point of fact this may be true, we hold 28 .JOURNAL OF TilE SENATEl. that the Act of 1897 clearly intended what it said, that $100.00 per month was to be the maximum sum paid a warden; his duties to be assigned by the Commission. If the duties of State Warden were not heavy enough to demand his full time, he should have been paid less than the maximum, or he should have been assigned duties in connection with misdemeanor inspections to occupy his time, without additional compensation. It should further be remembered that the duty of inspecting misdemeanor camps, was, by the Act of 1897, placed on the members of the Prison Commission, and only in emergencies is it authorized to delegate this duty. Although occupying a very res-ponsible position, and as the evidence shows, largely relied upon by the Commission, Mr. Moore never took any oath of office, never gave bond for the faithful discharge of the duties of his office. While it is true there is in the Act of 1897 no requirement for the administering of oaths of office or requirement of bonds as to wardens, yet it is also true that the office of ''State vvarden'' was established by the Commission, and some such requirement might have been made by it. We suggest that future legislation in reference to the administration of the State Prison Department . should make provision for requiring oaths of office and official bonds from important officials of this department. TuESDAY, AuGUST 25, 1908. 29 vVe further find from the evidence, that for a con- siderable period, while in the employ of the State as the chief inspecting officer of the prison department, with duties almost exclusively relating to seeing that lessees complied with the law, and the rules and regulations of the Commission and the terms of their contracts on pain of penalties and forfeitures, Mr. Moore was engaged in private business as a partner with IN. B. Hamby, the largest lessee of convict labor under the prison department, and that this fact \Yas known to the Prison Commission. We further find from the evidence that for some time past, and when he resigned, Mr. Moore was largely in debt to Dr. Hamby, and interested as joint owner with him in several landed properties. The evidence shows clearly that the members of the Prison Commission depended very largely upon and followed Mr. Moore's advice, in many matters which directly affected Dr. Hamby's interests. Such intimate business relations between this chief inspector of the prison department and the chief lessee of convict labor under the prison department, in the opinion of the undersigned were highly improper and justly the subject of severe criticism. The statements of the Prison Commission admit their knowledge of the existence of the business partnership between the chief inspector and the chief lessee, and we _declare it to be our conviction, that the Commission, with its first knowledge of such relations, should have ordered the partnership and :30 JouRNAL oF THE SE~ATE. further similar dealings at once discontinued, or discharged the employee who had no higher sense of official propriety than to establish. and continue private business relations which were bound to bring the department and its officials under criticism and suspicion. \Ye further find and report that for different periods, in some instances extending over years, and coincident with the very existence of the sy:;;tem, practically all of the deputy wardens of the department, while in the employ of the State and paid as such, received salaries or compensation from the lessees, in one or more instances nearly twice as much as paid by the State. The evidence filed by the Committee shows the names of these wardens and the lessees paying, as also the names of the few wardens who have not received such compensation. These facts, we find, were brought to the official notice of the Commission, at the same time and in the same manner as were the facts in reference to the State \Varden, and the evidence is that in March last the Commission iss.ued an order forbidding the continuance of this practice. The evidence before the Committee shows that no further inquiries have been made by the Commission since the issuance of the order. It is in evidence before the Com111ittee that deputy wardens \V. S. Tyson and Ed. Cox, and lessees, the Cherokee Brick Company and II. Stevens & Sons Company have not obeyed this order and discontinued the practice. TuESDAY, AuausT 25, 1908. 31 'Ve recommend that the Commission discharge these two deputy wardens, and also advise that the penalties provided by law for such flagrant disregard of the Commission's orders be enforced against the lessees. Tile undersigned -were amazed at the indifference as to proper official conduct with which deputy wardens and lessees have looked upon this practice, and indeed it seems to have become a custom acquiesced in by all and sanctioned by the former State vVar- den, who had knowledge of it, and in at least one instance advised it. We find also, that in several instances, as will be noted in the evidence, physicians and guards received compensation or perquisites from lessees, in one instance the Secretary of the Commission, in informing a camp physician of a reduction in his salary, advising that he look to the lessee for the amount of the reduction, which he did. There is no excuse which can palliate such conduct in State officials. These deputy wan1en;g occupied positions of the highest responsibility and trust. Their duty was to the State and to the State alone. rrhey were entrusted with the care of the State's convicts, whose labor alone had been hired to the lessees. The law and the rules of the Commission required them to see that the reasonable labor sold to the lessees was delivered; they were required to see t.hat the convicts were worked hnmanely, under sanitary conditions and healthful surroundings, 32 JouRNAL OF THE SENATE. within fixed hours, and were fed, clothed, housed and cared for in health and in sickness, according to specific rules laid down in the law and by the Commission acting under the law. By this same law and under these rules, and under their contracts and bonds, the lessees owed the State .solemn duties, for the failure to perform which heavy penalties and forfeitures were prescribed by the law and nominated in the bonds. The wardens stood as the watchmen of the State and the guardians of its convicted criminals. For these trusted State officers to become also the employees of the lessees, and to receive from them compensation frequently as large as that paid by the State and ofttimes from twentyfive to one hundred and fifty per cent. larger, was to place themselves under such obligations as would interfere with, if not render impossible, honest discharge of their duties to the State or its wards. No mere man can serve t~o masters with conflicting interests. This is the truth of God, as well as human experience. The evidence before us conclusively proves that deputy wardens are not exceptions, and many of the violations of rules and abuses of convicts, clearly established by the evidence, are due to the existence and universal practice of this pernieious custom. It. is no extenuation to contend that the State paid these officers only meagre salaries. We believe these salaries are too small, but the State offieer who has no higher conception of offieial duty and propriety than to supplement insufficient salaries by the acceptance of gratuities from lessees TuESDAY, AuGUST 25, 1908. 33 whose interests are opposite to those of the State, and may at any time become conflicting, or involve the incurring of heavy penalties or the forfeiture of valuable contracts, and in which his conduct may be the deciding issue, puts himself where it may become impossible to earn even the meagre salary paid by the State. It is no excuse for intelligent lessees to argue that these wardens were rendering them services for this compensation. They doubtless were, and this constitutes in itself a ground for serious criticism. These services in many cases were such as ought not to have been rendered, because in conflict with services owed the State, and where this might not be true they required the time of State officers which belonged to the State, and unquestionably distracted their minds and attention from the discharge of official duties iu positions of great and real trust. We feel bound to criticise intelligent lessees even more severely than we do underpaid wardens. These lessees are business men of ability, experience and character, and it seems to us that a moment's reflection would have impressed them with the grave impropriety of such practices. 34 JouRNAL OF THE SENATE. II. '' 2. If any member of the Prison Commission knew or had reason to believe that any chief warden, warden, guard or other employee or officer of the State was trafficking in the convicts of the State and deriving a profit from the leasing or subleasing of the same or receiving any compensation from any lessee.'' Each member of the Prison Commission has specifically denied under oath any knowledge, official or otherwise, of the above mentioned conditions, and we accept this as true. We believe, however, that the Commission is subject to criticism for not having information as to the conditions and practices in its department and by its employees, which were notorious, universal, and extending through the whole period of its existence. Every lessee and warden before the Committee stated that no effort was made to conceal such practices, but that they were generally known about the camps. The State Warden knew of the custom. Every deputy warden knew that practically every other deputy warden was receiving such compensation, and the guards and employees and even some of the convicts knew of the practice. As before stated, we are convinced that many of the violations of rules by lessees and many of the abuses in the system, shown in the evidence, grew out of and continued because of the fact that the State officers whose duty it was to TuESDAY, AuGusT 25, 1908. 35 prevent or report such infractions and abuses, were in the employ of the lessees, were themselves parties to these violations, and therefore incapable of fearlessly reporting themselves or the lessees. That such general and wide-spread, virtual, if unintentional or unconscious bribery, could have continued for ten years and extended throughout the whole force of wardens without attracting the notice of the Prison Commission, reflects severely upon its watchfulness and attention to the great trust reposed in it. \"Ve find that as far back as March, 1904, Ron .J. l\f. Strickland, a candidate in that year for the office of Prison Commissioner, charged in the public press over his signature, in a controversy with one of the Cqmmission, that both wardens and guards were receiving money from lessees and that he could substantiate the charge. Such a charge, so pubficly made by a reputable citizen, in our opinion, should have been investigated. Had such investigation been made, the truth of the charge must have been discovered, particularly as all of the evidence shows that there was no effort on the part of the parties to conceal it. Had any member of the Prison Commission visited any of these felony camps, he must have ~een that the deputy wardens were discharging the duties of superintendents, overseers, and other like work, as at some of these camps they were in absolute and exclusive charge of the entire business of the lessee, discharging important w~rk not required of them as employees of the State, and. in conflict with their d~ties .as wardens. This at 36 JOURNAL OF THE SENATE. least would have put the Commission on inquiry as to whether or not such wardens were doing this work for pay or not. vVe, therefore, feel constrained to criticise the Commission for negligence in this respect. We further find and report, that deputy warden A. J. Harvard now owns an interest in the business of the Flowers Lumber Company, who are lessees of convict labor, and is presumably deriving a profit from the leasing of the convicts worked in this business, and over whom as deputy warden he is placed. Such an interest is incompatible with a proper discharge of his duties as warden, and we recommend that the Prison Commission demand that he at once dispose absolutely of his interest in the business, or that he be discharged as a deputy warden. III. '' 3. If any lessee is violating or ha~ violated his contract or any rule or regulation promulgated for the working of the convicts, and if such violation would authorize the forfeiture of the contract and the collection of the damages provided by law." We are of the opinion that the rules, regulations, and orders of the Commission have been violated by TuESDAY, AuGUST 25, 1908. 37 the following lessees, and in the following particulars, to-wit: In night work at the mines of the Durham Coal & Coke Company, and the Lookout Mountain Coal & Coke Company; and at the camp of the Chattahoochee Brick Company, the rules providing that the State's convicts shall be worked only from sunrise to sunset, and have specified rest hours; and also in excessive tasks imposed, and the too frequent whipping for "shortage on tasks" in the Durham Coal & Coke Company and the Lookout Mountain Company's mines. The evidence also shows that the Chattahoochee Brick Company regularly employs convicts in Sunday work, and has frequently called them out before sunrise and kept them at work after sunset, and at this camp the bedding and clothes and eating quarters have been in a filthy and unsanitary condition. We also find that Cruger & Pace, at .A]bany, and the Flowers Brothers Lumber Company, at Blakely, have been working their convicts in violation of the rules before sunrise and after sunset; and that at the plants of the Cherokee Brick Company, and the Bibb Brick Company, and of S. M. Stanley, the sleeping quarters and eating quarters have been filthy and unsanitary and the food served during the visit of the Legislative committee to these camps last fall was severely condemned. vVe feel satisfied from the evidence that some of 38 JOURNAL OF THE SENATE. these violations by the above-mentioned companies were sufficient to work forfeitures of their contracts, and the enforcement of the penalties provided by law for violation of the rules and regulations of the Commission. In view of the fact that deputy wardens at these camps have been receiving compensation from these lessees, and have been parties to the violations of the rules mentioned and have permitted the same to continue, we recommend that the Commission consider the matter of their discharge. We find at many of the camps, from the monthly reports of the wardens, that the rules of the Commission prescribing the diet, particularly as to fresh meat, are not complied with, and we recommend that strict inquiry be made as to the diet, and the rules in regard thereto be enforced. IV. '' 4. If there is or has been any mismanagement or misconduct on the part of any employee, guard or other officer charged with the control and conduct of the Prison Farm in Baldwin county.'' We find and report an utter lack of business metkods in practice at the Prison Farm near Milledgeville, and call especial attention to the report of the expert accountants, filed herewith, con- TuEsDAY, AucusT 25, 1908. 39 cerning the lack (If bool{s of records, and of any system of accounting at this institution. There are considerable State funds handled at this institution, and a permanent record of receipts and expenditures, with proper vouchers, should be kept. From the evidence we have been able to secure, it is impossible for us to form any conclusion or report whether all State funds received here have been properly accounted for, or whether all expenditures made have been legitimate. This is true from the beginning of the institution, and the large expenditures made in construction account down to date. The evidence shows that since its establishment only one superficial inspection of the memor.andum books and records has been made by the secretary of the Commission. The evidence shows that there was no examination of the books, vouchers, records, or any criticism of the lack thereof, by any member of the Commission. We suggest that a proper system of bookkeeping and accounting, and a complete re-organization at this institution, be directed at once. The evidence shows that nepotism, a curse to any government, institution or business, is in practice at the Prison Farm. The selection of the guards at the farm is left to the superintendent, and it appears that two of his young sons are from time to time acting as guards, and two of his young nephews acting in the same capacity, all of them being under age, and one son when first appointed being 40 JOURNAL OF THE SENATE. about eleven years of age. The superintendent's son-in-law acts as bookkeeper at the farm, and another kinsman of the superintendent holds a position as guard. The evidence discloses that the superintendent at his will keeps horses and other stock on the farm at the expense of the State, the number of live stock at times being, by the superintendent's own testimony, as many as :five. The superintendent is allowed by the Commission a home on the farm for himself and family, but this Committee does not think that he should keep live stock there at the expense of the State, and they recommend that this practice by the superintendent be discontinued. The evidence further discloses that a good many hogs and beeves are slaughtered on the farm, and the superintendent disposes of the same from time to time, but no proper record of these transactions has been kept. The evidence further discloses that the purchases necessary for the maintenance of the farm are made by the superintendent alone and without giving a proper opportunity for bidding for the furnishing of such supplies, so as to get the lowest price for the State. Large quantities of groceries are bought, aggregating at times as much as a thousand dollars a month, without any public advertisement for competitive bids; and it appears from the evi- TUESDAY, AUGUST 25, 1908. 41 dence that these purchases are made almost entirely from one firm in Milledgeville. The committee is of the opinion that the needs of the institution should be made known in the press, and opportunity be given for competitive bids to supply the demand. It is further disclosed by the evidence that it has been the practice of the superintendents of the farm, by and with the consent of the Prison Commission, to allow the convicts on the farm to be worked off -of the farm for private individuals by the day in agricultural work and in other work. The committee is of the opinion that this is not a wise policy; that the farm was established and the convicts placed thereon to work upon the farm alone, and the practice of working them elsewhere should be discontinued. No proper record has been kept of the funds received from this source. The evidence further discloses that there is no effort to keep the whites and blacks separated while at work at the farm or in their eating quarters. The negroes and the whites eat in the same mess hall, though at separate tables. This, in the opinion of the committee, is improper, and in violation of the law. The sleeping quarters, however, of the whites and blacks are separate. There has been evidence of cruelty in the administration of punishments at the farm. One white man, in receiving a whipping, testified that he was maimed in one of the delecate organs of his body. 42 JOURNAL OF THE SENATE. We have had no evidence contradicting this fact, the rebuttal evidence tending to show that the convict deserved punishment. The evidence also shows that upon one occasion a negro convict who claimed to be sick, was forced to the field to work, over his protest, by warden Slater. When he arrived at the place to work, he was in no condition to work, as testified by the working boss, was laid in the shade, and in a few hours was a corpse. Such inhuman neglect in ascertaining the physical condition of convicts before forcing them to hard labor, is cruelty, and should be severely censured. v. '' 5. If the Georgia State Refonnatory is being conducted in accordance with the provisions of the Act creating the institution.'' The committee finds that the Georgia State Reformatory is not being conducted in accordance with the provisions of the Act. This Act specifically provided that the whites and blacks should be kept separate. This provision is totally disregarded. There is but one residence building upon the grounds, and the negroes and the whites both sleep and eat in this building, though in different rooms, and they also work together. TuESDAY, AcausT 25, 1908. 43 The Act further provides that the inmates shall be instructed in the elementary branches of an education. This provision is also disregarded. No teachers whatever have been furnished for instructing these youthful criminals. The law provides further that they shall be given certain manual training. rrhis has not been done. Indeed, as has been heretofore reported by the Governor, the institution "as it is now run is but a juvenile prison farm, and practically no feature of a reformatory is in practice, though the Act creating the institution provides for an up-to-date reformatory. The Prison Commission give as their reasons for not complying with the law that they have not been furnished a sufficient amount of money for the needs of the institution, and we believe that sufficient funds have not been appropriated. They give as their reason for not having constructed separate buildings for the whites and blacks that they did not contemplate that any negroes would be sent to the institution. The committee is of the opinion that the reformatory is a necessary institution, and that it should be properly cared for by the State, and sufficient funds appropriated for that purpose, and that buildings should be erected so as to keep the whites and blacks separated. The inmates should also be given the manual training provided by the Act, and 44 JouRNAL OF THE SENATE. teachers should be furnished in accordance with the requirements of the law. From the evidence submitted, the Committee is of the opinion that the superintendent and the matron, his wife, have done the best they could with the funds and the encouragement they have had. There is no reason why with proper care and a compliance with the law this institution should not be made to do great good in the i'eformation of youthful criminals, and to otherwise carry out the purpose and intention of the Legislature when it was created. The fact that it is located in the same county wherein the prison farm is located, is no reason why it cannot be made a complete reformatory in fact as well as in name, and its present location should not in any way detract from its usefulness. The committee recommends that a sufficient appropriation be made at the present session of the General Assembly to construct the necessary buildings, and to purchase the requisite equipment for this institution, and to otherwise supply its needs. The committee further recommends that the negroes now at this institution be removed to some other place at once, and that hereafter the institution be operated exclusively for whites. We also recommend that any white inmates now in said institution, who were sent there when over sixteen years of age, be removed, and that the TuESDAY, AuGuST 25, 1908. 45 Prison Commission be given authority to decline to receive any person who it is satisfied is over sixteen years of age at the time of his or her commitment. VI. "6. If there is any mismanagement of, or cruelty to, or other violation of the law or the rules and regulations of the Prison Commission, by any of the lessees, or officers or employees of the State in any of the camps where the convicts are worked by the lessees.'' Charges of cruel and excessive punishment of convicts in quite a number of cases have been brought to our attention. We have investigated several of these cases. Many others have been mentioned to different members of the committee, but the committee has not had time to investigate every case, nor have we considered it necessary to do so. We have deemed it the duty of thEt committee to investigat~ such charges only as would indicate whether these cases were merely sporadic, or as liable to occur under the system, or as chargeable to the indifference of the State's officials or the lessees, to the common dictates of humanity. We believe from the evidence that charges of cruelty are well founded. We are unwilling to dismiss as unworthy of belief some of the evidence taken in regard thereto because given by ex-convicts, once convicted murder- 46 ,JOURNAL OF THE SENATE. ers, perjurers, or discharged employees and disgruntled contractors. In some-cases we have given little weight to all or parts of such testimony, but it should be remembered that much of this evidence is from white ex-convicts, who have been recommended for pardons by the Prison Commission, after serving very small parts of their sentences; that it has related in a ma;jority of instances to cruelties to others, and in exaggerating which they would have no interest; that in many instances their testimony has been corroborated certainly in important particulars, and frequently in whole, and in every instance as to the fact of punishment. It should be remembered that the one case, to-wit, that of the negro convict who was sweated to death in Flower's camp at Jakin, in which the chairman of the Commission and the State vVarden acted as prose- cutors, was brought to their attention a year after its occurrence through the public press because of revelations made by an ex-convict. .'rhe truth is, we deem it almost impossible to secure evidence of cruelties from convicts now in prison or from officers and guards who inflict or permit such while in the employ of the State and the lessees; it is hardly natural to expect evidence from these sources. The State now has two inspectors, one of them has sworn tlutf. he has m~ver been, nor ever expects f.o go into a mine in which the State's convicts are worked, to see what they are doing therein, what is required of them, or what tasks are required of them. The deputy wardens h~' t.lwir own testimony and a.clmis- TuESDAY, AuausT 25, 1908. 47 sions, rarely inspect these mines, and yet they punish, frequently and severely, on the report of an employee of the lessee that some task has not been accomplished, without actual knowledge of the severity of the task, or of the conditions under which imposed. Under these conditions, about the only source of information as to what happens in these mines or as to the conditions under which the convicts are worked, must come from ex-convicts, or ex-guards, or ex-employees. A white boy, Abe vVinn, afflicted with tuberculosis, accidently or purposely, it is immaterial which, pours hot coffee on a deputy warden's hog. The deputy warden and owner of the hog, decides that the scalding was purposely done. He proceeds to whip the hoy until he is exhausted, and is compelled to go into the hospital, from wblch only eight weeks later he is brought out a corpse, never having left his bed after admission. The camp physician first reported his case as pneumonia, which he testified afterwards developed into consumption, and that this was the cause of his death. This is doubtless technically true. The boy's own brother, knowing his desperate condition, accepts t~is as true. These can all bP. real facts, consumption, let it be admitted, was the cause of the death. But the shocking, horrible truth is that an angry and cruel State officer, selfishly interested in punishing, whipped to the very door of the hospital, from which he was later brought a corpse, a boy within eight weeks of a consumptive's death. The whipping under such 48 JouRNAL oF THE SENATE. conditions was the cruel fact, whether it was to the death or only to the hospital door. The negro convict at Jakin, referred to above, is disobedient, unruly, or attempts to escape, it matters not. He doubtless deserves punishment, severe punishment. Let all this be granted; an inhuman State officer decides that he will sweat him, and gives orders accordingly. The convict is sweated, wrapped head and body and feet in blankets and enclosed in a box. He dies. A camp physician certifies that his death was caused by congestion of the lungs. Doubtless it was. The report is accepted without question or investigation. One year later a convict who has finished his term, tells the truth, and though inspectors had visited that camp time and again, no whisper of the truth seems to have reached them. Upon investigation it was found that an exconvict can tell the truth, though while he is a convict he dare not open his mouth. The cruelty was in the form of punishment administered. Another negro, Peter Harris by name, claiming to be sick, is whipped and put to work, till he falls exhausted, and two hours later is dead. Some of the witnesses testify that he was whipped to death, others, including the camp physician, that his death was due to congestion from the excessive drinking of cold water while overheated. Whether the whipping caused death or not, does not mitigate the fact that a sick convict, to whom the camp physician swears he had that morning given a purgative, is TuEsDAY, Aum.~""ST 25, 19'08. 49 later whipped, put ro work at admittedly the -sever- est and hottest task, and in a few !hours is dead. This constitutes cruelty. A white man is confined a.t the' Dnrbam Ooal Mmes und~r a .tw-enty-year :sentenoo. He refuses to w-ork. The warden decides to .admim*r a whip- pill'g. He has the reputation of beimlg a very desperate -chara:cter. He do:ub:hlress Booip~s, ralminor riod Ol'tohr :!!;, HHHl. to .Tnl~-. l!HlK, all(1 solei~- to thP ('ommissioner's hooks,--not the Htatf' Farm or Heformatory). The error referred to aboYe was an error in a hill of .T. \Y. En~lish, .Jr.. lJOarI and .\n~ust. 1900, foot~>d as $fa!I.~L whilst (i!) the <'onert amount is $-Hi!J. ~.J., a differenee' of $180.00, which ''"as overpaid to ~Ir. ISnglish. "Gpon calling Captain Yanee~'s attention to it, he collef'ted the $1SO.OO, al:-:o $!JH.IO interest, or $218.10, whif'h was deposited in the Lowr~ ~ational Bank to the credit of .J. N. Tumer, ( 'hairman, on August -l-, 1908. In checking the salar~- li:,;t, we noticed that Captain Goodloe Y ancer, clerk of the Commission, started in at a salary of $100.00, p~id b~- wanant, short]~- after whieh the ( 'ommission paid him ~:30.00 a month for keeping the hooks of the Commission and since the Hefonnaton was started he has been paid an additional $20.00 making a total of $L)O.OO per month. Also in this period, the State \Varden, Mr.J. C. Moore, has been collecting $140.00 a month salary, which was paid b~-warrant. In examining the pay-rolls we noticed that man~ signatures for wages of guards, etc., are in ~he handwriting of others than the one who earned the wage, and as we went on in the imestigation we found it quite> tt ge>neral pradiee. 1'he following are promim'nt illustrations: Fargo pay-roll, Oetober, 1900, of 71 names \V. B. Hamh~- signs for 22; \V. H. Mobley signs for 5, can not state positively about balance of the signatures. Chattahooehee pa~-roll, October, 1900, of 2+ names, 70 cw .JocRXAL THE SExATE. all except ~ signed x in one handwriting and not witnessed. Bartow pay-roll, October, 1900, of ~9 names all signed in same handwriting. Coal Creek pay-roll, October, 1900, J. R. Brock receipts for several men's pay. Adrian pay-roll, X ovemher, 1900, all but ~ apparently signed in one handwriting. Donaldsonville pay-roll, December, 1900, all signed in same handwriting. Egypt pay-roll, March, 1900, all signed m same handwriting. Adrian pay-roll, January, 1900, and .January, 1902, all signed, apparently, by one man. Sharp (Colquitt) pay-roll, .January, ] 900, all signed, apparently, by one man. Albany (Cruger and Pace) pay-roll, January, 1900, -01, -02, -05, -06 and -07, signed, apparently, in one handwriting. Bartow pay-roll, January, 1900, all signed, apparently, by one man. Fargo pay-toll, 1900, W. B. Hamby, physician .and General Superintendent, signs for 19 others. Last item on pay-roll reads "Camp Expenses," as per statement attached, $61.53, signed for by \. R. TuESDAY, AuGUST 25, 1908. 71 Hamby. A statement of this amount is attached to pay-roll, but no receipts showing who paid to. In addition to these signatures accepted indiscriminately, we noticed Yery many instances wherein guards are paid more than $25 a month, which we understand to be the limit of their wage prescribed under the Prison Commission Act. The following is a list of them: Durham. J. M. Webb, $27.50 per mo., Jan. '02-April, '03. Kirby Jones, $27.50 per mo., .January, 1902, only. C. L. Tatum, $27.50 per mo., :March '02-Sep. '03. C. L. Tatum $27.50 per mo., Nov., '03-April, '05. \V. L. Gordon $27.50 per mo., April to June, 1903. \V. L. Gordon $27.50 per mo., Aug., '03-Aug., '04. J. vV. Brannon $27.50. per mo., Apr., '03-Jan., '04. F. L. Ashburn $27.50 per mo., June-July, 1903. A. M. Wingfield $27.50 per mo., Aug., '03-May, '05. Sam Goode $27.50 per mo., January to May, 1905. Sam Goode $27.50 per mo., Sept., 1904-Nov., 1904. Ed Barnes $27.50 per mo., Nov., to December, 1904. Milltown. J. W. Brannon $27.50 per mo., Feb.-Dec., '04. J. W. Brannon $30.00 per mo., Jan.-April, 1905. 72 JouRNAL OF THE SENATE. Lookout. J. H. 1Villiams $27.50 per mo., :Ma~, '04-Ma~, Hl05. Alexanderville. 'Y. R. Hallman $27.50 per mo., .July, 190+, onl~. W. R. Hallman $27.50 per mo., Nov., '04-Jan., '05. W. "\.Yilkes, $27.50 per mo., August, '04-Der., '0+. Royston Guano Co. J. M. Garrison $27.50 per mo., .Tune-August, 1906. Clide Avant $27.50 per mo., August, 1906, only. Rising Fawn. W. H. Autry $27.50 per mo., .Tanuary, 1905, only. R. H. Smith $27.50 per mo., .January, H>05, only. Our general comment on the records, etc., in the office of the Prison Commission is that the business was conducted in a very lax . manner, vouchers, papers, etc., not properly checked nor sufficiently scrutinized. STAT.Ji~ E'ARM. rrhe work on the State farm books was started about the same time as the examination of the Commissioner's books : but as we were not able to get 73 the reeords until two or three enl'les . . . . . . . . . . ~03.f>7 Freight . . . . . . . . . . . . . . . . . . 2,05;).89 Ineidentals . . . . . . . . . . . . . . . . 29.58 rnterest. . . . . . . . . . . . . . . . . . 385.39 Guns and Ammunition . . . 2,160.16 Disbursements, Jan. 6, 1899- 0ct. 1, 1899. $95,019.95 Disbursements, Oet. 13, 1899 Oet. 6,1900 not able to classify 138,395.81 $233,415.76 Receipts over Disbursements $5,155.78 Exhihit. A. PlUION COKMIIUON-li.ECEXPTS AND :OIBBURSDIEll'l'l. OCTOBER 26, :rpoa-MAY 3:t, :tpo8. --- RECEIPTS. I . I I I I I~1~0:--2- 860~D-O- 190--~1---0021 1~1-~0-8l1--0~2~ 65--8~l--O0S4 . 6- 1-04 5--91--08 6- l-OB 8- 1- C1 E-81-06 . 8-81-Qf 6- 1-0'1 B-81--CI Total. Balance on hand AplCrcJ-r-o-8p6rio.0ti0o_n_ -_-__-_-_-_- lB 5,177.12 111,160,00 111 -- -----111,120.00 111 ... -----71,590.00 $ __________ 84,010,00 $12--6-,1-10-,-0-0- $1-3--5-,0-0-0-,-0-0- 11113--5--,0-0 0-,-0--0- $14-1,1-1-0-.-0-0 $ 5,177.12 925.040.00 ------ii- lte nrrno.tory -- __ -- lt'arm Products ---- --ia~ooo:oo --ili~aai.9i m(li4.52- --.;oso.67 10,010.00 13,0CO,OO 5,000.00 II,OOO.CO 16,5lllUJ6 81,550,51 llt,832.89 149,1:191.16 ------- Bills Payable - ___ . ----- ------- ------ ----- - - TotaL _________ ""------ ___ ,. $129~342.171$130~451.921$ .. -95~124.52 - - - ---- $119,070.57 19,5Dti.OO ---- ---------- -.. -,.-,. - -- - - $146,592.851$161,5 2.85,$179,550.51 .. ------ $165,442.89 19,500.00 ---- 1,127,108.28 1-3 q J ~ 0 ~ 1~ -t;;ll ~ 0 SXl ExmBIT B. _, CD 00 0 PRISON COMMISSION-DISBURSEMENTS. 1 1 1 10-26-00I10-1-01I10-~1-02_1_ 6-1-03 ~ 6-1~~-~-~6-=-1-=-05---~-1:.:..061 6-1-071 _ 9-30-01 : 9-30-02 5-31-03 5-31- 04 5-31-05 5-31-06 5-31-07 5-31-08 Total Pay-Roll _______ _I* 96,8~8 75; 92,016.6~~ J; -~~;;7.60 J; 9~,536.601$ 11;,988_;41$ ~0-4, 13;~~8 ~Is,gso. 1 16 $ ll9,1;4.141; ;94~4~0.68 Inquest ______ . I f':u11p Expenses . ___ ! Hewanls ______ j Transportation __ _ lnspPetion __ _ __ _ ~l9.00 9~7.86 1,114.11 610.59 77".73 200.00 481.67 1,131.60 746.85 9:3i:l g8 65.00 408.04 400.00 438.80 1,176.17 127.60 573.97 1,692.21 308.58 877.nl 17~.00 1 103.20 1,961.~7 90f..fi7 2,307.39 10!:'.00 810.49 1,3::J8.76 212.65 1,1-\44.44 102.35! 1,G6fl.871 2,224.08 512.60 2,06'3.76 1 115.001 856. ~9 2,496.621 175.72 1,79P.21 t!88.95 ~ 6,211.49 0 12.3fil.65 3.7~0.86 ~ ::ll ~ 11,776.37 ;;.. Office Expenses_ 778.57 1,2:34.76 564.09 1,187.61 59637 609.03 b72.80 484.01 6,1:C7.24 :--< Litigation__ ___ 36:3_5g 7!=l.8.'i 39.25 63.80 _______ .. ______ -------- 551.49 0 ~~:~:~;~~r~{J;},t~s ~ _____ l cIrmmpanrocvnet ments __ I. 1 1~:~ii:~g -~:~,~-12.47 __ _1_2~~~4~~5~ _-2~ :_16~05 ___1_5~8~4~ ~: __21,~9~~~0 2~;~!~:~~ ---~-~~~~~~~~1 1,30_083 7' 14. 636 2 ' 432 78 1 ~-- ------- --- -- -------- -------------- --------- 1~~~~:~:~~ 10',879.97 ~ >-.:; ::r: ::.; ?~~~~\~~~:~~---- ~--~-~~~~ Hills Payable _____ I t'tatc Treasurer __ 7~~:~:1 ],~6~:~~ ---1-,6~7~~l ____ 55::031 ____________ ---~--- ______ . __ . . ___ _ 12,000.00 ~~~:~; 15,500.00 ~-16-~2 -----~!~:~: -----~~:~~~ 4,000.001 2,943 1 9' 31,550.51 18.8gB_ 54 7,~~~:i~ 1P '\00.CO 1 a::. ~ ;;.. 6o,-l92.14 H Hdormatory __ _ _ _ _.. 9,607.72 9,016.24 7,261.30 21',8E5.26 t': 1 ;l48,lli.'i8 $ Total ---- -- -- '$123,202.46 i\-l29,049.7111;-;i9,553.75 129,638.18 il57:403.~::J $u8,4-5l.OOI$ 17o,c7~.54 n, 12:",192.41 : -' I -----~ Bank Balance .. __ 1,615.87 EXHIBIT B-Cont'd. Total ______ $1,127,108,28 REPORTED INCOME AND DISBURSEMENTS-STATE FARM. OCTOBER, I!IO:i-:\IA Y 3I, 1908. INCOME. Rales Hire of Convicts Total October, 1903-:\luy 31, 1!)04 ______ ---------- _______________ , $24I38.47 $33.00 $24,171.47 June I, Hl04-May :n, 1!)0.'>-------------------- --------------~ 14,744.36 539.69 15,284.05 .June June I, 1, 1905-:\Ia)' 1906-l\Iny ::nn,, llJO(L _______ . ---.I!J07 _____________ ... ------------.. ______________ 1,098.17 31,863.32 26;)_61 1,367.78 460.93 32,324.25 ~- June I, 1907-:\Iay :H, I!IOS. -- ______________________ 1 20,166.54 . 885.90 20,552.44 > ~ __ 1~10.SS!$1.6s9.i3 $98.69"9.99- ~93.~9.99 > DISBURSEMENTS. I I I Traderll Pa -Roll I 1Y CoS,tmamteisTsiroenas&. UnL!otbclaeteto T0ta1 Octobe;.: 1903-May-;1~--1-~:-~- _- _-_: _---~-------_-- .$829.97 - $23,780.73 I ---~60.77 ---~$~,;;~_~; 0 ~ l~ ,..e.;, ..... June 1, 1904-l\Iay ~1, 1905____ _ _ __ __ .48 June], Hl05-Mn;v.H, 1906 __ _ ___ .. ____ I June I, 1906-May :n, HJ07 ___________ , _ __ June 1, 1!)07-Mny 31, 1908 _____________ 684 60 729.04 409.68 773.74 179.52 14,554,54 958.10 31,550.51 19,551.70 ______ ______ ______ 186.62x 15,284.06 1,367.78 32,324.25 20,552.44 "0 ' ?'" I $685.0B_ $2,421.95 -$90,895.58 -m7.39 -$93,700.00 $98,700.00 I Difference I . 01 x This amount. $136.62 was depo~itecl to the crerlit of A. B. Coombs, Superintendent. Exhihit C. . '0I-0' 82 J OUimAL 01? 1'HE SENATE. 'l"'he following Resolution was read and adopted, to-wit: Hy l\fr. Peacock- Be it resolved, 'Phat the thanks of the ~enate be, and are hereby extended to the Committee aiJI>ointed to investigate the convict question, for the thornuglt, painstaking and business-like ma.nner in whit'h it has performed its duties. The following bills were read the first time aud referred to the Penitentiary Committee, to-wit: By l\fr. Felder, of ~2nd distrit!t- A bill to provide for disposition of certain felony oonvicts on and after the 1st day of April, 1909, and for other purposeR. Ry Messrs. Brock, Knight, Sikes, Griffin, Hawes, Gordy, Steed, Crittenden and Taylor- lt bill to provide for future employment of felony and misdemeanor convicts, and for other purposes. Hy Messrs. Boyd and lfartin- A hiU to provide for the abolition of the conviet lease H)"Btem of the State of Georgia, and for other JIUr} lOSeS. 84 JOURNAL OF THE S&.~ATE. WEDNESDAY, August 26, 1908. The Heuute met pursuant to adjournment and was <.~ailed to order hy the President. Prayt'r was offered by the chaplain. rpon the eaU of the roll the following Senators answered to their names: Akin, ]3om, Hoyd. lirantltt:''r .Broek, Bu11h, t'owurt. ('rithmll'n, Dt>ttn, llobbs, Farme1, Fcldtr. Felts, lon1~. Griffin, Hardman. Hawtt!l, IIayes. Hcnder1mn of J:>th. Hentlt>t"llnn of :l9th, Howurd, HudsoH. Hught>s. Johnson, ~ujg!Jt, Lashl!,,, :Martin, Mattox, Ptacuc k, Sta;>hton, Steetl, Sikc!ll, Taylo>, Turner, Waldtu, Walkt'r, Whaltty, Willu~s. Willifortl, l[r. Pr<~thnt, 'J'hose absent were :Messrs.- t:lllll!l, OYerstreN, The journal was read antl confirmed. "WEDNESDAY, AUG"LST 26, 1908. 85 The following bills were withdrawn from the Penitentiary Committee, read the second time and ordered recommitted to said Committee, to-wit: A bill to provide for the disposition of certain felony eonvicts on and after the 1st day of April, Hl00 . ..Also a hill to Jno,ide for future employment of ff'lon~ and misrlemeanor convicts. _ Also a hill to provide for the abolition of the eon- YiC't lease s~stem in the State of Georgia. - The following hill was read the first time and rel'<>ned to Committee on Penitentiary. ~~~- ::\fessrs. Deen, \Villiford and Hardman. A bill to regulate the treatment and control of dependent and delinquent children and for other purJ>oses. On motion the Senate adjourned until 10 o'clock to-morrow morning. Rfi .TmnxAL OF THE SF:xxn:. 'l'nuRSDAY, August 27th, 1908. The S{'nate met pursuant to adjournment and was ea lled to order h~- the President pro tem. Pra~er was offered h~- the chaplain. 1~pon the call of tlw roll the following Senators. answered to their names. Akin, Horn, Boyd, llrantlcy, Hroek, !lush, t'amp, ( 'owart, t 'rittt>nden, DPPn, llouLs, Fanner, (<'('ltlt>r, l'pJts, Uordy, (]riffin, llardman. Hawes. llay<'s, lls, Taylor, Turner, \\'al on Penitentiary, to-wit: A bill to regulate the treatnwnt and ('Olltrol of dicpendent children and for other purposes. 'l'he following Resolntio11 \Yas read aU Senate at 1 o 'eloek P. ~f. nn les,; otherwise ordered. rl'he following Nenate hill was I"P foregoiug hill. One hundred copies of the substitute b~ Mr. Born were ordered printed for the use of the Senate. On motion the Senate adjourned until 10 o'clock tomorrow morning. 90 .JOURNAL OJ,' THE SENATE. FRmAY, August 2.Sth, 1908. 'l'lw :;;nator" answered to their names: Akin, Born, Boyd, Brantlty, Brock, Bush, Camp, Cowart, ( 'ritt!nil!'n, I>C!'n, Dobbll, 1-'arm<'t', l'tldt>l', fo't'ltll. ton, Steed, 1-:likl!l:l, 'fa~lm. 'l'u rnet, \\"altlcn, \ralktt, Wl'avcr, Whaley, \\'ilkcs, Williford, )[r. I-rcsitltnt, 'l'ho~p n)lRent W<'l't'! )[essrs.- 'fhe journal of yesterday's proceedings was read oucl confirmed. !11 Ltan of ah~ww< was granted }[r. .b,elts until next ~londay. 'l'hP following- H o'eloek P. }f. ::\lr. Oonly lll0\'<'<1 to suspend the rules and tak< up the resolution, whi<'h motion did not preyail. ::\fr. Bro<'k. ('Jw innan of the Pen ihntiar~ Committe<>, suhmittt>niteutiar~- haYe had under <'<>nsi<'Omnwndation, to-wit: .\ hill to rt>g-ulatP the treatment m1ndPnt l'h i ldren. HPspeC'tfull~- submitted, .J. R. RRocK, Chairman. The Renate took ntl the unfinished husiness of ye~; terrlu~'s session to-wit: By ll r. Felder- A hill to provide for the disposition of t.d for tlH usP of. tht 1-ienab.'. .\I r. :\lattox offerPd thP follow in~ H(lt!OI ntiou, towit: Thttt when this ~enate atljuum to-da~. that it stand!< alolntion the ares and nn~~'~ were ordPred. 'l'ht' Yote was as follows: rl'lmse voting in tJu~ a:ffirmnti\e were Messrs.- Akin, Boyd. Brantle,,, Broek. ('amp, ('owart, D!'en, Dobbs, l'armer, II tmlol'l!lon of 39th, lloward, lhl'l'lt:n, ltll!4bley, 1\{aitin, 1\!Iatto:x, Stapleton, TurnE>r, Walker, rrhosc voting in the negative were Messrs.- Bush, ('~rittenclttu. Feldor, Gord,v. Ilardmau. Ilayrs, II cndl:'r'la11 s, .Johnson, Ovt>rstrNt. Ht(']Jlums, Sik('S, Whult>y, Mr. Pr('sident. The Resolution was adopted. :VIr. Hays moved to 1econsider the action of the Senate in adopting the forpgoing resolution. Upon the adoption of the motion the ayes and nays were ordered. The 'ote was as follows: 'l'hose voting m tile affinnatin \YPre .:\lessrs.- I ~ <, r n , BuRh, ( :rittcndln. !'elder, ~:onl~. HayC's, Henderson ef l;ith. Hughes, Knight, Steed, Taylor, \\"alden, \V Pa nr, \\'hale~, Wilkes, Williford, Those voting m the negative \H're ::\Iessrs.- ..-\kin, Boyd, Bran tier, (:amp, (:owart, nccn, Dobbs, l~armPr_. f1riffin, Hcnder~on of :HJth, Howard, Hudson, .Tohnson, Lashley, :\lartin, :\fattox. Stapleton, ~ik0s, '1\ll'ncr, \\'alkcr, Those not voting were ::\Iessrs.- Bro~k, ~'elts, lfardman, Hawes, 0YPrstrect, J>e,teock, st.,plwns, :\Ir. l'rPsidPnt, The motion to reconsider was lost. LeavE' of alJsenee \vas granted -:\[r. Rtevens until :\Ionday. 'l'he Senate adjourned uuti I ::\fonday at 10 o 'clo(k :a. 111. ~ImmAY, Auou~T :31, 1008. 9;) ~EN"ATE CHAi\lllER, ATLA:\TA, G.\. MoNDAY, .A um:sT :31st, lflOR. 'l'he Senate met pursuant to adjoumment at 10 o'clock a. m., and "'as called to order hy the President. Prayer was offLn~rl by the Chaplain. 1~pon the call of the roll tiH' followiug ~euators auswered to their names. Akin, 1 ~01"11, Boyd, Brantley, Brock, Bush, Camp, ('owart, Crittenden, Dobbs, 11\tnner, Jo'elder, <:ord>, (]riffin, Hardman, Hawes, Ha>es, Henderson of 15th, Henderson of 39th, Howard, HtJdson, Hughes, .Johnson, Knight, La~hley, :lfartin, ::\fattox, (herstre..t, l'Paeock, stapleton, Steed, stephens, i"ikes, Taylor, 'Turner, \\'alckn, \Valkcr, \Veaver, \\'haley, \\'ilkes, \\'ill iford, l\Ir. President, Those absent were }lessrs.- Felts, The journal of :F'riclay 's :-;esswu was rearl and <'On firmed. 9G .Tot:HKAL OF THE SENATE. 'I'lie following resolution was read and la iSNl of the authors of tliP various hills relating to the convict question with three other Senators, he appointed to determin< whired the Sl'sswns of tlw Ne11ate shall be from 10 a. m., to 1 p. 111., and from :l ]>. 111 .to 5 p. m. The following llless;Jge \Yas nrtin, Mattox, Stapleton. Steed. Stephens, Sikes, 'l'aylor, \\'alden, \Veaver, Whaley, Wilkes, Williford., 11:3 Those not Yoting were Messrs.- Brantley, :Jfr. President, 'l'he amendment was lost. The next amendment by ~1r. Knight, to strike nil of Section 4, was taken up. The yeas and nays were ordered and the Yote WllS follows: Those yoting in the affirmative were Messrs.- Akin, Bush, Crittenden, Deen, Howard, P<.'aeock, Sikes, Walden, Those voting in the negative were Messrs.- Boru, Boyd, Brantley, Brock, Camp, Cowart, 11 .Tot:RxAr. oF THE SExATE. Dobbs, l~armcr, Felder, t'elts, Oordy, Griffin, Hardman, Hawes, Hayes, Ht'ndl'rson nf 15th. IIPJHiersou of :Hlth, HndHon. lluglwll, .JnhnRnn. Knight, Lash!<.~. :\fartin, :\1 attox, 0\'Pl'Hlll'l't, Rtapl<'tr,n, t-;t ,.,.,(. :-;ttl})ll'BS, Ta~lm. Turner, \\'alktr, \\'Panr, \\'bah~. \\'ilkPs. \\'illiford, Those not voting were }Iessrs.- Jlr. l'Hsidl'ut. 'l'he amendment \Yas lost. l\Ir. Martin offered the following amendment which was adopted, to-wit: Amend the entire substitute bill .by elwnging ~ee tion :3 to ~ection 1 and renumbering all the other Sections of the bill in accordanre therewith and amend further by striking the word "Board" wherever it occurs in the suhstitute hill and inserting in lieu thereof the words "The Prison Commission.'' :Jir. Bush offered the following amendment whi works also the dram- 120 JouRNAL OF THE SENATE. age and irrigation of lands where and when found to be expedient. BY unanimous consent the session was ordered extended until the substitute was disposed of. The fo1lowing amendment was read and adopted. By Mr. Martin- Amend caption as follows by striking out the words ''and the establishment of the Board of Control of the penitentiary system and officers connected with the same. The following amendment was read and adopted. By Mr. Felder- Strike out word "Board" and insert in lieu thereof the words ''Prison Commission'' in the caption of the substitute. Upon the question of the adoption of the substitute as amended, the ayes and nays were ordered. The vote was as follows: Those voting in the affirmative were Messrs.- Akin, Boyd, Brantley, -WEDNESDAY, SEPTEMBER 2, 1908. Bush, Camp, Cowart, Deen, Dobbs, Farmer, Felder, Felts, Griffin, Hardman, Hayes, Henderson of lilth, Henderson of 39th, Howard, Hudsvn, Hughes, .Johnson, Lashley, ~iartin, Mattox, Peacock, Stapleton, Stt.phens, Taylor, 'furner, \\"alden, walker, whaley, Wilkes, Williford, 121 Those voting in the negative were Messrs.- Born, Brock, Crittenden, Gordy, Hawes, Knight, 0Yer~treet, Steed, Sikes, vVeaver, Those not voting were Messrs.- Mr. President, The substitute was adopted. The Senate adjourned until 3 o'clock p. m. The Senate reconvened at 3 o'clock p.m., and was called to order by the President. Upon the call of the roll the following Senators answered to their names. I Akin, Born, Boyd, !{rant ley, Krock, Bush, ('amp, ('owart, CrittendPn, Deen. Dobbs. JilannC'r, Felder, Ft>lts, nordy, nriffin, fl ardm:u;, .JOL'H~.-\.L OF THE SEXATE. Hawes, HayeH, HlndPr~on 'Jf l.itl:, Hender~ou of :3Ht It. Howard, HIHbon, HughPs, .Johnsou. Knight, La>hiPY, :vrartin. .\fattox. 0 Y('l st l'C'C t. i'Pacof'k. ~tapldou, ~t((d, ::4tephen~. SikPs, Taylor, Turner, \\'alden. \\'alkC'r, \\'payer, \\'hale,,, \\'ilkes . \\'illiforonT in said Section the following: And no person who under existing laws may have a right to peddle or conduct any business without a license from the State or count~ or a municipality, shall have a right to sell said imitation beer without paymg saitl tax. The bill was .read third time. WEDNKI:IDAY, SEPTEMBER ~. 1908. 123 Upon the paseutge of the llill by suhAtitute tbe ~eas and mtys were ordered. us 'rhe vote wus follows: 'l'l10se voting in the affirmative were liessrs.- Akin, Boyd, Brantlry, (?amp, Cowa1t, Deen, Dobbs, Farmer, l!'eldcr, l!'elts, Gordy, Uriffin, Hardman, Ha,\es, Utnderson of 15th, lll'llllel'SOU of 39th, Howard, Hugill's, .Johru;on, r.n ,_ltJt',\'' :\fartin, liattnx, l't'llli'OCk, Stapleton, Steed, Stetlhens, \\'alden, \\'nlker, \\'hale~, \\'ilkes, \\'illi:f'ord, 'J'bose voting in the negative were Messrs.- norn, Brot>k, Sikes, 'l'hose not voting were lfessrs.- Bush, Crittendon, Hawes, lluilson, Knight, T;ylnr, Turner, Weaver, 11ft, President, 'l'he llilL having received a requisite constitutional majority WltK pnsf'!ed by substitute. Rouse bill No. 1 which was next in order as n 124 JOURNAL OF THE SENATE. continuous special order was displaced. The following House bill was taken up for third reading, to-wit: By Mr. Adams, of Chatham. A bill to provide for the establishment of children's courts. The bill was read the third time and the report of the Committee was agreed to. Upon the passage of the bill the ayes were 28, nays 0. The bill having received a requisite constitutional majority was passed. Upon motion of Mr. Felder Senate bill No.1 was ordered immediately transmitted to the House. Upon motion the Senate adjourned until10 o'clock tomorrow morning. THURSDAY, SEPTEMBER 3, 1908. 125 SENATE CHAMBER, ATLANTA, GA. THURSDAY, SEPTEMBER 3rd, 1908. The Senate met pursuant to adjournment at 10 o'clock a. m., and was called to order by the President. Prayer was offered by the Chaplain. Upon call of the roll the following Senators answered to their names. Akin, Born, Boyd, Brantley, Brock, Bush, Camp, Cowart, / Crittenden, Dobbs, Farmer, Felder, Felts, Gordy, Griffin, H'l.rdman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, Johnson, Knight, Lashley, Martin, Mattox, Overstreet, PeacoPk, Stapleton, Steed, Stephens, Sikes, Taylor, Turner, Walden, 'Valker, Weaver, "Whaley, Wilkes, Williford, Mr. President, Those absent were Messrs.- Deen, The Journal of yesterday's proceedings were read and confirmed. 126 .Tol:RNAL m' THE SENATE. l . eave of absence was granted :Mr. Deen for today. Mr. -:\Imtin Acting Chairman of the Committee on Engrossing submitted the following report: J/r. Presirh11t: The Committee on Engrossing have examined and found properly engrossed and ready for transmission to the House of Representatives the following Senate bill, to-wit: .A bill to provide for the disposition and working of felony convicts on public roads. Respectfully submitted, W. C. )Lo\.RTix, Acting Chairman. The following message from the House of Representatives was received through Mr. Boifeuillet,. the Clerk thereof: Jlr. President: The House has passed by the requisite constitutional majority the following hill of the House, towit: ~-\. bill to provide for the regulation and licensing 'fHeRsDAY, SEPTEM:BER 3, 1908. 127 of the selling of all drinks and beverages in imitation of beer; to levy a tax on same and to provide for the disposition of the funds so raised and for other purposes. ~'he following House bill was taken up and read the first time, to-wit: By :\Ir. \Vise of ~'ayette- A bill to provide a revenue for the penitentiary system of the State hy requiring a license on manufacture and ~;ale of imitation beer, etc. Referred to Temperance Committee. Upon motion of :Mr. Steed the Senate took up for a third reading the following bill of the House, to-wit: By l\Ir. Holder- A bill to provide for future emplo.yment of felony and misdemeanor convicts upon the public roads. :\fesses. Boyd, :\iartin, Camp, Henderson of 39th district, Turner, Lashley, Hughes, Felder, ''Talrlen, Peacock, :B~elts, Cowart, Akin, \Valker, Deen, Stapleton, Johnson, \Vhaley, Brantley, offered a substitute to the above bill. 128 .JOFRNAL OF THE SENATE. :Mr. Steed called for the previous question. T motion was carried and the main question w ordered. Upon the adoption of the substitute the ayes a: nays were ordered. The vote .was as follows: Those voting in the affirmative were Messrs.- Akin, Boyd, Brantley, Bush, Camp, Cowart, Dobbs, Farmer, Felder, Felts, Hardman, Hayes, Henderson of !.5th, Henderson of 39th, Howard, Hudson, Hughes, .Tohnson, Lashly, Mllrtiu, Mattox, Peacock, Stapleton, Steed, StepiH'ns, Taylor, Turner, \\'alden, \Valker, Whaley, Wilkes, Williford, Those voting in the negative were Messrs.- Born, Brock, Crittenden, Gordy, Griffin, Hawes, Knight, Sikes, \Veayer, Those not voting were Messrs.- De en, 0Yerstreet, Mr. President, The substitute was adopted. THT:RSDAY, SEPTEMBER 3, 1908. 129 'rhe bill was read the third time, and upon its passage the Yote was as follows: Ayes 29, nays 5. 'l'he hill h \\HS passed, b~' substitute. Lpon motion of ~Ir. Felder, House bill No. 1 was ordered immediately transmitted to the House. ::\Ir. Bush wns granted leaYe of absence for ba lance of session on account of sickness in his family. ::\Ir. Born moved that the Senate adjourn until 10 o'clock tomorro"T morning and upon this motion the ayes nncl nays were ordered. The Yote "-as as follows: Those voting in the affirmative were }fessrs.- Eorn, Griffin, Knight, Mattox, Those voting in the nPgative were }fessrs.- Akin, Boyd, Bush, Camp, Cowart, Dobbs, Panner, Felder, ' (;ordY0, Hardman, Hawes, Hcndf'rson of Eith, .Johnson, :Hartin, On~rstreet, Stapleton, StC'cd, btephcu~. Sikes, 'J'urner, \\' alker, \Veayer, \\.ilkes, \\' illiford, Those not Yoting were ::\Iessrs.- llranth>.' l3rock, ( 'rittenden, De en, Felts, Hayes, Ht>ndc:son of 39th, Howard, Hudson, Hughes, LashlC'y, Peacock, Taylor, \\'alckn. \\.hail'~, :llr. Prcsident, The motion \\'as lost. Mr. !<'elder move:l that the ~enate adjonm upon this motion the ayes and nays \\'ere orde '!'he vote was as follows: Those voting m the affirmative were :\Iessrs.- Akin, Boyd, Brantley, Bush, Camp, Cowart, Crittenden, Dobbs, Farmer, Pelder, Gordy, Hawes, Hayes, Hudson, Hughes, .Tohnson, Martin, Stapleton, Steed. Stephens, Sikes, Taylor, rrnrner, \\'alkcr, \\'eayer, \\'haley, \\'ilkes, \\'illiford, ~'hose voting m the negative were ::\Iessrs.- Born. Griffin, Hardman, Knight, Hendt>rson of J.)th, :lfattox, ~PHURSDAY, SEPTEMBER 3, 1908. 131 Those not voting were :Messrs.- Brock, Deen, Felts, Henderson of :l9th, Howard, Lashley, Ovcrstrert, Peaeol'k, \Y alt.!Pn, J\Ir. PrcRident, The motion prevailed and the Senate adjourned until 3 o'clock p. m. The Senate reconvened at 3 o'clock p.m. and wHs called to order by the President. Upon motion of Mr. Howard, the call of the roll was dispensed with. The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof. M1. President: The House has passed by the requisite constitutional majority the following bill of the House, towit: A bill to create a system of parole on conditional pardons of prisoners convicted for crime and for other purposes. Also the House has passed by the requisite con- 132 JouRNAL OF THE SENATE. stitutional majority the following resolution of the House, to-wit: A Resolution to appoint a commission to inquire into the feasibility of extending the \V. & A. R. R. to the sea. The following House Resolution was taken up and read the first time, to-wit: By Mr. Alexander, of DeKalb- A Resolution to create a commission to inquire into the feasibility of extending the \V. & A. R. R. to the sea. Referred to the vV. & A. R. R. Committee. The following House bill was taken up and read the first time, to-wit: By Mr. Persons, of Monroe- A bill to create a system of parole or conditionni pardons of prisoners convicted for crime and for other purposes. Referred to the General Judiciary Committee. Upon motion the Senate adjourned until 10 o'clock tomorrow morning. FRIDAY, SEPTEMBER 4, 1908. 133 SENATE CHAMBER, ATLANTA, GA. FRIDAY, SEPTEMBER 4th, 1908. The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order by the Presi~ dent. Prayer was offered by the Chaplain and upon motion of Mr. Steed the call of the roll was dispensed with. The Journal of yesterday's proceedings was read and approved. Mr. Hawes, Chairman of the vV. & A. R. R. Com- mittee, submitted the following report: Mr. President: The Committee on W. & A. R. R. have had under consideration the following resolution of the House which I am instructed to report back to the Senate with the recommendation that the same do pass, to- wit: 0 A Resolution to create a comm1sswn to mqmre 134 JouRNAL oF THE SENATE. into the feasibility of extending the ,V. & A. R. H. to the sea. Respectfully suhmitterl, P ..M. H,w,.Es, Chairman. Mr. Lashle~, Vice-Chairman of the Committee on 'J'emperance submitted the following report: Mr. Preside11t: 'J'he Committee on Temperance have had under consideration the following House bill which I am instructed to report haek to the Senate, without recommendation, to-wit: A bi II to provide revenue for the penitentiary system of the State hy requiring a license upon the manufacture and sale of imitation beer, etc. Respectfully submitted, A. E. LASHLEY, Vice-Chairman. 'L'he following House hill was read the second time, to-wit: A bill to provide for the support of the convict .. system by imposing a tax upon i~itation beer, etc. The following House bill was withdrawn from the FRIDAY, HEPTElVIBt~R 4, 1908. lirJ General .Judiciar~~ Committee, read the second time and ordered recommitted to said committee, to-wit: A bill to ereate a system of parole or eonditional pardon of prisoners ase hill. Upon motion of Mr. Felder the Senate refused to recede from its action in adopting its substitute to the following House bill, known as H. B. No. 1, a hill to }lrovide for futme employment of felony and miRdemeanor convicts. The following message was received from the House, through J\Ir. Boifeuillet, the Clerk thereof. Mr. President: The House requests the Senate, to appoint a conference committee on House bill No. 1 and has appointed, as members on the part of the House the following: :Messrs. H,?lder, Jones, of :Meriwether; Price of Oconee. The following message was received from the House, through ::\Ir. Boifeuillet, the Clerk thereof. Mr. PTesident: On account of physical disability Mr. Price of FRIDAY, SEPTEMBER 4, 1908. 137 Oconee requested to be relieved from service as a member of the Conference Committee on House bill ~o. 1 and I\Ir. Dunbar of Richmond has been appointed in his place. Mr. Steed moved that a Conferenee Committee be appointed to consider with the House Committee, the disagreement of the two Houses, on House bill Xo. 1. ::\Ir. Felder moved as a substitute that the Senate insist upon its substitute to the bill and refuse to nppoint a Conference Committee. Upon the substitute the ayes and nays were ordered and the vote was as follows: '1'hose voting in the affirmative were Messrs.- Born, Boyd, Br&ntley, Camp, Cowart, Dobbs, FaTnier, I'elder, Felts, H cnderson of l:"ith, Henderson of 39th, Hudson, Hughes, Lashley, :Martin, 1\Iattox, Peaeoek, Stapleton, Stephens, Turner, Walden, walker, Whaley, \Yilkes, Williford, Those voting in the negative were Messrs.- Brock, Crittenden, Gordy, Griffin, Hardman, Hayes, Howard, .Johnson. Kuigbt. .JocRNAL oF THE SEXATE. Stel'd, Sikes, Taylor. Those not Yoting were .Messrs.- J\kin, Bush, ll<.'C'Il, lla"-"" Onrstret>t, ~Ir. Presi(knt. The substitute was adopted. The foll(nnng message \Yas received from the House, through :\Ir. Boifeuillet, the Clerk thereof. 1llr. Presidc11t: rrhe House insists on its disagreement to Senate substitute for House Bill Ko. 1. The following Resolution was introdueed and read, to-wit: By Mr. Williford- Resolved by the Senate, that the Senate inform the House that the Senate is ready to appoint a Conference Committee upon the Holder bill and substitute proYided that no bill, substitute or measu:re be prepared by this committee which does not, 1st abolish the present lease system on March :-31st, 1909. FRIDAY, SEPTEMBER 4, 1908. 139 2nd put the convietf; to work upon the publie roads, drainage, puhlie works, farms. Pending discussion the hour of 1 o'clock having arrived the Rennte adjourned until 3 o'clock p.m. ~l'he Senate reconvened at 3 o'clock p. m. \ Upon motion the call of the roII was dispense~} with. The Sennte took up the unfinished lmsiness of the morning session, to-wit: .A Resolution by Mr. Williford. l\fr. F'armer offered n substitute to the Resolution. 1'he suhHtitute is as follows, to-wit: Resolved, that the House be informed that the Senate is read~ to appoint a Conference Committee to consider House hilf Ko. 1 and the Senate substitute for smne. Resolved, 2nd, That it is the sense of the Senate that the members of the Conference Committee appointed by the Senate should at all times urge the settlement of the differences between the two houses upon the basis, 1st of abolishing the lease March 31, 140 .Toc:RNAL OF THE SENATE. 1909. ~nd working the felony convicts upon t public roads or other public works, drainage, farr Dpon the adoption of the substitute the ayes a nays were ordered. The vote was as follows: 'l'hose voting in the affirmative were :Messrs.- Cowart, Farmer, Felder, Henderson of 39th, Hudson, Hughes, Lashley, ::\Iattox, Peacock, Stapleton, \\'alden, \\'haley, Wilkes, Those voting in the negative were ~Iessrs.- Akin, Born, Boyd, Brock, Camp, Crittenden, Dobbs, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Howard, .Johnson, Knight, :Martin, Steed, Stephens. Sikes, Taylor, Turner, Walker, \Yeayer, \\'illiford, Those not voting were Messrs.- Brantley, Bush, Deen, Felts, Overstreet, Mr. Pre8idefit, The substitute was lost. , FRIDAY, SEPTEMBER 1908. 141 Upon the adoption of the Resolution the ~yes and nays were called. 'l'he vote \\~as as follmn: 'l'hose voting in the affirmative were :Messrs.- Akin, Born, Boyd, Camp, Cowart, Dobbs, 1-....,arrncr, }'cider, Henderson of l.)th, Hendcrson of :l9th, Hudson, Hughes, Lashley, :\fartin, 1\1 attox, \)Yerstrect, Peacock, Stapleton, St()plwns, 1'untcr, \\'alden, Walker, \\'haley, Wilkes, \\' illiford, 'l'hose voting in the negative were }\fessrs.- Brock, Crittenden, Gordy, Griffin, Hardman. Hawes, Hayes, Howard, .Tohnson, Knight, Steed, Sikes, Taylor, \\' eaYcr, Those not voting were :Messrs.- Brantley, Bush, De en, Felts, :.I'. President, The resolution was adopted. The following message was received from the House through l\Ir. Boifeuillet, the Clerk thereof. .JOL'RNAL OF THE SE~ATE. Mr. Pr~sident: The House has adopted the following resolution, to-wit: .A Resolution, that the Senate be notified that the committee of three members of the House appointed by the Speaker for the purpose of conferring with a committee of the Senate has not been discharged and are read~- to meet a f'Ommittee from the Senate_ :\Ir. Taylor moved that an uninstructed committee of conference be appointed on House bill No_ 1, and substitute thereto. Upon this motion the ayes and nays were ordered_ The vote was as follows: rl'hose voting in the affirmative were Messrs.- Brantley, Brock, Crittenden, Farmer, }'elder, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, ,fohn son, Knight, Lashley, Mattox, Peacocl{, Sta])leton, Steed, Stephens, Sikes, Taylor, Turner, \\'alden, \\" eaYer, \\'haley, FRIDAY, SEPTEMBER 4, 1908. 143 Those voting in the negative were "Jiessrs.- .-\kin, Born, Bo~d, Camp, <"ow art, Dobbs, :\lartin, Onrstred, \\":,lkC'r, \Yilkes. \\"illiford, '11 hose not Yoting were l\lessrs.- L Bush. DeC'n, FC'Its. :\Ir. l'rC'sident, The motion \nts adopted and the President appointed as the Conference Committee on part of the Renate the following Senators, to-wit: "Jiessrs. "JIr, Felts, Gordy, Grifttn, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, .Johnson, Knight, Lashley, Martin, Mattox,. Peacock, Stapleton, Steed, Stephens, Sikes, Taylor, Turner, Walden, Walker, WeaYer, Whaley, Wilkes, Williford, ~{r. President, 'r)wse absent were Messrs.- Boyd, Bush, Decn, (Jyerstreet, The following House bill was taken up for a third reading, to-wit: By Mr. Persons, of Monroe- A bill to create a system of parole or conditional pardons of prisoners, convicted of crime. 158 .JoeRNAL OF THE SENATE. The bill was read the third time and the report of the committee "as agTeed to. Dpon the passage of the bill tl'te ayes were 23 and nays 0. The bill having received the requisite constitutionalmajorit~, was passed as amended. The amendments were as follows: Strike the word "priv:tte" in the :2:2nd line of Section :2. Amend Section 3 in lines 19 and :20 by striking the words ''the maximum time fixed by law as the term of his sentence,'' and insert in lieu thereof the words ''the remainder of his original sentence, time pnrolled may or may not be considered or calculated as a part of the original sentence in the discretion of the Commission,'' and by striking the remainder of said Section. \mend h~ adding a ne" Section immediate]~ pre<>eeding the repealing clause to he approximiately numherecl, to-wit: There sha 11 he established by the Prison Commission, or other proper authorities, a system of grades of behavior for said convicts. rrhe different grades of behavior shall be plainly distinguished by dress or emhlem thereon, so that each convict and all per- 'l'"C"ESDAY, SEPTEMBER 8, 1908. 159 sons coming in contact with any convict may at once be able to determine to which grade of behavior said conYict belongs. Mr. Farmer, Chairman of the Conference Committee on House bill No. 1. and substitute thereto, submitted the following report: Mr. Presideut: Your Committee on Conference, having met a like Committee from the House, and having had under advisement the adjustment of the differences between both branches concerning House bill No. 1, a bill lH'OYiding for the future disposition of the convicts of Georgia, beg leave to report as follows: The Senate recedes from i.ts position in reference to the substitute to the bill proposed, and the House and Senate Committees concur in the following amendments to House hill No.1, to-wit: ~\mend caption of the bill by striking the words ''except through the Prison Commission in lines ten and eleYen. Amend. Section two, by striking the words and figures '' April1, 1909, ''in the fourth line, and inserting in lieu thereof the words and figures '' 3tlarch 31, l~l09. '' 160 ,JOURNAL OF THE SENATE. Amend Section two further by striking the words ''except that contracts beginning Aprillst, 1911, may be made to December 31st, 1911, '' in lines eleven, twelve and thirteen. Amend Section two further by striking the words ''for a period not exceeding three years,'' in lines ten and eleven. Amend Section two further by adding at the end of said Section the words ''or by the exchange of an equal number of convicts.'' Amend Section three by striking all of said Section and inserting in lieu thereof the following: Section 3. Be it further enacted, rrhat in awarding convicts to counties, in excess of their proportion, they shall have the right to have awarded to them as many convicts as they desire upon such terms and conditions as herein set forth, at and for the price of seventy-five ($75.00) dollars per capita per annum, provided that in the event the request by counties should exceed the number of convicts on hand, convicts shall be prorated between those counties making applications for same. Be it further enacted, That after the counties have been provided with convicts as set forth, and if there should remain any convicts undisposed of, then the privileges conferred upon counties herein, shall be TuESDAY, SEPTEMBER 8, 1908. 161 extended to municipalitiM of this State, which shall have the right to hire convicts from the Prison Commission in such numbers as might- be .agreed upon at the price of one hundred ($100.00) per capita per nnnum. Be it further enacted, That after all counties and municipalities have been provided with convicts as herein set forth, the State shall place as many convicts upon the State farm or farms as in the judgment of the said Commissioners it can use and mainbtin. Amend Section four h~T striking a1l of said Section, and inserting in lieu thereof, the following: Section 4. Be it further enacted, That if at any time after the expiration of the time in each year for the filing of requisition for such labor by the county authorities or municipalities -as herein provided, should it appear that there still remain any convicts whose labor will not be used upon the public roads, bridges or other public works by the counties, municipalities or by the State and who should not be confined at the State farm or farms, the Prison Commission may use such remaining convicts in doing contract work upon such terms and conditions and with su'Ch parties as may be agreed upon by the Prison Commission; wl.th the consent and approval of the Governor. 1G2 ,JOURNAL OF THE ~EXATE. Be it further enacted, That at the time any contract is entered into for work under this Section, that the Prison.Commission shall require the partie~ with whom the contract is made to give a good, ~uffi cient and solvent bond payable to the State that they will faithfully pay the amount of the eontrnct price, and for the faithful performance on their part of all the requirements, terms aud conditions of the Jder, Hudson, \\"alker, 'rhose voting in the negative were Messrs.- Born, Brantley, Brock, Crittenden, Farmer, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hughes, Johnson, La~:~hley, ::Vlartin, Peacock, Stapleton, Sterd, ::ltcphcn~:~, Sikes, Taylor, Turner, Walden, Weaver, Whaley, Wilkes, Williford, 'l'UESDAY, SEPTEMBER 8, 1908. 167 Those not yoting were Messrs.- l'o.nl. Bn"h. Deen, Felts, Knight, Mattox, (herstrect, Mr. President, Tl1e motion was lost. }I r. Horn moved that one hundred copies of the Ifolder hill as amended b~- the Conference Com mittee he printed. 'l'he motion was adopted. On motion of ::\1r. Rtephem; the Senate reeon:-;idered its ndion in ordering one hundred copies of thP llolder hill and amendments printed. On motion of Mr. Gord~- it was ordered that no more leave of absences he granted except for provi(lenti al reasons. ( )n motion of Mr. Flynt one hundred cop1es of the report of the ('onference ( 'ommittee on House hill Xo. 1 "ere ordered printed. On motion of :Mr. Farmer one hundred copies of the Holder bill were ordered printed. Cpon motion of Mr. Stephens the Senate paeoek, Stapleton, Stephens, Sikes, Turner, Walker, Wilkes, Williford. 'l'ltose not voting were Messrs.-- Boyd, Bush, Deen, F\lts, Hardman, (hcrst.rect, Mr. President, The resolution was lost. 'rhe following message was rereiverl from the House through Mr. Boifeuillet, the Clerk thereof. Mr. President: The House has adopted the following resolution, to-wit: A resolution, That it is the sense of the House that the amendments recommended in the report of the 172 JOURNAL OF THE SENATE. Conference Committee on House bill No~ 1 shall be agreed to, and that the Senate be notified of this action of the House. Further that said House hill No. J be returned to the Senate with this report. The hour of 1 o'clock having arrived the Senattadjourned until 3 o'clock p. m. The Senate reconvened at 3 o'clock p.m. and was called to order by the President. Upon the call of the roll the following Senators answered to their names : Akin, Born, Boyd, Brantley, Brock, Camp, Cowart, Crittenden, Dobbs, Farmer, Felder, Gordy, Griffin, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, .Johnson, Knight, Lashley, Martin, Mattox, Peacock, Stapleton, Steed, Stephens, Sikes, Taylor, Turner, Walden, \\' alker, \Vea.-er, \\'haley, Wilkes, Williford, Mr. President, rrhose absent were Messrs.- Bush, Deen, l''elts, Hardman, Overstreet, WEDNESDAY, SEPTEMBER 9, 1908. 173 Mr. Born moved to suspend the rules to take up Senate bill No. 3 for a third reading and upon this motion the ayes and nays were called. Those voting in the affirmative were Messrs.- Akin, Born, Camp, Cowart, Dobbs, Felder, Gordy. Henderson of 15th, Henderson of 39th, Hughes, .Johnson, i\Iartin. Stapleton, Stephens, Tmner, \\'alker, Wilkes, \\' illiford, Those voting in the negative were Messrs.- Brock, Crittenden, Hawes, Hayes, Howard, Knight, Lashley, Steed, Taylor, Walden, weaver, \\'haley, Those not voting were Messrs.- Boyd, Brantley, Bush, Deen, Farmer, Felts, Griffin, Hardman, Hudson, Mattox, Overstreet, Peacock, Sikes, i\1:1. President, The requisite two-thirds not having voted m the affirmative the motion was lost. The following message was received from the House through Mr. Boifeuillet, the Clerk thereof. 174 JouRNAL oF THE SENATE. M1". President : The House has passed the following resolution, to-wit: .A resolution, To provide for the finishing up of the business of the extraordinary session of the General Assembly. Also ..A resolution, Providing for the indexing of the Journals of the House and Senate for the extraordinary session of the General Assembly of 1908. :Mr. Knight moved to take up the report of the ( 'onference Committee on House bill No. 1 and substitute. Upon this motion the ayes and nays were ordered. Mr. Akin asked leave to explain his vote and upon this request the ayes and nays were ordered and the vote was as follows: Those voting in the affirmative were Messrs.- Born, Brock, Camp, Cowart, Dobbs, Felder, Henderson of 15th, Henderson of 39th, Howard, . Hughes, .Johnson, Lashley, Martin, Stapleton, Steed, .WEDNESDAY, SEPTEMBER 9, 1908. 175 Stephens, Taylor, Turner, \\"alden, \\'Hiker, \Yca\cr, Whaley, Wilkes, Williford, Those voting m the negative were Messrs.- (lordy, Haw<>s, Hayes. Knijl;ht, Those not Yoting were Messrs.- Akin, Boyd, Brantley. Hush, ( 'rittt>nden. Dt>t>n, }'~anncr, 1-'tlts, Oriffin, Hardman, Hudson, l\fattox, <.herstrcet, Peacock, Sikes, l\fr. President, The request was granted nnd he proceeded to explain his vote. .Jir. Born asked leave to explain his vote, upon this request the nyes and nays were ordered and the vote was as follows: Those voting in the affirrt1ative were :Messrs.- Aldn, Brock, Cowart, Dobbs, Fdder, Henderson of 15th, HPnderson of 39th, Howard, Hudson, Hughes, .Johnson, Lashley, .Martin, Stapleton, l:;teed, Stt>phens, Sikes, Taylor, Turner, WaldEn, Walker, \Veaver, Wilkes, Williford, 176 JouRNAL oF THE SENATE. Those voting- in the neg-ative were ~Iessrs.- Camp, Gordy, Hawes, Hayes, Knight, M&ttox, \\"haley, Those n~t voting were Messrs.- Born, Boyd, Brantley, Bush, Crittenden, De en, Farmer, Pelts, Griffin, Hardman, 0Yerstrect, Peaeock, Mr. President, The request was granted and he proceeded to explain his vote. Pending thP. call of the ayes and nays the following resolution was read and laid oYer uncler the rules, to-wit: By Mr. Knig-ht- A resolution requesting the Governor to adjourn the General Assembly sine die. "Gpon motion the Senate adjourned untillO o'clock tomorrow morning. TRL'"RSDAY, SEPTEMBER 10, 1908. 1J7 T:a:trRSDAY, SEPT. lOth, 1908. The Senate met pursuet to adjournment and was called to ordex by the President. Prayer was offered by the Chaplain. Upon the call of the roll the following Senators nnswered to their names. ~\kin, Horn, Hrantley, Brock, !'amp, Cowart, t 'rittenden, Dobbs, Farmer, hider, Gordy, Uriffin, Hardman, Hawes, Hayes, Hendctsnn of lith, Henderson of 39th, Howard, Hudson, Hughes, .Tohnsou, Knight, Lashley, :\1artin, Mattox, Ieaeock, St.aplctnn, Steed, Stephens, Sikes, Taylor, Tlll'ner, W::lden, Walker, \\'ea,er, Wilkes, Williford, 1>1r. President, Those a~ent were Messrs.- lioyd, Bush, Deen, Felts, 0\erstreet, Whaley, 'l'he ,Journal of wednesday's proceedings was read and confirmed. l 7H The Henate took up tl1e unfinished lmsines:-: ol ~esterday being the en, ~'dts, ()yerstreet, Peacock, \\.haley, ::\fr. l're,idPni, 'l'he request was granted and he proceeder1 to explain his vote. THURSDAY, SEPTEMBER 10, 1908. 179 lJpon Mr. Knight's motion the vote was as follows: Those Yoting in the affirmative were Messrs.- Brantley, Brock, CrittPndcn. Farmer, Gordy, Uriffin, Hardman, II awes, Hayes, IIoward, Knight, Steed, Ta~lor. \\' tlden, \\' e~l\'cr, Those voting in the negative w~re ~iessrs.- AI< in, Born, Camp, Cowart, Dobbs, FcldE'r, Henderson of 15th, Hf'lHlerson of 39th, Hnilson, Hughes, .Johnson, Lashley, :V1artin, Mnttox, Stapleton, Stephens, Sikes, Turner, \\'alkcr, wilkes, \\'illiford, Those not voting were ::Hessrs.- Boyd, Bush, Deen, F'clts, 0Yerstreet, Peacock, \\'h!tlE'y, ::\1:r. PresidE'lJt, 'l'he motion was lost. .:\Ir. Knight moYed to take up the following resolution. A resolution calling upon the Governor to adjourn the extraordinary session of the General Assembly. 180 JOURNAL OF THE SE)l"ATE. Mr. Felder moved to table the resolution and upon this motion the ayes and nays were ordered. The vote was as follows: Those voting in the affirmative were Messrs.- Akin, Born, Camp, Cowart, Dobbs, Felder, Hardman, Henderson of 15th, Henderson of 39th, Hudson, Hughes, Johnson, Lashley, Martin, Mattox, Peacock, Stapleton, Stephens, Sikes, Turner, Walker, Wilkes, Williford, Those voting in the negative were Messrs.- Brantley, Brock, Crittenden, Farmer, Gordy, Griffin, Hawes, Hayes, Howard, Knight, Steed, Ta:dor, Walden, \Yean'I'. Those not voting were Messrs.- Boyd, Bush, Deen, Felts, Overstreet, \\"haley, The motion was adopted. ~ir. President, Mr. Felder moved to suspend the rules to take ur Senate bill No. 3 for a third reading. Upon thi~ motion the ayes and nays were ordered and the votE was as follows: THURSDAY, SEPTEMBER 10, 1908. 181 Those voting in the affirmative were Messrs.- Akin, Born, Brantley, Camp, Cowart, Dobbs, Felder, Hardman, Henderson of 15th, Henderson of 39th, Hudson, Hughes, Johnson, Lashley; :VIartin, 1\:Iattox, Peacock, Stapleton, Stephens, Sikes, Tu:r-ner, Walker, Wilkes, Williford, Those voting in the negative were Messrs.- Brock, Crittenden, Farmer, Gordy, Grif:fin, Hawes, Hayes, Howard, Knight, Steed, 'l'aylor, Walden, Weaver, Those not voting were Messrs.- Boyd, Bush, Deen, Felts, 0Ycrstreet, Whaley, ~{r. President, The nece~~ary two-thirds not having voted in fnvor of the motion, it was declared lost. 'rhe President announced that under the next order of business, the report of the Conference Committee upon House bill No. 1 was in order. Mr. Felder moved to table the report and upon this motion the ayes and n'ays were ordered. 182 .TO"l'RNAL OF TH~~ SENATE. Pending this vote Mr. Knight moved that the Senate adjourn until 9 :15 o'clock tomor-row morning. Pending discussion upon this motion the hour of 1 o'clock having arrived the Senate adjourned until 3 o'rlock p.m. The Senate 1:econvened at 3 o'clock p. m. and was ~alled to order by the President. Upon the call of the roll the following :-lenators answered to their names. Aldn, Born, Brantley, Broek, <'amp, Cowart, ('rittPnrlen, Dobbs, Farmer, Fc>ldC'r, Gordy, nrif:fin, Harrlman, Hawes, Hayes, Henderson of l ;)th, Henderson of ~9th, Howard, Hudson, Hughes, Johnson, Knight, Lashley, :\'fartin, )1attcx, Pearork, Stapleton, i':iteed, Stephens, Sikes, 'ray lor. Turner, Walden, Walker, \\'eaYer, Wilke-~, Williford, Mr. President, 'l'hose absent were Messrs.- Boyd, Bush, De en, Felts, 0Yerstreet, \\'haley, TH"CHSDAY' ~EPTEMBER 10, 1908. 183 '!'he Senate took up the unfinished business of the u10ming's session, to-wit: "'~motion by Mr. Knight that the ~ennte adjourn until ~ :15 o'cloek tomorrow morn mg. Pending discussion upon this motion the hour of ;} o'cloek haYing arrived the Senate adjourned until 10 o 'cloek tomorrow morning. 184 JOURNAL OF THE SEN ATE. SENATE CHAMBER, ATLANTA, GA. FRIDAY, SEPT. 11th, 1908. The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order by the President. Prayer was offered by the Chaplain. L'"pon the call of the roll the following members answered to .their names. Akin, Born, Brock. Camp, Crittenden. Dobbs, Farmer, FPlder, Gord~, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, H!nderson of 39th, Howard, Hudson, Hughes, .Johnson, Knight, Lashley, :!\fartin, :!\fattox, 0Yerstreet, Peacock, Stapleton, Steed, Stephens, Taylor, Turner, \Yalden, \\'alker, \Ye:wer, Wilkes, Williford, Mr. Presidellt, Those absent were l\fessrs.- Boyd, Brantley, Bush, Cowart, Deen, Felts, Sikes, \\'haley, FRIDAY, SEPTEMBER 11, 1908. 185 l\fr. \Vaiden rose to a question of personal privilege. Messrs. Cowart and \Vhaley were granted leave of absence for today. :Jfr. Akin moved to suspend the rules and take up Senate bill No. 5, known as the Born bill. )1r. Knight moved as a substitute that the report of the Conference Committee be taken up', and upon thiR motion the ayeR and nays were ordered. The vote was as follows: 'l'hoRe voting in the affirmative were "Messrs.- Brork. Crittenden, Farmer, Gordy, Griffin, Hardman, Hawes, Ha.ves, Howa1d, Knight, Steed, Taylor, Walde-n, " ' E'U \'CT, rrhose voting in the negative were :Messrs.- Akin, Born, f'nmp, Dobbs, Felder, Henderson of 15th, Henderson of 39th, Hudson, Hughes, ,Johnson, Lashley, Martin, Mattox, Overstreet, Peacock, Stapleton, Stephens, Turner, Walker, Wilkes, Williford, lt\G Jo-uRXAL oF THE SEXATE. Those not voting were Messrs.- Boyd, Brantley, Bush, Cowart, Deen, Felts, Sikes, \\"halp~. :\1r. President, ThP substitute was lost. 1!pon the adoption of the motion of :'II r. "\ ki1 ayes and nays were ordered nnd tl1e vote was a~ lmn;: Those voting in the affirmative WPl'P :'II essrs.- ,\kin, Born, Camp. Dohhs, F<'ly. Bush. C'owart, DP!'Il, lo'tlt~. Sikes. \\' ba]p~-. Mr. President. The motion not hmi11g rereiYPd the requisite twothirds vote it was lost. The reading of the .Tournal was dispensed \Yith. The .Tournal \Vas C'onfirmed. The President ruled that the unfinished business of Tlnu;;;dny's session was in order, being the motion to take up the report of the Conference ('ommittee on House hill ~o 1, together with the motion to la~ the motion on the table. -:\lr. Stephens offered the following resolution, towit: A resolution providing that debate on all subjects and matters be limited to ten minutes to each speaker. }[r. Felder called for the previous question on the resolution. Mr. Knight moved to adjourn until 9:15 o'clock tomorrow morning-and on this the point of order was made that the motion was not in order after the call for the previous question. 188 JouRNAL OF THE SENATE. The President ruled the point of order not wel taken. :Jir. Felder appealed from the decision of the chai1 and addressed the Senate upon the appeal. Upon the question shall the decision of the chai1 be sustained, the ayes and nays were ordered, an( the vote was as follows: Those voting in the affirmative were :J[essrs.- Born, Brantley, Brock, Crittenden, Farmer, Gordy, Griffin, Hawes, Hayes, Howard, .Johnson, Knight, Lashley, Steed, Taylor, \\'alden, \Yeaver, 'l'hose voting m the negative were j[essrs.- Akin, Camp, Dobbs, Jo,elder, Hardman, Henderson of 15th, Henderson of 39th, Hudson, Hughes, :\fartin, :Mattox, Overstreet, Peacock, Stapleton, Stephens, Tnrner, 1\.alker, Wilkes, \Y i l l i f o r d , 'l'hose not voting were Messrs.- Boyd, Bush, Cowart, Deen, Felts, Sikes, \\'haley, Mr. President, FRIDAY, SEPTEMBER 11, 1908. 189 'rhe decision of the chair was overruled, and the appeal was sustained. Mr. Taylor moved to adjourn and upon this motion the ayes and nays were ordered. The vote was as follows: 'rhose voting in the affirmative were 2'\fessrs.- Brock, Crittenden, Gordy, Griffin, Hawes, Haye~, Howard. Knight, Steed, 'l'aylor, Walden, \Yeaver, Those voting in the negative were ::\iessrs.- Akin, Born, Camp, Dobbs, Farmer, Felder, Hardman, Henderson of 15th, Henderson of 39th, Hudson, Hughes, .Johnson, Lashley, J\Iartin, Mattox, 0Yerstreet, Peacock, Stapleton, StPpllcns, rrurner, \Valker, Wilkes, \Yilliford, Those not voting were Messrs.- Boyd, Brantley, Bush, Cowart, Deen, Felts, Sikes, \\'haley, :Mr. President, The motion was lost. l!lO .JouRxAL m' THE SExATE. l~pon the resolution <)f Mr. Stephens the previo question was called for and the main questi' ordered. The a~es and nays were ordered upon the resol tion and the vote was as follows: Those voting in the affirmative were :Messrs.- Akin, Brantley, Brock, Camp, Dobbs, Felder, Goray, Hardman, HPnderson of 15th, HPnderson of 39th, Hndson, Hughes, .Johnson, Lashley, :Hartin, ?If attox, OYcrstrePt, PPacock, StaplPton, Stephens, rrnrncr, 1\"alkPr, Wilkes, Williford, Those voting in the negative were ::\Iessrs.- Born, ( 'rittenden, Farmer, Griffin, Hawes, Hayes, Howard, Knight, Steed, Taylor, Waldc,n, \\" eaYer, Those not voting were Messrs.- Boyd, Bush, Cowart., De en, Felts, Sikes, \\"haley, ~Ir. President. The resolution was adopted. _F'RIDAY, SEPTEMBER 11, 1908. 191 l r poll the motion to table the report of the ('onferPll('e ( 'ommittee the ayes and wt~s \Yere ordered. ThP ,ote \\"<'n, FPlro, Sikes, Whaley, Mr. President, 196 JOURNAL OF THE SENATE. The previous questiol! was ordered. Upon the question shall the nwm question be put the ayes annderson of 15th, Ifendcrson of 39th, Hudson, Knight, :\Iartin, l\[attox, :-;tapleton, ::ltcC'tl, :::ltcplwns, ~ikl'S, Taylor, TnrnPr, Walker, \\'halPy, \\'illiford, '!'hose voting in the negative were ::\lesRrs.- Crittenden, Those not voting were ::\[essrs.- Hrantley, Camp, Cowart, Farmer, Griffin, Jfawes, Howard, Hughes, .Johnson, Lashley, (hcrstreet, Pearock, \\'alden, \\'canr, \\' ilkes, l\Ir. l'rcsidC'n t, 'l'he motion was adopted, and the hi II ww.: takPll up. ::\[essrs. Martin, Akin, Co\\'art, Dobbs, !<'elder, Henderson, 15th district, Henderson, 39th district, Hudson, Hughes, Johnson, Mattox, Stapleton, Stephens, Sikes, Turner, \Vilkes, vVilliford, \Valker, Camp, Lashley, Brantley, Peacock, Deen, vVhaley, Boyd, Felts, and Bush, offered a substitute, to the foregoing bill. MoNDAY, SEPTEMBER 14, 1008. :205 }fr. Born offered a substitute to the foregoing hi 11. One hundred <'Oples of eaeh of the ahove substitutes \Vere ordered printed for the use of the Senate. }f r. Steed of :17th district offered the following resolution \\hirh was adopted. W'hereas, the sad intelligence of the death of Dr. H. II. Smith, father of Governor Hoke Smith, has reached the Senate. Be it therefore resolved, That the s:mpath) of this body is hereb: tendered our chief ExecutiYe in this hour of his great grief, and that out of respect to the deceased and to Governor Smith the Senate stands adjourned till 3 o'clock this p. Ill. In accordan<'e with the above resolution the Senate adjourned until ;) o'clock p.m. The Senate reconvened at 3 o'clock p. 111. and was called to order hy the President. 1'pon motion the roll-call was dispensed with. The following message was received from the House, through ~Ir. Boifeuillet, the Clerk thereof. 206 JOUR~AL OF THE SE~ATE. Mr. President: 'l'he House has adopted the following resolution, to-wit. A resolution, tendering the sympathy of the General Assembly to the Governor in the death of hi~ father, Dr. H. H. Smith. The following House resolution was taken up nnd concurred in, to-wit: By Messrs. Candler, Tyson and Holder. A resolution tendering the sympathy of the General Assembly to the Governor in the death of his father, Dr. H. H. Smith. upon motion of :Mr. Stephens the ~enate adjourned until 10 o'clock tomorrow morning. 'l''..JESDAY, SEPTEMBER 15, 1908. 207 SENATE CHAMBER, ATLAXTA, GA. TuESDAY, SEPT. 15th, 1008. The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order hy the President. Prayer was offered by the Chaplain. Upon the call of the roll the following members answered to their names. Akin, Born, Boyd, Brock, Bush, Camp, Crittenden, Deen, Dobbs, Felder, Felts, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Howard, Huason, Hughes, Johnson, Knight, Martin, J\Iattox, Peacock, Stapleton, Steed, Stephens, Sikes, Taylor, Turner, \Vaiden, Walker, Whaley, Wilkes, williford, Mr. President, Those absent were Messrs.- Brantley, Cowart, Farmer, Henderson of 39th, Lashley, Oversureet, \YeaYer, 208 J OURXAL OF THE SEXATE. The Journal of Monday's proceedings was read and confirmed. The Senate took up the unfinished business of yesterday's session, to-wit: By 1\Ir. Born- A bill to amend an Act to create a Prison Commission and to provide for the disposition of certain felony convicts and for other purposes. ~fessrs. Gordy and Crittenden offered a substitute to the bill. Mr. Gordy called for the prev10us question on the bill and substitutes. The call was sustained and the main question ordered. The substitute by Messrs. Gordy and Crittenden was first considered and upon its adoption the ayes and nays were ordered. The vote was as follows: Those voting in the affirmative were Messrs.- Brock, Crittenden, Gordy, Griffin, Hawes, Hayes, Knight, Steed, Taylor, Those voting in the negative were Messrs.- Akin, Born, Boyd, Bush, Camp, Deen, Dobbs, Felder, Felts, TUESDAY, SEPTEMBER 15, 1908. 209 Hardman, Henderson of 15th, Howard, Hudson, Hughes, .Johnson, Ma1tin, Mattox, Peacock, Stapleton, Stephens, Sikes, Turner, Walden, Walker, Whaley, Wilkes, Williford, Those not voting were Messrs.- Brantley, Cowart, Farmer, Henderson of 39th, Lashley, Overstreet, weaver, Mr. President, The substitute was lost. The substitute offered by Mr. Born on yesterday was next considered and upon its adoption the ayes and nays were ordered. The vote was as follows : Those voting in the affirmative were Messrs.- Born, Brock, Crittenden, Felts, Gordy, Griffin, Hardman, Hawes, Hayes, Howard, Knight, Steed, Taylor, Walden, 'fhose voting in the negative were Messrs.- Akin, Boyd, Bush, Camp, Deen, Dobbs, ~]() Pcldcr, Henderson of 15th, llmlson, Hughes, .Johnson, ::\fartin, :Yiattox, l'eaeock, Stapleton. StephPns, SikC's, rruruer, Walker, \\'haley, Wilkes, \\'illiforr Deen, Dobbs, Felder, Felts, Uanlman, Henderson of 15th, Hudson, Hughes, .Johnsnn, )[arlin, )fauox, l>eaeook, Stapleton. Stephens, Sikes, Turner, Walden, Walker, Whaley, Wilkes, Williford, ~l 1 'l'ho~e '\'oting in the negative were llessrs.- Horn, ' Broek, t'rittenden, t"'lore<"tfull~ suhmittPd, \\'.. ('. ::\fAwr1x, Aeting Chairman. On motion 'of 1Ir. 'faylor the Heu'ate adjounll'lt ulltiJ 10 o'clock tomonow mornmg. \', -I ' . I:: 1- . ' '~ i . ;., ' '. \.'- - .. . SENATE CHAMBER, ~~TLAN"TA, GA. vVEnNESDAY, SgPT. 16th, 190H. The Senate met pursuant to adjournment and "as called to order by the President. Prayer was offered by the Chaplain. Cpon the call of the roll the following member~ answered to their names. Akin, Born, Boyd, Brantley, Broek, nus h. t 'cunp, <'rittenden, lleen, Dobbs, t,anner, Felder, FPits. ( ~ orcly, (;riffin, Hardman, ]!awes, Hayes, Jlt'IHIPI'HOII of l.Jth. llt>naeod<. ~tapleton, ~teed, Stephens, ~ikes, Taylor, rl,nrncr, \\'alden, \\'alker, \\"eaYer, Whaley. \\'ilkes, \\'i1liford, ?lfr. Prcsidpnt, Thm.:e absent were :\lesSl's.- ( 'owart, The .J ouma I of 'L'ue:-;day 's proceedings was read ;md eonfinned.. 216 The following House resolution was taken up nnd concurred in, as amended, to-wit: By Mr. Candler of DeKalh- A resolution providing for indexing the .Journal:-; of the House and Senate for extraordinary sessron of 1908. rrhe amendment was as follow:-;: Strike the name Guerry Brannon and insert m lieu thereof the name of Charles F. Rice. UpGn motion of Mr. :B-,elder the Senate adjourned until 10 o'clock tomorrow morning. THURSDAY, SEPTEMBER 17, 1908. 217 SENATE CHAMBER, ATLANTA, GA. THURSDAY, SEPT. 17th, 1908. The Senate met pursuant to adjournment at 10 o'clock a. m. and 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. Akin, Boyd, Brantley, Brock, Bush, Camp, Crittenden, Deen, Dobbs, Felder, Felts, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hudson, Hughes, Johnson, Knight, Martin, Mattox, Peacoek, Stapleton, Steed, Stephens, Sikes, 'raylor, Turner, Walden, Walker, \\'eaver, \Yhaley, Wilkes, Williford, l\Ir. President, Those absent were Messrs.- Born, ('owart, Farmer,. Lashley, Overstreet, The Journal of vVednesday was read and con- firmed. ~18 Jo"C"RKAL OF THE t\EKATE. The following message wat; received from the House. through Mr. Boifeuillet, the Clerk thereof. Jfr. President: The House has adopted tl1e follmving nsolntion, to-wit: A resolution, That it is the sem;e of the peopiP of Georgia that Hon. Joseph B. Cummings should be appointed Commissioner of the National Park at ( 'hicamauga. '!'he following House resolution was taken up a11d adopterl by a nsmg vote. B~ :\Jr. \Yright, of Richmond- ..:\ resolution that it is the sense of the people of Oeorgia that Hon. Jofi. B. Cummings should hr' nsent of the ~en ate, that l\h:. Dobbs be added to tlie membership of the Enrollment ( 'onunittee whieh \vas granted and he was so added. The following Honse resolution was taken up an(l concurred in, to-wit: By :\Ir. Parker, of 'l'albot- A resolution to provide for finishing up of the hm;iness of the extraordimuy session of the General Assembly. The following message was reeeived from the House, through Mr. Boifeuillet, the Clerk thereof. FRIDAY, SEPTEMBER ]8, 190H. :Z:2:~ Jlr. President: 'l'he House has passed by the requisite Constitutional majority the following bill of the Senate by substitute, to-wit: .A bill, To provide for the future employment of felony and misdemeanor convicts upon the public roads of the several counties of the State, except certain classes and for other purposes. The Senate took up the following Senate bill for the purpose of acting upon the substitute of the House thereto, to-wit: B~- Mr. Born- A bill to provide for the future employment of felony and misdemeanor male convicts upon the public roads and for other purposes. Mr. Felder moved that one hundred copies of the substitute be printed for the use of the Senate. Upon this motion Mr. Hays called the ayes and nays and the vote was as follows: Those voting in the affirmative were J'v[essrs.- Akin, horn, ('amp, ~'elder, IIndson, Sikf's, Taylor, \\"alkcr, Those voting in the negative were ~1essrs.- Boyd, Brantley, Brock, Bush, Crittenden, Dobbs, Gordy, Griffin, Hardman, Hawes, Hayes, Henderson of 15th, Henderson of 39th, Howard, Hughes, .Johnson, Knight, Martin, Mattox, Stapleton, Steed, Stephens, Turner, Walden, Weaver, Whaley, Wilkes, Williford, Those not voting were Messrs.- Co~vart, Dcen, I<'armcr, Pelts, Lashley, Overstreet, Peacock, 2\[r. President. 'l'he motion was declared lost. Upon motion of Mr. Steed, the substitute wa: considered by Sections. Section 1 was adopted. Mr. Akin offered the following amendment to Sec tion 2 which was adopted, to-wit: Amend Section 2, by striking out the sentence u FRIDAY, SEPTEMBER 18, 1908. 225 Jines 18, 19, and 20, page 3 of printed bill begi.nning with word "this" in 18th line and ending with word."works" in 20th line. Section 2 was adopted as amended. Mr. Akin offered the following amendment to Section 3 which was adopted, to-wit: Strike the word "may" after the word "commission" and before the word ''as'' and insert in lieu thereof the word "shall." Section 3 was adopted as amended. :Mr. Steed offered the following amendment, towit: Amend by striking Sections 4 and 5 and substituting the following, to-wit: SEc. 4. Be it further enacted, That in awarding convicts to counties, in excess of their proportion, they shall have the right to have awarded to them as many convicts as they desire upon such terms and conditions as herein set forth, at and for the price of seventy-five ($75.00) dollars per capita per annum, provided, that in the event the request by counties should exceed the number of convicts on hand, convicts shall be prorated between those counties making application for same. 226 . JOURNAL OF THE SENATE. Upon the adoption of the above amendment the ayes and nays were called. The vote was as follows: Those voting in the affirmative were Messrs.- Born, Brock, Bush, Gordy, Griffin, Hardman, Hawes, Hayes, Howard, Knight, Steed, Taylor, Walden, Weaver, Those voting in the negative were Messrs.- Akin, Boyd, Brantley, Camp, Crittenden, Dobbs, Felder, Henderson of 15th, Henderson of 39th, Hudson, Hughes, Martin, ::\iattox, Stapleton, Stephens, Sikes, Turner, Walker, Whaley, Wilkes, vVilliford, Those not voting were Messrs.- Cowart, De en, Farmer, Felts, Johnson, Lashley, Overstreet, Peacock, Mr. President, The amendment was lost. Section 4 was adopted. Mr. Boyd offered the following amendment, towit: FRIDAY, SEPTEMBER 18, 1908. 227 Amend Section 5 by adding thereto: ''It is also enacted that the Prison Commission in its discretion is authorized out of any funds on hand or which may be on hand appropriated for the maintenance of the penitentiary system of the State or which may hereafter be so appropriated, to organize three road working squads each of not less than one hundred able-bodied convicts, and to provide any necessary outfit and equipment and to lay out and construct with the labor of said convicts main thoroughfares from point to point in the State as the Prison Commission may determine or to improve any such thoroughfares already existing, provided that one of said squads shall be worked in the southern part of the State, one in the middle part and one in the northern part of the State. For the purpose of laying out said roads or relocating any already existing, said Commission shall be authorized in the name of the State to condemn all necessary rights of way or land or road material under the provisions of the law for condemning land or easements for public purposes and to pay the amount assessed in such proceedings, provided!, said Commission may decline after the assessment to proceed with the condemnation if in their judgment the amount assessed for compensation is excessive. Upon the adoption of the above amendment the ayes and nays were ordered and the vote was as follows: 228 JouR~AL oF THE SExATE. 'rhose voting in the affirmative were .Messrs.- Akin, Born, Royd, Camp, Henders'on of 39th, Hudson, ~Im-tin, }fattox, Walker, \\'illifc:ml, '!'hose Yoting in the negative were jless1;s.- Brantley, Brock, Bush, Crittenden, Felder, Gordy, Griffin, Hardman, Ha~es, Hayes, Henderson of 15th, Howard, Hughes, Knight, Htaplcton, Steed, 8tcphens, Sikes, Taylor, 'fnrne1, \\'alden, \\'ca,er, \\'haley, \\'ilkcs, Those not voting were Messrs.- Cowart, Deen, Dobbs, Farmer, Felts, .Johnson; Lashley, o,erstreet, l'eaeoek, ~:Ir. President, 'l'he amendment was lost. Section 5 was adopted. .i\Ir. Akin offered the following amendm to-wit: Amend by striking Section 6 and number remaining Sections accordingly. FRIDAY, SEPTEMBER 18, 1908. 229 1_;"pon this amendment, the ayes and nays were m;dered and the vote was as follows: "\ k i 11, l>ohbs, Fclr a violation of the laws of the State. 3. Because under this Section the authorities in charge, if they so desire, can continue the present disgraceful method of working convicts. 4. Because under, and by the authority of this Section, the authorities may, in their discretion, farm out or lease convicts, in preference to placing them on the State Farm, or in lieu of renting or leasing farms for that purpose. 5. Because under the authority of Haid Section, the authorities are given the right to place convicts SATURDAY, SEPTEMBER 19, 1908. 249 in direct competition with free labor, excepting only ''skilled mechanical labor,'' and thereby discriminates unjustly, by solemn enactment by the law-making power of the State, in favor of the more fortunate laborer, who has happened to have better opportunities to prepare himself for the duties of life and against the farmer and the poor fellow who has been so unfortunate as not to be getting a good price for his labor because forsooth, he is not a ''skilled laborer.'' l mo::;t heartily concur in the foregoing protest offered by the Senator of the 39th, and desire to add my protest against the adoption of Section 7, of said bill. Q. L. WILLIFORD, 28th district. I most heartily concur in the foregoing protest offered by the Senator of the 39th and desire to add my protest against the adoption of Section 7, of said bill. J. A . T. HENDERSON, of 15th district. The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the Senate amend- ments to the House substitute to the following bill of th Senate, to-wit: 250 JouRNAL oF THE SEXATE. A bill to provide for the future employment of felony and misdemeanor convicts upon the public roads and for other purposes. ~Ir. Gordy, Vice-Chairman of the Committee on J1:::nrollment, submitted the following report: J/ r. President: The Committee on Enrollment report as duly enrolled and ready for the signature of the President of the Senate and Speaker of the House of Representatives the following Act, to-wit: An ~-\ct to provide for the future employment of felony and misdemeanor male convicts upon the publir roads of the several counties of the State and for other purposes. Respectfully submitted, F. M. GoRDY, Vice-Chairman. ::Hr. Gordy, Vice-Chairman of the Committee on Enrollment, submitted the following report: Mr. President: 'rhe Committee on Enrollment report as duly sign- ed by the President of the Senate and Speaker of the House of Representatives and delivered to the Governor the following Act, to-wit: SATURDAY, SEPTEMBER 1D, 1908. 251 An Act to provide for the future employment of felony and misdemeanor male convicts upon the public roads of the several counties of the State and for other purposes. Respectfull~ submitted, F. M. GoRDY, Vice-Chairman. The following communication was read: State of Georgia, Executive Department. ATLANTA, September 18, 1908. Hon. J. J. Flynt, President of the Senate, Atlanta, Georgia. Dear Sir: I have receiYed the resolution passed by the Sen- ate last Monday when my father died. Please allow me to thank you and the members of the Senate for the honor paid to him and the kind- ness to me. I assure ~-ou that your action is fully appreciated. Very sincerely, HoKE SMITH. Cnder a joint resolution previously adopted in reference to the extension of the \V. & A. R. R. to the sea, the President appointed the following as the Committee on part of the Senate: ~fessrs. Howard and Brantley. 252 JouRNAL oF THE SENATE. The following Resolution was adopted: By Mr. williford- 11e~olved b~- the Senate, That the heartiest thanks of this bodr and of the 'individual members thereof, be extended to the messenger of this bod~-, ~~ r. Fl~nn Hargett, for the faithful, attentive and kind service he ha~ giyen this body, and each member thereof, during the sesion~ of 1908. Also, Resolved, That the thanks of this body be extended to Mr. L. \V. Reeves, doorkeeper of the Senate, and Ron. C. S. Xorthen, Secretary of the Senate, for their faithful and attentive services as officers of this body during the sessions of 1908. 'l'he following message was received from the House, through :Mr. Boifeuillet, the Clerk thereof: Jl r. President: 'l'he Speaker has appointed the following as mem- bers of the Commission on the vVestern and Atlantic Hailroacl, under provisions of House Resolution No. 9: ::\Iessrs. Alexander, Hall and Fullbright. The following Resolution was adopted to-wit: S_-\TTJRDAY, 8EPTE:\1BER 10, 1008. :!;);) B.' .}[r. Felder- Resolved b~ the Senate, the House concurring, That His Excellency, the Governor, be notified that tl1e General Assembly has completed its duties and is read~ to adjourn sine die, and that a joint Committee he appointed to so notify the Governor. The President appointed .}fessrs. Felder and Gord~ as members of the Committee on part of the Renate. The following message was received from the Honse, through Mr. Boifeuillet, the Clerk thereof: lJ1r. President: 'l'he Rouse has concurred in the following joint resolution of the Senate: A resolution to appoint a committee to notif3r the Governor that the General Assembly has completed its duties and is now ready to adjourn sine die. The House has appointed under said resolution the followim?; members: )fessrs. Alexander, Watkins, Cook, of Thomas. :Mr. Felder, Chairman of the Committee on part of the Senate to wait on His Excellency, the Governor, and inform him that the General Assembly 254 JOURNAL OF THE SENATE. was ready to adjourn sine die, reported for said Committee that they had performed their duties. The following resolution was read and adopted: By Mr. Steed- That the Secretary of the Senate notify the House that the Senate has finished all business before it, and is ready to adjourn sine die. The following message was received from the House, through :Mr. Boifeuillet, the Clerk thereof: Mr. President: The House has concurred in the following joint resolution of the Senate: A Resolution providing that the General Assembly do now adjourn sine die. The President declared the Senate adjourned sine die. INDEX TO THE SENATE JOURNAL .. OR THE EXTRAORDINARY SESSION 1908 INDEX. SENATE BILLS. ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 APPEAL . .. .. .. .. .... .. .. .. .. .. .... .. .. ... .. . . .. .. .. . 188 COMruiTTTEE&-CONFERENCE-APPOINTMENT- Appointment of conference committee upon House Bill :No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 137 138 142 147 150 154 COMMITTEE-EXTENSION IV. & A. R. R.- Appointment of special committee on extension of W. A. R. to the sea .... 251 252 & R. o o o o o o o 0 0 0 0 0 0 0 0 0 0 o0 0 COMMITTEE&-SPECIAL-REPORT&- Report of committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session 0 0 0 o o o o o o o o 0 0 0 0 0 o o 0 o o o 9 Report of joint committee on investigation of the prison department 0 0 0 0 0 0 0 0 0 0 o o o o o o o o 0 0 0 0 0 0 0 0 0 o o 18 Report of examination of books and records of the prison commission, State farm and reformatory 0 0 0 64 Report of receipts and disbursements of prison com- mission 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 o o o o o 0 0 77 79 80 81 Report of conference committee upon House Bill No.1 146 149 153 159 169 174 178 181 185~87 191 197 200 258 JouRNAL oF THE SENATE. Hcport of committee appointed to inform His Excel- lency, the GoYCrnor, that the General Assembly had completed its duties and was ready to adjourn sine die . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2;13 CONVJCT8- A bill to provide for the disposition of certain felony convicts .... 82 85 88 92 98 102 103 108 122 124 1~6 154 156 173 180 185 199 203 208 223 234 247 249 230 A bill to provide for abolition of the convict lease system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 85 CIIILDREN-DEPENDEN'r AND DELINQUENT- A bill to provide for the treatment and control of dependent and delinquent children. . . . . . . . . . . . . . 85 88 COl\1MITTEE8-STANDIKG-REPORT8- Report of committee on engrossing .. - . . . . . . . . . . . . . 126 213 Report of committee on enrollment . . . . . . . . . . . . . . . . . 250 Report of committee on general judiciary . . . . . . . . . . 103 135 Report of committee on penitentiary ....... __ 87 91 100 156 Report of committee on temperance ......... : . . . . . . 134 Report of committee on W. & A. R. R.............. 133 COMMUNICATION- From Governor Hoke Smith, acknowledging receipt of resolutions of the Senate upon the death of his father, Dr. H. H. Smith........................ 251 MESSAGE8-EXECUTIVE- 9 10 INDEX. 259 MESSAGES-HOUSE OF REPRESENTATIVES- 8 96 97 126 131 136 141 147 150 153 169 171 173 205 218 221 222 249 252 253 254 PETITIONS- From State Federation of Labor relative to leasing of convicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 I'rom Farmers' Union of Lowndes county relative to leasing of convicts............................ 213 l'rom various citizens of Atlanta urging the General Assembly to abolish leasing of convicts... . . . . . . . 213 From the Central Labor Union of l\facon protesting against leasing of convicts..................... 221 I'ROCLAMATION- Of the Governor, convening the General Assembly in extraordinary session . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PROTESTS- By Messrs. Hende1son of 39th district, Henderson of 15th district and williford against the action of the Senate in passing Section 7 of the substitute of House to Senate Bill, which authorizes the farming out or leasing of convicts .............. 248 24!J t;J<;J\A'l'E RESOLUTIONS- A resolution providing for a joint committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session.. 7 A resolution instructing the secretary to notify the House that the Senate has convened in extra ordinary session . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 7 260 JOURNAL OF THE SENATE. A resolution extending the thanks of the Senate to committee on investigation of convict question:.. 82 A resolution fixing the hour of adjournment of Senate 88 A resolution fixing the hours of assembling and ad journing ................................... 91 96 203 A resolution providing that the Senate adjourn from August 28 to Monday, August, 31, 1908. . . . . . . . . . 92 A resolution that a committee of the authors of va- rious convict bills and three others be appointed to determine upon a suitable measure. . . . . . . . . . . . . . 96 A resolution expressing confidence in the integrity and honesty of purpose of Senator Jno. P. Knight.... 101 A resolution declaring upon what conditions the Sen- ate will appoint a committee of conference upon the ''Holder Bill''. . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 139 A resolution declaring it to be the sense of the Senate that the report of the conference committee upon the "Holder Bill" should be adopted.......... 169 A resolution requesting His Excellency, the Governor, to adjourn the General Assembly sine die ........ 176 179 A resolution limiting debate on all subjclets to ten minutes to each speaker. . . . . . . . . . . . . . . . . . . . . . . . 187 A resolution tendering Governor Hoke Smith the sym- pathy of the Senate, in the death of his father, Dr. H. H. Smith. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 A resolution providing that the extra session of the General Assembly adjourn sine die not later than Friday, Sept. 18, 1908, at 5 o'clock p. m........ 213 A resolution that the heartiest thanks of this body be extended Mr. Flynn Hargett, messenger, for the faithful and attentive and kind service to each member of the Senate during the sessions of 1908 252 A resolution that the thanks of this body be extended to Mr. L. W. Reeves, doorkeeper of the Senate, and to Hon. U. S. Northen, secretary of the Senate, for their faithful and attentive services as officers of this body during the sessions of 1908.. 252 iNDEX. 261 A :resolution providinJ for a joint eommittee of the ROllSe and Senate to notify His Exeellenq, the Governor, that the General Assembly has com pleted its duties and is :r:eady to adjourn sine die. A resolution providing that the Secretary notify the Rouse of Representatives that the Senate has :finished all business bef9re it and is ready to adj9urn sine die................................ . 253 ., 262 JoURNAL oF.THE SENATE. HOUSE BILLS. CHILDREN'S COURTS- A bill to provide for l:'stablishment of children's courts 97 100 124 ('Oi'\VfCTS- A hill to provide for future employment of felony and misdemeanor convicts ....... 91 101 123 127 137 14l! 146 147 149 150 }53 lii-t 159 17B 181 185 187 191 1H7 200 PARDONS- A bill to create a system of parole or conditional pardons of prisoners .................... 1:\2 134 144 l!ii PROHIBITION- A bill to plaee a tax on sale of all drinks and hever ag>s in imitation of beer .... : . . . . . . . . . . . . . . . 127 1:14 14:) 'rAX LAWS- A bill to place a tax on sale of all drinks and bever ages in imitation of beer .................... 127 134 14:i HOUSE RESOLUTIONS- A !'>solution to create a commission to inquire into the fl:'asibility of extending the W. & A. R. R. to the sea .................................... 132 13:3 14i A rc>solution tendering the sympathy of the General Assembly to the GO\emor, in the death of his father, Dr. H. H. Smith. . . . . . . . . . . . . . . . . . . . . . . . 200 INDEX. 263 A nsolution proYiding for indexing journals of the House and Senate for extraordinary session of 1908 216 A resolution declaring that it is the sense of the pl'ople of Georgia that Hon. Joseph B. Cummings be appointed Commissioner of the National Park at Chickamauga .........-. . . . . . . . . . . . . . . . . . . . . 218 A resolution providing for finishing up the business of the extraordinary session of the General Assembly 2:!:!